H O IC-NRLF "A&9 DOCUMtt* 1 * Mb flEl U. J. DEPARTMENT OF LABOR NATIONAL WAR LABOR BOARD WASHINGTON - V REPORT OF THE SECRETARY OF THE Vft rf NATIONAL WAR LABOR BOARD TO THE SECRETARY OF LABOR FOR THE TWELVE MONTHS ENDING MAY 31, 1919 WASHINGTON GOVERNMENT PRINTING OFFICE 1920 DOCUMENTS DEPT. U. S. DEPARTMENT OF LABOR 5 NATIONAL WAR LABOR BOARD WASHINGTON REPORT OF THE SECRETARY OF THE NATIONAL WAR LABOR BOARD TO THE SECRETARY OF LABOR FOR THE TWELVE MONTHS ENDING MAY 31, 1919 WASHINGTON GOVERNMENT PRINTING OFFICE 1920 STtTc 3 NATIONAL WAR LABOR BOARD, WILLIAM II. TAFT BASIL M. MANLY JOINT CHAIRMEN FREDERICK N. JUDSON WM. HARMAN BLACK VICE CHAIBMEN W. JETT LAUCK,.SEC'iiET.\[jY Representing Employers Representing Labor LOYALL A. OSBORNE. FRANK J. HAYES. P. F. SULLIVAN, ALTERNATE. ADAM WILKINSON, C. E. MICHAEL. W. L. HUTCHESON. J. W. MARSH, ALTERNATE. T. M. GUERIN. AI/THRNATB. W. H. VAN DERVOORT. WM. H. JOHNSTON. II. H. RICE. ALTER XATK. FRED HEWITT. ALTERNATE.. HAROLD O. SMITH. VICTOR A. OLANDER. MATTHEW WOLL, AI.TKRNATH JOHN F. PERKINS. T. A. RICKERT. GR AN VILLE E. FOSS, ALTEUNATB. JOHN J. MANNING, ALTEUXATK. The powers, functions, and duties of the National War Labor Board shall be to settle by mediation and conciliation controversies arising between employers and workers in fields of production neces- sary for the effective conduct of the war, or in other fields of national activity, delays and obstructions in which might, in the opinion of the National Board, affect detrimentally such production; to provide, by direct appointment, or otherwise, for committees or boards to sit in various parts of the country where controversies arise and secure settlement by local mediation and conciliation; and to summon the parties to controversies for hearing and action by the National Board in event of failure to secure settlement by mediation and conciliation. The principles to be observed and the methods to be followed by the National Board in exercising such powers and functions and performing such duties shall be those specified in the said report of the War Labor Conference Board dated March 29, 1918. From the proclamation by the President of the United /States creating the National War Labor Board. LETTER OF TRANSMITTAL. WASHINGTON, D. C., June 3, 1910. SIRS: I am transmitting herewith my report as secretary of the National War Labor Board for the year ended May 31, 1919. Very truly, yours, W. JETT LATTCK, Secretory. Hon. WM. H.TAPT, Hon. BASIL M. MANLY, Joint Chairmen. NATIONAL WAR LABOR BOARD, Washington, D. C. 3 REPORT OF THE SECRETARY OF THE NATIONAL WAR LABOR BOARD FOR THE 12 MONTHS ENDED MAY 31, 1919. The National War Labor Board was created as part of the war machinery of the country and it is passing out of existence as the n.eed for war machinery is passing. Its existence has covered a term of barely 13 months, only one-half of which was a period of active hostilities. The War Labor Board served as a means of adjusting labor disputes without stopping production of things essential to the conduct of the war, as a condition under which the board accepted cases w r as that work should continue without interruption while the case was being considered by the board. DISPOSITION OF CASES. From April 30, 1918, to May 31, 1919, the date of this report, the board has received 1,270 cases, 25 of which were consolidated with other cases, leaving 1,245 separate controver- sies which had to be passed upon by the board. Of these 1,245 cases, 706 (57 per cent) have been referred to other agencies having primary jurisdiction or have been dismissed because of voluntary settlement, lack of jurisdiction, or for other reasons; 77 (6 per cent) are pending or remain on the docket as undisposed of because of divided vote or suspension ; while in the remaining 462 cases (37 per cent) awards or findings have been handed down. In addition the board made 58 supplementary de- cisions in cases where action had already been taken, making a total of 520 formal awards or findings. This record within a period of less than 13 months is one which unquestionably has never been ap- proached by any similar agency in the history 'of industry. An analysis of the disposition of the 1,245 cases referred to is given in the following table : Statement showing disposition of cases before the National War Labor Board to May 31, 1919. Complaints received : Joint submissions 193 Ex parte ... 1,052 Total__ _ 1,245 6 r^PciiT S,:;_ :Ufi Pending 23 Remaining on docket because hoard unable to agree 2 53 Suspended 1 Total 1.245 - As to the 315 cases which were received by the board and referred to other boards and agencies having original jurisdiction, the follow- ing table shows the number referred to each specified agency : X umber of cases referred to each xpeeified ugcncij. Department of Labor, Division of Conciliation __ 1G4 Department of Labor, Employment Service 1 Railroad Administration, Division of Labor 13 Navy Department G Treasury Department 1 Post Office Department Emergency Fleet Corporation, Industrial Relations Division Emergency Fleet Corporation, Labor Adjustment Board 6 War Industries Board '* War Labor Policies Board 1 Fuel Administration G Federal Oil Inspection Board War Department, various War Department, Quartermaster General Army Ordnance, Industrial Relations Section 20 Signal Corps and Aircraft Production Boavd 20 Board members 10 Officers of international unions K) Total 313 It will be seen from the foregoing analysis that more than one-half of the complaints referred were sent to the Division of Conciliation of the Department of Labor with the object in view of having the differences adjusted, if possible, without recourse to formal proceed- ings before the board. Of the cases removed from the docket of the board without action by formal award or finding, the greater number were dismissed without prejudice because of lack of prosecution or because the board was advised that the parties involved had entered into a formal agreement and no further action by the board was necessary. The following table shows in detail the number of cases removed for each reason specified: Cases removed from docket for reasons specified. Lack of jurisdiction 03 Lack of agreement 11 Lack of prosecution 159 Voluntary settlement between parties 116 Withdrawal 12 Total - 391 1 Not including 58 supplementary awards, etc., in cases in which action had already been taken. 2 These 53 cases represent actually only 3 case-groups, as one of the case-groups involves 51 docket numbers. REPORT SECRETARY 'NATIONAL' WAR LABOR BOARD. It should be noted that cases removed from the docket required in many instances as careful consideration by the board or its staff as those cases in which formal awards or findings were made. ANALYSIS OF THE WORK OF THE BOARD BY MONTHS, MAY, 1918, TO MAY, 1919. An interesting insight into the volume of work which might have been developed by the board had not the armistice been signed is set forth in the following table, which furnishes a review of the work of the board by months during the 13 months ending with May 31, 1919 : Mouth. Cases placed on docket. Awards and findings made. Joint submis- sions. Ex parte. Total. Indus- trial. Public utilities. Total. Supple- mentary actions. Total actions. May to July August. . 38 29 39 18 24 13 9 3 15 1 4 203 96 180 133 251 55 78 70 1 4 1 246 125 219 151 275 68 87 73 16 5 5 13 4 8 14 17 17 43 35 114 79 15 21 34 4 8 26 38 25 55 47 121 88 16 34 4 10 29 41 34 65 53 132 99 19 September . . . i 3 3 9 10 6 11 11 3 October 12 21 8 12 12 7 9 1 November December. . January. . February . . . March.... April. . May..,. Total 193 a 1,077 a 1,270 359 103 402 58 520 a Including 25 docket numbers consolidated. The rapid expansion of the work of the board during the period of actual hostilities is at once apparent from an examination of the foregoing table. At the time of the signing of the armistice the board had acted on 455 cases but had made only about 72 formal awards and findings, due to the fact that special attention had been given to important cases involving the production of large quantities of munitions, ordnance, and essential war materials. After the signing of the armistice a resolution of the board provided that no new cases except joint submissions would be received by the board after December 5, 1918. Altogether there have been received during the six months since the armistice only 423 new cases, as compared with 847 cases entered on the docket during the six months prior to the armistice. During the six months period since the armistice the board has acted on the 375 cases which were pending when the armistice was signed as well as approximately 400 new cases which have been docketed. CHANGES IN PERSONNEL OF THE BOARD. The membership of the National War Labor Board as constituted at the time of its appointment was as follows : William Howard Taft, joint chairman and public representative of the employers. Frank P. Walsh, of Kansas City, Mo., joint chairman and public representative of employees. 8 REPORT SECRETARY NATIONAL AVAR LABOR BOARD. For employers : L. F. Loree, of the Delaware & Hudson Railroad Co. W. H. Van Dervoort, of the Root & Van Dervoort Engineering Co., of East Mqline, 111. C. Edwin Michael, of the Virginia Bridge & Iron Co., Roanoke, Va. Loyall A. Osborne, of the Westinghouse Electric & Manufac- turing Co. B. L. Worden, of the Submarine Boat Corporation, Newark, N. J. For employees : Frank J. Hayes, of the United Mine Workers of America. Wm. L. Hutcheson, of the United Brotherhood of Carpenters and Joiners. Wm. H. Johnston, of the International Association of Machinists, Victor Olander, of the International Seamen's Union of America, Thomas A. Rickert, of the United Garment Workers. These appointments of the Secretary of Labor were approved and affirmed by the President of the United States by a proclamation issued April 8, 1918. The following appointments and changes in personnel have taken place : W. Jett Lauck, economist, of Chevy Chase, Md., to be permanent secretary, May 9, 1918. Thomas J. Savage, of the International Association of Machinists, to be alternate for Mr. Johnston. T. M. Guerin, of the United Brotherhood of Carpenters and Joiners, to be alternate for Mr. Hutcheson, May 13, 1918. F. C. Hood, of the Hood Rubber Co., Watertown, Mass., to be alternate for Mr. Loree, May 17, 1918. C. A. Crocker, of the Crocker-McElwain Co., Holyoke, Mass., to be alternate for Mr. Worden, June 1, 1918. F. C. Hood, alternate for Mr. Loree, to become principal on the resignation of Mr. Loree, June 1, 1918. John F. Perkins, of the Calumet-Hecla Copper Co., to be alter- nate for Mr. Osborne, June 1, 1918. Frederick N. Judson, lawyer, of St. Louis, Mo., to be vice chairman and alternate for Mr. Taft, June 18, 1918. John F. Perkins, alternate for Mr. Osborne, to be alternate for Mr. Hood, June 27, 1918. H. H. Rice, of the General Motors Corp., Detroit, Mich., to be al- ternate for Mr. Van Dervoort, July 1, 1918. Wm. Harman Black, lawyer, of New York City, to be vice chair- man and alternate for Mr. Walsh, July 20, 1918. Matthew Woll, of the International Photo-Engravers' Union, to be alternate for Mr. Olander, July 24, 1918. John J. Manning, of the United Garment Workers, to be alternate for Mr. Rickert, July 24, 1918. J. W. Marsh, of the Westinghouse Electric & Manufacturing Co., to be alternate for Mr. Michael, September 1, 1918. On October 9, 1918, the board was notified of the death of Thomas J. Savage, and Fred Hewitt, of the International Association of Machinists, was designated alternate for Mr. Johnston, October 22, 1918. REPORT SECRETARY NATIONAL WAR LABOR BOARD. 9 F. C. Hood resigned as member of the board on November 19, 1918. P. F. Sullivan, of the Bay State Street Railway Co., of Massachu- setts, to be alternate for Mr. Osborne, December 3, 1918. Frank P. Walsh, joint chairman, resigned as a member of the board on December 3, 1918. Win. Harmnn Black, vice chairman and alternate for Mr. Walsh, resigned as a member of the board on December 3, 1918. Basil M. Manly, journalist, of Washington, D. C., to be joint chairman, to fill the vacancy caused by the resignation of Mr. Walsh, December 4, 1918. Wm. Harman Black, to be vice chairman and alternate for Mr. Manly, December 4, 1918. John F. Perkins, alternate for Mr. Hood, to be a principal, to fill the vacancy caused by the resignation of Mr. Hood, December 4, 1918. B. L. Worden resigned as a member of the board on December 9, 1918. C. A. Crocker, alternate for Mr. Worden, to be a principal, to fill the vacancy caused by the resignation of Mr. Worden, December 11, 1918. Harold O. Smith, of the J. and D. Tire Co., Charlotte, N. C., to be alternate for Mr. Crocker, January 17, 1919. Granville E. Foss, of the Brightwood Manufacturing Co., North Andover, Mass., to be alternate for Mr. Perkins, February 11, 1919. C. A. Crocker resigned as a member of the board on February 24, 1919. Principal members and alternates appointed subsequent to the cre- ation of the board were nominated and appointed in the same manner as were the original members, the date given above being the date of appointment or of entering upon duty. EXECUTIVE SESSIONS OF THE BOARD. During the summer of 1918 and up to the time of the signing of the armistice in November of the same year, an executive session of the full board or its standing committee was held each week. The usual practice was for the standing committee to meet one w r eek and the full board the following week, although the pressure of work at times was so great as to require the full board to remain in session continuously for a longer period than a week. Altogether 104 days were devoted to executive meetings by the board during the year. This does not include the considerable periods which the board spent in conducting public hearings. As almost all the members had other important duties to perform, the policy was adopted of each member appointing an alternate to represent him when his presence was re- quired elsewhere, so that the adjustment of important matters be- fore the board might not be delayed. SCOPE OF BOARD'S AWARDS. A careful tabulation of the data in the files shows that up to May 22 the awards and findings of the board (excluding 11 for which ^ information is lacking) directly affected 1.084 establishments 10 REPORT SECRETARY NATIONAL WAR LABOR BOARD. employing 669,496 persons, of whom 80,271 were employees of street railways. These numbers, it is to be emphasized, include only those persons who were specified directly in the terms of the decisions. In very many cases the decision was applied in practice to other employees of a plant than those in whose names the controversy was filed. Of still more importance is the fact that very frequently a decision in regard to one company was accepted by other companies similarly situated. The information on this point is very limited, but it is known that in very many instances controversies were settled voluntarily or by other adjustment agencies on the lines laid down by existing decisions of the board. Thus it is known that the decision of the board in the Bridgeport case was accepted and applied in the plants of the Remington Arms Co. in other places; and that the street railway decisions have been the basis of voluntary adjust- ment in Philadelphia, Washington, and many other cities. Indeed the "principles" of the National War Labor Board as laid down by the Conference Board and as interpreted by the War Labor Board had a vastly wider influence and acceptance than in- dicated by any mere numerical statement of the persons directly affected by the decisions of the board. Other governmental adjust- ment agencies such as the Industrial Service Section of the Ord- nance and other branches of the War Department, as well as the labor adjustment divisions and boards of other procurement di- visions of the Government have used these principles and precedents as a manual in their own adjustment work. Moreover, the concilia- tors of the Department of Labor, whose work during the war has been of far-reaching importance, averted many difficulties by^ citing the principles and precedents of the board to the parties in con- troversy and working out an adjustment thereunder. JOf special interest, also, is the large number of strikes and lock- its averted or called off as a direct result of the board's interven- on. The exact number is unknown, but the records show at least $8 instances of this character. \ Y. W*x. MT*' \ ' AnktTV^^- ORIGIN OF CASES. The proclamation of the President creating the National War Labor Board conferred upon it jurisdiction in all controversies ' : in fields of production necessary for the effective conduct of the war, or in other fields of national activity, delays and obstructions in which might, in the opinion of the National Board, affect detri- ^mentally such production." The jurisdiction, as regards subject matter, thus conferred upon the board was extremely broad, inasmuch as in the reorganization of industry on a war basis there existed very few business activities which did not affect, directly or indirectly, the effective conduct of the war. This is indicated by the fact that the board dismissed fewer than 50 complaints on the ground that war production was not involved. In practice, however, the jurisdiction of the board was greatly and desirably limited by the further provision of the proclamation that the board should refuse to take cognizance of a controversy " in REPORT SECRETARY NATIONAL WAR LABOR BOARD. 11 any field of industrial or other activity where there is by agreement or Federal law a means of settlement which has not been invoked." This provision excluded from the consideration of the board, ex- cept by way of appeal, large groups of cases where the parties con- cerned had provided by voluntary agreement for other means of arbitration or where Federal law had provided other arbitration agencies. Thus the vast shipbuilding industry had set up by agree- ment its own Labor Adjustment Board; the Ordnance Department and other producing departments of the Government had provided special industrial service sections to consider the complaints of their employees; and the coal mining industry had its labor conditions controlled by agreement of all parties with the Fuel Administration. jfn this way, in a number of the most important industries, means of adjustment of disputes had been arranged for, and controversies therein could reach the board only on appeal. The procedure of the board provided, moreover, that appeals would be heard only on the ground that the principles of the President's proclamation had been violated, or that either party to an award had violated it, or to de- termine questions of jurisdiction as between Government boards. In no case was an appeal permissible on question of fact. The cases which came to the board on appeal from decisions of other boards were very few. Perhaps the most important of these was the New York Harbor case, which came up on appeal from the New York Harbor Wage Adjustment Board. A very large number of cases, however, came to the board by w r ay of reference from conciliation agencies such as the Depart- ment of Labor which had been unable to adjust the matters in con- troversy. Thus of the 462 cases in which the board made awards and findings almost exactly one-third came by way of reference from other agencies and two-thirds by way of direct complaint to the board. Most of the cases coming by reference were from the Depart- ment of Labor, but some of the most important were referred by the War and Navy Departments and had been previously handled by the Industrial Service Sections of these departments. Such were the St. Louis cases, the Bridgeport cases, the Worthington Pump case, the Smith & Wesson case, and the Newark, N. J., machinists' cases. It is also of interest to note that of the complaints brought di-/ rectly to the National War Labor Board about 12 per cent were made by employers or employers' associations; the remainder were made either by groups of employees or, in the case of union shops, by their union representatives. EXECUTION OF AWARDS. The board was given no legal authority to enforce its decisions. In cases of joint submission the parties had, of course, the right of legal redress as in all cases of violation of contract. Otherwise the execution of the board's decisions depended on the support of pub- lic opinion, the support of other governmental agencies, and the obligation laid upon employers and employees by their chosen rep- resentatives in the formation of the board and the drafting of its principles. Particularly during the period of active hostilities the powers of the procurement departments of the Government such as the War and Navy Departments were very great, and these powers, as well 12 REPORT SECRETARY NATIONAL WAR LABOR BOARD. as the influence of the President himself, were consistently used in support of the awards of this board. The most striking cases of this kind were the Bridgeport and Smith & Wesson cases. In the former the President told the striking employees he would use the Federal Employment Service and other branches of the Government to their disadvantage if they did not accept the board's award. In the Smith & Wesson case the War Department immediately took over the plant of that company when it refused to abide by the board's decision. The outstanding fact, howeA-er, is that, as long as active war was on, the decisions of the board were accepted almost without exception both in ex parte cases and in cases of joint submission. Since the armistice, and more particularly since the first of the year, the changed industrial conditions, the questioning in some quarters as to f^" the board's authority in the intermediate period between the armistice \- ' and the proclamation of peace, and the uncertainty in some minds as to the continued existence of the board, have combined to create a '. ^ condition when the board's decisions have been less spontaneously accepted. HEARINGS BY BOARD AND EXAMINERS. When the number of submissions to the board became so great as to render hearings by examiners necessary, such hearings almost entirely supplanted hearings before board members. In addition to the heavy requirement of considering the testimony secured by examiners the board heard only cases of peculiar difficulty or listened to oral argument in cases in which the testimony had previously been submitted to examiners. In total there have been 488 hearings held by the board members and by examiners, hearings by examiners being 321, or 06 per cent of the total. The hearings were distributed as follows : Hearings held before Umpires 20 Full National War Labor Board 59 Recess or standing committee 6 Joint chairmen 46 Joint chairmen and section 2 Double section 1 Board and section 1 Sections 32 Examiners _ 321 Total 488 During the months of greatest activity examiners' hearings aver- aged about 15 per week, and in view of the length of many hearings and their wide separation geographically, this involved the need of some 30 examiners. Usually the hearings were held at the place of controversy. This was done primarily for reasons of economy, as it was much less expensive to send an examiner with necessary assistants to another point than it was to pay the expenses of representatives and witnesses to Washington. The policy adopted was to assign only one examiner to a hearing, except in cases of particular difficulty or complexity; but this policy could not always be observed, owing to the need of breaking in new examiners, a process which could be best accomplished by sending a new man with a more experienced examiner, in order that he might get practical training. REPORT SECRETARY NATIONAL WAR LABOR BOARD. 13 SPECIAL FIELD REPRESENTATIVES. At the outset of the board's work it was thought that beneficial results might be obtained by having representatives, designated by the employers' and employees' groups, make preliminary investiga- tions of complaints which were brought before the board. It was expected that these special field representatives might be successful in mediating or adjusting differences, or could prepare special reports as to the facts involved for the consideration of the board. Later thesit special field representatives were instructed to assist the parties to a controversy in preparing their cases for hearings. This procedure, while sound in theory, did not work out satisfactorily in actual practice, for the reason that it tended to extend or accentuate the original differences as to which complaints were made. As a, consequence, in the procedure as finally adopted by the board the use of special field representatives was discontinued. ADMINISTRATION OF AWARDS. The policy of the board has been always to encourage to the great- est possible extent the self-administration of its decisions. In prac- tice, however, even the best drawn awards almost always left room for divergent interpretations. If the differences were small, adjust- ment could be made by correspondence, but in case of major differ- ences the sending of an examiner as an interpreter and administrator proved to be the only alternative to having the parties bring their difficulties direct to the board. The demand for such service was particularly acute in cases where an award provided for collective bargaining in a plant where collective bargaining had not previously existed. Often the parties in such cases were completely at a loss as to how to begin such a system and imperatively needed counsel with some one familiar with the processes of installing shop-com- mittee systems. A large number of awards specifically provided that an examiner or administrator, as he came to be called should be sent to interpret the award. In addition, a great number of requests for adminis- trators have been received in cases where the award did not specifi- cally prgvide for the sending of an administrator or where such action was contingent upon a request made by one or both parties. The number of administrators available has never been sufficient to meet all of the requests made. Moreover, the demand for the services of administrators has steadily increased as more and more decisions were rendered by the board, and at present there is a greater demand for such services than at any previous time. In total, 180 awards and findings have been administered by the Department of Administration of Awards. Administrators have been present in person in 128 cases. The maximum number of admin- istrators at the time of greatest activity was about 25. The administration of the street railway awards was susceptible of a high degree of standardization. They had a common author- ship all of them were written by the joint chairmen; they related to a single industry of remarkably homogeneous character ; and, usually, the employees were highly organized and both parties had been accustomed to collective bargaining. 14 REPORT SECRETARY NATIONAL WAR LABOR BOARD. The industrial awards, on the other hand, presented a bewildering riety of conditions, and have, in many cases, necessitated the in- llation of elaborate machinery for collective bargaining. A not- D * e instance of this is the Bridgeport case, where over 60 establish - ents, employing 60,000 persons, were involved. It is of much terest to note that the local board of mediation and conciliation, ] established under this award, has been accepted by both parties as a permanent institution. Another striking item in. the history of the administrative work was the statement of officials of the Corn Products Eefining Co. (Docket No. 130) to the administrator of the board, that the expense of the award to the company, amounting to a million dollars or more, was more than compensated for by the improved classification of occu- pations worked out by the board and its examiners and by the greater security of industrial relations secured by the award. ORGANIZATION OF STAFF. One of the most burdensome duties laid upon the secretary was that of organizing a staff. In the first place there was the difficulty of securing capable assistants at a time when the pressure on the board for prompt action was greatest and when the man power of the coun- try was in greatest demand for war purposes. More than balancing this, however, was the fact that the work offered in the service of the board was of a character to attract men of the highest grade. As a result, it is believed that the staff as finally organized was, as a whole, of exceptional capacity and merit. A second and even more important difficulty was the uncertainty as to the character and amount of work which was to be intrusted to the staff. For the more or less routine duties such as the Files and Docket, Buildings and Supplies, and Auditing Divisions the work could be forecast with more or less accuracy, but the work of the judicial and administrative examiners which in time became the most characteristic and important branch of the staff organization- was a matter of development and could not be anticipated at all fully. Thus at the start of its work it was the evident intention of the board, itself or by sections, to hear the parties to each controversy submitted to it. The rapid accumulation of cases submitted, however, soon made such a course physically impossible, and the policy was then adopted of employing a staff of judicial examiners w r ho might take the testi- mony of "parties for digesting and presentation to the board. This use of examiners, however, grew up slowly, through requests of the board and its sections in individual cases, and it was not until some two and a half months after the board's organization that definite authority was given the secretary to handle controversies in this mariner. Similarly as regards the department of administration of awards, the provision of administrators to interpret the board's decisions grew out of the necessities of the moment. The award in the Waynesboro machinists' case was the first recognition of the prin- ciple that the board in making an award retained jurisdiction and might assume the duty of helping both parties to put the award into effect. Slowly this became the accepted practice of the board, and as a result the need arose for a staff of special administrative examiners to aid the parties in interpreting and applying awards. REPORT SECRETARY NATIONAL WAR LABOR BOARD. 15 The niaxiniiuu number of employees on the staff of the board was approximately 250. This point was reached immediately before the signing of the armistice. Since that time the staff has been con- stantly reduced in accordance with the decrease in the work before the board. The responsibility and burden of the effective conduct of the work of the board have fallen particularly upon a number of department heads and special assistants. The services of Mr. Hugh S. Ilanna, who has acted since the beginning of the work of the board as chief examiner and general assistant to the secretary, have been invaluable. Others who have devoted themselves constantly and unreservedly to the work of the board and w r ho should be especially commended are Prof. E. B. Woods, chief administrator of awards : Mrs. Everett W. Boughton, assistant to the secretary; Mr. J. W. Marshall, assistant to the secretary; Mr. Madison A. Dimlap, assistant to the secretary; Mr. E. Kletsch, chief, division of files and information; Miss Elizabeth A. Hyde, editorial clerk ; Mr. Roy G. Bostwick, chief, complaint division; Mr. C. S. Watts, chief, division of investigation; Mr. Wyatt B. Angel o, assistant administrator 6*f awards; Mr. W. P. Harvey, special representative, employees' group; Mr. I. A. Rice, special representative, employers' group; Mr. Charlton Ogburn, in charge of street railway cases; Mr. Arthur Sturgis, administrator, street railway cases; Mr. Francis X. Tyrrell, executive assistant; and Mr. W. F. Ogburn, in charge of the Cost of Living Division. SPECIAL REPORTS. Detailed reports from the departments of the organization have been prepared, as follows : 1. Department of Procedure. (a) Division of Complaints. (b) Docket Division. (, 283, 10/24/18. See also Pacific Electric Railway Co., 214, 4/9/15 ; San Diego Electric Railway Co., 452, 4/10/19; Los Angeles Railway Corporation, 753, 4/10/19. In Pacific Electric Railway Co., S14, 4/9/19, the board said, " We find upon consideration that the company's contention that the men have always been able to discuss grievances as individuals and that 110 system of REPORT SECRETARY NATIONAL WAR LABOR BOARD. 55 collective bargaining- is necessary for their welfare, is wrong in fact and in principle, nor do the division meetings held by the men, which were advocated by the company as an adequate plan of collective bargaining, constitute an ideal or even a proper means of free and unhampered discus- sion by the men of their grievances and their presentation of same to the company for adjustment." in fact, the company may not compel the men to join a beneficial organization conducted by the company; Standard Wheel Co., If 6, 10/25/18; Corn Products Refining Co., ISO, 11/21/18 ; Miclvale Steel & Ordnance Co., 129, 2/11/19. But see require- ments which were sustained in S loss-Sheffield Steel & Iron Co., 12, 7/31/18. but the employees must be allowed to become members of any legiti- mate labor organization without interference upon the part of the company. As the board said in the case of the New York Consoli- dated Railroad, (Brooklyn Rapid Transit System), 283, 10/24/18. See also Minneapolis Steel & Machinery Co., //tf, 4/11/19; Brooklyn Rapid Transit Co., 7-7 /, 3/6/19; Third Avenue Railway Co.. 332. 3/7/19; Union Railway Co. of New York, 564, 3/7/19. a The right of the workers of this company freely to organize in trade unions, or to join the same, and to bargain collectively, is affirmed, and discharges for legitimate union activities, interrogation of workers by officials as to their union affiliations, espionage by agents or representatives of the company, visits by officials of the company to the neighborhood of the meeting place of the organiza- tion for the purpose of observing the men who belong to such unions, to their detriment as employees of the company, and like actions, the intent of which is to discourage and prevent men from exercising this right of organization, must be deemed an interference with their rights as laid down in the principles of the board." Under ordinary circumstances an employer can not object to the wearing of a union button by an employee even while he is on duty ; Columbus Railway, Power & Light Co., 146, 7/31/18. but if the wearing of the button actually causes lack of cooperation between the union and the nonunion employees the company may forbid the use of such a symbol during working hours, although, of course, the men are entitled to wear it when they are off duty. Georgia Railway & Power Co., 159, 12/5/18. In the case of the Corn Products Refining Co. 180, 11/21/18. the award, with the acquiescence of the company, provided that em- ployees, upon giving proper notice, must be permitted to absent them- selves without pay to attend union conventions : and in Washington Railway & Electric Co., 1049, 3/25/19. by agreement between the parties a similar award provided that leave of absence should be granted to members of committees chosen for the purpose of treating with the company; but in two other cases Ohio Electric Railway Co., Limn City Lines. 296. 1/15/19; Ohio Electric Railway Co., Lima Intel-urban Lines, 627, 1/15/19. 56 REPORT SECRETARY NATIONAL WAR LABOR BOARD. the board decided that the granting of leave of absence to committees representing employees was a matter to be settled between the com- pany and the employees, although specific grievances might be pre- sented to the board for decision. The Corn Products award also provided that in case of reductions in the force seniority must be given preference, and that employ- ment must be accepted proof of general competency, so that state- ment of specific jncompetency must be given a dismissed employee- upon demand of himself or his representative. COLLECTIVE BARGAINING. Except where a union was recognized by the employer before the submission of a controversy to the board, the employer is usually under no obligation to recognize the union. See authorities in section on Representation of Workers by Outside Agents (p. 65). But the workers have the right to organize for bargaining collec- tively through their chosen representatives, Newsprint Paper, 35, 6/27/18 ; St. Joseph Lead Co., 16, 7/31/18 ; Bethlehem Steel Co., 22, 7/31/18; Columbus Railway, Light & Power Co., 146, 7/31/18; Smith & Wesson, 273, 8/21/18; Bridgeport Munition Workers, 132, 8/28/18; A. M. Byers Co., 134, 9/13/18; Saginaw Machinists, 147, 10/25/18 ; Reading Iron Co., 416, 11/19/18 ; Union Carbide^ Co., 174, 1/15/19 ; Wharton Steel Co., 798, 3/14/19 ; Westfleld Manufacturing Co., $68, 4/11/19. See also General Electric Co., Pittsfield, 19, 7/31/18; recommendations in American Can Co., 694, 2/11/19; Huntington Steel Foundry Co., 640, 2/18/19; Richmond, Ind., cases, 643, 4/10/19; and next note. and it is the duty of the companies to recognize and deal with com- mittees after they have been constituted by the employees. Waynesboro cases, 40, 7/11/18; Columbus Railway, Light & Power Co., 146, 7/31/18; Corn Products Refining Co., 130, 11/21/18; A. H. Petersen Manufacturing Co., 320 3/14/19; Wharton Steel Co., 198, 3/14/19; Parsons Co., 831, 4/9/19; Machinists, Hamilton, Ohio, 078, 4/10/19 ; Westfield Manufacturing Co., 968, 4/11/19 ; recommendations in Nos. 21, 21 a, 21 &, 122, 189, 419, 420, 421, 422, 422 a, 422 ft, 575, 696, 725, 784, 881. See also Washington Railway & Electric Co., 1049, 3/25/19 ; Louisville & Northern Railway & Lighting Co., 555, 4/10/19; Western Chemical Co., 1042, 4/10/19; Minneapolis Steel & Machinery Co., 46, 4/11/19 ; New York Airbrake Co., 499 &, 5/1/19. The following clause appears in a number of awards or recommenda- tions : " The principles upon which the National War Labor Board is founded guarantee the right to employees to organize and to bargain collectively, and there shall be no discrimination or coercion directed against proper activities of this kind. Employees in the exercise of their right to organize shall not use coercive measures of any kind to compel persons to join their unions, nor to induce employers to bargain or deal with their unions. As the right of workers to bargain collectively through committees has been recognized by the board the company shall recognize and deal with such committees after they have been constituted by the employees : " Nos. 16, 80, 81 a, 81 &, 94, 91, 106, 110, 134, 147, 169, 174, 116, 201, 232, 243, .>>,, 258, 261, 274, 275, 328, 334, 354, 355, 365, 371, 393, 397, 400, 401, 416, 418, 419, 420, 421, 422, 422 a< 422 6, 454, 460, 473, 482, 499 6, 502, 519, 519 a, 521, 533, 542, 562, 562 a, 570, 571, 576, 585, 594, 619, 642, 643, 674, 675, 693, 721, 724, 139, 155, 112, 115, 118, 181, 182, 183, 801 to 815, 818, 826 a, 821, 853, 873, 878, 879, 880, 881, 913, 914, 914 a, 915, 915 a, 918, 941, 981, 990, 1006, 1028, 1037. In a few of these cases (94, 147, 176, 258, 261, 334, 502, 693, 115, 880), the board amplified the statement in the last sentence. REPORT SECRETARY NATIONAL WAR LABOR BOARD. 57 In a number of instances the board lias felt that differences be- tween workers and their employers could probably be adjusted by collective bargaining and has provided for such collective action, Sec note following this one and also section on Duties of Committees, saying that the board itself would decide some particular matters in dispute only if the parties were unable to reach an agreement. Bethlehem - Steel Co., 22, 7/31/18; Smith & Wesson, 273, 8/21/18; Bridge- port Munition Workers, 132, 8/28/18; General Electric Co., Lynn, 231, 10/24/18; Virginia Bridge & Iron Co., 47, 10/24/18; Sagimiw Machin- ists, 147 t 10/25/18; Standard Wheel Co., 176, 10/25/18; National Car Coupler Co., 328, 11/19/18 ; St. Louis Coffin Co., 258, 11/19/18 ; Red Star Milling Co., 110, 1/15/19; Bethlehem Steel Co., North Lebanon Plant, 401, 1/15/19; American Clay Machinery Co., 879, 1/15/19. See also American Sheet & Tin Plate Co., %32, 1/15/19 ; Bedford Stone Club, 397, 1/15/19; Eastern Steel Co., 418, 1/15/19. The award in American Locomotive Co., Schenectady, 61, 10/9/18, was superseded by an agree- ment between the company and the two unions on 10/24/18. Indeed, in the Boston Fisheries controversy the board went still further and made a recommendation of collective bargaining which extended beyond the parties who were then before the board. Compare the award as to silk manufacturing in United Textile Workers, 1123, 4/10/19. It recommended that a conference representing the employers and the workers engaged in the industry establish machinery for dealing with grievances and disputes and that it negotiate wage agreements for the industry as a whole. In connection with its awards in Nos. 1127, 1128, 1129, 1130, 5/28/19, cases by marine firemen, masters, marine engineers, fish handlers and others against the East Coast Fisheries Co. and other companies, the board on the same date adopted a resolution which provides as follows : " The National War Labor Board in rendering the awards in the Boston Fisheries cases is not unmindful of the fact that the work engaged in by these parties is of vital import to the people of our nation. The necessity of continuous operation of the fishing boats is obvious, and it would be nothing short of a calamity should the source of this food supply be cut off by reason of misunderstandings that could be amicably adjusted by joint conference between the representatives of both parties. " The cases submitted to the board for arbitration only affect part of the employees, who are employed on beam trawlers and who comprise only a small portion of the men engaged in the fishing industry of the Atlantic coast. " Owing to the nature of this business, it would be impossible to outline a specific set of rules such as has been done to govern the methods of col- lective bargaining in shops, mills, or factories. " The National War Labor Board recommends that the representatives of the owners of beam trawlers and schooners, and the representatives of the various unions of employees, meet in conference with the view to " 1. The establishment of a fair and equitable machinery for the preven- tion and adjustment of grievances and disputes which may arise in the industry. " 2. The promotion generally of amicable relations between employers and employees. "3. The negotiation of wage agreements for the industry as a whole. " It is the judgment of the board that the parties engaged in this indus- try are best fitted by training and experience to work out the details in connection with these recommendations, and we urge that they be given serious consideration." 58 REPORT SECRETARY NATIONAL WAR LABOR BOARD, COMMITTEES ESTABLISHED FOR COLLECTIVE BARGAINING. Of course, collective bargaining can be carried on regardless of any procedural rules laid down by the board if the parties in interest agree among themselves. But in a number of cases in which the parties did not agree as to the course to be followed, the board has established rules for collective bargaining between the parties. The board, however, has not laid down an invariable rule as to the com- position of the committees, the method of choosing representatives, and the duties of the committees, which applies alike to all cases. AWARDS AS TO THE COMPOSITION OF THE COMMITTEES. In some cases in which thousands of employees were involved the board has created shop or departmental committees to adjust disputes which the employees are unable to adjust with the shop foremen and the division superintendents, and has directed the department or shop committees to meet annually and select from among their number a committee of three employees, known as the committee on appeals, to meet with the management for the purpose of adjusting disputes which the department committees have been unable to adjust. General Electric Co., Pittsfield, 19, 7/31/18 ; Smith & Wesson, 273, 8/21/18. The same types of committees are created in General Electric Co., Lynn, 231, 10/24/18. In the Bethlehem 22, 7/31/18. and Bridgeport 132, 8/28/18. cases it went further and created local boards of three members from each side to bring about agreements on disputed issues not covered by the decisions of the War Labor Board in those cases. The boards were to be presided over by a chairman appointed by the Secretary of War. In the Bethlehem case the members of the board were to be compensated by the parties whom they represented. A somewhat different award decided that the shop committee should be elected " in conformity with the plan approved by the board " but also provided that the administrator, in conference with botli sides, should determine the size and membership of the shop committee. Pittsfield Machine & Tool Co, 337, 11/21/18. The Corn Products Refining Co. award 130, 11/21/18. provided for department committees of three employees and a gen- eral plant committee of five employees to be elected by the members of the department committees : the plant committee should endeavor to adjust grievances which the department committees were unable to adjust: if it were unsuccessful, the matter might be referred to the National War Labor Board or such other agency as the company and the committee might agree upon. REPORT SECRETARY NATIONAL WAR LABOR BOARD. 59 Other awards simply called for the election of shop committees to represent the employees; in case of disagreement between committees and company controversies were to be brought before the board. Mason Machine Works, 111, 10/9/18; United Engineering Foundry Co., ^57, 10/9/18; St. Louis Oar Co., // a, 10/11/18; Virginia Bridge & Iron Co., 47, 10/24/18; Saginaw Machinists, 147, 10/25/18; Standard Wheel Co., 176, 10/25/18; Walworth Manufacturing Co., 274, 3/6/19. See also B. F. Sturtevant Co., 3,95, 3/30/19. In St. Louis Coffin Co., 258, 11/19/18, in case of disagreement concerning arrangements affecting health, com- fort, and working efficiency, appeal was to be made not to the board but to the local inspectors. In New York Central Iron Works Co., Hagerstown, 297, 9/26/18, the parties agreed as to the composition and election of the committees. A number of awards provided for a permanent committee of two members from each side to deal with questions of hours and overtime, American Locomotive Co., Schenectady, 61, 10/9/18 ; Mason Machine Works, 111, 10/9/18 ; United Engineering & Foundry Co., 157, 10/9/18 ; St. Louis Car Co., 4 a, 10/11/18; Saginaw Machinists, 147, 10/25/18; Standard Wheel Co., 176, 10/25/18 ; Molders, Ridgway, 349, 12/20/18 ; Molders, Wil- liamsport, 355, 12/20/18. The parties in American Locomotive Co., Schenectady, subsequently agreed upon a substitute for the award which omitted this provision. of classification, Power to change minimum wages for classes as established in the award and to establish new rates for additional classes, subject to the general principles laid down in the award: Worthington Pump & Machinery Corporation, Cudahy, 163, 12/20/18. Classification of machinists: B. F. Sturtevant Co., 393, 1/30/19. or of wages and working conditions, Recommendation in Smith, Drum & Co., 641, 1/15/19, the decisions of three members to be binding, but nothing said as to course if three mem- bers should not agree. the decision of three members to be binding : in case of a tie vote the decision of the examiner to be binding, except that from his decision an appeal might be made to the board. Pending action by the board the decision of the examiner was to remain in force. In the Wheeling Molders case 37 I), 9/16/18. the umpire decided that a committee of two members from each side should be created to deal with overtime work, and that overtime should not be worked without the consent of at least three members of that committee. In the Newsprint Paper case 35, 6/27/18. See also 35 sup., 7/26/18, sup., 1/28/19. committees of five members from each side were directed to endeavor to reach an agreement upon several problems: in other respects the conditions in force on a named date were to remain in force unless changed by mutual consent of the committees. In several cases it was decided that the examiner should provide for minority representation wherever practicable ; General Electric Co., Pittsfield, 19, 7/31/18; Bethlehem Steel Co., 22, 7/31/18 ; Smith & Wesson, 273, 8/21/18. 60 REPORT SECRETARY NATIONAL WAR LABOR BOARD. and in two cases it was decided that at least one woman should be on the shop committees. Standard Wheel Co., 176, 10/25/18 ; B. F. Sturtevant Co., 393, 1/30/19. While the committees are usually representative of the several de- partments of a plant, See Hayes Pump & Planter Co., 603, 2/12/19 ; Machine companies of Columbus, Ohio, 502, 4/10/19 ; Rome, N. Y., cases, 941, 4/10/19 ; Steacy- Schmidt Manufacturing Co., 45J h 4/10/19; Lancaster, Pa., cases, 873, 4/11/19; Worthington Pump & Machinery Corporation, Cudahy, 163, 12/20/18. the awards do not uniformly require the observance of this practice. See Omaha & Council Bluffs Street Railway Co., 154 sup., 1/3/19; Decker & Sons, 235, 2/12/19; Madison Machinists, 195, 2/18/19; Machinists, Hamilton, Ohio, 978, 4/10/19. AWARDS AS TO ELECTIONS. In several cases General Electric Co., Pittsfield, 19, 7/31/18; Bethlehem Steel Co., 22, 7/31/18 ; Smith & Wesson, 273, 8/21/18. the board provided for the holding of the election of department committees by the workers in some convenient public building in the neighborhood of the plant, to be selected by the examiner in charge or, in case of his absence, by some impartial resident of the town to be selected by the examiner, and provided that the examiner or his substitute should conduct the election. In a later award Saglnaw Machinists, 147, 10/25/18. it provided for the holding of the election "in the place where the largest total vote of the men can be secured consistent with fairness of count and full and free expression of choice, either in the shop or some convenient public building as the parties themselves shall agree upon." And in the Corn Products Refining Co. decision 130, 11/21/18. it declared that the committees should be "elected by secret ballot in such manner and place and under such conditions as the em- ployees may determine, without influence or interference by the com- pany or any of its superintendents or foremen." The award in B. F. Sturtevant Co. 393, 1/30/19. provided that the election should be by secret ballot " with all men and women machinists eligible to vote." In Midvale Steel & Ordnance Co. 129, 2/11/19. the board decided that an examiner should be sent to the plant in order to ascertain whether the existing shop committees had been fairly elected and whether the existing system of collective bargain- ing provided proper means for amendment in case the employees desired to make changes in the system, and the board provided for a reelection or the making of changes in the system if either or both courses should appear to be necessary. REPORT SECRETARY NATIONAL WAR LABOR BOARD. 61 ELECTION PLAN OUTLINED BY THE JOINT CHAIRMEN. On October 4, 1918, the joint chairmen approved a plan for the election of shop committees which provided for the selection of one committeeman for each 100 employees in each department or section of the shop, for the nomination of candidates, for the holding of elections in the shop or some convenient public building as the chief examiner shall decide, the election to be conducted under the super- vision of the examiner in charge, who is to select as assistants two or more employees of the department or section for which the election is held, and who is to be further assisted by some employee, selected by the employer, who is qualified to identify the voters as bona fide employees. The election is to be held by secret ballot, and the foremen and other officials of the company are to absent themselves from the election. After the first election the procedure may be changed by agreement between the employer and the committee. Provision is to be made for reports by the shop committees from time to time to their respective constituencies. MODIFICATION IN ADMINISTRATION OF AWARDS. It must be noted, however, that this plan was not followed literally in all of the subsequent awards, See citations in section on Awards as to the Composition of the Com- mittees (p. 58). that it does not apply to all types of committees, and that in the ad- ministration of the awards the plan has usually been modified to meet the conditions in the particular cases, sometimes by agreement between the parties and sometimes, when the parties failed to agree, by the decision of the administrator in charge, with the approval oj the chief administrator. These agreements or decisions usually have provided for the selection of three committeemen to a depart- ment, even where a department was composed of only a small num- ber of men; but at other times it has been found desirable to com- bine several departments under one representation. In the administration of the Bethlehem decision the instructions from the chief administrator to the examiner in charge call for the selection by the department or craft committees of executive com- mittees of from three to five men in order to obviate the unwieldy character which committees of much greater size would exhibit, and the members of the several executive committees in turn unite to form the central works committee. The entire membership of the shop committees, however, participates in the selection of the repre- sentatives of the employees on the local board of mediation and con- ciliation. DUTIES OF COMMITTEES. The subject matters with which the committees have been called upon to deal have varied widely. In one case a joint committee was directed to try to establish uniform classifications, working condi- tions, and wage schedules throughout the industry. Newsprint Paper, 35, 6/27/18. See also Saginaw Machinists, Iff, 10/25/18. 62 REPORT SECRETARY NATIONAL WAR LABOR BOARD. In other cases committees were directed to deal with the employ- ment of men on work outside their trade, Sinclair Refining Co., 395, 11/20/18. with discharges without sufficient cause, Sinclair Refining Co., 395, 11/20/18 ; Winslow Bros. Co., 533, 3/5/19 : Wil- liamsport Wire Rope Co., 818, 3/5/19; Otis Steel Co., 88 /, 3/5/19; Ster- ling Machine & Stamping Co., 515, 3/12/19 ; Rhode Island Textile Work- ers, 275, 3/13/19 ; Rhode Island Branch, National Metal Trades Assn., 180, 3/26/19 ; Matthews Engineering Co., 542, 542 a, 3/27/19 ; Western Chemi- cal Co., 1042, 4/10/19; Boilermakers, Akron, Ohio, 826 a, 4/11/19. See also Hinde & Dauch Paper Co., 576, 4/11/19; New York Airbrake Co., 499 b, 5/1/19. with wage scales, Mason Machine Works, 111, 10/9/18; United Engineering & Foundry Co., 7.57, 10/9/18 ; General Electric Co., Lynn, 231, 10/24/18 ; Standard Wheel Co., 176, 10/25/18; National Car Coupler Co., 3;?tf, 11/19/18; umpire's award in Chambersburg cases, 371, 3/11/19; Boilermakers, Akron, Ohio, 826 a, 4/11/19. See also recommendations in Connersville Blower Co., 243, 11/21/18; Bethlehem Steel Co., North Lebanon Plant, 401, 1/15/19; Eastern Steel Co., 418, 1/15/19; Imperial Electric Co., 520, 1/15/19; Smith, Drum & Co., 641, 1/15/19; Columbia Metal Box Co., 772, 1/15/19; Athenia Steel & Wire Co., 72 1. 3/5/19; Northwestern Leather Co., 918, 3/5/19 ; McDonough Packing Co., 81 a, 3/26/19 ; Wink Packing Co., 81 ft, 3/26/19; E. Godel & Sons, 81 c, 3/26/19; Midwest Engine Co., 562 a, 3/26/19; Vim Motor Co., 853, 4/9/19; Tennessee Copper Co., 1028, 4/10/19 ; Hinde & Dauch Paper Co., 576, 4/11/19. " Shall meet with the management to establish such classifications and minimum rates of pay as may seem to them necessary:" Saginaw Ma- chinists, 147, 10/25/18. The .joint committee " may from time to time change the minimum rates for the classes hereby established, and may provide new rates for addi- tional classes," subject to the general principles laid down in the award : Umpire's award in Worthington Pump & Machinery Corp., C'udahy, 163, 12/20/18. " For the purpose of ascertaining the recognized prevailing wMgo scales in the cities named in this award an administrator shall be designated by the secretary, who, together with one representative of the employees and one of the company, shall determine such scales;" Corn Products Refining Co., ISO, 11/21/18. The management and shop committee should consider the question of in- equality of rates among those in the same class in the same plant : recommendations in Minneapolis Gas Light Co., 413, 4/11/19, and in Minnesota Flour Mills, 482. 4/11/19. " If any differences still e'dst between the employees nnd the company on the question of wages, an effort be made to adjust them through a com- mittee of the employees, properly constituted by them, and a commit te^ representing the company, and should that fail, that '<\ local arbitrator be selected by the parties, if possible, to adjust those differences : " Recommendation in Detroit Forging Co., 365, 3/6/19. See also J. B. Stine, 521, 4/9/19. with wages and other conditions of employment, Bethlehem Steel Co., 22, 7/11/18 ; Smith & Wesson, 273, 8/21/18. See also Coopers, Chicago, 111., 696, 3/4/19; Blake-Knowles Pump Works, 64%, 4/9/19; Northern Cooperage Co., W?/, 4/29/19; Standard Conveyor Co., 990, 4/29/19. including provisions for the health, comfort, and working efficiency of the employees, St. Louis Coffin Co., 258, 10/9/18. Permanent joint safety committee to consider improvement in sanitary and safety conditions: recommendation in Tennessee Copper Co., 1028, 4/10/19. REPORT SECRETARY NATION AT. WAR LABOR BOARD. 63 with wages, hours, working and sanitary conditions, and all other matters affecting the interests of the employees, Uniform recommendation in American Shoot & Tin Plato Co., 232, 1/15/19; Bedford Stone Club, 397. 1/15/19; Standard Steel Car Co., 914, 914 a, 1/15/19 ; Spang & Co., 915, 3/4/19, 915 a, 3/11/19. Wages, hours and working conditions: Corn Products Refining Co., 130, 11/21/18. See also Patternmakers, Columbus, Ohio, 670, 671, 3/26/19; Richmond, Ind., cases, 643, 4/10/19; Benjamin Iron & Steel Co., 72',, 4/10/19; Rome, N. Y., cases, 941, 4/10/19; Donnelley & Sons Co., 778, 4/30/19 ; New York Airbrake Co., 499 &, 5/1/19. Wages and other working conditions: Reading, Pa., cases, 522, 3/4/19; Coopers, Chicago, 111., 696, 3/4/19; San Diego Electric Railway Co., 452, 4/10/19. with hours and overtime, Wheeling Holders case, 37 6, 9/16/18 ; American Locomotive Co., Schen- ectady, 61, 10/9/18; Mason Machine Works, 111, 10/9/18; United Engi- neering & Foundry Co., 151, 10/9/18 ; St. Louis Car Co., '/ a, 10/11/18 ; Saginaw Machinists, 147, 10/25/18; Standard Wheel Co., 176, 10/25/18; American Locomotive Works, Paterson, 338, 11/20/18; Connersville Blower Co., 243, 11/21/18 ; Benjamin Iron & Steel Co., 724, 4/10/19. See also Westfield Manufacturing Co., 968, 4/11/19; Otis Steel Co., 881 a, 3/5/19 ; Midwest Engine Co., 562 a, 3/26/19 ; Vim Motor Co., 853, 4/9/19 ; Machine companies of Columbus, Ohio, 502, 4/10/19; Hinde Dauch Paper Co., 576, 4/11/19 ; Northern Coperage Co., 981, 4/29/19. with holidays, Bethlehem Steel Co., 22, 7/31/18: Bridgeport Munition Workers, 182, 8/28/18. and weekly work periods, Bethlehem Steel Co., 22, 7/31/18. See also Metal Trades of Denver, 178, 10/25/18. with piecework rates, Bethlehem Steel Co., 22, 7/31/18 ; St. Louis Car Co., 4 a, 10/11/18. Piecework practices and rates ; Corn Products Refining Co., 130, 11/21/18 ; Athenia Steel & Wire Co., 72,1, 3/5/19; Walworth Manufacturing Co., 274, 3/6/19. with payment for special services, Reading Iron Co., 416, 11/19/18. with payment of less than established minimum rates to persons physically incapacitated or to some beginners, Pt. Louis Car Co., .'/ a, 10/11/18; Willys-Overland Co., 95, 10/11/18; Rend- ing Iron Co.. 416, 11/19/18; umpire's award in Chambersburg, Pa., oases, 371, 3/11/19. with the establishment of an apprentice system, St. Louis Car Co., 4 a, 10/11/18 ; St. Louis Coffin Co., 258, 10/19/18. See also Chambersburg, Pa., cases, 371, 3/11/19: Maryland Pressed Steel Co., 460 sup., 4/9/19; Donnelley & Sons Co., 778, 4/30/19. and with matters not settled in the award. Bridgeport Munition Workers, 132 1 8/28/18, 9/4/18; cases in last note in section on Collective Bargaining; and also B. F. Sturtevant Co., 393, 1/30/19; American Can Co., 694, 2/11/19; Decker & Sons, 235, 2/12/19; Parlin Orendorff, 585, 2/12/19; American Hide & Leather Co., 519, 519 a, 3/5/19; Winslow Bros. Co., 533, 3/5/19; Athenia Steel & Wire Co., 721, 3/5/19; Commercial Telegraphers' Union, 722, 723, 3/5/19; Wii- Hamsport Wire Rope Co., 8/8, 3/5/19 ; Otis Steel Co., 881 a, 3/5/19, North- western Leather Co., 918, 3/5/19; Detroit Forging Co., 365, 3/6/19; Sterling Machine & Stamping Co., 575, 3/12/19; Rockford, 111., cases, 64 KEPORT SECRETARY NATIONAL WAR LABOR BOARD. KOI to 815, 3/12/19; Wisconsin lumber cases, 1000 et seq., 3/12/19; Western Cold Storage Co., 80, 3/20/19 ; MeDonough Packing Co., 81 a, 3/26/19 ; Wink Packing Co., 81 1), 3/26/19 ; E. Godel 4 Sons, 81 c, 3/26/19 ; International Braid Co., 827, 4/9/19 ; Columbus, Ohio, cases, 502, 4/10/19 ; Richmond, Ind., cases, 643, 4/10/19; Rome, N. Y., cases, 941, 4/10/19; Western Chemical Co., 1042, 4/10/19; Lancaster, Pa., cases, 873 to 877, 4/11/19. EXISTING CONDITIONS. In establishments where the union shop exists the same shall con- tinue,, and the union standards as to wages, hours of labor, and other conditions of employment shall be maintained. UNION SHOP TO CONTINUE UNIONIZED. The board has ruled that where a shop had been unionized before the establishment of the board the shop should continue unionized; Gem Metal Products Corp., 591, 12/17/18 ; Meat Cutters of East St. Louis, 111., 829, 3/4/19 ; recommendations in the following cases : Crown Cork & Seal Co., 830, 2/11/19; American Research Glass Co., 878, 3/5/19; Mer- chant Shipbuilding Co., 882, 4/10/19; Minnesota Manufacturing Assn., 497, 4/11/19. See also Hastings & Schoen, 556, 3/6/19. In Little Rock Laundries, 233, 11/19/18, where there had been a closed-shop contract be- tween the union and the employers up to May 1, 1918, but the employers did not want to have any further relations with the union, the board ordered that the form of that agreement should be the form of an agree- ment to be entered into between the same parties except in so far as they might mutually agree to modify it, although the award raised and equalized wages and dealt with sanitary conditions. and that where an employer had recognized some unions and had not recognized others, St. Louis Coffin Co., 258, 11/19/18 ; Corn Products Refining Co., 130, 11/21/18 or where some of the employers who came within an award had .unionized their plants and others had not done so, Award, Machinists, Philadelphia, 400, 12/20/18 ; Findings, Machinists, Phil- adelphia, 400 t 12/20/18. the employers should continue to negotiate with union committees to the same extent as theretofore, although they were not obliged to further unionize their plants. It has even held that where build- ing trade contractors had entered into contracts with the unions under which their employees were not obliged to work with nonunion men, a manufacturing company w T hich knew or should have known of these conditions should not employ its own maintenance men upon construction work for it coincidentally with the contractors' men unless its maintenance men were members of the same unions and received the same wages. Eastman Kodak Co., 677, 1/16/19. See also Omaha Building Trades Coiin- cil, 972, 2/12/19. Where, however, electrical employees of companies which had always maintained closed union shops proposed agreements with the companies which so classified patrolmen as to bind the com- panies to employ only journeymen linemen, whereas other special quali- fications, such as ability to use snowshoes and traverse rough country, were equally important, the board refused to grant the proposed classifi- cation, but recommended that the companies grant the patrolmen union conditions and otherwise treat with them as organized employees: Mon- tana Power Co., 583, 2/13/19. REPORT SECRETARY NATIONAL WAR LABOR BOARD. 65 In other cases, without abrogating contracts between unions and employers, the board has under submission agreements made increases in wages. Indianapolis Painters, 62, 9/27/18; Pressmen's Union of Chicago, 105, 9/27/18; Philadelphia Carpenters arid Joiners, 31 5, 11/19/18; Printers' League, N. Y., 446, 11/19/18; Cincinnati Traction Co., 408, 11/21/18; Pressmen's Union, N. Y., 446 a, 12/6/18; Typographical Union, 446 b, 12/6/18 ; Paper Cutters' Union, 446 c, 12/6/18 ; Bindery Women's Union, 446 d, 12/6/18; Paper Handlers' Union, 446 e, 12/6/18; Press Feeders' Union, 446 f, 12/6/18; N. Y. Photo Engravers' Union, 892, 3/12/19. See also Joplin & Pittsburg Railway Co., 23, 7/31/18; Detroit United Rail- way Co., 32, 7/31/18; Pollak Steel Co., 102, 8/21/18; Philadelphia Painters, 230, 11/19/18; Wilkesbarre cases, 638, 2/20/19; Rochester Founders, Inc., 474, 3/6/19; Municipal Gas Co., 1041, 4/30/19. Where, however, there were contracts between unions and employers, and the employers did not join in the submission, the board has said that it did not feel authorized to modify or annul existing contracts, but it has recommended that conferences be held between representatives of the employers and the unions involved for the adjustment of complaints in the manner provided for in the existing agreements: Commercial Teleg- raphers' Union, 722, 723, 3/5/19; Review Publishing Co., 1052, 3/26/19. See also Roofers' Association of Philadelphia, 1051, 4/29/19. In 1052 the board added, " We believe that due consideration should be given to the abnormal increase in the cost of living during the war period, which con- dition could not have been foreseen at the time of the making of a five- year contract." In establishments where union and nonunion men and women now work together and the employer meets only with employees or repre- sentatives engaged in said establishments, the continuance of such conditions shall not ~be deemed a grievance. This declaration, how- ever, is not intended in any ma.nner to deny the right or discourage the practice of the formation of labor unions or the joining of the same ~by the workers in said establishments, as guaranteed in the last paragraph, nor to prevent the War Labor Board from urging or any umpire from granting, under the machinery herein provided, im- provement of their situation in the matter of wages, hours of labor, or other conditions as shall be found desirable from time to time. Established safeguards and regulations for the protection of the health and safety of workers shall not be relaxed. REPRESENTATION OF WORKERS BY OUTSIDE AGENTS. As a general rule an employer is not obliged to contract with a union or to deal with a representative of the employees who is not himself an employee unless the employer has been so acting before the submission of the controversy to the board. St. Joseph Lead Co., 16, 7/31/18; A. M. Byers Co., 134, 9/13/18; Dayton Street Railway Co., 150, 10/24/18; St. Louis Coffin Co., 258, 11/19/18; Commonwealth Steel Co., 472, 11/19/18; Machinists, Philadelphia, 400, 12/20/18 ; Ohio Electric Railway Co., Lima Interurban Lines, 627, Zanes- ville Lines, 627 a, Springfield Interurban Lines, 627 b, 1/15/19 ; umpire's award in Parsons Co., 831, 4/9/19. See also Detroit United Railway Co., 82, 7/31/18; Columbus Railway, Power & Light Co., 146, 7/31/18; Estate Stove Co., 53, 9/13/18; Columbus Railroad Co., 302, 10/22/18; Georgia Railway & Power Co., 159, 12/5/18; Savannah Electric Co., 748 sup., 1/28/19; Emerson-Brantingham Co., Batavia, 111., 106, 1/29/19; Western Drop Forge Co., 384, 1/29/19; findings in Bridgeport Munition Workers, 132, 8/28/18 ; Hastings & Schoen, 556, 3/6/19 ; Spokane and Inland Em- pire Railroad Co., 503, 3/27/19; Louisville & Northern Railway & Light- ing Co., 555, 4/10/19. 121338 20 5 66 EEPOET SECRETARY NATION AL WAR LABOR BOARD: Umpire Lind decided, however, that, under special circumstances (he refusal to meet a chosen representative of the men who is not ail employee may constitute ti grievance. Niles-Bement-Pond Co., I'laiusiiekl, X. J., 330, 12/9/18. In the case then before him the company had for years dealt with a business agent of the union. In December, 1916", a recently ap- pointed manager refused to deal with that agent but sometime after- wards granted an increase of wages which had been sought. Tho right of the men to be represented by an outsider, therefore, re- mained in abeyance so far as the men were concerned until May, 1918, when the company again refused to deal with that agent. In August, 1918, there was a strike of all but one of the men employed in the plant, which ended on submission to the board. The umpire held that under the circumstances of this case the refusal to deal with tho business agent constituted a grievance. " In an establishment where the practice had been uniform one way or the other, it was quite nat- ural for the board to lay down the riile that the continuance of such practice during the war should not constitute a grievance, but where, as in this case, there had been an apparently arbitrary change, such a change might well constitute a grievance," The company filed a protest to which the umpire made this reply : " As I read and understand the principles formulated by the board it is only iu union shops that the board pledges itself to the maintenance of the con- ditions existing at the thus the principles wore adopted. In other shops, such as this, the board reserved full power and control of all the condi- tions in the shop. It only provided that the refusal of the employer to meet nonemployees as representatives of employees should not constitute a grievance. Whether the employees in this establishment could have* predicated a grievance on the changed attitude of the corporation in this case is really beside the question, for that specific question was by the joint action of the employer and employees submitted to the board and to the umpire as one of the grievances to be passed upon." RECOGNITION OF UNION. The joint chairmen when acting as arbitrators in the Omaha and Council Bluffs Street Railway Co. case 134 sup., 1/3/19. declared that while " the rules of the board permit an employer to insist that in the negotiations between him and his employees he may deal only with his employees, and only with representatives of his employees who are his employees," they do " not prevent his em- ployees through the agency of any union to which they may belong to adopt any method prescribed by the union for the selection of a committee of employees to represent the union men in his em- ploy. * * * The words 6 recognition of the union ' have had an artificial and tin improper meaning given to them by employers. They have been too technical in their treatment of committees of their employees who have come to them to represent their union em- ployees, when they have said to such a committee ' Do you represent the union ' and ' if you do we decline to deal with you.' The ques- tion is not whether they represent the union. The question is whether they, being employees, represent other employees, and if that is tho fact, their" mere refusal to say that they do not represent the union, or their admission that they' do, does not imply a contract dealing I1KPORT SECRETARY NATIONAL, WAll LABOR BOARD. 07 with the union or am r organization in the sen-:e in which the Wai- Labor Board understands the term. We think that due to the prido of the men in their union and organization, and the technical sensi- tiveness of the employer, many troubles have arisen that might have been completely avoided by a clear understanding of the view of the National War Labor Board in this regard." And the board has declared that a company should give to its workers the privilege of dealing with their employers through prop- erly accredited committees and that "the officials of the company should meet with these committees regardless of the fact that they may be elected at meetings of employees who are members of ; union." Recommendations in Louisville Northern Railway & Lighting Co., .55.5, 4/1.0/10: Los Angeles Railway Corporation, 753, 4/10/19; Pacific Electric Railway Co., 2U t , 4/9/19; San Diego Electric Railway Co., .J5, 4/10/19. " In meeting committees of employees so elected the company does not necessarily recognize the union or deal with it as such. What they are dealing with is committees of employees and not with the union." Pacific Electric Railway Co., 214, 4/9/19; Los Angeles Railway Corpora- tion, 7'Jtf, 4/10/10. In these cases the board referred with approval to language used by the joint chairmen as arbitrators in Omaha and Council Bluffs Street. Railway Co., 7J// *H./J., 1/8/19, quoted earlier in this section. See also Sun Diego Electric Railway Co., .'/?, 4/1.1/19. PROTECTING HEALTH AND SAFETY OF WORKERS. In protecting the health and the safety of workers the board has ordered tin electric company to furnish to the workers the necessary rubber appliances to protect them in case of high voltage and to furnish rubber coats and boots to the workers in inclement weather; Northern Indiana' Gas & Electric Co., j, 11/22/18. it has ordered a steel company to furnish rubber clothing to the men when they were engaged in the work of sinking shaft or winze ; Wharton Steel Co., 7.98, 8/14/19. See also Tennessee Copper Co., 1028, 4/10/19; Sinclair Refining Co., 395, 11/20/18. it has declared that safety appliances conforming to recognized State and Federal standards should be maintained, and adequate sanitary and toilet facilities should be provided; Standard Wheel Co., 176, 10/25/18; National Car Coupler Co., 328, 11/19/18 ; Holders, Williamsport, 355, 12/20/18. See also Corn Products Refining Co., 130, 11/21/18. it has ordered that safe and proper sanitary conditions be established and maintained, and reasonable conveniences for the workers be provided ; Little Rock Laundries, 233, 11/9/18. In Tennessee Copper Co., 1028, 4/10/19. there appeared to be great need for improvement in the sani- tary and safety conditions, so that the board recommended the establish- ment of a permanent joint safety committee to consider those conditions. and it has not only decided that a sufficient number of sanitary drinking fountains,* toilets, lockers and bathing facilities should bo 68 REPORT SECRETARY NATIONAL WAR LABOR BOARD. installed in all departments and kept in a clean and sanitary con- dition, National Refining Co., 97, 8/28/18; Sinclair Refining' Co., 395, 11/20/18. but it has ordered that sanitary drinking fountains be installed so that they could be packed with ice from May 15 to October 15 of each year, National Refining Co., 97, 8/28/18. and that ventilators be installed and sufficient heat supplied in the shop in cold weather to make the shop a comfortable and healthful place in which to work. Sinclair Refining Co., 395, 11/20/18. It has carefully provided as to the conditions which should pre- vail in camps and the charges which should be made for board and lodging. Award in Intermonntain Power Co., 440, 11/22/18, provided that company should furnish board and lodging for one dollar per day, and that all meals should be served at camp. In Montana Power Co., 583, 2/13/19, the board allowed the practice of de- ducting one dollar per day from the pay of employees when fed and lodged by the company while away from their home station to continue. It said that the charge seemed moderate, and as the men introduced no evidence in support of their position their claim was denied. In Spokane and Inland Empire Railroad Co., 503, 3/27/19, the board decided that men detailed away from headquarters should receive their board and lodging over and above their regular pay, whether on repair or con- struction work. But it further provided that " Special construction gangs shall be governed as follows: $1.20 per day for each day's work shall be deducted by the company for board and lodging. Board shall be wholesome and sufficient and lodging sanitary. Camps shall be furnished with spring beds or cots, mattresses, pillows, sheets, blankets, pillow cases, and towels. The two latter shall be laundered at least once a week and blankets at least once every two weeks. Cook houses and dining houses shall be screened in fly season. The day shall be 'eight hours, camp to camp, four ways on the company's time, and all meals shall be eaten at the camp." It has established lunch periods of twenty minutes, For employees working underground: Wharton Steel Co., 978, 3/14/19. of thirty minutes, Machinists, Hamilton, Ohio, 978, 4/10/19. Thirty minutes with pay where there are three shifts daily : Corn Products Refining Co., 130, 11/21/18. of forty-five minutes, Philadelphia Railways Co., 442, 10/24/18. and of one hour. Intel-mountain Power Co., 440, 11/22/18. One hour for dinner six days in the week and 30 minutes for supper on Saturday or the day before a holiday : Meat Cutters of East St. Louis, 111., 829, 3/4/19. In two cases the time spent in traveling to and from the meal was to be on the company's time. Intel-mountain Power Co., 440, 11/22/18 ; Spokane and Inland Empire Rail- road Co., 503, 3/27/19. Other questions as to working conditions have been left to negotia- tion between the workers and the management ; Newsprint Paper, 35, 6/27/18; Bethlehem Steel Co 22 .J/31/18; Pollak Steel Co., 102, 8/21/18; Smith & Wesson, 273, 8/21/18; Standard REPORT SECRETARY NATIONAL WAR LABOR BOARD. 69 Wheel Co., 176, 10/25/18 ; Little Rock Laundries, 233, 11/9/18 ; St. Louis Coffin Co., 258, 11/19/18 ; Worthington Pump & Machinery Corp., Cudahy, 163, 12/20/18. "We recommend that the working conditions and sani- tary conditions in the plant be taken up by the shop committee and the mnnngcment, and that the regulations of the State of Colorado be con- formed to : " Western Chemical Co., 1042, 4/10/19. in some instances allowing an appeal to the board in case of dis- agreement ; Smith & Wesson, 273, 8/21/18; Standard Wheel Co., 176, 10/25/18. in other instances directing the examiner Little Rock Laundries, 233, 11/9/18. or the workers St. Louis Coffin Co.. 258, 11/19/18. See also recommendation in Parlin & Orendorff, ,585, 2/12/19. In Coopers, Chicago, 111., 696, 3/4/19, the board recommended that the matter of unsanitary conditions and unguarded machinery be brought to the attention of the State department of labor and tiiu Public Health Office. to appeal to the local authorities if proper sanitary conditions were not established. On the other hand, where the board had granted increases in wages and pay for overtime, it refused to order that free meals be furnished to workers held after regular hours and that there be no penalization of workers in bad weather. Northern Indiana Gas & Electric Co., 45, 11/22/18. ^ WOMEN IN INDUSTRY. // it shall became necessary to em/ploy women on worh ordinarily performed by men, they must be allowed equal pay for equal work and must not be allotted tasks disproportionate to their strength. EQUAL PAY FOR EQUAL WORK. The principle which has just been quoted has been restated by the board in a number of the awards. Newsprint Paper, 35, 6/27/18 ; General Electric Co., Pittsfield, 19, 7/31/18 ; Bethlehem Steel Co., 22, 7/31/18 ; General Electric Co., Schenectady, 127, 7/31/18, st^p., 11/22/18; Bridgeport Munition Workers, 132, 8/28/18; Rhode Island Co., 180, 10/2/18; Boston Elevated Railway Co., 181, 10/2/18; Willys-Overland Co., 95, 10/11/18; Portland Railway, Light & Power Co., 72, 10/24/18; Dayton Street Railway Co., 150, 10/24/18; Kansas City Railways Co., 265, 10/24/18; Standard Wheel Co., 176, 10/25/18; Little Rock Laundries, 233, 11/9/18; St. Louis Car Co., J,a, 11/11/18 ; St. Louis Coffin Co., 258, 11/19/18 ; Detroit United Railway Co., 32 sup., 11/20/18; East St. Louis, Columbia & Waterloo Railway, 175, 11/20/18; Cumberland County Power & Light Co., 1,3%, 11/20/18; Lewis- ton, Augusta & Waterville Street Railway Co., 448, 11/20/18; Corn Products Refining Co., 130, 11/21/18; Auburn and Syracuse Electric Railroad Co., 203, 11/21/18; Syracuse Northern Electric Railway, 246, 11/21/18; Rochester and Syracuse Railroad Co., 278, 11/21/18; Em- pire State Railroad Corporation, 289, 11/21/18; Cincinnati Traction Co., 408, 11/21/18; Buffalo and Lake Erie Traction Co., 628, 12/5/18; Worthington Pump & Machinery Corporation, Cudahy, 163, 12/20/18; Ohio Electric Railway Co., Lima Interurban Lines, 627, Springfield Interurban Lines, 6271), Newark Lines, 627c, 1/15/19; Boston & Worcester Street Railway Co., 851, 1/15/19; B. F. Sturtevant Co., 393, 1/30/19 ; Midvale Steel & Ordnance Co., 129, 2/11/19 ; 70 REPORT SECRETARY NATIONAL WAR LABOR BOARD. Madison Machinists, J.OJ, 2/18/19: Meat Cutlers, East Si. Louis, III.,' 829, 3/4/19; Walworth Manufacturing Co., 27 j, 3/6/19; Chambersburg, Pa., cases, 371, 3/11/19; Matthews Engineering Co v 542, 542a, 3/27/19. See also New York Central Iron Works Co., Hagerstown, ;-?,07, 9/26/18; Coopers, Chicago, 111., 696 to 701, 3/4/19; Midwest Engine Co., 562 a, 3/26/19 ; Vim Motor Co., 853, 4/9/19 ; Machine Companies of Columbus, Ohio, 502, 4/10/19 ; Richmond, Ind., cases, 6.' f 3, 4/10/19 ; Western Chemical Co., 1042, 4/10/19; Minneapolis Steel & Machinery Co., .Jo 1 , 4/11/19. In some of these cases the board has established lower minimum wages for women than were established for men ; General Electric Co., Pittsfield, 19, 7/31/18 : Bridgeport Munition Workers, 132, 8/28/18; AVillys-Overland Co., ,9,7. 10/11/18; St. Louis Car Co., 4 a, 11/11/18; Pittsfield Machine & Tool Co., &?7, 11/21/18; Matthews Engi- neering Co., 542, 542ft, 3/27/19. And see decisions on appeal i>om examiner in Boston Elevated Railway Co., 181, 12/5/1S. but it did not thereby consent to the paying of lower wages to women than were paid to men for the same work. The board has also decided that colored women should receive pay equal to that received by white women for equal work. Little Rock Laundries, 233, 11/9/18. EMPLOYMENT OF WOMEN AS CONDUCTORS. The employment of women as conductors was considered by the joint chairmen as arbitrators in July, 1918, in the Detroit United Railway Co. case. 32, 7/31/18. While there was a closed-shop contract between the company and the union, the parties agreed that there should be no discrimination against women or colored men if the necessity for their employment should arise, this agreement was incorporated in the award, and under it a number of women were employed as conductors. After the signing of the armistice the union protested against the continued employment of the women upon the ground that their services were no longer necessary, and the controversy was brought before the joint chairmen as arbitrators. Detroit United Railway Co., 444, 1/18/19. They pointed out that "This case does not involve the general question of the right of women to pursue, as a livelihood, any em- ployment which they desire. It arises under closed-shop restrictions which, under our principles, during the war, we are required to maintain. The issue, therefore, is one of the interpretation of the contract and the determination of fact to which the contract applies.'' They found that it was not necessary for the company to employ any more women as conductors and that no more women, except those who had already qualified for employment, should be taken into its service. " The further issue arises whether we should say to the company, under the contract and circumstances, that it is its duty to discharge the women now in its employ. We find no such express limitation upon the employment of women in the contract. And we feel that without such express provision equity and fair dealing toward the women who have prepared themselves for this employment, changed their residence in order to meet the requirements of the employment, REPORT SECRETARY NATIONAL WAR LABOR BOARD. 71 and who doubtless in many instances have come to be dependent on the. income received from the employment, require us to hold that no such implication arises from the wording used and that the union must be content with the continued employment of the women " whose cases were under consideration. In the Cleveland Railway Co. case, 191, 3/17/19. where the company had recently discharged its women conductors although it could have found use for their services, the board ap- proved: the decision in the Detroit case and declared that on the basis of that decision the women should be reinstated. While the employment of women was limited by contract in the Detroit case, there was no such limitation in the Cleveland case. HOURS OF LABOR. The basic eight-hour day is recognized a$ applying in all cases in 'irhtch existing law requires it. In all other cases the question of hours of labor shall be settled with due regard to governmental neces- sities and the welfare, health, and proper comfort of the workers. I. INDUSTRIAL CASES. NO GENERAL RULE ESTABLISHED. Wliile the board has announced that it had under consideration the matter of the determination of the proper working day, " The board hereby announces that it lias under consideration the matter of the determination of the proper working day and that the decision here made may be subject to modification when and as the board comes to a determination in that regard : " WortMngton Pump & Machinery Cor- poration, East Cambridge, U^ 7/11/18; Waynesboro cases, J f O, 7/11/18. See also Pollak Steel Co., 102, 8/21/18. it has not yet established any rule as to hours which is of uniform application. Upon several occasions differences of opinion in the board resulted in the submission of the question of hours to umpires. The umpires usually have awarded the basic eight-hour day, although one umpire awarded the actual eight-hour day and other umpires regarded it as desirable in most cases. There are two awards of longer basic days. The board at one time rendered several decisions in favor of a basic 48-hour week with a guarantee of a minimum number of hours of employment and provision against excessive overtime. More fre- quently it has awarded the basic eight-hour clay, either stating rea- sons applicable to the particular cases under consideration or refrain- ing from any statement of reasons. In other cases it has decreed a nine-hour day, because the men had asked for it or because the parties had agreed upon it; it has refrained from changing the hours even where the men were working more than eight hours a day; and it has provided for collective bargaining between the parties and left the question of hours to collective bargaining. There are also a few exceptional cases which will be noted later. 72 REPORT SECRETARY NATIONAL WAR LABOR BOARD. EIGHT-HOUR DAY USUALLY AWARDED BY UMPIRES. In several cases the board, being unable to reach, a decision, com- mitted the question to an umpire. The decision in these cases was usually in favor of the basic eight-hour day or in favor of the actual eight-hour clay, although in two instances other awards were made. Umpire Eidlitz awarded the eight-hour day, with such discvission and such provisions for overtime that it seems clear that the basic eight-hour day was intended. Bridgeport Munition Workers', 132, 8/28/18. Umpire Clark awarded that there should be an actual eight -hour day, that overtime should not be worked except in case of an emer- gency, and that nothing should be held to be an emergency unless so declared by three votes on a joint board to consist of two members representing the employers and two members representing the em- ployees. Wheeling. Holders, 37 6, 9/16/18. Umpire Ford was asked simply whether or not the machinists should be granted a basic eight-hour day with higher rates for over- time. He replied in the affirmative, but added that very few emer- gencies justified the practice of exceeding eight working hours, and urged adherence to the actual eight-hour day. Wheeling Machinists, 37 a, 10/30/18. These three cases were the only ones involving hours of labor w r hich were decided by umpires before the signing of the armistice. But umpires have been called upon to decide several such controver- sies since November 11. In the case of the Iron Molders of Elizabeth, N. J., 160, 12/17/18. the hearing before Umpire Mack was on December 7 and the award was to be effective only until December 31. The award was expressly based solely upon conditions as they existed at that particular time. The umpire said that the demand for the eight-hour day was fully jus- tified and that there was abundant reason to believe that in the long run a change in the actual working day from nine to eight hours would not lessen production, but that under the particular conditions existing at the time of the award he did not feel able to go further than to award the basic eight-hour day. He declared that the work- ing of overtime should be regarded as an abnormal condition, but allowed such work if paid for at overtime rates. Umpire Mack also decided the case of the Molders of Warren, Ohio. 437, 1/8/19. At the hearing the men had asked for the actual, not the basic, eight-hour day. The umpire said, u If the award had been made at that time, this request might well have been granted, with proper provisions for overtime only in emergency, to be determined by the parties jointly. For the brief remaining period, such provisions are not essential." EEPORT SECRETARY NATIONAL WAR LABOR BOARD. 73 1 Umpire McChord awarded the basic eight-hour day to the Ma- chinists of Madison, Wis., 195, 2/8/19. and in the Chambersburg, Pa., cases. 371, 3/11/19. Umpire Macy in the New York Harbor case 10, 2/25/19. awarded the basic eight-hour day to some workers and the basic 48- hour week to other workers, while as to a third class of emploj^ees he decided that the hours should remain unchanged until after an inves- tigation and a decision by a commission which was provided for in the award. In the case of the third class of men, he declared that it was possible that the peculiar nature of the work done by them re- quired longer days from them than were required of other classes of workers ; but, at the same time, he declared that men who were regu- larly employed for long days should receive a greater rate of com- pensation than would be the case if their days were shorter. " Some industries in their operation have inherent disadvantages, such as unusual danger to life and limb. In such industries it is recognized that the workers should be compensated for this risk. * * * Excessive hours are as dangerous to good citizenship as are noxious fumes to the health of the workers. There may be certain occupations in which the straight eight-hour day is inherently impossible; if so, the basic eight- hour day should be the standard and the pay for overtime regarded as a legitimate expense and a just charge to be borne by the public. It would seem, therefore, that the burden of proof thr.t an eight-hour day is im- possible in an industry lies on those who deny its practicability as well as upon those who request its installation. The workers in a dangerous occupation or in one requiring undue hours should not be compelled to carry the burden alone. * * A wage scale with punitive overtime provisions can not be determined with justice to the workers or to the public without a real knowledge of the conditions of the industry, and the number of hours required to do the necessary tasks. There is noth- ing gained by limiting the working day without a punitive provision for overtime. On the other hand, in fixing the basic working day and scale, it is necessary to know approximately whether overtime will be the ex- ception or the rule. If it is known beforehand that overtime will of necessity be the, normal condition, then the punitive provision for over- time is merely another method of securing a higher wage scale in com- pensation for excessive hours and loses its punitive purpose. Such a con- dition requires special regulations for overtime work. * * * Because 12 hours has been the custom is no reason why, with careful investiga- tion of the facts, a lesser number of hours might not be discovered to be advantageous and desirable. Any industry that requires a working day of 10 and 12 hours must show affirmatively the necessity for the con- tinuance of such hours. The commerce of the port of New York is too important to the city and nation to warrant any arbiter in hastily reducing the working day from 10 or 12 hours to 8 without having be- fore him the full facts as to the probable result of such a change. As above stated, the necessary information is at present entirely lacking." The appointment of a conimission was, therefore, recommended. Umpire "Willcox awarded a nine-hour work day to the molders the Parsons Co., Newton, Iowa, 83L 4/9/19. upon the ground that the eight-hour day appeared to be impracticable in the particular plant involved because it would cut down the num- ber of pourings from four to three. 74 REPORT SECRETARY NATIONAL WAR LABOR BOARD. DECISIONS OF BOARD IN FAVOR OF 48-HOUR WEEK. The board itself has awarded a 48 -lion r week in several cases, most of which were decided in October, 1918. It has said : " The regular working time of each full week shall consist of 48 hours, divided into six daily periods of 8 hours. All time worked in excess of 8 hours within any one day, or 48 hours within any 0110 full week, shall be considered overtime and shall be paid for at tho rate of time and a half, but any time worked on Sundays or holi- days shall be considered extra time and shall be paid for at the rate of double time. " By mutual agreement between the management and the workers the daily working schedule may be so lengthened as to permit of a half holiday on one day of each week "It is further provided that no worker shall be entitled to pay- ment for overtime or extra time unless he shall work 48 hours in said full week (or 40 hours when a holiday intervenes), except in the case of illness, accident, misfortune, or other just and necessary cause.*' Mason Machine Works, 1.11, 10/9/18; United Engineering & Foundry Co., 157, 10/9/18 ; St. Louis Car Co., J t , 10/11/18 ; Standard Wheel Co., 176, 10/11/18; Saginaw Machinists, 1J7, 10/25/18; Gem Metal Products Corp., 591, 12/17/18; Walworth Manufacturing Co., 27'/, 3/6/19; Aineri- - can Locomotive Co., Schenectady, 61, 10/9/18, in the last of which, by agreement between the parties, all but the first two paragraphs were subsequently stricken out. The language quoted, with the exception of the last sentence, was used in B. F. Sturtevant Co., 393, 1/30/19. In each of these awards there are other provisions which guarantee a minimum number of hours of work each week to each worker who is employed on the first day of the week. See section on Guarantee of Minimum Number of Hours (p. 84). which guard against excessive overtime work, See section on Provisions Against Excessive Overtime (p. 83). and which establish a committee system for carrying the provisions as to hours into effect. The board has also awarded u 48 -hour week in other cases in which the right to overtime pay does not seem to be based upon the weekly record. In Pressmen's Union of Chicago, 105, 9/27/18, the board announced briefly that "The hours of night workers shall be 48 per week as at present/' But in that case the pressmen's contract provided for eight hours work with higher pay for overtime and the union was asking for a reduction from 48 to 45 hours a week for all night workers. The case, therefore, is not to be regarded as substituting a 48-hour week for an 8-hour day. In American Locomotive Works, Patersou, 338, 11/20/18, where the men wanted a Saturday half-holiday, the board awarded a 48-hour week, leaving the number of hours to be worked each day to the company and a committee representing the employees. The men who were asking for this award declared at the hearing that under it overtime should be paid for time worked beyond the daily schedule of hours. In Worthington Pump & Machinery Corporation, Cudahy, .163, 12/20/18, the board decided that "the number of working hours shall bo the same as at present, namely 48 hours per week." But in that case there were basic days of 8 hours and 40 minutes for five days in the week and 4 hours and 40 minutes for Saturday, and overtime was paid for all time worked after this period each day. KEPOBT SECRETARY NATIONAL WAR LABOR BOARD. 75 III United Textile Workers, 1.123, 4/10/19, the controversy was .simply as to the total number of hours to be worked per week. There was no in- timation that overtime pay should be based on the weekly record. DECISIONS OF BOARD IN FAVOR OF BASIC EIGHT-HOUR DAY. The board lias made several ji wards and recommendations in favor of the basic eight-hour day. In the first of the awards the decision was based upon the urgent need of uninterrupted production in the plants of the company involved. Worthington Pump & Machinery Corporation, East Cambridge, Mass., Buffalo, N. Y., 14, 7/31/18. In other cases, as pointed out in the awards, the decisions were based upon agreements between the employers and the employees, Sinclair Refining Co., S.9J, 12/12/18; Decker & Sons, 235, 2/12/19; Port- land Railway, Light & Power Co., 567, 2/19/19; Wilkesbarre cases, 638, 2/20/19. This was true of Corn Products Refining Co., 130, 11/21/18, although, not so stated in the award. See also Eastern Steel Co., 418, 1/15/10; American Clay Machinery Co., 879, 1/15/19; American and British Manufacturing Co., 594, 2/12/19. In Matthews Engineering Co., 5.'}2, 3/27/19, the hoard decided that the basic eight-hour day with five hours on Saturday, to which the parties had agreed, should be continued under the award; and in Patternmakers, Columbus, Ohio, 670, 671, 3/26/19, it recommended that the basic eight-hour day with four hours on Saturday, to which the parties had agreed, should be continued. upon the custom of the plant, Holders, Ridgway, Pa., 349, 12/20/18; recommendations in Crown Cork & Seal Co., 830, 2/11/19; Blake-Knowles Pump Works, East Cambridge, Mass., 642, 4/9/19; Tennessee Copper Co., 1028, 4/10/19; ,T. A. McNulty, 261, 4/11/19; Minneapolis Gas Light Co., 473, 4/11/19; Minnesota Flour Mills, 48*., 4/11/19; St. Paul Foundry Co., 570, 4/11/19; American Hoist & Derrick Co., 511, 4/11/19; Standard Conveyor Co., 990, 4/29/19. It appears from the records that the awards in National Refining Co., 97, 8/28/18; Midvale Steel & Ordnance Co., 129, 2/11/19, also were based upon custom existing in those plants. The board declared in award in Machinists, Philadelphia, 400, 12/20/18, and recommendations in Midwest Engine Co., 562 a, 3/26/19; Tim Motor Co., 853, 4/9/19, that existing hours should continue until changed by agreement. The eight-hour basic day seems to have been the rule in the plants involved in 400, except that the night workers in one plant worked 12 hours 5 nights per week. In 562 a the employees were on an eight-hour basic day. In 8.13 they worked 45 hours a week, with time and a half for overtime. or upon the custom of similar plants in the localities in which the plants were situated. Molders, Ridgway, Pa., 849, 12/20/18; recommendations in Bethlehem Steel Co., Lebanon, 419, 1/15/19 ; Lebanon Valley Iron Co., 420, 1/15/19 Burden Iron & Steel Co., 421, 1/15/19; Cohoes Rolling Mill Co., 422, 1/15/19; Milton Manufacturing Co., 422 a, 1/15/19; Pennsylvania Iron & Steel Co., 422 6, 1/15/19; Carpenter Steel Co., 913, 2/12/19. See also, under Custom of Localities, section on Hours and Working Con- ditions (p. 89). In still other cases the awards themselves do not show the reasons for the decisions. Coal Dock Operators, 201, 10/24/18; National Car Coupler Co., 328, 11/19/18; Reading Iron Co., 416, 11/19/18; Intel-mountain Power Co., 440, 11/28/18; A. H. Petersen Manufacturing Co., 320, 3/14/19; Pollak Steel Co., 102 sup., 3/29/19. See also award by joint chairmen as arbi- trators in Sloss-Sheffield Steel & Iron Co., 1'2, 7/31/18. 76 REPORT SECRETARY NATIONAL WAR LABOR BOARD. In a case involving a number of plants in which the employers and employees had agreed upon the eight-hour day, the board decided that the managers and workers in each plant might by mutual agree- ment so lengthen the daily working schedule as to permit of a Sat- urday half-holiday. Metal Trades of Denver, 178, 10/25/18. See also Molders, Ridgway, Pa., 349 f 12/20/18; Wilkesbarre cases, 63S, 2/20/19. OTHER AWARDS ON HOURS. The controversy as to hours in the case of the Machinists of Ham- ilton, Ohio, 978, 4/10/19. arose after the signing of the armistice. The men were working upon the basic eight-hour day, with the option of leaving work at the end of eight hours but with the schedules so arranged as to leave a two-hour interval between the day and night shifts, the company encouraging the men to work overtime. The employees demanded a 45-hour week of actual time, with the schedule so arranged that an evening shift should begin work as soon as the day shift had completed eight hours. The board ordered the establishment of the schedule which the men had demanded; but the award also con- tained provisions for overtime pay. In Newsprint Paper, 35, 6/27/18. while the board awarded the basic eight-hour day to all employees working inside the mills and to mechanics and repair men, it awarded a basic nine-hour day to all employees who worked regularly outside the mills. And in General Electric Co., Schenectady, 127, 7/31/18, award by joint chairmen as arbitrators, followed by board in General Electric Co., Lynn, 231, 10/24/18.' where the women were working only 48 J hours per week and the men only 50 hours, the request for a 48-hour week was not granted because of the difficulty of adjusting the wage scale to such small changes in hours. When it was subsequently shown that the night shift at the Schenectady plant was working 55 hours per week, those hours were reduced to 50 per week. 127 sup., 11/22/18. In other cases basic nine-hour days have been awarded when the men had asked for them, Holders, Williainsport, 855, 12/20/18. They had subsequently attempted to amend the joint submission into a submission of a claim for a basic eight- hour day, but the employers refused to consent to the amendment and the board therefore refused to consider any modification of the original , claim. The award provides, " By mutual agreement between the manage- ment and the workers the daily working schedule may be so lengthened as to permit of a half-holiday on one day of each week." or when both sides had agreed to such a day. Nine hours six days in the week: New York Central Iron Works Co., Hagerstown, 297, 9/26/18. Nine hours for five days with a five-hour Saturday : St. Louis Coffin Co., 258, 11/19/18; Baker Manufacturing Co., 335, 2/19/19. In 335 night men were given ten hours five nights per week. REPORT SECRETARY NATIONAL WAR LABOR BOARD. 77 In Coal Dealers, Lynn, 774, 4/11/19, where the agreement between the dealers and the teamsters provided for a workday of nine hours except on Saturday, the umpire decided that teamsters should clean and harness horses on company time instead of being obliged to do it on their own time. The board has also at times refrained from changing the hours even where the men were working more than eight hours per day ; In Waynosboro cases, S/0, 7/11/18, the men worked ten hours on five dnys, with a five-hour Saturday. They asked for nine hours the first five days, with five hours on Saturday. The board did not change the number of hours but announced that " it has under consideration the matter of the determination of the proper working day and that the decision here made may be subject to modification when and as the board comes to a determination in that regard." The award provides, however, that in case of depression, hours, should be reduced before men were laid off. In Pollak Steel Co., 102, 8/21/18, some of the day men were working ten hours, while the night men were working 12 hours five nights a week. The request was for an eight-hour day. The Section was unable to agree upon the question of hours and said that the workday which was in effect might be modified when the board reached a decision as to the proper length of the working day. The board subsequently, 102 sup., 3/29/19, established the basic eight-hour day. In Union Carbide Co., 114, 1/15/19, the men asked for an eight-hour day. About 55 per cent of the employees were on 8-hour shifts and 45 per cent were on a 60-hour week, reduced to a 55-hour week by an attendance bonus which gave to the punctual employees a Saturday afternoon holi- day with pay. The board decided that the hours of labor should " con- tinue as at ^present " but that the attendance bonus might be discon- tinued. The employers had said that the 10-hour day was usual in the section. In American Locomotive Co., Richmond, 739, 1/29/19, the men sought a week of eight hours on five days and a five-hour Saturday. They were awarded nine hours on five days and a five-hour Saturday. The night force was to work eleven and a half hours five nights, with no work on Saturday. These hours were awarded because observed in a nearby plant of the same company. In Baker Manufacturing Co., 335 a, 2/19/19, where men who were work- ing on a nine-hour day asked for an eight-hour day, the board decreed that " The hours shall remain as heretofore." In Detroit Forging Co., 365, 3/6/19, which was not a joint submission case, the men were working ten hours for five days and five hours on Saturday. They asked for a basic eight-hour day. The Section was un- able to agree on the question of hours. Its report w r as approved by the board. In Westfield Manufacturing Co., 968, 4/11/19, which was jointly submitted after the signing of the armistice, the men asked for the basic eight- hour day. The company produced testimony that the hours of labor of its competitors throughout the country, and of the leading manufacturers of other articles in the same town, were not less than nine. The board denied the request for the basic eight-hour day, but recommended that the company confer with the committee of employees upon the daily schedule of hours. and it has refused to award a 44-hour week ra inters, Philadelphia, 230, 11/19/18. In Northern Indiana Gas & Electric Co., 45, 11/22/18, where the men were working 8 hours on five days and 4J hours on Saturday and sought a 44-hour week, the board declined to change the hours. except where it was in effect under an agreement. This was the case of men engaged in outside work in Painters, Philadelphia, 230, 11/19/18. See also Patternmakers, Columbus, Ohio, 670, 671, 3/26/19, where the basic eight-hour day with a four-hour Saturday was in effect under an agreement, and Matthews Engineering Co., 542, 3/27/19, where the basic eight-hour day with a five-hour Saturday was in effect under an agreement. 78 REPORT SECRETARY tfATKXSAL WAI? LABOR BOARD. The award in Corn Products Refining Co., 130, 11/21/18. however, provides that i; Those operations which are continuous during the 24 hours shall be conducted by three shifts of eight hours each,'" and that u Where the operation is necessarily and generally carried on for seven days in the week, it is imperative that provision should be made for relief gangs so that the employees in such opera- tions may be relieved from duty on some day of the week." In Williamsport Wire Rope Co., 818, 3/5/19. where the men were working 5TJ hours per week and the night men 57-J hours, the board declared that the hours were excessive, that they retarded rather than enhanced the efficiency of the employees, and that they should be reduced. In Meat Cutters of East St. Louis, 111., 820, 3/4/19. the employees asked for nine hours on five days and eleven hours on Saturday and the day before a holiday, and the board granted this request, although it did not restrict the hours between which the work should be done as closely as the employees desired. At other times the board has left the question of hours to commit- tees representing the workers and the employers. Under Right to Organize see section on Duties of Committees (p. 61). The board made this recommendation in Machine Companies of Columbus, Ohio, 502, 4/10/19: the committees and the companies should arrange the question of hours upon a mutually satisfactory basis, but not over nine hours per day, arranging for a Saturday half-holiday if practicable ; in cases where the shorter workday is now in effect the length of such workday should not be increased except with the full consent of the employees. DESIGNATION OF HOURS OF WORK. Some of the decisions designate the hours between which work shall be done ; Newsprint Paper, 35, 6/27/18 ; National Refining Co., 97, 8/28/18 ; Meat Cut- tors of East St. Louis, 111., 8.2.9, 3/4/19; Machinists of Hamilton, Ohio, 978, 4/10/19. See also Corn Products Refining Co., 130, 11/21/18 ; Port- land (Oreg.) Railway, Light and Power Co., 567, 2/19/19. In Inter- mountain Power Co., WO, 11/22/18, the award reads, " Eight hours, be- tween the hours of 8 a. in. and 5 p. m., shall constitute a day's work. The men shall go to and from their work on their own time; provide 1 however, that such time going to and from work shall not exceed one- half hour per day. One hour for dinner, between the hours of 12 m. and 1 p. m., shall be allowed, and time traveling to and from dinner shall be on the company's time." and others make provision for a luncheon period. See section on Protecting Health and Safety of Workers (p. G7) and also Intel-mountain Power Co., quoted in preceding note. The board has also declared that by mutual agreement between the management and the workers the daily working schedule may be so lengthened as to permit of a half-holiday on one day of each week. American Locomotive Co., Schenectady, 61, 10/9/18; Mason Machine Works. Ill, 10/9/18 ; United Engineering & Foundry Co., 137, 10/9/18 ; St. Louis IIKPOET SECRETARY XATTOE'AL, WAR LABOR BOARD. 79 Car Co., 4 a, 10/11/18; Standard Wheel Co., IT 6, 10, 11/18; Saguiaw Ma- chinists, 1 W, 10/25/18 ; Metal Trades of Denver, 118, 10/25/18 ; American Locomotive Works, Paterson, 338, 11/20/18; Gem Metal Products Corp., 591, 12/17/18; Holders, Kidgway, 3j9, 12/20/18; Holders, Williamsport, $55, 12/20/18; B. F. Stnrtevant Co., 393, 1/80/19; Wharton Steel Co., 798, 3/14/19. SUNDAYS AND HOLIDAYS. Several awards declare that the holidays shall be those which tiro recognized by State law; Waynesboro cases, .}0, 7/11/18; Wortliington Pump & Machinery Corpora- tion, Cudahy, 163, 12/20/18; Madison Machinists, 195, 2/18/19; A. II. Peterseii Manufacturing Co., 320, 3/14/19. other awards, with or without agreement between the parties, desig- nate the days which shall be treated as holidays ; Four days named : the holidays may be changed by mutual consent of em- ployer and employees in each mill; 36 hours allowed for Christmas holi- day only : Newsprint Paper, 35, 6/27/18 ; eight days named : National Refining Co., 97, 8/28/18 ; seven days and Sundays : Sinclair Kenning Co., 395, 11/20/18; six days; Corn Products Refining Co., 130, 11/21/18; Molders, Williamsport, 355, 12/20/18; Decker & Sons, 235, 2/12/19; five days : umpire's award in New York Harbor case, 10, 2/25/19. The follow- ing awards were declared to be by agreement between the parties: eight days; New York Central Iron Works Co., Hagerstown, 2.97, 9/26/18; six days : St. Louis Car Co., // a, 10/11/18. while still other awards leave the question to committees representing the management and the workers. Bethlehem Steel Co., ;?.?, 7/31/18; Bridgeport Munition Workers, 132, 8/28/18. In the Corn Products case 130, 11/21/18. it is provided that " There shall be no work on Labor Day with the exception of the fire protection force required by lav/ and double time shall be paid that force." In the case of the National Refining Co. 97, 8/28/18. the board decided that " Men engaged for regular shift work which the necessities of the industry require to be done seven days per week shall receive overtime pay only for hours worked in excess of eight hours, that is. for these men, Sundays and holidays shall be consid- ered as regular working days so far as overtime is concerned." But it will be remembered that in the Corn Products award, 130, 11/21/18; on this portion of the award the parties were in accord, which was handed down three months later, the board declared that :i Where the operation is necessarily and generally carried on for seven days in the week, it is imperative that provision should be made for relief gangs so that the employees in such operations may be relieved from duty on some day of the week." That award pro- vided that " in continuous operations double time shall^ not apply to Sunday work where one day off is given in seven." To the same effect was the award in Reading Iron Co., !,1G, 11/19/18. 80 EEPORT SECRETARY NATIONAL WAR LABOR BOARD. followed by recommendations in a number of other cases, Bethlehem Steel Co., Lebanon, 419, 1/15/19; Lebanon Valley Iron Co., 420, 1/15/19 ; Burden Iron & Steel Co., 421, 1/15/19 ; Cohoes Rolling Mill Co., 422, 1/15/19; Milton Manufacturing Co., 422 a, 1/15/19; Pennsyl- vania Iron & Steel Co.. 422 b, 1/15/19. See also recommendation in Tennessee Copper Co., 1028, 4/10/19. that " the double time for Sunday work will not apply to blast fur- naces nor in continuous operations where the employees have one day off in seven." And in Decker & Sons, 235, 2/12/19. while the board awarded double time for Sunday work, it declared that " Where the operation is necessarily and generally carried on for seven days of the week, provision may be made by relief gangs or otherwise, so that the employees in such operations may be re- lieved from dut}^ on some day of the week, and in case of such re- lief on any other day of the week, double time shall not be allowed for work on Sunday of such week." See also umpire's award in New York Harbor case, 10, 2/25/19; recom- mendations in Carpenter Steel Co., 913, 2/12/19; and Athenia Steel & Wire Co., 721, 3/5 '19; and agreement in Portland Railway, Light & Power Co., 567, 2/19/19. On the other hand, in Wharton Steel Co. 708, 3/14/19, after declaring that at the furnaces 8 hours in any one 24-hour period, including Sundays, should constitute a day's work, the award simply recommended that when labor was available in suffi- cient quantities arrangements should be made so that each man might have one day in seven for rest. PAYMENT FOR OVERTIME. The board does not follow an invariable rule in fixing the pay- ment for overtime work, although the decisions are fairly uniform. While it has often decided that time and a half should be paid for all overtime, Newsprint Paper, 35. 6/27/18; Waynesboro cases, .}0, 7/11/18; General Electric Co., Pittslield, 19. 7/31/18; Bethlehem Steel Co., 22, 7/31/18; Bridgeport Munition Workers, 132, 8/28/18; Wheeling Holders, 37b, 9/16/18; American Locomotive Co., Schenectady, 61. 10/9/18; Mason Machine W T orks, 111, 10/9/18; United Engineering Foundry Co., 157, 10/9/18; St. Louis Car Co., J,a, 10/11/18; Standard Wheel Co., 176, 10/11/18; Coal Dock Operators. 201, 10/24/18; Saginaw Machinists, 147, 10/25/18; Wheeling Machinists, 37a, 10/30/18; St. Louis Coffin Co., 258, 11/19/18; National Car Coupler Co., 328, 11/19/18; Reading Iron Co., J t 16, 11/19/18 ; General Electric Co., Schenectady, 127 sup., 11/22/18 ; Intel-mountain Power Co., 440, 11/22/18; Iron Holders, Elizabeth, 160, 12/17/18; Gem Metal Products Corporation, 591. 12/17/18; Worthington Pump & Machinery Corporation, Cudahy, 163, 12/20/18 ; Holders, Ridgway, .l'/.9, 12/20/18; Holders, Williamsport, 355, 12/20/18; Holders, Warren, Ohio, 457, 1/8/19: Midvale Steel & Ordnance Co., 129, 2/11/19; Madison Machinists, 195, 2/18/10: Baker Manufacturing Co., 335, 335a, 2/19/19; Wilkesbarre, Pa., cases. 638, 2/20/19; umpire's award in New York Har- bor case, 10, 2/25/19; umpire's award in Chnmbersburg, Pa., cases, 371, 3/11/19- A H IVtt-rsen Manufacturing Co.. 320. 3/14/19: Chicago Brush Manufacturing Co., 754, 3/26/19; Pollak Steel Co., 102 sup., 3/29/19; Machinists, Hamilton, Ohio, y them either directly or indirectly for the Government or for private parties, they should in fairness to their employees, compensate said em- ployees on the same basis for the period during which the companies received such overtime payment for their work :" Columbus, Ohio, cases, 502, 4/10/19; Rome, N. Y., cases, 941, 4/10/19; Steacy-Sehmidt Manufacturing Co., 454, 4/11/19; Lancaster, Pa., cases, 873, 4/11/19. with double time for work on Sundays and holidays, Waynesboro cases, 40, 7/11/18; Sloss-Sheffield Steel & Iron Co., 12, 7/31/18; St. Joseph Lead Co., 16, 7/31/18; Bethlehem Steel Co., 22, 7/31/18; Bridgeport Munition Workers, 132, 8/28/18; Wheeling Molders, '.31b, 9/16/18 ; American Locomotive Co., Schenectady, 61, 10/9/18 ; Mason Ma- chine Works, 111, 10/9/18; United Engineering & Foundry Co., 157, 10/9/18; St. Louis Car Co., 4 a, 10/11/18; Standard Wheel Co., 176, 10/11/18; Coal Dock Operators, 201, 10/24/18; Saginaw Machinists, 147, 10/25/18; Wheeling Machinists, 31 a, 10/30/18; St. Louis Coffin Co., 258, 11/19/18; National Car Coupler Co., 328, 11/19/18; Reading Iron Co., 416, 11/19/18; Intel-mountain Power Co., 440, 11/12/18; Iron Molders, Elizabeth, 160, 12/17/18; Gem Metal Products Corporation, 591, 12/17/18; Worthington Pump & Machinery Corporation, Cudahy, 163, 12/20/18; Molders, Ridgway, 349, 12/20/18; Molders, Williamsport, 355, 12/20/18; Molders, Warren, Ohio, 437, 1/8/19; Midvale Steel & Ordnance Co., 129, 2/11/19 ; Decker & Sons, 235, 2/12/19 ; Madison Machinists, 195, 2/18/19; Baker Manufacturing Co., '835, 2/1 9/19 ;Wilkesbarre, Pa., cases, 638, 2/20/19; A. H. Petersen Manufacturing Co., 320, 3/14/19; Pollak Steel Co., 102 sup., 3/29/19; Machinists, Hamilton, Ohio, 978, 4/10/19; Westfield Manufacturing Co., .968, 4/11/19. See also umpire's award in New York Harbor case, 10, 2/25/19; Sinclair Refining Co., 395, 11/20/18; Emerson-Brantingham Co., Batavia, 111., 106, 1/29/19; Crown Cork & Seal Co., 830, 2/11/19; American British Manufacturing Co., 594, 2/12/19; Carpenter Steel Co., 913, 2/12/19; Baker Manufacturing Co., 835 a, 2/19/19; Avis Manufacturing Co., 614, 3/5/19; Detroit Forging Co., 365, 3/6/19 ; Maryland Pressed Steel Car Co., 460, 4/9/19 ; Machine com- panies of Columbus, Ohio, 502, 4/10/19; Rome, N. Y., cases, 941, 4/10/19; Tennessee Copper Co., 1028, 4/10/19: Western Chemical Co., 1042, 4/10/19 ; Minneapolis Steel & Machinery Co., 46, 4/11/19 ; J. A. McNulty, 261, 4/11/19; Steacy-Sehmidt Manufacturing Co., .'/J//, 4/11/19; Minne- sota Flour Mills, 482, 4/11/19; St. Paul Foundry Co., 570, 4/11/19; American Hoist & Derrick Co., 511, 4/11/19; Lancaster, Pa., cases, 873 to 877, 4/11/19 ; Northern Cooperage Co., 981 t 4/29/19 ; and recommenda- tions in Nos. 419, 4210, 421, 422, 422a, 422b, rolling-mill cases, decided 1/15/19. Compare Athenia Steel & Wire Co., T21, 3/5/19. it has also awarded double time for work on Saturday afternoons, St. Louis Coffin Co., 258, 11/19/18. See also recommendation as to car- penters in Building Trades of San Antonio, Tex., 216, 1/30/19. and for some work late at night by those who are not night-shift men. 12133S 20 6 82 DEPORT SECRETARY NATION AL WAll LABOR BOARD. In National Refining- Co., 07, 8/28/13, it provided that "For each call to fight fire at night the workers shall be paid for two and a half hours at least, at double time." In American and British Manufacturing Co., 594, 2/12/19, which was not a joint submission case, the parties agreed at the hearing that double lime should be paid for work after midnight by men who had prior thereto worked eight hours, and the recommendation of the board in- cluded this provision. In Montana Power Co., 5 S3, 2/13/19, the board decided that " Overtime shall be paid to all employees under this agreement, except such em- ployees for whom overtime conditions have already been specified, as follows: All overtime in excess of the regular working hours shall be paid for at the rate of one and one-half time straight time, except time after 10 p. m. until returned to shop, or camp, or temporary quarters, at the company's option, after release from work, which time shall be paid i'or at the rate of double time. Excepting also as to both of the above provisions, cases of swing shift or regular shift, established as regular working hours. In which case the rates for regular working hours shall apply, and the same rules for overtime shall apply in computing overtime. It is further provided that on night calls, employees called prior to 10 p. in. shall receive time and one-half until 10 p. m. and double time after 10 p.; m. until released from work, as provided above. Employees called between the hours of 10 p. m. and 3 a. m. shall receive double time until released from work as provided above. Em- ployees called between the hours of 3 a. m. and 8 a. m. shall receive double time until 8 a. m., at which time it shall be construed that a regular shift is begun at straight time. Employees called between 10 p. in. and G a. m. shall receive not less than one-half day's regular pay." In Spokane and Inland Empire Railroad Co., 503, 3/27/39, the board de- cided relative to the pay of men subject to call from 5 p. m. to 8 a. in., "The willingness of the company to pay these men eight hours straight time, Including Sundays and for additional holidays, and in addition time and a half for all time worked between 5 p. in. and 12 midnight, and double time for all time worked between midnight and 8 a. m., we think is a reasonable agreement, and we make no recommendation in regard to any alteration thereof." In Sloss-Sheffielcl Steel & Iron Co. 12, 7/31/18. See also Decker & Sons, 23o, 2/12/19. the joint chairmen as arbitrators awarded time and a quarter for work between eight and ten hours and time and a half for work over ten hours; but in another case which was decided by them on the same day St. Joseph Lead Co., 16, 7/31/18. they awarded time and a half for work between eight and ten hours and double time for work after ten hours. A later case Corn Products Refining Co., ISO, 11/21/18. establishes time and a half for overtime after 8 hours and double time after 12 hours. The provision in the Ilagerstown case New York Central Iron Works Co., 297, 9/26/1S. that time and a half should be paid for work on holidays was due to an agreement between the parties. A number of decisions on payment for Sunday work where the nature of the industry places the work on an exceptional basis ara stated in the preceding section. A somewhat similar problem is dealt with in the Newsprint Paper award, 35, 6/27/18. which decides that "Whenever tour workers are required to work overtime for more than two weeks to fill a vacancv. all overtime over REPORT SECRETARY NATIONAL AVAR LABOR BOARD. 83 two weeks shall be paid for at double-time rates. If, however, the employer is unable to fill such vacancy, he may apply to the union to furnish a suitable man to fill same, and if the union is unable to fur- nish the required man the employer shall be required to pay only at the rate of time and a half until the vacancy is filled." In Wharton Steel Co., 70S, 3/14/19. while the basic eight-hour day was the general rule, train crews were given nine-hour days without a higher rate for overtime. " The working hours for train crews shall he hours per day. Should their work he completed at any time between the last half-hour point and the full hours working time, the crew shall have the privilege of going home. Should the crew be required to remain SO minutes or less beyond the end of their ninth working hour to complete the work, no extra time shall be granted, but in case more than 30 minutes in excess of 9 hours are required to do the work, overtime shall be grnntert at the Hat hour basis. Tho superintendent, or his representative, shall be the .judge as to when the work for the day is completed. Where it is neces- sary to operate the railroad for 24 hours daily, the regular 8-hour shifts shall be in operation." For other workers, except on change of shift, overtime was to be paid for at the rate of time and a half. This rate was to be paid for work on Sundays and holidays, except work which was necessarily performed on those days. "All time worked in excess of the regular shifts hereinabove provided, in any consecutive 24 hours, except changing of shifts (and work of train crews), shall be regarded as overtime, to be paid for at the rate of time and one-half, work done on Sundays and holidays included, except that work regarded as necessary, such as pumping, firing, and power- house engineering." " The furnaces are necessarily operated continuously, 24 hours per day. when operated at all. At the furnaces 8 hours in any one 24-hour period, including Sundays, shall constitute a day's work, but it is recommended that when labor is available in sufficient quantities, arrangements should be made so that each man may have one day in seven for rest." The board has awarded the payment of overtime rates for travel- ing during overtime hours; National Refining Co., 97, 8/28/18. See also Sinclair Refining Co., 5.0,7, 11/20/18. Compare Intel-mountain Power Co., 440, 11/22/18. and has decided that in calculating the overtime rate for piecework the piece rate, and not the clay rate, is to be used as a basis, if this course is feasible, General Electric Co., Scheuectady, 127, 7/31/18. This award adds, " Pro- Tided, That this change from former practice shall be found by the supervising examiner to be impracticable or subject to abuse, he may direct a return to former practice and fix adequate proportionate day rates upon which all overtime shall be calculated." On overtime for Piecework see also Bethlehem Steel Co., 22. 7/31/18. PROVISIONS AGAINST EXCESSIVE OVERTIME. Those awards which establish 48-hour weeks provide, however, that " Excessive overtime shall not be exacted or permitted; and, in order tli at the same may be kept within reasonable limits, it is hereby de- creed that where, in any one day, more than two hours overtime in 84 REPORT SECRETARY NATIONAL WAR LABOR BOARD. excess of eight hours is required, then, for that day, overtime shall be paid without regard to whether or not the worker shall, during that week, have worked the weekly schedule provided for." Mason Machine Works, 111, 30/9/18; United Engineering & Foundry Co., 157, 10/9/18; St. Louis Car Co., 4 a, 10/11/18; Standard Wheel Co., 176, 10/11/18; Gem Metal Products Corp., 591, 12/17/18; Saginaw Ma- chinists, 147, 10/25/18: B. F. Sturtevant Co., 393, 1/30/19; Walworth Manufacturing. Co., 274, 3/6/19 ; American Locomotive Co., Schenectady, 61, 10/9/18, in the last of which this paragraph was subsequently stricken out by agreement of the parties. GUARANTEE OF MINIMUM NUMBER OF HOURS. The awards which establish 48-hour weeks also declare that " Tho employer shall guarantee to each worker who shall be employed on the first day of any week the opportunity to work at least 4A hours in such week, or 36 hours where a holiday intervenes, exclusive of over- time or extra time, and in default of providing such employment shall pay the worker full wages for such hours, exclusive of overtime and extra time." Mason Machine Works, 111, 10/9/18; United Engineering & Foundry Co., 151, 10/9/18 ; St. Louis Car Co., 4 a, 10/11/18 ; Standard Wheel Co., 176, 10/11/18; Saginaw Machinists, 147, 10/25/18; American Locomotive Co., Schenectady, 61, 10/9/18; in the last of which this paragraph was sub- sequently stricken out by agreement of the parties. An award which does not deal with the 48-hour week declares that " When workers are called out after midnight, each worker so called out shall receive at least four hours' pay for each call," Northern Indiana Gas & Electric Co., 45, 11/22/18. while another award provides that " For each call to fight fire at night the workers shall be paid for two and a half hours at least, at double time. If sent away from his home station to work, an employee shall receive not less than eight hours for each day away and shall be allowed time for traveling to and from the job. and overtime rates for traveling during overtime hours." National Refining Co., 91, 8/28/18. Same provision except as to fighting fires in Sinclair Refining Co., 395, 11/20/18. The board and its umpires have decided in several cases that in time of depression hours should be reduced before men were laid off. Waynesboro, Pa., cases, 40, 7/11/18; umpire's award in Chambersburg, Pa., cases, 371, 3/11/19; umpire's award in Wharton Steel Co., 798, 3/14/19; recommendations in Steacy-Schmidt Manufacturing Co., 4$4, 4/11/19; and in Lancaster, Pa., cases, 873, 4/11/19. QUESTIONS REFERRED TO COMMITTEES. As we have already seen, the board has sometimes created a perma- nent committee of two members representing the employer and two members representing the employees to deal with problems concern- ing overtime work; it has sometimes intrusted to a committee the problems concerning holidays and weekly work periods; and it has sometimes left the entire subject of hours to collective bargaining between the parties. See pages 61 to 63. REPORT SECRETARY NATIONAL WAR LABOR BOARD. 85 II. STREET RAILWAY CASES. PACTORS INVOLVED ARE DIFFERENT FROM THOSE INVOLVED IN INDUSTRIAL CASES. Many of the cases before the board have been controversies between street railway companies and their employees; but the question of hours has been of importance in only a few of these cases. The main question has been concerning wages, the companies usually contend- ing that they were unable at the existing rates of fare to grant the increases in pay which were sought, and that, unlike industrial enter- prises, they were forbidden by law to make greater charges for their services in order to pay higher \vages. We shall consider later the manner in which the board has met "these contentions. It is sufficient here to point out this reason why many cases which did not involve hours were brought before the board. Moreover, while in industrial cases there were usually no existing contracts between the employers and the employees, there were such contracts in nearly all of the street railway cases, and while even there the board could pass upon the future relations between the parties, the board has not usually felt that it was necessary for it to make changes in the contracts which affected hours or working conditions. In the third place, in industrial plants the amount of work which is to be done is fairly uniform throughout the day, so that the es- sential question concerning hours is simply as to the total amount of \vorking time. But a street-car company can not economically fur- nish such continuous work to all of its motormen and conductors, so that when street-car men complain of their hours the complaint is usually not concerning the number of working hours but concerning the amount of elapsed time between the beginning and the end of the day's work. These three explanations show why, in spite of the large number of street railway cases which have come before the board, relatively few of the awards have brought about any changes in the hours of motormen and conductors, and why where changes have been made they have usually involved elapsed time rather than actual working time. STREET RAILWAY HOURS. In street railway cases the board has not fixed a maximum number of hours for a working day nor has it established a basic day ; See, for example, Cleveland, Southwestern & Columbus Railway Co., 57, 7/31/18; Public Service Railway Co., 69, 7/31/18; Cleveland, Paines- ville & Eastern Railroad Co., 193, 7/31/18; Portland Railway, Light & Power Co., 210, 11/21/18; Spokane & Inland Empire Railroad Co., 503, 3/27/19; Pacific Electric Railway Co., 214, 4/9/19; San Diego Electric Railway Co., 452, 4/10/19; San Francisco-Oakland Terminal Railways, 610, 4/10/19 ; Los Angeles Railway Corporation, 753, 4/10/19 ; Pacific Gas & Electric Co., 1125, 4/11/19; and also Kansas City Railways Co., 265, 10/24/18. but it has sought to remedy the more extreme cases of elapsed time or undue spread of working hours by providing for the payment of bonuses for runs exceeding a maximum number of hours of such elapsed time. Cleveland Railway Co., 31, 7/31/18; Detroit United Railway Co., 82, 7/31/18; Public Service Railway Co., 69, 7/31/18; Omaha and Council 86 REPORT SECRETARY NATIONAL WAR LABOR BOARD. Bluffs Street Railway Co.. /;>.'/. 7/31/18: Kansas City Railways Co., 20.5, 10/24/18; Denver Tramway Co., 173, 11/20/18; Washington Railway & Electric Co., 10. W. :V2.Vl9. See, however, P.oston Elevated Railway Co., 181, 10/2/18. The further provision that " Whenever there is a break or layoff time in any of the scheduled runs of 45 minutes or less, such period shall be paid for at the rates prescribed in this award and, shall be considered to be a part of the platform tim<>" is also contained in 31, 32, 69, .75.). 2/7.7. See also 610, 10.}, 2/18/19, quoted more fully in second note in section on Wages and Customs of Locali- ties (p. 93). PRINCIPLES GOVERNING WAGE AWARDS. The board has also stated reasons for its decisions in some of the wage awards, although it has done so in few cases in comparison with the total number of wage awards. In some cases it has based the awards upon wages paid in other plants where conditions were similar ; See next section, on Wages and Customs of Localities (p. 92). in other cases it has sought to maintain the standards of living of the workers affected by granting to them wage advances proportion- ate to the increase in the cost of living; See section on Maintenance of Standard of Living (p. 93). and in a third class of cases it has tried to give to the workers a living wage. See under heading The Living Wage (p. 94). Underlying many of the street railway decisions, at least, is tho position that in wage cases it is immaterial whether or not a business is on a paying basis. At hearings before the joint chairmen on 0/24/1 S and on 6/28/18. tho joint chairmen called attention to the fact that the prices paid by the company for coal and metals were not dependent upon the financial con- dition of the company. The company on 0/24/18 and on 0/25/18 con- ceded that the right of the employees to reasonable wages was independ- ent of the company's financial condition. On 6/25 Mr. Taft said, " We have no doubt ourselves, and I can speak that in advance, that it is our duty to go on and fix what we regard as a reasonable rate of wage* without regard to the condition of the company." In Boston Elevated Railway Co., 181, 10/2/18, the award of the joint chairmen as arbi- REPORT SECRETARY NATIONAL WAR LABOR BOARD. 91 trators pointed out tluit " If the company needs coal or steel in the opera- tion of its road it must pay the war prices for these commodities or go without. Similarly it' it needs labor, it must also pay a price com- mensurate with the present exigency, a price which will enable its em- ployees to meet their greatly increased expenses." Mr. Taft said in his opinion as one of the arbitrators in a case involving the Michigan United Railways Co., ^05, "The National War Labor Board, of which \ve are chairmen, has held that the financial condition of the company is not a factor in determining what a fair rate of wages is on a joint submission like this.-' This statement was made in a case which came before Mr. Taft and Mr. Walsh as arbitrators and not as joint chairmen. In Coal Dock Operators, Duluth, L'0/, 10/24/18, the board increased the compensation of the employee* by awarding time and a half for work in excess of eight hours and double time for Sundays and holidays, and at the same lime recommended that the Fuel Administration " give due consideration to the increased cost entailed by reason of this award." Sub- sequently, 201 sup., 11/19/18, the board made a contingent award that the daily wage rate paid for a 10-hour work day on 10/1/18 should be the daily wage rate for an 8-hour day, saying, " Inasmuch as the selling price of the product of the coal dock operators is controlled by the Fuel Administration, and is based upon ascertained cost of operation, includ- ing wages, this award is made contingent on the action of the Fuel Administration making such readjustment in the selling price as may be warranted by reason of the increased cost of operation entailed by this award." Compare the recommendation to the Federal Trade Commission in Newsprint Paper, 35, C/2T/18, and, under The Living Wage, the section on Financial Recommendations (p. 114). The award in Philadelphia Carpenters, Geo. W. Smith Co., 315, 11/19/18, was made in accordance with the submission agreement on the promise of the Emergency Fleet Corporation to pay increased compensation if called for by the award. The award of increased wages in Toledo, Bowling Creen & Southern Railway Co., 527, 12/5/18, was also under the terms of the submission agreement contingent upon the securing of permission from the proper authorities to charge a rate of fare adequate to meet such award. In Baker Manufacturing Corporation and Davison-Namack Foundry Co., 103. 4/8/19, Umpire Hale declared that "The fact that the selling price of the product has not increased does not of itself prove that there should be no increase in wages. The employers have introduced no evi- dence in regard to what their prolits are with the present prices or whether those profits might reasonably be reduced," In Tennessee Copper Co., 1028, 4/10/19, the board recommended wage ar- rangements winch included readjustments in accordance with the market price of the product. The employees had acquiesced in the giving of weight to such a factor. The considerations which have been stated were also apparently, sometimes separately and sometimes in combination, given more or less weight in other cases in which reasons for the decisions were not stated in the awards. The board has also acted at times on the further principles, which do not appear to have been stated in any of the awards, that a higher wage should be paid for a higher grade of work than for a lower grade of work, E. jr., the wages awarded to platform men in Butte Electric Railway Co., Butte, Mont., 271, 11/20/18, depended in part upon the wages received by common labor in that town. and that where work is of an undesirable character that fact should be given some weight in fixing wages. Compare the minimum wages awarded to St. Joseph Lead Co., 16, 7/31/18, with the minimum wages awarded in other cases about the same time. See also the opinion of the umpire in New York Harbor case, 10, 2/25/19, and opinion in Little Rock Laundries, 233, 11/9/18. 92 REPORT SECRETARY NATIONAL WAR LABOR BOARD. WAGES AND CUSTOMS OF LOCALITIES. As already pointed out, some of the wage awards have been ex- plicity based upon the customs of similar plants in the same locali- ties or of similar plants operating elsewhere under conditions which apparently were not dissimilar. Philadelphia Carpenters, Geo. W. Smith Co., 315, 11/19/18; Molders, Ridg- way, Pa., 349, 12/20/18; Molders, Williamsport, Pa., 355, 12/20/18; Montana Power Co., 583, 2/13/19; Nevada Consolidated Copper Co., 303, 2/20/19; umpire's award in Chambersburg, Pa., cases, 371, 3/11/19; Wharton Steel Co., 758, 3/14/19 ; umpire's award in Baker Manufactur- ing Corporation and Davison-Namack Foundry Co., 403, 4/8/19 ; Willys- Morrow Co., 844, 4/10/19; Remington Arms Co., 937, 4/10/19; umpire's award in Coal Dealers, Lynn, Mass., 774, 4/11/19; recommendations in the following cases: Bethlehem Steel Co., Lebanon, 419, 1/15/19; Leb- anon Valley Iron Co., 420, 1/15/19 ; Burden Iron & Steel Co., 421, 1/15/19 ; Cohoes Rolling Mill Co., 422, 1/15/19; Milton Manufacturing Co., 422 a, 1/15/19 ; Pennsylvania Iron & Steel Co., 422 &, 1/15/19 ; Columbia Metal Box Co., 778, 1/15/19 ; American Locomotive Co., Richmond, 739, 1/29/19 ; American & British Manufacturing Co., 594, 2/12/19; Butterick Pub- lishing Co., 880, 2/12/19; Reading, Pa., cases, 522, 3/4/19; Coopers, Chicago, 111., 696, 3/4/19 ; United Gas & Electric Co., 725, 3/4/19 ; Spang & Co., 915, 3/4/19, 915 a, 3/11/19 ; Western Cold Storage Co., 80, 3/26/19 ; McDonough Packing Co., 81 a, 3/26/19 ; Wink Packing Co., 81 b, 3/26/19 ; E. Godel & Sons, 81 c, 3/26/19; Armour & Co., 824, 4/10/19; Hinde & Dauch Paper Co., 576, 4/11/19. See also award in Galesburg Railway, Light & Power Co., 109 sup., 12/5/18 ; recommendation in Russell Motor Car Co., 122, 3/4/19. Compare award quoted in note in section on Hours and Working Conditions (p. 89) ; umpire's award in Molders, Warren, Ohio, 437, 1/8/19; recommendation in Firemen of Pittsburgh, Pa., 226, 10/24/18 ; opinions of minority of board in the following cases : Florida Fertilizer Manufacturers, 680, 2/18/19; Rhode Island Textile Workers, 275, 3/13/19; Minneapolis Steel & Machinery Co., 46, 4/11/19; St. Paul Foundry Co., 570, 4/11/19; American Hoist & Derrick Co., 571, 4/11/19. The decisions in other cases, e. g., Standard Boiler & Plate Iron Co., 325, 4/9/19, were in a measure governed by such customs. In the street railway cases the joint chairmen as arbitrators made greater increases in some cities than in others. For example, the maximum rate in Cleveland, Ohio, was raised from 35 cents to 48 cents, bringing it to the same level as the rate awarded in Detroit, Chicago, and Buffalo. As the joint chairmen said, Cleveland Railway Co., 31, 7/31/18, this exceptional increase was "due to the fact that the wage paid by the Cleveland company were unusually low 5 cents below the average." In Boston Elevated Railway Co., 181, 10/2/18, where the joint chairmen in- creased the maximum wages of surface motormen and conductors from 37| cents to 48 cents, they said, " The increase is substantial, but is fair. It is required by the increase in the cost of living and brings the wage in Boston only up to a parity with wages of motormen and conductors in other cities of similar importance, where the cost of living is at most not higher than it is in Boston." Other awards have been based upon the rates paid by the Gov- ernment for work which was being done for it in other places than the plant involved. Bethlehem Steel Co., 22, 7/31/18 ; Philadelphia Carpenters, Geo. W. Smith Co., 315, 11/19/18; Remington Arms Co., ,957, 4/10/19; Boilermakers, Akron, Ohio, 826 a, 4/11/19; recommendations in the following cases; Russell Motor Car Co., .122, 3/4/19 ; Industrial Manufacturing Co., 783, 3/4/19; Spokane & Inland Empire Railroad Co., 503, 3/27/19; Minne- apolis Steel Machinery Co., 46, 4/11/19; St. Paul Foundry Co., 570, 4/11/19; American Hoist & Derrick Co., 571, 4/11/19. (The recommen- dations in 46, 570, 571, were by majority vote.) See also umpire's award in Worthington Pump & Machinery Corporation, Cudahy, 163, 12/20/18; Machinists, Philadelphia, 400, 12/20/18. REPOKT SECRETARY NATIONAL WAR LABOR BOARD. 93 In Madison Machinists, 195, 2/18/19, Umpire McChord said, " It is also argued by the employers that the wages now paid in the factories of Madison are as high as, or higher than, are paid by the State of Wiscon- sin and the city of Madison, and that therefore a wage level is estab- lished which it would be unwise to change or disturb. This argument has little force. Carried to its logical conclusion, workers would always be required to accept low wages, provided the majority in the same com- munity received low wages. It would always mean a reduction to the lowest level, which is neither just to the worker or the community as a whole. In any event, there is no just comparison between workers in factories and those employed by State or municipal authorities. Cer- tainly unduly low wages paid by the latter can not rightfully constitute the just measure for the former. The test is not so much what the level is, as how that level measures up with the cost of living. Workmen are are entitled to comfortable wages, and no comparisons that might be presented are sufficient to overturn or outweigh that principle.' In Niles-Bement-Pond Co., 339, 12/9/18, Umpire Lind said, "The question of determining what is a fair wage is always a difficult one and espe- cially so at the present moment when industry as a whole is disturbed by many untoward conditions. In the present situation I do not think that it would be either wise or just to be guided in any large degree by the very high scale of wages that was established by the Government, while we were actively engaged in hostilities, for the purpose of stimu- lating war production." The board has at times, e. g., Machinists, Philadelphia. 400, 12/20/18; In- dustrial Manufacturing Co., 783, 3/4/19, recommended that where the payment of rates provided for in the decision of the board increases the cost of production, the Government, for which the companies were pro- ducing, should reimburse the companies to the extent which investiga- tion should show to be necessary under the increased rates. In the Columbus, Ohio, cases, 502, 4/10/19; Rome, N. Y., cases, 941, 4/10/19; Steacy-Schmidt Manufacturing Co., 454, 4/11/19; Lancaster, Pa., cases 813, 4/11/19, the board made the following recommenda- tion : " If the companies received payment at the rate of time and one- half for overtime worked beyond eight hours per day for work done by them either directly or indirectly for the Government or for private parties, they should, in fairness to their employees, compensate said employees on the same basis for the period during which the companies received such overtime payment for their work." In most if not all of the street railway cases which have come before it the board has found it necessary to add to its award of higher wages a recommendation that the appropriate authorities allow the company to increase its charges. See under The Living Wage the section on Financial Recommendations (p. 114). And see recommendation to Fed- eral Trade Commission in Newsprint Paper, 35, 6/27/18. MAINTENANCE OF STANDARD OF LIVING. Several of the awards and recommendations have been based ex- plicitly upon increases in the cost of living. Award by board in Newsprint Paper, 55, 6/27/18 ; Pressmen's Union of Chi- cago, 105, 9/27/18 ; Little Rock Laundries, 233, 11/9/18 ; Montana Power Co., 583, 2/13/19. Awards by joint chairmen as arbitrators in Detroit United Railway Co., 32, 7/31/18; Chicago Surface Lines, 59 a, 7/31/18; Chicago & West Towns Railway Co., 59 &, 7/31/18 ; Boston Elevated Rail- way Co., 181, 10/2/18. Recommendations by board by majority vote in Florida Fertilizer Manufacturers, 680, 2/18/19, and in ,T. A. McNulty, 261, 4/11/19. See also opinion of umpire in Worthington Pump & Ma- chinery Corporation, Cudahy, 163, 12/20/18; recommendations in the following cases: American Sheet Tin Plate Co., 232, 1/15/19; Bedford Stone Club, 397, 1/15/19 ; Bethlehem Steel Co., North Lebanon Plant, 401, 1/15/19; Eastern Steel Co., 418, 1/15/19; Imperial Electric Co., 520, 1/15/19 ; Columbia Metal Box Co., 772, 1/15/19 ; Standard Steel Car Co., 914, 914 a, 1/15/19; and interpretation of provision as to increased cost of living in Newsprint Paper, 35 sup,, 12/19/18. I 94 REPORT SECRETARY NATIONAL WAR LABOR BOARD. It must be noted, however, that in a number of the cases in which wages have been raised on a percentage basis, Willys-Overland Co., .0-5. 10/11/38: umpire's award in Xiles-Bement-Pond .Co., PiMinsfield. N. J., 339, l'J/9/lS; Mulders, Elkhart, Intl., 383, 4/10/10; Benjamin Iron & Steel Co., 724, 4/10/19; recommendation in Holders, Fort Wayne, Ind., 284, 4/10/19. See also Reading Iron Co., 416, 11/19/18 ; Wilkesbarre cases, 6'3S, 2/20/10; and recommendations in Nos. .J/..9 ttt 422 6. or in which the board has simply classified the workers according to their wages and decided upon separate increases for each class. See recommendations In Bridgeport Munition Workers, 132, 8/2S/18; Enierson-Brantingham Co., Batavia, 111., 106, 1/29/19; American & British Manufacturing Co., 504, 2/12/19; and award by joint chairmen as arbitrators in St. Joseph Lead Co., 16, 7/31/18. the board has granted proportionately greater advances to the lower- paid workers than to the higher-paid workers. The same result has sometimes been brought about in the establishment of minimum wages. See, e. g., women's wages in St. Louis Coffin Co., 2J8, 11/19/18. And see citations under Street Railway Wages : Percentage Increases for Other Employees (p. 110). The board lias also in the cast* of motormen and conductors increased the wages of new employees to a greater extent than it increased the wages of those who had been longer in the service. It is apparent, therefore, that the increase in the cost of living is a factor which is not given uniform weight in wage cases or is not- the sole factor in determining advances in wages of both the higher- paid and the lower-paid men. From umpire's award in Madison Machinists, 195, 2/18/19: "Certain workers find it difficult to secure the ordinary comforts of life at tho wages they receive from some of the employers in Madison. Such a condition ought not to exist anywhere. A worker is entitled, if he be sober and industrious, as a matter of right, to something more than the bare living cost. His right is to receive a wage that shall insure to himself and dependents those ordinary comforts of life that go to make up a happy home. It is argued by the employers that because their employees have had their wages increased from time to time, so that the wages now received represent about the same percentage of increase as the increase in living cost, they have done their full duty in the prem- ises. This, of course, must be based on the assumption that in 1914 the wages paid represented all that the worker was then entitled to, which assumption is not established on this record." THE LIVING WAGE. The right of all workers* iifefotding common laborers^ to << living wage is hereby declared. In fixing wages, minimum rates of pay shall "be established which will insure the subsistence of the worker and his family in h-ealth and reasonable comfort. I. IX GENERAL. THE AWARDS TO BE EXAMINED. Under this heading we shall consider not only those awards which relate strictly to the living wage but all wage awards which have not been considered elsewhere. REPORT SECRETARY NATIONAL WAR LABOR BOARD. 95 DETERMINATION OF THE LIVING WAGE. In the Wayaesboro cases, 40, 7/11/18. after establishing a minimum wage of 40 cents per hour the board said, " The board hereby announces that it has now under considera- tion the matter of the determination of the living wage, which under its principles must be the minimum rate of wage which will permit the worker and his family to subsist in reasonable health and com- fort. That in respect to the minimum established by this finding it shall be understood that it shall be subject to readjustment to con- form to the board's decision when and as a determination shall be reached in that regard." The board, however, on July 31, 1918, adopted a resolution con- taining the following paragraphs : ' ; That the period of the war is not a normal period of industrial expansion from which the employer should expect unusual profits or the employees abnormal wages; that it is an interregnum in which industry is pursued only for common cause and common ends; " That capital should have only such reasonable returns as will assure its use for the world's and Nation's cause, while the physical well-being of labor and its physical and mental effectiveness in a com- fort reasonable in view of the exigencies of the war should likewise be assured ; " That this board should be careful in its conclusions not to mako orders in this interregnum, based on approved views of progress in normal times, which, under war conditions, might seriously impair the present economic structure of our country; " That the declaration of our principles as to the living wage and an established minimum should be construed in the light of thess considerations : ; ' That for the present the board or its sections should consider and decide each case involving these principles on its particular facts and reserve any definite Yule of decision until its judgments have been sufficiently numerous and their operation sufficiently clear to make generalization safe." II. INDUSTRIAL CASES. WAGE INCREASES. The board has frequently decided that employers who were parties to the award should increase wages, either on a definite percentage basis. Newsprint Paper, .15. G/27/18; General Electric Co., Pittsfield, W, 7/31/18; General Electric Co., Schenectady, 12?, 7/31/18, sup., 11/22/18; Pollak Steel Co., 102, 8/21/18 ; St. Louis Car Co., .'/ a, 10/11/18 ; Willys-Overland Co., 95. 10/11/18; Saginaw Machinists, 147, 10/25/18; St. Louis Coflin Co., 2.58, 11/19/18; Reading Iron Co., J,16, 11/19/18; Northern Indiana <;,-is & Electric Co., 45, 11/22/18; Erie Lighting Co., 133, 11/22/18; umpire's award in Niles-Bement-Pond Co., Plainsfield, N. .L, 339. 12/9/18; um- pire's award in Holders, Warren, Ohio, 437, 1/8/19; Union Carbide Co-, 174, 1/15/19; Western Drop Forge Co., 334, 1/29/19; Portland Railway, Light & Power Co., 567, 2/19/19; Wilkesbarre cases, 638, 2/20/19; Wai- worth Manufacturing Co., L'T//, 3/6/19; Patternmakers, P.uffalo, 604. 96 REPORT SECRETARY NATIONAL WAR LABOR BOARD. 3/14/19; Chicago Brush Manufacturing Co., 754. 3/2G/19 ; Matthews Engineering Co., 542, 542 a, 3/27/19 ; Standard Boiler & Plate Iron Co., 325, 4/9/19; Molders, Elkhart, Intl., 383, 4/10/19; Benjamin Iron & Steel Co., 724, 4/10/19. See also umpire's award in Madison Machinists, 105, 2/18/19; recommendation in Molders, Fort Wayne, Ind., 284, 4/10/19; recommendation by board by majority vqte in Rhode Island Textile Workers, 275, 3/13/19; and recommendations in Nos. 232, 897, 401, 418, 520, 772, 014, 914 In Molders, Warren, Ohio, 437, 1/8/19, the umpire decided that the wages paid on a named date for a nine-hour day shjnld be the daily wage rate for an eight-hour day. In Coal Dock Operators, 201 sup., 11/19/18, the board decided, contingent upon the action of the Fuel Administration, that the wages paid on a named date for a ten-hour work day should be the daily wage rate paid for an eight- hour day. In instituting basic days the board has increased daily wages even when it did not raise the hourly rate. or by a definite amount of money, Newsprint Paper, 85, 6/27/18; Indianapolis Painters, 62, 9/27/18; Press- men's Union of Chicago, 105, 9/27/18 ; New Orleans Railway & Light Co., ,98, 10/24/18 ; Printers' League, N. Y., 446, 11/19/18 ; Pressmen's Union, N. Y., 446 a, 12/6/18 ; Typographical Union, 446 b, 12/6/18 ; Paper Cut- ters' Union, 446 c, 12/6/18; Bindery Women's Union, 446 (/, 12/6/18; Paper Handlers' Union, 446 r, 12/6/18, */>., 2/12/19; Press Feeders' Union, 446 f, 12/6/18 ; Gem Metal Products Corporation, 591, 12/17/18 ; New York Photo Engravers' Union, 892, 3/12/19. See also Sinclair Refining Co., 395, 12/15/18; recommendations in the following cases: Bridgeport Munition Workers, 132, 8/28/18; Emerson-Brantingham Co., Batavia, 111., 106, 1/29/19; American & British Manufacturing Co., 594, 2/12/19; award by joint chairmen as arbitrators in St. Joseph Lead Co., 16, 7/31/18. or to a definite amount of money, Molders, Chicago, 87, 6/12/18, sup., 3/14/19; Newsprint Paper, 35, 6/27/18; Waynesboro cases, 40, 7/11/18; St. Joseph Lead Co., 16, 7/31/18; Bethlehem Steel Co., 22, 7/31/18; Pollak Steel Co., 102, 8/21/18; Bridgeport Munition Workers, 132, 8/28/18; recommendation in American & British Manufacturing Co., 594, 2/12/19; umpire's award in Chambersburg, Pa., cases, 371, 3/11/19. See also citations in later sections. or by establishing minimum wages to be paid to all men or to all women employed, or to all those who were doing designated types of work. Instances in which these have been done will be stated in later sections. It has declared that the wages under consideration were too low and should be materially increased ; Reading, Pa., cases, 522, 3/4/19 ; J. B. Stine, 521, 4/9/19. it has made recommendations against reductions in wages; Tennessee Copper Co., 1028, 4/10/19 ; Western Chemical Co., 1042, 4/10/19. and it has stipulated in a number of cases that the revision of wages or earnings provided for in the award should in no case operate to reduce the wages or earnings of any employee. Newsprint Paper, 35 sup., 7/26/18, sup., 1/28/19; Bethlehem Steel Co., 22 7/31/18 ; Bridgeport Munition Workers, 132, 8/28/18 ; St. Louis Car Co., 4 a, 10/11/18 ; Willys-Overland Co., .9.5, 10/11/18 ; Corn Products Refining Co., 130, 11/21/18; Philadelphia Machinists, 400, 12/20/18; recommenda- tion in American & British Manufacturing Co., 594, 2/12/19; umpire's award in Madison Machinists, 195, 2/18/19; Meat Cutters of East St. Louis, 111., 829, 3/4/19 ; umpire's award in Chambersburg, Pa., cases, 371, 3/11/19 ; Wharton Steel Co., 7-98, 3/14/19 ; recommendations of board by majority vote in the following cases : Rhode Island Textile Workers, 275, REPORT SECRETARY NATIONAL WAR LABOR BOARD. 97 3/13/19; Minneapolis Steel & Machinery Co., 46, 4/11/19; St. Paul Foundry Co., 570, 4/11/19 ; American Hoist & Derrick Co., 57 1, 4/11/19. The board has not invariably decided in favor of increases in wages. It has at times expressed the opinion that the rates under considera- tion were reasonable ; Recommendation in San Diego Electric Railway Co., 452, 4/10/19. See also limited scope of umpire's award in Coal Dealers, Lynn, Mass., 774, 4/11/19. Rates reasonable as a whole, although individual inequalities might call for redress: recommendations in Minneapolis Gas Light Co., 475, 4/11/19 ; and in Minnesota Flour Mills, 482, 4/11/19. and it has in a number of cases left the question of wages to collec- tive bargaining between the parties. See section on Duties of Committees (p. 61). MINIMUM WAGES FOR PLANT. The minimum wage for men has ranged from recommendations of 30 cents an hour for common labor in San Antonio, Tex., Building Trades of San Antonio, Tex., 216, 1/30/19. and 35 cents an hour for lumber company employees on the northern border of Maine, Van Buren Lumber Employees, Van Buren, Me., 21, 21 I), 1/15/19. up to an award of 50 cents to the employees of the St. Joseph Lead Co., Herculaneum, Mo., 16, 7/31/18. including unskilled laborers. And in the case of Hod Carriers' Union of Cleveland, Ohio, 104, 1/15/19. the board decided that a rate of 55 cents to building trades laborers, including the unskilled, which was being paid by way of com- promise pending decision by the board, should remain in force. The awards have usually been around 40 or 42 cents in industrial cases. 30 cents: recommended in Building Trades of San Antonio, Tex., 216, 1/30/19. 85 cents: recommended in Van Buren Lumber Employees, Van Buren, Me., 21, 21 T), 1/15/19. 37 cents: recommended in Florida Fertilizer Manufacturers, 680, 2/18/19, against the vote of some members of the board, who thought that the rate was higher than should be established for that community. 38 cents: Newsprint Paper, 35, 6/27/18. This was apparently recommended in Aroostook Pulp & Paper Co., Van Buren, Me., 21 a, 1/15/19. 40 cents: to workers over 21 years of age who have been employed six months: umpire's award in Madison Machinists, 195, 2/18/19. 40 cents: Waynesboro cases, Waynesboro, Pa., 40, 7/11/18; Pollak Steel Co., 102, 8/21/18 ; St. Louis Car Co., 4 ti, 10/11/18 ; Willys-Overland Co., Elyria, Ohio, 95, 10/11/18; Reading Iron Co., Reading, Pa., 416, 11/19/18; recommended in American & British Manufacturing Co., Providence, R. I., 594, 2/12/19; recommended in Carpenter Steel Co., Reading, Pa., 913, 2/12/19; Wilkesbarre cases, 638, 2/20/19; umpire's award in Chambersburg, Pa., cases, 371, 3/11/19 ; Matthews Engineering Co., Sandusky, Ohio, 542, 542 a, 3/27/19; .T. B. Stine, Osceola Mills, Pa., 521. 4/9/19. See also Commonwealth Steel Co., Granite City, 111., 472, 11/9/18. 321338 20 7 98 REPORT SECRETARY XATIOXAL WAR LABOR BOARD, 42 cent a: General Electric Co.. Pittsfiekl, Mass., 19, 7/31/18: General EU-c- tric Co., Schenectady, N. Y., 127, 7/31/18; umpire's award in Bridgeport Munition Workers, Bridgeport, Conn., 132, 8/28/18; Pittsfield Machine & Tool Co., Pittsfield, Mass. 337. 11/21/18; umpire's award in Worthington Pump & Machinery Corporation, Cudahy, Wis., 163, 12/20 18; Machinists, Hamilton, Ohio, 978, 4/10/19. See also recommendations in the follow- in? cases : Remington Arms Co., Ilion, N. Y., 937, 4/10/19 ; Steady-Schmidt Manufacturing Co,, York, Pa.. 4~)'/, 4/11/10; Lancaster, Pa., cases, 873 to 877, 4/11/19. 50 cents: St. Joseph Lead Co., Herculaneum, Mo., 16, 7/31/18. 55 cents: Hod Carriers' Union of Cleveland. Ohio, 104, 1 /!."/! 9. See also next section on wages of laborers (p. 102). While women are to be paid wages equal to those paid to men for the same work, See citations under Women in Industry (p. 09.) the board has upon several occasions established lower minimum wages for the women employees in a plant than were established for the men employed in the same plant. These minimum wages hav-i ranged from 20 to 35 cents per hour. $11 per week (about 20 cents per hour) except for apprentices: Little Laundries, 233, 11/9/18. First three months, 21 cents, next six months, 26 cents, after nine months, 32 cents: St. Louis Coffin Co., 258, 11/19/1*. 30 cents for women 21 years of age or over: General Electric Co., Pitts- field, Mass., 19, 7/31/18; Pittsfield Machine & Tool Co., 337, 11/21/18. 30 cents for women 18 or over: Willys-Overland Co., Elyria, Ohio, H~>, 10/11/18; St. Louis Car Co., 4 a. 11/11/18. SO cents for women except new employees and apprentices : Standard Wheel Co., Terre Haute, Ind., 176, 10/25/18. $15 per iceck (about 31 cents per hour) : nothing said as to aa - o : Electric Co., Schenectady, N. Y.. 127, 7/31/18: Meat Cutters of East Sr. Louis, 111., 829, 3/4/19. 32 cents for women 18 or over with 6 months' experience in the plant : umpire's award in Worthington Pump & Machinery Corporation. Cudahy, Wis., 163, 12/20/18 ; umpire's award in Madison Machinists, 195, 2/18/19. 35 cents for women 18 or over: umpire's award in Chambersburg, Pa., cases, 37 1, 3/11/19. 35 cents for women 18 or over who have worked in the plant for 3 months: Midvale Steel Ordnance Co., Nicetown, Pa., 129, 2/11/19. 35 cents for women 18 or over who have worked in the plant for 6 months: Matthews Engineering Co., Sandusky, Ohio, 542. 542a, 3/27/19; Vim Motor Co., 853, 4/9/19. 35 cents for women 21 or over who have worked in the plant for 6 months : Midwest Engine Co., Indianapolis, Ind., 562a, 3/20/19. MINIMUM WAGES FOR PARTICULAR OCCUPATIONS IN PLANT. The board has established minimum wages to be paid to worker- involved who were engaged in particular occupations. A few typi- cal instances must be named. Thus, among metal-workers it h-'s established minimum wages for tool-makers, 80 cents: Midvale Steel & Ordnance Co., Nicetown, Pa., 129, 2/11/19. 7.'i cents: recommended by board by majority vote in Minneapolis Steel & Machinery Co.. J t 6, 4/11/19; in St. Paul Foundry Co., 570, 4/11/19; and in American Hoist & Derrick Co.. St. Paul, Minn., 571, 4/11/19. 72* cents: recommended in B. F. Sturtevant Co., Boston, Mass., ,r'.?, 1/30/19. 72 cents: Worthington Pump & Machinery Corporation, East Cambridge, Mass.. 14, 7/11/18; A. H. Petersen Manufacturing Co., Milwaukee, Wis., 320, 3/1.4/19; Westfield Manufacturing Co., Westfield, Mnss., 968. 4/11/19. 60 cents: Waynesboro. Pa., cases, jO, 7/11/18: umpire's award in Chambers- burg, PH., rases, 37!, 3/11/19. REPORT SECRETARY NATIONAL WAR LABOR BOARD. 99 Tool dressers, 10 cents: Pollak Steel Co., Carthage, Cincinnati, Ohio, 102, 8/21/18. 65 cents: Waynesboro, Pa., cases. J t O, 7/31/18; umpire's award in Chambersburg, Pa., cases, 311, 3/11/10. for machinists. First class, SO cents; second clas*, 70 cents: Midvale Stool Ordnance Co Nicetown, Pa., 129, 2/11/19. First class, 27% cents; second class, 26? cents: recommended in I>. F. Sturtevant Co., Boston, Mass., 393, 1/30/19. First class, 72 cents; second class, 65 cents: recommended by board by majority vote in Minneapolis Steel & Machinery Co., //#, 4/11/10; in St. Paul Foundry Co.. 570, 4/11/19; and in American Hoist &, Derrick Co., St. Paul, Minn., 571, 4/11/19. First class, 72 cents; second class, 62 coils: Worthington Pump & Machinery Corporation, East Cambridge, Mass., 14, 7/11/18. First class, 60 cents; second class, //5 cents: by agreement in New Y-:rk Central Iron Works Co.. Hagerstown, Md., 297, 9/2G/1S. Bench tool machinists, 60 cents: Waynesboro, Pa., cases, 40, 7/11 /IS ; umpire's award in Chambersburg, Pa,, cases, 371, 3/11/10. Journeymen machinists, at least 4 years' experience, 55 cents: Wnynesbovo, Pa., cases. 40, 7/11/18; umpire's award in Ohambersburrr, Pa., cases, 371, 3/11/19. Machinists, 75 cents: National Refining Co., Coffeyville, Kans., ,97, 8/2S/1S. 72 cents: umpire's award in Worthington Pump & Machinery Corporation, Cudahy, Wis., 163, 12/20/18; A. H. Petersen Manufacturing Co., Mil- waukee, Wis., 320, 3/14/19. 70 cents: umpire's award in National Marine Engine Co., Scranton, Pa., 87.}, 5/7/19. 68 cents: Westfield Manufactur- ing Co., Westfield, Mass., 908, 4/11/19. Machinists employed by newspaper publishers, 90 cents ($7.20 per day of 8 hours) : Newspaper Publishers, New York, N. Y., 637, 1/15/19. for specialists, Specialists, 65 cents: Midvale Steel & Ordnance Co.. Nicetown, Pa., 129, 2/11/19. 56 cents: umpire's award in Worthington Pump & Machinery Corporation. Cudahy, Wis., 163, 12/20/18; A. H. Petersen Manufacturing Co., Milwaukee, Wis., 320, 3/14/19. 52 cents: recommended in B. F. Stur- tevant Co., Boston, Mass., 393, 1/30/19. Specialists, under tico years' experience, //# cents: orer two years, .'/5 cents; orcr three years, 50 cents: Waynesboro, Pa., cases, 40, 7/il/lS; umpire's award in Chambersburg, Pa., cases, 371, 3/14/19. Specialists and handy men, 56 cents: recommended by board by majority vote in Minneapolis Steel & Machinery Co., ./,, 1/30/19. Building trade laborers, 55 cents: Hod Carriers' Union, 104, 1/15/19. This rate was being paid to unskilled and semi-skilled laborers by way of compromise pending the decision of the board and the board decided that it should remain in force. and in other lines of work, Paper makers: Newsprint Paper, 35, 6/27/18, sup., 1/28/19. Teamsters, etc.: Sloss-Sheflield Steel & Iron Co., 12, 7/31/18; Waynesboro, Pa., cases, 40, 7/11/18; umpire's award in Chambersburg, Pa., cases, 37 /, 3/11/19; Municipal Gas Co., 1041, 4/30/19. Laundry workers: Little Rock, Ark., Laundries, 233, 11/9/18. Clerical workers: General Electric Co., Schenectady, 127 sup., 11/22/18. Storeroom clerks and timekeepers, 52 cents: recommended by board by majority vote in Minneapolis Steel & Machinery Co., 46, 4/11/19; in St. Paul Foundry Co., 570. 4/11/19; and in American Hoist Derrick Co., 571, 4/11/19. REPORT SECRETARY NATIONAL WAR LABOR BOARD. 103 Fire fighters: Fire Fighters of Jackson, Miss., 7^7, 3/26/19. Meat ("litter*, $25.00 per week; grocery clerks and rfr/rer.v, $23.00 per week: Meat Cutters of East St. Louis, 111., 829, 3/4/19. Variom employees of the National Refining Co., .97, 8/28/18; Corn Prod- ucts Refining Co., .130, 11/21/18; Waynesboro, Pa., 40, 7/11/18; Crown Cork & Seal Co., 830, 2/11/19; Chambersburg, Pa., 37.1, 3/11/19. In 830 there was simply a recommendation. See also Commonwealth Steel Co., 472. 11/9/18. Wages were also increased in cases which are cited in section entitled Wage Increases (p. 95). The board has also named minimum wages to be paid to women who were engaged in particular occupations. Clerical workers aged IS or over, $16.50 per week, (about 84 cents per hour) : General Electric Co., Schenectady, N. Y., 127 sup., 11/22/18. Cashiers and other female help, $15.00 per week: Meat Cutters or Enst St. Louis, 111., 829, 3/4/19. $10.50 per ireek for scrub -women who worked two and a half hours early in the morning and two and a half hours early in the evening: General Electric Co., Schenectady, N. Y., 127, 7/31/18. See also under Street railway cases, section on Minimum Wages for Other Employees, concerning minimum wages for women (p. 111). PROVISIONS FOR MORE OR LESS THAN MINIMUM RATES*. Moreover, it has established higher rates for overtime work. Under title of Hours of Labor see section on Payment for Overtime (p. 80). for night work, 5 per cent hiahcr than da]/ work: General Electric Co., Pittsfield, 10, 7/31/18; General Electric Co., Schenectady, 127, 7/31/18; Pollak Steel Co., 102, 8/21/18 ; umpire's award in Worthington Pump & Machinery Corpora- tion, Cudahy, 163, 12/20/18; umpire's award in Madison Machinists, 195, 2/18/19; Walworth Manufacturing Co., 274, 3/6/19; umpire's award in Chambersburg, Pa., cases, 371, a/12/19. See also Machinists, Philadel- phia, 400. 12/20/18; Steacy-Sclimidt Manufacturing Co., 45.',, 4/11/19; Lancaster, Pa., cases, 873 to 877, 4/11/19. and for special services, Under title Hours of Labor (p. 79) see sections on Sundays and Holidays, Guarantee of Minimum Number of Hours (p. 84), Payment for Overtime (p. 80), Street Railway Hours (p. 85). Under Street Railway Cases see section on Provisions for More or Less than Minimum Rates (p. 112). In Wharton Steel Co., 7.98, 3/14/19, the board awarded 50 cents per day extra pay to men while they were engaged in sinking shaft or winze. In Carpenters of Denver, Colo., 538, 12/19/18, the workers were awarded nine hours pay for eight hours work because of the isolated location of the operations upon which they were employed. In Louisville Gas & Electric Co., 1050, 4/11/19, workers who were construct- ing a transmission line from Louisville, Ky., to a camp 30 miles distant were awarded payment for time actually spent in going from their homes to the jobs and returning from their jobs to their homes. than were to be paid for the usual daily work. On the other hand, it has provided that the minimum rates estab- lished by it shall not apply to those who, by reason of old age or permanent physical incapacity, are unable to perform a normal day's work, St. Louis Car Co. // a, 10/11/18; Willys-Overland Co., 95. 10/11/18; Reading Iron Co., 418, 11/19/18; umpire's award in Worthington Pump & Machinery Corporation. Cudahy, 163, 12/20/18; umpire's award in Madison Machinists, 195, 2/18/19 ; umpire's award in Chambersburg, Pa., cases, 371, 3/11/19; Machinists, Hamilton, Ohio, 978, 4/10/19; recom- mendations in the following cases: Carpenter Steel Co., 913, 2/12/19; 104 REPOKT SECRETARY NATIONAL WAR LABOR BOARD. Steacy-Schmidt Manufacturing Co., 454, 4/11/19; Lancaster, Pa., cases 873 to 877, 4/11/19. or to inexperienced beginners or apprentices who are under 21 years of age. St. Louis Car Co., 4 a, 10/11/18; Willys-Overland Co., 95, 10/11/18; Standard Wheel Co., 176, 10/25/18 ; Little Rock Laundries, 233, 11/9/18 ; American & British Manufacturing Co., 594, 2/12/19 ; umpire's award in Chambersburg, Pa., cases, 371, 3/11/19; Machinists, Hamilton, Ohio, ,978, 4/10/19. See also General Electric Co., Pittsfield, 19, 7/31/18; Waynesboro, Pa., cases, 40, 7/31/18; General Electric Co., Schenectady, 127, 7/31/18; Bridgeport Munition Workers, 132, 8/28/18; St. Louis Coffin Co., 258, 11/19/18; recommendations in Steacy-Schmidt Manufac- turing Co., 454, 4/11/19, and in Lancaster, Pa., cases, 873 to 877, 4/11/19. Minimum rates for women who were apprentices or new employees were established in Standard Wheel Co., 176, 10/25/18. See also the pro- visions as to minimum wages for women in section on Minimum Wages for Plant (p. 97). So also, in the General Electric Co., Schenectady, award, 127, 7/31/18. the board established a lower minimum wage for scrub women, who worked two and a half hours early in the morning and two and a half hours early in the evening, than the general minimum wage for women employees in the plant. CLASSIFICATION. As regards machinists, classification has been granted directly in a few cases, Worthington Pump & Machinery Corporation, East Cambridge, 14, 7/11/18, sup., 10/24/18 ; Waynesboro, Pa., cases, 40, 7/11/18 ; by agreement in New York Central Iron Works Co., Hagerstown, 297, 9/26/18 ; umpire's award in Worthington Pump & Machinery Corporation, Cudahy, 163, 12/20/18; Midvale Steel & Ordnance Co., 129, 2/11/19; umpire's award in Chambersburg, Pa., cases, 371, 3/11/19 ; A. H. Petersen Manufacturing Co., 320, 3/14/19 ; umpire's award in National Marine Engine Co., 674, 5/7/19; recommendations by board by majority vote in Minneapolis Steel and Machinery Co., 46, 4/11/19; in St. Paul Foundry Co., 570, 4/11/19, and in American Hoist & Derrick Co., 57 1, 4/11/19. while in other cases it has been granted indirectly by basing the awards upon awards by other departments of Government which had granted classification. Bethlehem Steel Co., 22, 7/31/18 ; Philadelphia Machinists, 400, 12/20/18. See also umpire's award in Worthington Pump & Machinery Corporation, Cudahy, 163, 12/20/18. In certain other cases the board has referred the question to com- mittees which were created under the auspices of the board. Newsprint Paper, 95, 6/27/18, sup., 7/26/18, sup.. 1/28/19; Bridgeport Mu- nition Workers, 132 Interpretation, 9/4/18; St. Louis Coffin Co., 2,58, 11/19/18 ; Aroostook Paper Co., 21 a, 1/15/19 ; B. F. Sturtevant Co., 393, 1/30/19. PIECEWORK AND BONUS. The board has repeatedly refused to abolish the piecework system. Waynesboro cases, 40, 7/31/18; St. Louis Coffin Co., 258, 11/19/18; Wai- worth Manufacturing Co., 274, 3/6/19; umpire's award in Chambers- KEPORT SECRETARY NATIONAL WAR LABOR BOARD. 105 burg cases, 577, 3/11/19. See also recommendations in Kmerson-Brant- ingham Co., Batavia, 111., 106, 1/29/19, and in Uussell Motor Car Co., 122, 3/4/19. It has, however, provided for the revision of piece rates ; Bethlehem Steel Co., 22, 7/31/18: St. Louis Car Co., J, a, 10/11/18; Corn Products Refining Co., 130, 11/21/18; Walworth Manufacturing Co., 274, 3/6/19. See also St. Louis Coffin Co., 258, 11/19/18. In 274 it was recommended that " piece-rate workers be guaranteed the minimum hourly rate for time lost in waiting for materials, etc., due to circumstances beyond the worker's control." Consider also 22 on this point. it has sometimes increased those rates; General Electric Co., Pittsfield, 19, 7/31/18 ; General Electric Co., Schenec- tudy, 127, 7/31/18; Molders, Warren, Ohio, 437, 1/8/19; Wilkesbarre cases, 638, 2/20/19. In Minneapolis Steel & Machinery Co., 46, 4/11/19; in St. Paul Foundry Co., 570, 4/11/19; and in American Hoist & Derrick Co., 57.?, 4/11/19, the readjustments recommended did not apply to piece rates. and it has provided that there should be no reductions in earnings by reason of the award, Bethlehem Steel Co., 22, 7/31/18 ; Corn Products Refining Co., 130, 11/21/18 ; Madison Machinists, 195, 2/20/19. See also Midvale Steel & Ordnance Co., 129, 2/11/19; Minneapolis Steel & Machinery Co., 46, 4/11/19; St. Paul Foundry Co., 570, 4/11/19; American Hoist & Derrick Co., 511, 4/11/19. and no reduction in piece rates during the w ar. General Electric Co., Pittsfield, 19, 7/31/18; Bethlehem Steel Co., 22, 7/31/18. No reduction during the war " except by mutual agreement through representative conferences on the basis of collective bargaining between the parties to whom this award applies:" St. Louis Car Co., 4 a. 10/11/18. Where minimum wages have been established in a plant their pro- tection has, of course, extended to the piece-rate workers. St. Louis Car Co., 4 , 10/11/18 ; Midvale Steel & Ordnance Co., 129, 2/11/19 ; Madison Machinists, 195, 2/18/19; Wilkesbarre cases, 638, 2/20/19 ; umpire's award in Chambersburg cases, 371, 3/11/19. See also Bethlehem Steel Co., 22, 7/31/18; recommendation in Emerson-Brantinghain Co., Batavia, 111., 106, 1/29/19. It is recommended that " piece-rate workers be guaranteed the minimum hourly rate for time lost in waiting for ma- terials, etc., due to circumstances beyond their control :" Walworth Manu- facturing Co., 274, 3/6/19. It has provided that " In the fixing of piece rates provision should be made for overtime payment such as is now made in the case of time workers." Bethlehem Steel Co., 22, 7/31/18. ' ; In calculating the overtime rate for piecework, the piece rate shall be used as a basis and not the day rate. Provided, That this change from former practice shall be found by the supervising examiner to be impracticable or subject to abuse, he may direct a return to former practice and fix adequate proportionate day rates upon which all overtime shall be calculated." General Electric Co., Schenectady, 127', 7/31/18. 106 KEPORT SECRETARY ^ATIO^AL WAR LABOR BOARD, In some cases it has held that " all bonuses now paid by the com- pany shall be considered wages in computing the amount of increase due each employee ; " General Electric Co., Schenectady, 127 sup., 11/22/18. See also 127, 7/31/18. " In estimating present day and piece rates the 12} per cent bonus and the 2 per cent attendance bonus shall be continued and re- garded as wages : " General Electric Co., Pittsliekl, 19, 7/31/18. while in other cases in which it has granted increases in rates it has decided that " all bonus and premium payments heretofore in effect may be abolished by the company." Reading Iron Co., 416, 11/10/18. See also Bethlehem Steel Co., 22, 7/31/18; Machinists, Philadelphia. 400. 12/20/18; Madison Machinists, 7. r >.7, 2/18/19. In Bethlehem Steel Co. the board criticized the bonus system in operation in the plant and declared that it should be entirely revised or eliminated. Compare Waynesboro, Pa., cases, 40, 7/31/18, where tho request of the employees that all piecework and premium work be abol- ished was denied. In Union Carbide Co., 174, 1/15/19, where the company had been giving to punctual employees an attendance bonus which amounted to 60 hours pay for 55 hours work, the board increased the hourly rate 10 per cent but provided that the hours of labor should " continue MS at present " and that " The production and attendance bonuses earned by the em- ployees are not to be computed as a part of the basic rate. From and after the date of this award, it is optional with the company as to the contin- uance of the attendance and production bonuses.'' See further on this case in section entitled Other Awards on Hours (p. 76). "The Section decides that if the bonus paid over and above the WM .; scale agreed to by the employers and employees was a voluntary con- tribution to the men on the part of the companies, and in making this contribution or bonus the employers stated that it was to continue until further notice, the workmen are not entitled to the bonus in addition to the wage award made by the National War Labor Board unless the em- ployers desire to continue it as a voluntary act as was done prior to this dispute arising. The Section also finds on account of the notices posted by the employers that the bonus would continue until further notice, that they are morally bound to pay this bonus to the men until such notice is given to the men of the discontinuance, and that no part of tho bonus shall be deducted from the wages of the men or the retroactive money that was earned and due the ir.en by the award : " Newsprint Paper, 35, Tntrrpretation, 7/26/18. "The award of the National War Labor Board neither deals with nor recognizes bonuses, or other forms of gratuities, as constituting part of the minimum wage scale adopted as the basis for establishing uniform wages for the classifications enumerated in the mills. Any bonus or gratuity paid by the International Paper Company or by any other mil} shall be wholly disregarded in the computation of the arrears of wages accruing to employees under the award : " Newsprint Paper, 35, Deci- sion of Unwiw., 1/28/19. TIME AND MANNER OF PAYMENT. A few of the awards and recommendations deal with the time and the manner of paying the workers. Thus, it has been decided that payment should be made weekly, Waynesboro, Pa., cases, 40, 7/11/18; Northern Indiana Gas & Electric Co., 45, 11/22/18; by agreement in (lorn Products Refining Co., ISO, 11/21/18; recommendations in Steacy-Schmidt Manufacturing Co., 454> 4/11/19, and in Lancaster, Pa., cases, 873, 4/11/19. REPORT SECRETARY NATIONAL WAR LABOR BOARD. 107 upon company's time, Waynesboro, Pa., cases, J/0, 7/11/18 ; recommendations in Steacy-Schmidt Manufacturing Co., //J//, 4/11/10, and in Lancaster, Pa., cases, 873, 4/11/19. and that no more than two days' pay, Recommendations in Steacy-Schmidt Manufacturing Co., J t 5-'t, 4/11/19, and in Lancaster, Pa., cases, 875, 4/11/19. or three days' pay, Waynesboro, Pa., cases, 40, 7/11/18. should be retained ; while in one case St. Louis Car Co., J f a, 10/11/18. the parties agreed upon semimonthly pay days and cash payments and this agreement was made a part of the award. On the other hand, in Tennessee Copper Co. 1028, 4/10/19. the pay days were fixed by State law and no change was recom- mended by the board. In several cases the board has recognized the right of employees to necessary expenses when sent away from their home stations ; National Refining Co., 97, 8/28/18; Sinclair Refining Co., 39J, 11/20/18; Spokane & Inland Empire Railroad Co., 503, 3/27/19. Compare Montana Power Co., 583, 2/13/19. 503 and 583 deal specifically with board and lodging. but it has also sustained the practice of companies which maintained camps in charging the men in those camps definite sums, which were passed upon by the board and approved by it as reasonable, for board and lodging; t See citations in section on Protecting Health and Safety of Workers (p. 67). and the joint chairmen as arbitrators approved of definite deduc- tions from wages in order to supply a physician and to maintain a school. Sloss-Sheffield Steel Iron Co., 12, 7/31/18. The company charged against the employees $1.00 per month for a physician and 50 cents per month for the maintenance of a school. " The arbitrators find that under the conditions prevailing in the neighborhood this is practically the only way of securing medical service and proper educational facilities. The obligation upon the company to select a physician with care and to see to the proper administration of the school fund thus created is obvious and should be strictly fulfilled. The arbitrators do not find the charge for a physician is unreasonable, if proper medical service is rendered. The total sum collected from all employees should secure a competent physician and surgeon and proper medical equip- ment. Indeed, the establishment of a small hospital, it seems to the arbitrators, would not be unreasonable." In the case last cited, however, it was necessary to direct the discontinuance of the practice, admitted by the company to exist, under which 20 per cent discount had been exacted from advances to employees. "It is hoped that the increase in wages herein allowed will prevent tho necessity of frequent applications for these advances, but, if made, no discount should be charged." 108 REPORT SECRETARY NATIONAL WAR LABOR BOARD. QUESTIONS REFERRED TO COMMITTEES. We have already seen that in a number of instances the board has ]eft problems concerning wages to collective bargaining between the parties. Under Right to Organize see section on Duties of Committees (p. 61). To such action it has at times committed such problems as classi- fication, minimum rates, wage scales, payment for overtime, pay- ment for special services, and payment of less than established mini- mum rates to persons physically incapacitated or to some beginners. For example, in Carpenter Steel Co., 913, 2/12/19, it said, " The product of the establishment involves such varied and complicated operations, and consequent multitudinous schedules, an equitable adjustment of the wages of all employees involved can be accomplished only by conference between the management and the committees above contemplated, who are alone familiar with all the conditions, and the board finds that wages shall be adjusted by conferences between the management and such committees of employees." III. STREET II AIL WAY CASES. MOTORMEN AND CONDUCTORS. The wages awarded to motprmen and conductors by the board or by the joint chairmen as arbitrators have ranged from 36 cents for the first three months of service, 38 cents for the next nine months and 40 cents thereafter up to an award of 61 cents, 63 cents and 65 cents for similar periods of service. The lowest awards were for southern lines, while the highest award was for Butte, Montana. First three months, 36 cents: next nine months, 38 cents: thereafter, cents: Memphis Street Railway Co., Memphis, Tenn., 205, 10/24/18; Charleston Consolidated Railway & Lighting Co., Charleston, S. C., 695, 11/20/18; Georgia Railway & Power Co., Atlanta, Ga., 159, 12/5/18; Knoxville Railway & Light Co., Knoxville, Tenn., 251, 1/15/19. 38 cents, 40 cents, 42 cents: Joplin & Pittsburg Railway Co., Joplin, Mo., and Pittsburg, Kans., 23, 7/31/18; Cleveland, Southwestern & Columbus Railway Co., Elyria, Ohio, 157, 7/31/18 ; New Orleans Light & Power Co., Hew Orleans, La., 98, 7/31/18, 10/24/18; Galesburg Railway, Lighting & Power Co., Galesburg, 111., 109, 7/31/18, 109 sup., 12/5/18 ; Pennsylvania- New Jersey Railway Co., Trenton, N. J., 131, 7/31/18; Cleveland & East- ern Traction Co., Cleveland, Ohio, 167, 7/31/18 ; Cleveland, Painesville & Eastern Railroad Co., Cleveland, Ohio, 193, 7/31/18; Kansas City & Western Railway Co., Leaven worth, Kans. (city limits), 93, 10/24/18; Auburn & Syracuse Electric Railroad Co., Auburn, N. Y. (city lines), 203, 11/20/18; Syracuse Suburban Railway Co., 279, 11/21/18; Empire State Railroad Corporation, Syracuse, N. Y. (city lines), 289, 11/21/18; Cin- cinnati, Milford & Loveland Traction Co., Cincinnati, Ohio, 410, 11/22/18 ; Ottumwa Railway & Light Co., Ottumwa, Iowa, 268, 12/5/18; Toledo, Bowling Green & Southern Traction Co., Findlay, Ohio (city lines), 527, 12/5/18; Ohio Electric Railway Co., Lima City Lines, 296, 1/15/19; Ohio Electric Railway Co., Zanesville Lines, 627 a, Newark Lines (as to city lines), 627 c, 1/15/19; St. Joseph Railway, Light, Heat & Power Co., St. Joseph, Mo., 950, 2/4/19 ; recommendation in Louisville & Northern Railway & Lighting Co., New Albany, Incl. (as to motormen on city lines), 555, 4/10/19. 38 cents, 40 cents, 43 cents: Toledo, Bowling Green & Southern Traction Co., Findlay, Ohio (interurban lines), 527, 12/5/18. $9 cents, 41 cents, 43 cents: Lewiston, Augusta & Waterville Street Railway Co., Augusta, Me., 448, 11/20/18; Cleveland & Erie Traction Co., Girard, Pa. (an interurban line), 631, 2/4/19. REPORT SP:CRETARY NATIONAL WAR LABOR BOARD. 109 41 cents, 42 cents, 43 cents, established by the company after the hearing be- fore the examiner, declared by the board to be a just wage: Reading Transit & Light Co., Norristown Division, Reading, Pa., 550, 2/4/19. 41 cents, 4$ cents, 4$ cents: Scran ton Railway Co., Scranton, Pa., 42, 7/31/18; East St. Louis Lines, East St. Louis, 111., 43, 7/31/18; Schenec- tady Railway Co., Schenectady, N. Y., 44, 7/31/18; Evanston Railway Co., Evanston, 111., 59 c, 7/31/18; Public Service Railway Co., Newark, N. J., 69, 7/31/18; New York State Rys. (Rochester, Syracuse, Utica), 120, 7/31/18; Columbus Railway, Power & Light Co., Columbus, Ohio, 146, 7/31/18 ; Omaha & Council Bluffs Street Railway Co., Omaha, Neb., 154, 7/31/18; Kansas City & Western Railway Co., Leavenworth, Kans. (internrban), 93, 10/24/18; Dayton Street Railway Co., Dayton, Ohio, 150, 10/24/18; Philadelphia Railways Co., Philadelphia, Pa., 442, 10/24/18 ; East St. Louis, Columbia & Waterloo Railway, East St. Louis, 111., 175, 11/20/18; Cumberland County Power & Light Co., Portland, Me., 432, 11/20/18; Syracuse Northern Electric Railway, 246, 11/21/18; Empire State Railroad Corporation, Syracuse, N. Y. (interurban lines), 289, 11/21/18 ; Cincinnati, Lawrenceburg & Aurora Electric Street Railroad Co., Cincinnati, Ohio, 407, 11/22/18 ; Cincinnati & Columbus Traction Co., 409, 11/22/18; Bay State Street Railway Co., Boston, Mass., 634, 12/4/18; Buffalo & Lake Erie Traction Co., Erie, Pa., 628, 12/5/18 ; Ohio Electric Railway Co., Lima Interurban Lines, 627, Springfield Interurban Lines, 627 &, Newark Lines (as to interurban lines), 627 c, 1/15/19; Louisville Railway Co., Louisville, Ky., 414> 2/4/19 ; recommendations in the follow- ing cases : Spokane & Inland Empire Railroad Co., 503, 3/27/19 ; Pacific Electric Railway Co., Los Angeles, Calif, (as to city street car passenger service), 214, 4/9/19; Louisville & Northern Railway & Lighting Co., New Albany, Ind. (as to interurban lines), 555, 4/10/19; Los Angeles Railway Corporation, Los Angeles, Calif., 753, 4/10/19. 42 cents, 44 cents, J t 6 cents: Louisville Interurban Railway Co., 414 a, 2/4/19; Pacific Gas & Electric Co., Sacramento, Calif., 1125, 4/10/19. 42 cents, 44 cents, 47 cents: Boston & Worcester Street Railway Co., Framingham, Mass., 851, 1/15/19. 43 cents, 46 cents, 48 cents: Cleveland Railway Co., Cleveland, Ohio, 31, 7/31/18; Detroit United Railway Co., Detroit, Mich., 32, 7/31/18; Chi- cago Surface Lines, Chicago, 111., 59 a, 7/31/18 ; Chicago & West Towns Railway Co., Chicago, 111., 59 I), 7/31/18; International Railway Co., Buffalo, N. Y., 152, 7/31/18; Rhode Island Co., Providence, R. I., 180, 10/2/18; Boston Elevated Railway Co., Boston, Mass., 181, 10/2/18; Kansas City Railways Co., Kansas City, Mo., and Kansas City, Kans., 265, 10/24/18; Denver Tramway Co., Denver, Colo., 173, 11/20/18; Cin- cinnati Traction Co., Cincinnati, Ohio, 408, 11/21/18; by agreement in Washington Railway & Electric Co., Washington, D. C., 1049, 3/25/19; San Francisco-Oakland Terminal Railways (as to Traction Division), 610, 4/10/19. 43$ cents, 45$ cents, 47% cents: recommended in Pacific Electric Railway Co., Los Angeles, Calif, (as to interurban passenger service), 214, 4/9/19. 45 cents, 48 cents, 50 cents: San Francisco-Oakland Terminal Railways (as to Key Division), 610, 4/10/19. 46 cents, J,8 cents, 5t) cents: Portland Railway, Light & Power Co., Portland, Ore., 72, 10/24/18. 61 cents, 63 cents, 65 cents: Butte Electric Railway Co., Butte, Mont., 271, 11/20/18. In Savannah Electric Co., Savannah, Ga., 748, 12/17/18, the company paid for the first year 38 cents, second, 39, third, 40, fourth, 41, fifth and there- after, 42, and offered to substitute a \vage of first three months, 36 cents, next nine months, 38 cents, and thereafter, 40 cents, if the men so desired. The board made no change in the wage scale. In San Diego Electric Railway Co., San Diego, Calif., 452, 4/10/19, the company paid motormen and conductors 40 cents for the first year and 45 cents thereafter. The board approved the wages and suggested no increase. The rates were fixed for the period of the war only, and therefore there was substituted for more extended graduation of rates by years a shorter period for the increases. 110 REPORT SECRETARY NATIONAL WAR LABOR BOARD. PERCENTAGE INCREASES FOR OTHER EMPLOYEES. When the wages of niotormen and conductors have been increased the same percentage of increase has frequently been awarded to other employees whose claims had been submitted' for adjudication; See the street railway cases on Minimum wages ; Philadelphia Railways Co., 442, 10/24/18 ; and cases in next note. By agreement between the company and the employees the award in Bay State Street Railway Co., 634, 12/4/18, contains this unusual provision, " The aggregate wage now paid to each classification, other than motormeii and conductors, which is before the board for fixation, shall be increased by the same percentage that the maximum of the wage scale paid to motormeii and conductors is increased by the award, and this aggregate amount of the increases is to be distributed among the individuals in the classification by agreement of the joint committee of the employ w< and the company that is now readjusting the classifications and the rates therein, and in case of failure to reach an agreement the matter shall be referred to the board for settlement." Immediately after this award the committee reclassified the miscellaneous employees. There had been, for instance, about 20 different rates of pay per hour for pitmen and even more for carpenters. After reclassification there were only two rates for pitmen and only two rates for carpenters. The percentage increase in New Orleans Railway & Light Co., 93, 7/31/13, was changed 10/24/18 to an increase of 10 cents an hour. but in the more recent cases in making such percentage increases it is expressly stated that this portion of the award does "not apply to such employees who are already receiving union craft rates nor operate to increase wages beyond such rates.'' Boston Elevated Railway Co., 181, 10/2/18: Portland Railway, Light & Power Co., 72, 10/24/18; New Orleans Railway & Light Co., ,98, 10/24/18; Dayton Street Railway Co., 150, 10/24/18; Denver Tramway Co.. 173, 11/20/18 ; Auburn & Syracuse Electric Railroad Co., 203, 11/20/18 ; Cum- berland County Power & Light Co., 432, 11/20/18; Lewiston, Augusta & Waterville Street Railway Co., 448, 11/20/18 ; Syracuse Northern Electric- Railway, 246, 11/21/18 ; Rochester & Syracuse Railway Co., 278, 11/21/18 ; Empire State Railroad Corp., 289, 11/21/18; Cincinnati Traction Co., 408, 11/21/18; Cincinnati & Columbus Traction Co., 409, 11/22/18; Cin- cinnati, Milford & Loveland Traction Co., 410, 11/22/18 ; Bay State Street Railway Co., 634, 12/4/18; Georgia Railway & Power Co., 139, 12/5/18: Toledo, Bowling Green & Southern Traction Co., 527, 12/5/18; Buffalo & Lake Erie Traction Co.. 628, 12/5/18; Knoxville Railway & Light Co., 251, 1/15/19; Boston & Worcester Street Railway Co., 851, 1/15/19: Louisville Railway Co., 414, Louisville Interurban Railroad Co., 414. a, 2/4/19, 4/11/19; St. Joseph Railway, Light, Heat & Power Co., 050, 2/4/19. See also Ohio Electric Railway Co., Lima Interurban Lines, 627, Springfield Interurban Lines, 627 b, Newark Lines, 627 c, 1/1.1/19; Lo.< Angeles Railway Corp., 753, 4/10/19. On this point compare the terms of the award in New Orleans Railway ?'-. Light Co., 98, 7/31/18, with the reasons given for revising that award 10/24/18 and the terms of the revised award. The provision quoted in the text does not necessarily call for the raising of the wages of the other employees up to the union craft rates: Appeal from Examiner's In- terpretation, New Orleans Railway & Light Co., ,08, 12/17/18. MINIMUM WAGES FOR OTHER EMPLOYEES. A minimum wage lias also been awarded to these other employees. It has usually been 42J cents or 42 cents per hour. 44 rents: Portland Railway, Lighl Power Co., Portland. Ore., 72, 10/24/18. 42* cent*: Scranton Railway Co., Scranttm, P.M., 4--, T/ol/'lS; East St. Ixnii-i Lilies, East St. Louis, III, 43, 7/31/18; Schenectady Railway Co., Schenec- REPORT SECRETARY NATIONAL, WAR LABOR BOARD. Ill tady. N. Y., .'/'/, 7/:il/1S; Chicago & West Towns Railway Co., Chicago, 111., 59 I, 7/31/18; Evanston Railway Co., Evanston, 111., 59 c, 7/31/18; New York State Railways (Rochester, Syracuse', Utica), 120, 7/31/18; Columbus Railway. Power & Light Co., Columbus, Ohio, 146, 7/31/18; International Railway Co., Buffalo, N. Y., 153, 7/31/18; Omaha & Council Bluffs Street Railway Co., Omaha, Neb.. 154, 7/31/18; Rhode Island Co., Providence, R. I., 180, 10/2/18; Boston Elevated Railway Co., Boston. Mass., 181, 10/2/18; Dayton Street Railway Co., Dayton, Ohio, 150, 10/24/18; Kansas City Railways Co., Kansas City, Mo., and Kansas City, Kans., 265. 10/24/18; Detroit United Railway Co., Detroit, Mich., 32 sup., 11/20/18; Denver Tramway Co., Denver, Colo.. 173, 11/20/18 : East St. Louis, Columbia & Waterloo Railway, East St. Louis, 111., 115, 11/20/18; Cumberland County Power & Light Co., Portland, Me., 482, 11/20/18 ; Lewiston, Augusta & Waterville Street Railway Co., Augusta, Me.. 448, 11/20/18; Cincinnati Traction Co., Cincinnati, Ohio, 408, 11/21/18; Cincinnati & Columbus Traction Co., 409, 11/22/18; Bay State Street Railway Co., Boston, Mass., 634. 12/4/18; Buffalo & Lake Erie Traction Co., Erie, Pa., 6.28, 12/5/18; Knoxville Railway Light Co., Knoxville, Tenn., 251, 1/15/19; Boston & Worcester Street Railway Co., Framing-ham, Mass., 851, 1/15/19; recommendation in Los Angeles Railway Corporation, Los Angeles, Calif., 75.?, 4/10/19. 42 cents: Joplin & Pittsbnrg Railway Co., Joplin, Mo., and Pittsburg, Kans., 23, 7/31/18; Cleveland, Southwestern & Columbus Railway Co., Elyria, Ohio, 57, 7/31/18; Chicago Surface Lines, Chicago, 111., 59 a, 7/31/18; New Orleans Light & Power Co., New Orleans, La., 98, 7/31/18 (which, however, was changed on 10/24/18 to 38 cents) ; Pennsylvania-New Jersey Railway Co., Trenton, N. J., 131, 7/31/18 ; Auburn & Syracuse Electric Railroad Co., Auburn, N. Y., 203, 11/20/18; Syracuse Northern Electric Railway, 246, 11/21/18; Rochester & Syracuse Railroad Co., Syracuse, N. Y., 78, 11/21/18 ; Empire State Railroad Corp., Syracuse, N. Y., 28,0, 11/21/18 ; Cincinnati, Milford & Loveland Traction Co., Cincinnati, Ohio, 410, 11/22/18 ; Toledo, Bowling Green & Southern Traction Co., Findlay, Ohio, 527. 12/5/18; Cleveland & Erie Traction Co. (an interurban line), Girard, Pa., 631, 2/4/19; St. Joseph Railway, Light, Heat & Power Co., St. Joseph. Mo., 950, 2/4/19. See also Ohio Electric Railway Co., Lima Interurban Lines, 627, Springfield Interurban Lines, 627 5, Newark Lines, 627 c, 1/15/19. 40 cents: Louisville Railway Co., Louisville, Ky., 414, 2/4/19; Louisville Interurban Railroad Co., Louisville, Ky., 414 a., 2/4/19; United Traction Co., Albany, N. Y., ,96, 7/31/18. Because of peculiar exigencies in the Louisville cases the award was modified by the examiner as to specified occupations, and this modification was approved by the board. In the Albany case 40 cents was the highest limit under the submission agree- ment. 38 cents: New Orleans Railway & Light Co., New Orleans, La., ,98, 10/24/18. 36 cents: Georgia Railway & Power Co., Atlanta, Ga., 159, 12/5/18; Knox- ville Railway & Light Co., 251, 1/15/19. See also Memphis Street Rail- way Co., Memphis, Tenn., 205, 10/24/18. 35 cents as to some occupations: Louisville Railway Co., Louisville, Ky., 414, Louisville Interurban Railroad Co., Louisville. Ky., 4^4 # as modi- fied with approval of board 4/11/19. In a few instances the board has awarded lower minimum wages for particular occupations in which women were employed; Women turn fit He operators and cashiers, 32 cents for first three months of service, 33 cents for next nine months, 35 cent* thereafter: Philadelphia Railways Co., Philadelphia, Pa., 442. 10/24/18. Women collectors. 40 cents: Boston Elevated Railway Co., Boston, Mass., 181 sup., 12/5/18. $75.00 per month ffmiranteerf minimum: Kansas City Railways Co., Kan. SMS City, Mo., and Kansas City, Kans., 265. 10/24/18. yet when men and women are performing similar work under similar circumstances the women are entitled to par equal to that of the men. See citations under Women in Industry (p. 09). 112 KEPOKT SECRETARY NATIONAL WAR LABOR BOARD. SPECIFIC AWARDS FOR SOME OTHER EMPLOYEES. Wages have also been established for trainmen on interurban lines, In addition to the cases named above in which the wages of motorrnen and conductors on interurban lines differed according to experience, flat rates were named for interurban trainmen in East St. Louis Lines, 43, 7/31/18; Schenectady Railway Co., 44, 7/31/18; New York State Railways, 120, 7/31/18; East St. Louis, Columbia & Waterloo Railway, 175, 11/20/18 ; Auburn & Syracuse Electric Railroad Co., 203, 11/21/18 ; Portland Railway, Light & Power Co., 210, 11/21/18, modified by agree- ment 1/15/19. See also International Railway Co.> 152, 7/31/18. for elevated railway employees, Chicago Elevated Railways Co., 59 a, 7/31/18; Boston Elevated Railway Co., 181, 10/2/18, sup., 12/5/18, sup., 1/15/19; Philadelphia Railways Co., 442, 10/24/18. for freight train operators, International Railway Co., 152, 7/31/18; East St. Louis, Columbia & Waterloo Railway, 175, 11/20/18; Auburn & Syracuse Electric Railroad Co., 203, 11/21/18 ; Portland Railway, Light & Power Co., 210, 11/21/18, modified by agreement 1/15/19; recommendation in Pacific Electric Railway Co., 214, 4/9/19. for substation operators and repair men, Rochester & Syracuse Railroad Co., 278, 11/21/18. and for other street railway and interurban railway employees. Public Service Railway Corp., 69, 7/31/18; Memphis Street Railway Co., 205, 10/24/18; Kansas City Railways, 265, 10/24/18; Detroit United Railway Co., 32 sup., 11/20/18; Portland Railway, Light & Power Co., 210 sup., 1/15/19; Louisville Railway Co., 414, Louisville Interurban Railroad Co., 414 a, 4/11/19 ; recommendation in Pacific Electric Railway Co., 214, 4/9/19; San Francisco-Oakland Terminal Railways, 610, 4/10/19, in the last of which brakemen on one division were awarded 43 cents, 46 cents, 48 cents, according to length of service. PROVISIONS FOR MORE OR LESS THAN MINIMUM RATES. The awards have also provided that " differentials paid for special services shall be continued ; " Charleston Consolidated Railway & Light Co., 695. 11/20/18; Empire State Railroad Corp., 289, 11/21/18; Cincinnati Traction Co., 408, 11/21/18; Cincinnati, Lawrenceburg & Aurora Electric Street Railroad Co.. 407, 11/22/18 ; Cincinnati & Columbus Traction Co., 409, 11/22/18 ; Cincin- nati, Milford & Loveland Traction Co., 410, 11/22/18 ; Ottumwa Railway & Light Co., 268, 12/5/18; Ohio Electric Railway Co., Lima City Lines, 296, 1/15/19; Ohio Electric Railway Co.. Springfield Interurban Lines, 627 ft, Newark Lines, 627 c, 1/15/19; St. Joseph Railway, Light, Heat & Power To., 950, 1/15/19. See also Ohio Electric Railway Co., Zanesville Lines, 627 a, 1/15/19; Boston & Worcester Street Railway Co., 851, 1/15/19. and some of them have more explicitly provided for payment higher than the standard rate to men who are operating one-man cars, 5 cents per hour additional: International Railway Co., 152, 7/31/18: Pacific Gas n 3/27/19, approved by board on 4/11/19. and expressl} 7 stated in the later awards, Denver Tramway Co., 173, 11/20/18 ; Auburn & Syracuse Electric Railroad Co., 203, 11/20/18; Cumberland County Power & Light Co., 432, 11/20/18; Lewiston, Augusta & Waterville Street Railway Co., 448, 11/20/18; Syracuse Northern Electric Railway, 246, 11/21/18; Rochester & Syra- cuse Railroad Co., #78, 11/21/18; Empire State Railroad Corporation, 289, 11/21/18; Cincinnati Traction Co., 408, 11/21/18; Cincinnati & Columbus Traction Co., 409, 11/22/18; Cincinnati, Mil ford & Loveland Traction Co., 410, 11/22/18 ; Bay State Street Railway Co., 634, 12/4/18 ; Toledo, Bowling Green & Southern Traction Co., 527, 12/5/18; Buffalo & Lake Erie Traction Co., 628, 12/5/18 ; Boston & Worcester Street Rail- way Co., 851, 1/15/19; Cleveland & Erie Traction Co., 631, 2/4/19; St. Joseph Railway, Light, Heat & Power Co., 950, 2/4/19. See also ruling in Louisville Railway Co., 4^4, Louisville Interurban Railroad Co., 414 > approved by board 4/11/19. 121338 20 8 114 BEPOUT SECRETARY ]S T ATIOXAL WAR LABOR BOARD. tli at the minimum wage per hour is to be paid up to not more than 10 Lours per day. There are also superannuated men and men partially incapacitated, and it has been ruled that these men may be paid a wage less than is fixed by the award upon agreement between the company and the men or by reference to the examiners in charge. Ruling of exr.miners in charge in The "Rhode Island Co., 180, 10/2/18. on 10/V18, and in Louisville Railway Co., 414, Louisville Intel-urban Rail- road Co., 414 a, 2/4/19, on 3/27/19, that " Employees who are incapaci- tated from doing a normal day's work by reason of age or physical dis- ability may be paid at a special rate, less than is granted by the award, by agreement between the representatives of the company and the asso- ciation. In case the parties are unable to agree, any specific case may be referred to the examiners of the National War Labor Board for a decision, which decision is subject to appeal to the arbitrators as pro- vided in the award." Such a ruling in the Lousiville cases was approved by the board. Louisville Railway Co., 414, Louisville Interurban Railroad Co., //// a, 4/11/19. See also Cincinnati Traction Co., J/08, Investigation into wage. of miscellaneous employees, 5/1/19. FINANCIAL RECOMMENDATIONS. The board, or the joint chairmen as arbitrators, in awarding In- creases in wages to employees of street railway and interurban rail- way companies has frequently said that, "This increase in wages will add substantially to the operating cost of the company and will lequire a reconsideration by the proper regulating authority of the fares which the company is allowed by law to collect from its pas- sengers." Joplin & Pittsburg Railway Co., 23, 7/31/18; Scranton Railway Co., {-.?. 7/31/1S; East St. Louis Lines, 43, 7/31/18; Schenectady Railway Co., 44, 7/31/18; Cleveland, Southwestern & Columbus Railway Co., ,'>7, 7/31/1 S; Evanston Railway Co., 59 c, 7/31/18; Public Service Railway Co., 69, 7/31/18; United Traction Co. (Albany, N. Y.>, 06, 7/31/18; New Orleans Railway & Light Co., 98; 7/31/18; Galesburg Railway, Light & Power Co., 109, 7/31/18; New York State Railways, 120, 7/31/18; Penn- sylvania-New Jersey Railway Co., 131, 7/31/18; Columbus Railway, Tower & Light Co., 146, 7/31/18 ; International Railway Co., 132, 7/31/18 ; Omaha & Council Bluffs Street Railway Co., 154, 7/31/18; Cleveland & Eastern Traction Co., 167, 7/31/18; Cleveland, Painesville & Eastern Railroad Co., 193, 7/31/18; Rhode Island Co., ISO, 10/2/18; Portland Railway, Light & Power Co., 72, 10/24/18; Dayton Street Railway .Co., 150, 10/24/18; Denver Tramway Co., 113, 11/20/18; East St. Louis, Co- lumbia & Waterloo Railway, 175, 11/20/18; Auburn & Syracuse Electric Railroad Co., 203, 11/20/18; Butte Electric Railway Co., 271, 11/20/18; Cumberland County Power & Light Co., 432, 11/20/18 ; Lewiston, Augusta & Waterville Street Railway Co., //.'/S, 11/20/18 ; Charleston Consolidated Railway & Light Co., 95, 11/20/18; Portland Railway, Light & Power Co., 210, 11/21/18 ; Syracuse Northern Electric Railway, 246, 11/21/18 ; Rochester & Syracuse Railroad Co., 278, 11/21/18; Syracuse Suburban Railroad Co., 279, 11/21/18; Empire State Railroad Corporation, 289, 11/21/18; Cincinnati, Lnwrenceburg & Aurora Electric Street Railroad Co., 407, 11/22/18; Cincinnati Columbus Traction Co., 409, 11/22/18; Cincinnati, Miiford & Loveland Traction Co., J,10, 11/22/18; Bay State Street Railway Co., 634. 12/4/18; Georgia Railway & Power Co., 159, 12/5/1S: Toledo, Bowling Green & Southern Traction Co., 527, 12/5/18; Buffalo & Lake Erie Traction Co., 628, 12/5/1 S; Ohio Electric Railway Co., Lima City Lines, 296, 1/15/19"; Ohio Electric Railway Co., Lima Intel-urban Lines, -627, Zanesville Lines. 627 a, Springfield Interurban Lines, 627 ~b, Newark Lines, 627 c r 1/15/19 ; Boston & Worcester Street Railway Co., 851, 1/15/19 ; St. Joseph Railway, Light, Heat & Power C<>., 950, 2/4/19. REPORT SECRETARY NATIONAL WAR LABOR BOARD. 115 In these cases the following words, which had been used in the Cleveland Railway Co. case, 31, 7/31/18. were made a part of the award: " We have recommended to the President that special congressional legislation be enacted to enable some executive agency of the Federal Government to consider the very perilous financial condition of this and other electric street railways of the country, and raise fares in each case in which the circumstances require it. We believe it to be a war necessity justifying Federal interference. Should this be deemed unwise, however, we urge upon the local authorities and the people of the locality the pressing need for such an increase adequate to meet the added cost of operation. " This is not a question turning on the history of the relations between the local street railways and the municipalities in which they operate. The just claim for an increase in fares does not rest upon any right to a dividend upon capital long invested in the enter- prise. The increase in fare must be given because of the immediate pressure for money receipts now to keep the street railways running so that they may meet the local and national demand for their service. Overcapitalization, corrupt methods, exorbitant dividends in the past are not relevant to the question of policy in the present exigency. In justice the public should pay an adequate war compensation for a service which can not be rendered except for war prices. The credit of these companies in floating bonds is gone. Their ability to borrow on short notes is most limited. In the face of added expenses which this and other awards of needed and fair compensation to their em- ployees will involve, such credit will completely disappear. Bank- ruptcy, receiverships, and demoralization, with failure of service, must be the result. Hence our urgent recommendation on this head." Recommendations that companies be allowed to increase their fares were also made in other cases in somewhat different language. Detroit United Railway Co., 32, 7/31/18; Chicago Surface Lines, 59 a, 7/31/18; Chicago & West Towns Railway Co., 59 &, 7/31/18; Boston Elevated Railway Co., 181, 10/2/18; Memphis Street Railway Co., 205, 10/24/18; Kansas City Railways Co., 26o, 10/24/18 (in which case it was pointed out that the proposed increase in fares was only for the period of the war) ; Ottumwa Railway & Light Co., 268, 12/5/18; Toledo, Bowling Green & Southern Traction Co., 527] 12/5/18: Knoxville Railway & Light Co., 251, 1/15/19 ; Louisville Railway Co., 414, 2/4/19 ; Louisville Interurban Railroad Co., 414 a, 2/4/19 ; Spokane & Inland Empire Rail- road Co., 503, 3/27/19. See also Georgia Railway & Power Co., LJ9, 12/5/18 ; Boston & Worcester Street Railway Co., 851, 1/15/19. In Lewiston, Augusta & Waterville Street Railway Co., 448, 11/20/18, the joint chairmen as arbitrators added, " We desire to point out to the riding public the absolute necessity of continuing the patronage of the past, if the company is to continue to give any service upon its lines. A public service corporation must be supported by the public, and if that support is withdrawn the company must of necessity either cut down its service radically or else cease operations altogether." In some cases, because of specific requests, the joint chairmen have written additional letters to the fare-regulating authorities advocat- ing careful consideration of the need for increased fares. In many communities increases in fares have been permitted because of the awards and recommendations of the board and of the joint chair- men as arbitrators. APPENDIX III PRINCIPLES AND RULES OF PROCEDURE 117 APPENDIX III. PRINCIPLES. PROCLAMATION BY THE PRESIDENT OF THE UNITED STATES, Whereas in January, nineteen hundred and eighteen, the Secretary of tabor, upon the nomination of the president of the American Federation of Labor and the president of the National Industrial Conference Board, appointed a War Labor Conference Board for the purpose of devising for the period of the war a method of labor ad- justment which would be acceptable to employers and employees ; and Whereas said board has made a report recommending the creation for the period of the Avar of a National War Labor Board with the same number of members as, and to be selected by the same agencies that created, the War Labor Conference Board, whose duty it shall he to adjust labor disputes in the manner specified, and in accord- ance with certain conditions set forth in the said report; and Whereas the Secretary of Labor has, in accordance with the recom- mendation contained in the report of said War Labor Conference Board dated March 29, 1918, appointed as members of the National War Labor Board Hon. William Howard Taft and Hon. Frank P. Walsh, representatives of the general public of the United States; Messrs. Loyall A. Osborne, L. F. Loree, W. H. Van Dervoort, C. E. Michael, and B. L. Worden, representatives of the employers of the United States; and Messrs. Frank J. Hayes, William L. Hutcheson, William H. Johnston, Victor A. Olander, and T. A. Eickert, repre- sentatives of the employees of the United States : Now, therefore. I, WOODROW WILSON, President of the United States of America, do hereby approve and affirm the said appointments and make due proclamation thereof and of the following for the informa- tion and guidance of all concerned: The powers, functions, and duties of the National War Labor Board shall be to settle by mediation and conciliation controversies arising between employers and workers in fields of production necessary for the effective conduct of the war, or in other fields of national activity, delays and obstructions in which might, in the opinion of the National Board, affect detrimentally such production; to ^provide, by indirect appointment, or otherwise, for committees or boards to sit in various parts of the country where controversies arise and secure settlement by local mediation and conciliation; and to summon the parties to controversies for hearing and action by the National Board in event of failure to secure settlement by mediation and conciliation. 110 120 KEPORT SECRETARY NATIONAL WAR LABOR BOARD. The principles to be observed and the methods to be followed by the National Board in exercising such powers and functions and per- forming such duties shall be those specified in the said report of the War Labor Conference Board dated March 29, 1918, a complete copy of which is hereunto appended. 1 The National Board shall refuse to take cognizance of a contro- versy between employer and workers in any field of industrial or other activity where there is by agreement or Federal law a means of set- tlement which has not been invoked. And I do hereby urge upon all employers and employees within the United States the necessity of utilizing the means and methods thus provided for the adjustment of all industrial disputes, and request that during the pendency of mediation or arbitration through the said means and methods, there shall be no discontinuance of industrial operations which would result in curtailment of the production of war necessities. In witness whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Done in the District of Columbia, this eighth day of April, in the year of our Lord one thousand nine hundred and eighteen, and of the independence of the United States the one hundred and forty-second. [SEAL.] WOODROW WILSON. By the President : ROBERT LANSING, Secretary of State. FUNCTIONS, POWERS, AND DUTIES OF THE BOARD. The functions and powers of the National War Labor Board are as follows: To bring about a settlement, by mediation and conciliation, of every controversy arising between employers and workers in the field of production necessary for the effective conduct of the war. To do the same thing in similar controversies in other fields of national activity, delays and obstructions in which may, in the opinion of the National Board, affect detrimentally, such production. To provide such machinery, by direct appointment or otherwise, for the selection of committees or boards to sit in various parts of the country where controversies arise, to secure settlement by local mediation and conciliation. To summon the parties to the controversy for hearing and action by the National Board in case of failure to secure settlement by local mediation and conciliation. If the sincere and determined effort of the National Board shall fail to bring about a voluntary settlement and the members of the board shall be unable unanimously to agree upon a decision, then and in that case and only as a last resort an umpire appointed in the manner provided in the next paragraph shall hear and finally decide the controversy under simple rules of procedure prescribed by the National Board. The members of the National Board shall choose the umpire by unanimous vote. Failing such choice, the name of the umpire shall 1 Not printed herewith. REPORT SECRETARY NATIONAL WAR LABOR BOARD. 121 1)0 drawn by lot from a list of ten suitable and disinterested persons to be nominated for the purpose by the President of the United States. The National Board shall hold its regular meetings in the city of Washington, with power to meet at any other place convenient for tlie board and the occasion. The National Board may alter its methods and practice in settle- ment of controversies hereunder from time to time as experience may suggest. The National Board shall refuse to take cognizance of a contro- versy betAveen employer and workers in any field of industrial or other activity where there is by agreement or Federal law a means of settlement which has not been invoked. The place of each member of the National Board unavoidably de- tained from attending one or more of its sessions may be filled by a substitute to be named by such member as his regular substitute. The substitute shall have the same representative character as his principal. The National Board shall have power to appoint a secretary and to create such other clerical organization under it as may be in its judgment necessary for the discharge of its duties. The National Board may apply to the Secretary of Labor for authority to use the machinery of the Department in its work of con- ciliation and mediation. The action of the National Board may be invoked, in respect to controversies within its jurisdiction, by the Secretary of Labor or by either side in a controversy or its duly authorized representative. The board, after summary consideration, may refuse further hearing if the case is not of such character or importance as to justify it. In the appointment of committees of its own members to act for the board in general or local matters, and in the creation of local committees, the employers and the workers shall be equally repre- sented. The representatives of the public in the board shall preside alter- nately at successive sessions of the board or as agreed upon. The board in its mediating and conciliatory action, and the umpire in his consideration of a controversy, shall be governed by the fol- lowing principles. PRINCIPLES AND POLICIES TO GOVERN RELATIONS BETWEEN WORKERS AND EMPLOYERS IN WAR INDUSTRIES FOR THE DURATION OF THE WAR. There should ~be no strikes or lockouts during the war. RIGHT TO ORGANIZE. The right of workers to organize in trade-unions and to bargain collectively through chosen representatives is recognized and affirmed. This right shall not be denied, abridged, or interfered with by the employers in any manner whatsoever. The right of employers to organize in associations or groups and to bargain collectively through chosen representatives is recognized and affirmed. This right shall not be denied, abridged, or interfered with by the workers in any manner whatsoever. 122 EEPORT SECRETARY NATIONAL WAR LABOR BOARD. Employers should not discharge workers for membership in trade- unions, nor for legitimate trade-union activities. The workers, in the exercise of their right to organize, should not use coercive measures of any kind to induce persons to join their organizations nor to induce employers to bargain or deal therewith. EXISTING CONDITIONS. In establishments where the union shop exists the same shall con- tinue, and the union standards as to wages, hours of labor, and other conditions of employment shall be maintained. In establishments where union and nonunion men and women now work together and the employer meets only with employees or rep- resentatives engaged in said establishments, the continuance of such conditions shall not be deemed a grievance. This declaration, how- ever, is not intended in any manner to deny the right or discourage the practice of the formation of labor unions or the joining of the same by the workers in said establishments, as guaranteed in the preceding section, nor to prevent the War Labor Board from urging or any umpire from granting, under the machinery herein pro- vided, improvement of their situation in the matter of wages, hours of labor, or other conditions as shall be found desirable from time to time. Established safeguards and regulations for the protection of the health and safety of workers shall not be relaxed. WOMEN IN INDUSTRY. If it shall become necessary to employ women on work ordinarily performed by men, they must be allowed equal pay for equal work and must not be allotted tasks disproportionate to their strength. HOURS or LABOR. The basic eight-hour day is recognized as applying in all cases in which existing law requires it. In all other cases the question of hours of labor shall bo settled with due regard to governmental necessities and the welfare, health, and proper comfort of the workers. MAXIMUM PRODUCTION. The maximum production of all war industries should be main- tained and methods of work and operation on the part of employers or workers which operate to delay or limit production, or which have a tendency to artificially increase the cost thereof, should bi> discouraged. MOBILIZATION or LABOR. For the purpose of mobilizing the labor supply with a view to its rapid and effective distribution, a permanent list of the numbers of skilled and other workers available in different parts of the country shall be kept on file by the Department of Labor, the information to be constantly furnished 1. By the trade-unions. REPORT SECRETARY NATIONAL WAR LABOR BOARD. 123 2. By State employment bureaus and Federal agencies of like character. 3. By the managers and operators of industrial establishments throughout the country. These agencies shall be given opportunity to aid in the distribu- tion of labor as necessity demands. CUSTOM OF LOCALITIES. In fixing wages, hours, and conditions of labor, regard should always be had to the labor standards, wage scales, and other condi- tions prevailing in the localities affected. THE LIVING WAGE. 1. The right of all workers, including common laborers, to a living wage is hereby declared. 2. In fixing wages, minimum rates of pay shall be established which will insure the subsistence of the worker and his family in health and reasonable comfort. RESOLUTION ADOPTED BY NATIONAL WAR LABOR BOARD JULY 31, 1918. Resolved, That the National War Labor Board deems it an ap- propriate time to invite the attention of employers and workers alike to the wisdom of composing their differences in accord with the principles governing the National War Labor Board, which were approved and promulgated by the President in his proclamation of Aprils, 1918; That this war is not only a war of arms, but also a war of work- shops; a competition in the quantitative production and distribu- tion of munitions and war supplies, a contest in industrial resource- fulness and energy ; That the period of the war is riot a normal period of industrial expansion from which the employer should expect unusual profits or the employees abnormal wages : that it is an interregnum in which industry is pursued only for common cause and common ends; That capital should have only such reasonable returns as will assure its use for the world's and Nation's cause, while the physical well-being of labor and its physical and mental effectiveness in a comfort reasonable in view of the exigencies of the war should like- wise be assured ; That this board should be careful in its conclusions not to make orders in this interregnum, based on approved views of progress in normal times, which, under war conditions, might seriously impair the present economic structure of our country ; That the declaration of our principles as to the living wage and an established minimum should be construed in the light of these con- siderations ; That for the present the board or its sections should consider and decide each case involving these principles on its particular facts and reserve any definite rule of decision until its judgments have- been sufficiently numerous and their operation sufficiently clear to i make generalization safe. 124 REPORT SECRETARY NATIONAL WAR LABOR BOARD. STATEMENT FOR THE PUBLIC, DECEMBER 5, 1918. In order to meet the changed conditions resulting from the signing of the armistice, and the withdrawal of the Federal Government's control over the industries of the country, the National War Labor Board, after conference with the Secretary of Labor, has made an order providing that in the future it will act only in such cases as are jointly submitted to it for arbitration. All complaints filed after December 5, setting forth industrial controversies, will therefore be referred to the Labor Department for action by its Mediation and Conciliation Bureau. Failing settlement in such cases the Secretary of Labor will refer back to the War Labor Board only the cases in which both parties voluntarily submit the issues to the jurisdiction of the National War Labor Board and agree to abide by its decision. All cases now before the Board will be handled as they have been in the past. PROCEDURE. METHOD OF PRESENTING COMPLAINTS AND PROCEDURE OF BOARD. (AS ADOPTED BY THE BOARD ON MAY 13, 1918.) DOCKET. The secretary of the Board shall keep one docket for the filing of all complaints, submissions, and references, and shall number them on the docket in the order in which they are received and filed. Thereafter the cases shall be referred to by such numbers. REFERENCES. Where the complaint or submission filed shall show clearly that another board than this has primary jurisdiction therein, the secre- tary is authorized to direct the proper reference, and to advise the party or parties initiating the proceeding of such reference. At the next session of the Board the secretary shall advise the Board of his disposition thereof. ORGANIZATION OF THE BOARD FOR HEARINGS AND ADJUSTMENT. In respect to every local controversy, two members of the Board, one from the employers' side and one from the employees' side, shall be appointed to act for the Board, the members to be named by the joint chairmen at the instance of the respective groups of the Board. These members shall be called a Section of the Board, and shall hear and adjust cases assigned to them. If they can not effect any ad- justment, they shall summarize and analyze the facts and present the same to the Board with their recommendations. The National Board may appoint permanent local committees in any city or district to act in cases therein arising. In the selection of such local committees, recommendations will be received by the National Board from associations of employers and from the central labor body of the city or district and other properly interested groups. Sections of the Board are authorized to appoint temporary local committees where permanent local committees have not been appointed by the Board. ARBITRATION. When the Board, after clue effort of its own, through Sections, local committees, or otherwise, finds it impossible to settle a contro- versy, the Board shall then sit as a board of arbitration, decide the controversy, and make an award, if it can reach a unanimous conclu- sion. If it can not do tiffs, then it shall select an umpire, as pro- vided, who shall sit with the Board, review the issues, and render his award. 125 126 REPORT SECRETARY NATIONAL, WAR- LABOR BOARD. COORDINATION OF THE WORK OF EXISTING BOARDS. To comply with the direction of the President in his proclamation of April 8, 1918, constituting the National War Labor Board, this Board will hear appeals in the following cases: Where the principles established by the President in such procla- mation have been violated. Where an award made by a board has not been put into effect by employers, or where the emplo} T ees have refused to accept or abide by such award. To determine questions of jurisdiction as between Government boards. Appeals will not be heard by the National War Labor Board from the decisions of regularly constituted boards of appeal, nor from any other board to revise findings of fact. FURTHER RULES OF PROCEDURE. (AS AMENDED FROM TIME TO TIME UP TO AND INCLUDING JANUARY 15, 1919.) The first and indispensable step to be taken in order that the Board shall be able to settle industrial disputes is that the parties to the disputes shall have notice that the Board intends to hear the dis- pute and what the dispute is. They must know, further, when and where the hearing is to be held so as to have reasonable opportunity to present their evidence and to argue their cases. The following rules of procedure are adopted as a simple method of bringing the parties before the Board and enabling them to know the exact issues in the dispute and to obtain a hearing thereon. COMPLAINT NECESSARY TO JURISDICTION. Any person deeming himself aggrieved by another in an industrial dispute within the cognizance of the Board may invoke its jurisdic- tion, filing a complaint against that other. It can not be done other- wise, WHO MAY BE COMPLAINANTS. When the complaint is made on behalf of employees against an employer, it shall be filed by three employees for and on behalf of all claiming the same grievances. If the grievance alleged is unjust discharge, those discharged ma}^ file the complaint as recent em- ployees of the respondent. If the shop is one in which the employer contracts with a union, the union may file a complaint against the employer, but it shall associate with it as party complainants and signers of the complaint at least three employees of the respondent as in other cases. When the complaint is made on behalf of an employer, he shall sign the complaint. If he is a member of an employers' association having a contract with a union, which is the subject matter of, or affects, the controversy, he may join with him as party complainant such employers' associations and may name- as respondents not more than three of his employees, present or recent, as representatives of all, and the union with whom the contract was made. RKFORT SECRETARY NATIONAL WAR LABOR BOARD. 12 COMPLAINT SHALL COVER ONLY DISPUTES BETWEEN ONE EMPLOYER AND HIS EMPLOYEES. No complaint shall cover more than the disputes between employees and their employer in one shop or series of shops owned by the same employer. Should the same dispute develop in different shops owned by different employers, the cases may, with consent of the parties, be united for the purpose of taking evidence and for hearings, but separate complaints must be filed and docketed, separate summons bo issued and served, and all further steps taken in each separate case and separate conclusions reached and separate awards or recommen- dations made. CONTENTS OF COMPLAINT. The complaint shall be in a form approved by the Board and shall be a written petition to the Board for its aid in the just settle- ment of a dispute between employer and employees. It shall set forth the name and post-office address of the party or parties com- plainant and the party or parties respondent. It shall set forth in brief narrative form the facts and circumstances of dispute, and closa with a prayer for that action by the Board to which the complaining party or parties believe themselves entitled under the principles of the Board and which will afford a just remedy. If the party filing the complaint is a corporation, or a union, the signature of the presi- dent, vice president, treasurer, or secretary thereof shall be sufficient. FORM OF COMPLAINT AGAINST EMPLOYEES. Kvery complaint filed by an employer against employees or a union shall be in the form following: UNITED STATES OF AMERICA. NATIONAL WAR LABOR BOARD. Complainant. Respondent. ORIGINAL COMPLAINT. (By employers.) . 1. We the undersigned make this complaint to your Honorable- Board and hereby specifically agree to be bound by such recommendations or award us. your Honorable Board may make in the premises,, in accordance with the principles and procedure of the Board. 2. Wo hereby complain because: (State in narrative form the grievances, relating- to ) a. Wages. I). Hours. f. Discrimination. d. Violations 1 of existing agreements:; or of governmentally fixed wage scale. e. Actual or threatened strikes, f. Coercive measures to induce employees to join union, or to induce em- ployer to deal with a union. 128 REPORT SECRETARY NATIONAL WAR LABOR BOARD. <7. Curtailing maximum production. h. Any other violations of the principles of the National War Labor Board. 3. We seek the following relief: 4. We make the attached questionnaire a part of this complaint. Dated (Complaining employer or his duly authorized representatives sign on above lines.) (On second page of 4-page folio.) Questionnaire, accompanying and made a part of original complaint of em- ployer. The Board will take no action upon the complaint unless every question herein is* answered. 5. Give name and address of all com- Answer. plainants. 6. How many employees do you em- ploy? 7. What employers' association do you Answer. represent, if any? That is, when, where, and how were you authorized to unite said associa- tion with you in this complaint? 8. How many and what classes of em- Answer. ployees are affected by this com- plaint? 9. State just how the business affects Answer. the conduct of the war. 10. Have you a contract with your em- Answer. ployees? 11. If so, attach a copy of such con- Answer. tract or contracts to this com- plaint. 12. Have your grievances been pre- Answer. sen ted to the employees? 13. If so, when and how? Answer. 14. W T hat steps- have been taken to ad- Answer. just the grievances complained of? 15. What was the result? Answer. 16. Do you know that the National Answer. War Labor Board will refuse to take jurisdiction of any contro- versy where there is by agree- ment or Federal law a means of settlement which has not been, invoked? 17. Name and address of the respond- Answer. enta In witness whereof, we. the signers of the foregoing complaint, state that the facts in said complaint and questionnaire set forth are true to the best of our knowledge and belief. REPORT SECRETARY NATIONAL WAR LABOR BOARD. 129 FORM OF COMPLAINT AGAINST EMPLOYERS. Every complaint filed by employees against employers, or by a union in cases where a union may be the complainant, shall be in the following form : U-NITED STATES OF AMERICA. NATIONAL WAR LABOR BOARD. Complainant. No. Respondent. ORIGINAL COMPLAINT. (By employees.) 1. We, the undersigned, being at least three employees or recent employees of "the respondent, on behalf of ourselves and all others similarly situated and hav- ing like grievances, make this complaint to your Honorable Board, and we hereby specifically agree to be bound by such recommendations or award as your Honorable Board may make in the premises, in accordance" with the principles and procedure of the Board. 2. We hereby complain because : (State in narrative form the grievances relating to ) a. Wages. &. Hours. c. Discrimination. d. Violations of existing agreements. e. Actual or threatened lockout. f. Collective bargaining. (/. Working conditions. h. Any other violations of the principles of the National War Labor Board. 3. We seek the following relief : 4. We make the attached questionnaire a part of this complaint. Signed at , State of , on the day of , 19 (Complaining employees or their duly authorized representatives sign on above lines.) (On second page of 4-page folio.) Questionnaire, accompanying and made a part of original complaint of employees. (The Board will take no action upon the complaint unless every question herein is answered. If you can "hot answer definitely, say " I don't know.") 121338 20 9 130 REPORT SECRETARY NATIONAL WAR LABOR BOARD. /Male. 1 Female. 5. Give names and addresses of all Answer. complainants. 6. State occupation and length of .service of each complainant. 7. How many employees do you rep- Answer. resent ? 8. By what authority do you repre- Answer. sent them ; that is, when, where, and how were you appointed? 9. How many and what classes of Answer. employees are affected? 10. State just how the business af- Answer. fects the conduct of the war. 11. Have you a contract with your em- Answer. ployer? 12. If so, attach a copy of such con- tract or contracts to this com- plaint. 13. Have your grievances and requests Answer. been presented to the employer? 14. If so, when and how? Answer. 15. What steps have been taken to ad- Ans\ver. just the grievances complained of? 16. What was the result? Answer. 17. From what date do you ask that Answer. the decision of the Board take effect, and why? 18. Do you know that the National Answer. War Labor Board will refuse to take jurisdiction of any contro- versy where there is by agree- ment or Federal law a means of settlement which has not been invoked ? 19. Name and address of the employer. Answer. In witness whereof we, the signers of the foregoing complaint, state that the facts in said complaint and questionnaire set forth are true to the best of our knowledge and belief. ,. IMPERFECT COMPLAINT. Communication seeking settlement of industrial disputes by the Board which do not substantially comply with the forms herein- before set forth shall be returned by the Director of Procedure to those signing them. He shall inclose a blank form of formal com- plaint, a copy of these Rules of Procedure^ a copy of the principles of the Board, and a copy of the President's proclamation. COMPLAINTS IN CASES OF REFERENCES OF DISPUTES TO BOARD BY THE SECRE- TARY OF LABOR OR OTHER DEPARTMENT OF THE GOVERNMENT. When an alleged controversy is referred to the Board by the Sec- retary of Labor, or other governmental department or Federal ad- REPORT SECRETARY NATIONAL WAR LABOR BOARD. 131 justment agency, the Director of Procedure shall require a formal complaint to be filed as herein provided, and the case shall then proceed as though the complaint had originally been made to the Board. COMPLAINTS IN JOINT SUBMISSIONS. In cases of joint submission, including those referred from other departments or Federal adjustment agencies, complaints must be filed as in other cases by one of the parties against the other, for the purpose of setting out clearly and succinctly the issues in dispute. The Director of Procedure may presume in such cases, in the absence of information to the contrary, that the original complaining parties are the employees and notify them to file a complaint in the proper form. APPEALS FROM AWARDS OF OTHER GOVERNMENT BOARDS. In cases where appeals from department adjustments and arbi- trations are within the jurisdiction of the Board, or are brought within it by reference from the head of any department, the officer or tribunal from whose decision appeal is taken shall prepare the record of the hearing before him, including all the evidence con- sidered by him and the statements of claim by the parties, together with his award and his reasons therefor, and transmit the same to the Secretary of the Board, together with the letter of reference by the head of department, if any. The Director of Procedure shall place the appeal as a case upon the docket under its proper number and file the record, award, and reference in its appropriate place, entitling the same with the names of the parties complainant and respondent and marking the same " Appeal from - Dept." In case of appeals no formal complaint on the appeal by either party need be filed. As soon as the appeal is filed, a notice should issue by registered mail to all parties advising them of the pendency of the appeal, and that they must be ready for a hearing before the Board, or a Section thereof, at a day fixed at least seven days after the sending of such notice. In cases of emergency the Board, or the Standing Commit- tee, may direct the Secretary to notify the parties by telegram to appear sooner, if practicable. NOTICE OF ISSUE. Upon every complaint filed in form as herein prescribed, a notice shall issue informing the respondent that the complainants have filed a complaint against him, with a copy of the complaint, copy of these rules of procedure, copy of the President's proclamation, and blank form for his answer, inclosed. The notice shall direct him to file an answer within seven days after service, and shall be in form approved by the Board. 132 BEPOKT SECRETARY NATIONAL WAR LABOR BOABD. FORM OF NOTICE. The form of the notice which is hereby approved shall be follows : UNITED STATES OF AMERICA. NATIONAL WAK LABOR BOAJJD. Docket No. To. Respondent. You are hereby notified that has filed a complaint against you, a copy of which is hereto attached. Your answer upon the inclosed form should be filed within seven days from receipt hereof. In case of your failure to file an answer, the Board may, as a board of mediation, in accordance with its rules of procedure, set a date for hearing, make its findings and decisions as to what in its judgment is a fair and equitable adjustment of the dispute. DONE UNDEE AND BY AUTHORITY of the proclamation of the President of the United States of America, duly issued the eighth day of April, in the year of our Lord one thousand nine hundred and eighteen. WITNESS THE HANDS of the Joint Chairmen of said National War Labor- Board at the City of Washington, D. C., this day of A. D. 191__ WM. H. TAFT, BASIL M. MANLY, Joint CJiairmen. Countersigned : Service accepted this day of 191 SERVICE OF NOTICE. The service of notice may be made by mailing it by registered mail, with a copy of the complaint, blank for answer, copy of proclamation of the President of April 8, 1918, and copy of Rules of Procedure of Board, to the post-office address of the respondents as given in the complaint, and the register receipt shall be retained in the office of the Secretary and filed with .papers as evidence of proper service. Where service should be made with greater dispatch, an examiner or any other employee of the Board may serve the same upon the respondents. A return by him of such service, at the usual place of business or residence of the respondents, or upon them personally, shall constitute a sufficient service, and shall be evidenced by the certificate of the server, signed by him with his official designation. A service may be made by any notary public, by a sheriff or marshal or his deputies, who shall make a due return of such service. If the respondent will accept service in writing, this shall dispense with the necessity of further proof, and the written acceptance shall be filed with the papers in the case and noted on the docket. Every return of service shall state the day and hour of service, and if the service is not personal, the place at which a copy of the notice and copy of the complaint were left. REPORT SECRETARY NATIONAL WAR LABOR BOARD. 133 NOTICE AND SERVICE IN CASES OF JOINT SUBMISSION AND REFERENCES TO DEPARTMENTS. As already indicated, complaints must be filed in cases of joint sub- mission and in cases referred to the Board by governmental depart- ments, or Federal adjustment agencies, and upon such complaints notice shall issue and be served as in other cases. ANSWERS. A respondent dulv served or waiving service as above shall answer the complaint within seven days after receiving the same, by mail- ing within this time an answer conforming to the following form : UNITED STATES OF AMERICA. NATIONAL WAR LABOR BOABD. Complainant. No. Dated- Respondent. RESPONDENT'S ANSWER. Now comes the despondent named in the above-entitled case and answering the complaint, says : A. The respondent S that the National War La bor Board has jurisdic- tion over the matters set forth in the complaint. (If jurisdiction is denied, state reasons why.) The respondent {JemesJ that the business done at the P lant affects the con- duct of the war. C. The respondent answers to the merits of the various allegations set forth in the complaint, and questionnaire, admitting or denying the same seriatim, as .follows : 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Etc The respondent sets forth new matter of defense, as follows: 134 REPORT SECRETARY NATIONAL, WAR LABOR BOARD. E. The respondent submits this controversy to the National War Labor Board as an arbitrator, in accordance with its principles and procedure, and hereby agrees to be bound by its award on the following issues : , Respectfully submitted. (Duly authorized agent sign above.) EFFECT OF FAILURE TO ANSWER. Should the respondent file no answer, or should he decline to accept arbitration by the Board upon one or more issues raised, the case shall proceed and a hearing be had upon the evidence of the com- plainant only, if the respondent does not choose to produce evidence on his behalf, or upon the evidence introduced by both sides. The mere producing of evidence by a respondent on the issues shall not be regarded as a submission to arbitration by the Board. NOTICE OF HEARINGS. All parties shall be given at least seven days' notice of the time and place of any hearing. The person serving or giving such notice shall make return in writing of the method of notification. HEARINGS. At all hearings before the full Board, before a Section of the Board, or before examiners appointed to hear the case, evidence may be introduced by oral testimony of witnesses or by depositions. Should the Board, Section, or examiners deem cross-examination necessary in case of deposition, the deponent should be summoned for the purpose and the deposition not considered as evidence until such cross-examination has been had. All testimony of witnesses shall be taken under oath or affirmation. Examiners, Sections of the Board, and the full Board shall have power to administer such oaths or affirmation. HEARINGS BY EXAMINERS. The hearing by the examiner shall be conducted in accordance with the proper course of judicial proceedings. The evidence for the complainant shall be presented, then the evidence for the re- rndent, and then the evidence, if any, in rebuttal. The examiner 11 follow as near as may be the rules of evidence prevailing in common-law courts, with such departures therefrom as in his dis- cretion may seem to be necessary 7 in the cause of speedy justice. The examiner shall require witnesses to confine their testimony to statements of facts within their personal knowledge. The examiner may exercise the authority to exclude evidence palpably incompetent or irrelevant to the issue. But the party aggrieved by such ruling may save his exceptions to such exclusion of evidence or other ruling by the examiner by a writing filed with the examiner. Should the examiner deem the evidence of any person necessary who is not called by either party, he may summon such person, 'examine him, and permit cross-examination. KEPORT SECRETARY NATIONAL WAR LABOR BOARD. 135 CONTINUANCES. The hearing, due notice of which has been given both sides, shall proceed until the case is closed. Should either party desire a con- tinuance on the ground of inability to produce witnesses, and make a showing of due diligence, it shall be within the discretion of the examiner to grant such time as may be reasonably necessary to pro- cure the evidence. It is of the utmost importance, however, that cases brought before the National War Labor Board should be promptly decided, and therefore this discretion to continue cases or hearings should be sparingly exercised. When the evidence has been all submitted, the examiner shall hear argument, and, if desired by the parties, may fix a time in which to submit briefs. REPORT OF THE EXAMINER. Upon the conclusion of the hearing before him the examiner shall make a digest of the evidence and submit the same forthwith, but without making any findings or conclusions, to the Section or Board as the case may be. He shall attach thereto a copy of the complaint, proof of service, joint submission, answer, and a full transcript of the evidence, arguments, and exceptions taken to his ruling in order that the Section or Board considering the case may have the entire record before it. ACTION UPON EXCEPTIONS TO EXAMINER'S RULINGS. In cases where exceptions have been taken to the examiner's rulings, the Section or Board may in its discretion grant a hearing upon said exceptions and act thereon. ACTION BY THE SECTION. If the form of the submission shall be to the members of the Section as arbitrators to make a final award, the Section, if the members are in agreement, shall proceed to make such an award without reference to the Board. The administration of such awards shall be the same as in awards of the full Board. When a case has been assigned to a Section and the parties in interest shall have agreed that the decision of the Section shall be the decision in the case, then the Section shall proceed and make its findings, and if the Section can not agree the case shall go to the full Board. REPORT OF THE SECTION. In all other cases submitted to a Section and in which they have reached an agreement, a report shall be made of their findings and conclusion to the Board for its action. ACTION OF THE BOARD. Upon the presentation of a report by a Section the Board shall consider the same and approve or reject it. DISAGREEMENT OF MEMBERS OF THE SECTION. If the members of the Section can not agree upon a report, each shall make his individual report and the Board shall consider the case on both reports and take such action as it may deem wise. 136 REPORT SECRETARY NATIONAL WAR LABOR BOARD. DIFFERENCE OF OPINION IN THE BOARD. In cases in which the parties have submitted to the full jurisdic- tion of the Board and the Board is not unanimous in its findings and conclusions as to a just award, the name of an umpire shall be agreed upon by unanimous vote, or failing that, shall be drawn by lot from a list of names furnished by the President to the Board in accord with the rules of procedure approved by the President in his proclamation of April 8, 1918. In cases in which the parties defendant do not submit to the full jurisdiction of the Board, or to its jurisdiction to "make an award, the principles of the procedure .of the Board do not require an umpire and in such a case the action of the Board shall be deter- mined by a majority vote and the recommendation of the Board made accordingly. The finding and recommendation shall be pub- lished with such a dissent of the minority as may be presented to the Board. In case the Board divides evenly, the case sh,all stand as undecided. AWARDS. The Section shall report in full the form of the award which it recommends for adoption. If it shall seem to the Section that the evidence before it is not sufficiently specific to enable it to dispose of all the issues, it may dispose of part and postpone the rest for a further action. An award may provide for the appointment of an administrator, when it covers the settlement of complicated matters, and if it does provide for such administrator he is authorized to interpret and apply the award as between the parties when they disagree as to its meaning and application. ADMINISTRATORS' RULINGS AND APPEALS THEREFROM. Administrators authorized to interpret and apply the award shall make their decisions in writing and serve copies thereof on the parties. Should either party feel aggrieved by the Administrator's decision, he may appeal to the Board, and the appeal shall be heard by the Section which acted in the case, and the decision of the Sec- tion on such appeal shall be reported to and acted upon by the Board. Pending the appeal from the decision of the Administrator, his decision shall be enforced, except in cases where it involves di- rectly or indirectly the payment of wages. In such cases, the filing of the appeal with the Administrator or Board shall operate as a stay. The Administrator shall prepare the record for appeal in such cases with the utmost dispatch and forward it to the Chief Administrator for immediate submission to the Section which acted in the case. The appeal shall be heard by the Section as soon as possible. REHEARINGS. A motion to the Board for a rehearing must be made within 30 days after the recommendation or the award and service of notice upon the parties. The motion for rehearing shall set out the grounds for the same specifically and may be granted either because the award REPORT SECRETARY NATIONAL WAR LABOR BOARD. 137 was beyond the jurisdiction of the Board, or because of a palpable mistake in the finding of fact, or in the application of the principles of the Board, or because of newly-discovered evidence which might change the decision of the Board. On motion for a rehearing the parties may not, as a matter of course, have an oral hearing. The party moving the rehearing shall file a brief with his motion setting forth, with reasonable elaboration, the reasons relied upon. If the motion is based on newly-discovered evidence, it must appear that the evidence is not merely cumulative and that the party seeking the rehearing could not have produced the evidence by the exercise of due diligence at the time of the original hearing. NOTICE OF AWARDS AND RECOMMENDATIONS. Immediately upon the making of awards or final recommendations, they shall be copied and a copy certified by the Secretary shall be sent by registered mail to each of the parties and the receipt therefor shall be filed with the papers and noted on the docket. PROCEEDINGS BEFORE AN UMPIRE. The Umpire shall be notified of his selection and a time fixed for his hearing. In proceedings before Umpires, the presentations shall be limited as follows: Each side shall delegate not more than two members to present the case to the Umpire, and each side shall be limited in its oral presen- tation to one hour. The Umpire, however, may extend the time of hearing if in his judgment a longer time is required to make him fully familiar with the case. ACTION UPON DECISION OF UMPIRE. The decision of the Umpire shall bo regarded as the award of the Board, and notice of it served upon the parties as in other cases. The decision of the Umpire shall be made public only after it has been read and certified to by the Standing Committee or by the Board in full session. NOTE. The above procedure may be changed from time to time by a majority vote of the Board. -Approved January 30, 1919. APPENDIX IV ORGANIZATION AND PRACTICE OF THE BOARD AS ADOPTED AND AMENDED TO DECEMBER 10, 1918 139 ORGANIZATION AND PRACTICE OF THE BOARD. BOARD MEETINGS. Meetings of the board will be held on every other Tuesday at Wash- ington, and at such other times and places as the board shall deter- mine. The sessions of the board shall, unless otherwise ordered, be held at 10 a. m., at its office in the Southern Building, and be con- tinued until pending business is disposed of. At such meetings the presence of three employer members, three employee members, and at least one joint chairman shall constitute a quorum. ORDER OF BUSINESS. The order of business at regular meetings of the board in executive session shall be as follows : 1. Reading of the minutes of the board and of the standing committee. 2. Report of the secretary. 3. Report of the auditor. 4. Miscellaneous business brought up by any member of the board. 5. Calling of the unassigned docket for the assignment of cases to sections. 6. Calling of the docket of cases submitted to sections ready for report and the formulation and approval of conclusions and awards. In cases where the members of the section have not agreed, and one member of the section has his report ready and the other has not, the board shall fix an early day for the presentation of his report; and if on that day he does not report, the case shall be submitted to the board on the report of the one member and be open for discus- sion and decision of the board, unless for good cause the board by a majority vote postpones the discussion to a later day. The board shall receive from the secretary, and if approved shall confirm, the appointment of all officers heads of departments and di- visions and other employees above the rank of clerks and stenogra- phers and the like, and approve the salaries as reported by him. OPEN HEARINGS OF THE BOARD. The board shall hold public hearings during the weeks of its regular sessions. At such hearings it may hear evidence and argument of cases set down for hearing by the full board and such applications for preliminary and interlocutory orders and the disposition of such miscellaneous business as may properly come before it. 141 142 REPORT SECRETARY NATIONAL WAR LABOR BOARD. STANDING COMMITTEE. A standing committee shall be composed of the joint chairmen, one employer member, and one employee member, and such other members as may be present. Meetings of the standing committee shall be held at Washington at 10 a. m. Tuesdays when the board does not meet, and at such other times and places as the board or the committee may determine. At such meetings the presence of one employer member, one employee member, and one of the joint chairmen shall constitute a quorum. At meetings of the standing committee where a majority of the employer and employee members are present, such meeting may be considered as a regular meeting of the board and action taken accordingly. The standing committee shall require general reports from the secretary at regular intervals, showing the condition of the docket, a summary of the number of complaints disposed of, the number pend- ing, also reports showing number of employees of the board, and the total cost of operations as hereinafter provided. Copies of general reports shall also be furnished all board members and alternates. The standing committee or the board shall determine the number of witnesses that shall be summoned to appear before the board, at its expense, for employer and employees, in each case to be heard before the full board ; and the sections shall do likewise for hearings before sections. The secretary shall direct such summonses to be issued by the director of procedure. ORGANIZATION. The organization of the National War Labor Board includes the standing committee, the secretary, and the following separate and distinct departments and divisions each provided with a chief and subdivided as hereinafter outlined : 1. Department of procedure: a) Division of complaint. b) Docket division. c) Division of public hearings. d] (d) Official reporting. 2. Department of files and information: (a) Editorial division. (b) Files division. (c) Publications division. 3. Department of examination : (a) Division of investigation. (b) Division of analysis. 4. Department of administration of awards. 5. Department of office management: (a) Division of typewriting and stenography. (b) Division of buildings, equipment, and supplies. 6. Department of auditing and accounts. SECRETARY. The secretary of the board shall be the chief executive officer of the board, and the chief custodian of the minutes and other records and proceedings of the board. REPORT SECRETARY NATIONAL WAR LABOR BOARD. 143 He shall select trained and experienced persons of absolutely neutral attitude for the chiefs of departments and divisions, and recommend their appointment to the board. He shall appoint the subordinates in the various departments, having regard to their qualifications, efficiency, and impartiality. He shall direct the correspondence of the board, and shall be the person to whom all correspondence with the board should be addressed. All communications to the board shall be received by him and distributed to the proper departments and divisions. All complaints and informal communications seeking the remedial action of the board, he shall refer to the director of procedure for consideration and disposition. He shall require a system of reports from all departments and di- visions as to the progress of all business of the board, and shall digest and report same to the board or standing committee. He shall have direct supervision of all publicity, which shall be limited to the announcement of actions, decisions, awards, findings, or other official acts of the board. No award or finding of the board, section, joint chairman, or an umpire shall be made public until it has been read and registered as the action of the board. ASSISTANTS TO THE SECRETARY. FIRST ASSISTANT. The first assistant to the secretary shall receive all mail and tele- grams requiring action by the board. After conference with the secretary, he shall acknowledge all mail and telegrams and distribute them directly to the department or division concerned. SECOND ASSISTANT. The second assistant to the secretary shall have charge of the minute book, and shall act as minute clerk at all executive sessions of the board or the standing committee. He shall be charged with the duty of following up and seeing that all orders of the board are promptly carried out by the department or division affected thereby. He shall receive and confer in a preliminary way with all mem- bers of the staff who wish to confer with the secretary, and shall bring promptly to the attention of the secretary any matters requir- ing his action. THIRD ASSISTANT. The third assistant to the secretary shall have charge of the public information department of the board, and shall receive all personal or telephone calls, applicants for positions, etc. Persons calling to make inquiries as to the work of the board, or a*s to the status of cases before the board, shall be first received by him and then, if nec- essary, referred to the secretary or to the head of the department or division who may be directly concerned. The secretary may vary the duties thus assigned to his assistants in his discretion. 144 REPORT SECRETARY NATIONAL WAR LABOR BOARD. DIRECTOR OF PROCEDURE. The director of procedure shall discharge his duties under the supervision and direction of the secretary ancj. shall act for and with the authority of the secretary in all matters in any department or division affecting the procedure and expedition of cases before the board. He shall have direct supervision over the division of complaints, docket division, and public hearings division, and shall have such authority over all other divisions and departments as shall be neces- sary to secure complete and prompt compliance with the forms and methods of procedure herein set forth. He shall be responsible to the secretary, the standing committee, and the bpard for the method and form of procedure in the conduct of all controversial proceedings, from the filing of the original com- plaint, the issue of summons, answer, submission or default, the hearings by examiners, their reports, the award or recommendation of the section and the board, motions for rehearing and stays of award, the administration of the award, and appeal from examiner's decisions and stays thereof. He shall see to it that the reports of examiners, prepared in proper form, shall be promptly sent to the members of the section to whom the case is assigned. He shall in person attend all meetings of the full board and such meetings of sections as may be directed by the secretary. He shall, in the absence of the secretary, take executive charge of the court room. Whenever the board shall make an order in a case, it shall be his duty to draft the order, secure the initialing of the same by the joint chairmen, and hand the same to the chief of the Docket Division for notation, who will in turn transmit it to the chief of the Files and Information Department for proper filing. He shall prepare a short list for each day's business of the board and standing committee, showing the cases that are ready for presen- tation and disposition, either in the regular call of cases or as an emergency, COMPLAINT DIVISION. The chief of this division shall discharge his duties under the supervision and direction of the director of procedure. He shall have such assistants as may be necessary for the proper conduct of the work of his division, subject to the approval of the secretary. He shall receive from the secretary all complaints, formal or in- formal, and if he finds that the controversy set forth therein should be referred to some other Government board before coming before the War Labor Board, he shall refer it to the director of procedure, who may, after conference with the secretary, make such order of reference. He shall be responsible for the form and speedy handling of all com- plaints coming to the board, and shall return all complaints of an informal character, not complying substantially with the form of com- plaint hereinafter set forth, 1 to the complainant to be perfected in accord with inclosed directions. 1 See Principles and Procedure. REPORT SECRETARY NATIONAL WAR LABOR BOARD. 145 He shall deliver all proper or perfected complaints to the chief of the Examination Division for further proceedings and shall notify the Docket Division in order that the proper entries may be made. All papers and documents relating to informal or formal com- plaints shall be stamped with a time stamp to show the date of receipt and reference. DOCKET DIVISION. The head of the Docket Division, designated as docket clerk, shall discharge his duties under the supervision and direction of the director of procedure, and in cooperation with the chief of the Files and In- formation Department and the chief of the Division of Examination. He shall keep a case docket, which shall show the filing of the com- plaint, the service, the summons, the return of the services or waiver of service and acceptance, as well as every other step in the case to its final disposition. He shall make the entries upon the case docket to correspond with the file of the papers in the case kept by the chief of the Files and In- formation Department. He shall from time to time receive from the director of procedure memoranda of the steps taken in each case, of the hearings of the board or section, and note same upon his docket, and then transmit them to the chief of the Files and Information Department for proper filing with the papers in the case. DIVISION OF PUBLIC HEARINGS. The chief of the Division of Public Hearings is to perform his duties under the direction and supervision of the director of procedure. He shall be charged with the duty of arranging for all public and executive hearings of the board or sections, or of examiners' hearings, after he has been advised of the dates and places of hearing by the chief of the Examination Division. He shall provide chambers for the hearings, with necessary equip- ment, and shall, under orders of the director of procedure, act as court officer, preserve order, and attend to other administrative details in connection with hearings. At hearings held by examiners he shall receive and act upon in- structions from the examiner in charge. He shall serve in person or by authorized deputy summons and other process as directed by examiners, sections, or the board, and make proper returns thereon, where this is practical. He shall act as custodian of all dockets, papers, and property used in connection with public hearings or the executive sessions of the board, and shall return the same to their proper custody after the hearings. OFFICIAL REPORTING. The chief of this division shall be designated as the official re- porter, and shall report to and receive instructions from the director of procedure. He shall have charge of the reporting of all public and executive meetings of the board and of all hearings before ex- 121338 20 10 146 "REPORT SECRETARY NATIONAL WAR LABOR BOARD. an liners. He may enter into contracts to secure needed assistance, such contracts to be subject to the approval of the director of pro cedure. DEPARTMENT OF FILES AND INFORMATION. The chief of this department shall be in responsible charge of the filing and information, and shall receive instructions from and report to the secretary direct. He shall have charge of the editing and proof reading of all mat- ter to be printed, and shall maintain a supply of printed matter required by the board in the form of awards, principles, and other approved papers and documents. He shall maintain a mailing list for the distribution of printed and other matter requested from the board. The awards and findings of the board, when finally approved, shall be transmitted to this department for mimeographing or printing and distribution to the parties interested. He shall maintain two separate files, one a file of complaints and cases, arranged in numerical order, to be known as the "case and complaint file." He shall maintain another file for all other com- munications and correspondence of the board. He shall cooperate with the chief of the Docket Division so that the chief of the Docket Division may have on the official docket com- plete reference to all the papers in the file representing steps in the procedure essential to the jurisdiction of the board, or giving a history of the steps in that procedure to final award or recommenda- tion and administration. DEPARTMENT OF EXAMINATION. The chief of this division shall discharge his duties under the supervision and direction of the secretary and director of procedure, being responsible to the director of procedure for the form and method of procedure only, and to the secretary in all other matters. He shall select such examiners as may be necessary for the proper conduct of the work of his department, subject to the approval of the secretary. He shall receive from the Division of Complaints the formal per- fected complaints and direct the service of such complaints upon the parties as hereinafter required. 1 He shall designate the examiner to hear such complaints when such hearings may be properly appointed. He shall require of all examiners and other subordinates monthly expense reports, and after examination and approval shall certify them to the auditor for payment. He shall summon such witnesses as the secretary may direct, re- port their names and the docket number of the case to the auditor, and finally personally certify their claims for attendance and the expense of such witnesses to the auditor for payment. He shall examine all reports and digests of the examiners and present them to the director of procedure for transmission to the board or sections for consideration, comment, and action. 1 See Principles and Procedure. REPORT SECRETARY NATIONAL WAR LABOR BOARD. 147 He shall keep at all times, available for ready reference, a list of the assignments to examiners and a docket showing the state of hear- ings and reports in each one of the pending cases. He shall furnish the information upon which the director of pro- cedure may make up his short list for the hearings of the board. He shall adopt such rules, under the supervision of the director of procedure, for the guidance of examiners as may seem useful to him and may not be inconsistent with the rules of the board. He shall see that examiners are so scheduled as to perform the maximum amount of investigation with the least delay and expense. He shall instruct examiners that they limit their expressions or activities in a given community to the details of the particular con- troversy under investigation, and that they shall conduct themselves as quasi judicial officers, avoiding scrupulously any discussion with the representatives of either party to the specific controversy, unless both are represented or are requested to be present or represented. He shall be informed by the director of procedure of the appoint- ment of all sections. He shall be guided by any special instructions he may receive from such < sections jointly, in writing, and furnish such information as his division may possess to a member of the board at any time upon request. He shall require daily reports of all examiners showing their progress. He shall receive and hand to the docket clerk, for notation and entry upon the docket, all written submissions, all answers filed to complaints, and shall hand to the docket clerk for notation a list of all defaults in the filing of answers within the time prescribed by the rules. DEPARTMENT OF ADMINISTRATION OF AWARDS. The chief of this department shall act under the supervision of the secretary and director of procedure, who shall deliver to him a copy of every award. He shall be responsible to the director of procedure in so far as concerns compliance with the forms and methods of procedure in the administration of awards, and directly to the secretary in all other matters. He shall select and recommend to the secretary administrators of awards and other assistants necessary for the proper conduct of his department. These administrators of awards shall be impartial in the dieharge of their duties and maintain a judicial attitude in their work. He shall be charged with the duty of assigning, when necessary, such administrators of awards to apply and interpret awards of the board and of supervising the same. He shall minimize, as far as possible, his intervention in the ap- plication of the award as between the parties, it being the policy of the board to encourage the parties to adjust their differences under the award without the aid of the board or its examiners. He shall select administrators of awards, for particular assign- ments, whose experience and abilities are suited to the task in hand, and shall take up with them in detail the meaning and application of the various provisions of the award and shall give them written instructions so far as this may seem desirable. 148 REPORT SECRETARY NATIONAL, WAR LABOR BOARD. The administrators of awards when in the field shall keep the chief of the division fully informed as to all developments and of such rulings as it may be necessary to make. These rulings shall be submitted in writing to the interested parties. DEPARTMENT OF OFFICE MANAGEMENT. The chief of this department shall discharge his dutievS under the supervision of the secretary. He shall have charge of the following divisions, each of which may be provided with a chief : Typewriting and stenography : build- ings, equipment, and supplies. He shall select such assistants as may be necessary for the proper conduct of the work of his department, subject to the approval of the secretary. BUILDINGS, EQUIPMENT, AND SUPPLIES DIVISION. The chief of this division shall be the^ custodian of all buildings occupied by the board and of all equipment and property contained therein. He shall make all purchases of supplies for the board on the basis of requests approved by the chiefs of departments and the secretary and shall issue supplies through requisition approved by the chiefs of divisions. As custodian of buildings he shall provide for their proper main- tenance and protection by the appointment of janitors and watchmen. He shall also have charge of the messenger service and shall appoint messengers with the approval of the secretary. STENOGRAPHY AND TYPEWRITING. The chief of this division shall be charged with the duty of main- taining an adequate force of stenographers for the general use of the board and its staff. These he shall appoint with the approval of the secretary. He shall supply the services of typewriters and stenographers upon the request of members of the board and chiefs of departments and divisions. DEPARTMENT OF AUDITING AND ACCOUNTS. The auditor shall be the chief of this department. He shall have general supervision of the accounting and approval of disbursements. He shall report to and receive instructions from the secretary. He shall receive from the other divisions all papers, properly certified, showing receipts and disbursements, or upon which re- ceipts and disbursements are made. These papers, when examined and audited, shall be entered upon his records of account and filed or properly certified to the disbursing officer for payment. He shall scrutinize all claims of every nature and keep constantly in touch with the expenditures of all divisions and make prompt re- port to the secretary of any inaccuracies or irregularities coming to his attention. BEPOBT SECRETARY NATIONAL WAR LABOR BOABD. 149 He shall not approve any claim for expense until it shall have been certified by the chief of the department under whose direction the expense has been incurred. He shall require the claims for remuneration or expenses of board members, alternate members or their secretaries, to be similarly certi- fied by such members or alternates. He shall distribute the disbursements as far as practicable to their proper and respective docket numbers, so that he can render to the secretary monthly reports showing the total cost to the Government of each docks number, for salaries, traveling expenses of the staff or witnesses, and other similar necessary disbursements. He shall prepare comprehensive reports, giving a summary of the total cost of the board's operation at such intervals and in such detail as the secretary may direct. o FOURTEEN DAY USE RETURN TO DESK FROM WHICH BORROWED This book is due on the last date stamped below, or on the date to which renewed. Renewed books are subject to immediate recall. OCT 2 2 196 01984 NOV 2 2 1984 . RECD IN General Library University of California Berkeley LD 21-100m-2,'55 (B139s22)476 YC 34919