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XVII. LABOR AND LABOR LEGISLATION

LABOR

LEONARD W. HATCH

STRIKES AND LOCKOUTS The Strike Record. The year 1913 was marked by an increase in number of strikes and lockouts. Figures for the entire country to demonstrate the truth of this are lacking, but one fragment of statistical evidence available at the time of writing, coupled with the indications of newspaper reports, are clearly of that import.

This evidence consists only of the returns for New York State, published in the quarterly Bulletin of the State Department of Labor. New York is, however, the leading industrial state of the country. Figures for only the first six months of the year are available; those for 1913 in comparison with the four preceding years are as follows:

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country as a whole, but a comparison of the records in the Federal reports on strikes and lockouts for the 25 years 1881 to 1905 (no report has been issued since that for 1905) shows that the changes from year to year (increase or decrease) have for the most part been the same for the entire country as for New York State.

The greater frequency of strikes and lockouts in 1913 is not to be interpreted, however, as marking the year as abnormal in respect to labor disputes. On the contrary, such increase may be said to represent the normal, or at least the usual, accompaniment of a year characterized by active business conditions (although in the last few months of the year a considerable slackening of business activity was evident), and hence with a good demand for labor and a rising cost of living (see this topic, infra), the latter furnishing naturally the stimulus and the former the favorable opportunity for wage earners to seek better terms of employment. In noting that the greater number of disputes involving suspension of work cannot be chronicled as extraordinary in view of general conditions, it is implied that there was nothing extraordinary in the character of the great mass of the year's controversies. The more notable points in this part of the year's labor history, therefore, are to be found rather in certain individual disputes or particular features, either novel or exceptional, in such episodes. Leading all other controversies of the year in such features, perhaps, was the strike of silk workers at Paterson, N. J.

Strike of Silk Workers in Paterson, N. J.-A general strike of workers in

the broad-silk mills of Paterson began on Feb. 25. Prior to this a strike in one mill had occurred late in January in opposition to the introduction of the so-called four-loom system, and it is from this earlier strike that the beginning of the dispute may properly be dated. Shortly after Feb. 25 the strike extended to the ribbon factories and then to the dye shops. The number of establishments involved was reported as 293 and the number of employees has been given as 25,000 to 27,000, the entire silk industry of Paterson being involved.

that field. Hence to the workers the change seemed to bear the menace not only of displacement of workers by machinery, and possibly severer strain of work at equal pay in tending more machines, but the more serious and far-reaching menace of employment of cheaper labor and general lowering of wages.

Upon this central issue was joined rarely been equaled, lasting as it did a struggle which for stubbornness has till the close of July, months, during most of which the ena period of five idle. Repeated efforts to bring about tire industry in Paterson remained a settlement, made by both public authorities and private agencies in the city, proved wholly unavailing, and the struggle finally ended by the virtual exhaustion and surrender of the strikers by return to work. According to the most reliable press reports, the strikers lost above $5,000,000 in wages, with probably an equal loss to employers, besides heavy losses to other business interests in Paterson.

The demands formulated by the strikers several days after the general strike began included the abolition or non-introduction of the three- and four-loom system in place of the existing one- or two-loom systems and an increase of wages for the broad-silk workers, an increase of wages for the ribbon weavers, a minimum wage and better sanitary conditions for the dyeshop hands, and a general eight-hour day. The central issue, both in its significance for the industry and the workers and because it concerned the riety, and its most significant as well What gave the dispute widest notolargest number of the latter, was the as novel aspect, was the kind of orthree- and four-loom system. Mechan- ganization and leadership which apically, these systems involved the tend-peared among the strikers. This was ing by each worker of three or four the organization known as the Induslooms instead of one or two as before, trial Workers of the World. It was together with an increase in auto-charged that this organization, commatic devices on the machines. But ing in from outside, was the real the significance of the change for both instigator of the strike, but the stateindustry and worker was deeper than ments of impartial investigators inthis alone would indicate. The three-dicate that this was not the case, and or four-loom system is used for the that it was not until the strike was production of cheaper grades of silk. already imminent or actually begun Previously the Paterson industry had that the I. W. W. became an imporconfined itself almost entirely to the tant factor in it. In other words, so higher grades using other systems. far from creating the strike, it stepped But the newer three- and four-loom in to seize an opportunity for its system had been successfully devel- propaganda presented by the condioped and used in other localities, no- tions above described, which had cretably in Pennsylvania, where a much ated a situation between employers cheaper grade of labor was employed and employees already strained to the than in the higher-grade mills in Pat-breaking point. In any case, the conerson, and where, with this combination of more highly developed machinery and cheaper labor, a greater prosperity had fallen to the industry than in Paterson. The introduction of the new system in Paterson, therefore, really marked the entrance of the Paterson employers into the field of cheaper silk production and competition with these other localities in

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spicuous fact is that the leadership of the strike was assumed by the I. W. W., that all the strikers joined that body, and that the latter succeeded in holding the entire body of strikers solidly together month after month during the dispute. The solidarity of the strikers in their allegiance to this organization during the dispute is especially attested by the fact that

the older and more conservative Amer- | ership, but rather indicates only conican Federation of Labor attempted to tinuance of familiar problems in instep in and organize the workers with dustrial relations. What is more ima view to settling the dispute by arbi-portant is to emphasize the distinction tration with the employers, who had between what the Paterson silk workintimated their willingness to dealers were striking for and what the with the latter organization, and that this attempt failed completely.

I. W. W. leaders were working for, a difference which the startling nature of the latter's doctrine and methods may easily crowd out of view. The great mass of the Paterson silk workers were not striking for the I. W. W. doctrines of industrial control. On the contrary, their issue was simply the familiar and legitimate one of better terms of employment under the

of their prompt acceptance and following of the leadership of those for whom the revolutionary propaganda was the main issue, therefore, was less a sign of the success of a revolutionary propaganda than of the absence of any other source of aid in what seemed to them a fight for economic justice. Herein lies the chief lesson and revelation of the Paterson strike. If no more conservative leadership or social agency for improvement of their condition is developed which shall gain their confidence, the increasing number of industrial communities made

The significance of this leadership of the strike by the I. W. W. lies in the character of that organization, representing as it does organization of wage earners along industrial instead of trade lines, and, more especially, advocating in this country the revolutionary doctrines and methods better known in Europe as syndical-existing economic system. The fact ism. Readers unfamiliar with the latter are referred to the special article on "Syndicalism" elsewhere in this volume (Department XVI) for a full presentation of its doctrines and methods. Suffice it here to put it briefly that the central principle of this doctrine is the taking over of the control and operation of the means of production by wage earners, to be accomplished by direct action against employers. It is not surprising to find, therefore, that the entrance of the I. W. W. into the dispute had the distinct effect of adding to the familiar aspect of industrial disputes as con-up, as at Paterson, largely of low-paid troversies over the terms of a collective bargain, somewhat of the character of a revolutionary struggle between opposing doctrines of industrial control. So far as the I. W. W. is concerned, every strike in which it can operate represents, in accordance with its philosophy, an opportunity to push forward its fight for control, and very consistently the national leaders and resources of the organization were for the time being centered in the Paterson dispute. And it was this element which, as indicated by the statements of the latter, accounts for the persistently uncompromising attitude of the employers throughout the dispute. It is not possible here to go into details of the extreme attitude or action taken by any of the parties affected by the dispute, whether employees, Strike of Coal Miners in West Viremployers, or the public. They may ginia.-Another of the year's disputes easily be found in the press reports of which should be specially mentioned the time. As a matter of fact, lawless in a review of the year's industrial action such as occurred at Paterson controversies is the strike of miners presents no new spectacle in labor dis-on Paint and Cabin Creeks in West putes under a different kind of lead- Virginia which began in April, 1912,

workers of foreign extraction, may be expected under economic pressure to offer quick acceptance of the leadership of champions holding revolutionary doctrines.

What adds emphasis to this lesson of the Paterson dispute is the fact that almost exactly the same circumstances and results which reveal that aspect of the strike at Paterson were present in the great strike at Lawrence, Mass., in 1912 (A. Y. B., 1912, p. 403), and appeared also in the smaller but locally notable strike at Little Falls, N. Y., in the fall of 1912.

For fuller accounts of the Paterson

strike the reader is referred to special articles in The Outlook of June 7 (p. 283) and The Survey of the same date (p. 355).

waist makers on Jan. 14. In the strike of men's garment makers 115,000 employees were directly concerned, while in the strikes in other branches comprising women's wear 45,000 employees took part (including 35,000 dress and waist makers), making a total of 160,000 in the garment trades of the city. All of these strikes were to enforce general schedules of union demands, with wages or hours as leading issues.

The most significant feature of these disputes lies in the settlements reached in case of the shirt waist, wrapper and kimono and white goods workers, which seem to open a new régime in the handling of disputes in those industries, as pointed out below in connection with the subject of conciliation and arbitration.

and was not definitely closed until the signing of agreements in July, 1913, although actual hostilities were suspended in April. What makes this dispute notable is the exhibition it presents of violence, lawlessness, and bitterness as extreme in kind as has been seen in almost any other dispute, fully reviving the picture of an industrial dispute conducted literally on the lines of an armed conflict such as made Homestead and Cripple Creek famous. In the end agreements were signed, that at Paint Creek recognizing the union, the question of recognition having been a fundamental issue, and granting nearly all of the miners' demands, and that at Cabin Creek, though not recognizing the union, granting a considerable portion of the demands. But this pacific appearing settlement was not arrived at until Other Disputes. Of other strikes of more than a year's bitter warfare had the year there may be noted as havaccumulated a total loss, according to ing attracted widespread attention a a summary in the Iron Age, of 13 general strike of copper miners in lives, $2,000,000 to employers, $1,500,- Upper Michigan begun in July and 000 in wages, $602,000 in contribu-still unsettled at the end of the year, tions of union miners in other states, in which the right to organize was $500,000 to the tax payers of the the main issue; a strike of coal minstate or county, and $10,000 in propers in southern Colorado begun in erty destroyed, a total money loss of $4,612,000. So far did this conflict transcend the ordinary circumstances of an industrial dispute that on May 27 the United States Senate passed a resolution calling for an investigation of conditions in the West Virginia coal fields by the Committee on Education and Labor. A subcommittee, consisting of Senators Swanson (Va.), Shields (Tenn.), Martine (N. J.), Borah (Idaho), and Kenyon (Iowa), Most conspicuous of the year's held hearings in West Virginia dur- events in the field of peaceful coling the summer, but the general Com-lective bargaining as opposed to the mittee has not yet presented its report. method of strike or lockout were the (See also IX, Law and Jurispru- arbitrations of the railroad firemen's,

dence.)

September for union recognition and likewise pending in December; and a street-car strike in Indianapolis which involved rioting and bloodshed and the calling out of militia, and which was finally settled by the intervention of the Governor.

CONCILIATION AND ARBI

TRATION

and conductors' and trainmen's demands in the eastern railroad district.

Strikes of Garment Workers in New York City. Notable for numbers involved, rather than for any peculiar Arbitration of Railway Firemen's features in the disputes themselves. Dispute.-On behalf of the firemen on were simultaneous strikes in the great the 52 eastern railroads, demands inclothing trades of New York City, cluding an increase of wages as forewhich is the chief center of the cloth- most, were presented to the railroads ing industry in the United States. by the Brotherhood of Locomotive These included strikes of men's gar- Firemen and Enginemen in April, ment workers begun on Dec. 30, 1912, 1912, at the same time as those of of wrapper and kimono makers on the engineers, which were arbitrated Jan. 6, of white goods (underwear) in 1912 (A. Y. B., 1912, p. 402). The makers on Jan. 7, and of dress and eastern railroad district includes the

entire territory north of the Potomac | Feb. 18 the railroads finally, under and Ohio Rivers as far west as Illi- strong protest, accepted arbitration nois. In it there are nearly 67,000 under the terms of the law. The miles of main track, handling above 40 per cent. of the traffic of the United States, while the population of the district is over 38,000,000.

board appointed consisted of Albert Phillips as representative of the firemen, W. W. Atterbury representing the railways, and Judge W. L. Chambers as chairman. Its award was published on April 24. On the principal question of wages the award was a compromise. The demand for two firemen on certain types of engines, the most important of the other issues, was not granted, but provision for arbitration of individual cases was made. Most of the other demands as

Direct negotiations of the parties during 1912 having failed to bring about an agreement, arbitration under the Erdman Act was proposed. This proposal brought forth expressions of willingness to arbitrate from both sides, but at the same time a very strong difference of opinion as to the manner of arbitration. The firemen were in favor of arbitration | to conditions of work were granted. under the Erdman Act, whereas the Amendment of the Erdman Act.— railroads proposed an arbitration similar to that in case of the engineers' demands in 1912. In this case, a board of seven members acted under a special agreement drawn up between the parties and not under the Erdman Act. This board consisted of one representative of each side and five nonpartisan persons. Under the law the board must consist of three persons, one chosen by each side with a chairman chosen by these two, or failing such a choice, by the government mediators, who, under the law, may, upon request, serve as mediators prior to arbitration. The refusal of the firemen to repeat the style of arbitration in the engineers' case grew out of considerable dissatisfaction which the proceedings and award in that case aroused among employees, the chief criticism being against the unfamiliarity of the five non-partisan members with railroad conditions and against the character of evidence secured by the board, as alleged, outside of the hearings. The railroads, on the other hand, based their objection to procedure under the law on the amount of responsibility, in view of the size of the dispute, resting upon one man as third member of the board, each of the other two members being inevitably representatives of one side.

So solid was the deadlock over this question of the form of arbitration, that it seemed for a while as though a general strike might result. In fact, such a strike had been authorized by a referendum vote of the firemen and seemed only a few hours off when on

One result of the experiences in the firemen's dispute and the engineers' controversy preceding it, was the introduction in Congress in June of a bill to amend the Erdman Act. The dissatisfaction over the composition of the board provided for in that law, forcibly brought out in the firemen's dispute, has just been noted. Another point which the firemen's case, following upon the heels of that of the engineers, and with a third dispute of equal dimensions raised by demands of the conductors and trainmen in the eastern district already at hand, had served to make clear, was the inadequacy of the mediation provisions of the law. Such mediation work, when requested, was assigned to the chairman of the Commerce Court and the Commissioner of Labor, to be performed in addition to the full work of their regular official positions. The size of the interests, both of the public as well as of employers and employees, menaced by such great disputes as those in the eastern district obviously made the conservation of industrial peace in railway transportation too important a matter to be left as secondary duties of any official. Accordingly, the amendment offered by Senator Newlands, proposed in the first place, with reference to arbitration, to permit the parties to choose between an arbitration board of three members, as before, and one of six members, two chosen by each side and two by these four; and in the second place it proposed to create the independent office of Commissioner of Mediation and Arbitration, who, with

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