Ry. Minnesota Transfer Ry.. Missouri, Kansas & Texas Ry. Missouri Pacific System. Morgan's Louisiana & Texas R. R New Orleans, Texas & Mexico R. R. Northern Pacific Ry... Oregon & Washington R. R.. Oregon Short Line Ry... Oregon R. R. & Navigation Co.. Quincy, Omaha & Kansas City R. R.. Rock Island Lines.. St. Joseph & Grand Island Ry. St. Joseph Terminal R. R.. St. Louis & San Francisco R. R. St. Louis, Brownsville & Mexico Ry. St. Louis Southwestern Ry... San Antonio & Aransas Pass Ry.. San Pedro, Los Angeles & Salt Lake R. R Santa Fe, Prescott & Phoenix Ry.... Southern Pacific Co... Spokane, Portland & Seattle Ry. Tacoma Eastern R. R.. Texas & New Orleans R. R. Texas & Pacific Ry. Union Pacific R. R. Trinity & Brazos Valley Ry. 115, GOO 2,600 do. 47 New Orleans & Northeastern K. R.. Nov. 22, 1911 Company... Alabama & Vicksburg Ry..... [Vicksburg, Shreveport & Pacific Ry. 48 Dec. 29, 1911 Company and employees Chesapeake & Ohio Ry....... jointly. 500 2,250 1 The Brotherhood of Locomotive Firemen and Enginemen, while primarily an organization of firemen, also includes in its membership hostlers and a considerable number of engineers. 2 When this application for mediation was received one of the mediators was in Denver, and the other in New York, on other duties and unable to leave them. Preliminary negotiations were carried on by telegraph. Several conferences were held in Washington between the dates of the application and the settlement. THE ERDMAN ACT, JUNE 1, 1898, TO DECEMBER 31, 1911-Concluded. [Brotherhood of Lo Engineers... 24,600 comotive Engi- Dec. 17, 1910 Chicago, Ill.... Mediation... Dec. 24, 1910 Firemen and Brotherhood of Rail road Trainmen. 1,800 Brotherhood of Lo-May 29,1911 Washington, Mediation... June 10, 1911 engine comotive Firemen D. C. There were no mediation proceedings in this case, as the parties to the controversy agreed upon an arbitration under the provisions of the act without attempting mediation. For further particulars, see Table II, p. 56. In this case the manager of the road replied that he did not consider the situation serious and believed the differences could be adjusted by further negotiations with the representatives of the employees. The representatives of the employees were so notified, and the matter was settled through further direct negotiations. TABLE II.-ARBITRATION PROCEEDINGS UNDER THE ERDMAN ACT, INCLUDING 25 R. Certain rail- Switchmen.. Jan. 19, 1910 roads leading out of Chicago. R. H. Ingram. H. B. Perham. Hilary A. Herbert.. Ira G. Rawn.. Carl R. Gray...... S. E. Heberling.. Horace Baker.. Geo. H. Groce..... W. R. Scott.. J. S. B. Thompson.. Albert W. Sullivan.. Wm. L. Chambers.. W. S. Martin... Wm. L. Chambers.. H. B. Spencer.. Wendell P. Stafford. Attorney at law.. Gen. supt., S. Pac. Co.... U. S. Representative.. President, Monon Route.. Vice pres. St. L. & S. F. 1st vice pres. S. U. of N. A.. Gen. mgr. Q. & C. route. Prof. of sociology, Cath. Vice pres. O. R. T. Spanish Treaty Claims Asst. gen. mgr. D. & R. Attorney and counsellor Vice pres. Sou. Ry..... firemen 1 The Brotherhood of Locomotive Firemen and Enginemen, while primarily an organization of firemen also includes in its membership hostlers and a considerable number of engineers. 2 The two arbitrators agreed upon a third arbitrator, but in order to make the appointment legal (five days having elapsed) he was appointed by the chairman of the Interstate Commerce Commission and the Commissioner of Labor. For further explanation, see pp. 15 and 16. CASES WHERE MEDIATION WAS FIRST INVOKED AND CASES OF ARBITRATION DECEMBER 31, 1911. Employers. Employees.. Jan. 29, 1910 Mar. 7,1910 Cincinnati, Ohio.... Mar. 28, 1910 do..... Chmn. I. C. C. and Com. of Labor.. Feb. 28, 1910 3 For details as to roads involved, see Table I, p. 48. For details as to roads involved, see Table I, p. 50. The two arbitrators agreed upon a third arbitrator, but in order to make the appointment legal (five days having elapsed) he was appointed by the presiding judge of the Commerce Court and the Commissioner of Labor. For further explanation, see pp. 15 and 16. 31326°-Bull. 98-12--5 APPENDIX I.-ACTS CONCERNING MEDIATION AND ARBITRATION OF CONTROVERSIES BETWEEN CARRIERS ENGAGED IN INTERSTATE COMMERCE AND THEIR EMPLOYEES. ACT OF JUNE 1, 1898: 30 STAT., 424. SECTION 1. The provisions of this act shall apply to any common carrier or carriers and their officers, agents, and employees, except masters of vessels and seamen, as defined in section forty-six hundred and twelve, Revised Statutes of the United States, engaged in the transportation of passengers or property wholly by railroad, or partly by railroad and partly by water, for a continuous carriage or shipment, from one State or Territory of the United States, or the District of Columbia, to any other State or Territory of the United States, or the District of Columbia, or from any place in the United States to an adjacent foreign country, or from any place in the United States through a foreign country to any other place in the United States. The term "railroad" as used in this act shall include all bridges and ferries used or operated in connection with any railroad, and also all the road in use by any corporation operating a railroad, whether owned or operated under a contract, agreement, or lease; and the term "transportation" shall include all instrumentalities of shipment or carriage. The term "employees" as used in this act shall include all persons actually engaged in any capacity in train operation or train service of any description, and notwithstanding that the cars upon or in which they are employed may be held and operated by the carrier under lease or other contract: Provided, however, That this act shall not be held to apply to employees of street railroads and shall apply only to employees engaged in railroad train service. In every such case the carrier shall be responsible for the acts and defaults of such employees in the same manner and to the same extent as if said cars were owned by it and said employees directly employed by it, and any provisions to the contrary of any such lease or other contract shall be binding only as between the parties thereto and shall not affect the obligations of said carrier either to the public or to the private parties concerned. SEC. 2. That whenever a controversy concerning wages, hours of labor, or conditions of employment shall arise between a carrier subject to this act and the employees of such carrier, seriously interrupting or threatening to interrupt the business of said carrier, the chairman of the Interstate Commerce Commission and the Commissioner of Labor shall, upon the request of either party to the controversy, with all practicable expedition, put themselves in communication with the parties to such controversy, and shall use their best efforts, by mediation and conciliation, to amicably settle the same; and if such efforts shall be unsuccessful, shall at once endeavor to bring about an arbitration of sald controversy in accordance with the provisions of this act.' SEC. 3. That whenever a controversy shall arise between a carrier subject to this act and the employees of such carrier which can not be settled by mediation and conciliation in the manner provided in the preceding section, said controversy may be submitted to the arbitration of a board of three persons, who shall be chosen in the manner following: One shall be named by the carrier or employer directly interested; the other shall be named by the labor organization to which the employees directly interested belong, or, if they belong to more than one, by that one of them which specially represents employees of the same grade and class and engaged in services of the same nature as said employees so directly interested: Provided, however, That when a controversy involves and affects the interests of two or more classes and grades of employees belonging to different labor organizations, such arbitrator shall be agreed upon and designated by the concurrent action of all such labor organizations; and in cases where the majority of such employees are not members of any labor organization, said employees may by a majority vote select a committee of their own number, which committee shall have the right to select the arbitrator on behalf of said employees. The two thus chosen shall select the third commissioner of arbitration; but, in the event of their failure to name such arbitrator within five days after their first meeting, the third arbitrator shall be named by the commissioners named in the preceding section, A ma 1 For change in law as to mediators see act of March 4, 1911, p. 61, below. |
