Part 13
By order of the executive committee of the United Order of American Bricklayers and Stonemasons.
A. E. VORKELLER, CHARLES J. LINDGREN, [Seal.] FRED RECKLING, JAMES SIDLAK, JOHN PEARSON.
The objection to the United States judge was amusing to those who fully understood the situation. If he had been a judge whom they had helped to elect, or was a politician, there might have been no objection on the part of the executive committee of the union. But they would not submit to a United States judge because, they said, he did not come in "contact" with the laboring men. They wanted some one who did or had come in "contact" with them, because they believed such a judge or person would be afraid, for political reasons, to decide against the power of the union. The union was also afraid to submit to fair-minded men its constitution and by-laws in comparison with the code of principles of the Master Masons, because its rulers well knew that a decision would be against them, and their union would fall. It was well known that if President Vorkeller could have had his way, or could have controlled the union, a settlement would have been reached that would have been satisfactory to every builder in the city. But he was powerless, because every proposition he had made to adopt the code of principles of the builders had been howled down, and he had been threatened with violence if he persisted in his efforts to reach a settlement in that way. On one occasion, when Mr. Vorkeller insisted upon such a course, he was assaulted by an enthusiastic striker and was "struck like a dog."
Wednesday, June 29th, the Master Masons' association held a meeting, and by a vote of 41 to 30 decided to appoint a committee of arbitration, and named George C. Prussing, Joseph Downey, George Tapper, William O'Brien and Charles W. Gindele. After the committee was created it was instructed to stand firmly by the code of principles of the Association and to require their recognition by the Bricklayers before proceeding to a settlement of differences.
The action of the meeting did not meet the views of all the members of the Association, some of whom were fully determined that it was impolitic to appoint an arbitration committee, even when its powers were abridged by a demand for full recognition of the code of principles upon which they had been standing for weeks.
The committee did not suit the Bricklayers. A dozen of them were standing outside the Exchange to hear the decision of the meeting. When they were informed that Mr. Prussing was on the committee they swore they would never arbitrate anything with a committee of which he was a member. What objection they had to Mr. Prussing they would not explain, but insisted that "it was of no use to talk of such a thing as arbitration with George C. Prussing." Some cooler heads among the party finally concluded that it would be time enough to object to the composition of the committee after they had received a communication from President Downey, and knew what they were expected to arbitrate. When it was suggested to them that they would be expected to subscribe to the code of principles of the Master Masons' Association, one of them said it made little difference who was on the committee, as that would never be done by the Union Bricklayers. Other members of the Union said this would make no difference, as the code of principles was just, but it would be very difficult to get the Union to adopt them. The conservative element on both sides of the question were encouraged by the action of the Master Masons, and said a settlement would be reached that would be satisfactory to everybody.
President Downey prepared and caused to be sent to President Vorkeller official notification of the action of the association, as follows:
A. E. VORKELLER, President United Order of American Bricklayers and Stonemasons. _Sir_:--Chicago Master Masons' and Builders' Association has this day appointed a standing committee of arbitration of five of its members with full power to act for and in behalf of this organization in settlement of any and all differences existing. You have been informed of the platform and code of principles adopted by this body. On these it stands. All other questions may properly be arbitrated. Please inform this body whether your committee has been appointed with full power to bind your organization by joint action with us. If so, our committee is ready and shall be pleased to meet your committee at the earliest time convenient for the selection of an umpire and arrangement of preliminaries. The arbitration committee appointed by this association consists of Messrs. George C. Prussing, George Tapper, William O'Brien, Charles W. Gindele and Joseph Downey. Respectfully,
JOSEPH DOWNEY, President. H. MUELLER, Secretary.
In reply to this communication President Vorkeller sent to President Downey an acceptance of the proposition, as follows:
JOSEPH DOWNEY, President--_Dear Sir_: Your communication notifying me that your Association has appointed a committee of five to meet a like committee from our organization for the purpose of settling, if possible, the present lockout, is at hand. In reply will say that we await your convenience and will hold ourselves in readiness to meet your committee at any time and place you may appoint.
Yours respectfully, A. E. VORKELLER, President.
The time and place of meeting was fixed by President Downey in a note to President Vorkeller, as follows:
A. E. VORKELLER, President.--_Sir_: Your communication received, and would say in reply that our committee will meet your committee at 10 o'clock to-morrow morning at the Grand Pacific hotel.
Respectfully, JOSEPH DOWNEY, President.
Friday morning, July 1st, the joint arbitration met. The members were on hand in full force, the opposing elements being represented as follows: Master Masons' association--Joseph Downey, George Tapper, George C. Prussing, Charles W. Gindele, William O'Brien. Bricklayers' union--Albert E. Vorkeller, P. J. Miniter, John Pearson, C. J. Lindgren, Fred Rebush. They pretended to be very glad to see each other, and smiles were exchanged freely. When they entered the committee room, President Downey introduced Mr. Prussing to President Vorkeller, and requested him to introduce him to the other members of the committee from the Union. This appeared to be an assumption that Mr. Prussing was a comparative stranger to the members of the committee, but he had been so well known that the bricklayers had repeatedly asserted that they would not arbitrate if he was on the committee. It was amusing to witness the cordiality with which John Pearson grasped Mr. Prussing's hand, and to hear him say he was glad to see him, when the bitter words of denunciation of the previous day had hardly got cold on Mr. Pearson's lips. Mr. Prussing was introduced all around, after which he suggested that they at once proceed to select a chairman and get down to the business of adjusting their differences in a manner that would insure a permanent settlement of their troubles and an assurance that for all time the friendliest relations might be maintained between employer and employe. "The first thing to do," said Mr. Prussing, "is to select a chairman."
Mr. Vorkeller, president of the Union, half elevated his wiry form, and, looking toward four reporters in the room, said: "The first thing to do is to put these outsiders on the outside." The reporters retired. They had previously been advised that the Master Masons were in favor of an open meeting, but a secret session having been demanded by the bricklayers it was conceded by the masons. It was apparent that the bricklayers had determined that the public should know nothing of their deliberations, and as little as possible of the result.
At the morning session George Tapper was selected chairman. An effort was then made to agree upon the eleventh member of the committee. The bricklayers insisted upon the appointment of Richard Prendergast, Judge of the County court of Cook county, and the master masons urged that Walter Q. Gresham, Judge of the U. S. circuit court, should be the man. The bricklayers strenuously opposed any United States officer, and the names of both judges were dropped. An umpire was parleyed over for an hour, and a general discussion of the situation occupied the remainder of the morning session without reaching a conclusion upon anything except a chairman.
The afternoon session lasted three hours. When the committee adjourned it was announced that the members had done nothing for the public, and had agreed to not make known their work until it was completed. However, the deliberations of the afternoon were of a progressive character. Many questions were discussed and some rules were agreed to, which meant that there was a strong probability that the contending elements would get close enough together to agree upon an award. During the afternoon the names of many prominent citizens were suggested for the position of umpire, but no selection was made. It seemed to be the desire of both factions to secure someone who would not be prejudiced in favor of "the other fellow." The sessions of the day were "perfectly harmonious," and as the members of the committee became "better acquainted" with each other, they gave stronger assurances of a permanent friendship, if nothing else.
The members of the committee slept over the list of names of prominent citizens, who had been suggested for the position of umpire, and on Saturday when they got together Judge Tuley, of the Superior court of Cook county, was unanimously chosen umpire. The judge was officially notified of the action taken, advised of the questions at issue between the contestants, and asked if he would accept the responsibility which was sought to be put upon him.
A reply was received stating that from a sense of duty he would accept. A short session of the committee was held in the afternoon to receive the reply, and an adjournment was then taken until 9 o'clock Monday morning.
The Fourth of July was celebrated by the joint committee sticking right to business. They believed the questions at issue were more momentous than a remembrance of the anniversary of the birth of the nation by a display of fireworks. According to agreement the joint committee met at 9 o'clock, and Judge Tuley assumed the chair as umpire. The work began by acquainting the umpire with the situation as it was viewed from both sides, the differences and grievances being rehearsed in such a graphic manner that the judge was profoundly impressed with the importance of the questions which he had been called upon to settle, and he announced his readiness to proceed to such a conclusion as would forever put at rest all contention over the labor problem in Chicago, as far as it related to the building interests. The entire morning session was taken up in debates and the umpire discovered that he would be required to call into requisition not only his knowledge of the law, but all the parliamentary tactics with which he was familiar, with a possibility that he would have to occasionally invent a ruling to suit the special occasion. The code of principles of the Master Masons was submitted and discussed at length. The code was not adopted as a whole, but was held in abeyance in order that other questions should be submitted to ascertain what bearing the code might have upon them. It was decided that the real issue should be narrowed down to facts which directly bore upon the foundation for differences between the contestants.
At the afternoon session the order of business was first defined and then the struggle began over the items of difference, which were taken up in the order agreed upon and discussed. These points embraced the many hard questions which had occasioned strikes and lockouts for five years. They included the various demands of the bricklayers, which had been objected to or conceded from time to time, from the demand for an increase of wages in 1883 to the unsatisfied insistence upon a Saturday pay-day.
A sub-committee, composed of Messrs. Prussing, of the Master Masons, and Miniter, of the Bricklayers, prepared a statement showing all points upon which the contestants agreed and disagreed. Every disputed point was then so thoroughly argued by both sides that Judge Tuley was fairly saturated with facts and eloquence. The umpire was very cautious, and asked a great many leading questions of both sides. He evinced a disposition to become fully advised and enlightened, not only as to the points of difference, but as to their effect upon the contestants. He wanted to know it all, but he expressed few opinions, and made very few decisions. His idea seemed to be to endeavor to lead the contestants up to points at which they might possibly be able to agree without the necessity for his casting a vote upon a disputed question, and in this course he was upheld by both sides, because it had a strong tendency to promote and preserve harmony between the two. In fact, the umpire endeavored to show them how they could reach a conclusion without the use of an umpire.
As the time for making the award drew near, the members of both organizations, and in fact, of all trades, became very anxious to know the result. They used every means within their power to obtain some information from the committeemen in regard to the manner in which points of difference had been or would be adjusted, but the mouths of the arbitrators remained sealed. They simply said: "Wait for the verdict, and you will be satisfied."
On Friday, July 8th, at 6 o'clock in the evening, the joint committee concluded its labors and adjourned, after having adjusted the differences between the Master Masons and the Bricklayers which had caused a strike and lockout in the building trades lasting nine weeks. The award was made and signed by the ten arbitrators and the umpire.
After the committee adjourned both factions acknowledged themselves perfectly satisfied with the award, and congratulated each other upon a result which, they said, they hoped and believed would forever settle their differences, and in the future prevent strikes and lockouts in the building trades represented by the Master Masons on the one part and he Bricklayers and Stonemasons on the other part. The members of the committee parted as friends, and seemed to understand each other so well that if they could control the destinies of the two factions there would never be an occasion for an arbitration committee between the two to settle a strike. It was agreed that the award should be submitted to the Bricklayers' union and the Master Masons' association for ratification, and that building should be resumed on Monday, July 11th.
The award of the committee was as follows:
TO THE UNION OF THE UNITED ORDER OF AMERICAN BRICKLAYERS AND STONEMASONS AND TO THE MASTER MASONS' AND BUILDERS' ASSOCIATION OF CHICAGO: The joint committee of arbitration, composed of an arbitration committee of five from each of your organizations, with Judge M. F. Tuley unanimously selected as umpire, have concluded their labors and respectfully report:
That, recognizing the fact that organizations of employes and employers, like these from which this committee originated, do exist and have become important factors in our industrial society, and that they will, in all probability, continue to exist, we do not attempt to determine whether the motive or basis of either organization was right or wrong. They appear to be a necessity arising out of the present conditions of society, and while such combinations keep "from violence or show of violence" no great danger need be apprehended. Nor did we attempt to determine which organization was to blame for the present paralyzed condition of the building industry of this great city. We recognized the fact that the two organizations between which there should be many "bonds of sympathy and good feeling" were carrying on a bitter war with each other, by which many thousands of men were deprived of work, much suffering and privation brought upon innocent parties, and immense pecuniary losses daily sustained; and we determined, if possible, to reconcile the differences and place the relations of the two organizations upon a basis by which strikes, lookouts, and other like disturbances might in future be avoided. We discussed the relations of the contractor and the workmen, and found much in which they had a common or joint interest, and were mutually concerned. We endeavored to discuss and settle each trouble and grievance in a conciliatory spirit, not in way of compromise, to give and take, but in a spirit of fair play and upon just and equitable principles.
We found that the main cause of trouble was in the separate organizations endeavoring to lay down arbitrary rules for the regulation of matters which were of joint interest and concern, and which should be regulated only by both organizations by some species of joint action. We, therefore, determined upon and submit herewith a project for the institution of a joint standing committee for that purpose. The article herewith submitted, providing for such a joint standing committee, to be elected annually in the month of January, defining its powers and duties, we request shall be incorporated into the constitution of each association.
This joint committee will be constructed of an arbitration committee of five members from each organization (the president of each being one of the five) and an umpire who is neither a working mechanic nor an employer of mechanics, to be chosen by the two committees. This joint committee is given power to hear and determine all grievances of the members of one organization against members of the other, and of one organization against the other. To determine and fix all working rules governing employer and employes, such as:
1 The minimum rate of wages per hour.
2 The number of hours of work per day.
3. Uniform pay-day.
4. The time of starting and quitting work.
5. The rate to be paid for night and Sunday work, and questions of like nature.
And it is also given power to determine what number of apprentices should be enrolled so as to afford all boys desiring to learn the trade an opportunity to do so without overcrowding, so as not to cause the coming workmen to be unskilled in his art or the supply of labor to grossly exceed the demand therefor. It is also given exclusive power to determine all subjects in which both organizations may be interested, and which may be brought before it by the action of either organization or the president thereof.
It becomes necessary, in order that all questions and grievances which the committee has settled, and to make the constitution and by-laws of the organizations conform thereto, and to the powers given to future joint arbitration committees, that some changes should be made in such constitution and by-laws. The adoption by the Master Masons' and Builders' association of the article for the joint committee, as recommended, together with some slight changes in their constitution, will be sufficient. The United Order of American Bricklayers and Stonemasons will be necessitated to make changes in its constitution and by-laws to make the same consistent with and to conform to the spirit and intent of the powers and duties conferred on the joint committee; and among other things the officer heretofore known as the walking delegate is to be known hereafter as the collector, and all the objectionable duties and powers of the office have been done away with. The steward will remain guardian of the men's interests and mediator for them; his arbitrary powers are taken away. The interests of the members of the union are protected by the foreman being required to be a member of the union, but he is restored to his position as the employe of the contractor, and, while so employed, is not subject to the rules of the union. The eight-hour day has been conceded to the workmen. It is in accordance with the state and, we believe, in accord with the spirit and progress of the age. The question of pay-day, whether on Saturday or on Tuesday, was not considered a question of vital importance, but, it being one of the questions left to the umpire, he decided that inasmuch as Tuesday has been the pay-day with the principal contractors in the trade of this city for more than twenty years last past, and, as experience in other trades and occupations has demonstrated that the pay-day of Monday or Tuesday has worked more beneficially to the workmen and their families than the Saturday pay-day, and, inasmuch as contractors ought not to be required to change the pay-day in the midst of the working season, having presumably made their pecuniary arrangements to meet the Tuesday pay-day, he would name Tuesday as the regular pay-day until the same should, if desired hereafter, be changed by the joint committee on arbitration.
We have settled the differences between the two organizations. While every inch of the ground has been fought over, yet, having the task assigned us, we in good faith determined to do everything that was fair, just and honorable to accomplish our object. We feel we have succeeded without compromising the honor, the rights, or the dignity of either organisation, and hope that we have succeeded in establishing a basis upon which all future troubles may be settled and probably be prevented. We respectfully ask your adoption of this report and the article as to the joint arbitration committee, by immediate action, to the end that work may be commenced on Monday, July 11th, it being agreed that neither organization shall be bound by its action if the other should refuse to take similar action.
A. E. VORKELLER, P. J MINNITER, JOHN PEARSON, THEODORE REBUSH, CHARLES J. LINDGREN, Arbitration Committee for the U. O. A. B. and S. M. Association.
GEORGE C. PRUSSING, JOSEPH DOWNEY, GEORGE TAPPER, WILLIAM O'BRIEN, CHARLES W. GINDELE, Arbitration Committee for the Master Masons' and Builders' Association.
M. F. TULEY, Umpire.
One of the troublesome questions which was considered by the arbitrators was the one in relation to apprentices. On this question there was no agreement by the joint committee, but Judge Tuley made the following statement and recommendations, all of which met the approval of both organizations:
A limitation upon the number of apprentices in a craft has always existed either by legislative action or by custom of the craft, and the number that should be taken must be affected to a large extent by the general principles of the demand and supply of labor.