Chapter 24

The Arbitration Committee, or Board, consisted of Mr. Carl Meyer, representing the firm, and Clarence Darrow, representing the employés. The office of chairman was not filled until December, 1912, when Mr. J.E. Williams was chosen. The Board settled the questions around which the dispute had arisen, and an agreement for two years between the firm and the workers was signed. For some time the Board continued to handle fresh complaints, but it gradually became apparent that the Board, composed of busy men, could not hear all the minor grievances. The result of a conference was the organization of a permanent body, the Trade Board, to deal with all such matters, as these arose, or before they arose, reserving to both parties the right of appeal to the Arbitration Board. The plan can be judged from the following clauses in the constitution of the Trade Board:

TRADE BOARD

The Trade Board shall consist of eleven members who shall, if possible, be practical men in the trade; all of whom, excepting the chairman, shall be employés of said corporation; five members thereof shall be appointed by the corporation, and five members by the employés. The members appointed by the corporation shall be certified in writing by the corporation to the chairman of the board, and the members appointed by the employés shall be likewise certified in writing by the joint board of garment workers of Hart Schaffner & Marx to said chairman. Any of said members of said board, except the chairman, may be removed and replaced by the power appointing him, such new appointee to be certified to the chairman in the same manner as above provided for.

DEPUTIES

The representatives of each of the parties of the Trade Board shall have the power to appoint deputies for each branch of the trade, that is to say, for cutters, coat makers, trouser makers and vest makers.

APPEAL TO ARBITRATION BOARD

In case either party should desire to appeal from any decision of the Trade Board, or from any change of these rules by the Trade Board, to the Board of Arbitration, they shall have the right to do so upon filing a notice in writing with the Trade Board of such intention within thirty days from the date of the decision, and the said Trade Board shall then certify said matter to the Board of Arbitration, where the same shall be given an early hearing by a full Board of three members.

The Trade Board was accordingly organized, with Mr. James Mullenbach, Acting Superintendent of the United Charities of Chicago, as chairman.

When the time approached for the renewal of the agreement, the closed or open shop was the point around which all discussions turned. Eventually, neither was established, but instead the system of preference to unionists was adopted. It was thus expressed:

1. That the firm agrees to this principle of preference, namely, that they will agree to prefer union men in the hiring of new employés, subject to reasonable restrictions, and also to prefer union men in dismissal on account of slack work, subject to a reasonable preference to older employés, to be arranged by the Board of Arbitration, it being understood that all who have worked for the firm six months shall be considered old employés.

2. All other matters shall be deliberated on and discussed by the parties in interest, and if they are unable to reach an agreement, the matter in dispute shall be submitted to the Arbitration Board for its final decision.

Until an agreement can be reached by negotiation by the parties in interest, or in case of their failure to agree, and a decision is announced by the Arbitration Board, the old agreement shall be considered as being in full force and effect.

This came in force May 1, 1913.

The chairman of the Arbitration Board, making a statement, three months later, in August, 1913, after defining the principle to be "such preference as will make an efficient organization for the workers, also an efficient, productive administration for the company," went on:

In handing down the foregoing decisions relating to preference which grew out of a three months' consideration of the subject, and after hearing it discussed at great length and from every angle, the Board is acutely conscious that it is still largely an experiment, and that the test of actual practice may reveal imperfections, foreseen and unforeseen, which cannot be otherwise demonstrated than by test.

It therefore regards them as tentative and subject to revision whenever the test of experiment shall make it seem advisable.

The Board also feels that unless both parties coöperate in good faith and in the right spirit to make the experiment a success, no mechanism of preferential organization, however cunningly contrived, will survive the jar and clash of hostile feeling or warring interests. It hands down and publishes these decisions therefore in the hope that with the needed coöperation they may help to give the workers a strong, loyal, constructive organization, and the Company a period of peaceful, harmonious and efficient administration and production which will compensate for any disadvantage which the preferential experiment may impose.

The published pamphlet, under date January 28, 1914, concludes:

There have been no cases appealed from the Trade Board to the Board of Arbitration since January, 1913. During the last six months of 1913 there were not more than a dozen Trade Board Cases. So many principles have been laid down, and precedents established by both of these bodies, that the chief deputies are in all cases able to reach an agreement without appeal to a higher authority. A gradual change has taken place in the method of dealing with questions which present new principles, or which represent questions never before decided. The Board of Arbitration has appointed Mr. Williams as a committee to investigate and report, with the understanding that if an agreement can be reached by both parties without arbitrators, or, if the parties are willing to accept the decision of the Chairman, then no further meeting of the Board of Arbitration will be required. This method has proved to be exceedingly satisfactory to both sides and has resulted in a form of government which has gradually taken the place of formal arbitration. In most cases, the Chairman is able by thorough sifting of the evidence on each side, to suggest a method of conciliation which is acceptable to both parties.

A further experience of the System up till July, 1915, only confirms the above statement.

BIBLIOGRAPHY

LIST OF BOOKS AND REPORTS AND PERIODICAL LITERATURE SUGGESTED FOR READING AND REFERENCE

ABBOTT, EDITH. Women in Industry. New York, 1909.

ADAMS, T.H., and SUMNER, H.L. Labor Problems. New York, 1909.

ADDAMS, JANE. The Spirit of Youth in City Streets. New York, 1909.

ANDREWS, JOHN B. A Practical Plan for the Prevention of Unemployment in America. New York, 1914.

---- and BLISS, W.P.D. History of Women in Trade Unions in the United States. Vol. X of the United States Report on the Condition of Women and Child Wage Earners.

BEBEL, AUGUST. Woman in the Past, Present and Future (Trans.). New York, 1885.

BOWEN, LOUISE DE KOVEN. Safeguards for City Youth at Work and at Play. New York, 1915.

BRANDEIS, L.D. _Curt Miller_ v. _The State of Oregon_. Brief for defendants. Supreme Court of the United States. New York, 1908.

---- _Frank C. Stettler and others_ v. _The Industrial Welfare Commission of the State of Oregon_. Brief and arguments for the defendants in the Supreme Court of the State of Oregon. Consumers' League, New York, 1915.

---- and GOLDMARK, JOSEPHINE. Brief and Arguments for appellants in the Supreme Court of the State of Illinois. National Consumers' League, New York, 1909.

BRECKINRIDGE, SOPHONISBA P. Legislative Control of Women's Work. _Journal of Political Economy_. XIV. 107-109.

BROOKS, JOHN GRAHAM. The Social Unrest. New York, 1903.

BROWN, ROME G. The Minimum Wage. Minneapolis, 1914.

BUSBEY. Women's Trade Union Movement in Great Britain. U.S. Department of Labor. Bul. No. 83.

BUTLER, ELIZABETH B. Saleswomen in Mercantile Stores. New York, 1913.

---- Women in the Trades. New York, 1909.

CANADA. Department of Labor. Report of Royal Commission on Strike of Telephone Operators. Ottawa, 1907.

CLARK, SUE AINSLIE, and WYATT, EDITH. Making Both Ends Meet. New York, 1911.

CLARK, VICTOR S. The Labor Movement in Australia. New York, 1907.

COMMONS, JOHN R. Races and Immigrants in America. New York, 1907.

---- ANDREWS, JOHN B., SUMNER, HELEN L., and OTHERS. Documentary History of American Industrial Society. Cleveland, 1910.

---- and OTHERS. Trade Unionism and Labor Problems. Boston, 1905.

COMMONWEALTH OF AUSTRALIA. Legislative Regulation of Wages. Year Book, No. 5, 1901-1911. pp. 1065-1069.

COOLEY, E.G. See publications of Commercial Club of Chicago on vocational education.

DEVINE, EDWARD T. Social Forces. New York.

DEWEY, JOHN. Schools of Tomorrow. New York, 1915.

---- The School and Society.

DORR, RHETA CHILDE. What Eight Million Women Want. Boston, 1910.

ELY, RICHARD T. The Labor Movement in America. New York, 1905.

GILMAN, CHARLOTTE P. Concerning Children. Boston, 1900.

---- Women and Economics. New York, 1905.

HAMILTON, CICELY. Marriage as a Trade.

HARD, WILLIAM. The Women of Tomorrow. New York, 1911.

HENDERSON, CHARLES RICHMOND. Citizens in Industry. New York, 1915.

HERRON, BELVA M. Progress of Labor Organization Among Women. University of Illinois studies, Vol. 1, No. 10. Urbana, 1908.

HILLMAN, SIDNEY, and HOWARD, EARL DEAN. Hart, Schaffner and Marx Labor Agreements. Chicago, 1914.

HOBSON, JOHN A. Evolution of Modern Capitalism. London, 1904.

---- Problems of Poverty, London, 1906.

HOURWICH, ISAAC A. Immigration and Labor. New York, 1912.

HUMPHREY, J.R. Proportional Representation. London, 1911.

ILLINOIS STATE FEDERATION OF LABOR. Report of Committee on Vocational Education, 1914.

JACOBI, ABRAHAM. Physical Cost of Women's Work. New York, 1907.

KELLEY, FLORENCE. Modern Industry in Relation to the Family. New York, 1915.

---- Some Ethical Gains Through Legislation. New York, 1906.

KELLOR, FRANCES A. Out of Work. New York, 1915 ed.

KERCHENSTEINER, G.M.A. Idea of the Industrial School (Trans.). New York, 1913.

---- Schools and the Nation (Trans.). London, 1914.

KEY, ELLEN. The Woman Movement (Trans.). New York, 1912.

KIRKUP, THOMAS. History of Socialism. London, 1906.

LAGERLÖF, SELMA. Home and the State (Trans.). New York, 1912.

LEAVITT, FRANK M. Examples of Industrial Education. Boston, 1912.

LEVINE, Louis. Syndicalism in France. New York, 1914.

MACLEAN, ANNIE MARION. Wage Earning Women. New York, 1910.

MAROT, HELEN. American Labor Unions. New York, 1914.

MASON, OTIS T. Woman's Share in Primitive Culture. 1894.

MASSACHUSETTS COMMISSION ON INDUSTRIAL EDUCATION. Reports, 1909.

MATTHEWS, LILLIAN R. Women in Trade Unions in San Francisco. University of California, 1913.

MITCHELL, JOHN. Organized Labor. Philadelphia, 1903.

NATIONAL ASSOCIATION OF MANUFACTURERS. Preliminary report on the Minimum Wage. New York.

NEARING, SCOTT. Wages in the United States, 1908 to 1910. New York, 1911.

OLIVER, THOMAS. Dangerous Trades. London, 1902.

PATTEN, SIMON N. The New Basis of Civilization. New York, 1907.

PEIXOTTO, JESSICA B. Women of California as Trade Unionists. _Association of Collegiate Alumnae_, Dec., 1908.

PRESCOTT and HALL. Immigration and Its Effects. New York, 1900.

PUTNAM, EMILY JAMES. The Lady. New York, 1910.

RAUSCHENBUSCH, WALTER. Christianity and the Social Crisis. New York, 1907.

---- Christianizing the Social Order. New York, 1912.

RHINELANDER, W.S. Life and Letters of Josephine Shaw Lowell. New York, 1911.

RICHARDSON, DOROTHY. The Long Day. New York, 1905.

ROGERS, J.E. THOROLD. Six Centuries of Work and Wages.

ROMAN, F.W. Industrial and Commercial Schools of the United States and Germany. New York, 1915.

ROSS, EDWARD ALSWORTH. Sin and Society. Boston, 1907.

RUSSELL, CHARLES EDWARD. Why I Am a Socialist. New York, 1910.

RYAN, JOHN A. A Living Wage in Its Ethical and Economic Aspects. New York, 1906.

SALMON, LUCY M. Progress in the Household. Boston, 1906.

SCHREINER, OLIVE. Woman and Labour. London and New York, 1911.

SIMONS, A.M. Social Forces in American History.

SNEDDEN, DAVID M. Problems of Educational Readjustment. New York, 1913.

---- The Problem of Vocational Education. Boston, 1910.

SNOWDEN, PHILIP. The Living Wage. London and New York, 1912.

SOMBART, WERNER. Socialism and the Social Movement (Trans.). New York, 1909.

SPARGO, JOHN. Socialism. New York, 1909. Syndicalism, Industrial Unionism and Socialism. New York, 1913.

---- and ARNER, G.B.L. Elements of Socialism. New York, 1912.

SPENCER, ANNA GARLIN. Woman and Social Culture. New York, 1913.

SUMNER, HELEN L. History of Women in Industry in the United States. Vol. IX of the United States Report on the Condition of Women and Child Wage Earners. 1910.

THOMAS, W.I. Sex and Society. University of Chicago Press, 1907.

VAN KLEECK, MARY. Artificial Flower Making. Women in the Bookbinding Trade. Russell Sage Foundation publications, 1912.

VAN VORST, BESSIE and MARIE. The Woman Who Toils. New York, 1903.

WARD, LESTER F. Pure Sociology (especially Chapter XIV). New York.

WEBB, SIDNEY. Economic Theory of a Legal Minimum Wage. _Journal of Political Economy_, Vol. 20, No. 12., Dec., 1912.

---- and BEATRICE. History of Trade Unionism. London, 1907.

WELLS, H.G. New Worlds for Old. New York, 1909.

WEYL, WALTER E. The New Democracy. New York, 1910.

WILLETT, M.H. Employment of Women in the Clothing Trades. Columbia University. New York, 1902.

WILSON, JENNIE L. Legal and Political Status of Women in the United States.

WINSLOW, CHARLES H.; Editor. Twenty-fifth Annual Report of the United States Bureau of Labor, Industrial Training.

WOLFE, F.E. Admission to Labor Unions. Johns Hopkins University Press.

MINIMUM WAGE, THE CASE FOR. By Louis D. Brandeis, M.B. Hammond, John A. Hobson, Florence Kelley, Esther Packard, Elizabeth C. Watson, Howard B. Woolston. _The Survey_, Feb. 6, 1915.

_Periodicals and Reports_

_American Federationist, A.F. of L. Newsletter_, and other publications of the American Federation of Labor. Washington, D.C.

_American Legislation Review_ and other publications of the American Association for Labor Legislation. New York.

_Annals of the American Academy of Political Science_. Philadelphia.

_Child Labor Bulletin, The_ (National), and other publications of the National Child Labor Committee, New York.

Commercial Club of Chicago. Publications on Vocational Training.

_Crisis, The_. New York.

_Economic Review_.

_Forerunner, The_. New York.

_Immigrant in America Review, The_. New York.

_Journal of Political Economy, The_. University of Chicago Press.

_Journal of Sociology, The_. University of Chicago Press.

_Labour Leader, The_. Manchester, England.

_Labour Woman, The_, and other publications of the National Women's Labour League. London.

_Life and Labor_, and other publications of the National Women's Trade Union League of America. Chicago; and of the local leagues in Boston, Chicago, New York and elsewhere.

_Masses, The_. New York.

National Consumers' League, Publications of. New York.

National Society for the Promotion of Industrial Education, Publications of. New York.

_New Republic, The_. New York.

New York State Factory Investigation Commission, Reports. New York.

_New York Sunday Call, The_. New York.

_Political Science Quarterly_. Columbia University.

_Public, The_. Chicago.

_Quarterly Journal of Economics_. Harvard University.

_Survey, The_. New York.

_Union Labor Advocate_. Woman's Department, up to Dec., 1910.

United States Bureau of Education. Bulletins on vocational education.

---- Census of 1910. Occupational statistics.

---- Children's Bureau. Bulletins.

---- Department of Agriculture. Bulletins for Women on the Farm.

---- Department of Labor, Bulletins.

---- Industrial Relations Commission Reports.

---- Women and Child Wage Earners, Report on Conditions of. 19 Volumes.

_Woman's Industrial News, The_. London.

_Woman's Journal, The_. Boston.

INDEX

Abbé, Mrs. Robert Abbott, Grace Abolition movement Addams, Jane American Federation of Labor Anderson, Mary Andrews, John B. Anthony, Susan B. Ayres, Leonard P., quoted

Bagley, Sarah G. Barry, Leonora Bean, Alice Bergson, Henri Biddle, Mrs. George Bliss, W.P.D., quoted Bondfield, Margaret Borden, Hannah _Boston Courier_ Brandeis, Louis D. Brown, Corinne Burke, Mrs. Mary

Calhoun, William J. Canada Capital and labor organization compared Carey, Matthew Casey, Josephine Chinese Cohn, Fannie Collective bargaining Collective grievances Colored workers Coman, Katharine _Commercial Bulletin_ Condon, Maggie Conservation movement Consumers' League Conventions, labor Coöperative efforts Cost of living

Daley, Mollie Dana, Charles A. Davies, Anna Democracy, and education and public ownership evolution of Dewey, John, quoted Dickenson, Fannie Direct legislation Domestic science profession Donnelly, Michael Donovan, Mary Dorchester, Mass., early schools of Dreier, Mary E.

Economic basis of trade union Economic status of women Education, according to grade percentage early, of girls Glynn, Frank L., on, quoted in labor questions of the immigrant poverty the chief check to _See also_ Vocational education "Effective voting" Efficiency and expectance Elmira College Employers' associations Equal pay Evans, Mrs. Glendower

Fitzgerald, Anna Fitzpatrick, John Flood, Emmet Franklin, Stella

General Federation of Women's Clubs Gillespie, Mabel Goldmark, Josephine Gompers, Samuel quoted Graham, Mr. Grant, Annie Greeley, Horace Gutteridge, Helena

Hamilton, Cicely, quoted Hannafin, Mary Harriman, Mrs. J. Borden Harvard University Health and shorter hours Henderson, Rose Home industries, development of Home-work, and child labor and Italians as social anachronism Hours _See also_ Limitation of hours Huge Strikes agreements in Citizens' Committee in Huge Strikes, close of immigrants in Joint Strike Conference Board in picketing in results of Triangle Shirt Waist Co. United Garment Workers Women's Trade Union League in Hull House Huntingdon, Arria

Immigrants, Americanization of discrimination against domestic policy regarding education of employment of exploitation of federal and state care of handicaps of haphazard distribution of Juvenile Protective League, quoted, regarding Immigrants, League for the Protection of Immigrants Polish girls as, peculiarly exploited _Immigrants in America Review_ Immigration, probable causes of Industrial Relations, Federal Commission on Industrial rivalry between men and women Industrial struggle, new forms of the Industrial Workers of the World Industry, children and degraded machine-controlled public ownership the latest development of standards in Investigations, by City Club, Chicago by Federal Commission on Industrial Relations by Knights of Labor by New York State Factory Investigating Commission Federal (Women and Child Wage Earners) first governmental I.W.W.

Japanese laundry workers

Kavanagh, Fannie Kehew, Mary Morton Kelley, Florence Kellogg, Paul Kellor, Frances A., quoted Kenney, Mary E. Kerchensteiner, Georg, quoted Kingsley, Charles Knefler, Mrs. D.W. Knights of Labor

Labor legislation, administration of laws under needed for stores objections to providing for women factory inspectors women affected by _See also_ Limitation of hours; minimum wage Labor movement, backwardness of development of Irish in _Labour Leader_ Lemlich, Clara Lewis, Augusta _Life and Labor_ Limitation of hours, and department-store clerks and elevated railroad clerks Limitation of hours, declared constitutional eight-hour law regarding, in California effects of, on health first law for, in Great Britain for public employés including men and boys organized women support relation of, to wages ten-hour law regarding, in Illinois Lippard, George "Living-in" system Lowell, Josephine Shaw Lowell, Mass.

Macarthur, Mary R. Macdonald, Mary A. McDonald, J. Ramsay, quoted McDowell, Mary E. McNamara, Maggie Mahoney, Hannah (Mrs. Nolan) Maloney, Elizabeth Marot, Helen Marriage, an unstandardized trade and factory life and organization Marriage, and the working-woman Married woman, as a half-time worker as a wage-earner economic status of incongruous position of Married women and the labor movement Matthews, Lillian, quoted Maud Gonne Club Maurice, F.D. Mead, George H. Merriam, Charles E. Mill, John Stuart Minimum wage, employers' objections to for the immigrant in Australia Mitchell, Louisa Mittelstadt, Louisa Morgan, T.J. Morgan, Mrs. T.J. Mott, Lucretia Mullaney, Kate Murphy, John J.

National and other central labor bodies: Amalgamated Meat Cutters' and Butchers' Workmen of North America American Federation of Musicians Boot and Shoe Workers' Union British Women's Trade Union League Cigar Makers' International Union Daughters of St. Crispin International Brotherhood of Bookbinders International Glove Workers' Union International Ladies' Garment Workers International Typographical Union Massachusetts Working Women's League National Industrial Congress National Labor Congress National Labor Union national trade unions, more than thirty from 1863 to 1873 National Trades Union New England Congress, policies of railroad brotherhoods railway unions Retail Clerks International Union Shirt, Waist and Laundry Workers' International Union Trades and Labor Congress of Canada United Felt, Panama and Straw Hat Trimmers United Garment Workers United Mine Workers United Textile Workers Women's Department, Knights of Labor Women's Labor Reform Associations Women's National Labor League Women's state labor unions Women's Trade Union League Women's Union Label League Working Women's Labor Union for the State of N.Y. National Civic Federation National Consumers' League National Young Women's Christian Association Neill, Charles P. Nestor, Agnes New York State Factory Investigating Committee _New York Sun_ Northwestern University

Oberlin College O'Brien, John Occupations, and locality blind-alley trades boot and shoe workers button workers children's employments department-store clerks dish-washing domestic work dressmakers employés in state institutions garment-workers. _See_ sewing trades glass-blowers hat-workers house-cleaning developments laundry workers and laundresses mine-workers musicians nurses semi-skilled tobacco-and cigar-workers unskilled waitresses O'Connor, Julia O'Day, Hannah O'Reilly, Leonora O'Reilly, Mary Organization, and minimum wage craft form of eventually international in unskilled trades industrial form of of colored races of department-store clerks of Italians of Orientals of Slavic Jewesses of women, by men of women backward O'Sullivan, Mary E. _See_ Mary E. Kenney _Outlook_, quoted Overwork and fatigue

Pankhurst, Mrs. Patterson, Mrs. Emma Pearson, Mrs. Frank J. Perkins, L.S. _Philadelphia Ledger_ Phillips, Wendell Pillsbury, Parker Poe, Clarence Polish National Alliance Popular disapproval of women's trade unions Potter, Frances Squire Powderly, Mrs. Terence V. Powderly, Terence V. Power loom, first Preferential shop Proportional representation Protection for young trade-union girls Protocol of peace Public employés Public ownership, the latest development of industry Putnam, Mrs. Mary Kellogg

Quick, Nelle Quimby, Mrs. C.N.M.