agreements. In an agreement between the Carpenters
and Builders' Association and the United Carpenters'
Council of Chicago in 1891 there were provisions for con-
tinuous work pending settlement by joint committees of
arbitration, except that work might be stopped by the
joint order In writing of the presidents of the respective
associations until the decision of the joint arbitration com-
mittee was given .^^ The secretary of the Carpenters de-
clared in 1890 that many strikes had been prevented by
these methods.^^ Among other national unions whose
local unions are encouraged or required to include arbi-
tration clauses in their agreements are the Bakery and
Confectionery Workers, the Barbers, the Brewery Workers,
the Granite Cutters, the Hotel and Restaurant Workers,
the Horseshoers, the Machinists, the Pavers, the Steam
Engineers, the Steam Fitters, the Teamsters, the Tile
Layers, and the Tobacco Workers.

In the greater part of the unions which require the
insertion of the arbitration clause in local agreements
arbitration is purely with reference to the interpretation
of the agreement. In certain trades, however, where the
union label Is used, the whole question of wages is relegated
to arbitration. The agreement does not, therefore, cover

"Proceedings, 1897, pp. 70-72; Constitution, 1897, art. x, sec. 6.
" Thirty- ninth Annual Report of the President and Secretary, 1904,
pp. 219-229.

^^ Articles of Agreement, 1891, pp. i, 2.
" Proceedings, 1890, p. i.



37 1 J ARBITRATION AND CONTROL 33

the conditions of employment, but merely provides a me-
chanism for settling all disputes. The Boot and Shoe
Workers and the Glove Workers have this form of agree-
ment, and bind themselves to accept the results of arbi-
tration and to furnish workers in case any of their members
refuse to comply.^^

Many local agreements, however, contain no arbitration
clauses. The assistant mediator of the State of New York
reported in 1908 that of the one hundred and twenty- two
copies of trade agreements received during that year by
the New York Bureau of Labor, sixty-six had no provision
for arbitration in case of any dispute between employers
and employees. "We are firmly convinced that if all
trade agreements had such a clause many strikes could
be avoided. Commissioner Lundigran has decided to send
a letter to employers and unions having such agreements
calling their attention to the fact and urging them at the
expiration of existing agreements on their renewal or the
making of new agreements to insert such a clause. "^^

There is some reason to believe that there is a growing
tendency to insert such clauses in local agreements. The

^^ The following clauses in the local agreement of the Chicago Glove
Workers, 191 1, illustrate this class of arbitration clauses.

"Fifth: — It is mutually agreed that the Union will not cause or
sanction any strike, and that the employer will not lockout his em-
ployees while this agreement is in force. All questions of wages or
conditions of labor which cannot be mutually agreed upon, or any
difference which may arise between the parties, the adjustment of
which is not otherwise provided for, shall be submitted to an arbi-
tration board of five, the employer to choose two, the union two, and
the four to choose a fifth member. The decision of a majority of this
Board of Arbitration shall be final and binding upon the Employer,
the Union, and the Employees, and pending settlement by arbitration,
the work and conditions are to continue in the same manner as there-
tofore.

"The Employer and the Union are each to pay the expense of their
own arbitrators. Any other expense, first agreed upon, in connection
with such arbitration is to be borne jointly by the Union and the
Employer, and the Employees, and pending settlement by arbitration,
the work and conditions are to continue in the same manner as thereto.

"Sixth: — The Union agrees, if requested by the Employer so to do,
to assist the Employer in procuring competent glove workers to fill the
places of any employees who refuse to abide by Section Five of the
Agreement."

^^ Granite Cutters' Journal, March, 1909, p. 2.



34 CONTROL OF STRIKES IN AMERICAN TRADE UNIONS [372

statistics compiled by the New York State Department of
Labor appear to show this.^*' The principle of arbitration
has, moreover, been adopted in several local agreements
of great importance. The most notable instance of this
kind is the 1 910 agreement in the cloak, suit, and skirt
industry in New York City. In that year, in settling a
strike, a protocol or treaty of peace was made between
the Cloak, Suit and Manufacturers' Protective Association
and various local unions of the International Ladies'
Garment Workers' Union acting with the advice and
assistance of the national officers. The main point of the
agreement is that no strike or lockout shall take place.
In case of failure to settle any dispute a board of arbitration
is provided for, consisting of one nominee of the manu-
facturers, one nominee of the unions, and one representative
of the public. In addition to the board of arbitration a
board of grievances and a system of deputy clerks repre-
senting both the manufacturers and the unions were insti-
tuted, and thus by means of conciliation and mediation
most of the grievances that have arisen have been settled.
Mr. Charles H. Winslow says: "Only one-tenth of i per
cent of the grand total number of cases that have arisen
were referred for final adjudication to the board of arbi-
tration, the supreme court of the trade. "^^

A greater measure of control of strikes is gained when
the general union enters into an agreement directly with
the employers. The earliest of these so-called national
agreements were those entered into by Chief Arthur with
various railroads on behalf of the Locomotive Engineers in
1873 and continued until the present day, when they are
participated in by all the railroad brotherhoods. These
agreements, aside from the details concerning wages and
hours which do not concern us, contain clauses providing
for right of appeal and arbitration in case of dispute. The
general rules of the brotherhoods provide for discipline in
case of the violation of any contract by members. The

^° New York State Department of Labor, Annual Report, 191 1,
vol. i, part iii, pp. 577-641.

" Bulletin, Bureau of Labor Statistics, no. 144, March 19, 1914, p. 9.



373] ARBITRATION AND CONTROL 35

Locomotive Engineers, the Locomotive Firemen and
Enginemen, the Railway Conductors, the Railroad Train-
men, and the Railroad Telegraphers, after their local
and general committees and national representatives have
failed to bring about an adjustment of difficulties, usually
appeal to the mediators designated in the Erdmann (now
the Newlands) Act. In case the mediation proceedings
are ineffective, the dispute may go to arbitration. This
appeal is usually preceded by a strike vote; but this is not
necessary in presenting the dispute, as the mediators are
governed by the gravity of an existing situation in deciding
whether or not it should be considered.^^ The settlement
by arbitration of the controversy between the Locomotive
Engineers in 1912 and the Locomotive Firemen in 1913
and the eastern railroads of the United States is an illustra-
tion of the working of this act. The Iron Molders entered
into agreements with the Stove Founders' National Defense
Association in 1891, and the National Founders' Associa-
tion in 1899, providing for continuance at work pending
investigation and consideration of any grievance by a joint
board.^^ A resolution passed at the 1899 convention and
embodied in the constitution as a standing resolution de-
clares that conciliation is an established policy of the union.^"*
The results of the agreement with the National Founders'
Association were, however, unsatisfactory, and led to the
abrogation of the agreement.-^

During the eighties a national uniform wage scale agree-
ment was effected by the American Flint Glass Workers'
Union and later by the Amalgamated Glass Workers, the
Glass Bottle Blowers, and the Window Glass Cutters and
Flatteners. A plan for the arbitration of disputes by a
joint committee was submitted to the Ohio Valley Stone
Contractors' Association by the secretary-treasurer of the

^ C. P. Neil!, "Mediation and Arbitration of Railway Labor Dis-
putes," in Bulletin of the Bureau of Labor, January, 1912, pp. 6, 14.
2^ Proceedings, 1890, p. 69; 1895, pp. 13-16; 1899, p. 6.
^* Proceedings, 1899, p. 126.
^^ Proceedings, 1902, pp. 609, 611.



36 CONTROL OF STRIKES IN AMERICAN TRADE UNIONS [374

Stone Cutters in 1892 and resulted in a mutual agreement.^
The Operative Potters, after a disastrous strike in 1894, at
their convention of the same year first discussed the making
of an agreement with the manufacturers, and after several
years of discussion an agreement was entered into, to go
into effect in 1900. This agreement has been renewed
annually and no general strike has ensued .^^ The general
executive board of the Bricklayers and Masons since
December, 1900, has entered into agreements with con-
tractors in various parts of the country providing that all
differences that may arise be sent to headquarters for ad-
justment. Pending the same, no strike can be entered
upon by the members. Since 1901 there have been agree-
ments between the International Typographical, the Inter-
national Printing Pressmen's, the International Stere-
otypers and Electrotypers' Unions and the American
Newspaper Publishers' Association, and since 1905 similar
agreement has been made by the same association with the
International Photo-Engravers' Union. The Coopers' In-
ternational Union has had such agreements with the
Machine Coopers' Employers' Association since 1905, and
the National Association of Machine Printers and Color
Mixers of the United States with the Wall Paper Manu-
facturers' Association since 1909. Practically the entire
membership of the United Mine Workers outside of the
anthracite field is working under district agreements.
In 1898 at a joint interstate convention at Chicago an agree-
ment was made covering the States of Illinois, Indiana,
Ohio, and Pennsylvania.^^ A similar agreement was made
in 1903 in the southwestern field covering Missouri, Kansas,
Arkansas, and Indian Territory,^^ The Coal Hoisting

^^ Monthly Circular [Stone Cutters], February, 1892, Supplement,
p. 3; March, p. i.

*' T. J. Duffy, History of the Brotherhood of Operative Potters,
pp. 19-36.

*^ Proceedings, 1899, pp. 8, 9.

^' Joint Interstate Agreement, 1906, p. 12; Decisions of Joint Boards
of Miners and Operators of Iowa, 1906; Proceedings, 1904, pp. 27-28.
President John Mitchell said in 1904: " In no instance has a strike taken
place in advance of which we have not made overtures for peace and
exhausted every conciliatory measure at our command" (Proceedings,
1904. p. 30).



375] ARBITRATION AND CONTROL 37

Engineers had agreements with the Illinois Coal Operators'
Association from 1901 to 1903 providing for the reference
of disputes to officials of both organizations.^^ The Inter-
national Longshoremen's Association have also since 1900
entered into various agreements.^^ The Granite Cutters
entered into an agreement in 1907 with the National
Association of the Granite Industry of the United States.^^
In the national and district agreements made between
national unions and employers' associations the national
union and the employers' association ordinarily covenant
that there shall be no cessation of work pending an attempt
to adjust the dispute by the conference boards made up of
an equal number of representatives from each side. The
usual rule is that if the conference board fails to agree,
either side may take such action as it sees fit. Very little
has been done in the direction of providing for arbitration
in the event that the board cannot agree. The national
and district agreements obviously throw the control of
strikes into the hands of the national union, since the
national union makes the agreement and is responsible for
its observance. There is a tendency, therefore, where
such agreements exist for the national union gradually to
extend its discipline over the local unions.

*" Agreements, 1901-1903.
"Agreements, 1911-1912, p. 2.

*2 Granite Cutters' Journal, July, 1907, p. 2; September, 1907, p. 2;
January, 1908, p. 2.



CHAPTER IV
The Initiation of Strikes

The general usage in strike initiation is that the local
union make some effort at adjustment of grievances with
employers before entering on a strike. If the local union
fails in the endeavor to settle a difficulty by conciliation or
arbitration, a representative of the national union is sent
to the place. If the national deputy system does not exist,
a full report of the difficulty is sent to the general executive
board of the national union with a request for advice or,
more usually, for sanction to strike. In unions where local
autonomy exists the supervision of the national union is,
of course, not very rigid, but in unions where there is
centralization of control the local union must follow the
directions of the national union.^

In a number of national unions the local unions must
meet the following requirements before they are allowed
to strike with the consent or support of the national union :
All local unions involved must have been affiliated with the
national union a certain length of time; they must have
paid all dues or assessments, or they must be paying a
certain amount of dues. The period of affiliation required
varies from three months to one year, the usual rule being
six months. The purpose of the second requirement is
apparent, while the third is found in unions such as the
Bakers, the Book Binders, the Brewery Workers, and
the Hotel and Restaurant Workers, whose members do
not pay uniform dues.

The reason for these rules, especially the first, lies in the
fact that new local unions, before becoming thoroughly
organized, are generally impatient for results and expect

' See the following chapter on The Independent Strike.

38



II



377] THE INITIATION OF STRIKES 39

to achieve in a short time what has cost other older local
unions long continued effort. The probability of defeat
for a local union involved in a strike soon after organiza-
tion is strong, and is given by some as the main reason for
these rules. "The union had just been formed, and very
frequently there are men that think it is a part of their
existence to give the boss a squeeze every time there is an
opportunity," said a general officer of the Coopers' Union
in regard to an inexcusable strike in 1871.^ "The policy
of the parent bodies in this respect is the result of long
and costly experience," says an editorial in the Car Worker,
ending with the declaration that "conditions, not theories,
should govern."^ Secretary O'Dea, in recommending
to the convention of 1886 of the Bricklayers and Masons
the replacement in the constitution of the time provision
left out through some oversight for several years, said:
"The object being to guard against the admission of a
Union for selfish purposes, and to show their good intention
of remaining with us."^ The president of the Cement
Workers complained in 1907, in regard to some trouble he
had been summoned to adjust, that some members wanted
to get everything at once, and that new local unions, as
soon as they got cards, expected the employer to concede
everything. New local unions, he said, are told that they
should remember that it has taken years of hard work and
untold sacrifices to secure the conditions enjoyed by the
older local unions.^ An additional reason for the rules is
the fact that when zeal carries a new local union into a strike ;
and defeat ensues, reorganization is likely to be more diffi-
cult than was the building up of the local union in the first
place.

The constitutional rules governing the action of local
unions in regard to difficulties provide as far as possible
for a calm and rational consideration of the question of a

^ Coopers' Journal, July, 1871, p. 283.
^ The Car Worker, September, 1903, p. 3.
* Proceedings, 1886, p. 49.
^ Proceedings, 1907, p. 7.



40 CONTROL OF STRIKES IN AMERICAN TRADE UNIONS [378

strike.® In most unions members must be notified by
mail or in person, or other sufficient notice given of any
meeting of a local union where a strike vote is to be taken
or considered. In some unions, like the Painters, the
Operative Plasterers, the Stogie Makers, and the Tile
Layers, notice ranging from ten to ninety days must be
given an employer before enforcing a demand. The usual
requirement is that a special meeting shall be called for the
particular consideration of any grievance and the taking
of a strike vote.

The requirement of most of the national unions is that
in voting upon a strike a secret ballot shall be taken.
The Teamsters provide explicitly that "the ballot taken
must be by 'yes' or 'no,' written on paper ballots."^ Unan-
imous strike votes usually arouse the suspicion at the
general union headquarters that the vote was not taken
in accordance with the rules. Members in order to vote
must be in good standing and must have been members of
the local union for at least a certain period, varying from
three to six months in different unions. The Granite
Cutters provided in 1880 that the officers of local branches
should "consult together and, if necessary, adjourn any
meeting of importance when, in their judgment, the mem-
bers are laboring under too much excitement to vote
understandingly."^

In most unions a decisive vote is required to strike, and

this vote must be more than a mere majority. The general

I requirement is that a two- thirds majority is necessary,

I while a large number of unions require a three-fourths

* Rules to govern the initiation of strikes were formulated as early
as 1854 by the Journeymen Stone Cutters' Association. A two-thirds
majority vote of members present was necessary to sanction a strike
for higher wages, while a mere majority only was necessary against a
reduction (Constitution and By-Laws, 1854, art. viii). In 1858 the
Baltimore branch applied to the executive for permission to strike on
the first Monday in June if necessary. The local secretary said: "At
the same time we wish to say, if we are granted the power to strike
on the aforesaid date, we shall in all probability defer it, if at that time
we think our chances of success are doubtful" (Stone Cutters' Circular,
April, 1858, p. 2).

' Constitution, 1910, sec. 62.

' Constitution, 1880, art. xiii.



379] THE INITIATION OF STRIKES 4 1

Anajority. The Coopers require four-fifths, and the Rail-
road Clerks sixty per cent.

In some unions strike votes are taken in asking for
sanction to strike, and if the decision of the general execu-
tive T)oard or the referendum vote is favorable the strike
can be called at once; but in the larger number of unions
the strike vote can be taken only after a favorable reply
has been received from the general executive board. The
Brewery Workers require that after the consent of the
national executive board to a strike has been obtained,
the question shall be considered by the local union; a vote
must be taken by ballot, and a two-thirds majority is
required to make a strike legal.^ Other unions such as the
Bookbinders, the Plate Printers, and the Theatrical Stage
Employees require that a meeting to take action must be
called by the president of the local union interested within
twenty-four hours after a strike has been authorized by the
general executive board.

Many national unions insist that when there is more
than one local union in a city or district a joint meeting
must be held before any strike can be ordered. The
Bricklayers and Masons in 1885 adopted such a rule at
their convention, and provided that a two-thirds majority
of all those voting should be necessary before any strike
could be declared .^° The Brush Makers and the Metal
Polishers do not allow the calling in of a general officer until
such a conference has been held. The Amalgamated
Woodworkers provide that at such a general meeting the
difficulty be considered and arrangements made for the
management of the strike, should the necessary three-
fourths vote favor such action." The usual practice is for
local unions situated near together to maintain some form
of standing organization, variously denominated district
union, district council, conference board, joint executive
board, joint standing committee, joint advisory board,
district executive board, joint council, local joint executive

• Constitution, 1910, art. x, sec. 12.

" Proceedings, 1885, p. 88.

" Constitution, 1905, art. v, sec. 126.



42 CONTROL OF STRIKES IN AMERICAN TRADE UNIONS [38O

board, or local council. Some such form of organization,
together with reference thereto of grievances and prelimi-
nary action in regard to strikes, is required by some fifty
general unions.

These standing boards or committees are made up in
various ways. The Bookbinders provide that the com-
mittee shall consist of not less than two members from
each local union, and that its duty shall be to meet at least
once a month and report to the executive council of the
national union the conditions of trade and to endeavor to
adjust any difficulty that may arise.^^ In the Brewery
Workers the basis of representation is as follows: Each
local union is entitled to a delegate for every one hundred
members or fraction thereof, but no local union has a right
to send more than five delegates. In localities where no
quorum can be constituted on the basis of representation
as given above, the different unions are required to form a
joint local executive board, consisting of seven delegates,
who are to be elected by the different local unions in pro-
portion to their respective membership. ^^ The Piano and
Organ Workers and the Steam Engineers provide for equal
representation from each local union.

The district councils and district unions limit the power
of the local unions and extend the control of the national
union over strikes. They have full power usually to
adjust all differences between local unions and their em-
ployers subject to the approval of the general executive
board, which has usually sole power to call a strike. The
Bakery and Confectionery Workers, the Bookbinders,
the Broom Makers, and a few other unions provide that
an appeal can be taken by a local union to the general
executive board when permission to strike is denied by the
district union. The authority of these district organiza-
tions is limited directly by the rule of the national union
which requires that all by-laws and trade rules of such
organizations must be approved by the national officials,

" Constitution, 1910, art. x, sec. 8.
" Constitution, 1910, art. iv, sec. i.



381] THE INITIATION OF STRIKES 43

or at least that such rules must not violate any provision
of the national constitution. All these conditions make
the authority of the national union paramount.

In some national unions, however, the authority of the
district union is more extensive. The joint executive board
in the Piano and Organ Workers, for example, can order a
strike if more than a thousand members are involved.^*
The district unions of the United Mine Workers of America
have power to declare strikes and some of them have paid
large amounts of strike benefits ; but the tendency is towards
control by the national officers, especially when strike
benefits are paid by the national organization.^^ The
same thing is true to a large extent of the district lodges
of the International Association of Machinists and of the
International Brotherhood of Boiler Makers. A large
degree of control is exercised by the district committees
of the Amalgamated Iron, Steel and Tin Workers of America
and the International Tin Plate Workers' Protective Asso-
ciation of America. Such committees have power after
investigation to legalize a strike, but this degree of local
autonomy is more apparent than real because one of the
four members of the committee is a national officer, a vice-
president of the national union.

The above examples are exceptions to the general rule,
and the tendency is toward national control. President
John McNeil of the Boiler Makers declared in 1899 that
district lodges should not call strikes and that discipline
must be maintained, ^^ while at the 1908 convention of the
same body President Dunn recommended that their