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SCALE FOR ENGINEERS.
Engineers, first class, 500 tons and over, per month
$74. 62 Second class, 300 to 500 tons, per month..
68. 95 Third class, 300 tons or less, per month.
Tail rope and slope engineers shall be reduced 5.55 per cent below present wages.
The minimum rate for tail rope and slope engineers shall be $2.25 per day, or $58.56 per month; provided, further, that the maximum rate for tail rope and slope engineers shall be $2.55 per day, or $66.12 per month. Twenty-six days to constitute a month's work and nine hours to constitute a day's work. All overtime in excess of nine hours to be paid for at a proportionate rate per hour.
The tonnage shall be determined by the average for the month of November, 1902, and based upon mine-run coal; but in no case shall any reduction from the present wages be made.
This scale of wages applies only to mines in operation at least one year, and in all new mines the wages of the engineers shall be advanced with the increased tonnage until the maximum rate is reached; provided, that in no case shall engineers employed at new mines receive less than $2.25 per day; also that in no case shall engineers, firemen, or pumpers be interfered with or asked to cease work by any local committee or local union official during the life of this contract.
The mining prices inside and outside day-wage scale (except engineers) provided for in this contract is based upon an eight-hour work day.
RULES AND REGULATIONS.
All classes of day labor are to work full eight hours, and the going to and coming from the respective working places is to be done on the day hands' own time. All company men shall perform whatever day labor the foreman may direct. An eight-hour day means eight hours' work in the mines at the usual working places, exclusive of noon time—which shall be one-half hour-for all classes of inside day labor. This shall be exclusive of the time required in reaching such working places in the morning and departing from the same at night.
Drivers shall take their mules to and from the stables, and the time required in so doing shall not include any part of the day's labor; their time beginning when they reach the change at which they receive empty cars--that is, the parting drivers at the shaft bottom and the inside drivers at the parting-and ending at the same places; but in no case shall a driver's time be docked while he is waiting for such cars at the points named. The inside drivers, at their option, may either walk to and from their parting, or take with them, without compensation, either loaded or empty cars to enable them to ride. This provision, however, shall not prevent the inside drivers from bringing to and taking from the bottom regular trips, if so directed by the operator, provided such work is done within the eight hours.
When the stables are located outside the mine the companies agree to deliver the mules at the bottom of the shaft in the morning and relieve the drivers of the mules at the bottom of the shaft at night.
When the men go into the mine in the morning they shall be entitled to two hours' pay whether or not the mine works fuil two hours; but
after the first two hours the men shall be paid for every hour thereafter, by the hour, for each bour's work or fractional part thereof. If for any reason the regular work can not be furnished the inside day laborers for a portion of the first two hours, the operators shall furnish other than the regular labor for the unexpired time.
PENALTIES FOR LOADING IMPURITIES.
In order to insure the production of clean, marketable coal, it is herein provided that if any miner shall load with his coal sulphur, bone, slate, blackjack, or other impurities, he shall, for the first offense, be notified by the mine foreman; for the second offense he may be suspended for one day; for the third and each subsequent offense occurring in any one month he may be suspended for three days; provided, that if in any case it is shown that a miner maliciously or knowingly loads impurities, he shall be subject to discharge. It is further agreed that if any miner has been suspended and claims that an injustice has been done him, the matter shall be taken up for investigation and adjustment in the manner provided in section three of this agreement.
DUTIES OF PIT COMMITTEE.
(a) The duties of the pit committee shall be confined to the adjustment of disputes between the pit boss and any member of the U. M. W. of A. working in and around the mines, arising out of this agreement or any district or subdistrict agreement made in connection therewith, when the pit boss and said miner or mine laborer have failed to agree.
(b) In case of any local trouble arising in any mine through such failure to agree between the pit boss and any miner or mine laborer, the pit committee and the pit boss are empowered to adjust it, and in the case of their disagreement it shall be referred to the superintendent of the company and the district president of the U. M. W. of A., or such person as he may designate to represent him; and should they fail to agree it shall be referred to the commissioner of the Southwestern Interstate Coal Operators' Association and the district president of the U. M. W. of A. for adjustment; and in all cases the mines, miners, mine laborers, and parties involved must continue at work, pending an investigation and adjustment, until a final decision is reached in the manner above set forth.
(c) If any day men refuse to continue at work because of a grievance which has or has not been taken up for adjustment in the manner provided herein, and such action shall seem likely to impede the operation of the mine, the pit committee shall immediately furnish a man or men to take such vacant place or places at the scale rate, in order that the mine may continue at work; and it shall be the duty of any member or members of the United Mine Workers who may be called upon by the pit boss or pit committee to immediately take the place or places assigned to him or them in pursuance hereof.
(d) The pit committee, in the discharge of its duties, shall under no circumstances go around the mine for any cause whatever, unless called upon by the pit boss or by a miner or company man who may have a grievance that he can not settle with the boss. Any pit committeeman who shall attempt to execute any local rule or proceeding in conflict
with any provision of this contract, or any other made in pursuance hereof, shall be forth with deposed as committeeman. The foregoing shall not be construed to prohibit the pit committee from looking after the matter of membership dues and initiations in any proper manner.
(e) Members of the pit committee employed as day men shall not leave their places of duty during working hours except by permission of the operator, or in cases involving the stoppage of the mine.
(f) The right to hire and discharge, the management of the mine, and the direction of the working force are vested exclusively in the operator, and the U. M. W. of A. shall not abridge this right. It is not the intention of this provision to encourage the discharge of employees or the refusal of employment to applicants because of personal prejudice or activity in matters affecting the U. M. W. of A. If any employee shall be discharged or suspended by the company and it is claimed that an injustice has been done him, an investigation, to be conducted by the parties and in the manner set forth in paragraphs “a” and “b” of this section, shall be taken up promptly, and if it is proven that an injustice has been done, the operator shall reinstate said employee and pay him full compensation for the time he has been suspended and out of employment; provided, if no decision shall be rendered within five days the case shall be considered closed, in so far as compensation is concerned, unless said failure to arrive at a decision within five days is owing to delay upon the part of the operator, in which case a maximum of ten days' compensation shall be paid.
There shall be no demands made locally by either operators or miners which are in conflict with this agreement or any district or subdistrict agreement made prior to September 1, 1904; and there shall be no provision imposed violating the same. Any local member, official, or committee shutting down a mine without orders from the district president or district executive board shall be fined in the manner provided for in the national constitution of the U. M. W. of A., and such additional penalties may be imposed as are now or may be provided for in the constitutions of the various district organizations. All such fines are to be collected by the companies and paid into the district treasury of the U. M. W. of A. Should any operator violate this agreement, or any provision hereof, such operator or company shall be fined one hundred dollars ($100), said fine to be paid into the treasury of the Southwestern Interstate Coal Operators' Association.
PAYMENT OF WAGES.
The operators agree to pay twice a month, the dates of payment to be determined by the district joint convention; and these payments are to be made at the office nearest to the mine wherein or at which the employees are employed; provided, however, that this office shall be located not more than two miles from such mine.
CHECK-OFF. The operators will recognize the pit committee in the discharge of their duties, as provided in this agreement, and agree to check off dnes, assessments, fines, and initiations from all miners and mine laborers when desired. In order to protect the companies, the U. M. W. of A. agrees, when the companies so demand, to furnish a collective and continuous order authorizing the companies to make such deductions. The companies agree to furnish the miners' local representatives a monthly statement showing separately the amount of dues, assessments, fines, and initiations collected. In case any fine is imposed the propriety of which is questioned, the amount of such fine shall be withheld by the operator until the case has been taken up for adjustment and a decision reached.
It is agreed that the miners may employ a check weighman to see that coal is properly weighed and a correct record made thereof, and when such check weighman is employed the companies shall furnish him a check number, and he shall credit to his number such portion of each miner's coal as he may be authorized to do by the local union. It is understood that the above provision shall not affect the arrangements now existing at any mine where a check number is issued in the name of the local union, and dues, assessments, fines, and initiations collected by this method.
It is agreed that measurements of entries, brushing, room turning, and deadwork shall be made semimonthly, and payment in full shali be made for such work in the same manner as that in which other work is paid for.
EQUAL TURN. The operator shall see that an equal turn is offered each miner and that he be given a fair chance to obtain the same. The check weighman shall keep a turn bulletin for the turn keeper's guidance. The drivers shall be subject to whomever the mine manager shall designate as turn keeper in pursuance hereof.
DEATHS AND FUNERALS.
in the event of an instantaneous death by accident in the mine, the miners and underground employees shall have the privilege of discontinuing work for the remainder of that day; but work, at the option of the operator, shall be resumed the day following and continue thereafter. In case the operator elects to operate the mine on the day of the funeral of the deceased, as above, or where death has resulted from an accident in the mine, individual miners and underground employees may, at their option, absent themselves from work for the purpose of attending such funeral, but not otherwise. And whether attending such funeral or not, each member of the U. M. W. of A. employed at the mine at which the deceased member was employed, shall contribute fifty (50) cents and the operator twenty-tive ($25) dollars for the benefit of the family of the deceased or his legal representatives, to be collected through the office of the company. In the event that the mines are thrown idle on account of the miners' or other employees' failure to report for work in the time intervening between the time of the accident and the funeral, or on the day of the funeral, then the company shall not be called upon for the payment of the twenty-five ($25) dollars above referred to.
Except in cases of fatal accidents, as above, the mine shall in no case be thrown idle because of any death or funeral; but in the case of the death of any employee of the company or member of his family, any individual miner may, at his option, absent himself from work for the purpose of attending such funeral, but not otherwise.
No deduction shall be made for doctors, unless such deduction is authorized by the individual employee.
CONDITION OF THE MINE.
The company shall keep the mine in as dry condition as practicable, by keeping the water off the road and out of the working places. When a miner has to leave his working place on account of water, through the neglect of the company, they shall employ said miner doing
company work when practicable, and provided that said miner is competent to do such work, or he shall be given another working place until such water is taken out of his place.
PROVISIONS FOR INJURED.
The operators shall keep sufficient blankets, oil, bandages, etc., and provide suitable ambulance or conveyance, readily available at each mine to properly convey injured persons to their homes after an accident.
The price of powder shall be $2.00 per keg during the term of this contract.
1906 JOINT CONVENTION.
It is agreed that the Southwestern Interstate Coal Operators' Association and the representatives of the United Mine Workers of America shall meet in the city of Indianapolis, Indiana, on the 25th day of January, 1906, at 10 o'clock a. m.
In regard to taking the mules into the mine where the mules are kept on top of slope opening, the mules are to be taken to and from the tipple to the mouth of the slope. In shaft openings the mules are to be taken down and up the shaft by the company, either by the drivers on the company's time, or by the company employing a man to do so, and it may employ any man, or number of men, it chooses to do this work.