페이지 이미지
PDF
ePub

Where mules are kept in the mine, if the mules are harnessed by the company, the driver must be at the pit bottom, or the parting where be commences work, ready to begin at starting time. . If the driver barnesses the mules he does so on the company's time.

PENALTIES FOR LOADING IMPURITIES.

[ocr errors]

The interpretation of, or the construction to be placed upon, that paragraph relative to penalties for loading impurities in the agreement between the U. M. W. of A. and the Southwestern Interstate Coal Operators' Association, entered into at Pittsburg, Kansas, July 27th, 1903, having been referred to the undersigned, is ruled upon as follows. The paragraph reads:

"In order to insure the production of clean, marketable coal, it is hereby 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.'

The question is upon what constitutes “one month" within the meaning and the intent of this contract.

It was clearly intended by the parties to this contract that if it became necessary to insure the production of clean coal, the penalties provided in this agreement should be and could be inflicted. It is also clear that if the operation of this agreement is to be limited and confined to each calendar month for the period it is in effect, the penalties can not beintlicted as contemplated by the parties to the agreement, and the offender must be allowed to go unpunished.

For example, suppose a miner is notified on the first or any subsequent day of the calendar month that he has loaded dirty coal, that is the extent of his punishment for that offense; and suppose he is notified on the first or any subsequent day of the calendar month following that he has loaded dirty coal, that is the limit of his punishment for the second offense, notwithstanding the second offense may have been committed on consecutive days--that is to say, on the last day of one calendar month and the first day of the calendar month following.

Avain, the first offense may be committed on any day subsequent to the first day of the month; the second offense on any day subsequent to the first offense, and the third offense on the first day of the succeeding month or any subsequent day, and the offender go practically unscathed, because no penalty other than that provided for the second offense could be inflicted. Again, if the second offense occurred on the last day of any calendar month on which the first offense occurred, the offense is condoned, because of the application, as lawyers would say, of the “statute of limitations” interfering to save the offender from the infliction of the punishment provided as just and necessary to the consummation of the intent and purpose of the contract-the “insurance of the production of clean, marketable coal.”

Now, in my judgment, that could not have been the intent and purpose of the parties to this agreement, because they clearly intended That the penalty should be inflicted if the offenses were committed within the specified time, "one month," i. e., thirty days. Nor would this impose any hardships on the miner, or give the operator any undue advantage.

The ruling is, therefore, that “one month” in this agreement means thirty days.

If either of the district presidents disagree with this ruling, they will please submit their reasons therefor in writing.

BENNET BROWN,

Commissioner. Copies sent to and endorsed byGeorge Colville, district president No. 25. George Richardson, district president No. 14. Pete Hanraty, district president No. 21. Thomas M. King, vice-president district No. 21.

PITTSBURG, KANSAS, August 19, 1904. A difference of opinion having arisen in regard to whether or not the brushing question in the northern part of Kansas is to be taken up and adjusted by the president of District 14 and the operators' commissioner, the representatives of the miners and the representatives of the operators agree to refer the matter to T. L. Lewis, national vice-president of the C. M. W. of A., and W. C. Perry, vice-president at large for the Southwestern Interstate Coal Operators' Association, for settlement.

Executed at Pittsburg, Kansas, this 19th day of August, 1904.
In behalf of the Southwestern Interstate Coal Operators' Association.

B. F. Bush, President.

S. W. KNIFFIN, Secretary. In behalf of the miners:

J. G. RICHARDSON,

President District 14. PETE HANRATY,

President District 21. GEO. COLVILLE,

President District 25.
ROBERT GILMOUR,
Secretary Joint Convention.

T. L. LEWIS,
National Vice-President.

DISTRICT AGREEMENT, ADOPTED AUGUST 19, 1904, BY

SOUTHWESTERN INTERSTATE COAL OPERATORS' ASSOCIATION AND THE UNITED MINE WORKERS OF AMERICA, DISTRICT No. 14.

Article 1. That the following prices per ton of two thousand pounds shall be paid by the parties of the second part and received by the parties of the first part for mine run coal free from slate, dirt, bone sulphur, black jack and other impurities for a period of time beginning September 1st, 1904, and ending March 31st, 1906.

Article 2. Cherokee and Crawford counties, Kansas, and Barton County, Missouri. Shooting coal per ton for mine run, 72 cents.

Article 3. That the uniform price of dead work shall be as follows: Entries 12 feet wide, $1.06 per yard. Entries less than 12 feet wide, $1.59 per yard. First crosscut in rooms, $1.59, or $1.06 per yard, according to width of same, based on width and price of entries. That in all cases where miners are unable to secure necessary width in rooms, being prevented by horseback or other unavoidable obstacles, the prices to be paid for such work shall be the same as above stipulated. Where the width obtained in rooms is less than 12 feet and over six feet, price shall be determined proportionately. The price for turning rooms shall be $2.13 where the room neck is six feet; $1.25 where they are 12 feet. That brushing shall be paid at the rate of 85 cents per yard for five feet above the rails and $1.06 for six feet above the rails. Horsebacks, $1.06 per foot. Stowing dirt, 11 cents per car; 53 cents per yard or to be taken away by the company:

Article 4. When entries are double shifted or when two men work together in entries on same shift 27 cents per yard additional shall be paid.

Article 5. The price for making wall for room through gob in entries shall be $1.59.

Article 6. Conditions governing shot-firers:

Shot-firers shall have but one job in mines employing forty men or more, and no shot-firer shall perform his duties while in the mine alone. Two shot-firers shall not fire shots for more than eighty men without extra compensation at the rate of 7c. per place for each additional man, but when there are a hundred and five men employed there shall be one additional shot-firer, and same conditions to apply when additional shot-firers are needed.

Article 7. The use of squibs and fuse shall be left to the men of each mine. Where one is voted the use of the other shall be excluded, with this provision, that when the men vote to use fuse the company shall make no charges for squibs, but in any event, when necessary to use dynamite in brushing or horseback shooting, the use of fuse is permissible, and in no event shall any shot-firer shoot more than one working place at a time.

BATES AND VERNON COUNTIES, MISSOURI.

Article 1. That the price for digging shall be as follows for minerun coal:

Coal four feet and over, per ton, 62 cents.
Coal three feet six inches and over, per ton, 67 cents.
Coal three feet six inches or less, per ton, 72 cents.

Article 2. That prices for bottom grading be paid the same in rooms as in entries, and the price for removing bone coal or rock shall be determined by the miner and mine foreman.

Article 3. That rooms be 24 feet wide when roof will permit, and in no case shall two men be required to work in a room less than 16 feet wide, the mine foreman to be judge of conditions.

Article 4. That the same rules and customs in regard to first crosscut in rooms in Cherokee and Crawford counties, Kansas, shall also apply to these counties.

Article 5. That the prices for entries shall be, for 12-foot entries, $1.59; for six-foot entries, $2.13 per yard.

Article 6. That prices for top brushing be 80 cents per yard for five foot two inches above the rails, the existing custom. That bottom grading from six inches to one foot in thickness shall be 53 cents, and for each additional six inches in thickness the price to be 27 cents. When less than six inches the price to be determined between the miner and the mine foreman.

Article 7. Room turning and all other dead work not enumerated shall be reduced 5.55 per cent.

PLEASANTON DISTRICT.

Article 1. The price for mining shall be 95 cents per ton of two thousand pounds, under the condition now in operation.

Article 2. Brushing in entries shall be paid for at the rate of $1.75 for six feet above the rails. All dead work not enumerated shall be reduced 5.55 per cent.

OSAGE COUNTY.

Article 1. That the price per ton for mine-run coal shall be as follows:

Osage City, per ton, $1.60.
Burlingame, per ton, $1.55.
Scranton, per ton, $1.55.

Article 2. That room turning be paid $5.67 as a uniform price for Osage County, miner to put away dirt. That the distance of room turning shall be 12 feet from the corner of the rib of said room,

and no room shall be considered turned until such distance is obtained. All yardage beyond the specified distance of 12 feet shall be paid at the rate of $1.42 per yard.

Article 3. All gob entries shall be paid at the rate of $1.59 per yard, said entries to be four and a half feet wide and three and a half feet high in Osage County. For narrow entries five feet wide and three and a half feet high, $1.97 per yard, the miner to have the coal. For entries 14 feet wide, $1.86 per yard, the miner to have the coal. For one-sided entries the price to be $1.33 per yard, the miner to have the coal.

Article 4. That rib-room turning be paid the same as other room turning:

Article 5. That all rock brushing shall be paid at the rate of 94 cents per yard of one foot in thickness and 47 cents for each additional six inches, help to be furnished by the company when drilling in rock.

Article 6. Cutting corners in rooms where rooms are full width, 53 cents per yard.

Article 7. That whenever a mine foreman desires two men to work together in one place, they shall be paid 14 cents extra per ton above the regular mining price, provided it is not the fault of the miner working in said place or his inability to keep up the working face.

Article 8. Where shooting is necessary, the company to be required to furnish drilling machines and other necessary materials for blasting, and that such necessities shall be delivered at the miner's platform or switch.

12425–No. 56-05-17

Article 9. That no room be driven over 185 feet without extra pay for pushing, said extra pay to be determined by mine foreman and pit committee, and that in any steep pushing the driver or pusher shall be required to assist in pushing.

Article 10. That mule brushing shall be contracted when desired, the price to be agreed upon by the mine foreman and the parties doing the work.

Article 11. All deficient work shall be paid extra, the price to be determined by the mine foreman, miner, or miners affected, but should they not agree, then the price shall be determined by the mine foreman and pit committee.

Article 12. It is hereby understood and agreed that all coal shall be accepted at the miner's switch or platform.

Article 13. Miners shall at no time load or send out dirt, in case of dispute, without the consent of the pit boss and pit committee.

Article 11. That whenever a room or entry caves in or abnormal conditions exist, the operator shall take the dirt at miner's switch or platform and the miner's turn for coal shall not be affected thereby.

Article 15. Where the blacksmith is hired by the company to sharpen tools for the men, the charges will be 1 per cent. When men sharpen their own tools, no charge shall be made.

Article 16. That each operator in Osage County shall furnish their employees domestic coal, during the six winter months commencing September 1 and ending February 28, at the September market quotations for Osage County coal, and during the six summer. months at the actual market price at the mines.

INSIDE DAY-WAGE SCALE.

(Driver for each additional mule, 9 cents extra.) Machine runner.

$2.83 Machine belper

2.60 Loading and drilling after machine

2. +2 Wages of motormen to be reduced 5.55 per cent below present wages. The company shall have the right to work any part or all of the mine by machines if they desire.

The men working with the machines shall be subject to the mine foreman's order, and do any work he may direct other than machine work; provided, however, there shall be no reduction made in the rate of wages paid. When either side to the agreement desires to do mining by the ton, the matter shall be taken up and adjusted. Digging coal by the day -

82. 65

GENERAL PROVISIONS.

Article 1. That the bimonthly pay days shall fall on the 2d and 4th Saturdays of each month.

Article 2. Any miner desiring to leave the service of the company shall give notice to the clerk of the company's local office and receive his money in full not later than 5 days after such notice.

Article 3. That all required timbers and rails shall be delivered when necessary at the working switch of the miner.

Article 4. That the color line shall not be a bar to employment.

« 이전계속 »