BLF&E History - "An Historical Sketch of the Brotherhood"

An Historical Sketch of the Brotherhood - Part II

1924 Western Wage Movement

On April 7, 1924, word was received from W. M. Jeffers, Chairman of the Conference Committee of Managers, Western Railroads, to the effect that a wage agreement had been concluded between the western railroads and the Order of Railway Conductors and the Brotherhood of Railroad Trainmen. President Robertson of our Brotherhood and Grand Chief Stone immediately took steps, upon invitation from Chairman Jeffers, to arrange a meeting with the Conference Committee of Managers to negotiate a wage increase for members of the two Brotherhoods on the basis of the New York Central settlement. At this conference, held in Chicago April 23, 1924, the Conference Committee of Managers indicated that they would be willing to adopt the New York Central agreement if certain rules and working conditions to which they objected were eliminated. The chief executives of the two brotherhoods refused to agree to such changes in the rules and finally, after several conferences, continuing until May 13, 1924, it became apparent that no agreement could be reached and negotiations were brought to a close.

At this point the Conference Committee of Managers called on the U. S. Railroad Labor Board "to now take jurisdiction over the dispute or be prepared to take jurisdiction thereof should the dispute be likely to substantially interrupt interstate commerce." The Labor Board promptly attempted to assume jurisdiction, ordering all parties concerned to appear before it on June 3.

To this order of the Labor Board the Chief Executives of the two Brotherhoods replied in a joint letter dated May 19, 1924, from which the following passage is quoted:

"Having suspended negotiations on the individual railroads, at the suggestion of the Managers' Committee, and having failed to reach a settlement thru group action because of the impossible situation above referred to [meaning the acceptance of a wage increase as a condition to the abrogation of certain rules] the committee representing the engineers, firemen, hostlers, and hostler helpers on the railroads parties to the conference, have returned to their homes and are resuming negotiations on the individual properties at the point where same were suspended.

"The fact that many of the changes in working rules proposed by the Managers' Committee were never considered in conference between the carriers and employes directly interested ; that the committees representing the employes are resuming negotiations on the individual properties, in compliance with Section 301 of the Transportation Act 'to exert reasonable effort and adopt every available means to avoid any interruption as to the operation of any carrier growing out of any dispute between the carrier and the employes or subordinate officials thereof' there is, in our opinion, no ground for the belief expressed in your telegram of May 14 'that a dispute exists which is like1y to substantially interrupt commerce.' In the light of the facts herein stated, there appears to be no ground upon which the Board should attempt to assume jurisdiction and request the undersigned to appear before it on June 3, 1924, 10:00 a. m., daylight saving time, Transportation Building, Chicago, as indicated in your telegram of May 14 and your letter of the same date."

This letter was acknowledged by the Secretary of the Labor Board, who stated that it would be brought to the attention of the Board. This was done, and in an order dated May 28, signed by Chairman Hooper and Secretary Parker, the Labor Board took the position that the dispute between the railroads and the two brotherhoods was very likely to cause serious interruption of interstate commerce and continued the hearing to June 20, 1924. In this connection the order stated:

"The Railroad Labor Board will retain jurisdiction of the dispute and will continue the hearing set for June 3 to June 20, 1924, giving the representatives of both parties the amplest opportunity to indicate whether or not there remains a possibility of reaching an agreement."

A letter was addressed to the Chairmen of the General Grievance Committees of both brotherhoods by the two chief executives under date of May 29, notifying them of the action of the Railroad Labor Board. In this letter President Robertson and Grand Chief Stone stated that they did not expect to attend the hearing proposed by the Board and advised the Chairmen to resume negotiations with the management of the individual railroads in a new effort to reach settlement with them.

Chairman Hooper of the Railroad Labor Board, during the dispute between the Board and the chief executives of the brotherhoods, sent a great deal of propaganda to members of the House and Senate with a view to influencing them against the Howell-Barkley Railway Labor Bill, which had been introduced by Senator Howell and Congressman Barkley in behalf of the railroad labor organizations. This bill provided for the abolition of the Railroad Labor Board, and of course, drew the fire of Chairman Hooper and other members of the Board.

Finding that the two brotherhood chief executives would not appear before it, the Railroad Labor Board obtained from the Federal District Court of Illinois a subpoena demanding the appearance of President Robertson and Grand Chief Stone and also the General Chairmen involved in the dispute. The principal issue raised by the Board was one of jurisdiction.

The two brotherhood chief executives arranged to have counsel represent them and the Chairmen interested. Later, subpoenas were issued by the Labor Board demanding the appearance of the chief executives and General Chairmen involved. On the advice of counsel the chief executives and General Chairmen of both the B. of L. E. and B. of L. F. and E. met in Chicago July 23, 1924, and after a thorough discussion of the situation decided to decline to appear and testify in the proceedings of the Board.

On July 24 Grand Chief Stone, President Robertson and the General Chairmen of both brotherhoods, accompanied by their respective counsels, informally attended a hearing of the Railroad Labor Board. A protest was presented at this meeting against the jurisdiction which the Board was attempting to assume. The Board adjourned, to meet the following day at the conclusion of counsel's statement. A statement that constituted the Board's answer to the protest that had been filed on July 24 by counsel for the brotherhoods, was read by Chairman Hooper on the opening of the hearing July 25. When he had concluded reading the Board's statement Chairman Hooper announced that the question of jurisdiction was closed and that a hearing in the case would be begun by the Board immediately. Chairman Jeffers of the Conference Committee of Managers, Western Railroads, in replying to an inquiry from Chairman Hooper as to whether the railroads were prepared to proceed, stated that they were, whereupon the Chairman announced that the hearings would then commence, The Chief Executives and General Chairmen, together with their counsel, withdrew from the hearings at this point.

A Test Case

With a view to determining thru a test case whether or not the Labor Board had the right to compel representatives of the employes to appear and testify in connection with wage disputes the Board issued new subpoenas, which were served on President Robertson of our Brotherhood and General Chairman J. McGuire of the B. of L. E., Chicago and Northwestern Railway. The chief executives made arrangements to have counsel represent these two witnesses before the Labor Board at the hearing, which was set for September 11, 1924. A statement was filed at this hearing by counsel for the organizations in behalf of President Robertson and General Chairman McGuire, setting forth that both declined to appear before the Board and testify or to submit to the jurisdiction it had assumed in this connection. Nothing further being introduced by counsel on behalf of President Robertson and General Chairman McGuire, the Board adjourned the hearing at 10:30 a. m.

From the attorney representing him, President Robertson received on October 2 a copy of a petition that had been filed by the Railroad Labor Board in the United States District Court for the Northern District of Illinois. This petition prayed that an order be issued on the court requiring his, President Robertson's, attendance before the Railroad Labor Board, "at a time and place to be fixed by said Railroad Labor Board, and the making by him of a full answer to any and all pertinent questions relating to the subject matter in the dispute." Chairman Hooper swore to this petition under date of September 26. In eleven printed pages it briefly set forth certain facts and stated the position of the Board in overruling and disallowing the statements by President Robertson and General Chairman McGuire that had been filed with the Board, giving their reasons for declining to appear before the Board and testifying in connection with the dispute.

On November 6, 1924, Judge Wilkerson of the United States District Court, Northern District of Illinois, rendered a decision on the petition filed by the Board, in which it was set forth that the Board had the power to compel representatives of the railroad engine service brotherhoods to appear before it and testify in the western wage dispute, in which dispute the Board had assumed unwarranted jurisdiction. Judge Wilkerson's decision also set forth that failure to comply with the order of the Board would constitute contempt of court. Thru their counsel, President Robertson and General Chairman McGuire appealed to the Supreme Court of the United States to set aside Judge Wilkerson's decision. The decision of the Supreme Court handed down June 8, 1925, by Associate Justice Brandeis, reversed the lower court's decision and concluded for President Robertson and our Brotherhood another successful chapter in this controversy with the U. S. Railroad Labor Board.

Strike Vote Taken

President Robertson of our Brotherhood and Grand Chief Griffing, representing the B. of L. E. (Grand Chief Warren S. Stone having passed away June 12, 1925), together with the General Chairmen of both organizations on the Southern Pacific (Pacific System) undertook, when the opportunity was ripe, to handle to a conclusion the wage controversy on that property and at the request of General Grievance Committees of their respective organizations they agreed to take care of the situation. With this end in view, they arrived in San Francisco, California, on November 13. Beginning November 13, the committees met in joint session in San Francisco. After giving the situation due consideration and exerting final efforts to make an adjustment, only to meet with the refusal of the management of said system to confer with the chief executives, it was decided by the committees acting jointly to refer the entire matter in a strike referendum vote to the membership, in accordance with the laws of both organizations.

In the ballot distributed for this referendum vote, every angle of the controversy was covered so that each individual member would be thoroughly familiar with the situation and would thus be enabled to vote on it in a clear and intelligent manner. On December 4 and 5 the strike vote was counted. It showed 96 per cent of the engineers, firemen and hostlers determined to support their demands by leaving the service of the company. Before this vote was announced the United States Railroad Labor Board handed down Decision No. 2688 under date of November 29. This decision granted an increase to engine service employees but abrogating certain working rules. The increase granted was by far offset by this abrogation of working rules. The chief executives, of course, as well as the joint committee, ignored this decision of the Board.

When President Sproule of the Southern Pacific (Pacific System) was advised of the result of the strike vote he immediately granted a conference and negotiations were resumed. A settlement which was satisfactory to the representatives was reached on December 16, 1924, as a result of a series of conferences which were begun December 9, 1924.

Immediately after the Southern Pacific (Pacific System) settlement was reached, General Grievance Committees on roads in the western territory submitted to their respective management their request that it be adopted as a basis of disposition of the wage question.

Under date of December 20, 1924, the Conference Committee of Managers, Western Railroads, appealed to the U. S. Railroad Labor Board to set aside the agreement reached in the Southern Pacific (Pacific System) controversy and enforce the Labor Board's Decision No. 2688, whereby a wage increase was granted, but with certain rules abrogated. This the Labor Board would not consent to do.

A settlement was reached on some of these western properties without difficulty and without the assignment of Grand Lodge officers, but on a number of the systems officers had to be assigned, the taking of a strike vote being necessary on the Atchison, Topeka and Santa Fe (Coast Lines), as well as on the Southern Pacific, before an agreement was reached. In obtaining a settlement on the Chicago and Alton Railroad the same necessity arose, while a settlement was reached on other properties only when it was clear to the management that unless an adjustment could be secured on the basis of the Southern Pacific agreement a strike vote would be taken. Wage agreements were successfully concluded on the basis of the Southern Pacific settlement on every railroad in the western territory that was represented by the Conference Committee of Managers, Western Railroads.

It was a source of much gratification that the management of every railroad within the jurisdiction of the said Conference Committee of Managers signed an agreement with the two brotherhoods without the assistance of either said Conference Committee or the U. S. Railroad Labor Board.

Thirtieth Convention, Detroit, Mich., June-July, 1925 -- General Secretary and Treasurer Hawley, in his report to this convention, stated that on December 31, 1924, the cash assets, or resources of the Brotherhood were $13,608,852.40, and that the amount of the insurance in force was $155,591,500.

The following were some of the important enactment's and provisions of the Thirtieth Convention:

Beginning October 1, 1925, and ending on April 1, 1926, at 12 o'clock noon, a special dispensation was effective, providing that all members of our Brotherhood who had not yet passed their sixtieth birthday but who could pass the required medical examination would be permitted to join the Pension Department, provided that "all applicants who have passed their fortieth birthday take their proper rate at age entrance . . . . but shall pay back assessments at rate applicable from the last time eligible."

Provision was made for the creation and maintenance of a Widows' Pension Fund, from which all pensions should be paid to widows of members whose applications are properly filed and approved by the General Secretary and Treasurer.

It was directed that there be created and maintained a fund to be known as the Relief Fund, from which should be paid all claims for relief allowances, likewise all consumptive allowances, when such claims and allowances should have been properly filed and approved and were payable in accordance with the provisions of the Constitution. It was likewise provided that from this fund should also be paid all benevolent allowances authorized by the Board of Directors in accordance with the provisions set forth in the Constitution.

Company fostered organizations of employes, such as company unions, athletic clubs, literary clubs, etc., etc., established and maintained by railroad companies as a medium thru which the better to control the social and economic activities of wage earners in their service, were condemned and penalties provided for failure on the part of any member of our Brotherhood having membership in such company organizations to withdraw therefrom.

The penalizing of any member of our Brotherhood who writes group insurance for any railroad company, or who in any way engages in soliciting patronage for group insurance organizations, was also provided for, as group insurance under the auspices of railroad companies is considered a menace to our Brotherhood.

At the Twenty-ninth Convention, held in Houston, Texas, in May, 1922, the office of National Legislative Representative for the United States was made a new elective office and separated from that of Vice President. At the Thirtieth Convention, the office of National Legislative Representative for the United States was again combined with that of Vice President and the title established as Vice President-National Legislative Representative.

By action of the Thirtieth Convention the Canadian Legislative Representative was also given the additional title of Vice President, the designation of the position now being Vice President-Canadian National Legislative Representative.

Our 1925-1927 Wage Movement

The Thirtieth Convention took action instructing the International President to convene Associations of General Committees. Districts 1, 2, 3 and 4, as soon as this could be done after the adjournment of the convention, with a view to taking steps to secure as soon as possible a wage increase for firemen and hostlers and hostler helpers, to secure the rates paid under Decision No. 2, or better rates, if possible. In accordance with this action of the convention the Associations of General Committees, as directed thereby convened in the City of Chicago, Illinois, on Thursday, November 19, 1925, at which time the many subjects referred to them having a bearing on increased wages and working conditions were given careful consideration. The meeting authorized the Secretaries of the four respective Districts to act as a Special Committee to assist the International President to prepare a ballot in accordance with our laws for a referendum vote, said referendum vote to be taken on the following propositions:

" (1 ) Existing basic daily rates of pay for firemen, helpers, hostlers and outside hostler helpers to be increased $1 per day.

" (2) Firemen in short turn around passenger service to be paid overtime after eight (8) hours at the pro rata rate regardless of the length of time released between the beginning and ending of the day's work.

" (3) Mechanical stokers to be installed on all coal burning locomotives in road service weighing 175,000 pounds or over on drivers. Two firemen to be employed on such engines until so equipped.

" (4) Overtime in passenger service (except in short turn around service) to be paid for on the minute basis at an hourly rate of one-fifth (1/5) of the daily rate, according to class of engine or other power used.

" (5) Firemen and helpers employed in freight service to be given a reasonable amount of time for meals; they to notify the dispatcher if possible to do so.

"(6) Firemen to be allowed fifty cents per meal and fifty cents for lodging, when away from home.

"(7) Classification for locomotives in freight service, including Mallet and electric locomotives, to be extended to 525,000 pounds and over on drivers; an increase of twenty-five cents ($.25) in addition to the general increase to be requested for each additional 50,000 pounds on drivers.

"Saving Clause: Rules and rates of the various schedules to remain in effect except as specifically modified herein.

"Existing rates that are higher or rules that are considered more favorable by committees representing employes, shall be maintained. This not to be construed as restricting rights of committees on individual roads to readjust any condition not affected by these changes."

The ballot, which was dated December 9, 1925, was mailed out, it being provided that all ballots should be returned so as to reach the Grand Lodge not later than February 1, 1926.

The taking of the referendum occupied the remainder of the month of December and all of the month of January, and a Special Committee, consisting of the Secretaries from each of the four Districts, convened in Cleveland, Ohio, February 1, 1926 for the purpose of counting the ballots. On February 10, 1926, the four Associations of General Committees were convened in Cleveland to hear the result of the vote and to arrange for the handling of the movement.

The canvass of the vote as reported by the committee showed an overwhelming majority of all firemen and hostlers and outside hostler helpers to be in favor of inaugurating a concerted wage movement and also of requesting changes in certain rules, which changes had been specified in the propositions that were submitted to them.

Brotherhoods Act Separately

A program for handling the movement was adopted at this meeting and a sub-committee consisting of the International President and the Chairmen, Vice Chairmen and Secretaries of the four Associations respectively, was created. With a view to handling the movement jointly with the Brotherhood of Locomotive Engineers, this committee was authorized to convene with representatives of that Brotherhood, which had the question of participating jointly in this movement under consideration at that time.

Several months of negotiations with the B. of L. E. ensued, during which time the question was handled by that organization with its various Chairmen of General Committees of Adjustment. A Committee of General Chairmen of both organizations met in Cleveland on June 2, 1926, and considered the question of conducting the negotiations for a wage movement jointly. It was decided that each organization would conduct its own movement separately, in accordance with the laws of the respective organizations.

All General Chairmen were instructed to make requests on their respective management on June 25, 1926, for the increase in wages and revisions of rules in accordance with the program adopted by the Association of General Committees while in session at Cleveland on February 10 and 11, 1926.

In 1926 the Railway Labor Act was passed, which abolished the Railroad Labor Board and created the 'United States Board of Mediation.

On January 8, 1927, President Robertson met officials representing thirty-four eastern roads, after an exchange of correspondence with the Chairmen of the Conference Committee of Managers in the Eastern, Southeastern and Western Territories. Negotiations continued until February 5, 1927.

After it had been mutually agreed to invoke the services of the recently appointed United States Board of Mediation, an agreement was reached on that date, granting an increase ranging from 34 cents to 43 cents per day in passenger service, with an increase of 39 cents per day in the minimum daily guarantee in passenger service, an increase ranging from 38 cents on lighter engines to 49 cents per day on the heavier Mallet engines in freight service, 44 cents per day for outside hostlers, 40 cents for inside hostlers, and 35 cents for outside hostler helpers, arbitraries and special allowances to be adjusted on the same basis as was used in the last wage increase-the same rates of increase to be applied to rates that were at that time higher than the standard rates; also preserving the usual "differential" applied to mountain or desert service and providing for the addition of the weight on all power driven wheels to that of the weight on drivers in determining the correct weight and rate to apply.

Immediately following this settlement in the eastern territory, conferences with the Conference Committee of Managers in the Southeastern Territory were arranged to begin March 3, 1927. On March 9 a request for the services of the United States Board of Mediation was made jointly by both sides and eventually, on March 31, 1927, an agreement was reached to arbitrate all points in dispute. Arbitration hearings began on May 17, 1927, and continued until June 2. On June 16 an award was handed down by a majority decision which granted 40 cents a day increase to all firemen in road service, except passenger service. All other employes involved in the proceedings were granted 35 cents per day wage advance, which increased the minimum daily guarantee in passenger service to $5.60 per day. This decision like wise granted the request that the weight on all other power driven wheels be added to the weight on drivers in determining the proper rate to apply and that the saving and "differential" clauses be retained.

Correspondence with the Chairman of the Conference Committee of Managers of the Western Territory was being conducted at the same time that the arbitration hearings were going on for the southeastern territory in Washington, D. C., and arrangements were completed for the General Chairmen of District No. 1, Association of General Committees (western territory) to meet with the various General Managers in Chicago immediately following a settlement in the southeastern territory. The General Chairmen were convened in Chicago on July 6, 1927, and negotiations began on July 7, which resulted in the necessity of invoking the services of the U. S. Board of Mediation. Thru the efforts of said Board, on August 6, 1927, an agreement was reached to submit the differences to arbitration.

Board of Arbitration Chosen

The Board of Mediation was represented on this occasion by Mr. E. P. Morrow, as Mediator, and the Board of Arbitration chosen was as follows:

Representing the Public -

Hon. H. P. Burke, Judge of Supreme Court of Colorado, Denver, Colorado.

Mr. Paul A. Sinsheimer, Vice President American Trust Company, formerly Railroad Commissioner of California.

Representing the Railroads -

Mr. John W. Higgins, Executive Secretary, Association of Western Railways.

Judge R. V. Fletcher, General Solicitor, Illinois Central Railroad.

Representing the Brotherhood of Locomotive Firemen and Enginemen –

Vice Presidents Albert Phillips and Samuel A. Boone.

On October 1, 1927, hearings began in the arbitration proceedings, which ended November 11, 1927, when all parties to the arbitration agreed to recess until November 28, when the Board would reconvene in Denver, Colo., to continue deliberations and to hand down a decision. At 10 a. m. November 28 the Board reconvened in Denver and continued in session until December 5, when signed statements were issued by it setting forth the respective views of the individual arbitrators.

Following this action the Board immediately adjourned and the two members thereof who had been appointed by the railroads, Messrs. Fletcher and Higgins, left the city. Considerable correspondence then took place between President Robertson and the United States Board of Mediation and Mr. Jeffers, Chairman of the Western Conference Committee of Managers, following which the Board of Mediation ordered the Arbitration Board to reconvene. On December 17, 1927, the Board reconvened in Denver with all members present except those representing the railroads, Messrs. Fletcher and Higgins, who refused to participate further in the proceedings. A majority award was handed down by the four members present, granting to firemen in road passenger service an increase of 30 cents per day and to all other employes involved an increase of 35 cents a day.

On December 23, 1927, following the handing down of the award, a petition to impeach the award was filed by the attorneys for the railroads, Messrs. H. A. Scandrett and Kenneth F. Burgess, with the District Court of the United States, Northern District of Illinois. President Robertson, immediately on being notified of this action, filed application thru our attorney, Mr. Donald Richberg, to have such petition dismissed by the court. On January 24, 1928, President Robertson's petition came up for hearing and on February 1 Judge Carpenter rendered a decision dismissing the petition of the railroads to impeach the award. Judge Carpenter's decision sustaining the award was subsequently appealed to the 'United States Circuit Court of Appeals for the Seventh District, which court affirmed Judge Carpenter's approval of the award in a decision handed down on May 24, and the western railroads accepted same as final.

President Robertson being at this time engaged in the negotiations in the southeastern territory, Assistant President Timothy Shea and Vice President Howard H. Lynch were assigned to take charge of the negotiations in Canada, in connection with the Association of General Committees, District No. 4. These hearings, which began on May 10, 1927, resulted in a satisfactory agreement being reached on May 23. This agreement provided increases as follows: 24 cents per day in passenger service, 36 cents per day in freight, and 32 cents per day in yard service, with an increase of 50 cents per day for outside hostlers, 54 cents for inside hostlers, and 50 cents for outside hostler helpers. This agreement also provided that in computing rates the weight on other power driven wheels be added to the weight on drivers and the usual "saving clause" and "differential" were likewise included therein.

The Railway Labor Act

Several conferences were held, beginning August 13, 1925, between representatives of the railroads of the United States and of the employes, and on October 24, 1925, a meeting of the Chief Executives of the twenty railroad labor organizations interested in the Howell-Barkley Bill was held in Cleveland, Ohio, at which was discussed the question of securing the enactment of a suitable railway labor bill to substitute Title III of the Transportation Act of 1920.

A satisfactory agreement was not reached, however, between the representatives of the railroads and the representatives of the railroad labor organizations on a substitute bill to be introduced in the United States Congress that would repeal Title III of the Transportation Act until December, 1925. On January 5, 1926, a sub-committee of representatives of the railroads and of the labor organizations, including counsel for both sides, met in Washington, D. C. The purpose of this meeting was to prepare the bill for introduction in Congress by completing all of its details and putting it in proper legal form.

On January 7, 1926, the bill, having been completed by the sub-committee, was introduced in Congress. The representatives of both sides agreed to select the chairmen of the Interstate Commerce Committees of the Senate and House, respectively to introduce the bill.

Accordingly Senator James E. Watson, of Indiana, introduced it in the Senate and Congressman James S. Parker, of New York, introduced it in the House.

January 14, 1926, hearings were begun on the bill before the Senate Committee on Interstate Commerce and on January 26 before the House Committee on Interstate and Foreign Commerce. All parties concerned mutually agreed that the hearings be conducted intermittently, the understanding being that one hearing would not interfere with the other.

Considerable opposition to the passage of the measure was offered by the National Association of Manufacturers thru Mr. James A. Emery, their chief counsel. Not only did these interests oppose the measure, but endeavored to have it amended in a manner that neither side supporting it would approve of. This position the National Association of Manufacturers took notwithstanding that the representatives of the railroads, as well as those of the labor organizations, stood united in support of the bill, as they had agreed to do in conference.

The Watson-Parker Bill, officially known as The Railway Labor Act, was passed by the Lower House of Congress on March 1, 1926, and by the Senate on May 11, 1926. The President signed it on May 20, 1926. It therefore went into effect as of May 20, 1926, and on becoming effective automatically repealed the Newlands Act, which although it was still on the statute books up to that date, had been practically dead since the Transportation Act was passed, creating the Railroad Labor Board. The Railway Labor Act also repealed Title III of the Transportation Act and by it the Railroad Labor Board was automatically abolished.

The appointments of the members of the Mediation Board created under the Railway Labor Act were confirmed by the United States Senate on July 1, 1926. The following were named as members of that Board: Samuel H. Winslow, of Massachusetts; Edwin P. Morrow, of Kentucky; G. W. W. Hanger, of Washington, D. C.; Hywell Davies, of California, and Carl Williams, of Oklahoma.

The Board began to function immediately after the confirmation of these appointments by the United States Senate. Among the first duties performed by the Board was that of holding conferences with representatives of conductors, brakemen and yardmen, numbering approximately 90,000, and of the railroads in the eastern territory, on which the employes were seeking an increase in wages. This conference was opened on August 9, 1926, in New York City. It resulted in the parties reaching an agreement to arbitrate and in an increase of wages being subsequently awarded. During each of the wage negotiations of our own Brotherhood in the eastern, southeastern and western territories, the services of the Board were likewise invoked.

Western Maryland Strike

On Thursday, October 15, 1925, at 6 o'clock a. m., there became effective a strike of the engineers, firemen, hostlers and hostler helpers on the Western Maryland Railway.

Negotiations preceding this strike extended intermittently over a period of a year and a half, having been conducted in an effort to reach a settlement on the question of increasing wages on the basis of the New York Central agreement entered into January 16, 1924, which had been in effect on practically every other railroad thru-out the United States for some time.

A bulletin designated as circular No. 54 was issued by President Maxwell Byers of the Western Maryland previous to the hour set for the strike. This bulletin cited all employes who wished to continue in the service of the company to appear and sign a statement indicating that they were willing to remain and to abide by certain new rules and rates of pay, which the management would promulgate. A reduction in wages would result from the rule changes alone.

This "yellow dog" contract would have absolutely wiped out all favorable rules that were won thru years of negotiations with this and previous managements.

Hardly any of the employes responded to President Byers' ultimatum and as the men refused to sign the contract they were discharged. More than fifty were dismissed from the service of this company within two days.

Each engineman who had been retired on pension by the Western Maryland, some of them over seventy years of age, was summoned for service shortly after the strike was called. Upon their refusing to return, they were removed from the pension rolls and their pensions canceled. These grand old men displayed magnificent spirit in supporting the strikers and their respective brotherhoods. It was an inspiring example of loyalty and devotion to the cause for which the organization stood and to their brother members and former fellow employes.

The pensions of these fine old veterans were withheld for more than a year, and were finally restored to them in 1927.

The strike is still in effect.

An important event in the history of our Brotherhood and that of all bona fide railroad labor organizations was the organization of the Railway Labor Executives' Association which dates its existence from May 18, 1926.

Thirty-first Convention, San Francisco, California, June-July, 1928 -- Of the 932 lodges in the Brotherhood 928 were represented by delegates at this convention.

In his report the General Secretary and Treasurer showed that the membership stood at 104,777 December 31, 1927. The amount of insurance in force at that time was $159,253,000.00 and the total resources of the Brotherhood as of December 31, 1927, amounted to $17,639,707.15.

Outstanding among the enactment’s of the Thirty-first Convention may be noted the following:

Conventions to be held in the city where Grand Lodge Headquarters are maintained and if a change in date or place for holding the convention is deemed necessary the responsibility for determining the place and time devolves upon the International President. General Secretary and Treasurer and the Board of Directors. Because of labor trouble in Cleveland hotels due to which at that time non-union labor was employed in a number of them, acting under the authority of this law, the officers specified decided that our 32nd Convention would be held in Columbus, Ohio.

The General Secretary and Treasurer was given authority under the direction of the International President to appoint a competent person to make an investigation of the financial affairs of any subordinate lodge when he deems it to be necessary.

A beneficiary reserve fund to take care of the seventy year claims as they come due was established by the setting aside of $12,000,000.

Members who are physically incapacitated and unable to perform labor of any kind were exempted from paying Special General Fund assessments.

Non-beneficiary members who have been issued Funeral Benefit Certificates may apply for Beneficiary Certificates and their applications will be disposed of in the same manner as are applications for increases.

It was directed that applications for Beneficiary Certificates be referred by the General Secretary and Treasurer to a competent physician, and that after ascertaining the physical condition of the applicant the General Secretary and Treasurer issue either a Beneficiary or Funeral Benefit Certificate; in case of the applicant being refused a Beneficiary Certificate, either he, or his lodge to have the right to appeal from the decision of the General Secretary and Treasurer to the International President and from that of the International President to the Board of Directors, their decision to be final.

It was likewise provided that beneficiary members would also be entitled to receive the full amount of their Beneficiary Certificates for "the total or permanent loss of the use of a hand or foot, or, the total or permanent loss of vision in one or both eyes."

In the Relief Department "tuberculosis of the bone" was added to the disability causes for which the relief allowance is made.

It was provided that an applicant whose examination for allowance on account of consumption of the lungs is approved be required to take treatment in an established supervised sanatorium of his own selection, approved by the General Secretary and Treasurer, for a period of not less than six months.

Mutual Insurance Department Created

The Mutual Insurance Department was created in order to provide additional insurance for those members who are carrying the full amount they can secure in the Beneficiary Department and to make provision for those who on entering the order have already passed the age when they can participate in that department.

It was provided that when a member of the Accident Indemnity Department has received the amount of his policy it becomes the duty of the General Secretary and Treasurer to cancel the policy of said member.

Appeals over the decision of the Pension Board, which Board consisted of the International President,

Assistant President and the General Secretary and Treasurer, were to be examined by the Board of Directors "only when appeal is made by the applicant over the decision of the Pension Board," decision of the Board of Directors to be final.

A special dispensation was provided for beginning January 1, 1929, and ending at twelve o'clock noon July 1, 1929, under which the Pension and Widows' Pension Department were opened to members who had not passed their sixtieth (60) birthday and who could pass the required medical examination; provided that all applicants who had passed their forty-fifth (45) birthday would be required to pay the proper rate applicable at their age and also pay back assessments from the last time eligible, or, in the case of a new member, from the last time he would have been eligible had he been a member.

It was also provided that an object of the Widows' Pension Department would be to provide a monthly income for "widowed mothers" of deceased members.

The International President was authorized to grant a special dispensation to any lodge requesting same to admit an American Indian to membership, This dispensation was made effective August 1, 1928, at 12:01 p. m.

In its effect upon the future activity and policy of our Brotherhood one of the most important enactment's of the Thirty-first Convention was that establishing the Joint Relations and the General Policy Committees. The function of the Joint Relations Committee is to deal with the question of joint working agreements with other train, engine or yard service employes, its seven members consisting of the International President, Assistant President, the Senior Vice President, and four members to be elected by the convention having full authority to negotiate such agreements, same to become the law of the organization when ratified by the General Policy Committee.

The General Policy Committee, consisting of all Grand Lodge officers, members of the Board of Directors, and Committee on Joint Relations was "established for the purpose of considering and deciding rules and policies affecting matters of relationship, including amalgamation, between the Brotherhood of Locomotive Firemen and Enginemen and other organizations representing employes in engine, train and yard service, and for the purpose of considering any other matters that may be referred to it by the International President - any action taken on amalgamation to be subject to ratification by a subsequent convention of our Brotherhood."

Since our Thirty-first Convention in 1928, questions arising out of the abrogation of the Chicago Joint Working Agreement by the Brotherhood of Locomotive Engineers have made it necessary, for our General Policy Committee to meet on three different occasions. *The publication of this and the eight following paragraphs is authorized by President Robertson.

The first of these meetings followed closely upon the work of the Joint Relations Committee which met the Advisory Board of the Brotherhood of Locomotive Engineers and negotiated a tentative agreement covering the points of difference between the two enginemen's organizations. The General Policy Committee of our Brotherhood met October 30, 1928, and after due consideration ratified this tentative agreement. On October 30, 1928, there also convened a meeting of all the General Chairmen of the Brotherhood of Locomotive Engineers, which body declined to ratify the agreement reached between the Advisory Board of their organization and our Joint Relations Committee, and for several days sub-committees of these two general committees continued negotiations with the purpose of ratifying the tentative agreement previously arrived at, with any alterations therein that would be mutually satisfactory to the parties concerned. The General Chairmen of the Brotherhood of Locomotive Engineers declined to ratify the agreement, or agree to any acceptable terms. The negotiations were indefinitely discontinued on November 12, 1928.

Our General Policy Committee, as authorized by our Thirty-first Convention, gave due consideration to all angles of this situation and to all matters bearing thereon, and adopted a policy for the guidance of our Brotherhood concerning those questions covered by the former Chicago Joint Working Agreement. After all details had been agreed to and the members had signed same the General Policy Committee adjourned November 17, 1928, to reconvene at the call of the International President.

Second Meeting of Policy Committee

The second of these Policy Committee meetings, called for June 26, 1929, was occasioned by the situation created by the threat of the Brotherhood of Locomotive Engineers to take a strike vote on the lines of the Atchison, Topeka and Santa Fe Railway Company (Proper and Coast Lines); Chicago, Milwaukee, St. Paul and Pacific Railroad (Eastern Lines), including Terre Haute Division and Chicago, Milwaukee and Gary Line; Chicago, Milwaukee, St. Paul and Pacific Railroad (Western Lines) ; Missouri Pacific; Southern Pacific-Pacific System; Terminal Railroad Association of St. Louis; and Union Pacific Railroad.

Being unable to secure by persuasion such changes in rules as they desired, the Brotherhood of Locomotive Engineers resorted to this strike threat and as these threatened strikes would have been principally against our Brotherhood, our Policy Committee, after considering the implications of the strike vote, declared:

"It will, therefore, be the policy of the B. of L. F. and E. that whatever may be the outcome of the threatened taking of a strike vote, all members of our organization will continue to perform their regular duties; will entirely disregard any strike ballot spread by the B. of L. E. on the above matters; and that our organization will be prepared at all times to take any and all steps that are necessary to protect the rights and interests of our members under whatever conditions may develop."

By mutual understanding between President Robertson and Grand Chief Engineer A. Johnston, a committee representing the Brotherhood of Locomotive Engineers met with our Joint Relations Committee in Cleveland, Ohio, March 2, 1931, for the purpose of discussing matters of mutual interest to the organizations and endeavoring to compose existing differences.

In the exchange of correspondence it was made clear by the Engineers' committee that they could not undertake to negotiate any agreement, tentative or otherwise, looking toward co-ordination or amalgamation with either organization for submission to a subsequent convention for approval, unless specifically requested to do so by such organization.

This joint meeting adjourned without reaching an agreement and our General Policy Committee was convened. After being made fully conversant with the proceedings of the Joint Relations Committee and the committee representing the Brotherhood of Locomotive Engineers under date of April 2, 1931, our General Policy Committee announced to our members

"that no change has been made in the policy of our Brotherhood as declared November 17, 1928, and continued under date of June 26, 1929."

Meeting the situations above set forth and coping with the problems they presented have constituted some of the important work of our organization during the interval between our Thirty-first and Thirty-second Conventions and our officers and members have been kept informed of them not only thru the Monthly Bulletin and our Magazine but as well thru the General Policy Committee's reports, copies of all three of which have been mailed to each individual member.

In compliance with action of our Thirty-first Convention the Pension and Widows' Pension Departments were opened to qualified members between forty-five and sixty years of age by special dispensation for the period from January 1, 1929, to June 30, 1929. By this action provision was made that would allow members who had passed the age limit to join these departments on the payment of back assessments at the rate applicable from the time last eligible, or in case of a new member, from the time he would have been eligible had he been a member.

Another very important provision in our insurance department was also authorized and has taken effect since our Thirty-first Convention. If a member who has been paid the full amount of his Beneficiary Certificate on account of the loss of an eye, foot or hand, can pass medical examinations otherwise, he is permitted to take out Mutual Insurance except when the arm has been amputated above the elbow joint, or the leg above the knee joint, or if the loss of the eye involves any defect in the other eye.

During this period began one of the most severe business depressions in history. Practically all the nations of the world have felt its grip and it was not until within the past two years that any semblance of normal business conditions was restored, about eight millions still being out of employment.

The membership of our Brotherhood suffered severely, for, logically enough, the merging of railroads, electrification of many lines or parts thereof, introduction of super-modern machinery, unification of terminal facilities, abandoning of terminals, the lengthening of divisions, reduction of grades, straightening of curves, etc, arbitrarily and ironically resorted to by the managements in the face of depression conditions steadily contributed to the decline of employment in the railroad industry.

From 106,374 members January 31, 1927, there was a decline of 1,597 during the next eleven months, leaving a membership of 104,777 December 31, 1927, but by April 30, 1928, there was a further loss of 2,595, leaving a total of 102,182 April 30, 1928, approximately one month before our Thirty-first Convention. This loss was practically retrieved, however, during the remainder of that year, the gain from April 30th to December 31st being 1,985, raising the total number of members to 104,167 as of December 31, 1928. During the first six months of 1929 there was a gain of 659 and by December 31, 1929, the high mark in membership for several years was reached, the significant number being 107,199, thus registering a gain of 3,032 for the year. From this point membership figures decline again. By June 30, 1930, we registered a loss of 4,277 and by December 31st a further loss of 4,735 was shown, leaving 98,187. During the next three months there was a further loss of 3,732, leaving 94,455 as of March 31, 1931, approximately two months before our Thirty-second Convention.

During this time, however, the railroad labor organizations had been doing all they could to keep abreast of the changing times. One of their most significant moves was their convening of representatives of the five transportation organizations in Chicago November 12, 1930, "to give consideration to a shorter work-day, relief of unemployment, and to consider other matters of interest to railway employes and the industry as a whole." The sub-committee appointed by this group held other meetings but their work in general was impeded owing to the necessity of taking care of other more pressing matters brought to the front by reason of changes made in the proposed plans for consolidation of railroads in the eastern territory.

In a general way it may be said that the period between our Thirty-first and Thirty-second Conventions has been signalized by some important changes that were the result of enactment's of our Thirty-first Convention, the business depression which reflected itself in the suffering of our membership, as well as of other workers, and the initiation of a movement which has for its ultimate purpose the establishment of the six-hour day with no reduction in pay.

Thirty-second Convention, Columbus, Ohio, June-July, 1931 -- Of the 936 lodges in the Brotherhood 921 were represented by delegates. In his report the General Secretary and Treasurer showed that the membership on December 31, 1930, was 98,187 and the amount of insurance in force at that time was $155,698,000.00, while the net assets of the Brotherhood as of that date amounted to $22,857,321.81.

Six years later, as of December 31, 1936, the membership as reported by him was 76,722 and the amount of insurance in force was $99,733,250.00; and the net assets of the Brotherhood amounted to $25,132,017.47, showing a decrease in membership of 21,465, a decrease of $55,964,750.00 in the amount of insurance in force, and an increase in net assets of $2,274,695.66. From January 1 to April 30, 1937, 4750 members were added to our rolls.

Amongst the resolutions adopted by the Thirty-second Convention were the following:

Thermic Syphons.-That the International President and General Grievance Committees continue their efforts to have all locomotive boilers equipped with thermic syphons.

Mechanical Stokers and Power Reverse Gears.- That present efforts in respect to the application of mechanical stokers and power reverse mechanism to locomotives be prosecuted with all vigor and power at the command of the Brotherhood.

Discontinuance of Pension Department. - The Committee on Constitution in its report to the Thirty-second Convention made the following recommendations:

" (1) That the Pension Department be discontinued.

" (2) That the assets of the Department be distributed to the members.

" (3) That the method of distribution be to accumulate the assessments paid by each member at four per cent per annum compounded annually, to obtain a total of these assessments and interest, and return to each member a proportion of his total, equal to the proportion which the present assets of the Department bears to the grand total of assessments and interest."

The foregoing was the subject of spirited debate on the floor of the Convention, the recommendation of the Committee being rejected. The following day a motion to reconsider the action taken was adopted whereupon the recommendation of the Committee was adopted by a vote of 502 to 235. A yea and nay vote being called for, and the roll being called, resulted as follows: Total number of lodges represented 934; voting yes 538; voting no 380; not voting 16. At the conclusion of the voting, the President declared the recommendation of the Committee adopted. A motion, made and seconded, that: "The action of the Convention on Report of Committee on Constitution on Article 11, abolishing Pension, be effective October 1, 1931," was adopted by a vote of 522 to 75.

Widows' Pension Department. - The Committee on Constitution made a similar recommendation with respect to the Widows' Pension Department, with an additional paragraph numbered as follows:

"(4) That members who desire to provide their widows with a monthly income on death, do so by taking out a Mutual Insurance Department certificate, payable in monthly installments at death, as explained in the Mutual Insurance Department section of our report."

An amendment providing: "That the International President and General Secretary and Treasurer be instructed to make a lump sum settlement, not to exceed $1500.00 with each widow now on the Pension Roll. Widows that refuse to settle will have their names erased from the Pension Roll and will be paid their monthly allowance from the Benevolent Fund, providing these allowances must continue under the insurance laws of the States," was adopted, and the recommendation of the Committee was adopted as amended.

Disability Fund.- That the Relief Fund be discontinued and a new fund be created, to be known as the Disability Fund.

Hours of Service in the United States and Canada. - Action of the Thirty-first Convention was reaffirmed with a view to having enacted Federal Hours-of-Service Laws for men in train and engine service in the United States and Canada, whereby such employees may not be worked in excess of twelve hours in any twenty-four hour period.

Regulation of Length of Trains by Law. - That the International President be authorized and directed to bring the matter to the attention of other interested railroad labor organization executives, with a view to instituting a movement to secure the enactment of federal laws regulating the length of trains in the United States and Canada, when, in their judgment, the time is opportune.

Unemployment Insurance and Old Age Insurance. - This was the subject of a resolution having for its object a thorough analysis of the unemployment situation amongst our members and expressing the hope that some measure of relief might be found practicable and a policy adopted to meet this emergency. It was recommended by the Special Committee to which it had been referred that the International President of our Brotherhood bring the question of unemployment insurance and old age insurance to the attention of the chief executives of other railroad labor organizations, including such other labor bodies as in his judgment he might deem wise, and that he join with such other labor executives as were willing to cooperate in the premises in giving consideration to the advisability of a program on the part of Labor embracing legislation having for its purpose the establishment of unemployment insurance and/or old age insurance, and that this action be taken as early as possible.

Proposed Amalgamation with the B. of L. E.

By direction of the Thirty-second Convention conferences were initiated following that convention between the Joint Relations Committees of our Brotherhood and the Brotherhood of Locomotive Engineers for the purpose of considering the question of amalgamation. Notwithstanding our Brotherhood was prepared to submit full and complete statements as to the assets and liabilities of our organization, authenticated and duly certified as to the accuracy thereof, such statements were not forthcoming from the B. of L. E., and the conferences were abruptly terminated on August 1, 1935.

Railroad Retirement Act

The Railroad Retirement Act, establishing by law a retirement system applicable to railroad employees engaged in interstate commerce was enacted by Congress on June 16, 1934, and was approved by the President on June 27. While complete and extensive plans were being formulated by the Railroad Retirement Board to make effective the provisions of the law, the constitutionality of the Act was challenged by railroads.

Initial proceedings before the Supreme Court of the District of Columbia resulted in a decision on October 24, 1934, by Chief Justice Wheat of that court, that the Act was unconstitutional and invalid. Appeal from this adverse decision was made to the U. S. Supreme Court, which court on March 13 and 14, 1935, heard arguments in the case, and on May 6, 1935, by a 5-to-4 vote, declared the Act unconstitutional, Chief Justice Hughes dissenting, and whose dissenting opinion was concurred in by Justices Brandeis, Stone and Cardozo.

In order to formulate sound retirement legislation that would withstand attacks upon its constitutionality, two bills were introduced, one, a retirement measure and the other an excise or taxing bill designed to finance the retirement plan, both being introduced in the House of Representatives by Congressman Crosser of Ohio on June 25, 1935, and in the Senate by Senator Wagner of New York on the same date.

This retirement measure was enacted by the U. S. Senate and House of Representatives on August 19, and the taxing measure was enacted by the House and Senate on August 22 and 23, respectively, both laws being approved by the President on August 29, 1935, and thus again was established by law a retirement annuity system for railroad employes.

The taxing act was contested by the railroads and in June, 1936, was declared unconstitutional by Justice Jennings Bailey of the District of Columbia Supreme Court. Appeal has been taken to the United States Supreme Court where the case is still pending.

A third railroad retirement bill amending the act approved August 29, 1915, was introduced in both houses of the United State Congress, by Representative Crosser and Senator Wagner on May 11, 1937, a new taxing bill having been introduced a few weeks previously.

Action on these two latter measures has not yet been taken.

Two Men on All Types of Power

Members of the Associations of General Grievance Committees, Districts 1, 2 and 3, were convened at Chicago, Illinois, on August 25-27, 1936, at which meeting steps were fallen for the launching of a concerted movement with a view to having a fireman (or helper) placed on all types of locomotives used in road, yard, or any other class of service. A number of diesel-electric locomotives were being operated on various railroad systems with but one man-the engineer-in charge. Safety demanded that every railroad locomotive whether steam, electric, diesel-electric gas or whatever its form of motive power, be manned by a crew of two men, an engineer and a fireman or helper. One large system, the Union Pacific, had placed two men on their diesel-electric engines from the beginning of their use of that new type of locomotive, while another large system installed the second man on such types of motive power after extended negotiations.

A settlement was eventual1y reached on February 28, 1937, with representatives of railroad managements providing that a second man taken from the ranks of firemen shall be employed on all such locomotives weighing more than 90,000 pounds on drivers.
Participation in Beneficiary and Mutual Insurance Departments Optional

Acting in the capacity of governing body, incident to postponement of the Thirty-third Convention, our General Policy Committee took action effective as of July 1, 1935, whereby participation in the Beneficiary and Mutual Insurance Departments of our Brotherhood would be optional to all new applicants for membership, and to applicants for readmission.

Furloughed unemployed members could retain their membership either by retaining their insurance and parking sufficient as assessments to keep it in force, plus twenty-five cents to the Grand Lodge and twenty-five cents to the local lodge, or by discontinuing their insurance and passing a monthly assessment of twenty-five cents to both the Grand Lodge and the local lodge.

The years since our 32nd Convention marked an era of progress for railroad workers thru national agreements between railroad management and the labor organizations represented by the Railway Labor Executives' Association and also thru the enactment of labor beneficial to the workers. During this period the representatives of railroad labor refused to accept a ten per cent reduction in wage raters proposed by the railroad management but agreed to a ten per cent deduction in current wages but not in basic wage rates. This agreement ran from February 1, 1932 to March 11, 1935, when it terminated.

Considerable discussion developed during this period relative to an effort, inspired it is believed by certain high financial interests, to promote a plan to merge the railroads in the United States into a few large systems and to a considerable extent consolidate terminal facilities.

This was vigorously opposed by the railroad labor organizations. And so representatives of the managements and of the employes finally reached an agreement -- the so-called Washington Job Protection Agreement -- which provides for compensating employes displaced if and when such mergers or consolidations are made effective. Since that agreement was consummated little has been heard of the proposed mergers.

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