The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1888-01-26
THE LOCKOUT ENDED
Ar zee cENTRA1 Glass woRKs
BY the Decision Of the Board of ArbitrAtOrs
that the Scale Accepted by President
Scott Last July is Binding for Year.
What is Thought of 1t Here.

William Doyle, OF Pittsburgh, on behalf Of
the Central company, and President VIII
liam Smith, Of Pittsburgh, on behalf Of
the operatives, with Augustus Pollack,
Esq, Of this city, as umpire for both par
ties. The case was heard in this city by
the board on January II, and sworn wit
nesses were examined for each aide. The
arbitrator met yesterday at Pittsburgh, to
suit the convenience Of Mr.. Doyle, who
was unable to come here on account Of an
accident, and alter q comparison Of views
the following judgment in the case was
delivered by Mr., Pollock, the umpire, Mr..
Smith ConCurring in the judgment and
Mr.. Doyle dissenting:
TEIT OF TIE DECISION.
In announcing the conclusions at which
the arbItrators in this case have arrived, !
may remark that am entirely convinced
that the issue turns rather upon its moral
status than on It's legal phase.
presume that its legal aspects, as to
how far there was contract really bind
ing in law, could onl be properly deter
mined in the courts.
But inasmuch as It Is the province oil
boards Of arbitration TO take cognizance Of
all the aspects Of controversy submitted
to them, both legal and moral, and mas.
much as the representative Of the Central
Glass Company has Bignifed his entire
willingness TO have this case thus com.
prehensively considered, we may very sp.
propriately, as It seems to me, accept this
phase Of it at mis- hands and determine, II
We can, the nature oil the obligation In
CURED, II any.
It seems plain that both parties to this
case did really expect that the scale Of
prices for work to be done at the factory,
as submitted and accepted In July last,
would remain, substantially, in effect I'M
I'll the next meeting or convention OF the
Glass.Workers who framed 1t.
Such haze been the case, time and again,
prior to the submission Of the scale OF
July last.
As to tho exceptional changes that were
suggested and accepted afterwards, they
seem to have had no general bearing on
the scale gs q whole, but were rather in.
cidentsl to it's local working and were such
as it was practically impossible to provide
for In q scale Of general application
throughout the country.
These changes, thus made, resulted from
suggestions pro and con, and were adopted
in spirit OF harmonious cooperation be-
tNe cen the management and the employees.
1t seems proper to say, Just here, that
the evidence shows the relationa between
the management and the operatives at
the Central to hsve been exceedingly
creditable to both; so much go, in fact,
that we might well wish that all industrial
establishments were carried on In the
same spirit OF fraternity and good will.
THERE'S, however, an nesIdiderenceo OF
opinion between the twosidss represented
here to be disposed Of, which Ia ss to how
far scale rendered and accepted verbally
at the beginning OF new scale year, or 8
new fire, as 1t Is called, constitutes an OBJ.
LEGATION for that year on both sides.
The testimony shows that no writings
or other formRlities were ever entered
into; that, In other words, the custom
prevailed to tender the scale verbally,
through o committee, on behalf OF the
operatives, and to accept or reject 1t verb.
ally by tho President on behalf OF the
Company.
Once accepted thus 1t was understood
to 90 into effect without further ceremony,
eud on the part Of the operatives, "a they
testify, i vas understood to remain in
effect until theis next annual conven.
ton.
No exception appears to havs occurred
for years to this custom. No new ECS!e
appears to have been rendered OF dis.
cussed in the interim by either side, and
no changes to have been made except in
the unimportSnt particulars referred to.
In the nature Of any large business con-
Quoted under q scale Of priCes annually
recest and re.submitted and re.acCepted,
there must arise some friction &C come
point Of detail not fOreseeD, and this was
found to be the case by both sides at the
Central Glass Works.
But neither side seems 10 have regarded
the occurrence or adjustment OF these
difficulties as at all serious, or as involving
or annulling the scale asa whole.
The scale held sway all the time and
presume the management would have
been greatly astoniah0d had the operatives
at the time additional moves in the Tum.
Dl6E u6phELEuoAb WG4oACduC9tShl AIbHgLVd
that this demand terminated the scale.
The evidence Ia apparently conclusive
that, notwithstanding these occurrences
and their adjustment, both sides regarded
the scale as in full force and effect.
Contrary to its policy, prior to last year,
the Central Glass Company became, in
the latter part OF the year, member OF
the Manufacturer Association, and out
Of this change Of policy arose the present
lockout.
Now had the company been O member
oil this association at the time the present
scale went into effect, 1t might be urged
with much force that the acceptance Of II
was properly subject to such action as
said association might take, both sides,
in that case, being members Of asaocia.
tons that had equal rights, as regards the
duration OF scales. But there was no
reservation Of this kind in this case. The
Central Company, standing in a perfectly
independent position, accepted the scale
without intimations Of possible future
deClination during the FIRE.
Judging the future by the past, had not
the operatives q right to believe, as mat
ter Of good faith on both sides, that tho
s0sle was to run as 1t had run heretofore
We think they had.
Neither legally nor morally can party
to an expressed or implied contract enter
into relation, after the incurrence OF an
obligation, that can excuse him from It's |
fulhllment. Therefore It Is no release frem
the moral obligation which the company
incurred in this Cass TO refer to any sub.
sequent action on the part Of the Manu-.
iacturers' Association, in which associa.
ton 1t had no lot or part at the commence
ment OF the scale year.
The very fact that the President OF the
company referred this matter Of an alleged |
contract to the Manufacturer Association |
Ia Of nomomsnt. TheimportantfRctis that
he subsequently suggested this present
method Of really and finally determining
on his part OF possible prior obligation.
But aside from all other considerations
oouaa tho Anal 0ua whiNh NTH r,,a 10