Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1888-01-26

the former claiming that the po-
sitiOn taken by the men was right and
that their claim had been fully proven,
while Mr.. Doyle took exactly the opposite
ground.
In this dilemma Mr. Pollock made the
decision in favor of the men. The text OF
the decision follows:
THE DECISION.
In announcing the conclusions at which
the arbitrators in this case have arrived, l
may remark that l am entirely convinced
that the issue turns rather upon its moral
status than on its legal phase.
/ presume that its legal aspects, as to
how far there was a legal contract really
binding in law, could be determined prop
erly only in the courts. But inasmueh as
it is the province of boards Of arbitration
10 take cognizance OF all the aspects OF q
controversy submitted to them, both legal
and moral, and inasmuch Us the repre-
.~entatiye of the Central Glass Company
has signihed his entire Willingness to have
this case thus Complementary considered,
we may very appropriately, as 1t seems to
me, accept this phase at his hands and &c
termine, if we can, the nature of the obi
CATION incurred, if any. 1t seems plain
| that both pacties to this case did really ex
pecr that the scale of prices for work to be
done at the factory, as submitted and ac-
Pcepted in July last, would remain sub
| stantially in effect until the next meeting
or convention of the glassworkers that
framed it.
Such had been the case time and again
prior to the submission and acceptance OF
the scale Of July last. As to the excep-
tional changes, that were suggested and
accepted afterwards, they seem TO have had
no general bearing on the scale "a q whole,
but were rather incidental 10 It's local
working and were such, as it was prac-
tically impossible to provide for in a scale
Of general application throughout the
country.
These changes resulted from suggestions
pro and con and were adopted in a spirit
of harmonious co operation between the
management and employees. It seems
proper to say just here that the evidence
shows the relation between the manage
meut and operatives at the Central have
been exceedingly creditable to both, 50
much so, in fact, that we might we'll wish
that all industrial establishments were car
ried on in the same spirit OF fraternity and
good will.
There is, however, an honest difference
of opinion between the two sides repre-
sented here to be disposed of, which IS, as
TO how far 3 scale rendered and accepted
verbally ct the beginning OF a new scale
year, or a new tire, as it is called, constl-
tutes an obligation for that year, on both
sides
The testimony shows that no writings OF
other ~formalities were ever entered into.
In other words, the custom prevailed tC
tender the scale verbally through a com
mittee on behalf OF the operatives, and to
accept or reject it verbally by the Presl
dent on behalf of the company.
Once accepted thus, it was under
stood to 20 into effect without fur
Their ceremony, and on the part
of the operatives, rs they testified, to re
main in effect until their next annual con-
y~ention. No exception appears to have
occarred for years tn this custom. None"
scale appears To have been rendered or dis
cussed 10 the interim by either side, and nc
changes to have been made, except in the
unimportant particulars referred to. In
the nature of any large business conducted
under q scale of prices annually recast and
submitted and reaccepted, there must arlst
some friction at some point OF detail no,
foreseen, and this was found to be the cast
by both sides at the Central Glass Com
pany.
Rut neither side seems to have regarded
the occurrence or adjustment of these diff
culties "a ri Sl serions or "a involving OF
annulling the scale.
The scale held sway all the time, and ]
presume the management would have
been greatly astonished had the operatives
nj the time additional moves in the tum'
bier department were requested, e told
that this demand terminated the scale.
The evidence is apparently conclusive
that Notwithstanding these occurrence
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 Compan became in the
latter part of the year, q member Of the
Manufacturers Association, and out Of
this change of policy arose the present
lockout.
Now had the company been a member Of
this association at the time the present
scale went into effect it might be urged
with much force that the acceptance
of it was properly subject to such
action as said association might take,
both sides in that case being members
of associations that had equal rights as re-
CARDS the duration of sales.
But there was no reservation OF Ar
kind in this case, the Central Company
standing in a perfectly independent posi-
ton, accepted the scale without intimids-
ton of possible future declination during
the FIRE.
Judging the future by the past, had not
the operatives q right to believe, as q mat
ter of good faith on both sides, that the
scale was to run as it had run heretofore?
We think they had. Neither legally nor
morally can q party to an expressed or i'm
piled contract enter into a relation after
the iucurrance of an obligation that can
excuse him from its full6lmeut; therefore
il Is no release from the moral obligation
which the company incurred in this case
to refer to any subsequent action on the
part of the manufacturers association, in
which association il had no lot or part at
the commencement of the scale year.
The fact that the President of thee m
pany referred this matter Of n alleged
contract TO the Manufacturer ASsocia-
ton is Of no moment.
The important fact that he subsequently,
suggested this present method OF really and
finally determining the case is o reeogui-
ton on his part Of \ possible prior Obliga-
ton.