The Globe-republican., 1894-04-13
EMPLOYEES AHEAD.
Decision of Judge Caldwell in the
Union Pacific Case.

Wages Cannot BE Reduced without Givins
Proper NOtice-WholesOme Advice
Promulgated from the Bench
Agreements to Stand.
Union Pacific Decision.
OMAHA, Neb. April 6.-United States
Circuit Judge Caldwell's decision in the
Union Pacific wage schedule case was
rendered yesterday morning and was a
complete victory for the employees
After stating the facts about the re-
ceivership. Judge Caldwell said:
The relation Of these men to the company and
their rate of wages were determined in the
main by certain written rules. regulations and
schedules, some Of which had been in force for
more than quarter OF . century and all OF
which had been in force subs santially as ,hey
stand to-day for period Of eight years and
more. These rules, regulations and schedules
were the result Of free and voluntary
conferences. held from time to time be-
tween the managers of the railroad
and the officers and representatives OF
the several labor organizations representing
the men in the different subdivisions or
branches OF the service, viz: The Brother
hood OF Locomotive Engineers, the Broth
erhood of Locomotive Firemeu the Order
OF Railway Conductors, tn Order Of
Railway Telegraphers. the Union Pacific
Employees association and the Brotherhood
OF Railway Trainmen. These labor organiz1-
tions like the rules. regulations and sched-
ules. had become established institutions
on the system many years before the appoint
ment the receivers. Two Of the ablest rail-
roa managers ever in the service Of this sys-
tem and probably as able as anv this country
has ever produced-Mr. S H H Clark and Mr..
Edward Dickinson. now genera. manager of the
road, testify that these labor organic Itions on
this system had improved the morals and ef-
fciency of the men and had rendered valuable
aid to the company in perfectlng and putting
into force the rules and regulations governing
the operation Of the Union Pacific railway,
which, confcssedly, have made il one Of The
test manag ID and conducted roads in the
country
Among the rules and regulations in
operation when the receivers were ap-
pointed was one that no change should
be made in the rules and regulations
to the Ia Dor organizations. whose men,
bers would be affected by such change.
thirty days notice. or other reasonable
notice. This the judge declared just
and fair
Judge Caldwell then recited how the
receivers went into court last January
to force a reduction on the schedule of
wages and all the legal steps taken
down to and including the hearing just
ended and continued:
At this conference an agreement was reached
rs o the rules, regulations and schedules re-
lating to the tram dispatcaers and operators.
which have been reported to the court and con-
hrmed This was one OF the most difficult
schedules in the whole list to adjust ana the
agreement re Icheu by the confer
ence shows the great value Of good tempered,
calm and intelligent inquiry in which both
sides learned, perhaps for the first time,
the ground on which the demand is
made bv the one and resisted
b. the other. The receivers had declared to
the court that after careful consideration OF the
matter and consultation with the managing Of
ticials OF the Union Pacific system they were
OF the opinion that the so.called rules regula-
tions and schedules Of pay for train dispatch
ers and operators were entirely unnecessar-
And yet at the conference held under the or
der OF the circuit judges the position assumed
by the receivers in their petition to the court
was fOund to be untenabe and was abandoned
and rules and regulations governing tele
graphers' wages adopted
Judge Caldwell then said that when
a court of equity took upon itself the
and operation of great line
of railroad, the men engaged in con.
ducting the business and operating the
road became the employees of the court
and were subject to its orders in all
matters relating to the discharge of
their duties, and entitled to its protec-
ton An essential and indispensable
requisite to the safe and successful
operation of the road is the employ
ment of sober, intelligent, expert
enced and capable men for that
purpose. When a road comes under
the management of a court in
which the employees are conceded to
possess all these qualifications-and
that concession is made in the fullest
here-the court will not upon
light or trivial grounds. dispense with
their services or reduce their wages.
And when the schedule or wages in
force at the time the court assumes
the management of the road is the re.
suit of mutual agreement between
the company and the employees which
has been in force for years, the court
Will PICSuIuC tuc SCueuulc Is reason.
able and any one disputing that pre-
will be required to overthrow
it by satisfactory proofs. This the
court contends has not been done bv
the receivers, although they all recon-
that the cut be made
The recommendations of the receiv- |
ers to adopt their schedule cannot be |
accepted by the court for another rea-
son. That schedule was adopted with
put affording to the men or their rep
any opportunity to be |
heard. This wls in violation of the !
agreement exis; ing between the COM
pany and the men.
The system of rules and regulations
BY which the company has been able
10 bring into service and retain for
twenty-five years, in some instances.
the class of men who have appeared
before the court at this hearing is GER
tainly commendable. and meets the en-
ire approval of this court. In the
opinion IF the court the allowance
=, IN js, bv tho SchoduleS now in fOrco a ro ,