The sun. [volume] (New York [N.Y.]) 1833-1916, 1900-02-25
UNIONS AT ClTY'S THROAT.
STdRTLING POSSIBILIIIEs or PRE-
yiILJNG RATE or WI6 ES-L1W.
II Practically Takes Out Of the Hands Of
tho Municipality the Fixing Of Wages
for Al the Manual Labor II Employs
and Delegates II to the Unions VIII

~ al the Mnnunl lshDor ~ EWpIoyS
ana Delegates II to the unions VIII
Enormously Increase the City's Biils.
1t IS only within the last day or two that the
officials charged with handling the city's finances
have begun 10 realize the widespread effect Of
Corporation Counsel Whalcn's Interpretation
OF the Prevailing Rate II Wages Law, The Cor
pofiii"n Counsel and the heads Of the city de-
patim"utS are row being inundated with letters
rom labor uGiuHs demanding the prevailing
rate OF wages Tor the members Of Theses uEiuns
who hr" employed by the city, and agents Of the
ui'1i, have been haunting the departments ready
10 ohIige IN case Of doubt as 10 what the union
f6l' # wages Is IN any trade. How many more
millions II dollars a year the city will have 10
pay ms a result Of the law will not be known until
the Comptroller has passed upon the amended
paytullS, Moreover, the increase Is likely 10
continue in succeeding years. as union wages
ar" always on the up grade. The section Of the
labor laW IN question, after specifying that eight
hours shall constitute a days work, continues.
The wages 10 be paid for a legal days work
to all cllsS", Il such laborers, workmen or me-
chan.cs upon all such public work, or upon any
material To BE- used upon or in connection there
with, shall not be- less than the prevailing rate
for n days work in the same trade or occupation
in the locality within the State where such public
work on, about or in connection with which
such labor is performed in its final or completed
form is to be situated, erected or used"
The decision Of The Corporation Counsel was
rendered in a case raised by the Municipal Civil
Service Commission, which commended that Bridge
Commissioner Shea by increasing the compen-
Hai"n OF two steam engineers In the Department
81 badges t. the prevailing rate Of wages as de-
mihN'i hy lhe, unions, was violating one Of the
rules " the Civil SerN zee, as il I meant a promotion
from the third tn the fourth grade wi ,hout A civil
service examination, Mr.. Whalen's opinion
Is as follows.
Met with the Labor law, chapter AIS Of the laws
oi 1877 as amended by chapter 567 Of the laws
OF 1879, IT il provided by this law as amended
not Only mat eight hours shall constitute a days
work ior employees, but that they shall receive
not less man The prevailing rate for a days work
IN ~" locality within the State where such public
WORK on about or in connection with which such
labor is performed IN It's final or completed form
Is 70 be situated, erected Il or used.
IL Would he possible 10 so construe the Labor
law as 10 exclude the employees Of municipal
cntporhtluns from many Of its benefits. But
taking the spiut Of the act rather than its letter
] think 1t must be held that all EMPLOYEES (who
are declined in section ? as workmen, mechanics
ur lahorers) who are employed Al A per diem
compensation or In such avOCations or employ.
u"utS a. are usually compensated for by a Der
diem compensation are protected by the prOvis.
Ions OF NE act In other words, all employees
or lHhorrrs employed by the city should I've EN-.
ployed and paid as provided for in the Labor law
am informed that the compensation Of tho I'm.
pl"yreS menuCned, namely, steam engineers, is
IN this city usually fixed upon n per diem basis
in other words, they are paid by wages and not
by salary. II the amounts al which the wages
~ these persons have been fixed nv the Com.
missioner II Bridges Is the prevailing rate Of
wages in their occupation, not only was he right
m liking them at the amount named but he would
have been liable to prosecution for malfeasnnCe
In office, under section, 4 Of tho Labor law as
amended, had he acted otherwise. "
i recommend, Therefore, that you communi-
cat" win The commissioning Of Bridges and re-
guest him 70 inform YOU whether or not the com
pcnsation, fixed by him for his employees is in
fact Gt the prevHiling rate Of wages in their oc-
c%upation, and il his answer should be In the az
payrulls at the amounts named"
II Is now known 10 the heads Of d%epartments
that NOT, only VIII the COS, OF, labor he greatly
increased, but the city will also BE- confronted
with hundreds probably thoUsa nds of law.
suits for the difference in the rates paid by the
city s"t III" prevailing rate since the law went
been established in the case Of josiah r "' hIi.ny
9 painter In ne f1t' DEPARTMENT, who obtained
judgment against NE city last week for 81, 72s,
wages he had b,cn receiving, and So 80. the union
rate since the law went into effect. Andrew i
l.usk, master workman - the Empire J ahor Club
3 Q, t ,TNGT mr. Gn1 ba h"St mISd N H. the Street usrning De
--HN' Wv 1913 Nv WI
oftlHimoulS under the law. The Park iohorers
who have been ~r'raiving 81 20, 81 Il and ST "a
n day, now want the difference between those
amounts and So o Gav, and n number Of them
have given th'ir claims 10 him as general assignee
Il"uNluN scale for some of the trades cmnInyed
hv me cNv is rs follows. Blacksmi,hs, A 10
o day; hlachsmith's helpers, 50 80: shin carnentars
81 hri'tI'y"rS and mnSons, So cents an hour
~ ho rH'Scd 10 60 cen.S). cement workers "A. linz
men, 50 - tuolmakors, 81 10 81: machinists. 81 "a.
printers 81 piTe c~aulkers, SO so: pipe filters a, "a
and ST ulaster,rS, $3.50, plumbers, 81 stonrcut-
tors, 81 80, tinSmiihS, SO 30; vArnishors So 10
md housrSmiths, s3 and 81 80. The manual
trades represented by employees VI the city ac-
number ninety four. '"'
Under the law, even non union men can sue
for the difference between the wages thev received
and the union rate, SO that, il seems, the city can.
MT escape Liability ia this case II any Of It's en-
plovccs % DO work that is also done hy organized
trn'nN IN John T. Nngln, chief Of the Mum
Ciull l.ah,r bureau, said Yesterday that the an.
~plicauon " the law would reach further even
than its trainers CONTEMPLATED. II would nlare
the city practically In the power NJ the unions.
ms far 0S wages were concerned, and would
enormously increase the cost If running all The
departments. '1he effect Of the law will he s,u.
penious, h. said, and the city Is only beginning
70 realize il But | suppose the situation must
be faced, The unions seem 10 run everything