Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1900-03-20
Decision Of State Board Of Labor,
Cancellation and Arbitration.
UNANIMOUSLY AGAINST HIM.
Brewer Union aud nisehoff uav ing
Agreed 20 Abide by the Decision,
There Will be No Strike.


dered It's decision In the case Of the Salt
Lake Brewing company, plaintiff, VS.
Brewery Union No. Ga. and Charles W.
Bischoff, defendants Following Is the
full text OF the opinion:
on the Sth day Of March 1900, the
Salt Lake Brewing company. through
its general manager Jacob Morits. In
formed this board that controversy
had arisen between said company and
It's employees. The communication also
embodied a statement TO the effect that
the company desired TO submit the
matter In dispute to this board for set
tlement by arbitration.
The said Salt Lake Brewing company
likewise submitted a written relation OF
iis grievances. Of which the following is
q brief summary:
That. on the End day OF March. 1900.
one Charles w. Bischoff, an employe OF
eald company, was IN such state OF
irtoxlcation as, IN the opinion OF Fore
man Oscar Lehman. 10 dlsqualify him
for the proper performance Of his work.
prior 10 the date last above named, been
in similar condition, and Cor this
cause had been demonstrated with. that
he had, contrary 10 the rules Of the
establishment OF said company, pried
open shutter In order 10 procure
quantity OF lime from storeroom on
the premises.
THE AGREEMENT.
Then followed statement 20 the ef-
feet that, on August LIST. 1898, an agree
mnet was entered into between the
brewery bosses Of Salt AXE city, Utah,
and the branch OF the Brewers and
Maltsters' National Union Of the same
place. TO continue In effect for two years.
Among the conditions OF said agree
ment were the following:
That, "All the employees Of the brew
cry shall have. during work hours, free
beer"
That mo man In the brewerles can be
dismissed without sufficient cause"
That III the employe wishes TO leave
the place he has 20 give five days
notice to the foreman"
The Salt Lake Brewing company
claimed that II was by virtue OF this
agreement that Chas. W. Bischoff was
discharged--the cause for this action
being. In the opinion Of Foreman Leh-
man. sufficient.
BIscHoFFs DISMISSAL.
on March 9Th. 1900. communication
from Fritz Springman In behalf Of
branch No. Ga OF the Brewery Work
mans National union OF Salt Lake City,
was addressed and delivered TO Jacob
Moritz, general manager Of the Salt
Lake Brewing company. 1t Is here
quoted:
AS we are convinced that Chas. W.
Bischoff has been dismissed wrongfully
we have resolved unanimously that the
secretary ask the United Brewery
Workmen OF the United States, and the
Utah Federation OF Labor, to give Us
permission TO go on strike. but II
you are willing 10 rainstate Chas. w.
Bischon In his former position at once,
and pay him for his lost time, We viii
not do the above"
SUBMITTED FOR ARBITRATION.
In answer, on March sth, 1900. the
Salt Lake Brewing company, through
It's general manager, notified Fritz
springman, secretary Of the local branch
Of the Brewery Workmen's National
union, that the company had decided TO
submit the matter In dispute to the
Utah State Board Of Labor. Cancellation
and arbitration. Mr.. Springman was
also furnished with "a copy OF the appll-
cation for hearing before this board.
SPECIFIC DENIALs.
On the 18th Of March 1900, this board
received from the local union No "a.
through Secretary springman ana 9TH
ers, a written communication. II con-
sisted Of specific denials OF all the ale
cations OF the Salt Lake Brewing COM
pany In relation tc the conduct Of Chas.
w. BlschOft, and stated that the latter
was, on the Ord day OF March, 1900.
discharged from his employment, by
the salt Lake Brewing company, with
out any reason therefor"
This answer included a statement 10
the effect that Chas. w. Blschon and
those acting with him were willing TO
join with the Brewing company in sub
uniting the matter in dispute to this
board.
Both parties to the controversy
agreed 70 abide by the boards decision.
The hearing was begun on Monday,
March 18th. In room 2SO. d. +. Walker
building, and resumed on Tuesday,
March 18th, three sessions In all being
held.
THE KEY WAS LOST.
In the course OF the investigation II
became evident that the allegation to
the effect that Chas. W. Blschoff had
injured the complainant company BY
prying open a shutter IN order to pro-
cure quantity OF lime. could not be
seriously entertained. II was shown
that Bischon was unable to find the key
OF the storage room In which the lime
was kept; that the obtaining Of the lime
was necessary and In the interest OF
the company; that there was no es-
tablished rule on the subject and no
damage 10 property resulted from the
act complained or
The nature OF the conclusions Of the
board was, therefore, wholly dependent
upon the evidence In relation to Mr..
Bischof's having been intoxicated dur
Ing work hours, and. In case the fact
were proved, whether his conduct In
this respect constituted a Justihable
cause for his dismissal.
BIscHoFF WAS INTOXICATED.
The overwhelming preponderance OF
the evidence sustained the allegation
us TO Mr.. Blschon's having been intoXi.
Gated on the days specifically named
In the complaint OF the brewing COM
pany. There was but little, II any diff
ference In the testimony as to the fact
OF his condition in this respect. the
only conflict being In relation to the
degree OF his inebrlstlon
While II was not made clear. by the
testimony, that Chas W Blschoff =
work was neglected. or performed In
such way as 10 result In damage to
the company which employed him, Il
Is indisputable that int0xicatlon and
unrellabllity are inse9erable. BY his
conduct the interests Of his employer
were endangered. II would be wrong
In principle to force upon an employer
situation that might, az any time. re-
suit In serious injury 10 his business.
DISCHARGE SUSTAINED.
The nature OF the dispute IL such as
TO place II beyond the reach OF COM
promise adjustment; therefore the de-
elsion Of this board is that the dis