Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1904-10-01
GRAY'S DECISION
A MINERS VICTORY
Check Weighman Dispute Decided
Against the Operators.
ALL THE employees MUST PAY

Scranton, Pa, Sept. q. - Judge
Gray's decision on the check weigh
men question is a complete victory
for the miners. 1t decides that check
weighmen must be established where
a majority of the miners ask for them,
and that the mining companies must
deduct a proportionate share of the
check weighmens salaries from all the
wages of all the miners, whether they
have made assignments to that effect
or not.
This was the crucial point OF the
question that was submitted to Judge
Gray. The operators contended that
they should not be forced to collect
the check weighmen's pay only from
those miners who had made assign
ments of a portion of their wages for
that purpose. The miners hold that
whenever a majority of the miners at
any colliery asked for check weigh
man the operators should collect a
pro rata share of the check weigh
mems pay from all the miners, those
who had not assigned a portion of
their wages for that purpose as well
as those who had.
In arriving at his decision Judge
Gray decides that Umpire Carroll d.
Wright went outside of his jurisdic-
ton in his decision of April 6. 1904.
He decides that as the question had
not been submitted to the board of
Cancellation it could not be referred
to the umpire. He says, however, If
the board of Cancellation had submitted
to the umpire question already de-
cided, the umpire's decision would be
binding within the meaning OF section
five of the award.
Judge Gray makes the following
findings:
'First-That check weighmen and
check docking bosses shall be en-
ployed at any of the collieries, when
ever requested, by the majority of the
contract miners of said colliery.
"Second-That the ~ges of said
check weighmen and check docking
bosses shall be fixed. collected and
paid by the miners (meaning all the
miners of said colliery), but in such
manner as said miners shall by ma
jority vote elect
Third-That when proper requests,
as provided in said award. have been
made by a majority of the miners at
any colliery, il is the duty OF the man
agement of said colliery, under the
award, to cooperate with the miners
of said colliery in the establishment of
check weighmen and check docking
bosses, and TO pay the wages OF the
same out Of the proportionate deduc-
lions from the earnings of all the con-
tract miners of said colliery who are
employed or continue In employment
after due notice of the employment of
check weighmen and cheek docking
bosses und { the proyisiuns OF said
"ToTth-That no assia se..sF :.
earnings for that purpose 10 necessary
to the due performance OF the require
ments of this award"
As regards the liability OF the oper-
| ators in case some miner should sue TO
recover a deduction made without his
tacit consent, Judge Gray says:
"In the case we have in hand. II
would be quite sufficient to simply
post notice at the mouth OF the mine.
or in the office where the wages and
earnings are paid. that such deduction
will be made. Therefore, those who
enter on, or continue in, the employ
ment, do so with the understanding
that this is a stipulation inheriting in
their contract. l am quite sure that
this was what the commission had in