The free lance. (Fredericksburg, Va.) 1885-1926, 1904-09-29
GRAY UPHOLDS MINERS
Decides Check Weighman Contro-
versy Against Operators.
ALL THE EMPLOYEES MUST PAY
Check wcIghmen Must Be EstabIishc

CheCk Wciqnmcn muSt DO EshaS's'NN
Where Majority Of Men Ask For
Them. and Companies Must Deduct
Pay From Wages Of All the Miners.
Scranton. Pa. Sept q. - Judge
Grays decision on the check weigh
men question is complete victory
for the miners. Ii decides that check
Weirhmen must be established whore
a majority OF the miners ask for them,
and that the mining companies mn {
deduct a nrOpOrtiOnate share OF The
check weignmtn's salaries from all TIE
wages OF an 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 th9t
they should not be forced to collect
the check wciyhmcn's pay only from
those miners who had made assign.
mpnts OF portion of their wages iof
that purpose The miners hold that
whenever majority OF the miners at
any collery asked for 4 check weigh
man the operators SHOULD collect a
pro rata share uf the check weigh
mems pay from an the miners. those
who had not as sned portion 7t
their wage for THAT purpose as well
as chose ~ho had
In arriving az his decision judge
Gray decides that Umpire Carroll ID.
Wright wont outside of his juuaii.
ton in his decision of April q. 1901.
He decides that as the question had
not been submitted to the board of
Cancellation 20 could not be- referred
TO the umpire He says, however. b.
The hoard ot cancellation had submiii o.
to the umpire question already dee
cidcd. the umnire's decision would br
binding within the meaning of section
five of. tine award.
Judge Gray makes the followirr
findings.
"First-Thnt check weighmen an
check docking bosses shall be en-
ployed az any Of the collierics. WHOM
ever requested by the majority Of tae
contract miners of said colliery
Second That the wages of said
check wcighmcn and check docking
bosses shall De fixed. collected aa
paid By the miners tmeaning all tl'
miners Of said colliery). but i'm such
manner as said miners shall by me
jority vote elect
Third That when proper requests g.
as provided in said award have been
made by a majority OF the miners nj
any c0lliery. 10 is the duty OF tho MAJ
agpmont of said colliery. under the
award. % cooperate with the miners
Of said colliery in the establishment OF
check weiehmen and check DOCKING
bosses. and 10 pay the wagcs OF the
same ont Of the pr0portiouate 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 %.
check we.ghmen and check docking
bosses under the provisions of said
award.
"Fourth-That no assignments a..
earnings for that purpose is necessar
10 the due performance Of the require
ments of this award
As regards the liability Of the opor
ators in case some miner should sue 10
recover a deduction made without his
tacit consent. Judge Gray says;
ON the case we have in hand. =
would be- quite sufficient 20 simply
post a notice al the mouth Of the mine.
or in the Office whore the wages and
earnings arr paid. that such deduction
will pc made Therefore. those who
enter on. or continue in the employ
ment. do so with the understandiA-
that his is a stipulation inheritins -
their contract am quite sure iar'
this was What INC commission had n.
mind in making thiH part OF their r.
port. and flo award With which ir.
con Judo