Milford chronicle., 1904-09-30
GRAY'S DECISION
A MINERS VICTORY
Jheck Weighman Dispute Decided
Against the Operators.
ALL THE employees MUST PAY
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Scranton. Pa, Sept. 27. - 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 weighmen's 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 4 portion of their wages for
that purpose. The miners hold that
whenever a majority of the miners at
any cOlliery asked for a 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-
tion in his decision of April 6. 1904
He decides that as the question had
not been submitted to the board of
conciliati0n it could not be referred
to the umpire. He says, however, if
the board of cOnciliation had submitted
to the umpire a 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 wages 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 a 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. it 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-
tions from the earnings of all the con-
tract miners of said colliery who are
or continue in employment
after due notice of the employment of
check weighmen and check docking
bosses under the provisions of said
award
"Fourth-That no assignments of
for that purpose is 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 &
.acit consent. Judge Gray says:
'In the case we have in hand, it
would be quite sufficient to simply
post a notice at the mouth of the mine,
II in the office where the wages and
earnings are paid, that such deduction
will be made. Therefore, those who {
inter on, or continue in, the employ
nent do so with the understanding
hat this is a stipulation inheriting in
heir contract. I am quite sure that
his was what the commission had in
mind. in making this part of their re- ]
lort. and the award with which they
onclude it."