The San Francisco call., 1907-03-01
COMPANY NOT TO BLAME

COMPANY NOT TO BLAME
II seems very clear TO me that the position Of
neither party 10 this matter Is mentaiuable.
The change of conditions under which the
Dlen were compelled 10 work after the FIRE
Dot caused By the company, u was caused by
the earthquake and when the company began
10 get its lines ia order and the men voluntarily
returned 10 work. IN conformity with All the
numerous and complicated conditions Of the
tract OF 1905, II was tacit recognition by them
that II remained In fun force Ia respect 70 its
provisions as 20 hours Of labor. and rates OF.
wages. as well as with respect 10 other stlpu-
la tions Notwithstanding the changed conditions
under which tie labor 10 be performed.
Until the formal complaint Of August 1s was
presented 20 the company, its officers were JUS
the serious disadvantages under which the street
car business, IN common with all other kinds Of
business, must be conducted during the period
Of reconstruction and rehabilitation Of the lines
aud their equipment were willing TO go
under their agreement and accept the harder
conditions OF the employment as their share OF
the common calamity. When that complaint was
made, alleging violation by the company. not
Of the letter but Of the spirit OF the contract,
and when there was a failure 10 act upon IL
promptly, strike ordered by the union
and the men Quit the employment Of the COM
pany IN a body. This II is cOntended. was
violation Of its contract by them. and especially
OF that provision OF the contract bv which the
parties had agreed 10 submit any differences
that might arise 10 its construction, 70 the
decision Of a board OF arbitration. We do not find
IL DecessaTy, however. 10 decide any OF these
questions as 70 breaches OF tie contract. and
they are only mentioned IN passing for the pur-
pose Of fOrtifying the construction have
placed upon the acts OF the parties subsequent
the strike.
We consider that Mr. caihoun's letter Of Sep
tember and the return OF the men 10 work
Immediately upon its receipt amounted TO a
mutual waiver OF all claims OF breach of con-
tract and was IN effect an admission that 81
was ana should remain in fnll force as TO ali
OF its provisions except as to hours Of labor
and rates OF wages, and that as 70 those mat
ters II should be modified 30 far and so far only
that the board OF arhtrators might hold that
the more onorous condition OF the service en-
suing the earthquake gave the men claim, not
legal obligation but resting solely upon con-
Eiderstions OF natural Justice. TO larger CON-
pensation, and TO shorter hours. We proceed.
therefore. TO consider those points:
EIGHT HOURS IMPOSSIBLE
The company is asked to grant a uniform
eight-hour day for all men belonging to the
union, embracing platform men T. e. conductors
motormen and gripmen, switchmen, linemen,
track Eweepers and oilers, car washers and ian
itOrs, car cleaners and signal men, and fat
rate Of 50 per day for all platform men, instead
the irst year 26k cents for the second year
and 27k cents for the third year and thereafter
and a pnoportionate increase for all other than
The company objects to the request for an
eight-hour day upon various grounds: The cars
are operated more than sixteen and less than
twenty four hours so that they could not IN
der any circumstances be divided into eight-hour
regular shifts, and even II the were operated
throughout the twenty-four hours or for only
sixteen hours the runs could not be so regulated
TO begin and end with the beginning and end
ing Of eight-hOur shift not only because the
trips could not be so timed but because there
are certain rush hours in the morning and even
ing OF every week day when a large number
Of persons going TO or returning from their busi-
ness require large temporary addition 20 the
number OF cars ordinarily required during other.
hours OF the day.
with the exception Of a very small number
OF owl cars me nohos are IA operstlOn nor only
about twenty hours day and during those
twenty hours the number OF cars in service
SEASONS ana For other reasons Il has been found
impossible 10 arrange time tables upon any
basis, whether of eight or Of ten hours, which
VIII give the different car crews runs Of equal
duration. though q large percentage OF the men
may be given runs but little longer or but little
shorter than the standard Of eight hours or OF
ten boilrs selected on the basis Of the time
tables. there viii always be somewhat smaller
percentage Of runs considerably exceeding or
ard. II is. IN short, q necessity OF the business
that the platform men must work. some of them
every day
LABOR NOT SKILLED
The hest that can be done Is 10 make the
runs as nearly equal as practicable and 20
allow the men IN the order OF seniority TO select
their runs; and this Is the practice now and
heretofore prevailing on the company's lines The
period Of twenty y-four hours during which the
cars are operated be divided into two ten
hour shifts. and for that reason ten hours has
been made the basis Of all time tables hitherto
framed for the operation OF the companys lines.
II is true. has been shown by the evidence
produced before the board that tables be
framed upon an eight hour basis which win give
The same service 10 the public that Il maintains
AZ preseni--that Is 10 say. a service with the
same number % trips between termini-with
the same hcadway. and upon the same time, but
fle number of runs would necessarily be greater.
and there would necessarily be a much greater
number OF extremely short runs, runs given 20
the new on extra men, they called. upon
wiich. az any reasonable rate OF compensation
~ the hour. the men could not make living
Wages.
This is, 10 my mind q very serious objection
70 the short hour time tables. According TO the
unc0nTadicted evidence before Us, men Of aver
age intelligence whatever their previous poca-
ton. can learn the duties OF platform men in
few weeks. and II would be an unmerited
hardship to compel them TO wait longer than is