The labor journal. [volume] (Everett, Wash.) 1909-1976, 1912-07-26
THE ERDMAN LAW
A Promising Basis For Peace In
the Industries.
THE sKEPTICS CONVINCED.

quirements of the Act.
In view of the present controversy
between 10000 engineers on fifty east
ern railroads as to the matter OF In
creased wages, the following review
Of the operation Of the Erdman law
Of 1898 Is timely:
The Erdman act is a federal law OF
1898 providing for mediation and arbi-
ration In controversies affecting rail-
ways and such employees as are &C.
tually engaged In train operation. 1t
has dealt in a single controversy with
10000 employees and with fifty roads
involving 100000 miles of line. It's to-
tai operation has embraced forty-eight
disputes affecting 100000 men and 5oo.-
900 miles of road-all this in the last
FIVE years. No serious dispute on an
interstate railway has arisen In this
period where the act has not been in
voked All but one of these disputes
where mediation was accepted were
smicably settled. This exception &C.
Cured where the strike had been or
dered before the mediators were called
In and the men would not revoke the
order. So the mediators dropped the
case. Only three times was mediation
rejected Every case Of arbitration
has ended In the acceptance by both
sides of the award. What wonder that
suddenly this federal law has become
starting point Of nation wide dis
cussion of a means to establish peace
more and more widely in industrial re-
| lations.
The Erdman act provides for both
media ton and arbitration to settle dis
putes. At the time of the bills pas
sage arbitration was prejudged TO be
the more effective, but an obscure fea-
ture OF the law proved to be the i'm
portant one, for arbitration has been
resorted to as the first step in only
four cases and as a last resource in
only eight others. In these eight most
of the differences have been settled by
mediation and only some details By
arbitration.
There is nothing compulsory In the
| u
request of one or both parties to the
dispute The mediators cannot off,
cially take the initiative. The law re.
quires that the dispute must have in
terrupted or threatened interrupted
railway operation before action can be
begun. Usually this has been inter
preted to mean that a vote TO strike
has been carried The procedure is as
follows:
II an application is received from
one side only the mediators immedi-
ately tell the other party that the first
side has appealed to tnem and ask
whether the second will enter Into ne
gotiations. The second party must
agree before the proceedings go fur
Their. In only four instances did the
second side refuse. When both sides
have agreed to mediation the media
tors at once meet the two parties in
an agreed city, but separately. The
negotiations are always carried on by
conference first with one side and then
the other. Neither side knows how
the other side states its case Then a
) confidential statement or agreement to
possible concession is obtained from
each side without the knowledge of
the other. One side does not hesitate
to agree TO concession since. because
Of It's secrecy, such an offer cannot be
interpreted as a sign of weakening.
Furthermore. should the parties later
go to arbitration neither would have
preJudiced its chances. The contest
ants are never brought together until
the mediators have found settlement
to which each has agreed without
pressure from the other side Each
can thus look at the settlement as one
made on its own terms. Then the two
sides meet and sign up.
In the rarer arbitration process the
company and men select one arbitra-
tor apiece These two must select a
third within five days. II the third
man is not agreed upon within this
time he is named by the mediators
In only three of the twelve cases of ar
bitration have the first two arbitrator
agreed on the third This shows the
first difficulty of proceeding by arbitra-
! ton. In case the mediators appoint
| the third man their task is delicate
An appointed arbitrator certainly can
not be satisfactory If he happens to be
one already rejected by the first two
The difficulty Of agreeing to a third
arbitrator, the improbability of the me
diators appointing an entirely accepta
Bile one and the fact fiat the award Is
practically binding in character have
all made of little use the nethot
which was thought to be the valuable
provision of the act
/ The great progress under the Erd
man act has been due to remarka
bic array OF essential factors. They
are a WEAKNESS of Industrial strife, 9
method of leaving a friendly feeling
after difference. the large degree o.
freedom from courtllke judgments. th'
sbsence of compulsory arbitration. thu
recognition of the right Of employers
and employees to act In corporate
, form. the growing public demand fo
J industrial peace and the administra
: ton by officials equal to the job. Thl,
success In railroad disputes c~mpeli
: the question Cannot a similar law b
devised for the yet unconquered field
of Industrial strife7 This is the quer!
back OF the demand for II federal com
mission on Industrial relations. "Wha
3 has been done once can be done
: again.