Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1916-11-22
FORCED ARBITRATION
CRITICIZED BY GTLDAY
Means Involuntary Servitude for
Worker, Chief Of State Media
tion Bureau Says
REMEDIES SUGGESTED
Urges Recognition of Principle of Col
leetive Bargaining Between
Capital and Labor

HARRISBURG. Nov 22-Compulsory
arbitration will never end labor disputes
or strikes. Patrick Gllday former labor
leader and now chief Of the Bureau Of
Mediation and Arbitration Of the Depart
ment Of Labor and Industry. told the dele
gates to the fourth annual welfare and
efficiency conference at the opening of the
second days sitting today Mr. Gilday
said the only solution was n mutual agree
ment between working men and employees
recognizing the rights OF each,
For number of years" he said, there
have been various attempts TO enact laws
providing for compulsory arbitration OF
Industrial disputes The effort has been
TO use the police power OF the state to
compel both employing corporations and
their employees to continue their actlvl-
ties regardless OF any differences they may
have as TO wages or conditions OF labor.
There are two fundamental troubles with
this plan. In the first place, every man
feels that his labor Is his own property and
none, not even the State. can force him to
part with It, for that would he involuntary
servltude or slavery. Therefore, law
compelling a man to work to every man
who is not criminal or n convict, would be
extremely repugnant The employer Is In n
position of commanding advantage. lie
hires the man and pays the wages no also
establishes the working conditions lie
has the right to hire and discharge, and
he can use that power to regulate and dis
crminate against any employees who are not
amenablo to any new regulations or work.
ing conditions he may wish to introduce
Compulsory arbitration. therefore.
amounts TO an effort to compel the worker
to labor whether he wishes or not. IL estab-
fishes involuntary servitude, prohibited by
tho thirteenth amendment to the United
states Constitution, the unions hold.
Mr.. Gilday cites various interests in other
States and Canada where compulsory arbi-
tration laws have failed to end labor
troubles.
He declared there is no known methods of
tying the hands of labor except such reason
able restrictions on both sires as may come
from mutual agreement in which the prln-
ciple of collective bargaining is recognized
and expressed In a trade agreement between
the employers on the one side and the em-
ployes upon the other, under the terms of
which each respects the rights of the other
and method Of settlement of all its diff
ferences of opinion is provided
"Under the collective bargain or trade
agreement both sides mutually agree on
some plan to adjust to arbtrate any
dispute that arises. Thousands of workers
are working under this plan, and where the
letter and spirit of the agreement is re-
spected employers and employees live in
peace" he said. "and strikes are unknown
in these industries.
THE advocate of the trade agreement is
the man who opposes strikes and Is the
worlSman's best friend and public bene-
factor" he declared
when wage-earners organize to strike
and undertake to enforce their demands
upon their employer without regard to his
rights they may gain for n time, but they
are sure to lose in the end. Likewise Is this
handle the labor question by suppressing
the rights of the worker and enforce arbi-
trary agreements, one-sided in language and
oppressive In design"