The Birmingham age-herald., 1920-03-12
WRITTEN OPINION
 IN MINERS CASE GIVEN BY DRYER 
Holds That Union Man Who Voluntarily Quit Work Cannot Demand Re
 instatement

The ruling of Judge E. H. Dryer, um- pire between the coal operators and the mine workers in Alabama, under the Gar field agreement which was rendered Wednesday afternoon at the conclusion of the hearing of the complaints of miners who wished to be reinstated was the source of much comment yesterday.
 Judge Dryer held that the operators were under no obligation to reinstate a man who left the service of his employer even though he did so in obeying the orders of the union. Neither in law, nor in morals may one escape Individual re- sponsibility for the consequences of his acts in obeyng the orders of a union or which he is member, as in so doing he leaves of his own volition, and cannot demand reinstatement, he was not discharged. according to his opinion.
 The written ruling of Judge Dryer, given out yesterday. is as follows:
 "Wyley Davis. Walter shism and Will Chism complain that they are denied reinstatement by the Pratt Consolidated Coal Company for service as employees at Gamble mines As members of the United Mine Workers they obeyed the general strike order. effective Novem- Der l, 1919, and voluntarily quit the serv- ice of the employer, The strike ended, they claim to be entitled, of right, to IS-tUltI.l lHe service or the COHlpdHgs which refuses to re-employ.
 The umpire concurs in the public declaration made by the president, and in the opinion of United States District Judge Anderson of Indiana that the strike was illegal, and the question presented is whether or not member of the union who obeyed and participated, may now rightfully demand to be placed in his former position without the consent and a pa ipS Sf ho miSbpS of his former ployer The contention, in it's essence. | is that an employe may leave and retsrn | to the service as and when he pleases; | and that this right exists even where the abandonment of the service was with out just cause.
 | Neither in law nor in morals may | one escape individual responsibility for i the consequences of his acts in obeying the orders of a union of which he is 8 member. What the union does, with his participation, is his act. If he leaves a | service under the orders of the union | he leaves of his own yoliton. Having l left he cannot, as against his employer claim any privilege or immunity he could rot claim if he had not been a union man, and had left the service of his own free will and accord union man cannot 1 rightfully claim the benefits and repud- l fate the burdens and responsibilities of concerted action
 | "No one would contend that non- union man may leave a service, without good cause, and be entitled, as of right, | to reinstatement against the consent of | his former employer. A union man oc- cupies no higher station.
 1 'The prime object of the Garfield agree ment is flor increased production or | coal" When a strike occurs, in order 10 | continue operations, it is necessary 10 call in new men and promote those re- | maining who are competent, to places made vacant by those who have walked | out IL would be unjust to discharge, or denote these men in order to restore the old men to their former positions
 whenever they may be pleased to return and demand reinstatement. No buslA"ss could long survive a practice of ntat nature and the true interest Of the ]workingm is not advanced by lnsistence upon it. The agreemnt, in terms teieV- enth section) provides ] The operator and his superntendeh. land his mine foreman shall be respected in the management of the mine and the ldirection of the working force. The au- thority to hire or discharge shall DC Ivested in the mine superintendent or mlne foreman,
 "It follows that these applications for
 reinstatement should be denied. It
 so ordered.
 .J+ heinz admitted that the severa complaints against Sloss-Sheffield Stee land Iron Company. Corona Coal com Ipanv. Aetna Coal Company, Liberty eoa
 Company Birmingham-Trussvliie iroi lCompany, Central Coal and Iron com
 nany Eureka Coal Company, Suprem' INf,rinr Company, Red Eagle Coal on
 panv and Roden Coal Comrany are or iiN'
 character. and cannot under the ruiins
 be sustained; they are, each, TOT 'n
 same reason, denied and dismissed,
 s'EDMUND IT. DRY ER,
 "Umpire United States F'uel Aoiiii'iisei" :" l