New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1921-08-20
Rail Overtime
Rule Relaxed
By U. S. Board
Extra Pay on Sundays and
Holidays May Be Revoked
When Employees Are Reg
ularly Assigned to Duty
Contends Decision Will
Bring Average Monthly
Salary 81 Below 1919
Spec al DispcteA to The Tribune

AAlNA1O, <NIA. 1S.-h6llTO2QS must
continue to pay time and q half over
tine 10 their shop employees when
The overtime is continuous with the
regularly scheduled hours of work, but
they are relieved of overtime on Sun
days and holidays at the time and
half rate when the nature of the work
requires continuous performance seven
days a week and men are regularly
bulletined for it.
This decision was issued by the
United States Railroad Labor Board
this afternoon and will have an i'm
portant effect upon the action of the
labor unions, who have called a series
Of general meetings in Chicago, be-
ginning August 20.
An exceptior-one denying the time
ard one-half rate to men regularly as
signed to necessary Sunday and Holt
day work-provoked the first dissent
ing opinion that has been made public
since the board was formed a year
snd one-half ago.
A. 0. Wharton, former president Of
the railway employees department OF
the American Federation OF Labor, sub
mitted the minority opinion. He is
one Of three labor representatives on
the board.
The decision embodes the first Of the
rules the labor board will prescribe to
replace the national working agree
ments established during Federal con-
troll Of the roads. The order applies
only to the 1877 railways involved in
the overtime controversy with the six
federated shop crafts, but it will bind
all other roads, it is said, as SOON as
their cases come before the board.
Independent Agreements.
agreements with their employees, how
ever. are free to disregard the board 8
rules.
Seven rules, covering the same
ground as the same number in the Ma
tional agreements, were laid down, all
dealing with overtime pay. They are
effective as of August 16. The board
will publish others as soon as they are
drafted
In addition to adhering. in general,
to the established overtime rate, the
board recognized the eight-hour day
standard, as it has done in an earlier
decision.
Directing to the majority opinion
as one which docs not appear either
just or reasonable Mr.. Wharton took
particular exception to a provision cut
ting the pay of employees regularly
assigned to road work and paid on a
monthly basis. This stipulated that
such employees should compute their
salaries on the basis OF 243 hours a
month, instead of the present 263
hours, allowing no overtime for hours
worked in excess Of eight per day, nor
DEDUCTIONS for less than eight hours
work, unless the employee deliberately
lays off.
Would Lower Salaries
that this will bring the average
monthly salary 50 below that paid for
the same class of work on MAY /. 1918.
Cases in which existing rules will be
modified by the boards decision in
clude: III
Employees may now be required to
work two hours overtime, instead of
one before being released for meals.
employees called for work and not
working, or working two hours and
i,orty minutes or less, will receive four
hours overtime, instead Of five.
Instead Of five hours pay, EMPLOYEES
called one hour or less before their
regular time will receive time and one
nalf for the overtime.
II allowed at least five hours off dur
ing every twenty-four workers called
rom home will not be paid overtime
Tor time spent in sleeping.
Calls Ruling Unjust
The concluding paragraph Of Mr..
Whartons dissenting opinion reads:
~ does not appear either just or
reasonable that conditions which have
been in effect from ten to twenty years
ana even longer, established as re-
s4is OF negotiation and mutual agree
mens between employers and employees
and not 'nfrequently established where
no organization Of employees existed.
can nov be decided s unjust or nm,
reason able"
70, The majority opinion was written bv
chairman r. ". Barton and concurred
IA oy Albert Phillips and Walter I.
Mcaenlmen, mem bers representing the
Unions; G. W. Hanger and Ben W.
hooper, who, with Judge Barton, repre-
cent De the public, and Horace Baker. J.
II. Elliott and Samuel Higgins, repre-
sen,ing the railroads.
me Following is an excerpt from an
explanatory statement ACCOMMODATING
tne new rules: -"
mere was a wide diversity Of rules
among the numerous railroads of this
country prior to the Standardization
mat took place during Federal con-.
r.oi: u Is therefore possible to exc
pseceoents for almost any rule that
may De advocated. Such precedents
pest are persuasive, but not controll-
'12 The fact that given rule NAV
once have existed by agreement on a
ROAD IS not conclusive of it's reason
S"aeAcss and business, for it may have
psen imposed on the employees by un-
IDIrxCtf -
economic pressure. The board has
.neseiofe felt constrained to consider
e"s principles Of right and wrong in
.oiFeo IN the proposals and counter
pt0posais submitted TO it in the light
- present conditions and industrial
history
agreement Goes Too Far"
lnro1ghout these rules the sound
xess o. the principle Of punitive pay
a'r Overtime work has been recognized,
pet not 70 'ne extreme extent embodied
J." .ne national agreement.
me eignt-hour day has also bean
slTen full recognition. The policy of
g@y'o2 time and one half for work per
<"tInsa On Sundays and holidays is
~sD approved IN rule six, but an I'M
y.'s<H' exception is provided. Certain
1''oS o. nork. which are unavoidably
Ano regularly performed on Sunday
hhH holiday and which are abgoletely
sxsensiai 70 the continuous operation
oi tne railroad ~ meet the REQUIRE
nj