The New York herald., 1921-12-14

10 Wnlcn LABOR uHlOHS VIII not 80.
Assemblyman Thomas McWhinney,
acting chairman oe the committee, in
terrupted to ask the witness:
do you really believe that labor
organization should be permitted to have
constitution that would permit them
to blackjack-and you cannot call it
anything else--a citizen of this State
into doing whatever they think they
want him to do? d, you really believe
the laws of this State should permit
that?"
no blackjack a c!tizen?" Mr., Gala
CHER parried.
That is what you are doing when
you are taking a man before you who
is not member OF your union, not
under your control and force him to
pay or else wipe him out of business ;
what else is :t?'
"I do not think they ought to permit
anything criminal" the witness con-
ceded
Gallagher only 80. has been recording
secretary of the plasterers organization
since February last. He stood Sc
we're grilling by Mr.. Untermyer concern
ing the reasons for one or another of the
unions regulations which the committee
regard as oppressive and imposing a
heavy burden on builders credtably
enough as far as his own actions were
concerned. He began the plastering
| trade in 1905, when II, and has been
active in union affairs ever since. The
constitution and bylaws of the local were
| obviously the alpha and omega OF his
creed and he believed the union con-
trolled everything concerning the trade,
whether involving union or non-union
individuals.
Innumerable instances of employers be-
ing penaliZed for some infraction OF
union regulations were put into the rec
ord from Gallagher's minute book. He
justified them all by a reference to 'the
law" or "the constitution"
What law" demanded Mr.. Inter
myer at one point, "the law Of the land +:
what constitution the Constitution of
the United States?" The witness
thought the unions constitution and by
laws were second in Importance and au-
thority only to these.
Case after case was presented. bring
ing the record almost up to date where
employers or foremen were disciplined
for rushing" or taking the work"
Rushing" is an offense suggested by the
work. and the foreman who Is guilty Of
it is, In the opinion of John Pearl, vice.
committee Of the union, 40 per cent.
worse than a pickpocket. Gallagher
agreed with Pearl. "Faking the work"
means permitting the use of a tool that
will speed UP the formation of running
patterns and thus add to production.
Thus, Gallagher explained, the work Is
faxed" or not right. These and many
similar offenses Gallagher characterized
as damages to the trade" and they
were frequently so entered in the or.
ganization's records. Toward the end
of his examination Mr. Untermyer
asked:
Don't you see now that these abuses
these flagrant abuses OF power by the
unions-are the things that are dis
crediting the unions and turning public
sentiment away from them?" The wit
ness admitted this might be the fact.
Fined for a Pay-OH Delay.
One specific complaint appeared in
the minute book in the form of q COM
munication from the George Dose Engi-
neering Company, 43 West Twenty
seventh street This firm had a num-
Der of plasterers on a Job in 1920 and
because they did not pay off until 10
on the afternoon of a payday ii was
assessed an extra quarter days pay, or
that fair judgment, but would not ad-
nit that half days pay should have
been the penalty II the men had been
detained twenty minutes instead of ten.
Other instances were related which
showed that permission from the execu-
tive committee of the union must be OBJ
tanned before members are permitted to
work overtime. In many cases this
permission was denied. despite the will
ingness OF the contractor to pay double
time. A notable instance OF this was in
the case Of Job that was Ave months
behind and which the owner was anxious
TO finish.
Otto Koester. 1112 Vincent avenue, The
Bronx. who is associated with his
brother. II. F. Koester. as n builder.
had an effective way OF speeding up
work on his Jobs. 1t is to bet the fore
man 500 he can't finish within n
specified time Koester has made sew
eral such bets. he told the committee.
but never won one because the foreman
next day would have extra men on the
job and finish II up we'll within the
time limit. He explained his method in
connection with job on an apart
ment house at Walton avenue and
Cameron place on which he Is engaged.
Thirty-two rooms had been plastered
i'm three and half days, but after a
bet of 500 was made with the foreman,
Peter Paragone. the remaining forty
eight rooms were finished up in two
and a half days, and Paragone COL
lected the money.
You see," explained Koester. "r was
anxious to get them out so that the
carpenters could get in. I figured that
IL the men 1oafed an hour n day on me
II would cost me about $500. 80 I finally
bet 800 they couldn't get IL completed
by Saturday noon. They did"
Koester said he had to resort to the
same measures with the tile men, and
has similar bet pending on a job in
process His brother. II. II. Koester.
who is totally deaf. was called to
corroborate the story of the bet but
in reply to written, questions said he
knew nothing about it.
Although the record regarding the
collection and disbursement OF death
benefits by the Electrical Workers
Union already has been sent to the
District Attorney. Mrs. Agnes Kester.
3Ol West 10th street. and her daughter.
Eva, were allowed to testify at their
own request that Mrs. Kester never
received cent from the union upon
the death of her husband, John Kester,
in 1916. The two women testified they
went to William A. Hogan, financial
secretary of the union. who last week
admitted that he collected the death
benefits of four deceased members,
but was told that there was nothing
due TO them. Mrs Kester said her
husband had been a charter member
of tho orna pizat tion and her dauohter