Evening journal., 1921-08-25
PENNSY ASKS TO
deal With men
Requests Labor Board to
"Set Aside and Vacate'
Recent Decision
DENY RIGHT TO
ORDER ELECTION

PHILADELPHIA. Aug. 25.-The
Pennsylvania railroad yesterday for
warded an application to the Unit
ed States Railroad Labor Board to
"set aside and vacate" its recent de-
cision in the case of the shop crafts
union. declaring the board has no
right or power to prescribe princi-
pies to govern the railroad and its
employees in the making Of agree
ments covering rules and working
conditions.
The company, in its application,
also asserted the board has not
power to prescribe an election or
any other method by which the
railroad may ascertain the authoriz-
ed representatives OF its employees,
or to control a conference. or pre-
scribe what representatives OF its
employees it shall confer with. Re-
quest is made for a hearing on the
application. "at which time evidence
IN support OF the allegations OF facts
contained therein shall be introduce
cd"
Maintaining that the company has
a lawful right under the transpor-
tation act TO establish rules and
working conditions for its employees.
the application says that since the
termination OF Federal control the
Pennsylvania system has endeavor-
ed TO re-establish with its men a
harmonious relationship and has Of
fered all classes Of employees a voice
in matters affecting their welfare
through representatives OF their
own selection, whether union. or
non-union men.
Contracts entered into between
the management and representatives
OF approximately 10000 en-
ployes.' the application says. "are
now in full force and effect and II
The railroad complied with the Labor
Boards decision. those contracts
would be void to the great and ire
parable injury to the carrier and its
employees
-Since the boards decision. repre-
sentatives OF the various classes OF
employees with whom contracts have
been made have expressed their sat
isfaction, not only with the manner
of selecting representatives. but also
with rules and working conditions
agreed on"
The application. which bears the
signature OF Samuel Rca. president
Of the system. in part reads:
The carrier renews its objections
to the jurisdiction. which were urged
upon the hearing OF this case. Il
AYERS that the national agreement
are. as TO It and its employees, who'll,
terminated and Of no force ant
effect.
''The carrier denies the right an
power Of the board 10 prescrib
principles which must in law goveri
the carrier and its employees IN tn,
making OF agreements covering
working rules and conditions. Not.
withstanding this, the carrier has
endeavored in negotiations with ia
employees to adopt and observe such
OF the said principles that are fun
damentally sound and correct.
Dissatisfaction. whether real OF
fancied by certain employees with
matters Of mere procedure should
not be tortured into a dispute with
in the purvicw OF the transportation
act Disputes under the law refer.
able TO the board are those OF sub.
stance and real moment. Reduction
OF wages, real grievances unfair. un
reasonable. hurdensome working
rules are the matters comprehende,
by the transportation act as prolih
OF disputes which might interrup
transportation. TO prevent which tn
Labor Board was created.
''The carrier Will. as the occasio
requires, accord franchise right
only to its employees in service q
absent upon leave. and will not cor
cede voting qualifications to me
who have been laid of or furloughe
and who may be engaged in 9th,
occupations"
Here the application reiterat
the Pennsylvania announced poll,
OF establishing harmonious rel
tionship with its employees and, e
ceavoring to substantiate its CO
tentlon that the contested rules al
elections. are satisfactory to n
workers, points out that 66.5 d
cent Of the carriers employees "ha
expressed a desire to negotiate rul
and working conditions through er
pioye Representatives"
After describing events and co
ferences that led up TO the electi
of the contest employe represent
tives. the application contends:
''The carrier stated that the co
tracts between itself and its ei
ployes are in full force and eff,
and by their terms the part
threto have acquired mutual rigi
and assumed mutual obligations a
that II the carrier compiled with {
decision OF the board in this eau
the said contracts will be void al
Of no effect TO the great and ir1
parable injury Of the carrier a
its employees
Wherefore the carrier asks IN
the board vacate its decision in u
cause and find in pursuance OF I
transportation act (A) that the ca
rier has the lawful right to establi
rules and working conditions. eth
with or without holding conferenc
with its employees and (B) that I
contracts heretofore entered into
the carrier and its shop crafts a
now in full force and effect witho
any further action"
LAKE SPURNs OFFER.
BRIDGEPORT. Conn, Aug. Is
An offer OF f1.0O0. 900 sterling