The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1922-05-08
TOPEKA STATE JOURNAL
Information Bureau
FREDERIC ,. HASKIN. Directors,
Washington, ID. C.
INDUSTRIAL CODE FOR COAL
INDUSTRY

| dustrial code to govern all relations
between the coal operators and the
miners. and all adjustments of those
relations. may be the basis of the set
Element of the controversy that has
threatened the fuel supply of the
country since April 1. Such a code is
the distinctive feature of the Kenyon
bill. now pending in the senate,
which was the last contribution of the
former senator from Iowa toward the
Esolution of strike problems.
! Senator Kenyon introduced this bill
in February shortly after the COM
mittee of which he was chairman had
| concluded its investigation of the West
| Virginia coal troubles. Senator Borah
| of Idaho, succeeded the Iowan as the
head of the committee that considers
labor legislation, and it is understood
| that he is preparing to expedite action
on the Kenyon bill. or on some SIM
! essential provisions. 1t is also stated
that President Harding is favorably
| disposed toward the bill, but of course
no one is authorized to speak for the
4 White House in such matters and as
yet the president has gone no farther
| than TO express his approval of the
general industrial code idea in one of
his messages to congress.
! The idea back of the proposed code
is that there are certain fundamental
1
| the bases of all agreements between
| the operators and miners as to wages
| and working conditions and also gov
ern all settlements of disputes in the
coal industry which cannot be ad-
justed by agreement between the
parties directly in interest. At the
same time, it is argued, these basic
/ principles, if applied, will safeguard
the interests of the public which is
/ indirectly but Yitally concerned in
every clash between the mine workers
and the operators.
In fact, a code of this character
/ may be looked upon as a bill of rights
for those who participate directly in
the coal industry and for the public
which the industry serves. The rights
which it defines may be likened to
| the constitutional guarantees of free
/ dom of person, freedom of speech,
freedom of assembly, ct cetera.
Precedent in RAILROAD Law.
Precedent for establishing such a
code in the coal industry is found in
the transportation act of 1920 under
which the railroads were returned to
private operation. The labor provi-
sions of that act, after creating the
railroad labor board and defining its
powers and duties, laid down certain
rules or principles which should be
| taken into consideration by the board
in fixing wages for railroad employees
That is to say, the board should fix
wages that were just and reasonable
and in deciding what are Just and
reasonable wages should consider %
the scale of wages paid for SIMILAR
work in other industries, (2) the re-
lation between wages and the cost of
living, CD the hazards of the work
done, (4) the training and skill re-
quired, (5) the responsibility resting
upon the workers. CD the character
and regularity of employment, and
CD any inequalities resulting from
previous wage adjustments
In its decision in the national
agreements case, the second big con-
troversy brought before it, the rail-
road labor board went a step further
toward the establishment of a code
for the transportation industry. The
board promulgated sixteen cardinal
principles which it decreed should be
mandatory upon the negotiation of
agreements between the workers and
the individual railroads and upon the
adjustment of the grievances arising
under such agreements These prin-
cipleS included among other things
the obligation resting upon workers
to render faithful service, the right of
employees to organize and to bargain
collectively thru such organization as
they elected to form. the eight-hOur
day. seniority rights, the classification
of the workers, and protection of the
workers against being disciplined
without a hearing
The Kenyon proposal for the coal
industry proceeds along similar lines.
After providing for the creation of a
board to hear and adjust controversies
it lays down the general principle that
all the decisions of the labor board
with respect to wages and working
conditions of employees shall esta blish
rates of wages and standards of work
ing conditions which, in the opinion
of the board. are just and reasonable"
The bill then provides that in de-
termining the business and reason
ableness of such wages or working
conditions the board, in addition to
addition to other relevant principles
standards, and facts. shall take into
consideration and be guided by eleven
fundam entail principles These basic
principles, which comprise what may
be termed the coal code. are as fol-
lows:
Eleven Fundamentals.
/. Coal is a public necessity. and in
its production and distribution the
public interest is predominant.
2. Human standards should be the
constraining influence in fixing the
wages and working conditions of mine
workers.
3. Capital prudently and honestly
invested in the coal industry should
have an adequate return.
4. The right of operators and
miners to organize is recognized and
affirmed This right shall not be de-
MED, abridged, or interfered with in
any manner whatsoever, nor shall
coercive measures of any kind be
used by employers or employees, or
by their agents or representatives, to
compel or to induce employers or en-
ployes to exercise or to retain from
exercising this right
5. The right of operators and Of
miners to bargain collectively thru
representatives of their own choosing
is recognized and affirmed
S. The miners who are not MEM
bers of a union have the right to work
without being harassed by fellow
workers who may belong to unions. !
The men who belong to a union have
the right to work without being
harassed by operators. The organiza- /
tons have right to go into non-lInion |