Arizona republican., 1922-05-09
BY FREDERIC ]. HAskIN

w OANs may C~74AAA linus
trial code to govern all relations be-
tween coal operators and miners, and
all adjustments of those relations,
may be the basis of the settlement of
the controversy that has threatened
the fuel supply of the country since
April /. Such a code is the distinc-
tive feature of the Kenyon bill. now
pending in the senate, which was the
last contribution of the former sena
tor from Iowa toward the solution 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 similar measure which
will embody its essential provisions.
1t is also stated that President Hard
ing is favorably disposed toward the
bill, but of course no one is author
lied to speak for the White House in
such matters and as yet the Presi-
dent has gone no further than to ex-
press his approval Of the general in
duStrial code idea in one of his mes
sages to congress.
The idea back of the proposed code
is that there are certain fundamental
principles or rights which should be
the basis of all agreements between
the operators and miners as to wages
and working conditions and also
govern 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, win safeguard
the interests of the public which is
indirectly but vitally concerned in
every clash between the mine work.
ers and the operators.
In fact, a code of this character
may be looked upon as a bill Of
rights for those who participate di-
rectly in the coal industry and for
the public which the industry serves.
The rights which it defines may be
likened to the constitutional guaran-
tees of freedom of person, freedom Of
speech, freedom of assembly, ct
Cetera.
Precedent in Railroad Law
Precedent for. establishing such a
y
the transportation Act of 1920 under
which the railroads were returned to
private operation The labor pro-
visions 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 en-
'ployes. 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 (1) the scale of wages paid
for similar work in other industries,
f2) the relation between wages and
the cost of living, (3) the hazards of
the work done, (4) the training and
skill required, 90 the responsibility
resting upon the workers, (6) the
character and regularity of employ
ment, and (7) any inequalities re-
sulting from previous wage adjust
ments.
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 16 cardinal prin-
CIDltS WHICH IL AGNiGSd SiiOO1N ~
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 prln-
cipIes included among other things
the obligation resting upon workers
to render faithful service the right
of employees to organize and to bar
gain collectively through such or
ganiZation as they elected to form,
the eight hour day, seniority rights,
the classification of the workers, and
protection of the workers against be-
ing 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 contro-
versies it lay down the general prin-
ciple that "all the decisions of the
labor board with respect to wages
and working conditions OF employees
shall establish rates of wages and
standards of working conditions
which, in the opinion of the board
are just and reasonable
The bill then provides that in de-
termining the business end reason
ableness of such wages W working
conditions the board. in addition tc
other relevant principles, standards
and facts shah take into considera-
ton and be guided by IL fundaIFental
PRINCIPLES These basic PRINCIPLES