The daily worker. [volume] (Chicago, Ill.) 1924-1958, 1928-06-29
MENL.EARN WHEN
CONTRACT" is
NOT A CONTRACT
Strong Union Is Vital
Need of Chauffeurs
lBa a Worker Correspondent

4 (BY a Worker Core p0nCSnt)
duo to a ruling made by referee
FIane of the workmen's compensation
board, upwards of 10000 taXicab
drivers in Greater New York find
themselves denied any chance of col
Letting compensation under the New
York state compensation act which is
supposed to cover all workers.
Injured at Work.
The decision handed down on June
% covers the case Of David Price, a
taxicab driver who was injured while
in the employ of the P. A. w. corpo-
ration on April %. He was disabled
for two weeks.
While the company did not deny the
truth Of Prices claim, it nevertheless
disclaimed any responsibility by con-
tending that Price was not an en-
ploye, but had "hired" the taxi which
he drove for them. A contract" in
the form of a card bearing the fol-
lowing wording was introduced into
the evidence by the defendant COM
pany;
THE undersigned hereby rents
from the ....... (name of
company, taxicab designated on
dailv trip card, and agrees to pay
rental sum equal to 500 of the
total receipts as appears from the
meter readings on each shift.
1T is further agreed and under
stood that undersigned shall be re-
sponsible for any accidents due to
his negligence, damage to cab or
loss of same Signed .......
drivers name), address, witness
and witness signature
Deny Claim.
The referee, Mr.. Lane, ruled that
by signing such contract" Price
became an individual contractor, who
had agreed to work on a percentage
basis of 400 of the gross receipts
and, since he was not an employe
within the meaning of the workmen's
compensation act, his claim for com
pensation for injuries was denied.
The form of contract" mentioned
above is used by all fleet owners who
are members of the Greater City Taxi
Owners Association, in which are
found most of the fleet operators, and
represents a clever attempt on their
part to evade all responsibility in case
Of injury or death suffered by one of
their drivers. All drivers are COM
PEELED to sign such an agreement
before they can go to work.
With one exception, namely, the In
dependent Taxi Owners Association,
whose members do pay wages to their
drivers, chauffeurs work for 400 of
the bookings.
Even if an injured driver should
sue and succeed in obtaining an judg-
ment from the court, he would find
it practically impossible to collect
anything. The reason is that cabs
are usually purchased on the INSTALL
ment plan and belong to the finance
company until the last payment is
made By that time, which may be
something like one year or 10 months
from the date of purchase, the car,
which meantime has been operated
both day and night, has been reduced
to load of junk. Therefore there is
usually nothing Of value to levy upon
and the injured driver or his depend
A.ents find that the judgment is simply
a scrap of paper"
Competition Keen.
Drivers who want to keep their
jobs are expected to book not less
than sixty dollars on the day line and
not less than ninety dollars on the
night line. Since competition is very
keen, drivers are compelled to take
MANY chances, thus exposing them.
seaves to the possibility of having ac.
ci4ents. Now, in view of referee
Lines ruling they are denied any
chance of collecting damages under
thu workmen's compensation act, il
cake of injury or death.
kuch a ruling, affecting an indus
ri containing over $4,000 licensed
drivers, is possible only because o.
the entirely disorganized state il
which these men find themselves.
There is a remedy within reach L
the drivers would combine theil
strength into a powerful union anC
try to affiliate with the American
FEDERATION of Labor, they could easily
ar. Ipel these greedy fleet owners t.
The full compensation in case of in
make or the death of driver, besides
most rowing conditions thruout the in
try.
MN effort to build such an organ
! Ftion will doubtless be received will
thusiasm by the drivers, especially
view Of referee Lanes most recen
Mission in favor of the bosses.
Hl DRIVER.