Evening star., 1939-01-25
Gas Company.
Workers Gain
Closed Shop
Judge Coyton Rules
Solution Necessary
For Good Relations

Judge Nathan Cayton of the
Small Claims and Cancellation
Branch of Municipal Court today
handed down decision granting the
District of Columbia Gas Work.
ers' Union CLOSED shop" in the
Washington Gas Light Co.
The magistrate, who acted as ar
bitrator in the dispute between the
union and the utility, ruled that
the "all-union" agreement must be
entered into within 80 days from the
date of the award.
Both parties had agreed to abide
by the findings of the arbitrator.
In an agreement between the union
and the company, reached last De-
cember, all differences were settled
except the "closed shop" dispute.
: The arbitration agreement award
ed by Judge Cayton provides that
during the term of the agreement
all employees of the gas company
who are eligible to membership in
the union shall join. This section is
not applicable to employees in mana
gerial, supervisory or confidential
positions.
Freedom From Rancor.
In his ruling, Judge Cayton said
the relations of the union to the
company have been marked by a
commendable freedom from rancor
. and by mutually respectful ap-
proach to their respective problems.
1T is my opinion he declared,
"that to preserve the present salts
factory relationship it is necessary
that the union should be empowered
actually to represent all of the en-
ployes of the company Except those
specifically excluded by the arbitra-
ton agreement and that to that
end it should have within its men,
bership all such employees. Other
wise, as think the evidence before
me established, it will certainly lose
Its effectiveness as representative
bargaining agency, as it will un-
ooubtedly lose members from it's
rolls"
The magistrate said the language
OF the agreement gives the COM
pany, as we'll as all present and pros
pective employees, ample safeguards
against rash or arbitrary conduct on
the part of the union or it's officers
by providing that expulsion from
the union shall take place only for
cause, after hearing, and requiring
that the union furnish the company
a full statement of the reasons for
expulsion.
The union, which was formed by
employees OF the company in June,
1887, as an independent union, now
has total membership of about
1,161-approXimately SO per cent of
the total of 1,245 employees eligible
for membership.
Judge Cayton said evidence sub
mitted by union spokesmen at hear
ings some time ago had satisfied him
that the union had accomplished
much in behalf of company en-
ployes. Among these accomplish
ments he listed:
l. A general pay increase of $323,-
900 per year distributed among the
entire personnel-the first general
pay increase in recent years.
2. A 5-day, 40-hour week.
3. New, higher and more equitable
overtime pay.
4. Uniform system of vacations
and sick leave.
.. Absolute recognition of seniority
rights.
6. New safety measures.
7. An improved plan for dealing
with grievances.
Everett j. Boothby, vice president
and general manager of the gas
company and it's chief witness at
the hearings, did not dispute that
the union had been largely re-
.sponsible for improved conditions as
to classification, but contended that
"in the normal course of develop
ment many of these changes in
Classification might have been made
and probably would have been made,
regardless" He said further his
recollection was that basically the
company had been on a 40-hour
week to great extent prior to the
activities of the union, but he ad-
mitted that the seniority rule had
not been particularly uniform.
Opposed Closed Shop.
Mr.. Boothby said the company was
opposed to a closed shop because
basic Americanism should provide
a free choice to the individual
worker, that the employees who do
not belong to the union enjoy the
same status within the firm as those
who do; that the company does not
want to be put in the position of
having to discharge employees merely
because they decline to join the
union; that the company might be
restricted in its right to hire men
with qualifications and training,
that the company would be at the
mercy of the union in determining
who should work for it, and that, in
view of the company's obligation as
public utility, it should be left free
from the limitations of closed shop
agreement.
Judge Cayton said that in fairness
to the company, ''it should be stated
mat in the past three years or so,
there has been manifested an awak-
ened sense of responsibility toward
lts employees with regard to pay,
working conditions and general
status"
Although the company did not
challenge the legality of the closed
snop agreement, Judge Cayton cited
Two court cases to prove that such
gan agreement is valid in law.
Inns controversy presents one of
slle oioest and most strenuously de-
oateo questions involved in the labor
movement he said, adding that in
approaching the problem he gave
first consideration to the rights and
needs of the public.
The union, of which Steward R.
Carter. jr., is president, was repre-
Sented by James F. Reill1, o,d e.,