The potters herald. [volume] (East Liverpool, Ohio) 1899-1982, 1948-07-15

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It is agreed that the only place
where the Officers salaries were
set forth were in the Financial Re-
ports one copy of which was given
TO each Local Union.
CONVENTIONS OF THE
PARTIES:
The Plaintiffs contend that the
Convention of 1914 was without
authority to strike out the last
four lines of SIS because it was
taking away without referendum a
safeguard to the members of the
trade and because there was no
mention Of such proposal in the
Program Of Resolutions for said
51st Convention and that there
fore such Resolution was unauth-
orized, invalid and Of no effect.
They further contend that the
increase in salaries was invalid be-
cause it was never submitted to
the trade and because it was pre-
sented in year when a wage con-
ference was held.
In this respect President Duffy
testified that "off year referred
to the year when there was no
wage conference, that wage con-
ferences were held in even num-
bered years and therefore "off"
year would be odd numbered years.
Defendants Exhibits 81" and
"8" show that a wage scale was
adopted in 1912 and Plaintiffs Ex-
hibits "Y" 81" and "AA" show that
a wage conference was held in
1914 and Plaintiffs Exhibit "S"
sets forth that said agreement was
entered into on December Is, 1914,
that it continued with certain mod
ifications the agreement Of 1912
and was to remain in force until
October /, 1916. These Exhibits
show conclusively that 1914 was
not an "off" year.
Plaintiffs also contend that the
repeal of part of SIS was invalid
because no mention of it was made
in the Program Of Resolutions in
accordance with S21. Plaintiffs
therefore contend that the salary
increases voted in the Convention
of 1914 were totally invalid.
Plaintiffs also contend that since
the hourly wage increases of 1872
cents, 8Iz cents and 6 cents grant
ed to the trade were granted to
each member regardless of his
wage, there was no reason to in
terpret such increase as a percent
age increase and that the officers
were wholly without authority to
do so. Plaintiffs admit that the of
ficers did have a right to set the
number of hours they worked to
which said increases would apply.
Plaintiffs therefore contend that
the officers should be returned to
the salaries they drew prior to the
Convention of 1914 plus the 1872
cent, 81l cent and 6 cent hourly IN
creases multiplied by so hours per
week, and that they should be re-
ouired to make restitution of all
moneys paid them in excess of that
amount.
Defendants contend that by vir-
tue of So the Convention had the
absolute power and authority to
make or repeal any law including
SIS; and that having repealed the
last four lines of SIS prior to the
resolution increasing their wages
there was no longer any provision
recurring said increase to be sub
mitted to the trade; and that the
subsequent action of the trade on
the referendum restoring S75
would have no application to the
salary increase made before said
restoration.
The Defendants further contend
that by virtue of s277 of the Con-
stitution of 1916 they had a perfect
right to interpret the hourly wage
increase as a percentage raise so
far as they were concerned, and
that no one has the right to ques-
tion them.
OPINION
The Plaintiffs, having prayed
g. ~ ;pi,1pot inp thic case lS