Evening star. [volume] (Washington, D.C.) 1854-1972, 1963-07-21
;FACTUAL BACKGROUND


This dispute involves vir-
tually all the Nations major
railroads and the five railroad
operating brotherhoods. These
five unions-the Brotherhood
OF Locomotive Engineers, the
Brotherhood of Locomotive
Fhemen and Enginemen, the
Order Of Railway Conductors
and Brakemen, the Brother
hood Of Railroad Trainmen,
and the Switchmen's Union OF
North America-represent ap-
proximately 100000 train and
engine service employees, or
about ~ per cent Of the rail-
road workers in the United
States.
The work rules and pay
structure at issue have evolved
over almost 100 years Of rail-
road operation and collective
bargaining. Both the carriers
and the brotherhoods recog-
nize a present need to mod
ernie their assignment rules
and methods Of compensation,
They differ sharply, however,
as to which rules should be re-
vised and the manner and tim
ingi by which changes should
be made.
The present dispute had its
formal beginning on Novem-
beri 2. 1859, when the carriers
served notices of proposed
changes on the brotherhoods.
Substantial notifications were
sought in many existing work
rules and in the pay structure
controlling the compensation
Of workers engaged in passen-
gers freight and yard service.
Conferences on individual
roads produced no agreement
and, in June, 1860, it was de-
cided to handle the notices on
a national basis. In September,
the brotherhoods served notices
on the railroads Of proposed
rules changes. Shortly there
after, both parties, under the
auspices Of then Secretary Of
Labor James P. Mitchell, agreed
that the magnitude Of their
respective demands was such
that a special study commits
sionsion should be created. BY
executive order on November /,
1860, President Eisenhower ap-
pointed a presidential railroad
commission of is members
composed Of an equal number
of public. railroad, and brother
hood representatives.
For Is months, from Janu-
airy, 1861. through February,
1862, the commission con-
Quoted extensive hearings and
detailed studies, and formu-
lated It's recommendations. The
report, submitted February 20,
1869. for the most part rejected
the carriers demands for uni
lateral discretion over work as
signments but recommended re-
Taxation Of the restrictions and
requirements imposed by many
existing rules and practices. A
major revision of the pay
structure was also recon-
mended.
The carriers accepted the
commissions recommendations.
The brotherhoods rejected most
Of them as unsatisfactory. Fol-
lowing unsuccessful negotiation
and mediation the carriers
announced on July II. 1862,
their intention to put into
effect on August l6 new rules
based upon recommendations
of the commission.
A period of litigation fol-
lowed, during which the carriers
were restrained from putting
into effect any rule changes.
After the Supreme Court de-
termination % that the parties
were free to exercise self-help,
the carriers again announced
that rules changes would be
put into effect. and a Nation
wide rail tie-up becam e
imminent. The President, act
ing pursuant to the Railway
Labor Act. established on April
3. 1858. q public road (Emer-
gency Board No. l54) TO make
recommendations for the res
olution Of the dispute. Neither
Its recommendations, nor those
OF the previously established
presidential railroad commits
sion, we're TO be binding upon
the, parties.
Following efforts TO mediate
the dispute, the board issued
It's report on May 10, 1868. 1t
recommended a series OF guide
lines and procedures designed
TO assist the parties In estab-
fishing the groundwork for
constructive bargaining. The
carriers accepted the recon-