any arbitration agreement that included the "saving clause," ,"* contending that such "saving clause" was not a part of the proposition originally submitted. While negotiations were not taken up with the Managers' Committee, these matters were handled through the Board of Mediation and Conciliation, when it became evident that the only agreement that could be reached was as hereinafter set forth, which is in substance the same as adopted by the Joint Committee, although certain repetition is omitted therefrom. The question of including the hostlers on the St. Louis & San Francisco Railroad was discussed, the Board of Mediation and Conciliation asserting that the Managers' Committee had no authority for signing an agreement for the hostlers on the St. Louis & San Francisco Railroad and calling attention to the statement made before the Joint Committee regarding this matter. At request of Brothers Stone and Carter the following letter was filed with them by the two members of the Board of Mediation and Conciliation. UNITED STATES BOARD OF MEDIATION AND CONCILIATION. Messrs, W. S. Stone and W. S. Carter. GENTLEMEN: The authority given to the Conference Committee of Managers, representing the Western Railroads, by the Receiver of the St. Louis & San Francisco R. R. contains the provision "except hostlers." All the other roads, so far as we are aware, gave authority to the Conference Committee which includes hostlers. In our conference with the Joint Committee of the Engineers and Firemen at Chicago, the question was raised by you as to what should be done on account of this lack of authority to represent the hostlers on this particular road. We then stated that in our opinion the Conference Committee could not bind that railroad in respect of this class of employes and that the matter of their compensation should be reached in another way. We thereupon informed the Committee that we would acquaint the Receiver of that road and the Federal Judge by whom he was appointed or under whom he is acting with the great embarrassment which arose because of this limitation upon the Conference Committee's authority, since the Joint Committee of employes made a condition of any plan of settlement that the hostlers on that road should receive whatever benefits were awarded in arbitration to the hostlers on the other roads parties to the proceeding, and that we would go to the extent of our influence and persuasion to induce the Judge in control of the Receiver to give assurance or direction that whatever award was made in the arbitration proceeding then under discussion to the hostlers of other roads parties to the controversy would be provided or allowed to the hostlers on this road, and we write this to assure you that our promise to the Joint Committee will be faithfully kept and that we will do everything in our power to bring about this arrange ment. Members of the United States Board of Mediation and Conciliation. Correspondence Between President Wilson and Managers' Committee. The following correspondence, presumed to have passed between President Wilson and the Managers' Committee, was pubished in the Washington papers and is herewith reproduced for the information of those concerned, as follows: MY DEAR SIR: THE WHITE HOUSE. Washington, August 2, 1914. I greatly appreciated the opportunity to confer yesterday with you and the Committee of Managers associated with you, and with the representatives of the engineers and firemen empoyed on the Western roads; and was very much gratified indeed by the frank spirit of co-operation with which I was met. I am sure that you appreciated the extreme gravity of the situation into which the country and your roads would be plunged if the strike now threatened should unhappily occur. In view of world-wide conditions, unparalled in recent history, which have arisen within the last few days, it is obvious that the suspension of business on roads serving more than half the territory of the United States would be a calamity of incalculable magnitude. The situation has reached a crisis which hardly permits a full consideration of the merits of the controversy, and I feel that in the circumstances I can appeal with confidence to your patriotism and to your regard for the public welfare to make whatever sacrifice is necessary to avert a national disaster. The mediators under the Newlands law were impelled to propose a certain plan of arbitration because they were fully convinced, as I am also convinced, that under existing conditions no other peaceful solution of the *The especial attention of our readers is directed to Article 12 in the arbitration agreement, (page 357) which constitutes the "saving clause" that protects engineers, firemen and hostlers against loss. dispute is possible. For these reasons, I very earnestly urge your acceptance of that plan, even though you may regard it as in some respects unfair to the interests you represent; and I am certain that in so doing you will perform an invaluable public service which will be everywhere applauded and deeply appreciated. Very sincerely yours, Mr. A. W. Trenholm, Chairman, Conference Committee of Managers. To the President's letter Mr. Trenholm replied as follows: DEAR MR. PRESIDENT: WOODROW WILSON. Washington, D. C., August 3, 1914. Our committee has been fully impressed with the grave public considerations that you so strongly urge upon us in our conference of Saturday with you and again in your letter delivered to us last night. Under any ordinary circumstances we should feel that our plain duty to the interests committed to our charge would not merely justify but would require us to insist upon a plan of arbitration that would recognize our right to be heard upon claims regularly presented on our behalf. But we also appreciate keenly, as you have pointed out, that an unparalleled condition has arisen which hardly permits a full consideration of the merits of our case, and which constrains you to ask us to waive any discussion of merits and accept the plan of arbitration proposed by the Mediators which you feel convinced offers under the existing circumstances the only possible way of averting a disastrous strike upon all the railroads of the western half of the United States. In view, therefore, of the situation as you have presented it, and of your appeal to our patriotism and to our regard for the public welfare, we beg to express to you herewith our acceptance of the plan of arbitration proposed. The President, The White House. Respectfully, A. W. TRENHOLM, Chairman, Conference Committee of Managers. Arbitration Agreement. The arbitration agreement which was signed at Washington, D. C., is as follows: This Agreement, made and entered into this third day of August, 1914, between certain Western Railroads, so-called, a list of which is hereto annexed, marked "Exhibit A" and made a part hereof, and which railroads are represented by a Conference Committee of Managers, of which Mr. A. W. Trenholm is Chairman, parties of the first part, and the Brotherhood of Locomotive Engineers and the Brotherhood of Locomotive Firemen and Enginemen, representing the engineers, firemen and hostlers in the service of said rairoads, parties of the second part, Witnesseth: (1) The parties hereto mutually agree that the matters in controversy between them, as hereinafter stated, shall be and are hereby submitted to Arbitration under the provisions of an Act of Congress, approved July 15, 1913, entitled "An Act providing for mediation, conciliation and arbitration in controversies between certain employers and their empoyes." (2) That there shall be a Board of Arbitration consisting of six (6) members, to be named and selected as provided in said Act. (3) That the questions to be submitted to said Board for decision, and the only questions, are those enumerated and set forth in the communication from said Brotherhoods to the Chairman of the Association of Western Railways under date of October 10, 1913, a copy of which, marked "Exhibit B," is hereto annexed and made a part hereof. (4) That a majority of said Board shall be competent to make a valid and binding award. (5) That said Board shall commence its hearings, which shall be held in the City of Chicago, within thirty days after the appointment of the arbitrator or arbitrators necessary to complete the Board as above to be constituted. (6) That said Board shall make and file its award within ninety days from the beginning of its hearings. (7) That the award made by said Board shall become effective at the expiration of ten days after the making and filing of same, and shall continue in force for one year from that date, and thereafter subject to the usual thirty days notice to or by any of said Railroads; but such notice may be given before the expiration of said year. (8) That the respective parties hereto, and each of them, will accept the award of said Board and faithfully execute the same. (9) -That the award and the papers and proceedings, including the testimony relating thereto, certified under the hands of the arbitrators, and which shall have the force and effect of a bill of exceptions, shall be filed in the Clerk's office of the District Court of the United States for the Northern District of Illinois, Eastern Division, and shall be final and conclusive upon the parties hereto unless set aside for error of law apparent on the record. (10) That any difference arising as to the meaning or the application of the award made by said Board shall be referred back to the Board for a ruling thereon, which ruling shall have the same force and effect as the original award; and both parties, at the request of either of them, hereby agree to join in giving notice for reconvening said Board and of the question or questions to be submitted to the reconvened Board. If any member of said Board, is unable or unwilling to serve another arbitrator shall be named in the same manner as such member was originally named. And to promote a speedy determination of any differences arising over the meaning or application of said award, the parties of the first part hereby appoint the Chairman of the Association of Western Railways for the time being as their agent and attorney, and the agent and attorney of each of them, to join in a notice to the Board of Mediation and Conciliation for the reconvening of said Board of Arbitration, and to state in such notice the question or questions to be submitted to the reconvened Board; and the parties of the second part hereby appoint the Grand Chief of the Brotherhood of Locomotive Engineers for the time being as the agent and attorney of each of them for the like purpose. (11) That the schedules, rates, rules and practices relating to wages in effect October 10, 1913, with the amendments thereto and accepted rulings thereon, are hereby restored and are to remain in full force and effect until the end of the period covered by the award, except as modified by the award, and thereafter until changed as provided in the individual schedules. (12) That any rates of pay, including excess mileage or arbitrary differentials, that are higher, or any rules or conditions of employment contained in individual schedules in effect October 10, 1913, that are more favorable to the employes than the award of said Board, shall not be modified or affected by said award. In Witness Whereof this agreement has been signed on behalf of the parties of the first part by the Chairman of the Conference Committee of Managers above named, duly authorized thereto, and on behalf of the parties of the second part by W. S. Stone, Grand Chief of the Brotherhood of Locomotive Engineers, and W. S. Carter, President of the Brotherhood of Locomotive Firemen and Enginemen, the day and year first above written. A. W. TRENHOLM, Chairman, Conference Committee of Managers. Grand Chief, Brotherhood of Locomotive Engineers. President, Brotherhood of Locomotive Firemen and Enginemen. District of Columbia, ss.: On this third day of August, 1914, before me personally appeared A. W. Trenholm, W. S. Stone and W. S. Carter, to me personally known to be the persons described in, and who executed the foregoing instrument, and severally acknowledged the execution thereof. MARTIN A. KNAPP, Member United States Board of Mediation and Conciliation. "EXHIBIT A." LIST OF ROADS REPRESENTED. (As this list of roads was published in our August issue its republication here is unnecessary.) "EXHIBIT B." Chicago, Ill., Oct. 10, 1913. Mr. Scott Tinsman, Chairman, The Association of Western Railways, The locomotive engineers, firemen, and hostlers employed on the roads named on the enclosed list have instructed us to present to you the enclosed revision of the present schedules of wages and working conditions of locomotive engineers, firemen, and hostlers operating steam or other motive power. We ask that you take this matter up with each of the roads named, and ask them to join with all other railway managements in the western territory in delegating to a Conference Committee of Managers authority to represent their respective roads in the conducting of joint negotiations. We desire it understood that all rates, rules, and conditions not affected by these proposed amendments shall remain unchanged, but will be subject to change through negotiations by the proper officials and committees, as in the past. We request that all lines or divisions of railway owned, leased, operated, or con trolled by the roads named in the inclosed list be included in these negotiations, and any agreement reached shall apply to all of such lines of railway. We also request the privilege of submitting the names of other roads in the western territory as fast as we hear from them. We hope all roads will accept the notice presented to them as the proper notice required for the opening of existing schedules for amendment. Yours very truly, (Signed) W. S. STONE, Grand Chief Engineer, Brotherhood of Locomotive Engineers, 1114 B. of L. E. Building, Cleveland, Ohio. (Signed) W. S. CARTER, President, Brotherhood of Locomotive Firemen and Enginemen, Peoria, Ill. ARTICLES. Submitted by the Western Association of the Brotherhood of Locomotive Engineers and the Brotherhood of Locomotive Firemen and Enginemen. Passenger Service. ARTICLE I. BASIS OF A DAY'S WORK. One hundred miles or less, five hours or less, will constitute a day's work in all classes of passenger service. All mileage in excess of 100 miles shall be paid for pro rata. All other Service Except Switching. One hundred miles or less, 10 hours or less, will constitute a day's work in all classes of service except passenger and switching service. All mileage in excess of 100 miles shall be paid for pro rata. Ten miles' run will be the equivalent of one hour's service performed, or vice versa. Passenger Service. OVERTIME IN ROAD SERVICE. Overtime in passenger service will be computed and paid for on a basis of twenty miles per hour, at rate for each class of engine used. All Other Road Service. Overtime in all other service except passenger and switching service will be computed on a basis of ten miles per hour, and paid for at the rate of 15 miles per hour, at rate for each class of engine used. All overtime will be computed on the minute basis. ARTICLE II. RATES OF PAY. Passenger Service. The rate in passenger service on locomotives other than the Mallet type weighing less than: In all classes of service except passenger and switching service on locomotives other than Mallet type weighing less than: Mallet type engines, all classes of service, except switching service, weighing less than: Pusher, Helper. Mine Runs. Work, Wreck. Belt Line. Transfer, and All Other Unclassified Service. Engineers and Firemen on Locomotives in pusher and helper service, mine runs, work, wreck, belt line and transfer service, and all other unclassified service, will be paid through freight rate according to the class of engine. Divisions where grade is 1.8 per cent. On all divisions where grade is one and eight-tenths per cent or over, an increase of ten per cent over Valley rates will be paid. Narrow Gauge Locomotives. On roads where narrow-gauge locomotives are in service, a five per cent increase over present rates in effect shall be granted. Electric Locomotives. Electric either Multiple Unit or Single. Gasoline or other Service. Wherever electric, multiple unit, gasoline or other service is installed as a substitute for steam, or is now in operation on any railroad parties to this agreement or on any of the tracks operated or controlled by any of them as part of their system, the Locomotive Engineers and Firemen shall have the right to the position of Motorman and Helper, respectively. The term "helper" will be understood to mean the second man employed on electric locomotives or other power. Seniority rights. Rules, Hours of Service and Mileage. Seniority rights to be interchangeable. Steam rules, hours of service and mileage to apply with the following rates of pay: Passenger Service. 20,000 lbs. tractive power and less.... 20,000 lbs. tractive power and less.. ARTICLE III. LOCAL OR WAY FREIGHT SERVICE. Over 20,000 lbs. tractive power and less than 25,000 lbs.. Local trains are way freight or mixed trains whose work is the loading or unloading of freight or doing station switching en route. Engineers and Firemen on such trains will be paid ten per cent increase over through freight rates. Additional Pay. Through or irregular freight trains doing work such as loading or unloading freight, stock or company material, switching at stations, spurs, mines, mills, or required to pick up or set out cars, unless cars to be picked up are first out, or cars |