Fourth. The scale of prices for mining per ton of 2,000 pounds runof-mine coal herein provided for, is understood in every case to be for coal free from slate, bone, and other impurities, loaded in cars at the face, weighed before screening; and that the practice of pushing coal by the miners shall be prohibited.

Fifth. (a) Whether the coal is shot after being undercut or sheared by pick or machine, or shot without undercutting or shearing, the miners must drill and blast the coal in accordance with the State mining law of Illinois, in order to protect the roof and timbers in the interest of general safety. If it can be shown that any miner persistently violates the letter or spirit of this clause, he shall be discharged. (b) The system of paying for coal before screening was intended to obviate the many contentions incident to the use of screens, and was not intended to encourage unworkmanlike methods of mining and blasting coal, or to decrease the proportion of screened lump, and the operators are hereby guaranteed the hearty support and cooperation of the United Mine Workers of America in disciplining any miner who from ignorance or carelessness or other cause fails to properly mine, shoot, and load his coal.

Sixth. In case slate, bone, clay, sulphur, or other impurities are sent up with the coal by the miner, it shall be the duty of whomever the company shall designate as inspector to report the same, with the estimated weight thereof, and the miner or miners so offending shall have such weight deducted from the established weight of the car, and for the first offense in any given month shall be fined 50 cents; for the second offense in the same month he or they shall, at the option of the operator, be fined $2 or suspended for two working days; and for the third or any subsequent offense in the same month, or in malicious or aggravated cases for the first or any subsequent offense, the operator may indefinitely suspend or discharge.

The company weighman shall post in a conspicuous place at the pit head the names of all miners dealt with hereunder.

The inspector designated by the operator shall be a member of the United Mine Workers of America, but in the discharge of the duties herein specified shall not be subject to the jurisdiction of the local union or president or piț committee, and against any miner or committeeman seeking in any way to embarrass the inspector in or because of the discharge of such duties the provisions of the miners' State constitution shall be invoked and in addition he shall, at the option of the operator, be suspended for two working days.

In case it shall be alleged by either the local representatives of the miners or by the operator that the inspector is not properly performing his duties hereunder, it shall be so reported to the miners' subdistrict president, who shall, within forty-eight hours after the receipt of notification, take it up with the superintendent of the company for

adjudication; and, if it shall be found that the inspector is not faithfully performing such duties, he shall be discharged or transferred to other duties, as the operator may elect.

The proceeds of all fines hereunder shall be paid to the miners' subdistrict secretary-treasurer, and under no circumstances shall any such fine be remitted or refunded.

Seventh. The miners of the State of Illinois are to be paid twice a month, the dates of pay to be determined locally, but in no event shall more than one-half month's pay be retained by the operator. When any number of men at any mine so demand, statements will be issued to all employees not less than twenty-four hours prior to pay day. No commissions will be charged for money advanced between pay days, but any advance between pay days shall be at the option of the operator.

Eighth. The price for powder per keg shall be $1.75-the miners agree to purchase their powder from the operators, provided it is furnished of standard grade and quality; that to be determined by the operators and expert miners jointly, where there is a difference.

Ninth. The price for blacksmithing for pick mining shall be sixtenths of a cent per ton for room and pillar work, and 12 cents per pay per man, or 25 cents per month for long wall for pick and drill sharpening.

Tenth. It is understood that there is no agreement as to the price of oil.

Eleventh. The inside day-wage scale authorized by the present agreements, i. e., the Columbus scale of 1898, plus an advance of 20 per cent, shall be the scale under this agreement; but in no case shall less than $2.10 be paid for drivers.

Twelfth. The above scale of mining prices is based upon an eighthour workday, and it is definitely understood that this shall mean eight hours' work at the face, exclusive of noon time, six days a week, or forty-eight hours in the week, provided the operator desires the mine to work, and no local ruling shall in any way affect this agreement or impose conditions affecting the same.

Any class of day labor may be paid, at the option of the operator, for the number of hours and fractions thereof actually worked, at an hour rate based on one-eighth of the scale rate per day: Provided, however, That when the men go into the mine in the morning they shall be entitled to two hours' pay whether the mine hoists coal two hours or not, except in the event that they voluntarily leave their work during this time without the consent of the operator they shall forfeit such two hours' pay: Provided, further, That overtime by day laborers, when necessary to supply railroad chutes with coal by night or Sunday, where no regular men therefor are exclusively

employed, or when necessary in order not to impede the operation of the mine the day following, and for work which can not be performed or completed by the regular shift during regular hours without impeding the operation of the mine, may be performed and paid for at the same rate per hour.

Thirteenth. (a) The duties of the pit committee shall be confined to the adjustment of disputes between the pit boss and any of the members of the United Mine Workers of America working in and around the mine, for whom a scale is made, arising out of this agreement of any subdistrict argeement made in connection herewith, where the pit boss and said miner or mine laborers have failed to agree.

(b) In case of any local trouble arising at any shaft through such failure to agree between the pit boss and any miner or mine laborer, the pit committee and the miners' local president and the pit boss are empowered to adjust it; and in the case of their disagreement it shall be referred to the superintendent of the company and the president of the miners' local executive board, where such exists, and shall they fail to adjust it and in all other cases-it shall be referred to the superintendent of the company and the miners' president of the subdistrict; and, should they fail to adjust it, it shall be referred in writing to the officials of the company concerned and the State officials of the United Mine Workers of America for adjustment; and in all such cases, the miners and mine laborers and parties involved must continue at work, pending an investigation and adjustment, until a final decision is reached in the manner above set forth.

(c) If any day men refuse to continue at work because of a grievance which has or has not been taken up for adjustment in the manner provided herein, and such action shall seem likely to impede the operation of the mine, the pit committee shall immediately furnish a man or men to take such vacant place or places at the scale rate, in order that the mine may continue at work; and it shall be the duty of any member or members of the United Mine Workers, who may be called upon by the pit boss or pit committee, to immediately take the place or places assigned to him or them in pursuance hereof.

(d) The pit committee, in the discharge of its duties, shall under no circumstances go around the mine for any cause whatever, unless called upon by the pit boss or by a miner or company man who may have a grievance that he can not settle with the boss; and, as its duties are confined to the adjustment of any such grievances, it is understood that its members shall not draw any compensation except while actively engaged in the discharge of said duties. Any pit committeeman who shall attempt to execute any local rule or proceeding in conflict with any provision of this contract, or any other made in pursuance hereof, shall be forthwith deposed as committeeman. The foregoing

9491 No. 43—02—6

shall not be construed to prohibit the pit committee from looking after the matter of membership dues and initiations in any proper

manner.

(e) Members of the pit committee employed as day men shall not leave their places of duty during working hours, except by permission of the operator, or in cases involving the stoppage of the mine.

(f) The right to hire and discharge, the management of the mine, and the direction of the working force are vested exclusively in the operator, and the United Mine Workers of America shall not abridge this right. It is not the intention of this provision to encourage the discharge of employees, or the refusal of employment to applicants because of personal prejudice or activity in matters affecting the United Mine Workers of America. If any employee shall be suspended or discharged by the company and it is claimed that an injustice has been done him, an investigation to be conducted by the parties and in the manner set forth in paragraphs (a) and (b) of this section shall be taken up promptly, and, if it is proven that an injustice has been done, the operator shall reinstate said employee and pay him full compensation for the time he has been suspended and out of employment: Provided, If no decision shall be rendered within five days, the case shall be considered closed in so far as compensation is concerned. Fourteenth. The wages now being paid outside day labor at the various mines in this State shall constitute the wage scale for that class of labor during the life of this agreement: Provided, That no top man shall receive less than $1.80 per day.

Fifteenth. In the event of an instantaneous death by accident in the mine, the miners and underground employees shall have the privilege of discontinuing work for the remainder of that day, but work, at the option of the operator, shall be resumed the day following, and continue thereafter. In case the operator elects to operate the mine on the day of the funeral of the deceased, as above, or where death has resulted from an accident in the mine, individual miners and underground employees may, at their option, absent themselves from work for the purpose of attending such funeral, but not otherwise. And in the event that the operator shall elect to operate the mine on the day of such funeral, then from the proceeds of such day's operation each member of the United Mine Workers of America employed at the mine at which the deceased member was employed shall contribute 50 cents and the operator $25 for the benefit of the family of the deceased or his legal representatives, to be collected through the office of the company. Except in case of fatal accidents, as above, the mine shall in no case be thrown idle because of any death or funeral; but in the case of the death of any employee of the company or member of his family, any individual miner may, at his option, absent himself from work for the sake of attending such funeral, but not otherwise.

Sixteenth. (a) The scale of prices herein provided shall include, in ordinary conditions, the work required to load coal and properly timber the working places in the mine, and the operator shall be required to furnish the necessary props and timber in rooms or working face. And in long wall mines it shall include the proper mining of the coal and the brushing and care of the working places and roadway according to the present method and rules relating thereto, which shall continue unchanged.

(b) If any miner shall fail to properly timber, shoot, and care for his working place, and such failure has entailed falls of slate, rock, and the like, the miner whose fault has occasioned such damage shall repair the same without compensation, and if such miner fails to repair such damage he may be discharged.

Any dispute that may arise as to the responsibility under this clause shall be adjusted by the pit committee and mine foreman, and in case of their failure to agree, shall be taken up for settlement under the thirteenth section of this agreement.

In cases where the mine manager directs the placing of crossbars to permanently secure the roadway, then, and in such cases only, the miner shall be paid at the current price for each crossbar when properly set.

The above does not contemplate any change from the ordinary method of timbering by the miner for his own safety.

Seventeenth. The operators will recognize the pit committee in the discharge of its duties as herein specified, but not otherwise, and agree to check off union dues, assessments, and fines from the miners and mine laborers, when desired, on proper individual or collective continuous order, and furnish to the miners' representative a statement showing separately the total amount of dues, assessments, and fines collected. When such collections are made card days shall be abolished. In case any fine is imposed, the propriety of which is questioned, the amount of such fine shall be withheld by the operator until the question has been taken up for adjustment and a decision has been reached.

Eighteenth. The operators shall have the right in cases of emergency work or ordinary repairs to the plant to employ in connection therewith such men as in their judgment are best acquainted with and suited to the work to be performed, except where men are permanently employed for such work. Blacksmiths and other skilled labor shall make any necessary repairs to machinery and boilers.

Nineteenth. The erection of head frames, buildings, scales, machinery, railroad switches, etc., necessary for the completion of a plant to hoist coal, all being in the nature of construction work, are to be excluded from the jurisdiction of the United Mine Workers of America.

Extensive repairs to or rebuilding the same class of work shall