CHAPTER VII

THE RISE OF DEMOCRACY

The historians of the growth of democratic government in the coal

industry generally date the establishment of collective bargaining as a

permanent institution from 1898, when the operators of the Central

Competitive Field--Western Pennsylvania, Ohio, Indiana, and Illinois--in

a joint conference with the representatives of the United Mine Workers

of America entered into an agreement which with minor modifications was

periodically renewed from that time onward. From that year to 1922

operators and miners alike recognized the agreement in the Central

Competitive Field as basic to the agreements in all other fields and the

central competitive conference as the necessary prelude to all other

conferences. But it was President Roosevelt and the Anthracite Strike

Commission which he appointed that lifted human relationships within the

industry out of the limbo of frontier strife and periodic guerrilla

warfare and stamped them with the quasi-public character of a

self-governing constitutional democracy.

From the beginning, certain of the coal owners, notably those in

sections of West Virginia and Alabama, whose coking coals make them

economically subsidiary to the steel industry, have held strongly to the

autocratic powers and privileges which the conception of property

carried over from the pre-revolutionary monarchical days when the king

was generally recognized, _Dei gratia_, as the custodian of the national

hoard. But the Roosevelt Commission took the stand which has

increasingly won public acceptance, that autocracy in industry is

incompatible with democracy in the political state, and that they must

both rise or fall together. Forms may change, but it may be taken as

axiomatic that if democracy is the law determining the evolution of

political civilization,--if it is the condition of the full development

of the individual personality and the attainment of the good life and

human brotherhood,--it will survive and grow in industry as well as in

the political realm. It is from this principle of democratic evolution,

and not from the strikes and lock-outs and barterings over wages, hours,

and profits incidental to its development, that collective bargaining

and industrial democracy derive their fundamental significance.

In appointing the Commission "at the request both of the operators and

of the miners," President Roosevelt asked them not only to pass upon the

questions in controversy, but also "to establish the relations between

the employers and the wage workers in the anthracite fields on a just

and permanent basis."

In arbitrating the immediate questions in dispute,--questions of wages,

hours, and working conditions,--the Commission, even after months of

hearings at which hundreds of witnesses appeared, found themselves in

the usual predicament of arbitrators and the lay public in such

circumstances. The facts about the industry,--its capital investment,

its financial organization, its earnings and profits, the cost of living

in the district, the organization of work in the mines, the character of

the work, the skill which it required, and its attendant hazards,--had

never been scientifically determined. Then as now these essential facts

were held to lie within the sacred province of private business

enterprise and not within the legitimate scope of public inquiry and

revelation. In instance after instance, they found that statistics of

the kind presented were "rather too inexact for a satisfactory basis on

which to make precise calculations." On the demands of the miners and

the counter-demands of the operators, they were reluctantly constrained

to adopt the usual refuge of arbitration tribunals set up in an

emergency; they "split the difference." The miners, for example, asked

for a twenty per cent increase in their rate of wages; the Commission

granted them ten per cent. Other issues were not susceptible of such

definite arbitrament, but in general the Commission, striving to hold

the scales of justice even, followed the rule of fifty-fifty.

In presenting their award, the Commission, keenly aware of the almost

impossible burden which the absence of scientific knowledge with respect

to this basic industry placed upon them, declared that "all through

their investigations and deliberations the conviction had grown upon

them that if they could evoke and confirm a more genuine spirit of good

will, a more conciliatory disposition in the operators and their

employes in their relations toward one another, they would do a better

and more lasting work than any which mere rulings, however wise and

just, may accomplish." It was with this end in view that they set up a

scheme of constitutional democratic government within the industry.

Quotation is often dull, but nothing can take the place of direct

quotation in the case of a document of epoch-making importance. By way

of justifying their action the Commission declared that "in the days

when the employer had but a few employes, personal acquaintance and

direct contact of the employer and employe resulted in mutual knowledge

of the surrounding conditions and the desires of each. The development

of the employers into large corporations has rendered such personal

contact and acquaintance between the responsible employer and the

individual employe no longer possible in the old sense. The tendency

toward peace and good-fellowship which flows out of personal

acquaintance or direct contact should not, however, be lost through this

evolution of great combinations. There seems to be no medium through

which to preserve it, so natural and efficient as that of an

organization of employes governed by rules which represent the will of a

properly constituted majority of its members, and officered by members

selected for that purpose, and in whom authority to administer the rules

and affairs of the union and its members is vested."

The anthracite operators had conditioned their submission to the award

of the Commission by refusing to be drawn into a collective agreement

with the miners' national organization, the United Mine Workers of

America. The Commission got around this technicality by constituting the

anthracite district divisions of the union and the organized anthracite

operators the two houses of the anthracite parliament. The democratic

government which they set up is typical of the scheme of government

which now prevails through eighty per cent of the coal industry, and

which, while it is subject to the fluctuations characteristic of all

democratic institutions, may be taken as permanent in principle.

Again, because of its historical importance, the language of the

Commission calls for direct quotation. The Commission decreed: "That any

difficulty or disagreement arising under this award, either as to

interpretation or application, or in any way growing out of the

relations of the employers and employed, which can not be settled or

adjusted by consultation between the superintendent or manager of the

mine or mines and the miner or miners directly interested, or is of a

scope too large to be so settled or adjusted, shall be referred to a

permanent joint committee, to be called a board of conciliation, to

consist of six persons, appointed as hereinafter provided. That is to

say, if there shall be a division of the whole region into three

districts, in each of which there shall exist an organization

representing a majority of the mine workers of such district, one of

said board of conciliation shall be appointed by each of said

organizations, and three persons shall be appointed by the operators,

the operators in each of said districts appointing one person.

"The board of conciliation thus constituted shall take up and consider

any question referred to it as aforesaid, hearing both parties to the

controversy, and such evidence as may be laid before it by either party;

and any award made by a majority of such board of conciliation shall be

final and binding on all parties. If, however, the said board is unable

to decide any question submitted, or point related thereto, that

question or point shall be referred to an umpire, to be appointed, at

the request of said board, by one of the circuit judges of the third

judicial circuit of the United States, whose decision shall be final and

binding in the premises.

"The membership of said board shall at all times be kept complete,

either the operators or the miners' organizations having the right, at

any time when a controversy is not pending, to change their

representation thereon.

"At all hearings before said board the parties may be represented by

such person or persons as they may respectively select.

"No suspension of work shall take place, by lock-out or strike, pending

the adjudication of any matter so taken up for adjustment."

From the date of the Commission's award to 1919, when President Wilson

created a similar commission to avert a threatened break, the anthracite

operators and miners, who were invariably represented by the presidents

of the three district organizations of the United Mine Workers of

America, lived at peace under this constitution.

The machinery of constitutional government thus given public sanction in

the anthracite field is in its general outline and provisions typical of

the machinery which through joint conference and negotiation the

organized miners and operators have worked out throughout the greater

part of the bituminous fields. The miners act under the authority of

their national convention when it is in session and under the general

direction of their national president and executive board, acting under

laws devised by the national convention in the interval between the

national convention's biennial sessions. Within the limitations set by

the national laws of the organization, the four thousand local unions

and the twenty-seven district unions exercise a degree of local autonomy

analogous to the local autonomy of our cities, towns, counties, and

states. In fact the entire national organization is built up from the

mine committees at the individual mines, which, conjointly with the

representative of the management at the mine, are the courts of original

jurisdiction. As in the case of our states in relation to the federal

government, these local bodies reserve all authority that is not

specifically delegated to the national organization through its

constitution and the action of the national convention, the

representative national congress of the union. Unlike the President of

the United States, the president of the United Mine Workers has no power

to appoint and remove his cabinet--the National Executive Board--but

through his power over the national organizers and the other agents of

the national office, he is in a position to control the political

machinery of the organization. By virtue of its form of organization,

the miners' union has the virtues as well as the defects of our American

political organization, defects which are the price of self-government

and the educative processes of self-government.

Because of the compact nature of the anthracite field and its domination

by a small group of railroads, the operators of this field have acted in

concert for many decades. But until 1917, the coal owners of the country

had no national organization. In that year, for the purposes of

negotiation with the federal government relative to the controlled

production and price of bituminous coal, they organized the National

Coal Association. Unlike the miners' national organization, this

Association is not by its certificate of incorporation explicitly

concerned with the wage contract or industrial relations as such. Its

primary object is the "encouragement and fostering of the general

welfare of the coal-mining industry" as a business enterprise. It is,

however, acquiring many of the functions of the miners' union. In recent

controversies it has actively assisted the local operators' associations

in their dealings with their organized employes. And like the miners'

national organization it actively concerns itself with the protection

and advancement of the interests of its members in Congress and the

state legislatures. But the immense extent of the bituminous coal fields

and the highly competitive character of the industry, which has been

artificially maintained by the Sherman law, has prevented the compact

organization of the bituminous operators and has limited concerted

action, especially in matters affecting the labor contract, almost

entirely to local, state, and district associations. It is upon the

miners' organization that the operators largely rely to equalize

competitive conditions. For wages constitute the largest single item of

cost in coal production and it is only through the ability of the

miners' union to negotiate on a nation-wide basis that this burden can

be equalized for the thousands of competing operators.

The inability of the operators to achieve a national organization has

not only contributed to the overdevelopment of the industry with

consequences that became critically manifest during the war, but has

also greatly complicated the struggle of the miners to establish

collective negotiation and agreement on a national scale. In Illinois,

for example, there are three operators' associations which have been

organized to deal with labor. The oldest of these is the Illinois Coal

Operators' Association formed in 1897. During a wage controversy in 1910

the operators of the fifth and ninth Illinois districts broke away from

the parent body and formed an association of their own. In 1914, the

operators of the Springfield district organized the independent Central

Illinois Coal Operators' Association. Diversity of mining conditions in

the various sections of the Illinois coal field and the inability of the

operators to equalize competitive costs without the help of the miners

were responsible for these secessions. One of the objects enumerated in

the constitution of the Central Illinois Coal Operators' Association is

"to protect the interest of the members of this association in the

making of district, state, and interstate contracts with the United Mine

Workers, to the end that such members shall obtain scales, rates,

prices, conditions, and _such differentials_ from the basic rates as the

relative physical and other working conditions of the mines owned by

them entitle them to." An identical clause appears in the constitution

of the Coal Operators' Association of the fifth and ninth districts of

Illinois. In 1910 the operators in these two districts were paying seven

cents a ton more than other members of the parent association. They

seceded and entered into a separate agreement with the union in the hope

that the union would be able to abolish this unfavorable differential.

The union succeeded only in reducing the differential to four cents.

While these three associations compete with one another for terms with

the miners' union within their own state, they cooperate in their common

effort to secure from the miners terms that will place them at a

competitive advantage as against operators in other states. This rivalry

among the operators makes the diplomatic problem of the union's national

officers a very difficult one and when groups of operators, like those

in certain counties of West Virginia and Alabama, refuse to deal with

the union at all and impose cut-rate wage scales upon their unorganized

employes as a basis for cutting the price of coal in the limited market,

the industry is thrown into confusion bordering upon anarchy. The

operators in the organized fields hold the union responsible for its

failure to organize the anti-union fields and so to equalize competitive

conditions. Many of them decide that their only remedy is to break with

the union and through individual bargaining with their employes when

the labor market is overstocked force down wages and working conditions

to the level of the anti-union fields. The organized miners are thus

compelled to fight for their organization and the maintenance of their

dearly won standard of living. Strikes and lockouts temporarily take the

place of the orderly processes of joint negotiation, conciliation, and

collective agreement as in the spring of 1922.

The processes of conflict and cooperation through which government in

industry, as in the state, evolves, are as truly cosmic processes as

those through which the coal measures themselves were created, with the

humanly significant difference that the processes of social evolution

are, within certain limits, controllable by the will of man. The policy

of democratic peoples and therefore of their governments is to allow the

maximum freedom of development to government within industry compatible

with the comfort and economic security of the community as a whole.

Where the security of the community is threatened, the government tends

to intervene as President Roosevelt did in the case of the anthracite

controversy. And while the traditional bias of government and the

law,--the bias which they inherited from the feudal society which

existed when the industrial revolution began,--favors the owners of

property to which a special sanctity still adheres, public opinion among

peoples devoted to democracy in the political state increasingly tends

to assert itself in favor of democracy in industry, and more especially

such basic industries as the railroads and coal. It is for this reason

that it is logical to assume that the point of view toward collective

bargaining, expressed by President Roosevelt's Commission and

incorporated into the social creeds of most of the Christian

denominations, will ultimately prevail. And since collective bargaining

and the orderly processes of government initiated by the joint labor

contracts are the historical foundations of democracy in industry, it is

also reasonable to infer that collective bargaining will increasingly

become the rule in industrial relations.

But there are large issues of momentous public concern which do not come

within the scope of collective bargaining. Rule 15 in the standard

agreement between the operators and the miners in the bituminous fields

of central Pennsylvania specifically forbids the miners to concern

themselves in any way with the problems of management and the technical

equipment and organization of the mines. Because of the great abundance

of coal, the industry had been developed by overexpansion and wasteful

skimming rather than by the application of scientific methods to the

mining of the best coal and its efficient utilization. Not only is one

ton of coal left irrecoverably underground for every ton brought to the

surface, but less than one-half of the economic value of coal is

utilized by our primitive methods of consumption. In a time when it is

possible to transform coal into gas and electricity at the mine and

transport its fuel and power cheaply by pipe and wire, thirty per cent

of our entire coal production is used for transportation by steam

engines that harness up only from nine to twelve per cent of the energy

in a ton of coal in a way that will actually pull a train--and a third

of all the freight tonnage carried by the railroads is coal. Moreover

our modern chemical industries, such as the dye industry, are based upon

the substances contained in bituminous coal, most of which are wasted in

our customary methods of consumption. These facts impose an immense

burden of needless cost upon the consumer, and draw into the

overexpanded coal industry tens of thousands of miners in excess of

efficient requirements. The owners are therefore subject to wide

fluctuations in the price of their product, the miners are the victims

of intermittent and irregular employment with consequent uncertainty of

earnings, and the public ultimately foots the bill, which, as has

already been pointed out, Mr. F. G. Tryon of the U. S. Geological Survey

calculates at one million dollars for each working day paid in

unofficial and needless taxation, and the miners, by the terms of the

collective agreement are explicitly debarred from all participation in

the solution of these problems of management.

As a remedy, bituminous operators have proposed that they shall be

relieved of the restrictions of the Sherman law, so that they may

combine to limit production and regulate distribution and prices as the

anthracite owners have succeeded in doing. The miners, by resolution of

their national convention, have proposed a policy of public ownership

and democratic administration, the entrusting of the technical

regulation and development of the mines to engineers appointed by the

government and the administration of labor relations by a democratic

tribunal composed of representatives of the technical management, the

public, and the miners. The effectiveness of either policy would be

contingent upon the application to the mines and their product of the

scientific knowledge which has been rapidly accumulating during the last

decade and very little of which is now applied to the industry. The

character of the political reconstruction of the industry, which public

necessity must sooner or later compel, will be largely determined by the

outcome of the impending technical revolution in the production and

utilization of coal.

The Coming of Coal · 第 7 / 10 章