There has been an enormous expansion in the demands of the unions since the early days of the Philadelphia cordwainers; yet these demands involve the same fundamental issues regarding hours, wages, and the closed shop. Most unions, when all persiflage is set aside, are primarily organized for business--the business of looking after their own interests. Their treasury is a war chest rather than an insurance fund. As a benevolent organization, the American union is far behind the British union with its highly developed Friendly Societies.
The establishment of a standard rate of wages is perhaps, as the United States Industrial Commission reported in 1901, "the primary object of trade union policy." The most promising method of adjusting the wage contract is by the collective trade agreement. The mechanism of the union has made possible collective bargaining, and in numerous trades wages and other conditions are now adjusted by this method. One of the earliest of these agreements was effected by the Iron Molders' Union in 1891 and has been annually renewed. The coal operatives, too, for a number of years have signed a wage agreement with their miners, and the many local difficulties and differences have been ingeniously and successfully met. The great railr have, likewise, for many years made periodical contracts with the railway Brotherhoods. The glove-makers, cigar-makers, and, in many localities, workers in the building trades and on street-railway systems have the advantage of similar collective agreements. In 1900 the American Newspaper Publishers Association and the International Typographical Union, after many years of stubborn fighting merged their numerous differences in a trade contract to be in effect for one year. This experiment proved so successful that the agreement has since then been renewed for five year periods. In 1915 a bitter strike of the garment makers in New York City was ended by a "protocol." The principle of collective agreement has become so prevalent that the Massachusetts Bureau of Labor believes that it "is being accepted with increasing favor by both employers and employees," and John Mitchell, speaking from wide experience and an intimate knowledge of conditions, says that "the hope of future peace in the industrial world lies in the trade agreement." These agreements are growing in complexity, and today they embrace not only questions of wages and hours but also methods for adjusting all the differences which may arise between the parties to the bargain.
The very success of collective bargaining hinges upon the solidarity and integrity of the union which makes the bargain. A union capable of enforcing an agreement is a necessary antecedent condition to such a contract. With this fact in mind, one can believe that John Mitchell was not unduly sanguine in stating that "the tendency is toward the growth of compulsory membership ...and the time will doubtless come when this compulsion will be as general and will be considered as little of a grievance as the compulsory attendance of children at school." There are certain industries so well centralized, however, that their coercive power is greater than that of the labor union, and these have maintained a consistent hostility to the closed shop. The question of the closed shop is, indeed, the most stubborn issue confronting the union. The principle involves the employment of only union men in a shop; it means a monopoly of jobs by members of the union. The issue is as old as the unions themselves and as perplexing as human nature. As early as 1806 it was contended for by the Philadelphia cordwainers and by 1860 it had become an established union policy. While wages and hours are now, in the greater industrial fields, the subject of a collective contract, this question of union monopoly is still open, though there has been some progress towards an adjustment. Wherever the trade agreement provides for a closed shop, the union, through its proper committees and officers, assumes at least part of the responsibility of the discipline. The agreement also includes methods for arbitrating differences. The acid test of the union is its capacity to live up to this trade agreement.
For the purpose of forcing its policies upon its employers and society the unions have resorted to the strike and picketing, the boycott, and the union label. When violence occurs, it usually is the concomitant of a strike; but violence unaccompanied by a strike is sometimes used as a union weapon.
The strike is the oldest and most spectacular weapon in the hands of labor. For many years it was thought a necessary concomitant of machine industry. The strike, however, antedates machinery and was a practical method of protest long before there were unions. Men in a shop simply agreed not to work further and walked out. The earliest strike in the United States, as disclosed by the United States Department of Labor occurred in 1741 among the journeymen bakers in New York City. In 1792 the cordwainers of Philadelphia struck. By 1834 strikes were so prevalent that the New York Daily Advertiser declared them to be "all the fashion." These demonstrations were all small affairs compared with the strikes that disorganized industry after the Civil War or those that swept the country in successive waves in the late seventies, the eighties, and the nineties. The United States Bureau of Labor has tabulated the strike statistics for the twenty-five year period from 1881 to 1905. This list discloses the fact that 38,303 strikes and lockouts occurred, involving 199,954 establishments and 7,444,279 employees. About 2,000,000 other employees were thrown out of work as an indirect result. In 1894, the year of the great Pullman strike, 610,425 men were out of work at one time; and 659,792 in 1902. How much time and money these ten million wage-earners lost, and their employers lost, and society lost, can never be computed, nor how much nervous energy was wasted, good will thrown to the winds, and mutual suspicion created.
The increase of union influence is apparent, for recognition of the union has become more frequently a cause for strikes.* Moreover, while the unions were responsible for about 47 per cent of the strikes in 1881, they had originated, directly or indirectly, 75 per cent in 1905. More significant, indeed, is the fact that striking is a growing habit. In 1903, for instance, there were 3494 strikes, an average of about ten a day.
* The cause of the strikes tabulated by the Bureau of Labor is shown in the following table of percentages:
1881 1891 1901 1905 For increase of wages: 61 27 29 32 Against reduction of wages: 10 11 4 5 For reduction in hours: 3 5 7 5 Recognition of Union: 6 14 28 31
Preparedness is the watchword of the Unions in this warfare. They have generals and captains, a war chest and relief committees, as well as publicity agents and sympathy scouts whose duty it is to enlist the interest of the public. Usually the leaders of the unions are conservative and deprecate violence. But a strike by its very nature offers an opportunity to the lawless. The destruction of property and the coercion of workmen have been so prevalent in the past that, in the public mind, violence has become universally associated with strikes. Judge Jenkins, of the United States Circuit Court, declared, in a leading case, that "a strike without violence would equal the representation of Hamlet with the part of Hamlet omitted." Justice Brewer of the United States Supreme Court said that "the common rule as to strikes" is not only for the workers to quit but to "forcibly prevent others from taking their place." Historic examples involving violence of this sort are the great railway strikes of 1877, when Pittsburgh, Reading, Cincinnati, Chicago, and Buffalo were mob-ridden; the strike of the steel-workers at Homestead, Pennsylvania, in 1892; the Pullman strike of 1894, when President Cleveland sent Federal troops to Chicago; the great anthracite strike of 1902, which the Federal Commission characterized as "stained with a record of riot and bloodshed"; the civil war in the Colorado and Idaho mining regions, where the Western Federation of Miners battled with the militia and Federal troops; the dynamite outrages, perpetrated by the structural iron workers, stretching across the entire country, and reaching a dastardly climax in the dynamiting of the Los Angeles Times building on October 1, 1910, in which some twenty men were killed. The recoil from this outrage was the severest blow which organized labor has received in America. John J. McNamara, Secretary of the Structural Iron Workers' Association, and his brother James were indicted for murder. After the trial was staged and the eyes of the nation were upon it, the public was shocked and the hopes of labor unionists were shattered by the confessions of the principals. In March, 1912, a Federal Grand Jury at Indianapolis returned fifty-four indictments against officers and members of the same union for participation in dynamite outrages that had occurred during the six years in many parts of the country, with a toll of over one hundred lives and the destruction of property valued at many millions of dollars. Among those indicted was the president of the International Association of Bridge and Structural Iron Workers. Most of the defendants were sentenced to various terms in the penitentiary.
The records of this industrial warfare are replete with lesser battles where thuggery joined hands with desperation in the struggle for wages. Evidence is not wanting that local leaders have frequently incited their men to commit acts of violence in order to impress the public with their earnestness. It is not an inviting picture, this matching of the sullen violence of the mob against the sullen vigilance of the corporation. Yet such methods have not always been used, for the union has done much to systematize this guerrilla warfare. It has matched the ingenuity and the resolution of the employer, backed by his detectives and professional strike-breakers; it has perfected its organization so that the blow of a whistle or the mere uplifting of a hand can silence a great mill. Some of the notable strikes have been managed with rare skill and diplomacy. Some careful observers, indeed, are inclined to the opinion that the amount of violence that takes place in the average strike has been grossly exaggerated. They maintain that, considering the great number of strikes, the earnestness with which they are fought, the opportunity they offer to the lawless, and the vast range of territory they cover, the amount of damage to property and person is unusually small and that the public, through sensational newspaper reports of one or two acts of violence, is led to an exaggerated opinion of its prevalence.
It must be admitted, however, that the wisdom and conservatism of the national labor leaders is neutralized by their lack of authority in their particular organization. A large price is paid for the autonomy that permits the local unions to declare strikes without the sanction of the general officers. There are only a few unions, perhaps half a dozen, in which a local can be expelled for striking contrary to the wish of the national officers. In the United Mine Workers' Union, for example, the local must secure the consent of the district officers and national president, or, if these disagree, of the executive board, before it can declare a strike. The tendency to strike on the spur of the moment is much more marked among the newer unions than among the older ones, which have perfected their strike machinery through much experience and have learned the cost of hasty and unjustified action.
A less conspicuous but none the less effective weapon in the hands of labor is the boycott,* which is carried by some of the unions to a terrible perfection. It reached its greatest power in the decade between 1881 and 1891. Though it was aimed at a great variety of industries, it seemed to be peculiarly effective in the theater, hotel, restaurant, and publishing business, and in the clothing and cigar trades. For sheer arbitrary coerciveness, nothing in the armory of the union is so effective as the boycott. A flourishing business finds its trade gone overnight. Leading customers withdraw their patronage at the union's threat. The alert picket is the harbinger of ruin, and the union black list is as fraught with threat as the black hand.
* In 1880, Lord Erne, an absentee Irish landlord, sent Captain Boycott to Connemara to subdue his irate tenants. The people of the region refused to have any intercourse whatever with the agent or his family. And social and business ostracism has since been known as the boycott.
The New York Bureau of Statistics of Labor has shown that during the period of eight years between 1885 and 1892 there were 1352 boycotts in New York State alone. A sort of terrorism spread among the tradespeople of the cities. But the unions went too far. Instances of gross unfairness aroused public sympathy against the boycotters. In New York City, for instance, a Mrs. Grey operated a small bakery with nonunion help. Upon her refusal to unionize her shop at the command of the walking delegate, her customers were sent the usual boycott notice, and pickets were posted. Her delivery wagons were followed, and her customers were threatened. Grocers selling her bread were systematically boycotted. All this persecution merely aroused public sympathy for Mrs. Grey, and she found her bread becoming immensely popular. The boycotters then demanded $2500 for paying their boycott expenses. When news of this attempt at extortion was made public, it heightened the tide of sympathy, the courts took up the matter, and the boycott failed. The New York Boycotter, a journal devoted to this form of coercion, declared: "In boycotting we believe it to be legitimate to strike a man financially, socially, or politically. We believe in hitting him where it will hurt the most; we believe in remorselessly crowding him to the wall; but when he is down, instead of striking him, we would lift him up and stand him once more on his feet." When the boycott thus enlisted the aid of blackmail, it was doomed in the public esteem. Boycott indictments multiplied, and in one year in New York City alone, over one hundred leaders of such attempts at coercion were sentenced to imprisonment.
The boycott, however, was not laid aside as a necessary weapon of organized labor because it had been abused by corrupt or overzealous unionists, nor because it had been declared illegal by the courts. All the resources of the more conservative unions and of the American Federation of Labor have been enlisted to make it effective in extreme instances where the strike has failed. This application of the method can best be illustrated by the two most important cases of boycott in our history, the Buck's Stove and Range case and the Danbury Hatters' case. Both were fought through the Federal courts, with the defendants backed by the American Federation and opposed by the Anti-Boycott Association, a federation of employers.
The Buck's Stove and Range Company of St. Louis incurred the displeasure of the Metal Polishers' Union by insisting upon a ten-hour day. On August 27, 1906, at five o'clock in the afternoon, on a prearranged signal, the employees walked out. They returned to work the next morning and all were permitted to take their accustomed places except those who had given the signal. They were discharged. At five o'clock that afternoon the men put aside their work, and the following morning reappeared. Again the men who had given the signal were discharged, and the rest went to work. The union then sent notice to the foreman that the discharged men must be reinstated or that all would quit. A strike ensued which soon led to a boycott of national proportions. It spread from the local to the St. Louis Central Trades and Labor Union and to the Metal Polishers' Union. In 1907 the executive council of the American Federation of Labor officially placed the Buck's Stove and Range Company on the unfair list and gave this action wide and conspicuous circulation in The Federationist. This boycott received further impetus from the action of the Mine Workers, who in their Annual Convention resolved that the Buck's Stove and Range Company be put on the unfair list and that "any member of the United Mine Workers of America purchasing a stove of above make be fined $5.00 and failing to pay the same be expelled from the organization."
Espionage became so efficient and letters from old customers withdrawing patronage became so numerous and came from so wide a range of territory that the company found itself rapidly nearing ruin. An injunction was secured, enjoining the American Federation from blacklisting the company. The labor journals circumvented this mandate by publishing in display type the statement that "It is unlawful for the American Federation of Labor to boycott Buck's Stoves and Ranges," and then in small type adroitly recited the news of the court's decision in such a way that the reader would see at a glance that the company was under union ban. These evasions of the court's order were interpreted as contempt, and in punishment the officers of the Federation were sentenced to imprisonment: Frank Morrison for six months, John Mitchell for nine months, Samuel Gompers for twelve months. But a technicality intervened between the leaders and the cells awaiting them. The public throughout the country had followed the course of this case with mingled feelings of sympathy and disfavor, and though the boycott had never met with popular approval, on the whole the public was relieved to learn that the jail-sentences were not to be served.
The Danbury Hatters' boycott was brought on in 1903 by the attempt of the Hatters' Union to make a closed shop of a manufacturing concern in Danbury, Connecticut. The unions moved upon Danbury, flushed with two recent victories--one in Philadelphia, where an important hat factory had agreed to the closed shop after spending some $40,000 in fighting, and another at Orange, New Jersey, where a manufacturer had spent $25,000. But as the Danbury concern was determined to fight the union, in 1902 a nationwide boycott was declared. The company then brought suit against members of the union in the United States District Court. Injunction proceedings reached the Supreme Court of the United States on a demurrer, and in February, 1908, the court declared that the Sherman Anti-Trust Law forbade interstate boycotts. The case then returned to the original court for trial. Testimony was taken in many States, and after a trial lasting twelve weeks the jury assessed the damages to the plaintiff at $74,000. On account of error, the case was remanded for re-trial in 1911. At the second trial the jury gave the plaintiff a verdict for $80,000, the full amount asked. According to the law, this amount was trebled, leaving the judgment, with costs added, at $252,000. The Supreme Court having sustained the verdict, the puzzling question of how to collect it arose. As such funds as the union had were invulnerable to process, the savings bank accounts of the individual defendants were attached. The union insisted that the defendants were not taxable for accrued interest, and the United States Supreme Court, now appealed to for a third time, sustained the plaintiff's contention. In this manner $60,000 were obtained. Foreclosure proceedings were then begun against one hundred and forty homes belonging to union men in the towns of Danbury, Norwalk, and Bethel. The union boasted that this sale would prove only an incubus to the purchasers, for no one would dare occupy the houses sold under such circumstances. In the meantime the American Federation, which had financed the litigation, undertook to raise the needed sum by voluntary collection and made Gompers's birthday the occasion for a gift to the Danbury local. The Federation insisted that the houses be sold on foreclosure and that the collected money be used not as a prior settlement but as an indemnity to the individuals thus deprived of their homes. Rancor gave way to reason, however, and just before the day fixed for the foreclosure sale the matter was settled. In all, $235,000 was paid in damages by the union to the company. In the fourteen years during which this contest was waged, about forty defendants, one of the plaintiffs, and eight judges who had passed on the controversy, died. The outcome served as a spur to the Federation in hastening through Congress the Clayton bill of 1914, designed to place labor unions beyond the reach of the anti-trust laws.
The union label has in more recent years achieved importance as a weapon in union warfare. This is a mark or device denoting a union-made article. It might be termed a sort of labor union trademark. Union men are admonished to favor the goods so marked, but it was not until national organizations were highly perfected that the label could become of much practical value. It is a device of American invention and was first used by the cigar makers in 1874. In 1880 their national body adopted the now familiar blue label and, with great skill and perseverance and at a considerable outlay of money, has pushed its union-made ware, in the face of sweat-shop competition, of the introduction of cigar making machinery, and of fraudulent imitation. Gradually other unions making products of common consumption adopted labels. Conspicuous among these were the garment makers, the hat makers, the shoe makers, and the brewery workers. As the value of the label manifestly depends upon the trade it entices, the unions are careful to emphasize the sanitary conditions and good workmanship which a label represents.
The application of the label is being rapidly extended. Building materials are now in many large cities under label domination. In Chicago the bricklayers have for over fifteen years been able to force the builders to use only union-label brick, and the carpenters have forced the contractors to use only material from union mills. There is practically no limit to this form of mandatory boycott. The barbers, retail clerks, hotel employees, and butcher workmen hang union cards in their places of employment or wear badges as insignia of union loyalty. As these labels do not come under the protection of the United States trademark laws, the unions have not infrequently been forced to bring suits against counterfeiters.
Finally, in their efforts to fortify themselves against undue increase in the rate of production or "speeding up," against the inrush of new machinery, and against the debilitating alternation of rush work and no work, the unions have attempted to restrict the output. The United States Industrial Commission reported in 1901 that "there has always been a strong tendency among labor organizations to discourage exertion beyond a certain limit. The tendency does not express itself in formal rules. On the contrary, it appears chiefly in the silent, or at least informal pressure of working class opinion." Some unions have rules, others a distinct understanding, on the subject of a normal day's work, and some discourage piecework. But it is difficult to determine how far this policy has been carried in application. Carroll D. Wright, in a special report as United States Commissioner of Labor in 1904, said that "unions in some cases fix a limit to the amount of work a workman may perform a day. Usually it is a secret understanding, but sometimes, when the union is strong, no concealment is made." His report mentioned several trades, including the building trades, in which this curtailment is prevalent.
The course of this industrial warfare between the unions and the employers has been replete with sordid details of selfishness, corruption, hatred, suspicion, and malice. In every community the strike or the boycott has been an ominous visitant, leaving in its trail a social bitterness which even time finds it difficult to efface. In the great cities and the factory towns, the constant repetition of labor struggles has created centers of perennial discontent which are sources of never-ending reprisals. In spite of individual injustice, however, one can discern in the larger movements a current setting towards a collective justice and a communal ideal which society in self-defense is imposing upon the combatants.
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