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Mr. HERRIMAN. We wanted to continue with the United Mine Workers; that is, we wanted to continue collective bargaining, and when the Jacksonville scale expired we were not at Jacksonville and did not sign the Jacksonville scale, as you call it. We are an outlying district, Senator. I think Mr. Lewis told you yesterday about the various outlying districts. We are one of them.

Senator WHEELER. Yes, I understand.

Mr. HERRIMAN. We were called to Philadelphia in March, 1924, and we signed an agreement with them which was practically identical with the Jacksonville agreement for district No. 2.

Senator WHEELER. Known as the Philadelphia agreement?

Mr. HERRIMAN. No, sir; that comes later. We worked under this agreement until it expired. It became very difficult for us to do that, because all about us the mines began to work nonunion, and then after the

Senator WHEELER (interposing). Let me interrupt you there, if you please.

Mr. HERRIMAN. Yes, sir.

Senator WHEELER. As I gathered, because I have talked with Mr. Musser

Mr. HERRIMAN (interposing). Yes, sir.

Senator WHEELER (continuing). You would have been glad to operate and pay the scale, provided that the other companies in the district had continued to pay the scale, would you not?

Mr. HERRIMAN. We would be glad to operate with the union and pay the scale that we could pay under the competitive conditions created by those mines that went on the nonunion.

Senator WHEELER. In that particular district ?

Mr. HERRIMAN. In that particular district. I would like to confine myself, so far as we are concerned—because we are not in the commercial business

Senator WHEELER. Yes; I understand.

Mr. HERRIMAN. I would like to confine myself to district No. 2, central Pennsylvania.

Senator WHEELER. You could have operated and paid the scale, providing the other companies in that district had paid the scale; is that not correct?

Mr. HERRIMAN. I am afraid that is a little too much for me, Senator, to this extent: If the districts to the south and west of us

Senator WHEELER (interposing). What do you mean by south of you?

Mr. HERRIMAN. That is, in the Southern States
Senator WHEELER (interposing). Yes.

Mr. HERRIMAN (continuing). Kept on reducing their prices and invading these fields, so that the railroads and these others could buy coal at less than it could be mined, it might have had an effect; but what I want to get before you is this, Senator: That we wanted to operate with the union-with the union men-if the union men gave us a scale that we could afford to operate. I do not mean by that that we wanted to operate on the Jacksonville scale after it expired, but we were perfectly willing to continue with the union if we could get a scale that we could afford to operate.

Senator WHEELER. You are paying a scale to-day higher than the Pittsburgh Coal Co. ?

Mr. HERRIMAN. I think it is exactly the same. Senator WHEELER. I thought you were paying $6 a day. Mr. HERRIMAN. We are. Senator WHEELER. And they are paying $5 a day. How about that, Mr. Lewis?

Mr. LEWIS. Mr. Murray, what is the scale?

Mr. MURRAY. There is not any uniformity in the Pittsburgh Coal Co.'s rates. They have wages reduced as low as $4.80 a day.

Senator Gooding. We understood from Mr. Musser that your scale is considerably higher than the Pittsburgh Coal Co.'s scale.

Mr. HERRIMAN. I did not know about that.

I have a statement here that I would like to read, if I may read it to you, and then hand it to you.

The Chairman. Let me ask you one question.
Mr. HERRIMAN. Yes, sir.

The CHAIRMAN. Does the New York Central Railroad take the entire output of your mine?

Mr. HERRIMAN. Yes, sir.
The CHAIRMAN. What is your output !
Mr. HERRIMAN. It varies. The highest we have had is 1,800,000

. tons. It has run as low as less than a million. I have a chart here that you might care to see. I do not know that I would care to put it in the record.

Senator GOODING. What is the total consumption of coal on the New York Central?

Mr. HERRIMAN. I do not have it in figures, Senator. We are interested in property east of Buffalo. I think the consumption runs pretty close to 5,000,000 a year. I am not a railroad officer.

May I be permitted to read this statement, Mr. Chairman?
The CHAIRMAN. Certainly.
Senator WHEELER. You may sit down or stand up, as you wish.
Mr. HERRIMAN. This is my statement:

The Clearfield Bituminous Coal Corporation, a subsidiary of the New York Central Railroad, operates well-equipped bituminous coal mines in the central Pennsylvania district at Rossiter, Clymer, Barr, Commodore, and Cooper (Grasslat). The first four are in Indiana County and the other two are in Clearfield County. The coal is all taken by the New York Central Railroad for locomotive fuel ; none sold commercially. For some 30 years the mines have worked in agreement with the C'nited Mine Workers of America ; in other words, we have always employed union labor. Without entering into details as to earlier years, we come to the so-called Jacksonville wage scale.

This corporation made an agreement with district No. 2, United Mine Workers of America, March 29, 1924, reading as follows:

PHILADELPHIA, PA., March 29, 1924. It is hereby agreed by the Clearfield Bituminous Coal Corporation and district No. 2 of the United Mine Workers of America that the working agreement terminating on March 31, 1924, is hereby renewed and extended for three years from April 1, 1924, to March 31, 1927, in all of its terms, provisions, customs, and conditions.

CLEARFIELD BITUMINOUS COAL CORPORATION,
F. E. HERRIMAN, President,
A. J. MUSSER,
l'ice President and General Manager.

(For the operators).
John BROPHY,
President district No. 2. I'nited Mine Workers of Americi,

RICHARD GILBERT,
Secretary-treasurer district No. 2, United Mine Workers of America.

(For the miners.)

We observed that agreement in letter and in spirit during the entire term of its existence; that is to say, until March 31, 1927. The United Mine Workers of America having failed to continue the Jacksonville or to make a new agree ment with the central competitive field (Indiana, Illinois, Ohio, and western Pennsylvania) at Miami, Fla., notified the outlying districts, of whic: central Pennsylvania is one, that where contracts were expiring March 31, 1927, they might continue to work after April 1, 1927, upon payment of existing wage rates and the maintenance of present conditions pending negotiation of a basic agreement in the central competitive field. This proposal was accepted by the Association of Bituminous Coai Operators of Central Pennsylvania, of which this corporation is a member, in the following words:

“ The Association of Bituminous Coal Operators of Central Pennsylvania, by authority of its executive committee, elects to accept your proposal to continue operating its mines after April 1, 1927, and pay existing rates of wages, observing present customs and conditions pending negotiations looking toward a definite wage agreement. It being distinctly understood, however, that this agreement may be terminated at any time by this association or by any individual member acting in its own behalf, and that this acceptance does not commit this association or any of its members to any wage-scale agreement which is now in force or which may hereafter be made between the United Mine Workers of America and any other district or group of operators."

Which was agreed to by the executive officers of district No. 2. Accordingly our mines continued to operate, and on May 14, 1927, we joined our associates in requesting the mine workers to meet us in Philadelphia May 23 to consider a new agreement under which we might continue operating for two years, or until March 31, 1929. We endeavored earnestly to reach an agreement with the miners at that meeting, but without success, and then adjourned until June 15. At the request of the mine workers the meeting was further adjourned until June 21 when again every effort was made to reach an agreement. The miners refused to make any concession, demanded a renewal of the Jacksonville wage scale with conditions added that would increase the cost of production. The meeting therefore adjourned sine die, and the mines were closed June 30. It will thus be seen that the mines of this corporation were operated on the so-called Jacksonville scale three months after the agreement had expired.

The mines remained idle all of July, and a notice was posted requesting the officers of district No. 2 to place themselves in position to negotiate an agreement based on the conditions that about 85 per cent of the mines in district No. 2 were working nonunion, and that practically all of our neighbors were operating on the 1917 scale, $5 per day instead of $7.50 per day as provided in the Jacksonville agreement. But there was no result. So on August 1, 1927, we postel notices at the mines as per copy attached, naming the highest of all wage scales prevailing and offering employment to men willing to work on that basis. A start was made August 23, and the mines were gradually reopened until the entire group in Indiana County became active-the two mines in Clearfield County remained idle. The operators at Rossiter, Clymer, Barr, and Commodore, in Indiana County, are now working and producing coal daily with a constantly increasing number of miners, many of whom are former employees. When recruiting our present force of white labor the men were carefully selected ; no colored miners or Mexicans are employed ; we are operating full time and producing practically normal outputs. If it were not for threats of personal injury, we believe that practically all of our former employees would gladly return to work.

This corporation has always enjoyed an excellent reputation with its employees; we believe there are no better mining towns in the district. The houses, water supply, light, schools, and general living conditions are of the best. We maintain hospitals with competent surgeons and physicians, com. munity nurses, playgrounds with instructors, and have liberally supporte community activities, including churches, both Protestants and Catholic, Boy Scouts, etc. And indeed have taken pride in making the living conditions comfortable, healthful, desirable, and safe. I understand that these conditions were testified to by our representatives at the hearing before the subcommittee at Rossiter and Indiana. I assume that that testimony is part of the record and I shall not enlarge upon it. There is attached hereto information for former and prospective employees, which was posted and widely distributed at our mines August 22, 1927.

Every man applying for work has signed a request for employment (copy attached) at the terms stated in our notice posted August 1, 1927, and our

offer to maintain the rate of wages and working conditions until April 1, 1929. This we believe constitutes an agreement with our miners which we shall maintain precisely the same as that with the union in years past.

A description of the central Pennsylvania coal district covering its mides, number of employees, maximum and minimum yearly productions, comparative wage scales and the effect upon business and prices of the large nonunion districts in the South, as well as open-shop mines in our own district, was presented to the Senate subcommittee at Indiana, Pa., February 27, and made part of the record by that committee. Reference is given to that here for such further information as may be desired.

NOTICE OF TERMS OF EMPLOYMENT This mine will resume operation when a sufficient number of men signify a willingness to work on the following basis of wage rates and working condi. tions:

1. The following rates of wages will be paid while the mine continues in operation :

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INSIDE DAY LABOR
Motormen, per day--
Spraggers, per day-
Skilled wiremen in charge of work being done, per day-
Wiremen's helpers, per day-
Track layers, per day-
Track layers' helpers, per day.
Bottom cagers, per day-
Drivers, per day--
Trip riders, per day-
Water and machine haulers, per day-
Timbermen, per day-
Pipemen, per day-
Trappers, per day.
Machine runners, per day-
Machine helpers, per day--
All other inside day labor not herein specified, per day--

$6.10 6.00 6.00 5.77 6.00 5. 77 6.00 6.00 6.00 6.00 6.00 5.92 3.18 6.10 5.85 5.77

OUTSIDE DAY LABOR

5. 42 5. 60 5. 18 5.36 5. 10 5. 60

Dumpers, per day---
Ram operators, per day-
Pushers, per day--
Trimmers, per day.
Car cleaners, per day-
Firemen not working on change shifts of eight hours each, per day-----

Other classification of labor not mentioned to be paid proportionately.

2. The miners working at this mine may elect from their number a checkweighman, and when properly authorized by individual assignment, we agree to make deductions from the wages of such employee sufficient to pay his proportion of the wages and reasonable cost of maintaining a checkweighman on the tipple.

3. House rents will remain the same as at present; house coal reduced in proportion with the above rates.

4. The management of this corporation guarantees to its employees the right to bring to it their individual grievances or complaints and agrees to treat fairly and promptly all such grievances or complaints.

5. This corporation offers to maintain the above rates of wages and working conditions until April 1, 1929.

Company.

By 1927.

1927. CLEARFIELD BITUMINOUS COAL CORPORATION : I hereby request work at your

mines, at such time or times as work is offered upon the terms stated in your notice posted August 1, 1927.

Witnessed by :

INFORMATION FOR FORMER AND PROSPECTIVE EMPLOYEES

First. Wages offered are good until April 1, 1929.

Second. Wages offered average as high as those paid at the B. R. & P. Berwind-White and other central Pennsylvania mines, as well as Pittsburgh district mines.

Third. Wages offered are higher than those paid at Snow Shoe, Bethlehem Mines Corporation, and mines throughout the Philipsburg-Osceola region and many other places.

Fourth. Wages offered are equal to or better than those now paid at any mines in central Pennsylvania.

Fifth. Our houses, water, light, schools, and general living conditions are better than are elsewhere obtainable.

Sixth. Our employees have always enjoyed fair and generous treatment, and such policy is guaranteed under scale of wages now offered.

Seventh. Our mines positively will not, because they can not, operate on the Jacksonville scale of wages.

Eighth. At the scale of wages offered our mines will work steadily to the extent of the market demands.

Ninth. The mines of this corporation will operate, and you are invited and urged to go to work on the basis of the notice hereto attached and in consideration of the facts above submitted.

CLEARFIELD BITUMINOUS COAL CORPORATION. INDIANA, PA., August 22, 1927. I will file this statement, Mr. Chairman. The CHAIRMAN. Very well. You are now operating with nonunion miners?

Mr. HERRIMAN. Yes; we are operating with miners that are not affiliated with the unions.

The CHAIRMAN. What prices are you paying, compared with the Jacksonville scale ?

Mr. HERRIMAN. On the basic rate of $6; we are paying $6 instead of $7.50.

Senator GOODING. I would like to state to the committee that Mr. Musser told us there was a reduction of 20 per cent.

Mr. HERRIMAN. Yes; a reduction of 20 per cent. Your subcommittee went over exhaustively each of these matters with our competent vice president and general manager, and perhaps we might simplify this by referring to that.

The CHAIRMAN. I notice under this line of 1922 you have the word “strike.” Do you mean by that a strike occurred in 1922? Mr. HERRIMAN. There was a strike in 1922, lasting some five

a months.

The CHAIRMAN. That was in 1922, and then the next year you mined more coal than the others.

Mr. HERRIMAN. Yes; I think that was true of the bituminous-coal fields of the East. That was their big year.

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