Government and labor: the coal industry, 1946-1947

The reconversion years after World War II were very important in the history of American labor. During this period of economic readjustment many strikes occured. The last of the major industrial conflicts was in the bituminous coal industry. This strike in 194& finally led to government seizure of the mines and government operation continued for thirteen months. As government operation continued a number of conflicts arose between the government and the United Mine Workers. These revolved around the problem of the rights of and the re* strictions on workers in seized industries. The United Mine Workers tried, unsuccessfully, to maintain union rights, applicable in private enterprise, as government employees. The result was the revival into law of the labor injunction and the later restrictions on union activities contained in the Taft-Hartley Act. Another development of the conflict was the handling of union demands for fringe benefits. The major United Mine Workers requests in 1946 and 1947 were for fringe benefits: mine safety regulation and funds for miners8 welfare. It turned out that neither the government nor the mine owners knew the ramifications, both economic and social, of these proposals,, In both contracts, in 1946 and 1947? the union received major concessions in these areas, and has led the way in the American labor movement toward achieving increased benefits, outside of wages and hours, for its members.

GOVERNMENT AND LABOR: THE COAL COAL INDUSTRY, GOVERNMENT AND LABOR: THE INDUSTRY, 1946-1947 1946-1947 by by John Ervin Brinley, Jr Jro A thesis submitted to the the faculty faculty of of the the University A thesis submitted to of Utah Utah in partial partial fulfillment of the the requirements requirements for the degree of Master of Arts Department Department of History University of Utah August 1967 1967 �. This Thesis for the Master of Arts Degree by John Ervin Brinley, has been approved July 28, 1967 chairman, Reader, S Supervtsory Committee ervisory Commi ee Jr. ACKNOWLEDGEMENTS ACKNOWLEDGEMENTS acknowledgement This writer wishes to express acknowledgement given for and appreciation appreciation of the untiring assistance giv.en William D. D» Aeschbacher, Committee Committee to the writer by Dr» Dr .. William Chairman. Chairman. Deeply appreciated, also, also, was the help given by Brigham D. the other members of the committee--Dr. Brigham D. Dr. Philip C C... Sturges, Sturges, and Dr. King. Madsen, Dr. Dr. James W. W. King. Special appreciation appreciation is extended to Justin McCarthey, editor of the the United Mine Workers Journal, Journal, and Frank Stevenson, president president of District 22, 2 2 , United Mine Workers of America, for allowing the author to materials. examine and use their materials. A word of gratitude to the author's parents A final word who unselfishly unselfishly supported supported and encouraged encouraged his education. education. dedicated to my Father, the late This work is dedicated J.E. J.E. Brinley. Brinley. iii TABLE TABLE OF OF CONTENTS Page Page ACKNOWLEDGEMENrrs. ACKNOWLEDGEMENTS ABSTRACT* ABSTRACT •• " • e » "e • e « "e ., • • • • • • • • • • .. .. • • • • . • • .. • • • • • • • • • iii ill ~ v o a « » « < > f t o « 0 « » « o t• t II « 0 a 0 9 • o • * • « • « • « • » • « t" t • a •* •» * » i 09 o "O « o o 0 • » • a • 9 o o * 0 * e o « * *0 oCI « • « CI o • o 0 e • « •« •* o Chapter Chapter I. IN1'llODUCTION........................... I o X SI* HO DUC TION.» e o o • o » • » » » • » o • o o • » • o » « « 1 • Notes on Chapter I ••••••..•••••••••• Notes on Chapter I ........ 1 9 9 II. NEGOTIATION, STRIKE, AND SEIZURE •••••• 11 II, NEGOTIATION, STRIKE, AND SEIZURE...... 11 Notes on Chapter II ................. . Z7 Notes on Chapter II......... 27 III. BREAK IN UMWA-GOVERNMENT RELATIONS •••• 32 III. BREAK IN UMWA-GOVERNMENT 32 RELATIONS.... Notes mn Chapter III •••••••••••••••• 19$~ IV. RELEASING OF THE MINES AND THE IV. RELEASING CONTRACT OF THE~ MINES AND THE 0 ..... 0 (t 0 ................. 44 44 Notes on Chapter III (I •• CONTRACT..... »••.••••••••••••••••••• Notes on Chapter IV ................. . 46 v. Notes on Chapter IVo ••••• ooo ••••••• o POSTSCRIPTo.oG •• It.o •• 56 V. P O S T S C R I P T . . . . . . . . o e « . . . . . . o o . . . « . » . . o Notes on Chapter Vo ................. . 5^ Notes on Chapter V.................. VI. CONCLUSIONS........................... 668 7 VI » CONCLUSIONS APPENDIX •. o . o • • • • • o . o o e o . " " o o o o o APPENDIX. B I BL lOG RA PHY <1 . B ITA B L VI (I 0 . • o » & . ., » (I » 0 » (I » • » • o o ., . » o ., « • e o • . « • » o • o o 9 (10 » '" o o 0. o »•«•.•»•o• .•«• « e •• •" •(I •(I • 0 • • • • • • • Ilit 0O • G0 R A P H0 Y . . . . o . . . . • 0» e • • •0 •• » • • • (Iocr '" It " e " • " eo 0 " (I " (I () Q 0 0 VITA......................OO .. . iv iv o ..o» • « • » • o •e oo » o ., 0 0 (10 " • e• o» . • » 0 * (I til • • • •(I »• ..... 0 0 •" 6 718 • (I 7^ 84 • •»• • 0 8 4 92 (I •• *'' 0 92 ABSTRACT The reconversion years after World War II were very During this important in the history of American labor. period of economic readjustment many strikes occured. The last of the major industrial conflicts was in the bituminous coal industry. This strike in 1946 finally led to government seizure of the mines and government operation continued for thirteen months. As government operation continued a number of conflicts arose between These re­ the government and the United Mine Workers. volved around the problem of the rights of and the re� The United strictions on workers in seized industries. Mine Workers tried, rights, unsuccessfully, to maintain union applicable in private enterprise, empl9'yeeso as government The result was the revival into law of the labor injunction and the later restrictions on union activities contained in the Taft-Hartley Acto Another development of the conflict was the handl­ ing of union demands for fringe benefits. United Mine Workers requests in fringe benefits: miners� welfare. The major 1946 and 1947 were for mine safety regulation and funds for It turned out that neither the govern­ ment nor the mine owners knew the ramifications, v both economic and social, proposalsD social, of these proposals,, In both concon­ tracts, in in 1946 1 9 4 6 and and 1947, 1 9 4 7 ? the union received major tracts, the union received major areas, and has concessions in these areas, has led the the way way in the American American labor movement toward achieving increased benefits, outside of wages and hours, hours, for its members,, members. vi CHAPTER I:: I:~' INTRODUCTION The years immediately World war II were The years immediately after after World War II were years years of of intense intense industrial industrial strife strife in in the the United United States~ States. The country was attempting attempting to shift propro­ duction from a war-time wa.r~time to to a peace-time peace~time economy and consumers, management, management, to accomodate the demands of consumers, labor.* and labor .. 1 PreSident Truman aSSigned President Truman assigned to the Office of Price Administration the task of making reconAdministration (OPA) (OPA) the recon­ verSion possible.. version as peaceful as possible* It established price ceilings and wage floors to keep both labor and wage check. and management in check. These measures also were to keep inflation to a minumum. The OPA tried this, but opposition to it made valiantly to do this, it very ineffective.. ineffective* It was opposed opposed by labor and management as as both wanted to free of of government government management both wanted to be be free restrictions in in dealing dealing with the othero other* restrictions with the The restricrestric­ The tions of of OPA OPA expired expired in in July July 1946 1 9 4 6 thus thus removing removing all all tions government controls controls except except on on rent. government rent. The resulting The. resulting rise in in prices forced Congress Congress to reinstate some some rise prices forced to reinstate controls in in late late July 1946» controls July 19460 These controls were were These controls too limi limited slow inflation, inflation, and. and by m i d - 1 9 4 7 all all too ted to to slow by mid-1947 2 attempts at at wage-price controls ended ended,,o 2 attempts wage-price controls 2 The American American consumer bad up a tremendous had built up potential demand for consumer goodso goods,, Restrictions on consumption years had bad left him him with consumption during the war years a vast array of unfilled unfilled needs and desires. desires. These These restrictions had had also built up reserves reserves of money to to goods. purchase consumer goods o During each of the years of 1 9 4 5 and 1946 1 9 4 6 consumers controlled controlled about $180 $ 1 8 0 billion 1945 spend in the market for concon­ in cash and savings to spend available,,3 sumer goods as they became available.3 Prices were capital. forced up by this supply of available consumer capital. Despite legal outlets there were created black markets and prices in all markets rose. rose. Consumer demands on management to produce provided provided a temptation temptation to achieve war-time. even greater profits than during war-time. At the same time the obvious prosperity prosperity of business and the labor, caused by the cut back drop in real wages for labor, increasing prices, in overtime and the increaSing prices, forced labor insistent about increases in wages to be ever more inSistent benefits. and fringe benefits o Management yeilded to the consumers'demand consumers' demand for goods and to the possibilities that the situation presented. ex­ It used used the OPA restrictions as the ex- occurred and explained planation for the strikes that occurred to the public that the work stoppages and curtailed interference production were caused by government government interference developments.4 in natural economic developments o 4 The OPA price 3 encouraged the manufacturers to hold hold goods ceilings encouraged off the market or to reclassify reclassify goods into catagories not covered by OPA regulation,,5 regulati ono 5 It also took the opportunity afforded afforded by the strikes to curry favor opportunity with the public public in its continuing controversy with labor. organized labor" Management felt if the strikes management's lasted long enough to hurt hurt the public, management's image would would be be improved while labor's would be damaged. improved while damaged. Management used used a variety of methods methods to to achieve this end: end: It refused to to follow government suggestions in reaching settlements; settlements; it carried on a massive propprop­ aganda campaign against both the the unions and. and governgovern­ ment controls;6 and in some cases it refused. to negorefused to titate faithfully with the the representatives representatives of their workers as required required under the the Wagner Act.7 It found. found that the most most effective means of gaining public support was to wait out the strikes strikes*o Management could financially and. i tically affo'rd and pol politically afford to force issue* the strike issue" could do this financially bebe­ It could. 4 * 9 billion dollars in cause profits had risen from 409 1 9 3 9 to an average of over 9 billion per year for the 1939 1 9 4 2 to 1945 1 9 4 5 and exceeded exceeded 12 1 2 bi(lion billion in 1946. 1 9 4 6 .8 8 years 1942 Politically it could could do this because business­ Politically because most businessdid not care for Harry So S. Truman and his controls men did least. in the least" 4 Labor likewise had had made made substantial gains during the war and wished to protect protect and enlarge them„ them o and wished By the time time the the war war ended American American workers workers had become become a loyal, respected part of American society& loyal, respected society. Labor shortages, protection for organizing, and vigshortages, legal protection vig­ orous organizing campaigns had bad made made orgaized labor an influential part part of American American life life.o Labor leaders had advanced in government and advanced into places of power in 9 in public public oPiniono opinion.9 But g t organized labor feared that u it could not stand stand a concerted concerted attack by business& business. Truman felt there there was a conspiracy by the business interests to destroy interests to destroy labor labor after after the the war.,IO war.l° Organized Organized labor responded to to the the situation labor responded situation as as if if there there really really was a conspiracy .. conspiracy. Union membership 8 , 9 4 4 > 0 0 0 in membership had grown from 8,944,000 1940 1 9 4 0 to 14,749,000 145,749*000 in 1945 1 9 4 5. . 11 This growth resulted 1 1 in both enlarged public importance and and enlarged strike funds that were were used to to consolidate labor's gains as soon as the war ended ended. Q During the war it it had been following a policy policy of maximum maximum cooperation cooperation with government and industry for the sake of the war effort. effort. In the war emergency wages were fixed but the members of unions had bad enjoyed high incomes because of extended work weeks, weeks, overtime pay, pay, and production bonuses. bonuses.. After the war ended it was ready and willing to strike to maintain these wartime gains(in both take-home pay and increased increased memberships) and and to 5 achieve further advantages advantages., 0 Workers to to protect protect these Workers gains struck in nearly all parts of the all parts the American American economy. The by unions in the The work stoppages by the Congress (CIO) were long and nearly Industrial Organizations (CIO) of Ind.ustrial stopped the stopped the entire economy. During the the winter of 1 9 4 5 - 1 9 4 6 50,000 5 0 , 0 0 0 communications communications workers, 700,000 1945-1946 workers, 700,000 steel workers, workers~ 2 250,000 5 0 , 0 0 0 packinghouse workers, workers, 200,000 200,000 electrical workers, workers, and over 300,000 3 0 0 , 0 0 0 auto workers were on strikeo s t r i k e .12 1 2 fiAltogether, ^Altogether, 42 4 2 large strikes, strikes, each involving 10,000 workers, occurred between 1 0 , 0 0 0 or more workers, VJ-day and July 11946~ 9 4 6 . ""13 13 On January 21, 2 1 , 1946, 1 9 4 6 , there 14 were 1,657,000 1 , 6 5 7 , 0 0 0 workers on strike. strike.14 The settlement of most of these strikes resulted in increased inflation.. inflation. The pattern for these settleThe pattern for these settle­ ments was was first suggested suggested by government fact.r.finding fact-finding boards decisions concerning the the auto and steel s t r i k e s .15 5 strikes. 1 for wage hikes of about ll8i 8-| They called for cents per per hour and price price increases to to keep keep profits considered, a reasonable at, what at, what the the government gover~ent c.onsidered" level. l e v e l o16 ^ 1 In the the steel industry this this price increase amounted to five dollars a ton. ton. amounted to The by The settlement by wage increases and compensating price increases became compensating price for settlements in the the automobile, automobile, electricelectric­ a formula for industries.*7 al, petroleum petroleum and most other industries .. 17 By late February peace peace was was coming to to the the America America economy.. economy. Only in the the bituminous coal industry were 6 extensive problems arising arising,,o The probable serious disruption of a coal strike on April 1, 1 , when the disruption National Bituminous Coal Wage Agreement of 1945 1 9 4 5 would dis­ expire, was the last major basic industry labor disexpire, reconversion.o pute of reconversion The coal industry was the most most unionized unionized American American (UMWA) industry and the United United Mine Workers of America (UMWA) nation s strongest labor unionso unions. was one of the nation's 8 The UMWA, under the autocratic control of John L. L. Lewis,18 Lewis,^ UMWA~ American Federation of Labor (AFL) (AFL) had just rejoined rejoined the American 2 5 , 1946, 1 9 4 & , in an attempt to unify the AmerAmer­ on January 25, 19 movement.*9 ican labor movement. The UMWA UMWA had been expelled differed with the AFL leadership from the AFL when it differed organ­ over industrial unionism unionism that resulted resulted in the organearlier. ization of the CIO ten years earlier. L. Lewis John L. resigned the presidency presidency of the 1 9 4 0 and and had reSigned the CIO in 1940 taken the the UMWA out of of the in 1942. 1942. taken UMWA out the CIO CIO in During the During the war and and immediately thereafter the CIO was was very very war immediately thereafter the CIO agressive in for its its memberso members. agressive in working working for It was because It was because of this with which did not not wish wish to to of this militancy, militancy, with which Lewis Lewis did be associated, associated, and and because the CIO CIO had had a a number number of of be because the Communists in in its its national organization that that the the Communists national organization politically conservative conservative Lewis with politically Lewis reafilliated reafilliated with the AFL, AFL, again again joining craft organized organized group group rather rather the joining aa craft than the the industrially industrially organized organized group group he had helped helped than he had establish. establish.. The UMWA had had been an independent independent union union The UMWA been an 7 7 from 1942 1 9 4 2 to 1946~20 1946. 2 0 John Lo L. Lewis was named vice-president of the AFL and was appointappoint­ thirteenth vice-president re­ ed to the executive council of the AFL upon his re- turn to the House of Labor, Labor, as the AFL has been known e known. On March 2, UMWA notified notified the bituminous 2 , 1946, 1 9 4 6 , the UMWA coal operators that the union was requesting a meeting on March 12 1 2 to write a new contract. The contract between the UMWA UMWA and the operators under which the mines operated operated would expire on April 1, 1 , as it did every year. year.. As required required by the War Labor Disputes Act of 1943(Smith-Connally Act) the government was 1943(Smith-Connally Act) also notified by the UMWA UMWA that a labor dispute existed and that a strike was probable after April I1 if no 91 contract could be signed by this date. 21 The UMWA contract could be signed by this date. 1 The UMWA Policy Committee, meeting March 11 in washington, D.C., Policy Committee, meeting March 1 1 in Washington, D.C., formulated the strategy to be used and demands that formulated the strategy to be used and demands that would be presented to the operators,,22 would be presented to the o p e r a t o r s . 22 Union strategy was a throwback to the famous Union strategy was a throwback to the famous "Jacksonville Agreement lt of 1926 0 This was to present "Jacksonville Agreement" of 1 9 2 6 . This was to present very general demands thus placing the burden of beginvery general demands thus placing the burden of begin­ ning the negotiations upon the operatorso The union ning the negotiations upon the operators. The union demands were general and non-specific.. The coal demands were general and non-specific. The coal miners, because they were the highest paid'industrial miners, because they were the highest paid industrial workers and therefore had little to fear in the area workers and therefore had little to fear in the area of wage reductions per se, placed their primary of wage reductions per se, placed their primary 8 emphasis o.n on fringe benefits and unio.n union securityo security. demand was fo.r for a health and welfare The main union unio.n demand would be o.perated operated by the union. also fund that wo.uld unio.n ... They also. for unionization of superviso.ry, supervisory, technical and asked fo.r unio.nizatio.n o.f employees; increased increased wages; reduced daily clerical emplo.yees; wages; reduced and weekly wo.rking working ho.urs; hours; and a stro.nger stronger safety code. code. They did not, specific no.t, however, ho.wever, set any specific amounts o.n on any o.f of these areas~ areas. amo.unts These were, were, the union insisted, not demands but o.nly only Unego.tiable "negotiable unio.n insisted~ no.t suggestions. li23 3 suggestionso ! , 2 CHAPTER II NOTES ON CHAPTER Harry So Truman~ Truman, The Economic Reports of the lHarry President Transmitted to Con Congress: January 1 9 48^ , President as Transmitted ress: Januar 1947(N e w York: & Hitchcock, Hitchcock, 1 9 4 7 , J**ly January 1947, July 1947 New York: Reynal & 1 9 4 b ) , part II; II; Cabell Phillips, Presi­ 1948), Phi11ips~ The Truman Presi1 9 6 6 ) , pp. pp. dency (New York: York: the Macmillan dency(New Macmillan Company, 1966), 1101-128; 0 1 - 1 2 8 ; and Joel Seidman, American Labor from Defense American to Reconversion(Chicago: University of Chicago Press, University Press, 1 9 5 3 ) , pp. PP* 213-282. 213-282. 1953), 1 2See S e e appendix, appendix, chart 10 I. 2 ^Truman, 0p cit. II p. 5 8 ; and chart II, 3Truman~ Opo cit.~ part II, p. 58; II, o 9 P appendix. appendixa % e w York Times, Times, February 18, 1 8 , 1946, 1 9 4 6 , p~ p . 13; 13; a 4New E. plea for retention of the OPA is found in Colston Ea Warne, ItShould be Retained,1I Warne, "Should Price Control be Retained," Current History, X(June 11946)~ 9 4 6 h PP° 496-502. pp. 496-502. 5The National Association of Manufacturers(NAM) ^The National Manufacturers(NAM) admitted that manufacturers were restricting producproduc­ admitted advertisement tion to try to destroy the OPA in an advertisement 1 9 4 6 * p. 13. Times, February 18, 1 8 , 1946, in New York Times, p. 13. 6See page ads in ibid. by the the NAM; NAM; and ^See full page ibid, by Newsweek, XXVII(March 4 , 1946), 1 9 4 6 ) , p. p. 18, 1 8 , by the BiBi­ Newsweek, XXVII (March 4, tuminous Coal Institute Institute. o 7See the New New York tugboat tugboat strike as reported in ?See the Times,9 February 12, I2 1946, 1946, p 1 ; and in the New York Times p.. 1; General Motors strike, strike, ibid. ibid. 9 January 13, 1 3 , 1946, 1 9 4 6 , p. p. 1. 1. General d 9 o 8Truman, Opo cito 9 part II, po 64. °Truman, 0 p cit o 0 9 part II, p 0 64<> 9Seidman. Opo cito, po 195. ^Seidmans, 0 p cit , p 195° lOR. Alton Lee, R „ Alton Lee, Truman Truman and and Taft-Hartley(Lexington: Taft-Hartley(Lexington: University of Kentucky Press po. 115. University of Kentucky Press^9 1966), 1966), p 5» o 0 0 1 0 llDepartment Bureau of Labor Statistics ^Department of Labor Labor,9 Bureau Statistics Bulletin No. No. 1IOOO~ Brief History of the the American Bulletin 0 0 0 , Brief American Labor Movement, Movement 19649 p. 55. 1 9 6 4 ? P« 55° j P h i l l i p s , Cpo 0 p cito, c i t o , P. p. 113; 1 1 3 ; New York Times, Times, 12phi1lips, 1 3 , 1946, 1 9 4 6 , po p. 29; 2 9 ; and tables II and II, January 13, II, appendix. appendix. 12 a 10 10 13Bureau ^ B u r e a u of Labor Statistics Bulletin No. No. 1000, 1000, Op. cit., cito, po p. 35. 35. Ope 14New ^ N e w York Times, Times, January 21, 2 1 , 1946, 1 9 4 6 , po p. 10 1. 15Ibid * 5 i b i d .09 , January 11, 1 1 , 1946, 1 9 4 6 , pp. pp. 14-15. 14-15. 16Ibido, ^ I b i d o , January 26, 2 6 , 1946, 1 9 4 6 , po p, 1; 1 ; January 27, 2 7 , 1946, 1946, p. 1; 1 ; February 11~ 1 1 , 1946, 1 9 4 6 , po P» 1; 1 ; and February 16, 1 6 , 1946, 1946, po 10 17Truman, .. , part II, ^ T r u m a n , Opo Op. cit cit., II, po p. 59. 59„ 18see .. So S e e JJ... B B. S. Hardman, "John Lo L. LewiS, Lewis, Labor Man: An Interpretation,"' Interpretation," Labor History, VI Leader and Man: 1 9 6 5 ) pp PPo.. 214-231; 2 t 4 - 2 3 1 ; and Wi11.Chasen, Will.Chasen, "Lewis: "Lewis: (Fall 1965), Labor," The American Mercury, LXIV Robber Baron of Labor,1! 1 9 4 7 ) , pp. PP. 526-5339 5 2 6 - 5 3 3 , for Lewis as an autocratic autocratic (May 1947), leader. Albert Rees, Rees, The Economics of Trade Unions leadero 1 9 6 2 ) , p. p. 180, 150, (Chicago: University of Chicago Press, Press, 1962), (Chicago: says this autocratic control was unnecessary because "overwhelming support" of the miners miners. he had "'overwhe1ming .. l o 9 19New Janua~y 26, *9flew York Times, Times, January 2 6 , 1946, 1 9 4 6 , p. p. 1; 1 ; and 1 9 4 6 ) , po p. 59 5 9 .•. These Newsweek, XXVII(February 4, 4 , 1946), Newsweek, XXVII(February reafilliation as a move for the AFL items see Lewis' Lewis reafi1liation presidency. 1 20 20United United 1946), p. 330. 1 9 4 6 ) , p. Mine Workers Journal, LVII(February 15, Mine Workers Journal, LVII(February 1 5 , He.reafter o Hereafter cited cited as as UMWJ UMWJ. h e COllierf Colliery Guardian, CLXXII(March 8, 8 , 1946), 1946), 21TThe p» 320; 3 2 0 ; UMWJ, LVII LVI I (March 1 5 , 1946), 1 9 4 6 ) , po p. 13, 1 3 , contains contains po March 15, the required under the notice notice-required und.er the War War Labor Disputes Act and Meeting. and the call for the Policy Policy Committee Committee Meeting. 2 1 A m e r i c a n Federationist, 1946), 22American Federationist, LIII(March LIII(March 1946), po Po it.. ii 22 a 23UUMW LVII(March po 5. M W JJ, » L V l K M a r e h 15, 1 5 , 1946), 1 9 4 6 ) , p» 5* 23 CHAPTER I: NEGOTIATION* NEGOTIATION,. STRIKE, CHAPTER III: STRIKE, AND SEIZURE Contract negotiations began on March 12 at the Shoreham Hotel in Washington, D.C. D,C. Shoreham L. Lewis, Lewis, John L. John O'Leary, union vice-president, and Thomas Kennedy, UMWA UMWA secretary-treasurer, participated participated in the negotiations for the miners. minerso The operators were represented represented by Charles OONeil1, O Neill, operators' operators negotianegotia­ fl 1 tion committee committee chairman and and representative.of representative.of the Northern operators; Mo Moses, operators; Harry M. Moses, representing U. S. So Steel and the captive mine operators; operators; and U. Edward R. R. Burke, Burke, ex-Senator from Nebraska and the negotiating president of the Southern negotiating agent for and president Southern association.*1 operators association. The first week was devoted devoted to union presentapresenta­ demands tion of its demands. 0 Lewis opened the meetings condemnation of the operators in the area of with a condemnation miners' protection and welfare. welfare. miners protection 1 In support of his argument Lewis had the thirty-one district presidents of the union present present testimony of conditions in each district. district. The union made only two specific demands: demands: first, it said said that there must be abatement of the first, cessa­ slaughter of miners and, second, it demanded cessaaccompanying extortion of the miners by tion of the accompanying company doctor system. system.2 the company 2 This tactic of talking 12 only of protection protection for the miners completely completely caught the operators off-guard off-guard... The operators, operators, in press releases, releases, charged Lewis with filibustering and .. 3 and stalling stalling.3 They demanded that would assure the Lewis discuss a wage agreement that would nation of its fuel supply, and refused refused to discuss welfare, which they considered considered outSide outside their juris­ welfare, juris- diction to nnegotiate e g o t i a t e.. d4 Lewis refused to talk of wages and simply asked the operators to offer something and specific on the need for health improvements.. improvements. Lewis restated that the primary primary demands of the miners were restated improved working conditions and a welfare fund for improved these^must come before he was willing to and that :these_.must discuss wages.. wages. nIt is my opinion,fI "It opinion," Lewis told the . . operators, Uthat "that the miners don't want to work for you operators, tl conditions."5 gentlemen any more unless you remedy the conditions" 5 After the week of union oratory the conference settled down down to hear hear similar oratory from the operoper­ ators.. ators. The operators in a lengthy presentation presentation offeroffer­ ed their counter-demands.. counter-demands. These conSisted consisted of a strongstrong­ strikes, er guarantee from the union against wildcat strikes, new restrictive qualifications for vacation pay, and loss of the paid paid lunch preiod. preiodo Concessions to the 1 8 % cents per hour, hour, miners included a wage increase of l8t compensation workmen 8ss compensation voluntary compliance with state workmen 8 mine laws, and a 40 4 0 hour week.^ and mi ne safety laws, week .. 6 would They would 13 not discuss the welfare fund proposal or the other demand,1 the unionization foremen, since, since, major union demand unionization of foremen, as they saw it, it, the meeting was to negotiate a wage contract contract.? o 7 Lewis refused refused to to consider or respond respond to the operators operators i proposals on wages and hours until the 8 operators agreed to the idea of a welfare fund fund.o In a public statement he proposed dis­ proposed aa Gallup poll to discover if the American American public condoned the killing in Q the mineso8 the m i n e s . 0 On March 20 9 after a session further On March 2 0 , after a session further outlining their proposals, the operators' representoutlining their proposals, the operators 1 represent­ atives publicly stated that a strike was inevitable atives publicly stated that a strike was inevitable and by saying this they condemned the negotiations and by saying this they condemned the negotiations to failure o 9 to failure.9 When no agreement was reached on March 26, Lewis When no agreement was reached on March 2 6 , Lewis sent a notice to the local unions stating: "No agree- sent a notice to the local unions stating: "No agree­ ment will be in existence after the above date LApril 1, ment will be in existence after the above date /April 1 I 94§7, until present negotiations are completed. 1946/9 until present negotiations are completed. Each member will be governed accordingly. This was t! Each member will be governed accordingly." the union~s strike call. the union's strike call. This was It is a rule with miners It is a rule with miners that they do not work without a contract. 10 that they do not work without a c o n t r a c t . 10 The The threat of government seizure did not influence union threat of government seizure did not influence union policy, since the previous seizures, in 1943 and policy, since the previous seizures, in 1 9 4 3 a n d 1945, had given the UMWA a generous contract with 1945* had given the UMWA a generous contract with the government. the government. The main point of difference between the nego- The main point of difference between the nego­ tiators for the mine operators and the mine workers tiators for the mine operators and the mine workers 14 was the welfare fund. fund* A A miners m i n e r s i welfare fund was 8 first proposed proposed by the union in the 1945 1 9 4 5 negotiations negotiations but was dropped because the union felt it would not be politically politically expedient to call a strike during the war. war 0 The 1945 proposal had first introduced The 1 9 4 5 proposal introduced the union suggestion of a ten cent per per ton royalty as a means to finance the fund. The operators had had exf u n d .ll The ex­ 11 pected pected this demand. demand to be included included in the 1946 1 9 4 6 meeting and planned planned to to counter with one financed through a wage deduction. d e d u c t i o n .12 12 They did not~ however, did not, however, expect Lewis to ignore wages and hours and to base the whole issue. prospective agreement on this issue. Thomas Kennedy, with L Lewis& e w i s approval,. approval, let it be 8 known in an unofficial statement that the union pre- fered the ten cent royalty to a wage percentage as had been proposed. This was to give their position 13 further support. support.*3 The operators, operators, in a press statestate­ ment to counter the union, union, said said they already paid paid nearly ten cents per ton in Social Security and and state welfare taxes.14 taxes. 14 Lewis, Lewis, in a reply that attempted attempted to operators, said said that if there divide and confuse the operators, fund, then wage increases must be was not to be a fund, 1S substantially increasedo increased.15 more than substantially The operators, operators~ wishing to transfer the controcontro­ versy to areas where the miners had less support, and to avert a strike over the welfare fund issue, issue, said 15 they were willing willing to have have a study made made on the the health 16 and welfare of miners by an impartial commission. commission.^ and They wanted it understood that lIany wel­ "any resultant weladministered by some indeinde­ fare programme programme should be administered 17 agency, such as the American Cross.' *? pendent agency~ American Red Crossott 1 proposal as they The union would would not consider this proposal. fund. wanted complete control of the fundo When there was issues, the mines no agreement on any of the basic issues, 1. closed on April 10 When the strike began the country had about one month's supply of coal, but it was so distributed coal, but that in some places places not nore than than a week's supply of of coal was availableo 18 The union assured the nation coal was available. The union assured the nation 1 ft when the strike was called that coal would be pro- when the strike was called that coal would be pro­ duced to prevent extreme hardship, but thes assurances duced to prevent extreme hardship, but thes assurances were meaningless except for only a few communitieso were meaningless except for only a few communities. Heat and power for whole communities in some areas Heat and power for whole communities in some areas was maintained and in a few others coal was mined to was maintained and in a few others coal was mined to keep schools and hospitals in operationo This was keep schools and hospitals in operation. This was not a widespread procedure, however~ occuring most not a widespread procedure, however, occuring most often in localities closely tied to coal miningo 19 often in localities closely tied to coal mining.19 Negotiations resumed after the strike call in Negotiations resumed after the strike call in the same mood as before: the union talking of welfare the same mood as before: the union talking of welfare and the operators talking of wages. Lewis interrupted and the operators talking of wages. Lewis interrupted this pattern by asking for back payment for holidays this pattern by asking for back payment for holidays 16 worked the war,,20 worked during the war.^ u The government began to The take an active role in the negotiations with the appointment, by Secretary of Labor Lewis Schwellenbach, Schwellenbach, l .21 * of Paul Fuller as mediator on April 10 When these 2 reached no agreements by April 10, 1 0 , Lewis talks reached walked outo out. walked operators, who continued to meet The operators, with Fuller, gave up and went home on April 18. l8. At this time the operators began a massive propaganda 22 campaign the proposed proposed welfare welfare fund. campaign to discredit the fund. 2 2 While negotiations were were broken broken off Lewis spoke at the the UMWA t~e Convention in UMWA Tri-District Tri-District Anthraci Anthracite Hazelton, Pennsylvania. Here he blamed the stoppage on the U.S. U.S. Steel Corporation" Corporation. He based this on an He offer from Moses Moses asking that the captive mines mines be allowed to to work work on a retroactive policy.23 policy. 3 2 This was to Lewis virtual acceptance of the welfare fund. fund. Lewis refused Moses because he was trying to to M o s e s B offer because 8 get the Southern operators, operators, the main opponents of the welfare fund, A division fund, to break from the conference" conference. A division in the conference would probably probably assure a welfare fund in a contract with with the the more more agreeable Northern Northern and captive operatorso operators. Schwellenbach the meetings be be resumed Schwellenbach insisted insisted the 30» and a new series of meetings were begun on April 30. These lasted only a few dayso days. As before neither side discussed, would talk on what the other side wanted discussed, 17 thus no no meaningful negotiations negotiations occured oceured at these meetings meetings... After a monthis month's loss of coal, coal, in a strike that UMWA Kennedy called UMWA secretary-treasurer secretary-treasurer Kennedy called lithe "the most airtight ever," coal stockpiles were were extremely ext~emelY 10w.,24 low.^4 Only 200 AmericaBs 4200 were still pro200 of America's 4 2 0 0 coal mines were pro­ ducing.. ducing. producing mines were scattered small The producing non-union mines and the southern Illinois fields and the under contract with the Progressive Mine Workers. W o r k e r s .255 2 On May May 4 4 PreSident President Truman called the dispute aa "national .. It 26 "national disaster disaster." ^ 2 to conserve coal. coal. He He ordered ordered a a rationing rationing program program Railroads cut freight shipments to Railroads the essentials and reduced passenger passenger service 50 and reduced 5 0 perper­ cent.. cent. The nationBs public utilities utilities reduced nation's public reduced output and created a "brown-out much of the East" 27 "brown-out"U over much East.27 Government seizure was was still not anticipated anticipated either by the the President President or the the press, press, despite the the. slowing of the economy because because of lack of of coal,,2B coal.^ When the negotiations that had had begun on April 30 30 produced agreement~ President Truman asked Lewis produced, no agreement. 1 0 at 2:00 2 : 0 0 p.m. and O'Neill to meet him on May 10 porn. at the House.o White House Lewis, in his biggest coup of the disdis­ Lewis, pute, notified 1 : 0 0 p.m. that he had pute, notified reporters at 1:00 pomo that. had called a two-week truce during which the miners would called return to work on the condition that any benefits 10. later received received would be retroactive to May 10.. As Lewis put put it, it, ItThis "This action is the contribution of the United Mine Mine Workers Workers of America America to our nation's economy, economy, which is being imperiled the stupidity and selfish imperiled by the greed of the the coal operators. operators~tl29 9 r , 2 the meeting, meeting, ^At the Truman told the disputants that they must reach an 15. agreement by May 150 O'Neill, bowing to Presidential Presidential ORNeill, u30 influence, the welfare welfare fund "in principle. influence, agreed to the principle."3° Although approved by the the unIon, the operators' union, the operators' negotiating repudiated O'Neill in stating negotiating committee repudiated that that they they would would not not accept accept any any welfare welfare fund fund. 0 The The union union replied, perpent levy replied, on on May May 15, 1 5 , that that maybe maybe a a seven seven percent levy on total payroll payroll would be acceptable for financing the would be fund rather rather than than the the tern cent per per ton royalty. royalty. This was refused by by the the operators was also also refused operators who who would would not not now now even consider any welfare welfare fund fund. 0 When an arbitration When arbitration proposal of of President Truman was rejected by by both parties on May May 17, the federal mediators, 1 7 , the mediators, Fuller and newly appointed Edward Edward McGrady(former McGrady(former assistant SecreSecre­ tary of Labor), Labor), noting noting the futility of the talks, talks, 31 suggested suggested a suspension of negotiations. negotiations.31 Most Washington observers then then expected seizure rather soon.3 s o o n . 32 2 The mines were were seized four days later" The later. As the coal dispute reached reached the the crisis point it it was a railroad stoppage not not the the coal strike that brought the first strong strong anti-labor action by by PresiPresi­ Truman. dent Truman. railroads, already running on a The railroads, 19 19 partial schedule because because of the coal shortages,33 had had received a strike notice on April 18 1 8 . 334 4 received 0 ^s rail­ As the rail- road strike date approached, May 18, l 8 , an arbitration arbitration road decision $ 1 . 22Et 8. a day wagel and a board dec i s i on of a $1 a_ day. \Vatge':' increase^ iuc·.reasa;. 8Iild 0 deferment on changes in work rules was accepted by carriers. the carriers. brother­ Eighteen of the twenty railway brother- hoods agreed to this settlement, but not the Locomotive 35 Trainmen.35 Engineers and the Railroad Trainmen. On May 15 1 5 President Truman interceded interceded telling A. Whitney of the Trainmen and A. Fe F. Whitney and Alvany Johnston of the Engineers to to Sign the contract by May 17, sign the 1 7 , or he railroads. would seize the railroads. No agreement was reached and Truman seized the railroads on May 17, 1 7 , one day and threatened strike strike.o before the threatened Immediately the PreSiPresi­ Immediately asked for and and got a five day postponement of the dent asked unsatisfied brotherhoods.3 brotherhoods.366 strike from the unsatisfied Clark Clifford, government negotiator, meeting continously and Whitney tried settle­ with Johnston and tried to arrange a settlement. ment. The representatives of the Trainmen and the Engineers were willing to accept the wage increase as carriers, but were not willing to wait accepted by the carriers, considered for changes in work rules that they considered essential.37 essential o 37 23. The strike began on May 230 govern­ The govern- ment, throught the Office of Defense Transportation, Transportation, ment, 38 immediately ordered the Army trains. immediately Army to to operate the t.rai nse 3 Truman in a nationwide radio address on May 24 20 placed the the complete blame blame for the stoppage on Whitney and Johnston Johnston.o Truman, on May 25, 2 5 , asked asked Congress for temporary power power that would allow him to draft into the Army Army any workers striking in a seized seized industry. industry. The Trainmen and Engineers Signed signed the same contract while Truman as had the other eighteen brotherhoods brotherhoods whi Ie rrruman 39 speaking.39 was speaking. railroads, now that an agreement The railroads, had been reached, reached, were returned to their owners on 26. May 26. This action by Truman was violently violently denounced by labor, labor, Since since Truman bad had been considered considered friendly to labor before. before. Whitney pledged plep.ged the Trainmen I s Whitney Trainmen's entire treasury of $47 million to to defeat Truman in $ 4 7 million 1 9 4 8 . 440 0 1948. United Mine Workers Journal said the The United draft labor proposal was was the result result of public byshys­ teria. teria. 41 4* The The miners, miners, now now that that they they worked worked in in aa seized industry feared the labor draft may be used seized them.o against them idea, though stopped The draft labor idea, by, of all people, in the Senate by, people, Robert Taft, did settle the railroad strike and pushed the miners to strike. a quick settlement of their strike. Truman, in his Truman, first definite anti-labor move, move~ made it clear to everyone the the length he would go to prevent prevent any economy. drastic disruption of the economy$ The railroad strike had another effect on the coal situation: the truceo situation: it destroyed destroyed the truce. When the 21 railroad strike stopped stopped transportation, coal mines working during the truce were forced to shut down because of a a lack of coal cars cars. o But as the the trains continued to stay away began moving again the the miners continued from the mines. mines. As the truce was was breaking down so settlement. were negotiations on a coal settlemento This was partially because the operators expected seizure when partially seized on May 18 l 8 „42 4 the railroads were seized 2 0 The breakdown is seen in Pennsylvania where of 100,000 100,000 of the truce is 2 5 , 0 0 0 were working on May 19, 1 9 , forcing miners only 25,000 U. S. S. Steel at Pittsburgh to operate at 12 1 2 percent U. capacity, and steel production production later fell to seven p e r c e n t . 43 43 percent. Another reason for for the slackening of was the the propaganda campaign campaign against negotiations was funds, that was was resulting in a movement in welfare funds, Congress, led by Senator Harry Byrd of Virginia, Virginia, to outlaw union run welfare funds.44 Government seizure the problem of the mines on May 21 did not solve the was.no assurance· assurance that.the would because there was_no that. the miners would supervision. work under government supervision. 1 9 4 3 when In 1943 Roosevelt seized the the mines the the miners would not work the governgovern­ without a contract between between their their union union and the ment. mento was, therefor~,. therefore, necessa,;ry necessary for for a governmentIt waSil UMWA contract. contract. UMWA The seizure order directed the directed Secretary of the Administrator, Interior Julius Krug, Krug, as Solid Fuels Administrator, 22 to sign an agreement with the UMWA. After extended meetings, meetings, with both the union and the operators, operators, Krug was unable to reach an agreement by the end of the truce, truce, when the few miners still working again refused 45 contract.45 to work without a contracto asked, The government asked, working. in vain, that the miners keep working. The mines Workers, deized deized in the worked by the Progressive Mine Workers, 2 1 , were returned to their general seizure of May 21, con­ owners on May 26 26 since they were under a working contract.46 46 tract. A settlement settlement of of the the strike strike was was assured assured when when A Krug and Lewis agreed on the general outlines of a contract on on May May 27. 27. contract By this this time only 227 227 of of By time only 47 working.47 seized mines mines were were working. seized 4109 4109 The strike strike was was ended ended on on The May 29 29 with with the the Signing, signing, with with Truman's Truman's approval, approval, of of May the Bituminous Bituminous Coal Coal Wage Wage Agreement of 1946, 1946, known as the Agreement of known as 48 the Krug-Lewis agreement.4^ the Krug-Lewis agreement. The necessary necessary approvals, approvals, The by the the Wage Stabilization Board and the the OPA, OPA, came came by Wage Stabilization Board. and almost immediately. immediately. almost Part of of the the OPAlS OPA's approval approval was was Part price increase increase of of 40t 40g cents cents per per ton ton that that the the operoper­ aa price ators needed to help help cover cover the increased production production ators needed to the increased costs.49 49 costs. considered the Most periodicals and newspapers consJdered agreement a "Lewis Victory. Vict orYo i1 w The United Mine Workers Journal was very happy to get the safety features and especially the welfare fund. fund. especially were, as The operators were, "deeply dismayed operators 9 journal Coal Age said, IIdeeply the operators 8 23 23 over the contract,rI contract," and the Washington Post demanded he restricted in signing future that the government be contracts with unions in seized industries.5° industries$5 0 ^ Gallup A 1 3 percent of those poll on June 1 showed that only 13 polled had a favorable opinion of Lewis$ Lewis.51 polled 51 Most E, Lilienthal, head of the people felt as did David David E .. Lilienthal, Atomic Energy Commission, that finally the coal strike was settled settled and that now production production could get going again.52 agai no 5 2 others hoped or feared that this was the Others first step in nationalization nationalization of the coal industry.53 industry.53 As is is usually case, the the settlement settlement in in the the bitubitu­ As usually the the case, minous industry industry set set the the pattern for the anthracite minous pattern for the anthracite contract that that was was signed signed on on June June 7. 7» contract The strike had had a strong impact on the American American economy economy. 0 The stoppage, stoppage, excluding the two week truce, truce, lasted 4 days. 455 days.. Coal supplies in most communities communities 1. neared exhaustion by May I" "Brown-outs" !!Brown-outs II were in effect over much of the East and Midwest. Midwest.. Heavy automobiles, dependent upon steel, steel, industry, including automobiles, hard hit when steel production declined to less was hard capacity. than ten percent of capacity.. schedules. very restricted scheduleso Railroads ran only on Freight shipments were limited to food, fuel, essentials; passenger limited to food, fuel~ and other essentials; service was only 25 percent of of previous previous service was reduced reduced to to only 25 percent schedules. scheduleso Another major major result result was that coal starved Europe, Europe, dependent on exported American American coal, coal, barely maintained itselfo The Colliery Guardian, voice of the British coal industry, warned that the Civilian "declared that no allocaalloca­ Production Administration Administration "declared entertained for the tions of coal to Europe can be entertained 194^7* month/April 194£70 current monthLApril F o r s For ome sometime timeAmerica Americahas has tl54 quota*"54 been unable unable to to contribute a full quotao j In an n a n attempt to to help alleviate the ex-New York York attempt help alleviate the problem problem ex-New mayor LaGuardia, LaGuardia, in in charge charge of of European European relief, relief, pleaded. pleaded mayor 5 0 0 , 0 0 0 tons of coal coal needed needed with the the disputants disputants for for 500,000 with tons of 55 for immediate immediate shipment. shipment.55 for Government operation of the mines was was. placed placed. in Solid the care of Secretary of the Interior Krug Krug as Solid Admistrator. Fuels Administrator Administrator and Coal Mines Admistrator. Krug named Vice Admiral(later Admiral(later Admiral) Ben Moreell to direct coal production, production, but actual operation of owner. the mines mines was was placed placed in the hands of the owner 0 The mines were to be returned to the operators when they incorporating the signed a contract with the UMWA UMWA incorporating agreement. provisions of the Krug-Lewis agreemento Few Few operators availed themselves of this provision and many predicpredic­ availed tions of a quick return of the mines to their owners dampened when most were dampened most of the the operators said they fore­ would not sign any contract until the safety and fore566 men issues issues were were settled settled to to their satisfaction. ono 5 men their satisfacti 25 The government reluctantly57 settled down to coal. producing coaL the Krug-Lewis agreeagree­ Provisions of the ment were put into action: action: the writing of aa new safety 29; 8 code was started going into effect on July 29;5 June 5 on 8 4 the medical survey under the direction of Rear on Admiral Joelmedical T. Boone. was under startedthe checking coalof town June 4 the survey direction Rear concU tions; 59 T. andBoone moneywas began to come into coal the funds Admiral Joel started checking town set up in the contracto More to than three conditions;59 d money began come intomillion the funds a n dollars hadthe been received More by August 1 by the paymaster set up in contract than three million 0 of the Navy(overseer of theby collection), but no dollars had been received August 1 by the paymaster trustees for the Welfare and collection), Retirement fund had of the Navy(overseer of the but no been appointed~ Southern operators fund refused trustees for the The Welfare and Retirement had to pay required The royalty in a operators losing attempt to to get been the appointed. Southern refused the funds declaredroyalty illegalinin Coal producpay the required a court. losing 60 attempt to get tion climbed to 12,000,000 per week in the 3000 the funds declared illegal tons in court.6° produc­ C o a l seized mines. to This record for 3000 tion climbed 1 2 , 0 0was 0 , 0 0approaching 0 tons per aweek in the summer production,,61 Theapproaching miners, fora the mostfor part seized mines. This was record working six days a week, repaying company stores summer production.^1 Thebegan miners, for the most part the $35 million credit began that had been advanced working six days in a week, repaying company stores during strikeo the $ 3 5 the million in62 credit that had been advanced September at government inSistence, the duringOn the s t r i k e .10, ^ 2 operators and the UMWA renewed talks insistence, for the first On September 1 0 , at government the 63 The time since and seizurea union position was first that it operators the UMWA renewed talks for the time seizure.^ The union position was therefore, that it had a since good contract with the government and, had a merely good contract the government and, could wait forwith a better offer from the therefore, operacould merely a better offer thethe opera­ torso These wait talks for accomplished littlefrom since tors. These talks accomplished little since the 26 operators were still divided over the acceptance of foremen. the welfare funds and the unionization of foremen. The Northern operators and the captive mine owners were willing to accept these provisions just to get their mines hack, back, but not unless the Southern owners accepted.o also accepted The Southern operators would not either idea. consider accepting ei ther idea. In the the midst midst of these meetings Admiral Moreell Moreell retired retired at the the end of September(the mines tember( the government government kept kept the the mi nes under und.er Navy administration by administration by appointing his deputy, Captain N. H. H. Collisson, Collisson, as as Coal Coal Mines Mines A dministrator).^ N. Administrator).64 Talks between the operators and the union were recessed while the miners held held their convention be­ beCity. ginning October I1 in Atlantic City. Twenty-eight Twenty-eight hundred miners, meeting without their leader, hundred miners, leader, who was downed downed with an emergency emergency appendectomy appendectomy in Wa,shWash­ ington~ passed resolutions praising Lewis· ington, passed Lewis 1 leaderleader­ ship, giving Lewis full backing on future negotiaship, tions(with one exception: exceptions any future contract must be national in coverage)~ coverage), and denouncing government government operation as "fake itfake and delusiono,,65 delusion r8 0 NOTES ON CHAPTER II II lUMWJ~ UMWJ LVII(April 1~ 1 , 1946), 1 9 4 6 ) , po p. 3; 3; Coal Age, Age, LI LI 1 9 4 6 ) , pPo127-1280 pp 127-128. (April 1946), 1 9 0 2 2Rex Lauck, John Lo Lewis and the International Rex Lauck, John L. Lewis and the International Union, Uni ted Mine Workers of America( Si 1ver Spring, Union, United Mine Workers of America! Silver Spring, Md o :International Md.:International Executive Executive Board Board of of the the United United Mine Mine Workers of America, 1952), p~ 161; UMWJ, LVII(April 1, Workers of America, 1 9 5 2 ) , p. l 6 l ; UMWJ, LVII(April 1 , 1946), ppo 3-90 ---1 9 4 6 ) , pp. 3-9* 3New 1 5 , 1946, 1 9 4 6 , po p. 1; 1 ; Washington ^New York Times Times March 15, Post, March 15~ 1 5 , 1946, 1 9 4 6 , PG p . 130 13. Post, j9 % e w York Times, Times, March 15, 1 5 , 1946, 1 9 4 6 , p. p. 1. 1. 4New 5Washington ^Washington Post, Post, March 16, 1 6 , 1946, 1 9 4 6 , p. p. 10. 10. 6coal Coal Age A g e g LI(April LI(April 1946), 1 9 4 6 ) , p. P. 127; 1 2 7 ; Washington Washington Post, March 19, 1 9 , 1946, 1 9 4 6 , po p. 115. 5. Post, 9 cito ^Lauck, Op o cito 7Lauck~ OPo Q 8New p. IS; New York York Times~ Times March March 20, 2 0 , 1946, 1 9 4 6 , p, 1 5 ; UMWJ, UMWJ, LVII(April ---LVI I (April 19 l, 1946), 1 9 4 6 K po P» 50 5> 9 9washington March 25, p. 5B; 5B; New New York ^Washington Post, Post, March 2 5 , 1946, 1 9 4 6 , p. Times, Labor Journal, Times, March M a r c h 221, 1 , 1946, 1 9 4 6 , po p 1; 1 ; wyoming-Utah Wyoming-Utah Labor Journal, 1 9 4 6 , p. 1. W-ULJ. 2 9 1946, March 299 po 10 Hereafter cited as W-ULJo 0 3 IOUMWJ LVII(April 1,.1946), p. lo I. U M W J 9 LVII(April 1 , . 1 9 4 6 ) , P* 1 0 9 ^ L a u c k ^ Qp. 158. liLauck9 OPo cit. cito~ p. po 1580 9 N e w s w e e k , XXVII(March 1 8 9, 1946), 1 9 4 6 ) , p. 8l. 12Newsweek~ XXVII(March 18 po 810 12 ~ 6 , 1946, 1 9 4 6 , p. 1 0 ; this ^ W a s h i n g t o n Post 13Washington Post~ March March 116~ p. 10; favord taking was to counter talk that the operators a percentage of the miners miners 8 wages to finance the Fund. Fund. Most of these proposals were for about percent. about seven percent. 9 8 ^ N e w York 1 9 , 1946 1 9 4 6 ,9 p. 4. 14New York Times Time~9 March March 19, po 1140 9 15Ibidoo9 po !3;· Mar~h. 2:9,.1949, 5 j b i d . g Mar~h~22, Marafcu-22, ~- 1949, 1 9 4 $ , P° 1 3 ; and. and. March 23,. 1946, p. 14<> 140 - P« 1 0 28 1 6 II bbid 16 Ma r c h 26 p. 20. i d o0, » March 2 6 ,~ 1 946 9 4 6 ,II p. 20 17The 1946), ^ T h e Colliery Guardian, CLXXII(March 29, 2 9 , 1946), p. 435 .. P. 4 3 5 . 1 8 I b i d o , CLXXII(April 18Ibido~ C L X X I I ( A p r i l 5, 5 , 1946), 1 9 4 6 ) , po p. 469. 469 19 ^ Ww --UULJ L J ,, April 129 1 2 1946, 1 9 4 6 , p. p. 4, 4 , for an example example community aid; and for the school and hospital of the community 0 , 1946 1 9 4 6 9, p. p. 20 2. operation see ibid., ibido~ May 1 10~ 9 20 20 This was the first point agreed to between the This was the first point agreed to between the UMWA and the May 14 UMWA and the coal coal operators. operators. On On May 1 4 Lewis Lewis sent sent to to all local unions the following telegram: "Operators all local unions the following telegram: "Operators yesterday conceded payment of the holiday.back pay yesterday conceded payment of the holiday.back pay amounting to approximately million dollars. amounting to approximately three three million dollars. Pay to be computed in current pay be paid Pay to be computed in current pay and and to to be paid at at next pay day. Ii See i bid. ~ May 17, 1946, po 1. next pay day." See ibid , May 1 7 , 1 9 4 6 , p. 1 , P 21New * N e w Yo~k York Times, Times, April 2, 2 , 1946, 1 9 4 6 , p. p. 1, 1 , Fuller settled was an ex-coal miner and had just previously previously settled the rubber workers dispute. dispute, 2 22washin~ton ~ptil: ~9, W a s h i n g t o n Post, Post, April: 1 9 , 1949,~P.1 9 4 6 , : P> 11; 1 7 ; ,W-ULJ, W-ULJ, po. 2. April 26, 26, 194 I 9 4 S ,~ p 2, 22 ^ N e w York Times, Times, April 8, 8 , 1946, 1 9 4 6 , p. p, 35; 3 5 ; WashingWashing­ 23New Post, April 25, 2 5 , 1946, 1 9 4 6 , p. 8, ton Post, po 8. 2 24W-ULJ, po I. ^ W - U L J , May 3, 3 , 1946, 1 9 4 6 , p, 1. 25washington 5washington Post, Post, April 14, 1 4 , 1946, 1 9 4 6 , p. p, 2M. 2M, The Progressive Mine Workers, Workers, located exclusively in Illinois, were organized in 1927 1 9 2 7 during a Southern Illinois, district. conflict between Lewis and the Illinois district. They belonged to the AFL during the period period that the UMWA had 1937-1946. UMWA had been in the CIO 010 or independent, independent, 1937-1946. 2 26Department ^Department of Labor, Labor~ The Monthly Labor Review, He view, 1 9 4 6 ) , p. 916. LXIl(June 1946)~ LXII(June po 9160 Hereafter cited Monthly Review. Labor Review. 27 1946), ^ TThhe e Colliery Guardian, Guardian, OLXXII(May CLXXII (May 10, 1 0 , 1946), po 649; p. 649°, Saul Alinsky9 Alinsky, John L. L. Lewis: Lewis: An Unauthorized Biography(New York: Go Biography (New York: G. P. P. Putnamis Putnam's Sons Sons,9 1949), 1 9 4 9 ) , p.329, p.329, shows that the union pronouncements made were not adequate. adequate. 28Time XLVII(May 13, T i m e ,, XLVII(May 1 3 , 1946), 1 9 4 6 ) , po p. 22; 2 2 ; The United 1 7 , 1946), 1 9 4 6 ) , P. p. 26; 2 6 ; W-ULJ, 3, States News, NeWS, XX(May 17, W-ULJ, May 3, 1 9 4 6 , p. p, Ip 1 sees the operators as wanting seizure. seizure. 1946, 2 8 9 29 29Newsweek, ^ N e w s w e e k , XXVII (MaY9 (May, 1946), 1 9 4 6 ) , ppo pp. 27-28; 2 7 - 2 8 ; for for W-ULJ, May 17, 1 7 , 1946, 1 9 4 6 , p. p. 1. 1. the conplete telegrams see W-ULJ, 0Time, XLVII(May 20, 33°Time, 2 0 , 1946), 1 9 4 6 ) , p. p. 15~ 15. 3 1TThe h e Colliery Guardian, Guardian, CLXXII(May 24, 2 4 , 1946), 1946), p. 716; 7 1 6 ; The United States News, News, XX(May 10, 1 0 , 1946), 1946), p. p. 41.. 4 1 . McGrady was appointed. appointed specifically to mediate mediate po fund. the welfare fund .. 1 32washington 3 Washington Post, Post, May 17, 1 7 , 1946, 1 9 4 6 , p. p. 1; 1 ; Public Public Presidents: Harry So S. Truman, Truman, II, II, 1946, 1946, Papers of the Presidents: p. 2470 247„ Papers, volume, volume, p. Hereafter cited as Public Papers, year, and page page. year, o 2 3 3 o n e must.remember; that at this time 95 9 5 percent 330ne~must~.I:.emeiDb~r>that of America r s locomotives used. America's used coal as fuel and that coal made up one-half of all tonnage carried by the railroads. railroads .. 34washington 3 4 w a s h i n g t o n Post, Post, April 26, 2 6 , 1946, 1 9 4 6 , p. p. 1. 1. lips, Ope Op. cit., cit., ppo pp. 113-115. 113-115. 35phil1ips, 36ffiashington Post, Post, May 18, 1 8 , 1946, 1 9 4 6 , p. 1 ; and 36washington po 1; 1 9 , 1946, 1 9 4 6 , po Po L1 . May 19, 37 3 71 i bbid., i d . » May 18, 1 8 , 1946, 1 9 4 6 , p. 1. p.. 10 38Ibid., 2 4 , 1946, 1 9 4 6 , p. p. 1. 1. 3 Ibid., May 24, 8 39 .. , p. 3^Lee, Op. cit cit., p . 36; 3 6 ; for a good summary of Lee , Ope Truman's anti-strike proposals see The Colliery Guardian, CLXXII(May 31, 3 1 , 1946), 1946), p 7 4 5 ; for the comcom­ Guard.ian, po. 745; plete texts texts of the the radio radio address address and and the the Congressional plete 1 9 4 6 , pp. 274-280. speech see Public Papers, Papers, II, II, 1946, ppo 274-280. 40washington Post, Post, May May 27, 4°washington 27, 1946 po 1. 1 9 4 6 1, p. 1. M W J , LVII(June 1 , 1946), 1 9 4 6 ) , p. 4 U1UMWJ, LVII(June 1, po 88 . 4 1 0 1 9 , 1946, 1 9 4 6 , p. 1. 4 washington Post, 42washington Post, May May 19, p. I. 2 443Ibid 3 i b i d .. p. 2M... Po 2M Q ? 0 , 11946, 9 4 6 , p. 2 ; and , 11946, 946, , May May 220, po 112; and June June 22, full page page ad ad of of select select editorials ed.1 toria1s against 444See 4 s e e full welfare welfare fund fund run run by by the the National National Coal Coal Association Association in in ibid., May 0 , I1946, 9 4 6 , p. 1 0 ; and 1 , 1946, 1946, May 220, po 10; and ibid., ibid q May May 221, po 11,, for for aa thoughtful thoughtful analysis analysis of of the the welfare welfare 'fund p. fund... 30 30 45Ibid 4 5 i b i d .. ~.. MSJ,y;..29,.1949"P$.l; May.2$,. 1 9 4 6 , p.-I; .ttExecutive "Executive 'Order Order No. 9728," 9 7 2 8 , " Federal Register, Register, 11 1 1 F.R$ F.R. 5593. 5593a 9 46Co~1 4 C o a l Age, Age, LI(June LI(June 1946), 1 9 4 6 ) , p. p. 1116. 16. 6 47washington The num47Washington Post, Post, May 28, 2 8 , 1946, 1 9 4 6 , p. p. 1. 1. num­ ber of seized seized mines varies since some were returned to their owners when they signed agreements with with the signed the National BituminBitumin­ UMWA. These mine owners signed ous Coal Conference agreements as individuals not as Producers Association. Association. part of a larger Coal Producers' 1 8 See appendix, 44^See appendix, document I, I, for Krug-Lewis Krug-Lewis agreement. agreement. 49UMWJ, LVII(June 49UMWJ, LVIl(June 1, 1 , 1946), 1 9 4 6 ) , p. p. 8; 8; washington Washington Post, Post, June-I, June 1 , 1946, 1 9 4 6 , po p . 20 2. 5 0UMWJ, LVII(June 1 9 4 6 ) , p. p. 3; 3 ; Coal Coal Age, Age, LI LI 5°UMWJ, LVII(June 1, 1 , 1946), (June 19.ibT, 1 9 4 6 ) , p. p. 65; 6 5 ; Washington Post, Post, May 31, 3 1 , 1946, 1946, p. 16; torials in p. 1 6 ; also also see see edi editorials in The The New New Republic, Republic, CnIV CXXIV (June 10, XLVII(June 1 0 , 1946) 1 9 4 6 ) p. p. 822; 8 2 2 ; and Time, Time, X L V I K J u n e 10, 10, 1946), ---1 9 4 6 ) , p. p. 25. 25. 5 11washington This w a s h i n g t o n Post, Post, June 1, 1 , 1946, 1 9 4 6 , p. p. 4. 4. was almost in was almost exactly exactly the the percentage percentage of of workers workers in 1946, unions in 1946. 5 2DDavid a v i d Eo E. Lilienthal, Lilienthal, The Journals of David E. E. Lilienthal, II(New York: York: Harper & & Row, Row, 1964), 1 9 6 4 ) , p. 56. Lilienthal, p. 56. 2 5 3 f l e w s w e e k , XXVII x x v i I ((May M a y 27, 2 7 , 1946), 1 9 4 6 ) , p. p. 20; 2 0 ; Time, Time, 53Newsweek, 1 9 4 6 ) , p. p. 17; 1 7 ; Coal Age, Age, LI(Augusr-[946), LI(August 1 9 4 6 ) , XLVIl(May 27, 2 7 , 1946), XLVII(May pp... 66-71; 6 6 - 7 1 ; The Colliery Guardian, Guardian, CLXXII(SeptemCLXXII(Septem­ pp ber 20, 1 9 4 6 ) , pp.396-370. pp.396-370. 2 0 , 1946), C L X X l K A p r i l 5, 5 , 1946), 1 9 4 6 ) , p. p. 469. 469. 5 4 i i d .o ,, CLXXII(April 54Ibid P 55Washington April 223, ^ W a s h i n g t o n Post, April 3 , 1946, 1 9 4 6 , p. p. 117. 756Ibid., Ibido, June June 1, 1 , 1946, 1 9 4 6 , p. p. 2. 2. 6 57Time, 5 7 T i m e , XLVIII(September XLVIII(September 2, 2 , 1946), 1 9 4 6 ) , p. p. 17; 1 7 ; DeDe­ partment of the Interior, partment Interior, Bureau of Mines, Mines, Federal Code, 1953.. 1953Mine Safety Code, Without marked revision this is the safety code set up under the Coal Mines AdAd­ 1946, ministration in July 1946. 8 W-ULJ, August 9, 558w~ULJ, 9$ 1946, 1 9 4 6 , p. p. 11 •. .. 31 S9UMWJ po 1140 ^ U M W J ,, LVII(June L V l K J u n e IS, 1 5 , 1946), 1 9 4 6 ) , p* 4* 60 ° WW_ULJ U L J ,, August August 16, 1 6 , 1946, 1 9 4 6 , p. p. 3. 3. 6 = 61Time, XLVIII(September 2, p. 117. T i m e , XLVIII(September 2 , 1946), 1 9 4 6 ) , p. 76 1 62Coa1 Mining, XXIII(May XXIII(May 1946), C o a l Mining, 1 9 4 6 ) , p. p. 7. 7. 6 2 63Newsweek, 3 e k , XXVIII(September XXVIII(September 16, 1 6 , 1946), 1 9 4 6 ) , p. p. 84. 84. 6 N e w g w e 64UMWJ, 4 U M W J , LVII(October LVII(October 1, 1 , 1946), 1 9 4 6 ) , p. p. 3; 3 ; Moree11 Moreell accepted the presidency accepted the presidency of of a a large large construction construction comcom­ pany, Newsweek, XXVIII(September XXVIII(September 30, 3 0 , 1946), 1 9 4 6 ) , p. p. 74. 74. 6 6STime 6 5 T i m e ,, XLVIII(October 14, 1 4 , 1946), 1 9 4 6 ) , p. p. 25; 2 5 ; UMWJ, UMWJ, LVII(October IS, pp. 1-9; Newsweek, XXVrrr1 5 , 1946), 1 9 4 6 ) , pp. 1 - 9 ; Newsweek, XXVIII 1 4 , 1946), 1 9 4 6 ) , p. 40. (October 14, po 40. CHAPTER II III: RELATIONS CHA.PTER I: BREAK BREAK IN SWA-GOVERNMENT ~A-GOVERNMENT RELATIONS 1 9 4 6 saw renewed conflict between The fall of 1946 the UMWA UMWA and the government,, government e in­ It revolved around in- terpretation terpretation of the Krug-Lewis agreement and, later, later, the revival of the use of the injunction in labor disputes" disputes. As with the earlier railroad railroad strike, strike, President used his prestige prestige and power to President Truman used break a strike strike.o The dispute arose on October 14 1 4 when Lewis accused breaking the Krug-Lewis accused the government government of breaking Krug-Lewis agreement agreement through unilateral interpretation. He stated that Krug's miSinterpretations of the vacavaca­ K r u g s misinterpretations 8 tion clause and the method computing welfare fund method of computing payments were direct violations of the contract. He asked for a meeting meeting on November con­ asked November 1 to reopen the conof; proposed chapges changes... 1 1 tract for inclusion of:prpposed de­ His de- mand for new negotiations was based based on part 1 of the carried forward forward those Krug-Lewis agreement that carried 1 9 4 5 agreement no amended supple­ parts of the 1945 amended or supplemented.o mented This, included Section 15 15 This, Lewis argued, included 1 9 4 5 agreement that states in part: part: "at any of the 1945 1 , 1946, 1 9 4 6 , either party may give ten time after March 1, negotiating day's notice in writing of a desire for a negotiating 33 conference upon upon matters matters outlined in said notice. notice. The u2 other party party agrees to attend said said conference conference. o tl2 Krug, Krug, on a western inspection (campaign) tour, tour, received the notice notice in Amarillo, Texas. Texas. He wired Lewis that the Krug-Lewis agreement runs for the term of government operation and cannot be reopened reopened.o He said however, be be willing said that that he he would, would, however, willing to to meet meet Lewis Lewis anytime November 5, anytime after after November 5 , election election day., day. At the At the same same time time in in Washington, Washington, Captain Captain Collisson Collisson rejected rejected any any idea idea of of reopening reopening the the contracto contract. Collisson Collisson said said that that all under the all interpretations interpretations of of policy policy under the Krug-Lewis Krug-Lewis agreement had had been been agreed to by by all interested agreed to interested parties. parties. He agreed the union's unionws interpretation interpretation of pro-rata vava­ cation pay was correct and ordered that the decision ordered that of an Illinois umpire on the question, favorable to adoped as government policy. the UMWA, be adoped policy., de­ This de- immediately challenged, challenged, cision on vacation vacation pay was immediately unsuccessfully, by the operators because they felt partial.3 the umpire that made the decision was partial,,3 Krug notified notified Lewis that the only way to to meet Lake, on November I1 was for Lewis to come to Tule Lake, California, where where Krug would be on November November 10 would be 1. according to the Lewis rejected this saying that accord.ing Washington. contract all meetings must be held in Washington. telegram on October 22: He sent Krug the following telegram 22: 34 "Failure on your your part to honor this meeting meeting will constitute another breach of the contract and will void "4 void the Krug-Lewis agreement agreement."4 0 The real threat of a strike on November I, 1 before the election, now 9 faced the Administrationo Administration. President Truman now faced an unpleasant decision: He could back Krug letting a strike decision: occur five days before the election or he could back down from Lewis when one of the Republicans main arguments against the Democrats was that the labor. Democrats were appeasing labor.. ordered Truman ordered election.5 Krug to find a solution before the election .. 5 At time he asked asked Attorney the same time. Attorney General Clark for Lewis" demands demands.. an opinion on the legality of Lewis· On e • October 29 Clark reported reported to Truman that he felt contract 6 Lewis had the legal right to reopen the contracto Krug, Krug in the mean time under direct orders 9 from Truman to somehow avert the strike, strike, realized Lewis. his mistake of not meeting Lewis. He notified Lewis that, although it was impossible for him to be back that, 1, his deputy Captain in Washington by November November 1, UMWA. Collisson would meet with the UMWAo Lewis replied telegram to Krug that lIunder "under these conditions conditions in a telegram un­ Krug-Lewis agreement remains effective and unchanged during period of negotiations negotiations."7 changed .. "? The Administration bad had stopped a pre-election pre-election strike, strike, Administration 35 but its ambivalance ambivalance to and seemingly capitulation capitulation before Lewis did did not help the Democrats in the electiono election. The Republicans won control of the House 246 to 189 189 division and the of Representatives by a 246 45. Senate by 51 to 450 The meeting on November 1 between Oaptain Captain Oollisson vice-president 08Leary Collisson and UMlVA UMWA vice-president O'Leary deadlockdeadlock­ ed on what the meeting represented. represented o The union concon­ tended that the holding of the meeting was an admisadmis­ Lewis' interinter­ sion by b.Y the government in support st~port of Lewis' pretation of the Krug-Lewis agreement. pretation Collisson Oollisson prob­ insisted that the meeting was only to discuss prob- lems not to negotiate changes in the existing conQ terct. S Other meetings with Oollisson were held' terct. Other meetings with Collisson were held 70 The union, insisting on and 7 . The union, insisting on on November 4, 6, and on November 4, 6, negotiation, asked for a reduction of the standard negotiation 9 asked for a reduction of the standard work week from 54 to 40 hours with no loss in pay. work week from 54 to 4 ° hours with no loss in pay. The government responded that it could not change The government responded that it could not change these: conditions because this would require rethese conditions because this would require re­ opening the contract o opening the contract. Krug and Lewis finally met on November 11, Krug and Lewis finally met on November 11, at which time the union presented its proposed conat which time the union presented its proposed con­ tract changes directly to the Coal Mines Adminis- tract changes directly to the Coal Mines Adminis­ tratoro trator. At a second meeting on November 13, Krug At a second meeting on November 1 3 , Krug asked that the union begin negotiations with the asked that the union begin negotiations with the operators and that the union postpone any strike for operators and that the union postpone any strike for 60 60 days after which time the government would return the mines to their owners even if no contract was reached,o reached UMWA did not bave have Lewis replied replied that the UMWA a contract with the operators and that he wished govern­ changes in the contract it did have with the government, rather rather than than negotiate contract with with the the ment, negotiate aa new new contract operators.99 operators. The UMWA, UMlfA, on November 15, 1 5 , exercising what~it' what 1 it considered considered its right under the 1945 1945 contract, contract, terminated terminated the Krug-Lewis agreement on November 20 20,e On the same day, November 15, day, November 1 5 , the President, with Cabinet support, decided yield to to decided that it would not yield Lewis, Lewis8 reasons: he blamed blamed Truman did this for two reasons: feared any the election results on Lewis and he feared continued government support of Lewis would would mean continued mines operation of the mineso 0 Truman would, if necessary out­ to prevent the walkout, invoke the provisions out- 10 government,! lawing strikes against the government. 0 The it, did government, though it had bad the law behind behind it, i n e r s 8 support, and thus froze coal not have the mminers 8 supplies for essential use use only, expecting the worst, worst. Krug announced announced the mines would remain in operation and asked the miners to stay at work. work. General, reversing himself, Attorney General, himself, decided that Krug-Lewis the UMWA UMWA could not legally end the Krug-Lewis The 37 agreement, and. November 18 and on November 1 8 secured a temporary temporary injunction, from Judge To Alan Goldsborough of the District Court of Washington, restraining Lewis from ending the contract for at least nine days and re­ restricting the UMWA publicising its position. UMWA from publicising p o s i t i o n .11 11 Despite miners did Despite the the injunction injunction the the miners did not not work work on on November 21 2 1 ~. Since the UMWA UMWA does not, not, in its frame of referrefer­ ence, call strikes the injunction had no force. force. The injunction had ordered ordered Lewis to withdraw the notice that the Krug-Lewis Krug-Lewis agreement was no longer in force. force. Lewis maintained maintained that this this was not a strike call only information. for the the miners. miners. information.for AFL president William UMWA philosophy William Green supported supported the UMWA philosophy when he stated, "The miners miners have have individually individually discontinued discontinued work on their their own initiative, and without orders from whatsoever from any any source source w h a t s o e v e r.. .1112 1,12 The miners had had again The miners again struck following their their "no uno contract, no work" work" dictum upon notice notice from John L. LQ Lewis that there there was was no contract. contracto On November November 21, petition from Attorney 2 1 , upon petition General Clark Judge Goldsborough ordered Lewis and Clark,g Judge the UMWA UMWA to show cause, November 25, cause, on November 2 5 , why they whould not not be be punished punished for contempt .. contempt of court court. November 25 25 passed passed with Lewis still defying the order~ order. His contempt trial was set for November Z7 27 continued for three dayso13 days.*3 and continued At the the trial, trial, the union, by AFL union, represented by counsel Joseph A..Padaway A.o ,Padaway and UMWA UMWA chief counsel Welly K. K. Hopkins, Hopkins, based its defense on the idea that the the court order was invalid because because it was was a violation of the the Norris-LaGuardia Norris-LaGuardia Act of 1932 1 9 3 2 that forbids the power power to to issue forbids any any court court the issue any any injunction injunction in .. 14 in a a labor labor dispute dispute.14 The UMWA contended that the The UMWA contended that the injunction was illegal then failure injunction was illegal then failure to to obey obey the the injunction not be e injunction could could not be considered considered as as contempt contempt. The government said that the the Norris-LaGuardia Norris-LaGuardia Act The government said that Act did did not not apply apply to to the the government government as as employer employer nor nor could be construed could it it be construed to to prohibit prohibit injunctions injunctions to to protect public welfare.*5 welfareo 15 protect the the public On November 29 on November 29 Judge Judge Goldsborough ruled against motion to Goldsborough ruled against a a union union motion to dismiss dismiss the union1s grounds the case case and and denyed denyed the the union's grounds for for ignoring ignoring the order.. order. On the same day the government got a ten day extension of the injunctiono 16 1 fi day extension of the injunction. Meanwhile the strike continued" As during the Meanwhile the strike continued. As during the spring strike there were no pickets nor any dis- spring strike there were no pickets nor any dis­ turbances~ The union 9 as usual, allowed maintain- turbances. The union, as usual, allowed maintain- ence men and clerical workers to remain on the ·job ence men and clerical workers to remain on the job to facilitate the return to work and to keep the to facilitate the return to work and to keep the workings in a save condition~ Many miners workings in a save condition. Many miners 39 appreciated break since, appreciated, the the work break since, in in most mining areas, was in areas, the the hunting hunting season season was in effect~17 effect. Whi Ie the the UMWA UMWA and and the the government government were were in in court, court, While Edward Burke, Burke, president president of of the the Southern Coal ProPro­ s ducers proposed aa resumption of ducers Association, Association, proposed resumption of 8 negotiations between the the UMWA UMWA and and the the operators. operators. The other members of the association, hoping hoping that of the the government would would weaken weaken the union, were in the union in no no 9 mood to to negotiate.. negotiate. The Association Association directors directors stated: "When operation of of the the mines mines is isresumed., resumed, then the a the question of of an an orderly negotiation of of a collective bargaining bargaining agreement will become an an appropriate oneo But not not while while the o n e . ll18 " But the government government 1 is fighting the the operators operators II battle with the UMWA. UMWA. 8 Burke was resign his position position on was forced to to resign on DecemDecem­ ber 4* 4. On December the December 3 Judge Goldsborough Goldsborough ruled that the UMWA and and Lewis were guilty of of contempt~ contempt. UMWA In an an In unusual step he of both sides for he asked the the counsel of for to determine the the sentence sentence. a meeting to o The following following The day the $3^500^,000, which represented represented the UMWA UMWA was fined $3j5009000, $250 000 per per day day for for the the 14 14 days the $250,000 the union refused f to comply comply with with the court ordero order. to the court was fined fined Lewis was Lewis $10,00 personally personally for for civil civil and criminal contempt. contempt. and criminal The injunction injunction was extended indefinitely.. indefinitely. The was extended In the the In 40 decision the judge said that Lewis "willfully, "willfully, wrongly, and deliberately tted ll the strike deliberately permi permitted" to continue that Itcaused will continue to cause "caused and will irreparable injury to to the the plaintiff, plaintiff, to the people of the United United. States and and to the industry and econecon­ omy United States.,1f19 omy of of the the United States."*9 UMWA posted the UMWA attorneys filed an appeal and posted December 6 . required bonds on December 0 gov­ Both union and gov- ernment attorneys sought immediate Supreme Court consideration by filing a writ of certiorari to consideration A p p e a l s .20 bypass the Circuit Court of Appealso 20 In a statement on December December 7 Lewis ended the 17 day walkout. walkouto The miners would would return to to work under the conditions of the Krug-Lewis Krug-Lewis agreement until March 31, 3 1 , 19470 1947- He sent the miners back to work so that the Supreme Court "during its period of deliberation deliberation . .e .o be free from public pressure • superinduced by the hysteria and frenzy of an superinduced crisis. exonomic crisis.. In ad.d.i addition, tion, public necessity quantitative coal." requires the quanti tative production of coaL 11 He UMWA tlto "to negonego­ also stated the willingness of the UMWA bituminous tiate a new wage agreement for the bituminous industry with such parties as may demonstrate their authority to do so, so, whether it be an alphabetical alphabetical authority United States Government Government or the agency of the United 41 associated But neither neither would would associated coal operators"u21 operators." But 1 its desire to to negotiate, negotiate, as as the govern­ demonstrate its the governfor the the Supreme Court decision and ment was was waiting for and operators, lmowing knowing the the Supreme Court decision decision the operators, off, hoped the the new was aa while off, new Congress would pass of law law restricting unions. some type of restricting unions e The Supreme Court accepted the the case and the and set set the hearing of the contempt proceedings for for of arguments on the contempt proceedings January 14, 1947~ 1 4 , 1947• The based its in The union based its arguments in three areas: had no no power areas: first, first, the the District Court had to issue the the injunction under the the Norris-LaGuardia Norris-LaGuardia Act and the Clayton Act; the rights of the and the Act; second, the of the union under the the first, first, eighth, and and thirteenth amendamend­ ments were violated the union could not not pubpub­ violated because the its position, it it did did not licize its not have aa jury trial in criminal contempt charges, charges, and and the as required in the involuntary servitude; servitude; injunction made coal mining involuntary even if if the the injunction was was valid the and lastly, eveJl the and unusual punpun­ fines were excessive, thus cruel and ishment.o 22 ishment 2 2 The Supreme Court considered the considered the the case of of the United States vs. VS o United Mine Mine Workers of so of America America so important tradition in handing down a a important that it it broke tradition in handing decision(the 1 9 3 2 ) .~ mid-week decision( the first since 1932) On March 6 the the Supreme Court, in in a a split decision, decision, 42 on all points except that ruled against the the union on the UMWA excessive.o The the fine against the UMWA was excessive The decided: Court decided: 10 was not the Norris-LaGuardia Norris-LaGuardia Act was not 1. That the intended to to apply to United States as intended to the United as employer. The The court divided divided 5 to an employer" to 4 on on this question, with Justices Rutledge and and Frankfurter Frankfurter dissenting dissenting. o 2. .. District Court bad 2 . That the Uo. S S* had the the to issue a a restraining order to pre­ right to to preserve existing conditions while it it considconsid­ its own authority., authority. The The vote on on this ered its ered question was 7 to to 2 2,, with Justices Murphy and Rutledge dissenting" dissenting. 30 in governmentgovernment3» That miners working in seized mines are U. Uo So S. employes. employes. This dede­ cision by by a a 6 to to 2 vote, vote, with Justices Justices and Frankfurter Frankfurter dissenting.. dissenting. Justice Murphy and no opinion on on this expressed no Rutledge expressed question... question OoK^'d the merging of of civil 4 . The 40 The court 0"K0'd in a a single proceedproceed­ and criminal contempt contempt in The vote vote was was 77 to to2,2 , with with Justices Justices ing. The ing., and Rutledge dissenting dissenting. Murphy and .. 50 was 5* The The fine of of $10,000 against Lewis was affirmed" affirmed. The The fine of of $3,500,000 against to $700,000 for for crimcrim­ the UMWA UMWA was reduced reduced to UMWA inal contempt, conditional upon the the UMWA is contract termination notice, notice, withdrawing wi thd.rawing is and thereby thereby purging of contempt, contempt, purging itself of the within five days after issuance by by the Court of of a a mandate, Supreme Oourt mandate, otherwise the the stands* 3 $3,500,000 stands,,2j 2 The Court divided divided on on all issues., issues. Only Chief Justice Vinson and Reed and and Justices Reed and Burton agreed points. on all points.. and Rutledge disdis­ Justices Murphy and way. sented all the way" The dissenters agreed that the the Norris-LaGuardia Act bars any any injunction, even by NorriS-LaGuardia by as a a consequence, Lewis did the government, and, as did to obey the the restraining restraining order, order, and and that, that, not have to no fines whatsoever should should be be imposed. imposed. therefore, no 43 Comment upon the the decision was Comment upon was generally favorfavor­ able. able* The The House of of Representatives broke into cheers hearing the cheers on on hearing the decision,,24 decision.^ Time it Time called called it an "appropriate decisiono tl255 The decision,, " The coal operators operators 2 wer~ surviving co-author co-authorof of were very pleased~26 pleased. ^ The h e surviving 2 T the act act in in question, Fiorello LaGuardia, said that in its its interpretation interpretation of the decision was was correct in of Congress r intent when the the bill was in 1932.27 1932.^ Congress was passed passed in 1 All of this mattered mattered little to to the press that of this the unIon union press 28 reacted as if all unions now would be destroyed. reacted as if all unions now would be destroyed. Lewis· defeat was completed, when on March 19 Lewis 8 defeat was completed, when on March 19 he sent the following statement to Krug and the he sent the following statement to Krug and the miners: liThe notice of November 15, 1946, terminminers: "The notice of November 1 5 , 1946, termin­ ating the Krug-Lewis agreement as of November 20, ating the Krug-Lewis agreement as of November 20, 1946, is hereby unconditionally withdrawn." 29 1946, 2 is hereby unconditionally withdrawn." 9 This This invalidated his statement of December 7, 1946, that invalidated his statement of December 7* 1946, that ended the contract on March 31, 19470 Lewis had ended the contract on March 3 1 , 1947° Lewis had now purged the UMWA of criminal contempt thus now purged the UMWA of criminal contempt thus paving the way for a reduction of the December 4 paving the way for a reduction of the December 4 fine to $700,000" The UMWA petitioned Judge Goldsfine to $700,000. The UMWA petitioned Judge Golds­ borough on March 25 for the $2 9 800,000 refund.,3 0 borough on March 25 for the $2,800,000 refund.3° The government returned the securities on April 24, The government returned the securities on April 24, when the government attorneys said they had no when the government attorneys said they had no objections. objections. NOTES ON III ON CHAPTER CHAPTER III lNew Times, October *New York York Times, October 22, 1946, pp. pp. 1, 17. 17. o 2See National Bitum^See appendix, appendix, document document I; I; and and National Bitum­ inous Coal Wage Agreement, 1945, in National BitumBitum­ inous Coal Wage Agreement, 1945* i» National inous Wage Agreement, 1941-1950 inous Coal Coal wage Wage Conference, Conference, Wage Agreement, 1941-1950 (Fairmont, WoVao: Commercial Printing (Fairmont, W o V a „ : Commercial Printing Co., Co., n.d.), n.d.), pp. pp. 105-118 105-118, 0 -%ew York Times, Times October 22, 1946, po p„ 17. 17. 3New 9 4~j 4uMWJ, LVII(November LVII(November 1, 1946), p. p . 3. 3. 5New p. 26. ^New York Times, Times. October 25, 1946, p. 26. Ibid.• , October 6^Ibid., po. 8; October 26, 1946, p 8; and and October October 30, 30, 1946, 1946, p,. p T T1.T 7IIbid", 1 .. b i d , October October 29, 29, }949, 1946, p P*.. X. 7 < 3 BuMWJ, UMWJ, LVII(November 15, 1 5 , 1946), 1 9 4 6 ) , pp. p p . 3, 111. 1. 8 ^This proposal by the President, 9Thls proposal was was endorsed bI' the President, II, 1946, pp. pp. 481-483; 481-483; W-ULJ, W-ULJ, see Public Papers, Papers, II, November 15, p.. 50 1 5 , 1946, p 5. 10Newsweek, p.. 29. N e w s w e e k , XXVIII(November XXVIII(November 25, 1946), 1946), p 29. 10 11Time pp. 23-24; T i m e ,, XLVIII(November XLVIII(November 25, 1946), 1 9 4 6 ) , pp. Labor Cases(New House, Inc., Inc., Labor Cases(New York: York: Commercial Commercial Clearing Clearing House, 1947), XI, 63,438 Cited Cases 63,438. 1947)» XI, 63,4380 Cited 11 11 Labor Labor Cases 63,438. 1 2NNewsweek, XXVIII(December 2, 2, 1946), po. 30. e w s w e e k , XXVIII(December 1946), p 30. 1 1 0 12 13Time, 3 x 1 1 1 1 6 , XLVIII(December XLVIII (December 2, 2, 1946), po p . 19; 1 9 ; Coal Coal po 1190 Age, LI(December LI(December 1946)9 1946), p 119* The The UMWA UMWA had had obeyed obeyed that part prohibiting publicity publicity of of of the the injunction injunction prohibiting that part of as seen when had said nothing at its actions as when Lewis had at and the was not not published for December I)) l all and the UMWJ UMWJ was published for 1946. See 11 11 Labor Labor Cases Cases 63,457 for for refusal refusal of of Court Court See out the case.. to throW throw out to the whole whole case. 1 0 9 o 14See American Federation*4see appendix, document II; II; American 1 9 4 6 ) , pp. 1 6 - 1 7 ; James Free, Free, ist, LIII(December LIII(December 1946)~ pp. 16-17; iiLewis v .. Truman~ II The New Republic, CXV "Lewis v. T r u m a m Round. Round Two, Two," The New Republic, CXV p p 718-7190 718-719T ~ (December 2, 1946), ppo 0 45 l5Coal 119~ •'Coal Age, Age, LI(December LI (December 1946)~ 1 9 4 6 ) , p~ p. 1 19. l6The ^ T h e Colliery Colliery Guardian~ Guardian. CLXXIII(December CLXXIII(December 6, 6, 1946), 1 9 4 6 ) , po p 760; 760; 11 11 Labor Cases 63~459o 63,4590 17Newsweek, ^ N e w s w e e k , XXVIII(December XXVIII(December 2, 1946), 1 9 4 6 ) , p~ p 30. 30. a l8The T h e Colliery Colliery Guardian~ Guardian,, CLXXIII(December CLXXI 11 (December 6, 6, 760. 1946), pp... 760" 1 Q 19See *9see 11 11 Labor Labor Cases Cases 63,459 for for contempt contempt judgejudge­ and Labor Relations Reference Manual Manual(Washington: ment and (washington: Bureau of of National Affairs, Inc", Inc., 1947), 1 9 4 7 ) , XIX, XIX, 20b6. 2086. Bureau Cited 19 LRIm LRRM 2086 2086. 0 20~, U M W J , LVII(December LVII(December 15, 1 5 , 1946)~ 1 9 4 6 ) , ppo pp. 12-13. 12-13. 20 b i d ", , po p . 4. 4. 21IIbid 2 1 a 22w-ULJ, W - U L J , January January 10, 10, 1947, 1947, po P. 1. 1. 22 23UMWJ, 3UMWJ, LVIII(March LVIII(March 15, 1 5 , 1947), 1 9 4 7 ) , p. P. 3; 12 Labor Labor 5 1 , 2 3 9 for for deci decision on (U" (U, s., S., 67 s. S. at Ct. 677). 677). Cases 5r;239 Cases sion on 2 0 24Newsweek, ^ N e w s w e e k , XXIX(March 17, 1 7 , 1947), 1 9 4 7 ) , p. P. 30" 30* 25~, XLIX(March 17, T i m e , XLIX(March 1 7 , 1947), 1 9 4 7 ) , po P* 21. 21. 2 5 26 ^ CCoa1 o a l Age, Age, LII(April LII(April 1947), 1 9 4 7 ) , p. P. 129. 129. XLIX(March 17, 27 po 220 Time, XLIX(March ^Tirae, 1 7 , 1947), 1 9 4 7 ) , P» 22. 28UUMWJ p. 3; ^ M W J ,, LVIII(March LVIII(March 15, 1 5 , 1947), 1 9 4 7 ) , P« 3; American American FederatIOiiTst, LIV(April 1947), ppo 16-17_ Federation!st, 1 9 4 7 ) , PP» 1 6 - 1 7 . --UULJ, L J , March 1 , 1947, 1947, p 1. 29WW March 221, po. 1. 29 30UMWJp °UMWJ, LVIII(April 1, 1947), 1 9 4 7 ) , po P° 50 5» 3 CHAPTER IV: RELEASING RELEASING OF THE MINES CHAPTER IV: AND THE 194.3CONTRACT ANID 194~j- CONTRACT President Truman announced on December 31, 31* 1946, 1946, that World World War war II hostilities host!li ties' had had ended.. ended. This statestate­ ment affected the coal industry in two direct ways: ways: first, first, the seizure power of the government under the Smith-Connally Act expired expired on June 30 3°^9 1947, 1 9 4 7 > and a Smith-Connally n d second^ with the government stepping out, out, the operoper­ second, UMWA were forced forced to negotiate a concon­ ators and the UMWA industry.*1 tract for the industry. nego­ But the operators operators l nego8 committee was badly split. split. tiating committee The Northern and operators meeting on captive operators had, at an operators' 1 1 9 ? responded Lewis* earlier December 19, responded favorable to Lewis' negotiations.o request for immediate negotiations Southern The Southern and Western operators refused refused to consider any any meetmeet­ and Western operators to consider ings with with the the Supreme Supreme Court Court decided decided ings the UMWA UMWA until until the the Lewis Lewis contempt contempt case case and and until Congress acted acted on on the until Congress labor legislationB legislation 2 labor 2 By January 19 had 1 1947, 1 9 4 7 * the western Western operators had 9 joined the the Northern Northern and joined and captive captive operators operators in in asking asking the UMWA UMWA for contract negotiations covering their mineso mines. This group represented represented about 65 6 5 percent of America's coal production,,3 production o 3 The union, union, limited to a 1 9 4 6 convention, said that national agreement by its 1946 47 the operators were lIall "all committed committed under previous nation­ agreements to negotiate a wage agreement on a nation- al basis.,"4 basis "4 a The situation remained deadlocked situation remained deadlocked while Congress talked and the Supreme Court deliberated. deliberated. With the strike set for April l(under 1(under Lewis Lewis 8 8 December December 7 7 statement), Representative Gerald Landis (R.-Ind upon Truman Truman in February (Ro-Indo )) called upon February to get the 0 disputants together* together., Senator Homer Capehart(R.-Ind.) Capehart(R.-Ind.) on February hearings on why there February 28 28 asked for Senate hearings had been been no negotiations. negotiations. Lewis responded responded that he had been been willing to talk since December December 7, 7> but had received received no word word from either the operators or the government government on negotiations.,5 negotiations,5 Coal Mines AdminisAdminis­ trator Collisson to Congressional inquiries, Collisson in reply to inquiries, said that although ther were no valid valid reasons why negotiations were were not not being held, he could. could find no immediate prospect for an UMWA-operators immediate prospect UMWA-operators agreement agreement that would would insure a return return of the mines. mines. The Supreme Court decision on March 6 assured assured that there would would be no strike on April 10 1» The next day, day, March 7~ 7? Lewis told the Senate Labor Committee Committee in hearings on the Taft bill that the government government had stepped bargaining to protect stepped in to stop collective bargaining the operatorso The mine owners, owners, he said, were very satisfied had satisfied with seizure since the coal operators had received record 1 9 4 66 ^ received record profits in 1946. The statement by Lewis Lewis on March 19, purging the 1 9 , purging UMWA UMWA of contempt, removed one of the major obstacles obstacles to negotiations. negotiations.. With the the Lewis case decided and With the proposed proposed labor control bill bill still in committee, committee, the Southern operators let it be be known known that they were now willing to to negotiate a contract.. contract. The presipresi­ dent of a large Southern coal company company stated stated that the Southerners were anxious to to sign a contract with the UMWA would end government control, UMWA that would control, but were not willing willing to to sign a contract written written by someone else .. 7 else.7 They insisted on a separate contract because of non-competitive non-competitive transportation costs. costs. All attempts at negotiation negotiation evaporated evaporated with explosion at Centralia, Illinois, Illinois, on March 25. 25. the explOSion Centralia Coal ComThis coal dust explosion explOSion in the Centralia Q pany mine number five killed III men"S The tragedy pany mine number five killed 111 men„° The tragedy gave Lewis an excellent bargaining point.. He gave Lewis an excellent bargaining point. He attacked the government~ who operated the mine, and attacked the government, who operated the mine, and especially Krug, for not living up to the Federal especially Krug, for not living up to the Federal safety code of 1946 0 safety code of 19460 Lewis r outbursts were for Lewis 8 outbursts were for public consumption in an attempt to get the public's public consumption in an attempt to get the public's support for union demands for safety provisions in support for union demands for safety provisions in its upcoming contract with the mine owners" The its upcoming contract with the mine owners. The incident was used against the operators in a similar incident was used against the operators in a similar way., 9 The disaster also gave Lewis the opportunity way.9 The disaster also gave Lewis the opportunity 49 to call a week long "memorial umemorialu strike beginning beginning on 11 1o Apri 1 10 10 April I . 1 The memorial mourning period. was violentThe memorial mourning period was violent­ ly denounced by the Coal Mines Administration and the ly denounced by the Coal Mines Administration and the operators as a violation of the Supreme Court mandate operators as a violation of the Supreme Court mandate against an April I strikee 11 The Justice Department against an April 1 s t r i k e . The Justice Department 11 decided otherwise allowing the return of the UMWA decided otherwise allowing the return of the UMWA fine on April 240 fine on April 24. Krug, attempting to save face for the governKrug, attempting to save face for the govern­ ment, ordered, on April 4, the closing of 518 mines. ment, ordered, on April 4? the closing of 518 mines. These mines, producing 616,000 tons daily, had been These mines, producing 6l6,GOO tons daily, had been declared unsafe by Federal mine inspectors,,12 They 12 were to remain until mine they inspectors. could be rendered declared unsafe closed by Federal They safe. to Lewis~ reopened his were remain seeing closed Krug untilretreat, they could be rendered vitriolic attacks on Krug him saying thatreopened Uthis ishis Krug's safe. Lewis, seeing retreat, deathbed of negligence~ vitriolic confession" attacks on him saying that Krug "this under is Krug's pressure retreated further asking Lewis name deathbed confession" of negligence. Krugto under other unsafe mineso further LewiS, asking using Lewis government inspecpressure retreated to name tors' reports~mines. repliedLewis, that only of the 2531 other unsafe using two government inspec­ 1 government operated mines were Lewis tors reports, replied that onlysafeo two 3 of Both the 2531 1 and Krug knew it wasmines imppssible all the government operated were s to a f eclose . ^ Both Lewis mines until they were impossible safeo Lewis, sensing and Krug knew it was to close all the thepossible until reaction such safe. a closing, ordered miners, mines theyto were Lewis, sensingthe the pos­ on April 8, to to return in those mines sible reaction such to a work closing, ordered the that miners, the miners8, thermselves considered safe o mines Work that reon April to return to work in those sumed in most mines not considered officially safe. called Work i1hazardous" the miners thermselves re­ and April output 60 perc~nt .normal~14 sumedby in most 13 mines not reached officially called ~f "hazardous" and by April 13 output reached 60 percent of n o r m a l . ^ 50 Coming in the the midst midst of the Centralia controversy, controversy the Medical Medical Survey of the Bituminous-coal Industry added more public support to the the UMWA UMWA positions positions on added more safety and welfare o and welfare,, This document was a wholesale condemnation the coal operators' condemnation of the operators conduct toward 8 the welfare of the ~miners and lies. the.miners and their ,fami families. The survey included medical services, included, medical services, medical facilities, facilities, housing, sanitation^ sanitation~ and recreational opportunies~ opportunies. Al though condemning both both the UMWA UMWA and Although and. management, management, the survey in most most ways aided the union's demands aided the 15 for increased the miners' increased concern for the m i n e r s welfareo welfare.*5 1 The incident at Centralia had had again postponed negotiations over a montho month. On April 16 1 6 Collisson sent invitations to the the union union and 31 3 1 operators' operators 1 groups to meet with him on April April 29. 29. The Northern and Western operators responded responded favorably, favorably, but the Southerners refused while Lewis Lewis said nothing. nothingo refused while The UMWA UMWA finally consented consented and the first meeting since September between the mine workers and the mine September owners began begano 0 The operators remained divided with the Southern group gr.oup reiterating reiterating its demand demand for sepa.rsepar­ rates. ate talks because of higher freight rates. None of the operators seemed seemed inclined to negotiate until after the American American Mining Congress meeting that was to be held the second Mayo second week of May. The union had no specific demands at the the first meeting Since since these 51 these must must be be decided by by the Policy Committee Comrni ttee tbat that was to meet on April April 30 30, 0 Lewis, Lewis, for the first~;ttm~, firstttime, did rule out talks with with the the Southern did not not rule out separate separate talks Southern group group of of operators& operators. The government1s The g o v e r n m e n t s position position was was the bright spot the bright spot of of the the meeting" meeting,, Collisson Collisson told told the the disputants Administration would disputants that that the the Coal Coal Mines Mines Administration would not not ask ask Congress Congress for for an an extension extension of of seizure seizure power power after after June June 30 3° and and that that the the government government would would withwith­ draw the meeting bargaining redraw from from the meeting as as soon soon as as a a bargaining re­ lationShip bad been been established.. lationship had established. The The next next meeting meeting was set for May 1150 5 . *16 ^ Before resumed, Lewis Before negotiations negotiations resumed, Lewis had had a a study study made the percentage made to to determine determine the percentage of of coal coal production production mined mined in in the the South, South, excluding excluding those those Southern Southern mines mines owned by Northern Northern owners owned and and operated operated by owners as as captive captive mines. mines. This This survey survey found found only only 27 27 percent percent of of propro­ duction was under duction was under the the control control of of Souther Souther owners. owners. These These Southern Southern operators operators charged charged Lewis Lewis with with trying trying to undermine undermine their bargaining bargaining position by forcing the mines in the South to negotiate the captive captive mines in the South to negotiate as as Northern Northern mines" mines, Lewis, with the the information Lewis, with information on. on 17 Southern production, production, now now accepted divided talks. talks,*7 The meeting meeting on May 15 with the the entire indusrty 15 with accomplished until Lewis Lewis agreed to separate accomplished little until Southerners, talks with the Southerners" Serious negotiations negotiations SerioUS 52 began with the the Northern, Northern 9 Western, Western~ and and captive owners on May May 16 16. 0 These secret meetings, meetings, lasting until May 331, were led l led by Lewis and and OINeillG O Neill. f f The T^e wage conference ended the question of ended over the of the the probable passage of of of the the Labor-Management Labor-Management Relations Act Act of 1947(Taft-Hartley Act). The operators were ins1stA c t ) . The insistant that they must must wait until the on the final decision on the bill bill was was made,, made., The The negotiations also stalled over basic daily pay pay rates, rates~ length of of lunch period, period, changes in unionization of in the the safety code, code, unionization of foremen, foremen, and royalties and control( the Welfare Fund. control of of the The The operators wanted day wanted to to pay pay $11..35 $ 1 1 . 3 5 per per eight hour day with aa 15 minute minute lunch break, break, no no supervisors union, union, relaxing the the safety code, code, no no increase in in Welfare Fund royalties, royalties, and and at at least equal representation representation the control board of the Fund. on the board of the Welfare Fund Q The UMWA The UMWA countered by asking for two-thirds of countered by for two-thirds of the the Welfare Fund trustees, trustees, an eight hour day day with 30 3 ° minutes for lunch for for which they would would receive $11..85, $11.85, acceptance of the Federal mine safety code, an of the code, and and an increase in Welfare Fund royalty payments payments from fi~e to ten ten cents per ton.*^ tonQ18 five to cents per No neetings were No new new neetings were May 3lG 31° set after May Negotiations with the the Southern operators began May 28 28. on May 0 3« These meetings lasted until June 30 53 This meeting was led by Henry F. Fo Warden, Warden, for the operators, O,8Leary~ vice-president operators, and John O'Leary, vice-president of the miners.o UMWA, for the miners The negotiations quickly stalled over the the operators that many operators'a insistence that provisions of the Krug-Lewis agreement were unacunac­ ceptableo ceptable. The main disagreements were,those were. those concon­ cerning the management and scope of the Welfare Fund and the Federal safety code; code; the Southerners Southerners also wanted wanted elimination of paid paid travel time inside the mines, mines, mine safety committee committee power to close and. pro-rata pay. mines, and pro-rata vacation vacation pay_ want­ The union want- Krug-Lewis ed to keep all it had gained in the Krug-Lewi s agreement, strengthening strengthening of the weak parts of the Krug-Lewis agreement(this included stronger mine safety provisions, provisions, exclusive control of the Welfare increased royalty to be paid paid into Fund, and an increased increased wages. the Fund), and increased wageso Both negotiation conferences ended when the UMWA UMWA charged the operoper­ ators with violation violation of an unwritten agreement on 19 publicity statements concerning the negotiationso negotiations.19 publicity down, or rather suspendsuspend The negotiations broke down9 ed, because neither side wanted to act until a concerning the now probprob­ final decision was reached concerning able Taft-Hartley Taft-Hartley Act. Acto 3° of conference on June 30 This bill was reported out It passed passed the House on 54 June 4 by a vote of 320 4 by 320 to 790 79, The Senate passed the bill on the bill on June June 6, 6, 57 57 to to 17 1 7 ,<> The ll~.had. passed The bi bill^had passed both more than necessary two-thirds both houses houses by by more than the the necessary two-thirds needed to override possible veto. needed to override a a possible veto* The The Act Act was was sent to to the the President on June 90 9 , 20 President Truman 2 0 returned the bill bill on June 20 20 to to Congress with a strong veto message.,21 strong veto message, * 2 The House The House overrode overrode the the veto veto within receiving the by aa within an an hour hour of of receiving the veto veto message message by vote of 331 331 to 83. 83. The Senate by a vote of 68 68 to 25 made the bill a law on June 230 22 25 made the bill a law on June 23, With the probalility of a strike on July 8, With the probalility of a strike on July 8, after the ten day miners' vacation starting June 28, after the ten day miners 1 vacation starting June 28, becoming more likely, both sides became more active becoming more likely, both sides became more active in seeking a settlement e Upon the insistence of in seeking a settlement. Upon the insistence of U. S. Steel and the Pittsburg Consolidation Coal U, S, Steel and the Pittsburg Consolidation Coal Company, the two largest coal producers, new Company, the two largest coal producers, new negotiations were started on June 15. The possibil- negotiations were started on June 15» The possibil­ ity of an earlier strike became real upon enactment ity of an earlier strike became real upon enactment of the Taft-Hartley Act when within three days of of the Taft-Hartley Act when within three days of passage 250,000 miners stopped work to protest the passage 250,000 miners stopped work to protest the Act's passage0 23 2 Act's passage, 3 In secret sessions the UMWA in secret sessions the UMWA received most of its demands in a contract signed received most of its demands in a contract signed on July 80 The first operators to sign were the on July 8, The first operators to sign were the captive and. Northern mine owners o The Southern captive and Northern mine owners. The Southern operators, faced. with accepting this contract or operators, faced with accepting this contract or 55 none, July 90 none, signed signed on on July 9. By July July 11 over over 99 99 percent percent of production was under the contract.24 of American American coal coal production was under the contract.24 To penalties under under the To avoid avoid penalties the Taft-Hartley Taft-Hartley Act Act the UMWA insisted and (got ways of UMWA insisted got inclusion of ways protecting protecting itself.. itself. The first was was the elimination elimination of the the no-strike no-strike and penalty penalty provisions provisions of previous contracts" contracts. The second, and most famous, famous, was the provision that the miners would work only when "able and willing." willing. II This eliminated eliminated the possibilpossibil­ illegal, wild-cat strikes. strikes. ity of unauthorized, thus illegal, $13*40 The contract also gave the miners a wage of $13.40 code, and an per eight hour day, a stronger safety code, royalties increase in Welfare Fund Fund. royal ties to ten ten cents per ton. tone compliance with the Taft-Hartley Taft-Hartley Act, Act, In compliance excluded from unionization and the foremen were were excluded unionization and. UMWA and and the operators maintained equal reprerepre­ UMWA the operators maintained equal sentation on on the of trustees trustees of of the Welfare sentation the board board of the Welfare 5 Fund. 25 Fund 2 0 After fifteen months months the private mine owners were now running their own properties. properties o they paid was steepo #aid was steep. The price Except for those practices restricted restricted by the Taft~Hartley Taft-Hartley Act, the contract, contract, 1947* was the one dede­ reopening the mines in July 1947, UMWA in March 1946. 1946. manded by the UMWA ON CHAPTER IV NOTES ON IV 1New see *New York York Times, Times* January January 1, 1947, p$ P. 1; see Truman's T r u m a n s proclamation proclamation in in Public Public Papers, Papers, II, II, 1946, 1946, p. 5140 P. 514* u C o a l Age~ Age, LII(January 1947), 1 9 4 7 ) , p& P» 1010 101. 2coal 2 3New % e w York York Times, Times, January January 2, 1947, p. P- 7. 74W-ULJ~ % - U L J , January January 24, 24, 1947, p. P. 4. 4- 5Ibid February 21, 5 l b id., 2 1 , 1947, p. P* 1; New New York 'rimes, Times, q p . 2; Time, Time, XLIX(March 10, 1 0 , 1947), 1947), March 1, 1947, po PI) -P. 23. 6New ^New York Times, Times, March 8, 8, 1947, p. P- 3; Newsweek, Newsweek, XXIX(February 10, 64. 10, 1947), 1 9 4 7 ) , p. P. 6 4. Times, March 1947, p. P« 2; Coal Age, 7New York Times, March 22, 22, 1947, Age, LII(April 1947), po 11290 1 9 4 7 ) , Po 29. 8^Theodore Five Was Was aa Dry Dry Theodore H. H. White, White, IIINumber 'Number Five Mine, III The New Republic, pp. 21M ine," The New Republic, ·CXVI C X V K(May M a y 5, 5, 1947), 1 9 4 7 ) , PP. 2123; Coal Age, pp. 132, Age, LII(May 1947), pp. 1 3 2 , 134, and 136 1 3 6... 11 1 9UMWJ, pp$ 3-5e 9uMWJ, LVIII(April LVIII(April 1, 1947), 1 9 4 7 ) , PP. 3-5. 10This was legal since since paragraph paragraph 6 of the the l°This was "Safety Practices" "Safety Practicesl! section of of the the 1941 agreement states: "The states: liThe International-Union, Intel'national'_ Union, United Uni ted Mine Mine Workers designate Memorial periods provided of America, may may deSignate it it shall shall give give proper proper notice notice to to each each District." District. It This provision provision had been carried carried forward forward in in subsequent agreements, agreements, see see National Coal Wage wage Conference, Op. ~ cit., 5. cit .. , p p. .. 665. 11Newsweek, XXIX(April XXIX(April 77,, 1947), p. 27; Time, Time, 1 9 4 7 ) , PXLIX(April 14, 1 4 , 1947), 1 9 4 7 ) , PPo PP« 22-23. 12The l T h e Oolliery Colliery Guardian, Guardian, OLXXIV(April CLXXIV(April 11, 1 1 , 1947), 1947), p. 463 Thi s- was• Was' '26Pperben't".. '26" p,er'cen't'. oT' ,the" ha.,tlon t s on::tput p» 463.•. This of,the nation's output of coal,, COg.) e of 2 57 13Time, XLIX(April 14, p& 22~ The two *3Time» XLIX(April 1 4 , 1947), 1 9 4 7 ) , P» 22. The two "safe mines were the "safe"n mines the Reliance #2 #2 and and StanBC~yr:mlles Stanls&irryi::M*ies the Union Pacific Coal Company Company in operated by the Wyoming... Wyoming 14The ^ T h e Colliery Colliery Guardian, CLXXIV(April 18, 1 8 , 1947), 1947), pG New York York Times~ p. 13. A p. 490; 490; New Times, April 14, 1 4 , 1947, 1947, P. 13. A Federal Co~ Federal investigation investigation found found the the Centralia Centralia Coal Coal Co* "wi Ilfully negligent' negligent II in necessary safety "willfully in providing providing necessary safety measures. The measures. The company company was was later later fined fined $1000(maximum under this offense. See under Illinois Illinois state state law) law) for for this offense. See UMWJ, LVIIl(July LVIII(July 15, UMWJ, 1 5 , 1947), 1 9 4 7 ) , p. P* 10 10. 1 0 15See A Medical *5see Department Department o~ of the the Interior, A Survey of the the Bituminous-coal Industry, 1947. For For operators report see see operators"l attempted attempted rebuttal rebuttal of of this this report Newsweek, p. 51; Newsweek, XXIX(February XXIX(February 10, 1 0 , 1947), 1 9 4 7 ) , P* 5 1 ; and and Coal Coal Age, pp. 74-77. -Age, LII(June 1947), 1 9 4 7 ) , PP. 74-77. 16Ibid I b i d .., , LII(May LII(May 1947), 1947)* p. P. 177; 1 7 7 ; New New York York Times, Times, April p~ 1; April 2~, 1947, April 17, 1 7 , 1947, 1947, P. April 28, 1947, pp. PP. 1 and and 14; 14; and p. 1. and April 30, 30, 1947, 1947, P. 1. l6 17The T h e Collie:r;y Colliery Guardian, Guardian, CLXXIV(May CLXXIV(May 23, 23, 1947)', 1947), p. New York p. 22; 22; May p. 662; 662; New York Times, Times, May May 1, 1947, 1947, P. May 7, 7, 1947, p. .. 18; May 16, p. 112. 1947, p IS; and and May 1 6 , 1947, 1947, P. 2. 1 7 18uMWJ, LVIII(June 15, p. 3. U M W J , LVIIl(June 1 5 , 1947>, 1 9 4 7 ) , P. 3l8 I b i d ... , pp. pp. 3-4& 3-4. 19Ibid 1 9 t 20Lee ° >, OPo OP. cit., cit., pp~ pp. 77-78. 77-78. 2 L e e 21Public pp .. 288-297; P u b l i c Papers, Papers, III, III, 1947, 1947, PP. 288-297? Harry JDoubJied~'&;Oom­ Har ry S. S. Truman, Truman,'~,MemotretNew-.~YCJX:lc: Memo irstNew York; ^Botib 1 ed^cy & JOcrmpany, 1956), ppo 45-460 1 9 5 6 ) , pp. 45-46. 21 22Lee L e e ,, Ope OP. cite, cit», pp. pp. 100-102 100-102. 2 2 0 23Coal Age, LII(July 1947), 3coal_Age, 1 9 4 7 ) , p. P. 125; 125; The The ColCol­ liery Guardian, CLXXIV(June 27, 1947), Pit. 832. 1947), p ^32. 2 24UMWJ, LVIII(July 15, 3-5. 24UMWJ, LVIII(July 1 5 , 1947), 1 9 4 7 ) , pp. PP. 3 -5. 25see pp. 111-14; alsosee see 5 s e e contract in in ibid ibid o,, pp. 1 - 1 4 ; also Truman's Truman's statement statement on on the the settlement settlement in in Public Public Papers, Papers, III, 1947, po 332. 332$ 1947, Po 2 Q CHAPTER POSTSCRI PT CHAPTER V:~,T V:7POSTSCRIPT There were three enduring results results of the conflicts conflicts of the UMWA UMWA stemming stemming from the years 1946 1946 and 1947. 1947 • The :first the role of the UMWA first is the UMWA in the formation of the Taft-Hartley Act. The second the most most important Taft-Hartley Act. second is the important concon­ cession received received by the UMWA the dispute: the Welfare UMWA in the dispute: the Fund Fund. 0 And last last is the the role of the the UMWA UMWA in the labor unity movement. movement. The Taft-Hartley Taft-Hartley Act is considered considered only in the areas where the UMWA UMWA had had an influence on the formulaformula­ tion of or was directly affected by the act. act.1 1 The Taft- Hartley Act was enacted enacted by the Eightieth Congress electelect­ 1946. ed in 1946 0 Congress This was the first Republican Congress 193° and with an alliance with conservative conservative since 1950 Southern Democrats passed passed the first major labor law since 19360 193&» John Lo L» Lewis played an important important role election* in this election. Lewis, registered Republican who Lewis, a registered supported supported Willkie in 1940, 1940, was a conservative in all labor,, areas except those affecting labor. Lewis received, received, considered, ill treatment from both Roosevelt what he constdered, (over the "little steel formula") formula") and Truman(over Truman(over the 1946). handling of the spring strike in 1946). handling He, therefore, therefore, He, had few qualms in embarrassing embarrassing Truman before the 1946 194^ 59 elections. elections. Truman saw through Lewis and accurately foretold the results of the election when he said, said, on December tbat Lewis bad a ttempted to December 11, 1 1 , 1946, 1946, that had Il"attempted pull a dirty political trick and it backfired; but he succeeded eye9 succeeded in giving labor generally generally a black eye s which will·do will do labor no good in the new Republican Congress. Congress."rt2 Of course reaction to Lewis did not, not, itself, elect the 1946 1946 Republicans, of itself, Republicans, but his threats and blusterings of October and November November aided aided them immensely. But Truman acted as though Lewis was the primary reason for the election results. results. This is Presi­ seen in the vindictive policy pursued pursued by the PresiUMWA after a"fter the election results became dent upon the UMWA known. known. Lewis' Lewis timing was poor all through the deliberadelibera­ 1 tions on the Taft-Hartley Taft-Hartley Act. Act. All during the time that the Taft-Hartley Taft-Hartley Act was being considered considered he strike. was threatening the country with a coal strike. First and later on July 1. 1. on April 1, l~ 1947? 1947~ and The House Committee Committee on Education and Labor held hearings from February February 5 5 to March 13. 13. These coinciced with the Supreme Court decision on the UMWA UMWA and Lewis. Lewis. With this decision the House had little to fear by reintroducing the labor injunction into law. law. reintroducing The immediately Hartley bill passed passed the House on April 17 immediately 60 6o following the memorial stoppageoThis stoppage. This was in the midst of the outcry by the operators that Lewis had violated the Supreme Court mandate. mandate. Lewis' Lewis actions 1 could only have aided the passage of the bill bi 11 in the Houseo House. On the same day, day, April 17, 17> 'raft Taft reported his bill from committee. 13. May 13. Taft's Taft*s bill was passed on occurred as negotiations between The passage occurred the operators and the UMWA UMWA had recessed. recessed. The Senate 'fhe included a provision bill included provision that would have limited industrywide bargaining. bargaining. The UMWA UMWA had tried to provision by dividing talks with the avoid this provision operators, but had failed to prevent Senate passage. passage. operators, A A conference committee, meeting from May 15 15 to May 29, bill. 29, arrived at the compromise Taft-Hartley Taft-Hartley bill. By May 29 29 all hopes of a coal settlement had passed. passed. As seen above, both parties parties were waiting waiting to see what above, both the Taft-Hartley Act included included and the restrictions Taft-Hartley Act restrictions that would would be placed on the UMWA. UMWA. It seems that there were direct relationships between the failure of the coal industry industry and :the the UMWA UMWA to agree on a settlesettle­ Taft-Hartley Act. Act. ment and the formation of the Taft;"Hartley Actions by both these parties during the spring of 1947 helped to push Congress into action against 1947 all unions. unions. inactivity of the coal negotiators negotiators The inactivity 61 in June of in May May and and June of 1947 1947 aided aided an an anti-labor anti-labor coalition coalition in to pass pass the the legislation before aa coal in Congress Congress to legislation before coal strike July 10 3 strike on on July 13 Q Certain restrictive sections of the Act were direct results of UMWA UMWA actions during 1946 1947• 1946 and 1947. These were the exclusion of supervisors from emem­ status, the outlawing outlawing of union operated operated welwel­ ployee status, funds, the suability suability of unions in court, the fare funds, injunctions, and that Federal revival in law of labor injunctions, strike. employees could not strike. The first two of these 194& and were major UMWA UMWA demands in negotiations in 1946 1947; the last three were the direct result of the 1947; case.o Lewis case spec­ The other provisions were not so spec- UMWA actions since the ifically in response to the UMWA so-called "unfair labor practices" were common common to so-called most unions. unions o items, the Communists Two items, the exclusion of Communists and the elimination of the shop, did not and the elimination the closed shop, affect the affect the UMWA. UMWAo The UMWA UMWA had had excluded excluded all all CommunCommun­ The and it it was shop organization. organization.4 ists in 4 ists in J927 J\9~7 and was aa union union shop III S t understand understand •. . . why anyone would "I can can't 0 0 and Welfare Fund Fund which is doing oppose a Health and such magnificent magnificent work work."5 o u5 This comment comment by Truman 1948 has become generally generally accepted accepted by most AmerAmer­ in 1948 icans. icans. Though referred to as the Welfare Fund, it 1946 as two separate funds: funds: a Welfare was set up in 1946 62 62 and Retirement Fund ( jointly administered the UMWA Fund(jointly administered by the UMWA the government) and and a a Medical and and Hospital Fund Fund and the the UMWA), (operated by by the UMWA). These began operation in in 1947 and and the for the the sursur­ early 1947 the first benefits were for and dependents-6f::the dependents 6f the Centralia explosion. explosion. vivors and Act made union operated operated fund.s funds illegal Taft-Hartley Act The Taft-Hartley in the the 1947 1947 contract the two funds were merged and in the two one Welfare and and Retirement Fund. Fund. into one The Fund The all miners, dependents, and and ex-miners. ex-miners. covered all miners, their dependents, comprehensive insurance, insurance, including It provided provided aa comprehensive coverage, death benefits, hospital and doctor coverage, benefits, re­ rehabilitation, and and retirement. retirement. A reogan±zatinn:took 1950 followfollow­ A major reoganizatian took place in 1950 ing aa year that saw aa suspension of of payments because of insufficent income. income. The the The Fund established established in the continued to to the 195° contract has 1950 has continued the present. present. Beginning 1953> the the Fund Fund began a a chain of ten ten hospitals to in 1953, to Appalachia.^ provide medical care in Appalachia .. 6 These hospitals all operating by 1955 providing were all providing medical care and and nurses' training for for this depressed depressed area. area. nurses' Extreme forced the to sell the the hoshos­ financial problems forced. the Fund to pitals in 1963-19640 1963-19640 Fund is is run run by a a board of three trustees trustees. The Fund .. is appointed appointed by the one by the the operators, operators, One is the UMWA, one one by the two. Lewis has has been the and one the other two. the union trustee since the the Fund's Fund's inception. inception. The Theoperators operators by Captain N. N. H. Collisson represented by have been represented H. Coll1sson (1946-1947» under government seizure), Ezra Van (1946-1947, Van Horn ( 1 9 4 7 - 1 9 5 0 ) , Charles Owens(1950-l956), Owens(1950-1956), and and Henry (1947-1950), Schmidt ( 1956-present). Schmidt(1956-present). The The neutral trustee has has been Bridges(1948-1950), Thomas E. E. Murray(1947-1948), Murray(1947-1948), Styes Bridges(l948-1950), and Josephine Roche(1950-present). for the the Except for 1949 the an excellent job year 1949 the trustees have done an job of administering the Fund. administering the Contrasted Contrasted with commercommer­ cial group insurance and and commercial insurance, which and 52 percent respectively respectively of of their return only 90 and incomes in benefits, the UMWA Welfare Fund returns in benefits, the UMWA 97 percent of of its its collections of of over $120 $120 million million 7 per year. year,? Although royalties have been increased 1200 increased 1200 percent since the has the Fund's establishment, the the Fund has been and by a and. continues to to be be plagued plagued by a lack of of money. money. This has has been caused by aa variety of all caused by of reasons all stemming markets o stemming from the the decline of of coal markets. EmployEmploy­ ment in in coal coal 'mining mining has has dropped from over 400,000 in 1946 to less than 200,000 at The 1946 to at the the present. The source of the Fund's income, of the income, an an increasing increasing royalty the amount of of coal produced, has maintain on the has helped maintain the drop in in employment employment fewer revenues, but revenues, but with the young men to mining mining and men turn to and more of of the the remaining 64 are in in the age brackets and and are are thus miners are the upper age or near retirement. retiring or retirement. This forces more and and of the area. more of the Fund's monies into the the pension area. A A major cause of of this employment employment drop is is mechanization mechanization the mines which has advanced at at a a rapid rapid rate. rate. of the has advanced Fund has by reducing its its benben­ The Fund has remained solvent by in all all areas$ areas, efits in The situation will stabilize in The in the future, but not future, but not until many of of the the older retired died. miners have died. "Unity of of labor1s labor's policies in in America America is is desirdesir­ able. able. Attainment of of that unity is is labor's task and Attainment and o obligations tl8 Although Lewis expressed this idea obligation." Although Lewis expressed this idea many times his actions have questioned his sincerity. many times his actions have questioned his sincerity. He has always been happy to help his laboring He has always been happy to help his laboring friends as seen in his generous loans to other friends as seen in his generous loans to other unions: $500,000 to the telephone workers in 1947 unions: $500,000 to the telephone workers in 1947 and $10 million to the steel workers in 1950. and $10 million to the steel workers in 1950. He He participated, as the UMWA representative, and as the participated, as the UMWA representative, and as the AFL representative during 1946 and 1947, in mal1Y AFL representative during 1946 and 1947? in many unity conferences with the CIO and the independent unity conferences with the CIO and the independent railroad brotherhoods o railroad brotherhoods. senting the AFL~ In 1947, when he was repre- In 1947* when he was repre­ Lewis asked the CIO unions to join senting the AFL, Lewis asked the CIO unions to join the AFL in the same way that the UMWA had: as indethe AFL in the same way that the UMWA had: as inde­ pendent unions o pendent unions. But in December 1947, when the AFL But in December 1947? when the AFL 65 refused to back his actions against the Taft-Hartley Taft-Hartley anti-Communist oaths, oaths, he took requirement to sign anti-Communist the UMWA UMWA out of the AFL.9 AFL. 9 After Lewis left the AFL he was invited to 1949 and 1950. 1950. unity conferences in 1949 He did did not participate in either conference the the CIO blamed 1950 conference for the failfail­ his refusal to join the 1950 conference. ure of the conference. War, Lewis During the Korean War, refused to join the other unions in a united united war effort. effort. While the AFL and the CIO were moving closer 1950* > Lewis was moving farfar­ together, in the early 1950's, together, s groups. ther from both groups. 1952 charged George Meany in 1952 Lewis with creating the CIO to establish his own organized labor. labor. power base in organized charged Meany later charged would not be included in the unity talks that Lewis would because, "Good LordI Lord! because, AFL. AFL. He's Hers the fellow that spilt the He*s Hets the fellow who tried to split the CIO after he got tired of that. that. He's the fellow who 1947 and tried to split it came back to the AFL in 1947 a g a i n .u10 " again. 10 reflected the view of both, both, the CIO Meany reflected and the AFL: AFL: they were willing to listen to Lewis and urge unity, but were wary of having him in any united movement... labor movement Another aspect of Lewis Lewis i lack of intent in 8 5°« labor unity was his creation of the omnibus District 50. 66 UMWA thirtyThis department, the largest of the UMWA districts, contains workers in all segments of one districts, railroad workers on Long Island to industry from railroad Wyoming. bartenders in Wyomingo problems The jurisdictional jurisdictional problems. hampered the UMWA created by this district have hampered UMWA in moves.o all unity moves Lewis doesn't want to lose these claim they shoud belong to workers and other unions claim c r a f t .11 ^ their organizations whether industrial or craft. Considering all these factors, factors, including the perper­ Considering L. Lewis, Lewis, it is not surprising surprising sonality of John L. independent union that the UMWA UMWA has remained an independent 1947. since 1947. NOTES CHAPTER V NOTES ON CHAPTER V *For the of the Taft-Hartley Act lFor the latest account of the Taft-Hartley Act Lee, 0Eo Op. cit. see Lee, cit. 2Truman, Memoirs, I. I. p. p . 555. 555. Truman, Memoirs, 2 3Lee, • > Op. 0P° tit., cit., pp. pp. 56-75. 56-755 L e e 4Lauck, Dp. p.. 244; ^Lauck, Op. cit., cit., p 244; Bureau of of Labor Statistics, Bulletin No. 865, Extent of No. 865, of Collective Collective Statistics, Bargaining and Union Recognition, 1945, 1946, p. p. 6. 6. and 5Harry Truman Program: Addresses ^Harry So S. Truman, The The Truman and Messafes ed M. Bo by President Harry S. S. Truman, ed M. B. Messages by Schnapper (Wa Washington: Public Affairs Press, 1948), s hi ng t o n: Public Affairs Press, 1 9 4 8 ) , po 140. p. 140. 6The hospitals were built in Man, and and ^The hospitals in Beckley, Man, Williamson, West West Virginia; Virginia; Middlesboro, Pikeville, Pikeville, Harlan, \Vhi tesburg, and McDowell, McDowell, Kentucky; Kentucky; Harlan, Hazard, Whitesburg, and Wise, Wise, Virginia. Virginia. 7Jack Barbash, Barbash, edo, ed., Unions and and Union Leadership Leadership (New York: Harper & Row, 1959), p. 223; New (New York: Harper & Row, 1959)» P. New York York Times, April 12, 1966, po 30. Times, April 1 2 , 1966, p. 30, o SLau9k, t., p. p. °Lauck, Op" 0p ci cit., AFL-CIO: !Jabor United(New AFL-CIO: Labor United(New 1956), Company, o , Company, Inc Inc., 1 9 5 6 ) , for for American labor. American labor. o 168; Arthur J. 168; see see Arthur J. Goldberg, Goldberg, York: McGraw-Hill York: McGraw-Hill Book Book aa history unity of of history of of the the unity 9W-ULJ, 1947~ P. p. 1. ?W-ULJ, December December 19, 1 9 , 1947, 1. 10Goldberg~ Ope PPo 68, *°Goldberg, Op. cit., cit., pp. 68, 74, 7 4 , and and 79. 79. llSei dman, Dp. pp. 197 and **Seid.man, Op. cit., cit., pp. and 248. 248. CHAPTER VI: CONCLUSIONS CHAPTER VI:\UONCLUSIONS This thesis has tried to show some of the government-operated industry in difficulties of a government-operated American economic system. the American It was written conflict. focusing upon the labor side of the conflict. seized industries in Since governmental workers in seized de­ this country are organized, special problems de- velop in the policies of these unions in their relationship to their employer: the the United States government. The problem problem dealt with in this essay extraordinary one since the was an extraordinary the union involved attempted to use that, though attempted use tactics that, though they they had had operators, could could proven useful useful in in dealing with the operators, not employees. not be be used used by by government government employees. The idea is developed developed in this this essay of the futility of government direction of labor-managelabor-manage­ ment contracts contracts.o In the case of the coal miners, miners, intervention and and seizure did did shown here, here, government intervention not help in drawing the miners and and the operators operators agreement. into anything close to agreement Q Under seizure ob­ the private operators were relieved of their obligations, but received ligations, received the profits. profitso operators The operators used the government government to fight its continuing battles used 69 with the UMWA. UMWAo The government, in its desire to get the mines working, signed a very generous generous contract. By doing so it alienated many operators who felt they could not, not, for competitive competitive economic reasons, UMWAo reasons, grant so much to the UMWA. In signing this contract the government put enormous pressure on the operators to gi v~,. tnr"ap.yf stIbsequent,.oontr,acj, give, inr\apyrsubsequent oontrac$, even better, better, and and more costly, concessions to the miners. miners. This is exactly what what happened when the happened when mines were released released in 1947. 1947. The UMWA, for its part, resented resented any interference interference by by the government in, in, what it considered, its legal conflict with the operators. operators. Though the miners were pleased pleased with the economic and welfare provisions of their contract with the the government, they they did not not like the restricrestric­ tions placed upon their actions by being government employeeso employees. Resentments were thus built on both sides: sides: the operators did not like the government giving the the miners so much of their their profits, profits, while the miners did not like working for the government while their bosses received record profits profits.e The incidents involved in this essay had bad aa very strong effect on national labor policy. policy. As seen above, unions, and especially above, the actions of unions, especially the UMWA, during reconversion, though many were 70 legal and justifiable, justifiable, alienated the majority of the public$ public. Act. Act. The results are found in the Taft-Hartley Taft-Hartley The revival of the labor injunction against the UMWA assured assured the inclusion of an injunction provision UMWA in this legislation. The fear of a nationwide coal strike throughout 1946 1946 and and 1947 1947 played played into the hands of those who felt restrictions on labor were necessary. necessary Many of of the in the the Taft-Hartley Taft-Hartley Act were Many the restrictions restrictions in Act were the result result of of this fear, that neared the the panic stage the this fear, that neared panic stage in several several cases cases including including the one discussed discussed in in this this in the one essay. essay. Although ~lthough the resulting limitations limitations on on labor labor the resulting were violently denounced by labor for for many many years, years, were violently denounced by labor most of of the Taft-Hartley Act Act has been accepted accepted by by most the Taft-Hartley bas been organized labor as necessary_ necessary. organized labor as APPENDIX APPENDIX 72 72 CHART I 200 / ) / / / / / / clothing 150 food items ... -.-- .... ;---.-~ -_ .. ----------- rent 100 1945 1947 1946 Increases in price price for for select select items, 1945-1947• 1945-1947. Based Based Increases on 1935-1939 1935-1939 averages averages equal equal 100 100. Percent Percent increases increases June on 1946-December 1946-December 1947: 1947: food food 39$, 39%~ all all items items 24$, 24%, clothing clothing 21$, 21%, and and rent rent 6%„ 6%& Taken Taken from from Truman, Truman, The The Economic Economic Reports Reports of of the the Presidents, President~ part part I, I~ p, p. 3b, 38, and and part part II, II, o p. 11. 73 CHART II 30 r I' I" / 20 I I I I I I I 10 I I I , ,--.1 I I , o0 I II 'V ' \ \ I v V' '\ v A , '\ '\ \ \ \ , \\ "'- .... "- .... ~ ,, ',,"', I V 1940 1940' 1941 1941* 1942 1942'" 11943' 1944' 1945' 194&' 1947' Net saving as percent of disposable personal income. income From TrLIInan, Truman The Economic Reports of the President~ President, part l6„ pa r t I, I, pp„• 16 f 0 74 TABLE II Work Stoppages Stoppages Man Days idle Number number Workers invol ved involved Number Percent of lPercent of estimated estimated working time lrst post war war First F year (August year 1 5 , 1945-Aug15, 1 4 , 1946 1946): ust 14, ): Total 1.62 1.62 981, 000 119,785,000 4,981, 4,630 4~ - - - - - - - -, - - - f - - - - f - - - - - - - r - - - World War War II: I I: 'Total .11 36,301,000 Total .11 149731 14,731 6,744,000 ...... .... - - - .. - - - . - - . - - . ... - . . . . . . . ... - . - . - - - - ... - - .. - . - - - - - . - . December 8-31, 8-31, .06 .06 16,000 303,000 84 1941 .05 840,000 2,968 4,183,000 .05 1942 1942 13,501,000 1,981,000 .15 .15 3 , 7 5 2 1~981,000 1~,501,000 3,752 1943 1943 2,116,000 ,721,000 8,721,000 .09 .09 4,956 1944 1944 Jan. I-Aug. 14, Jan. 1-Augo 1 4 , 9,593,000 .17 2,971 1,791,000 1945 .17 1945 ---f - - - - - - - -1--- yYearly early average 2,862 1,125,000 16,949,000 .27 .27 1935-1939 ., , ~----- in the the first year after VJ-day, in Work stoppages in in World War War II, II, and and in in the the 1935-1939 1935-1939 period. From LXIII(December 1946), 1 9 4 6 ) , p. p. 883. 883. Monthly Labor Review, LXIII(December . .... 75 75 TABLE II II Month (all Stoppages beginning Man Days idle (all stoppages) stoppages) in month Number Workers Wo rke r s involved i nvo1ved January February arch March M April ay May M June July August August September September October ovember N November December December 325 275 420 420 495 380 380 375 525 515 450 450 450 450 310 180 1,400,000 1 ~ 400,000 130,000 165~000 165,000 575,000 575 ooo 560 560,000 9 000 ? 175~000 175.000 190~000 190,000 240 240,000 9 000 380~000 380,000 290 290,000 9 000 450,000 95,000 Number 19,750,000 23,000,000 13,825,000 15,550,000 12,360,000 4,475,000 39300,000 3,300,000 3,425,000 3,425*000 5,000,000 4~500,000 4,500,000 4,750,000 33,065,000 065,000 j Percent of estimated estimated working (all time (all industrie industriess) 3.1 3-1 4.2 4.2 2.3 2.4 2.4 1.9 1.9 .7 .7 .5 .5 :~ 0 *2 & *J 06 .6 .7 .7 .4 .4 Monthly trend in From in work stoppages~ stoppages, 1946. 1946. LXIV(February 1947), 1 9 4 7 ) , p. P» 264. 264. Monthly Labor Review Review,9 LXIV(February DOCUMENT II 1 9 4 6 known ^The Bituminous Coal Wage Agreement iThe Agreement of 1946 as the Krug-Lewis agreemeng agreement/ This agreement between the Secretary Secretary of the InterInter­ ior, acting as Coal Mines Administrator Administrator under the authorauthor­ ior, No. 9728(dated 9 7 2 8 ( d a t e d May 21, 2 1 , 1946, 1 9 4 6 . 1 111 ity of Executive Order Noo F. R. R. 5593), 5 5 9 3 ) * ^ d the Fo and the United United Mine Mine Workers Workers of of America, America, possession the terms covers for the period period of Government possession employment in respect to all mines in and conditions of employment 3 1 > 1 9 4 6 9? Government possession possession which were as of March 31, 1946 subject to the National Bituminous Coal Wage Agreement dated April II" 1 1 , 1 9 4 5 ° dated 19450 a 1 , PROVISIONS OF NATIONAL 10 NATIONAL BITUMINOUS COAL WAGE AGREEMENT PRESERVED PRESERVED amended and and supplemented supplemented herein, herein, this Except as amended agreement carries forward forward and preserves the terms and contained in all joint wage agreements effeceffec­ conditions contained 1 , 11941~ 9 4 1 ? 3 1 , 1 9 4 3 ? supple­ tive April 19 through March 31, 1943, the supples i x ( 6 ) day work mental agreement providing providing for the six(6) week, and and all the various district agreements executed week, between the United Mine Workers and the various Coal and Coal Companies(based Companies(based upon the aforeafore­ Associations and 3 1 * 1 9 4 3 * said basic agreement) as they existed on March 31, 1943, and the the National National Bituminous Bituminous Coal Wage Agreement, dated April ll~ 1 1 , 1 9 4 5 o April 19450 20 2 . MINE SAFETY PROGRAM PROGRAM (a) FEDERAL MINE SAFETY CODE (a) As soon as practicable 3 ° days practicable and not later than 30 from the date of the making of the agreement, agreement~ the DirectDirect­ 6f the Bureau of Mines after consultation with reprerepre­ or of sentatives of the United United Mine Workers and such other appropriate!, will issue a reasonable persons as he deems appropriate!) condi­ code of standards and rules pertaining pertaining to safety condiand practices in the mines. Admin­ tions and mineso The Coal Mines Adminmines. istrator will put this code into effect at the mines& Inspectors of the Federal Bureau of Mines shall make periodic investigations of the mines and report to the Administrator any violations of the Federal Coal Mines Administrator Code. In cases of violation the Coal Mines AdAd­ Safety Codeo in­ ministrator will take appropriate action which may include disciplining or replacing the operating manager so that will all all reasonable reasonable dispatch dispatch said said violation violation so that will will be corrected corrected.o From time to time the Director of the Bureau of Mines maY9 may upon request of the Coal Mines AdministratoT Administrator 9 77 77 or the United Mine Workers^ Workers, review and revise the Federal Mine Safety Codeo Code* (b) (b) MINE SAFETY COMMITTEE COMMITTEE there~sM.llhbeD,a.'Mt.ne . . SafeJyGennuilttltee At each mine there shallbbeDa/Mtne.S^fetyGCommittee selected uniono The Mine Safety Committee selected by the local union. Committee may inspect any mine d.evelopment development or equipment used used in producing producing coal for the purpose of ascertaining ascertaining whether compliance compliance with the Federal Safety Code existso exists. The engaged in the performance of Committee members while engaged their duties shall be paid paid by the Union~ Union, but shall be employment deemed to be acting within the scope of their employment Workmen's CompenCompen­ in the mine within the meaning of the Workmen1s performed. sation Law of the state where such duties are performed. If the Committee Committee believes conditions found endanger the life and and bodies of the mine workers, Workers, it shall report its findings and recommendations recommendations to the management. In those special instances where the Committee believes an immediate danger exists and the Committee recommends recommends immediate that the management management remove all mine workers from the area,9 the operating manager or his managerial unsafe area subordinate is required required to follow the recommendation recommendation of Committee^9 unless and until the Coal Mines AdminisAdminis­ the Committee trator,ll taking into account the inherently hazardous trator authority character of coal mining, determines that the authority Committee is being misused of the Safety Committee misused and he cancels authority. or modifies that authorityo The Safety Committee Committee and and the operating manager inspections, shall maintain such records concerning concerning inspections, findings, recommendations findings, recommendations and actions relating to this Adminis­ provision of the agreement as the Coal Mines Administrator may require and shall supply such reports as he may request request. 0 30 3 o WORKMENnS WORKMEN'S COMPENSATION COMPENSATION AND OCCUPATIONAL OCCUPATIONAL DISEASE The Coal Mines Administrator Administrator undertakes to direct each operating manager to provide its employes with the protection and coverage of the benefits under Workmen's Workmen's protection Compensation and Occupational Disease Laws, Compensation Laws 9 whether compulsory or elective elective,9 existing compulsory existing in the states in which employed.o the respective employes are employed Refusal of any operating manager to carry out this direction shall be operating deemed a violation of his duties as operating managero manager. deemed Administra­ In the event of such refusal the Coal Mines Administradis­ tor will take appropriate action which may include disciplining or replacing the operating manager or shutting mine.o down the mine 78 4$ 4. HEALTH AND WELFARE PROGRAM PROGRAM There is hereby provided provided a health and and welfare propro­ gram in broad broad outline--and it is recognized outline—and recognized that many important details remain to be filled in--such important i n — s u c h program to consist of three parts 9 as follows: follows: 9 (a) (a) A A WELFARE AND RETIREMENT FUND A and retirement retirement fund is hereby created A welfare and said fund by the operating and there shall be paid into said pro­ managers five cents per ton on each ton of coal produced for use or for saleo sale managed duced This fund shall be managed trusteesg one appointed appointed by the Coal Mines AdAd­ by three trustees ministrator, one appointed appointed by the President of the ministrator" United Workers^, and and the third Uni ted Mine Workers!) third chosen by the other two. The fund shall be used used for making payments to two.. miners, and their dependents and and survivors, survivors, with respect miners, (i) wage loss not otherwise compensated compensated at all or to (i) adequately under the provisions of Federal or State adequately and resulting from sickness (temporary (temporary disability), disability), law and permanent disability, (ii) permanent disability~ death or retirement, and (ii) related welfare purposes, determined by the other related purposes 9 as determined trustees. Subject to the stated stated purposes of the fund, trusteeso the fund, the trustees shall have full authority with respect respect to questions of of coverage coverage and and eligibility, among questions eligibility~ priorities priorities among classes of of benefits amounts of of benefits, methods of of classes benefits g amounts benefits, methods providing or or arranging arranging for for provision of benefits, and providing provision of benefits, and all related all related matters* matters o The Coal Mines Administrator Administrator will instruct the operating managers that the obligation obligation to make paypay­ ments to the welfare and retirement fund becomes effeceffec­ produced on and after June 1, 1, tive with reference to coal produced 1946; the first actual payment 1946; payment is to be made on 15? 1946, period from June 1 to August 15, 1946~ covering the period 1 5 ; the second second payment payment to be made on September September 15, 15» July 15; 3 1 ; and covering the period period from July 15 to August 31; 1 5 t h day of each thereafter payment to be made on the 15th month covering the preceding preceding montho 0 9 9 (b) A MEDICAL ~mDICAL AND HOSPITAL FUND (b) A There shall be created a medical and hospital fund, fund, to be administered administered by trustees appointed by the President Workers,, This fund shall be accumuaccumu­ of the United United Mine Workerso presently being made and and lated from the wage deductions presently authorized by the Union and and. its such as may hereafter be authorized medical, hospita1 hospital^9 and related members for medical~ related services for dependents the miners and their dependents. The money in this fund 0 79 shall used for the indicated snail be used indicated purposes at the discrediscre­ tion of the trustees of the fund; fund; and the trustees shall adjust­ provide for such regional or local variations and adjustbenGfits^andcbfcher^practices, ments in wage deductions,* de(luctiDn~~; beneftts~~andc6t.her~)pr.actli:ce~, of funds to local unions unions,g as may be necessary and transfer tif and as are in accordance with agreements made within the n i o n s organization" organization. framework of the UUffion1s The Coal Mines Administrator Administrator agrees(after the trustees make arrangements satisfactory satisfactory to the Coal Mines J.dministrator) Administrator) to direct each operating manager to turn over to this fund fund,9 or to such local unions as the trustees of the fund may direct!) directs all such wage deductions, deductions, beginbegin­ stated date to be agreed upon by the AdminAdmin­ ning with a stated and the President of the United Workers: istrator and United Mine Workers: Provided, however however 9 that the United Mine Workers shall Provided!' affected employes to first obtain the consent of the affected Administrator will coco­ such turn-over. turn-over.. The Coal Mines Administrator operate fully with the United United Mine Workers to the end that there may be terminated prac­ terminated as rapidly as may be practicable any existing existing agreements that earmark the expenexpen­ diture of such wage deductions deductions,ll except as the continuacontinua­ tion of such agreements may be approved approved by the trustees of the fund. of the fund" Present practices with respect to wage deductions deductions and their use :-por toi provisions of medical medical^g hospital and related services shall continue until such date or dates agreed upon by the Coal Mines Administrator Administrator as may be agreed and the President President of the United Mine Workers8 Workers. and 8 9 (c) WELFARE AND RETI REMENT (e) COORDINATION COORDINATION OF THE WELFARE RETIREMENT FUND AND AND THE MEDICAL AND AND HOSPITAL FUND Administrator and the United United Mine The Coal Mines Administrator Workers agree to use their good offices to assure that described above will coopercooper­ trustees of the two funds described ate in and and coordinate the development development of policies and working agreements necessary for the effective operaopera­ tion of each fund toward achieving the result that toward achieving resul t each fund will, will, to the maximum practicable, maximum degree practicable, operate to complement complement the othero other. 5 o SURVEY OF MEDICAL AND SANITARY FACILITIES 5" The Coal Mines Administrator Administrator undertakes to have comprehensive survey and study of the hospital made a comprehensive and medical facilities, facilities~ medical treatment, sanitary, sanitary, and housing conditions in the coal mining areas. areas. The purpose of this survey will be to determine the charchar­ and scope of improvements improvements which should should be:-made be: made acter and. 80 to. prQvide the the mine workers wQrkers Qf NatiQn wi th medical, to provide of the the Nation with medical, conforming to. to recQgnized recognized housing and sanitary facilities cQnforming hQusing American standards" standards. American 6. WAGES WAGES 6" (Ia) All mine workers, wQrkers, whether emplQyed day, employed by the the day, (a) All tQnnage per day tonnage Qr or fQQtage footage rate rate,J shall receive $1 $ 1 . 885 5 per in additiQn prQvided fQr addition to. to that provided for in the the cQntract contract which 1 , 19460 expired March expired March 331~ (b) perfQrmed Qn (b) WQrk Work performed on the the sixth cQnsecutive consecutive day is QptiQnal, perfQrmed shall he be paid paid fQr optional, but hut when performed for at time and Qne-half one-half Qr or rate and Qne-half" one-half. (c) HQliday, when wQrked, be paid fQr for at (c) Holiday, worked, shall be time and one-half Qr or rate and Qne-halfo one-half. HQlidays Holidays shall be cQmputed the sixth and seventh day d.ay computed in arriving at the in the the week week.o 0 70 VACATION PAYMENT 7 o VACATION PAYMENT periQd shall be the rule of Qf the the An annual vacatiQn vacation period be the industry.. to. MQnday, industry. FrQm From Saturday, June 29, 1946, 1946, to Monday, July 8, be aa vacation periQd 8, 1946, 1946, inclusive inclusive^9 shall be period during which cQal prQductiQn shall cease Day-men re­ recoal production cease.o quired to. work wQrk during this periQd and quired to period at coke plants and other necessarily necessarily cQntinuQus continuous QperatiQns operations Qr or Qn on emergency emergency Qther the same duratiQn duration or repair wQrl{ work shall have vacations of the Qr other agreed periQds periods.o at Qther All employes with aa record recQrd Qf of one one yearls year's standing 1955 to 3 1 , 1946) 1946) shall reveive as compencompen­ (June 1, 19~5 to. May May 31, satiQn mentiQned vacation vacatiQn periQd sum for the the abQve above mentioned period the the sum sation fQr of one one hundred dollars($100), with the following excepexcep­ Qf hundred dollars($IOO), the follQwing entered the those tion: EmplQyes Employes who tiQn: who entered the armed services and thQse who returned from the who. returned frQm the armed armed services to to their jobs jQbs during the $100 $100 vacatiQn vacation qualifying period the qualifying periQd shall receive the payment. payment All the the terms and provisions prQvisiQns Qf of district agreements agreements for sick and injured emplQyes employes relating to to. vacation pay pay for carried forward forward to are carried to. this agreement and payments are to be sumo as provided herein. to. be made in the the sum,: prQvided herein" Pro. the mQn,ths the for the months they are are Qn on the Pro rata payments for payrQll be prQvided wQrkers who who. are payroll shall be provided fQr for thQse those mine workers given emplQyment the qualifying periQd and thQse employment during the qualifying period those who. who leave their emplQymento employment. The vacatiQn payment of the 1946 periQd shall be be of the 1946 period vacation payment 0 madelon~ ~ Qcc:urttpg~ madecan; t.he~.la.st.pay the; last pay 'd~y day.occur r x n g ii.n-·.the~mnntho·oL-JlIne i n t h e mnhfchoof •"June Qf of that yearo year. 88. 0 SETTLEMENT OF Dr DISPUTES SETTLEMEN'r SPUTES UpQn petition petition filed by by the United Mine WQrkers Upon the United Workers with the CQal the prQcedure procedure Coal Mines Administrator Administrator shQwing showing that the 81 for the adjustment of grievances in any coal nroducing producing district is inequitable in relation to the generally prevailing standard standard of such procedures in the industry, industry, prevailing the Coal Mines Administrator Administrator will direct the operating in­ managers at mines in the district shown to have an inequitable grievance procedure to put into effect within period of time the generally pervailing pervailing aa reasonable period grievance procedure in the ind.ustry. industry. 90 9 o DISCHARGE CASES The Coal Mines Administrator Administrator will carry out the provision in agreements which were in effect on March 31, 31> 1 9 4 6 , between coal mine operators and the United United Mine 1946, Workers that cases involving involving the discharge of employes employes disposed of within days. for cause shall be disposed wi thin five dayso 1 0 . FINES AND PENALTIES PENALTIES 10. No fines or penalties shall be imposed imposed unless authorauthor ized by the Coal Mines Administrator. Administrator o In the event that imposed by the Coal Mines such fines or penalties are imposed Administrator, the funds withheld withheld for that reason shall provided for be turned turned over to the trustees of the fund provided 4 ( b) b ) hereof hereof,J to be used. used for the purposes in section 4( stated therein. therein. stated 1 1 . SUPERVI SUPERVISORS 110 SORS With respect to questions affecting affecting the employment employment foremen, supervisors, supervisors, technical and bargaining status of foremen, and clerical workers employed employed in the bituminous mining and Administrator will be guided industry, the Coal Mines Admt.nistrator by the decisions and procedure laid laid down by the National Board, Labor Relations Board. 120 1 2 . SAFETY Nothing herein shall operate to nullify existing statutes^9 but this agreement is intended intended to supplesupple­ state statutes ment the aforesaid statutes in the interest of increased increased safety. mine safetY$ 1 3 o RETROACTIVE WAGE PROVISIONS PROVISIONS 13. The Wage provisions of this agreement shall be retroactive to May 222~ 19460 2 , 1 9 4 6 ° 82 8 2 140 1 4 o EFFECTIVE DATE This agreement is effective as of May, 9 , 1946, 1 9 4 6 , subsub­ May, 229, ject to approval of appropriate Government agencies. agencies. Signed at Washington, Washing ton , D. Do Co day of C. on this 29th 2 9 t h May, 1 9 4 6 . May~ 19460 JULIUS A A. KRUG, KRUG, Coal Mines Administrator i strator JOHN L. t~ LEWIS, LEWIS, President United Mine Workers of America America 0 DOCUMENT DOCUMENT II LSelect ^Select parts of Section 4 of the NorrisLaGuardia laGuardia Act(47 Stat Stat o 7017 70^7 Q Section 40 4° No court of the United United States shall have jurisdiction restraining order or temporary temporary jurisdiction to issue any restraining permanent injunction injunction in any case involving involving or growing or permanent prohibit any person or persons persons out of any labor dispute to prohibit participating or interested interested in such dispute (as these participating terms are herein defined) from doing~ doing, whether singly or acts: in concert, concert~ any of the following acts: (a) (a) Ceasing Ceasing or refusing to perform perform any work or to employment; remain_in any relation of e~£loyment; Subsection (b) (b) omitte£!, omitted/; /Subsection Tc) Paying or giving to,,or tO~Jor withholding withholding from, c) Paying from, any person participating participating or interested interested in such labor dispute, dispute, any strike or unemployment unemployment benefits or insurance, or other moneys or things of value; value; (d) (d) By all lawful means aiding any person participartici­ pating or interested interested in any labor dispote who is being proceeded against in:,) prosecut.t~g,~.aJlY action or proceeded in or is prosecuting,^any State; suit in any court of the United States or of any State; (e) publicity to the. (e) Giving publicity the, existence of, of, or the facts involved involved in, in, any labor dispute, whether by adveradver­ tising, speaking, patrolling tising~ patrolling or by any other method method not involving fraud or violence; violence; involving (f) Assembling peaceably peaceably to act or to organize to tf) Assembling dispute; act in promotion promotion of their interests in a labor dispute; (g) (g) Advising Advising or notifying notifying any person of an inteninten­ specified; tion to do any of the acts heretofore specified; (h) (h) Agreeing with other persons to do or not to do allY any of the acts heretofore specified; and (i) (i) AdvisiDg~ Advising, urging or otherwise causing or inducinduc­ ing without without fraud fraud or violence the acts heretofore specispeci­ fied fied*o ( 9 BI BLIO GRAPHY BIBLIOGRAPHY BIBLIOGRAPHY BIBLIOGRAPHY BOOKS A1insky S; An Unauthori zed BioAlinsky,~ SauL Saul. John Lo L. Le.wi Lewis; Unauthorized Bio­ graphyo York? Go G. Po P. PutnamUs Putnam's Sons, Sons, 19490 1949. graphy » New York: Barbash~ Barbash, Jack (ed ( e do) Unions and Union Leadershipo Leadership. York: Harper & & Row~ Row, 19590 1959. New York: 0 Bernstein, Barton .l., 4...,~ Bernstein~ and Matusow, Allen JJ. (eds.,) (eds.) and. The The Truman Truman Administration: Administration: A A Documentary Documentary Historyo History. York: Harper & & Row~ Row, 1966~ 1966. New York: Carnes, Carnes, cecil., Cecil. John Lo L„ Lewis Lewis. o Corp., 19360 1936. Speller Corp." 0 New York: York: Robert Chamberlain, Neil Wo W. Sourcebook on Laboro Labor. McGraw-Hill Book Company, 1958 1 9 5 8 0. Coffin, Tris. Missouri Compromise Compromise.o Coffin~ Triso 1 9 4 7 « Company, 19470 Brown and Company~ New York: York: Boston: Little, Boston: Little, New York: Farrar & & New York: McAlister. Men and Coalo Coal. Coleman, McAlistero 1943. Rinehard,9 Inc., Rinehard Inc.,~ 19430 Congress of Industrial Organizations., Organizations. CIO: CIO: 1935-19550 1 9 3 5 - 1 9 5 5 < > washington: Washington: Congress Congress of of Industrial Industrial organizations~ Organizations, 1955<> 1 9 5 5 . Convention. .,o Proceedings Eighth Constitutional Convention" --19460 1 9 4 6 . ~ ~ oo Proceedings Ninth Constitutional Convention~ Convention. --1947a 1 9 4 7 Daniels, Jonatbano Jonathan,, The Man 6f of Independence. Independence J. 1 9 5 0 o Jo B„ Bo Lippincott Lippincott Company, Company 9 1950 0 New York: New York: 0 Dearing, Charles L, Pensions.o La Industrial Pensions The Brookings Institution, 19540 1954. Washington: Washington: Writers~ Project Project of Oklahoma, W.P.A. WoPaA. Labor Federal Writers History of Oklahoma. Oklahoma Oklahoma City: A* Ao M. Mo Van History 1 9 3 9 * Horn, Horn, 19390 9 86 Walter" The CIO Challenge to the AFLo Walter. AFL, bridge: Uni versi ty Press, bridge: Harvard University Press, 19600 I 9 6 0 . Galenson~ Galensoxij, CamCam­ Ginzberg, Eli, The American Eli, and Berman:;l Berman Hyman.. Hyman* American Worker in the Twentieth in the Twentieth Century" Century. New New York: York: The The Free Free Peess Press of Glencoe~ 19630 1963. of Glencoe, 9 Goldberg, Arthur Jo J. AFL-CIO: AFL-CIO: Labor United. McGraw-Hill Book Book Company., 1 9 5 6 0 o Company, Inco, Inc., 1956 New York: New York: Goldman, Eric Eric E.... America, 1945E* The Crucial Decade, Decade, America, 1 9 4 5 .!2.2.2" New York: York: Alfred Alfred Ao Knopf, 1956. 1955° New A. Knopf, 1 9 5 6 * L, The Making of Economic Society. Society. Heilbroner, Robert L" Englewood Cliffs, N" J,,: Prenti ce-Hall, Inc ~, 1962. Englewood Cliffs, N. J.: Prentice-Hall, Inc., 1962. American Road, Hoover, Herbert. Addresses Upon the American Road, Hoover, Herbert" Addresses.Upon New York: York: D" Van Nostrand Nostrand Company, 1949a 1 9 4 5 - 1 9 4 8 . New D. Van 1 9 4 9 . 1945-1948. Koenig, Louis W. Wo (ed.) (ed. ) The Truman Administration: Its Principles and Practice. Practice" New York: York: New N~w York 1956. University Press, Press, 1956. Labor Cases. Cases. New York: York: Commercial Clearing House, House, Ince, Inc., 19470 and 1 9 4 7 » Volumes 11 1 1 and 12. 1 2 . Manual. Washington: The Labor Relations Reference Manual" Bureau of National Affairs, Inco, 1947" Volume 1919& 1 9 4 7 ° Volume Bureau of National Affairs, Inc., Lantz, Herman Herman Ro Town. R. People of Coal Town. Columbia 195&° Columbia University University Press, Press, 1958. New York: York: Lauck, Rex. Rex" John John Lo L o Lewis and the International Union Uni ted ,Mine Ainerica. Si 1ver Spring, o : United Mine Workers Workers of of America! Silver Spring, Md Md.: International Board of United Mine International Executive Executive Board of 'the the United Mine Workers of Workers of America, America, 19520 1952. Lee, Re R. Alton" Alton. Truman and and Taft-Hartle~. Taft-Hartley. Lee, University of Kentucky Press, 1 9 6 6 •. University Press, 196 Lerner and Passions. PaSSions. Lerner,l1 Maxo Max. Actions and Schuster, 1949. 1949« and SchusteriJ Lexington: Lexington: York: Simon New York: John L. L. L . Lewis in Opposition Speech by John Lo OP~osition to Taft~Hartley Statute. Taft-Hartley Statute. \~shington: Washington: Labor Labor " ss NonNon­ Partisan League~ partisan League, 1947. 1 9 4 7 ° Lewis, Lewis~ 1 Lilienthal, E. Lilienthal.. Lilienthal. Li1ienthal~ David E. Eo The Journals of David David E" New York: York: Harper & Row^ Row, 1964. Volume 20 New 1 9 6 4 < > Volume 2 . ~:u\'1 .0 V 87 Litwack, Leon. The The American Labor Movement.. Movement. Englewood Englewood Li twack, Leon" Cliffs No Cliffs. N o J.: Prentice-Hall. Inc., 1962. Jo! Prentice-Hall, Inco, 19620 J Marcantonio, Marcantonio, Vito" Vito. II Vote My My Conscience: Conscience: Debates, Debates, SSpeeches, eeches and s of and Writin Writings of Vito Marcantonio· Marcantonio, 11 9 3 5 !.22..Q.o .. Rubinstein, .. aall 1 New New 1950. Edited by by Annette T T. Rubinstein, et et. York: Vito Marcantonio Memorial, Memorial, 1956 1956... York: and Lynch~ Lynch, Edward A.. A. Coal and David JJ., .. ~ and a.nd Unionism. Silver Spring Spring,9 Md,,: Md„: Cornelius Printing Printing Unionismo 1939. Company, 19390 McDonald, McDonald~ Mettitt, Mettitt, Walter Gordon" Gordon. Destination Unknown: Unknown: Fifty Years Years New York: York: Prentice-Hall, Inc., Relations. New of Labor Relations Inc .. , 195K 19510 6 A., and and Brown, Brown, Emily C.. C. From the the Wagner Harry Ao, to Taft-Hartleyo Taft-Hartley. Chicago: Chicago: University of Act to Press, 1950 1950... Chicago Press, Mi H i s , Millis~ Conference. Wage AgreeAgree­ National Bituminous Coal Wage Conference.. ments, 1941-1950., 1941-1950. W.Va.: Commercial ments, Fairmont, W .. Va .. : Commercial Printing Company, n.d. n"d .. Phillips, CabelL Cabell. The The Truman Presidency.. Presidency. Phillips, The Macmillan Company, 1966. 1966. New York: New York: G. A A History of of American American Labor. Joseph Go Labor. New: New: York: The The Macmillan Company, 1959 1959.. York: Rayback, Rayback~ Rees, Alberto Albert. The The Economies Economics of of Trade Unions. Unions. Rees, of Chicago Press, Press, 19620 1962. University of Chicago: Chicago: Seidman, Joel. Joel. American Labor From Defense to to ReconRecon­ version .. Chicago: University of of Chicago Press, version. Chicago: University Chicago Press, 1953 1953... Taft, Philip. Philip" The The A.F. AoFo of of L. Lo from the the Death Death of Gompers to the & Brothers, 1959.. the Merger. Mergero New New York: York: Harper & Brothers, 1959 . Organized Organized Labor Labor in in American American History.. History. 1964. — Harper & & Row, Row, 19640 _____ 0 New New York: York: S. The The Economic Reports of the Truman, Harry S6 the President as Transmitte~to Transmitted to Congress: Congress: January January 1948, 1948, January as 1947* 1947o New Hitchcock, 194~, July 19470 New York: York: Reynal & & Hitchcock, T194 9 4 S 00 88 88 New * Memoirs Memoirs. New York: York: Doubleday & & Company, Company, 11955955o Two Two volumes volumes,o _____ 0 19560 1956o the o Mro M r President: President: The The First Publication from the Personal Diaries, Priv~te Letters, Let~rsz Papers and and Personal Diaries, Private of Harry So S, Truman" Truman, Edited Edited Revealing Interviews of by William William Hillman.. New York* York: Farrar, and Farrar, Straus and by Hillman, New Young, 119520 952, ___0 0 by » The The Truman Program: Program: Addresses and and Messages by Presid.ent Harry Harry So Truman Edi ted by M. B. B. President S. Truman, Edited by M. Schrapper. Washington: Press, 11948~ 948Schrappero Washington: Public Affairs Press, ____ 0 0 ~Q• ___ Truman Truman Speaks.. Speaks, Press, 1960 Press, I960,.. New New York~ York? Columbia Columbia University University United Mine Workers Workers of Americao Proceedings of the of America, of the Fortieth Consecutive Convention" 1948. Convention. 194& • ____ ". Annual Annual Report Report of of the the Trustees Trustees of of the the Welfare Welfare and Retirement Fund.. 1960., I960, and Retirement Fund, Voorhis, Voorhis, Jerry~ Jerry, Confessions of of a a Congressman~ Congressman, Doubleday & & Company, 1947" 1947» New New York: York: Wechsler, James A. Ae Labor BaroH, Baro_ New New York: York: William Morrow and and Company, Inca, Inc., 19440 1944° Q Wieck, AQ The Miners B Case and Wieck, Edward A, The Miners' and the the Public Interest" York: Russell New York: Russell Sage Sage Foundation, Foundation, 19470 1947° Interest. New GOVERNMENT GOVERNMENT DOCUMENTS DOCUMENTS Department of of the of Mines" Mines. Federal Department the Interior, Bureau of Mine Safety Code for Bituminous-Coal and for Bituminous-Coal and Lignite of the United States, 1 9 5 3 . Mines of the States, 1953. ____ ,, Bureau .. 73650 Safety Bureau of of Mines Mines Circular Circular No No, 7365. Safety Record Record 7 Island Island Creek Coal Coo, Co., Holden, Holden, Logan of Mine No, Noo 79 1946, County, W.Va,, WoVao~ 19460 9 .,o A A Medical Survey of of the the Bituminous-Coal Industry~ Industry --19470 1947* Department of of Labor, of Labor Statistics Bulletin Department Labor~ Bureau of Noo 8865~ No. 6 5 , Extent of of Collective Bargaining and and Union Recognition, 1945, 1945» 19460 1946o Recognition, 9 ,, Bureau Bureau of of Labor Labor Statistics Statistics Bulletin Bulletin No. No. 867. 867. ---.Wage Structure in of in Bituminous-Coal Mining, Mining, Fall of !2A.2., 19460 1 9 4 - 5 , 1 9 4 6 , ,, Bureau Bureau of of Labor Labor Statistics Statistics Th~lletin Bulletin ---Union Health and and Welfare Plans, Plans, 1947. 1947. No. No. 900. 900. ,, Bureau Bureau of of Labor Labor Statistics Statistics Bulletin Bulletin No. No. 1000. 1000. -----Brief Brief History History of of the the American American Labor Labor Movement, Movement, 1964. 1 9 6 4 * o _____ a Volumes.&2~~~,14JI94&Volumes 62^65,1$34&- The The Monthly Labor Review. Review. 1947. 1 9 4 7 o Volumes 11-12, 1946-1947. The Federal Register. The Federal Register. Volumes 1 1 - 1 2 , 1 9 4 6 - 1 9 4 7 . National Commission of Technology, Automation, and National Commission of Technology, and Economic Progress. Technology Automation, and the American Economic 1966. Progress. Technology and the American Economy, Economy, i960. Public Papers of of the the Presidents: Presidents: Harry S. S. Truman, Truman, 19611 9 6 1 1 9 6 3 . for the the years 1945-1947. 1 9 4 5 - 1 9 4 7 . Volumes for 1963. Volumes 47, 4 7 , 57, 5 7 , and and 61. 6l. Statutes at at Large. Large. NEWSPAPERS New York Times. Times. 1946-1947. 1 9 4 6 - 1 9 4 7 . 1946-1947. Saltt Lake 'rribune. Tribune, Sal Washington Post. Post. 1 9 4 6 - 1 9 4 7 . 1946-1947. 1 9 4 6 - 1 9 4 7 , Wyoming-Utah Labor Journal. Wyoming-Utah Journal. Cheyenne, Wyoming, Wy~ming, weekly. weekly. 1946-1947. 1 9 4 6 - 1 9 4 7 . PERIODICALS PERIODICALS American Federation!st. Federationist. American Volumes The American American Mercury. Volumes Atlantic Monthly. The Atlantic Volume Coal Age. Age. Volumes Coal Mining. 53-54(1946-1947). 5 3 - 5 4 ( 1 9 4 6 - 1 9 4 7 ) . 64-65(1946-1947). 6 4 - 6 5 ( 1 9 4 6 - 1 9 4 7 ) . 179(947). 1 7 9 ( 1 9 4 7 ) . 51-52(1946-1947). 5 1 - 5 2 ( 1 9 4 6 - 1 9 4 7 ) . Volume 23(1946). The Colliery Colliery Guardian. 2 3 ( 1 9 4 6 ) . Volumes 172-1750946 -1947). 1 7 2 - 1 7 5 ( 1 9 4 6 - 1 9 4 7 ) o 90 Current History. History. The Nation. Nation. Newsweek. Newsweek. Volume 163(1946). 163(1946). Volumes 28-29(1946-1947). 28-29(1946-1947). The New New Republic. Republic. Time. Time. 10-14(1946-1947). Volumes 10-14(1946-1947). Volumes 1114-117(1946-1947). 14-117(1946-1947). Volumes 48-49(1946-1947). Volumes 48-49(1946-1947). United Mine Workers Workers Journal. United Mine Journal. The United States News. The United States News. Volumes Volumes 52-53(1946-1947). 52-53(1946-1947). Volumes 20-21(1946-1947). Volumes 20-21(1946-1947). ARTICLES ARTICLES Bernstein, Barton J. its J. liThe "The Truman Administration Administration and and its Reconversion Wage .Policy, II Reconversion Wage Policy,"tI Labor History, II (Winter 1961), . 1 9 6 1 ) , 33-19. -19. Chasan, Will. Will. "LewiS: The "Lewis: Robber Baron of of Labor, Labor,"II The Mercury, LXIV(May LXIV{May 1947), American Mercury, 1947)* 526-533.--526-533. Coffin, Tris. Tris. "John L. L .iss Last Stand," The The Nation, Nation, CLXIII(December 7, 1946), 639-641. 639-641. CLXIII{December f Danielson, Richard Richard E. E. "The to Strike, The "The Right to Strike,"II The Atlantic Monthly, GLXXIX(February 1947), Atlantic Monthly, GLXXIX(February 1 9 4 7 ) , 28-32. 28^32. Free, James. James. "Lewis v. Two," The The New Free, v. Truman: Truman: Round TWo," New Repuhl ic, . CXV(December CXV{ December 2, 1946), Republic, 1 9 4 6 ) , 718-719. 718-719. Hardman, J. J. B. B. S. S. IIJohn "John L. L. Lewis, Lewis, Labor Leader, and and Man: Man: An Interpretation, Interpretation,"II Labor History, VI(Fa11 VI(Fall 1965), 1965)9 214-231. 214-231. Kramer, the Leader,1I Kramer, Dale. Dale. "Follow "Follow the Leader," The The New New Republic, Republic, CXVI(Apri1.l4, CXVI(April 1 4 , 1947), 1 9 4 7 ) , 22-27 22-27.• . Mo1ey, "Who Mo ley, Raymond. "Who Makes Policy?, Policy?,"tI Newsweek, XXVIII 9 , -.1946), 1 9 4 6 ) , 108. (December 99 Raskin, ve, II The The American Raskin, A. A. He H. "How "How Miners Li Live," American Mercury, Mercury, LXIV(Apri LXIV(April1 .1947), 1 9 4 7 ) , 421-427. 421-427. . Wechsler, James A. LewiS, II The A. "Showd.own "Showdown on on Lewis," The Nation, Nation, CLXIII(November.30, 1946), 602-6050 602-605. CLXIII(November·30, •. "Unconditional "Unconditional Surrender," Surrender," The The Nation, Nation, CLXIII CLXIII --(December (December 14, 1 4 , 1946), 1946), 683-684. 91 91 Whi te, Theodore tt'Number ve Was a Dry Mine, White, Theodore H. "'Number Fi Five M i n e , I "II The New Republic, CXVI(May 1947), 21-23. 21-23. The Republ i G, CXVI( May 5, 1947), 1 CORRESPONDENCE CORRESPONDENCE Allai, International Board Board Member, President, Allai, Henry. Henry. President, District 1 4 , UMWA, Secretary-Treasurere of Di and SecretarY-Treasurere strict 14, UM:VA, January 18, l 8 , 1967. 1967. Austin, strict 23, 23, UMWA, Louis. Acting President of Di District UMWA, A u s t i n , Louts. February 6, 19~7. February 6 , 1947. Doyle, B o y l e , W. W. A. President, UMWA, January 19, 1 9 , 1967. 1967. Fowler, David. President of District 21, Fowler, David. 2 1 , UMWA, UMWA, 23, 1967. 1967. January 23, Ghizzoni, John. President of Ghizzoni, John. of District 2, UMWA, UMWA, January 23, 23, 1967. 19^7. Heffer1y, Hefferly, Fred K. K. International Board Member, President, President, Secretary-Treasurer of District 15, 1 5 , mrWA, UMWA, and Secretary-Treasurer 1967. February 1, 1967. Kmetz, John T. 1967. President of strict 1, UMWA, January 24, of Di District 1, UMWA, 24, Lewis, L. L e w i s , John L. 1967. 1967. President Emeri tus, UMWA, January 23, Emeritus, 23, Lovelace, retary-"rreasurerco~~'Di i; tr ic t 23, 23, UMWA, UMWA, L o v e l a c e , Jess. Jess. Sec Secretary-Treasurercofi^District 2ebruary February 1, 1967. 19&7McCarthy, Just i n. Editor Ed i tor of the Uni ted Mine Worker s Justin. the United Workers Journal, February February 23, 23, 1967. Journal, 19&7* Nicholls, N i c h o l l s , Sam. 1967. President of District 10, UMWA, UMWA, January 19, 19, Sweeney, Secretary-Treasurer Sweeney, Edward. Secretary-Treasurer of District 2, UMWA, January January 20, 20, 1967. 1967. Urbaniak, strict 31, UUIVA, U r b a n i a k , C. C. J. J. President P r e s i d e n t of Di District 3 1 , UMWA, January January 24, 24, 1967. 19^7 • INTERVIEW INTERVIEW S t e v e n s o n , Frank. Frank, of District 22, UMWA. At Stevenson, President of 22, UMWA. t i m e s during d u r i n g October and November 1966, Mr. various times November 1966, Mr. Stevenson k kindly his i n d l y allowed the the author to to examine his office files. files.