Chicago, May 24th, 1887.
To the Builders' and Traders' Exchange of Chicago and all filial bodies of the National Association of Builders, and to the general public:—
In view of the serious disturbance to building interests in the City of Chicago, and the widespread influence likely to flow from it to other localities, affecting not only the building trades, but all branches of industry in the United States, it has been thought wise to call the Executive Board of the National Association of Builders to this city, to carefully examine the situation, investigate the causes which have produced the existing conditions, and report thereon to all filial bodies for their information, together with such suggestions for their future action as may seem wise and best. All interested parties (and every business has interests more or less directly involved in this question) should thoroughly understand that the National Association of Builders assumes no powers of a dictatorial character; it simply acts as an advisory body, and communicates its conclusions only in the form of recommendations, which its affiliated associations may or may not adopt or follow, as the circumstances by which they are surrounded demand. But it should also be borne in mind that the National Association endeavors to confine its expressions of advice and recommendation to the general principles that underlie and affect conditions in all localities, and in this especial issue and crisis which has arrived in one of the most important business centers in this country, the Executive Board intends to be particularly careful, while considering the facts that exist in this city, to avoid as much as possible in its advice or recommendations, all local or superficial issues, and deal largely with the problem that is rapidly demanding solution in every city and town in the land.
It is one of the purposes of the National Association to keep watchful guard over the interests of builders everywhere throughout the country, giving its advice and assistance to all its members when difficulties arise, using its influence with them to secure and maintain just relations either in their contact with each other or in their relations to owners, architects or workmen, and prevent the encroachment of other interests upon ground that belongs to them.
The exact circumstances that have brought about the present blockade of business in Chicago may not be absolutely identical with the issues that have caused similar disturbances in other cities, and they may not be exactly reproduced in the future in any other locality; but the root from which they spring has been planted everywhere, and while the plant may be good and worthy, it is a matter of the greatest concern to all that the growth from it be carefully watched and held in check, lest it assume such rank and oppressive proportions that other interests, equally valuable and necessary, be overgrown and choked. It is sometimes necessary to prune a vine of rank and unhealthy growth, in order that it may bear good fruit. We apprehend that the experience of the builders of Chicago in this crisis will be of great importance to builders in other cities, and we hope to utilize their experience in such a way that general business interests will be better protected and preserved in the future, the proper purposes, opportunities and interests of organizations of workmen maintained and encouraged, and that the individual workman himself, whether he be connected with organizations or independent of them, may be placed in a position where he may exercise unquestioned his rights as an American citizen.
In this endeavor we ask the co-operation of all business men, particularly those whose affairs bring them into direct contact with the difficult and perplexing questions incident to the employment of labor, and the community generally, for the public as a whole has an immense stake in this question of individual liberty. We have endeavored to make our inquiries in a disinterested spirit, and, in pursuance of this purpose, have given hearings to the employing builders, the Bricklayers' Union, non-union workmen, manufacturers, merchants, bankers, architects and business men generally, believing that we could only consider the question fairly by listening to all sides and opinions.
The result of our investigation leads us to report as follows:
The demand for pay-day on Saturday by the Bricklayers' Union, which precipitated the present blockade of business in the building trades in Chicago, was in itself inconsequent and trivial, and a concession or denial of it, on its merits, would have been immaterial; but it was presented in such a manner, at a time when the hodcarriers' strike, in progress, had been supported by the Amalgamated Building Trades, and had been preceded by such concessions on the part of the employers, that they felt this to be the "last straw," and that their duty to themselves and others compelled them to make a stand and demand a surrender of the rights which had been previously abrogated. In this course, and in the manner in which the builders have presented their convictions and method of future action, we believe that nothing has been done beyond what the situation imperatively demanded, and the safe and proper conduct of business required; we are only astonished that the crisis has not been sooner reached. It seems to us that this strike or lockout was not caused by a demand that it was impossible to grant, but was the direct result of the assumption by organizations of workmen, for a number of years, of rights not properly within their jurisdiction, and the demand coming, as it did, under such aggravating circumstances, occasion was properly taken, in our opinion, for a complete cessation of business, in order that it might finally be decided and settled whether the employer should for the future be free from further encroachments, and that he might recover those rights and prerogatives which properly belong to him. It is worthy of note that this issue or demand was not made in the dull season, when it might have been more easily arranged, or at least considered, but after the busy season was reached, and in addition to and in support of existing strikes. The Union making it did not seek to consult the employers in regard to its feasibility, although after it was promulgated (the employers requesting a re-consideration), a slight alteration was made in one of the details.
It appears, according to the testimony of the Bricklayers' Union, that there has been no general strike in their trade for the last four years, but they admit that during that period they have been successful in enforcing certain rules and regulations in regard to control of journeyman and apprentices (which are set forth in their printed Constitution and By-laws), and that the enforcement of these rules has caused strikes or stoppages of work in many cases, upon certain jobs.
It is in the rules or regulations referred to that conditions are imposed which the builders claim are an encroachment on their peculiar rights as well as the rights of independent workmen, and that in submitting to them they have made concessions which they can no longer endure.
In this opinion we entirely and heartily concur.
We will cite a few of these rules, calling attention to the fact that although the employers have at least an equal interest in the matters treated, they have never been even consulted in their formulation, but have been expected to comply with them as presented, and have so complied, for the reason, as they claim, that they could not help themselves.
The first rule, or regulation, or custom, which demands notice is that which prevents workmen, not members of the Union, from obtaining work. This is excused by the declaration of the Union that they do not claim that the non-union man shall not work—they simply will not work with him; but this explanation is purely a clever evasion of the point at issue, for the workman is by force of circumstances deprived of opportunity to labor, and the position taken by the Union is manifestly a conspiracy against the rights of the individual.
It may truly be considered the first step towards setting up an oligarchy in the midst of a free people.
This assumed right is most tenaciously held and is one of the most dangerous expedients ever adopted by a voluntary association. We believe it to be a direct attack upon individual liberty, and an evil that will re-act upon those who attempt to establish it. We also believe it to be entirely unnecessary for the welfare of Unions—that all the ends they wish to gain can be secured by legitimate measures, and that not until they cut out this cancer will harmony be restored and reforms established. This custom should be constantly and absolutely denied.
The next rule which we wish to consider is that establishing a "walking delegate."
Some of the functions of this officer (if he may be so designated), as explained by members of the Union, are perfectly harmless, and possibly quite a convenience; but if proper relations were permitted to exist between employer and workman these functions could be equally well sustained by the foreman on the job. There are other powers, however, with which he is invested, which are so arbitrary in their character, which deprive the employer so completely of that control of workmen necessary to the prosecution of his work, that it is simply ridiculous to submit to it. For instance, "He shall be empowered to use his personal judgment on all points of disagreement between employer and employe, between regular meetings."—Article V., Sec 4.
The simplest mind can readily see how little control the employer has left him, when a man not in his employ is permitted to come upon his work and "use his personal judgment" in questions of disagreement, the workman being obliged to then obey his orders. The employer seems to be a mere cipher under this arrangement, and can only fold his hands and wait till the "regular meeting" (at which he has no opportunity to be heard) settles whether the "personal judgment" exercised be just and fair. The result can be imagined. In the hands of an exceptionally honest and discreet person such a power would be dangerous enough, but in the control of a man who may not possess these qualities, or possess one of them without the other, the chances of stoppage of work under his orders, the constant annoyances to which employers, architects and owners may be subjected, makes this infliction too grievous to be borne. The thousands of unnecessary strikes, stoppages and obstructions to work for every conceivable cause, or no cause, which have occurred in all parts of the country in the name of justice and the walking delegate, are evidence enough that to owner, architect, employer and workman, he is an abomination not to be tolerated. As an adjunct to the walking delegate comes the "steward," who, like him, has some functions perfectly unobjectionable, but who in other ways is empowered to assume certain direction and control which surely is not consistent with the duties of a workman, that is, if the workman is considered to have any duty to his employer. It is noticeable that in the description of the duties of these two gentlemen, it is the "interests of the Union" only that they are directed to observe; it is true that the walking delegate is not an employe, but he is to have free access to the work, can interfere and obstruct as he pleases, but the interest of the employer seems to have been omitted in the recital of his duties. When it is considered how much is taken off the hands of the employer by these two persons, it is somewhat a matter of surprise that owner and architect burden themselves with the useless middle man, the nominal employer, when they can have the whole matter handled by the Union and its agents.
The rules in relation to apprentices are peculiarly restrictive and leave nothing whatever that is worth possessing in the hands of the employer. We cannot imagine why any contractor would care to have apprentices at all, if their direction and control is to be so completely out of his hands.
These rules declare that "no contractor shall be allowed to have more than two apprentices at a time;" "he will not be allowed to have any more until their time is completed;" "he may then replace them."
The contractor must sign such indentures as are prepared by the Union without consultation with him. "No contractor will be allowed to have an apprentice over eighteen years of age unless he be the son of a journeyman who is a member of the Union." Apprentices must also be members. The contractor is thus debarred from putting his own son at apprenticeship if he happens to be eighteen years of age. This appears to be most emphatic special legislation. In fact the whole management and control of apprentices is virtually in the hands of the Union, and we submit again that such action as this is most indefensive and pernicious. It has already caused a tremendous reduction in the number of young men learning the trade, and, if practiced in other branches of business, would create a state of revolt among the people, and would be denounced throughout the length and breadth of the land as a violation of rights heretofore supposed to be secured when this country became a Republic.
Foremen upon the work must be members of the Union. Inspectors upon public buildings must be practical bricklayers in the opinion of the Union, and members of it; in fact there are so many points that demonstrate the development of this one-sided power of the Union, and showing abuse of their place and mission that we cannot take time or space to enlarge upon them.
To our mind the Constitution of this Union, and many others, is framed upon the assumption that all employers are dishonest and bad men, so all are to suffer alike.
The Union seem to have come to the conclusion that the laws of the land are not sufficient, and they propose to be not only a law unto themselves but a law unto all others who come in contact with them.
This assumption, if permitted to stand and grow, will tend to disintegrate the whole social and political fabric upon which citizens of this country depend for protection; and we believe it to be our duty to call upon all good citizens to deny it in unequivocal terms.
We submit that these "rules" which we have quoted, and other customs which have naturally grown from such development of power (which are neither written or admitted by the Union, but which nevertheless exist), are distinctly an encroachment upon the province of the employer; that under them he is robbed of that control and authority absolutely essential to the proper conduct of his business.
Submission to such dictation as this simply opens the door wider for interference, and the employer is not secure from day to day from new and harassing demands, so that eventually he will have practically nothing left to him but the "privilege" of paying the bills.
The crisis here in Chicago is of tremendous importance and significance to every builder and every business man, not alone in this great and rapidly growing city, but in every city of the country, for here is seen a demonstration of the tyranny which becomes possible when improper methods are submitted to; a tyranny which holds the workman in its grasp quite as surely as the employer, and this experience and demonstration should be a timely warning to all.
Labor Unions have gone too far.
They have mistaken their functions and over-stepped their boundaries.
The time has come to "call a halt," and to demand a surrender of that which has been improperly obtained.
To do this will require some patience and some sacrifice, but the end to be gained is but justice and right, and worth all that it may cost.
Better that not another brick be laid or another nail be driven in Chicago for a year than this opportunity be lost to regain the rights and prerogatives which make it possible for employer and workman to be independent and successful.
Let nothing be done to injure the Union in the prosecution of their rightful purposes; they have a most important mission and a great field for usefulness. Aid and assist them in these things by every means in your power, but for their own good, as well as your own safety, stand constantly and steadfastly opposed to any and every attempt to take away that which makes you an employer, or from the workman himself the right to work.
Trade Unionism in theory, and as it may be consistently and intelligently carried out, can be a most useful aid to all concerned; but, as at present managed, clinging fast as it does to the cardinal principle of the right to prevent any and every man from working who does not happen to belong to the order, it is a bane to society and a curse to its members. We approve of the position taken by the builders of Chicago in this emergency, and we congratulate them that other branches of business, whose interests are so closely interwoven with theirs, have had the courage and willingness to make common cause with them, recognizing, as they evidently do, that if this sort of dictation is permitted to grow, that their own position will become undermined and security vanish. We congratulate them also that general business interests have given them such hearty co-operation and support, and we feel assured that will continue until the victory is won.
We recommend all filial associations of this body to assume the same attitude in the event of an issue being forced upon them by further encroachments, and we suggest to them, as well as to the Builders' and Traders' exchange of Chicago, that, in order to encourage all workmen who wish to have an opportunity to freely work, untrammelled by the improper requirements and rules of voluntary associations (membership in which, as far as most workmen are concerned, have become involuntary), and be protected in their work, it will be wise to create and establish at once a Bureau of Record in connection with their associations, where any and all workmen may put themselves on record as assenting to the principles of individual liberty, announced here in Chicago, and by and through which the workmen so assenting will be kept at work, and protected in it, in preference to those who deny these principles.
Let steps be taken, after a certain time given to develop the honest purpose, good character, skill and ability of the workmen, to make them members of your own associations, and so institute, for the first time, a union wherein employer and employe shall be joined, and their interests considered in common, as they properly should be. We believe this would be a step in the right direction, and the dawn of the day when the two branches of workmen—the directing workman and the manual workman—will not be arrayed against each other, but will consider and act in concert for their mutual benefit.
Closing now our report to filial associations, we wish to address a few words to the public at large, whose servants we are.
We believe that the builders of this country stand to-day in a position which commands the attention of all kinds and classes of business men everywhere.
We wish to do only that which is right and in accordance with the principles upon which this Republic was founded.
Individual liberty is the dearest possession of the American people; we intend to stand by it and protect it in every emergency, and, to our mind, there has never been before presented an occasion more significant and decisive than the present, and in doing all we can to sustain it we feel that we are fighting not for our selfish ends alone, but for the welfare and protection of every individual in the land.
Individual liberty is not incompatible with associations, and associations are not incompatible with individual liberty; on the contrary, they should go hand in hand.
We call upon all to sustain us in maintaining all that is good and in defeating all that is bad in this difficult problem of labor.
Liberty is our watchword, and this struggle is but a continuation of that endeavor which began a hundred years ago, when a little band of patriots, at Concord Bridge, "fired that shot heard round the world," which was the first blow in establishing American independence.
Signed,
J. M. Blair,
John S. Stevens,
Edward E. Scribner,
Wm. H. Sayward,
John J. Tucker,
Executive Board of the National Association of Builders.
