Kaufman, Jacob J.
January 1965
Industrial & Labor Relations Review;Jan65, Vol. 18 Issue 2, p196
Academic Journal
The railroad labor dispute over work rules was initiated on November 2, 1959 when the railroads submitted a series of proposals to the five railroad operating labor organizations. The proposals were concerned with the use of firemen on diesels, the basis of pay, the assignment of employees, and the consist of crews. On November 2, 1963, a special railroad arbitration board completed hearings on two issues-the firemen and new consist questions-and issued its award on November 26, 1963. The remaining issues, including proposals of the railroad labor organizations, were tentatively settled on April 22, 1964, subject to ratification procedures of the unions, by mediation under the supervision of the office of the President of the United States. The award of the special arbitration board, which was challenged in the courts by the labor organizations, was upheld by the federal courts, the Supreme Court denying certiorari on April 27, 1964. The purpose of this article is (1) to describe the process of "maneuver" and "improvisation"; (2) to analyze why the procedures, both under the Railway Labor Act and ad hoc boards, have failed; and (3) to discuss the problem of governmental intervention in labor disputes. In view of the fact that this article is not concerned with the merits of the dispute, it is sufficient to state simply that the issues in the dispute are concerned with various aspects of the employment of firemen in freight and yard service, the consist of crews, interdivisional runs, combination of road and yard service, manning of self propelled machines, wage structure and fringe benefits, employment security, and training.


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