Hart, Schaffner and Marx

The Hart, Schaffner and Marx Labor Agreement grew out of the unsuccessful nineteen-week strike of workers in the Chicago men's clothing industry in 1910. It was initially signed by representatives of the workers and Hart, Schaffner and Marx, largely at the instance of Joseph Schaffner, and represented a compromise between the United Garment Worker's (UGW) demand for a closed shop and management desire for an open one. Under the agreement of March 13, 1911, an arbitration board was set up for the settlement of shop grievances. It was composed of Clarence Darrow for the workpeople and Carl Meyer for the company. Inasmuch as Dean Wigmore of Northwestern Law School, whom they chose as impartial chairman, was unable to serve, the two functioned alone. Early in 1912, a trade board, with joint representation, was set up as a court of first resort when shop chairmen (UGW agents) and foremen were unable to settle disputes on the floor. James Mullenbach was impartial chairman of this body from its inception until 1935. At the same time, John E. Williams became impartial chairman of the arbitration board, holding the position until 1919, when he was succeeded by James H. Tufts. In 1914, a supplementary agreement established a "preferential shop," based on the system obtaining in the New York market, and giving the UGW preference in hiring. At the same time, the Arbitration Board was given power under an "emergency clause" to adjust wages.

In the following year, 1915, the Amalgamated Clothing Workers of America (ACW) began to organize the Chicago market, unsuccessfully striking all the men's clothing firms other than Hart, Schaffner and Marx. Nevertheless, the ACW was able, in the next year, to supplant the UGW as shop representatives at Hart, Schaffner and Marx, and, between 1916 and 1919, signed agreements similar to the Hart, Schaffner and Marx Agreement with the manufacturers of the New York, Boston, Baltimore and Rochester markets. In the latter year, the Hart, Schaffner and Marx Agreement, which had been renegotiated every two years, became operative for the entire Chicago men's clothing market.

The functions of the Arbitration Board also increased during this period. On December 13, 1919, Tufts exercised the emergency clause powers by ruling an upward adjustment of wages, on the unprecedented grounds that the condition of the industry indicated it; on August 17, 1920, he ruled against an advance, on the same grounds. He also appointed, in December, 1919, commissions for the respective branches of the trade, and, on their reports in March, 1920, the Arbitration Board made rulings on job classification, work rules, employment rights and wage rates. Tufts continued as impartial chairman of the Arbitration Board from January 1919, until September 1920, when his place was taken by Harry A. Millis, who had been chairman of the Trade Board from 1919 to 1920. After 1922, the emergency clause, empowering the Arbitration Board to set wages, was dropped. In 1923, direct negotiation between the ACW and the Chicago Industrial Federation of Clothing Manufacturers became the means of establishing wages and working conditions. After 1925, the Arbitration Board ceased to have a permanent chairman, and, with very few cases appealed to it from the Trade Board, ceased to meet with any regularity. The Trade Board, although it continued, came to deal with only such few cases as could not be settled by summary negotiation by shop chairmen and foremen or deputies and labor managers. By 1942, the arbitration board had fallen into general disuse throughout the men's clothing industry, and the trade board was used only seldom, the Boston and Chicago markets having ceased to have any permanent chairmen. At present (1960), grievances are settled by direct negotiation between shop chairmen and foremen, or by deputies and labor managers on appeal. Trade matters are settled by bi-lateral negotiation at periodic intervals, with industry-wide bargaining taking the place of market agreements, except on purely local questions.

James H. Tufts (1862-1942) is better known as a teacher and writer than as a labor arbitrator. He was educated at Amherst (A.B., 1884; A.M., 1890) and Freiburg (Ph.D., 1892), and taught mathematics at Amherst (1885-87), and philosophy at the University of Michigan (1889-91) and the University of Chicago (1892-1930). At the latter institution, he also served in various administrative capacities, culminating in the vice-presidency (1924-26) and acting presidency (1925). On his retirement, in 1930, he lectured in philosophy at the University of California at Los Angeles (1930-33). He is equally well-known for his eight books, including Ethics (1908, 1932), written with John Dewey, as well as his editorship of The School Review.

From the guide to the Hart, Schaffner and Marx Labor Agreement. Records, 1919-1920, (Special Collections Research Center University of Chicago Library 1100 East 57th Street Chicago, Illinois 60637 U.S.A.)