The Firemen’S and Patrolmen’S Unions in the City of New York. a Case Study in Public Employee Unions 9780231893879

Table of contents :
Preface
Acknowledgments
Table of Contents
I. Unions in City Public Safety Departments
II. Associations in the New York City Fire and Police Departments : The Formative Period, 1890–1914
III. The Associations during a Reform Administration, 1914–1918
IV. The Turbulent Hylan Years, 1918–1926
V. “Going Along” during the Walker Administration, 1926–1934
VI. The Associations and Mayor LaGuardia, 1934–1946: The Struggle Over Wages
VII. The Associations and Mayor LaGuardia, 1934–1946: Pension Revision, Eight-Hour Day for Firemen, and Veterans’ Preference
VIII. The Internal Affairs of the Associations, 1934–1946
Conclusions
References
Bibliography
Index

Citation preview

The Firemen's and Patrolmen's Unions in the City of New York A CASE STUDY IN PUBLIC EMPLOYEE UNIONS

The Firemen's and Patrolmen's Unions in the City of New York Ä CASE STUDY IN PUBLIC EMPLOYEE UNIONS

EMMA

SCHWEPPE

KING'S C R O W N PRESS Columbia University, New York, 1948

C o p y r i g h t 1948 b y

Emma Schweppe printed in the United States of A m e r i c a by E d w a r d s

Brothers, A n n A r b o r , M i c h .

KING'S CROWN

PRESS

is a division of C o l u m b i a University Press o r g a n i z e d for the purpose of m a k i n g certain scholarly material a v a i l a b l e at minimum cost. Toward that e n d , the publishers h a v e a d o p t e d every r e a s o n a b l e economy except such as w o u l d interfere with a legible format. The work is presented substantially as submitted b y the author, without the usual attention of C o l u m b i a University Press.

editorial

To the outstanding leaders of New York City Firemen and Patrolmen Joseph J. O'Reilly Alfred E. Guinness Raymond Donovan John Ρ. Crane

PREFACE DURING THE WINTER OP 1946 to 1947 dramatic events relating to government employee unionism reached the front pages of the nation's press. Since September, 19^6, the otherwise docile American school teachers had belligerently carried through thirteen major strikes. In New York State, as an outgrowth of the Rochester municipal employee's strike and the Buffalo teachers' strike, Governor Dewey Impetuously retaliated by sponsoring and securing the passage of drastic anti-strike legislation against government workers. The Condon-Wadlin Act attempts to bar strikes by placing a penalty of dismissal from the service against the strikers. If later rehired - it is Interesting that the Act takes cognizance of a realistic possibility - the culprits are not to receive higher pay than was paid prior to the strike, no increase is to be granted during the three years which follow and the rehired workers are deprived of tenure by the imposition of a five-year probationary period. During the exciting period of the CondonWadlin Bill's passage, two powerful committees of the National Education Association in convention at Atlantic City warned the city and state officials that any attempt to punish teachers would lead to prompt action in their behalf by organized education. Then, on March 6, 1947, the Supreme Court of the United States ruled that workers in the mines seized by the Government under the authority of the War Labor Disputes Act "stand in an entirely different relationship to the Federal Government with respect to their employment from that which existed before the seizure was effected." For purposes of the case (United States v£. United Miné Workers, 67 Sup. Crt. 667 [ 19^7]) the Court declared that the miners were through the process of government seizure, in some sense government employees. Furthermore the Court

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FIREMEN'S AMD PATROLMEN'S UNIONS

held that Congress had not Intended to comprehend and did not specifically include the government as employer when it withdrew from the federal courts the power to issue injunctions in labor disputes. Therefore, since the government as employer retained the right to injunctive relief, the miners were placed beyond the protection of the Norris-LaGuardla AntlInjunction Act. Coercive action on the part of public and private management follows belligerence on the part of the workers. This belligerence usually springs from administrative policies and practices which fall to establish co-operation and to seek out compromises on issues which set management and workers in conflict. Increasingly, public management faces organized employees. The public employee unions are expanding and are here to stay. At a minimum they will serve as instruments of defense. Those who have considered the management problems posed by unions have reached divergent conclusions as to their place in the administrative pattern. Two current irreconcilable views have emerged: either the unions have been held to be an essential part in a developing, democratically functioning administration, and therefore viewed as potentially, if not wholly, constructive elements; or unions have been seen as a part of a radical trend that strikes at responsible and expert management as well as public security, and therefore are viewed as impediments to efficient operation, if not wholly dangerous. Democratic administrative practices will probably not guarantee efficient management, but neither will autocratic administration, no matter how expert, when accompanied by friction and rebellion or at best grudging consent from those who must execute the orders. But in the long last, valid conclusions upon the role of public employee unions, whether affiliated or Independent, in the administrative pattern must be grounded In case studies of particular unions functioning under conditions that represent American

PREFACE

lx

public administration. To date no records of municipal unions have been made available. A case study, by its very nature, must be a history of the union. To the degree to which its past functioning foreshadows immediately possible future administrative processes and union activities, a case study will have more than historic value. It might furnish needed material for the advocates of reform both within the unions and the administration. This book presents the history of two public employee unions, the Patrolmen's Benevolent Association, an independent organization, and the Uniformed Firemen's Association of the City of New York, a local affiliated with the American Federation of Labor. It is a case study in union organization, purposes, channels of action, and employment conditions. It alms to show why these unions behaved as they did. The study of the New York City patrolmen's and firemen's associations leans heavily upon a use of the City's civil service press. Since 1892, special weekly papers reporting municipal employee affairs have been available. The Chief, 1903-1932 (the file is incomplete) I932-I946 The Police Chronicle, I907-I912 (the file is incomplete) The Civil Service Chronicle, a continuation of The Police Chronicle, I912-August 20, I920 (the file is incomplete) The Civil Service Magazine, September 6, I913November 13, 1914 Publications of the State, County, and Municipal Workers of America, CIO: Employee, October I5, 1937-January, 1939 Government Guide, June, 1939-June-July, 1940 The Civil Service Standard, October 16, 1937-August 6, 1942 The Civil Service Leader, September I9, 1939January, 1946

FIREMEN'S AND PATROLMEN'S UNIONS In I9I2, the National Municipal Review commented upon the special civil service press as follows , The Civil Service Chronicle and. the Police Chronicle has no special value in the study of the larger problem of municipal affairs.

It aim3 to promote the interests of the civil service

employees, especially in the police and fire departments.

The

Chief is another weekly that lays special emphasis on matters of interest to the personnel of the police and fire departments .

This sweepingly negative evaluation of the civil service press must be qualified. Since 1912, employee collective action has become an important problem In municipal affairs. A press devoted to employee interests and presenting employee opinion is important not only to the student of municipal affairs but also to the community at large. For purposes of this study, the importance of the special civil service press in New York City is heightened because of its emphasis upon the fire and police personnel. Except for the years 1920-1957» competitor papers have occupied the field. This has given a more adequate reporting of events. However, the basic material of this history has been drawn from The Chief. Mention must therefore be made of certain research difficulties. During the period of its monopoly, I92O-I937, The Chief was under the aegis of the Democratic Party machine. Added to this subsequent bias and control, the associations followed a policy of not freely reporting the news. Two obvious reasons account for this discreet policy; first, the associations had no control over the weeklies; and secondly, public opinion as expressed in the metropolitan newspapers supported the municipal administration's unfriendly attitude toward the collective efforts of the employees. It must also be noted that until April I9I9, the editor of The Chief not only held the uniformed men's trust; he became a leader in· their associations. His interest colored the news and accounted for the inadequate reporting of certain events. In the Instance of The

PREFACE

xi

Civil Service Chronicle, the editor's Independence and strong position on certain controversial Issues aroused the opposition of the associations. The recent more adequate news coverage and liberal editorial comment of The Civil Service Leader has brought a new and high standard to this special press. The publications of the Citizens Union, The Report of the Committee on Legislation (I905-I940) and The Searchlight (May 16, 1911-October, 1939) together with the Civil Service Reform League's publications, The Civil Service Record (December, 1831June, I892) and Good Government (July, 1892-June, Ι9Ό)> have yielded the best checks against the civil service press. The affairs of the associations did not appear in the metropolitan press except in specific instances when their actions became dramatically conspicuous. The publications of the International Association of Fire Fighters - the monthly organ, The International Fire Fighter, and the annual Proceedings from I9I8 to 1946 - have frequently filled the gaps left by the civil service press accounts. A recent study in the field of.public employee relations stated: "No original research has been undertaken in the experience of specific agencies or employee groups for incorporation in this report."1 With the exception of an unpublished Master's degree thesis,2 no study of the New York City employees' associations has come to the writer's attention. In the absence of access to the associations' records and of critical contemporary review of their affairs, the case study here presented has certain obvious limitations.

1. A Report to the Civil Service Assembly by the Committee on Employee Relations in the Public Service, Gordon R. Clapp, Chairman, Employee Relations in the Public Service (Chicago: The Civil Service Assembly of the United States and Canada, 1942), p. 207. 2. George Hantgen, Relations between the State, County, and Municipal Workers of America and the Civil Service Forum (New York: New York University, 19^3·)

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I am deeply indebted to Professor Arthur W. Macmahon, under whose guidance this study has been undertaken and completed. Professor John D. Millett has read the manuscript and has offered many valuable criticisms, which I have gratefully used. In the preparation of the manuscript both my friend Rose Reigger and Dr. W. R. Dittmar gave unsparingly of their time and carefully scrutinized the whole work. I deeply appreciate their assistance. Miss Marion Kuhn's careful preparation of the typescript has been a contribution of first importance. E.S. New York April, 19^7

ACKNOWLEDGMENTS The author wishes t o acknowledge her apprec i a t i o n t o the p u b l i s h e r s f o r permission t o quote from the f o l l o w i n g books: the Brookings I n s t i t u t i o n f o r Lewis Merlam's P u b l i c Personnel Problems, from the Standpoint o f t h e Operating O f f i c e r ( 1 9 3 8 ) ; The C i v i l S e r v i c e Assembly of the United S t a t e s and Canada f o r Employee R e l a t i o n s I n the P u b l i c S e r v i c e , a r e p o r t submitted t o t h e C i v i l S e r v i c e Assembly by the Committee on Employee R e l a t i o n s in the Public S e r v i c e ( 1 9 4 2 ) ; H a r c o u r t , B r a c e and Company I n c . , f o r L i n c o l n S t e f f e n s 1 The Autobiography o f L i n c o l n S t e f f e n s ( l 9 3 l ) j Harper and B r o t h e r s f o r Bruce S m i t h ' s P o l i c e Systems In the United S t a t e s ( 1 9 ^ 0 ) ; Longmans, Green and Company f o r John S t u a r t M i l l ' s Considerat i o n s on R e p r e s e n t a t i v e Government ( 1 8 7 6 ) ; and t h e Vanguard P r e s s , f o r Emanuel H. L a v i n e ' s Cheese I t the Cops ( 1 9 5 6 ) . The author a l s o wishes t o express her deep a p p r e c i a t i o n of the unmatched f a c i l i t i e s o f the v a r i ous l i b r a r i e s o f Columbia U n i v e r s i t y and of the Publ i c L i b r a r y o f the C i t y o f New York. The many r e s e a r c h a i d s , the unsparing guidance o f the r e s e a r c h l i b r a r i a n s , and the a v a i l a b i l i t y o f f u g i t i v e m a t e r i a l s made t h i s c a s e study p o s s i b l e .

TABLE OP CONTENTS

I. Unions In City Public Safety Departments. II. Associations in the New York City Pire and Police Departments : The Formative Period, I89O-I914

41

III. The Associations during a Reform Administration, 1914-1918 IV. The Turbulent Hylan Years,

I918-I926.

1

77

. . 107

V. "Going Along" during the Walker Administration, 1926-1934

142

VI. The Associations and Mayor LaGuardia, I934-I946: The Struggle Over Wages . . . 164 VII. The Associations and Mayor LaGuardia, I934-I946: Pension Revision, Eight-Hour Day for Firemen, and Veterans' Preference 184 VIII. The Internal Affairs of the Associations, I934-I946 202 Conclusions

223

References, Chapter 1 Chapter II Chapter III Chapter IV Chapter V. Chapter VI Chapter VII Chapter VIII C one 1 us Ions

249 268 287 300 316 325 336 348 35 4

Bibliography

360

Index

382

Chapter I UNIONS IN CITY PUBLIC SAFETY DEPARTMENTS Prevailing Opinion Regarding Public Employee Unionism PUBLIC POLICY REGARDING government employee unionism is in the process of change. The trend on the part of municipal and state government workers to affiliate with the labor movement has gathered momentum. Of the four major organizations federating state and municipal employee local bodies, three are affiliated with organized labor - the American Federation of State, County, Municipal Employees, A. F. of L.; the State, County, Municipal Workers of America, recently (19^6) reorganized as the United Public Workers of America, CIO; and the International Association of Fire Fighters, A. F. of L. The Fraternal Order of Police, the fourth federation, is an Independent.1 In 19^5, those affiliated with organized labor claimed 78I locals in cities of 10,000 and over. In 1945, the Fraternal Order of Police claimed I63 locals.2 As a consequejace of growing affiliation, the problem of government employee unionism and the resulting labor support which these workers will receive arouses the interest of students of public administration, public administrators, and the public at large. The merits or demerits of public employee unionism have frequently been discussed in professional associations and the dally press. Certain aspects of the general problem have been given special attention. Prominent among these are: the legal competence of state and municipal units to enter into collective bargaining agreements with representatives of the workers in the agencies; the limits within which government administrators may negotiate with representatives of the employees; the question of sole

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collective bargaining power; the dangers threatening the public welfare, if, on the one hand, special employee interests achieve great political and economic power and, on the other hand, if administrative authority remains without strong internal checks as provided by employee unions; employee-management relations with reference to the efficiency of departmental operation; the unique position of the employees in the public safety departments with respect to their alignment with organized labor and the use of the strike. An accelerated union movement has given rise to opinions which in turn have reacted upon the course of public employee unionism. During and immediately following the First World War, a period which witnessed an upsurge in and an attack upon organized labor generally, the discussion in professional circles was led by William Dudley Foulke and Qrdway Tead. The National Civil Service Reform League furnished the central forum. 3 In 1919/ following the Boston police strike, the issue reached the front pages of the nation's newspapers and journals. Since ttie 193^ revival in organized labor, the current discussion is carried forward by many voices and has found many forums. As among the many channels for the discussion, special mention should be given to the meetings of the Civil Service Assembly of the United States and Canada 4 , the National Civil Service League 5 , and the National Institute of Municipal Law Officers. 6 Views Expressed During The I92O's During the 1920's in the aftermath of the Boston police strike, the majority opinion viewed public employee unionism unfavorably. William Dudley Foulke, the chief conservative spokesman, maintained that labor affiliation inherently involved the right to the use of the strike. In his judgment the strike was against the government and was mutiny. The very presence of unionism in public employment presented a grave challenge and danger to state sovereignty.7 Ordway Tead, who approved unionism, claimed that unions were channels for democracy in administration and

UNIONS IN CITY PUBLIC SAFETY DEPARTMENTS

J

8

served as agents of human development. For the most part, however, those opposing public employee unionism regarded the employee interests as comprehended within the public interest as this was expressed by the public administrators. It was presumed that public officials would discharge their duties honestly and with good will. Should the employees fail to accept the administrator's policies and press for a hearing of their grievances and demands through trade union channels, some claimed that political and industrial problems would become interrelated thereby creating a confusion which in turn would threaten the state.9 Still, the employee's need for weapons of defense was generally recognized.10 The right to organize was not challenged. As an alternative to unionism, the National Civil Service Reform advocated the development of advisory councils upon which administrators and employees had equal representation. "The employees' organizations should be confined by law to the service itself and any affiliation or pledge to any outside organization should be prohibited by law." 11 The widely held notion of the state as the "model employer" was considered and denied. It was specifically noted that "many department heads who have the knowledge lack the vision, and what is still more lamentable many who have the knowledge and the vision fail to possess the courage to put across the proper programs ror employment."12 Current Opinion Opposing Public Employee Unionism The current argument against public employee unionism has continued the long-held view that the government worker's position is a unique one in which employment conditions make unionism unnecessary. It is said that the employees, by virtue of employment in an enterprise of public character, enjoy working conditions which establish in each individual a sense of personal dignity and status. They are not working for the superior officer or for an employer's private profit, but for the people. Public officers in posts supervision and direction lack an incentive to oppress

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FIREMEN'S AND PATROLMEN'S UNIONS

their subordinates. The managers are public employees as are the rank-and-file, consequently they are allegedly benevolent in attitude toward those under their direction. Just employment conditions are furthermore assured, once the law requires fair treatment by superior officers. In some limited respects the discretionary areas of administration are subject to judicial review. Knowledge of their rights is, it Is said, adequate self-protection for subordinate employees. Moreover, employees are citizens; they participate as citizens in the determination of the objectives of government agencies and the personnel practices there pursued. As evidenced in law, citizens are usually Interested in the government's high standards in working conditions: wages and hours, benevolent protective practices in tenure of office and pensions, justice In matters of recruitment, appointment, promotion, and the enforcement of discipline. Government la a "model employer." The Civil Service Law guarantees strict equality of opportunity and takes care of just the matters for which a union is organized in private enterprise. The means for the continuing improvement of working conditions are also available. As voters, with families and friends, public employees have the additional defense of political power. Organized locally, the associations have become political pressure groups. The associations exert an influence upon candidates running for office as well as a vigilance over public policy. This political power, it is argued, makes any economic power unnecessary and Indeed unfair. The worker in private employment Is limited to his economic weapon, therefore for him unionism is essential. Should the public employee also possess the economic power of unionism, an Inordinate inequality would exist. The governmental authority, when sanctioning public employee unionism, would be guilty of establishing an unfair relationship as between conditions of the publicly and the privately employed citizen as well as discriminating In favor of union labor.13 Not only is unionism viewed as unnecessary but also as undesirable.

UNIONS IN CITY PUBLIC SAFETY DEPARTMENTS

5

It has been further argued that, if unionized, government workers would be aligned with the labor elements in opposition to the unorganized majority of the American people. Those who hold the labor movement in low repute argue that unionized government employees "would be fraternizing with the enemies of the very government by whom they are employed."14 The fact that affiliation with organized labor would strengthen the political power of the employees is raised as another hazard. Candidates for public office who yielded most to the public employees would be voted into office. The people would find themselves at the mercy of their employees. The power of the government would be turned over to »a self-perpetuating labor dictatorship, beyond the control of the duly elected officers.15 Related to this fear is another: that an alignment with labor would place a large and growing number of citizens by virtue of their employment in opposition to their government. It is argued that a citizen's obedience to his government, a prime requisite of stable government, would thereby be destroyed. Moreover, the undesirabillty of employee unionism receives support in the view that union affiliation would be a threat to the essential neutrality of government. The government services are rendered amidst various contending groups in the community. The most serious group conflict in interest challenging public order lies between organized workers and the employers. With unionized government workers, it is argued, the responsible public officer charged with the Impartial enforcement of the law would be in doubt as to the faithful execution of his orders. In moments of high tension, public servants might act upon directives from their unions. Whereas neutrality is demanded of all public servants, it is more sharply recognized when the police are Involved. It Is assumed that public confidence would be shattered if the police were unionized. When affiliation with the labor movement is viewed from the angle of the internal government of

6

FIREMEN'S AND PATROLMEN'S UNIONS

an agency and in terms of administrative responsibility, a few of the opponents to unionism have held that the employees enter unions for the selfish purpose of overawing the administration by a show of solidarity. The essential discipline of the corps upon which the agency's work depends would be destroyed. The collapse of internal discipline "may easily carry—us into a danger zone where the test of right is cohesion and solidarity of front."1® Administrative prohibition against police unions and court support of the policy are based upon this consideration. Furthermore other critics have suggested that the union develops overzealousness: grievances are exaggerated, it defends workers regardless of the merits .of the case. 17 Others have thought that a union's "excessive" political activity was detrimental to good administration and to the merit system. 18 It has also been argued that the public employees must be protected agalnet themselves. They would be In danger of being victimized by irresponsible labor leaders, aided and abetted by politicians.19 For these and other reasons, the opponents of public employee unions have held that unionism would destroy both the neutrality and discipline of the staff, thereby jeopardizing the public Interest. The opponents claim also that trade union practices In employee-management relations in public agencies are illegal. William Dudley Foulke in the I92O's, and the National Instituteof Municipal Law Officers In the 1930-1940's, took the lead in supporting this view. The discussion has turned upon the issue of whether or not public administrators have the power to enter upon collective bargaining agreements with the representatives of the employees. The opponents of unionism have held that the public officer, In the absence of express constitutional, charter, or legislative authorization, is without power to do so. "An unequivocal grant of power to the administrative agency over the matter covered In an agreement is necessary if the government to which it is subordinate is to be bound by the agreement."20 The doctrine of limited governmental powers under

UNIONS IN CITY PUBLIC SAFETY DEPARTMENTS

7

state constitutions and municipal charters Is thereby applied. Powers not specifically granted, or necessarily and fairly implied or incident to the granted powers, are denied. Nor is a distinction between the proprietary and governmental functions of an agency permissible, a distinction commonly used to clear the way for management-employee trade union practices in the proprietary activities of governnent. 21 Nor may the power be implied. [That] an implied power to enter into a labor contract covering the employer-employee in public employment, is not necessary is evident from the fact that that field has been made subject to a comprehensive legislative scheme. That the grant of such sui Implied power was never Intended by the Legislature is equally evident, not only fro· the fact that the Legislature has preempted the field by enacting the Civil Service Law, the Public Service Law and the Wicks Act, but further has specifically excluded public management from the operation of the State Law regulating labor relations. 22

Viewing the issue from another angle, the opponents to public employee unionism arrive at the same conclusion with respect to the legality of collective bargaining. The determination of policy arrived at through agreements between the public officer and union representatives is viewed as an unlawful delegation of power to a private organization - the labor union. The public employees, it is held, would be represented by outside labor agents who, on their part, take orders from even further removed leaders of the national union. The argument runs: all policy must be determined in accordance with law, all money paid out in pursuance to legislative appropriations, and all personnel determinations In terms of the Civil Service law and the rules and regulations of the departments made in accordance with law. The view that in the absence of statutory prohibition, the officer's discretionary powers open the process to his use or that in the denial of collective bargaining power his discretionary power is being more closely limited than

8

FIREMEN'S AND PATROLMEN'S UNIONS

statutes expressly define, doee not enter the argument. In fact the following statement seems to leave little room for discretion: "The law and regulations cover the employer and employee relations in government and these contracts are merely an attempt to parallel a different rule than that provided by law."23 The alleged illegality Is based upon still another consideration. It is argued that genuine collective bargaining rests upon the prerequisite of the employees' freedom to refuse collectively to contract and the right to strike. The right to bargain collectively carries the correlative right to strike. Should this right be granted, the wheels of government would come to a grinding halt. Strike action is held to be an act of revolution. The possession of this right distinguishes private workers from those in public employment, the sanction is permissible in the former but an act of mutiny in the hands of the latter. 24 Absolutely deprived of the right to strike, the public employee is without an adequate sanction essential to genuine collective bargaining. No useful function can be served by affiliation with organized labor when genuine collective bargaining Is precluded. Current Opinion Advocating Public Employee Unionism On the other hand, the supporters of public employee unionism argue that labor affiliation and trade union practices, aside from certain variations made necessary by civil service law, are necessary, desirable and legal. The issue Is viewed within the setting of our national labor policy. The worker's unions' right to federate Is unquestioned. In the area of private employment, the public interest in peaceful industrial relations has brought judicially enforceable means for collective bargaining. Peaceful public management-employee relations are viewed as equally basic to the public interest. The process through which understandings may be reached likewise calls for independent employee representatives. Federation is viewed as much an inherent aspect of this union structure as is true of unions generally.

UNIONS IN CITY PUBLIC SAFETY DEPARTMENTS

9

It is argued that federation establishes the means through which conditions of work in public agencies can be effectively brought to public attention. The public is often ignorant and uninterested in these. To be sure, some citizens conscious of their role as taxpayers, have kept in touch with administrative and legislative matters on all levels of government. However, they are inclined to value economy above service, at least the sort of economy which seeks to obtain the most at the lowest possible cost. Except for claims that the public service was over-staffed, incompetently staffed, and overpaid, taxpayer groups have not directed public attention to management-employee problems. Other politically active citizens, interested in good government, have joined civic reform groups. These groups have been concerned about blatant patronage. They have secured and safeguarded the civil service merit systems. But this interest, as is true of the attacks of taxpayer groups on public employees, has often resulted in a public deprecation of the workers as against establishing an understanding basic to reform. With the failure of the two groups to bring working conditions clearly before the people, the protagonists of unionism point to the fact that the general public, an intangible etaployer, is for the most part ignorant of the details and uninterested in the conditions under which its services are rendered. The management of public agencies is delegated to elected officers of a majority party. Frequently, if not universally, on all levels of government and especially in American cities, this has meant one or the other political machine directed by professional politicians interested in remaining in power and in "business" for personal profit. It is held that a politically independent means must gain access to the employment conditions to guarantee the public a statement of the facts. Affiliation with organized labor is viewed as the means. Furthermore the industrial workers represented in the trade unions and under private

10

FIREMEN'S ARD PATROLMEN'S ONIONS

managementj It may be said, have labored under the Impression that all public employees were at an economic advantage; labor's ignorance of the working conditions In government agencies and prejudice against the demands of public employees has been hardly less than that of the general public. Affiliation with the labor movement is viewed as necessary on another count. The irritants of employment arise from the tyranny of the immediately superior officer and from working conditions that have failed to keep pace with rising standards. Both opponents and supporters of public employee unionism recognize grievance machinery as a part of good management. "Civil Employees of the government cannot be asked to forego collective action unless the public sets up means for giving prompt and effective consideration of their grievances .and for removing the cause for grievances that are well founded."25 The friends of public employee unionism have argued that, since the immediately superior officers are under the direction of political machine bosses, interest in the prompt and effective consideration of employee grievances will be present only If the political power of the petitioners proves worthy of boss consideration. The establishment of grievance machinery, now the exception and not the rule, awaits this pressure. Employee representation in grievance negotiations without the weapon of independent political power has been held to be a useless effort. The only independent political strength within the employees' grasp is said to lie in an alignment with organized labor. Friends of public employee unionism relate it to employment conditions essential to worker morale. Unions are said to provide the means through which employee morale may be heightened, and the operational efficiency of an agency is recognized as being determined in large part by the subjective element of morale. Our public agencies, like modern Industrial plants, bring together large aggregates of men. The subsequent division of labor gives to

UNIONS IN CITY PUBLIC SAFETY DEPARTMENTS

11

each Individual a narrow and often meaningless segment of the total job. Consequently, what each man does to earn a living too often lacks point and direction, the result of which is profound malaise destructive of morale. 2 ® The energy-releasing response within the individual has been shown to develop in direct relation to the degree that the individual's personal interests become merged with the larger interest of the enterprise in which he works. Identification of interests calls for an environment in which the worker's inherent wants find ready channels for their fulfillment:, his need for recognition, to exert a n influence, to express his ideas, and primarily to have a n effective instrument for self-protection.27 The rights and Interest of every or any persone are only secure from being disregarded, vhen the person Interested Is himself able, and habitually disposed, to stand up for them . . . .Human beings are only secure from evil at the hands of others, in proportion as they have the power of being, and are, self-protecting ; and they only achieve a high degree of success In their struggle vlth nature, In proportion as they are self-dependent, relying on what they themselves can do, either separately or In concert, rather than on what others can do for them. 2 8

A n effective weapon of self-defense is said to be only obtainable through independent labor affiliated unions. Labor affiliation acts as a substitute for political support. The employee's sense of self-confidence grows as dependence upon political affiliation lessens. Intra-departmental and unaffiliated employee associations are viewed as unacceptable substitutes because they are more vulnerable to capture by political henchmen within the civil service. The experience in New York City bears testimony to this danger. Without labor affiliation there can be no vitality in employee-management consultation and negotiation. 2e W i t h labor affiliation, the political bosses through the administrative officers may come

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FIREMEN'S AND PATROLMEN1S UNIONS

to collaborate with the rank and file workers. For the men a new status will have been won; working with their superior officers toward mutually recognized objectives Is the very opposite to following directions in a docile yet Inert manner.30 Self-expression provokes personal growth, and this personal growth will be reflected positively In the agency's work. As a final result the taxpayer will get more for his money. Furthermore, the supporters of unionism claim that it is desirable to have the Institutions of a democratic state reflect democratic practices. Our present day lack of public confidence in democracy Is said to flow in part from frustrations which result when the government's actual practices fall to show democratic processes In action. In an early statement, Ordway Tead Identified free unions with the democratic trend: A democratic organization Is one which deliberately grants representation and equal power to different parties at Interest In carrying on of that organization . . . .Where there are different parties at Interest ..., representation of these parties Is essential to full knowledge and to active co-operation In the conduct of the enterprise . ... They have rights vhlch It Is essential to respect If their pecuniary Interests are to be voiced, If their Integrity and happiness are to be safeguarded. There Is but one way for these rights to be fully and fairly considered In relation to the rights of the department heads and of the taxpayers; that way 1B by representation of workers In the conduct of the department's affairs, in the determination of Its policies.31

Autocratic administrative practices, no matter how benevolent, are viewed as a danger to a democratic state.32 Free and strong unions, it is argued, furnish employee representation which has the power to serve as the needed Internal check against bureaucratic power usurpations. Where democratic administrative processes are accepted as desirable and autocratic practloe condemned, the semi-military organization controlling in

UNIONS IN CITY PUBLIC SAFETY DEPARTMENTS

1?

the municipal public safety departments comes to sharp attention. Must the management of these departments be exempted? In most discussions of the problem, the departments are viewed as unique. The nature of the service rendered through them Is said to call for an employee discipline which only military forms can assure. The military accoutrements are accompanied by exacting rules and regulations; orders flow from the top down. Furthermore, the persons entej-lng these services are said to accept willingly autocracy of military management as the basic condition of employment. But even if this consent once won does not meet the standards of democratic practices, forthright military management is pre-eminently required In the police department. It has been forcefully stated that the patrolman is "a policy-forming administrator in miniature, who operates beyond the scope of the usual devices for popular control. He makes and unmakes the fortunes of governmental executives and administrators, though rarely falling under the direct influence of the popular will. The only control to which he is subject is the discipline of his superiors. When that weakens, or is thwarted, the last vestige of control over this mighty atom of law enforcement disappears."34 Those who would not exempt firemen and police from affiliation with organized labor and from the ordinary processes of negotiation and consultation, call attention to the fact that autocratic management has not safeguarded the public interest on the one hand nor precluded employee organizations on the other hand. The present autocratic management has In the past facilitated the political control of these departments. It has furnished exhibits of administrative mismanagement and gross scandals in cities throughout our country. The military organization and politically subservient superior officers have been an aid to political use of the departments. It is argued that an Internal check against the special interests of those contrçlllng is gravely needed. The channels which strong internal unions would establish could bring the facts to public notice.

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FIREMEN'S AND PATROLMEN'S USIONS

The friends of unionism also consider independent rank-and-file strength of first importance because of the fact that the selection of commanding officers for these departments differs widely from that used in the armed forces. A system of internal promotion prevails. All officers are recruited from the rank and file patrolmen and firemen. Their advancement up the hierarchy of ranks, even in communities where the merit system has made the greatest advance, has rested heavily upon superior officer evaluation of the candidate's fitness. Politically amenable men have tended to become the politically favored ones. Unquestioning acceptance of orders down the line and co-operation in facilitating the political use of the department have been rewarded more frequently than has good police or fire-fighting work. The results of internal promotion are clear. "Common interests, comradeship, and close association tend to weld them all into one body, the tone of which forces itself irresistibly on every recruit."35 "The fraternity of the star and the shield with the nightstick-rampart and the gun couchant on a field of blue, is a tightly knit one. United we stand and divided we fall - or at least stumble - is the recorded motto of the cops."36 The racketeering fringe, a small minority in each department, has not been attacked by the many in each department who have had to pay dearly for their practices. The friends of unionism return to the argument that with independent unions affiliated with organized labor the majority would more readily come to the support of good police and fire work and act as a deterrent to the racketeering minority whose close integration with the political machine is commonly recognized. In urging channels for the furtherance of democratic administration, the friends of public service unionism also call attention to the fact that the semi-military organization and its autocracy have not prevented the establishment of strong and quasiunion intra-service associations, some affiliated with

UNIONS IN CITY PUBLIC SAFETY DEPARTMENTS

15

organized labor and others aligned with public service associations of the municipality and/or statewide federations. The present quasi-union status of the associations la in part the result of public policy toward collective employee action and in part due to the long used patronage in appointments to the forces. The associations serve almost solely as political pressure groups, often aligning themselves with or being captured by the machine politicians. They have been impotent as channels for real consultation and negotiation. Though firemen's unions have a thirty-year history and affiliation with organized labor, little advance has been made in the ordinary trade union processes. Friends of unionism tend to hope that as the merit system becomes entrenched In these departments and trade union strength comes to control a wider public opinion, responsible unions will develop from the present ones. The degree of independence and recognition which the intra-departmental associations and quasi-unions have gained must be used wherever democratic administrative practices are sought. Confidence placed in the processes grows as the good faith and intentions of the participants stand the test in concrete cases of consultation and negotiation. However, the most optimistic will grant that real unionism in the public safety departments, the police in particular, is decades distant. There remains another general aspect unique to the public safety departments which is raised by those opposing affiliation with the organized labor movement, namely the claim that unionism would place the essential neutrality of the police services in jeopardy. Lewis Merlam, writing in 1958, summarized this view: Some of the most difficult problems of municipal administration arise from strikes and resulting disorder. If the police associations or unions vere directly affiliated with the general labor organization, It would be even more difficult than at present for governments to preserve that neutrality as between the conflicting parties that appears to be the Ideal. The

16

FIREMEN'S AND PATROLMEN'S UNIONS

police should be the représentatives of the people as a whole and. should not he on one side or the other. The police policy properly should he the policy of the responsible elected officials. If either the employers or the striking employees are dissatisfied with police administration during a strike, their remedies lie in the courts or at the ballot box. Control of the police either by the employers or by the striking employees seems contrary to democracy and democratic institutions. 37

Those who would not exclude the patrolmen from unionization follow the argument presented by Gordon R. (Happ: Proponents of employee organization frequently discuss the probable neutrality of a unionized police force during a strike of unionized workers. Actually, the unionized police force is a sort of straw man. A more realistic question is the extent to which a unionized or, on the other hand, a nonunion staff of the National Labor Relations Board or any other public body refereeing employer-employee relations would fail to render impartial Justice in dealing with a strike of industrial workers. 3 ®

In an examination of the factors that contribute to or destroy police neutrality, the basic employment conditions peculiar to the public safety departments must be kept in the foreground. Police policy is the city administration's policy. A mayor elected by the labor elements in the community would more than likely provide a policy biased toward striking labor during a labor dispute than would a unionized police. The very presence of a unionized police is evidence of a changed public opinion. On the other hand, the use of the non-unionized police in most American municipalities haa not been marked with conspicuous neutrality. In the past police violence toward strikers has been a common, occurrence. Moreover, most complaints against the police's lack of neutrality have come from organized labor, although the men on the force are drawn from the labor elements in the community and have expressed a natural sympathy for the striker.28 In 1937* when the problem of police neutrality was discussed in the New York

DUIOn3 IH CITY PUBLIC SAFETY DEPARTMENTS

17

S t a t e P o l i c e Conference, t h e r e s o l u t i o n which followed r e v e a l e d a source of b i a s e d a c t i o n . I t demanded " t h a t p u b l i c o f f i c i a l s be asked t o I s s u e only f a i r , proper, and l e g a l o r d e r s . 1 . That t h e s e orders be i n terms r e a d i l y understood. 2 . That t h e s e orders be made p u b l i c . 3· That such p u b l i c o f f i c i a l s assume the r e s p o n s i b i l i t y f o r the orders they give i n s t e a d o f p a s s ing t h e buck t o the p o l i c e m e n . " 4 0 Some credence must be given t o the c l a i m : "The h i g h e s t bidder g e t s the b e s t p o l i c e s e r v i c e . . . .Among unions and among emp l o y e r s , the Item 'Cop p a y - o f f 1 i s e s s e n t i a l In f i g uring the p o s s i b i l i t i e s of how the s t r i k e w i l l g o . " 4 1 Moreover, the f e a r t h a t unionism would prove t o be a hazard t o p o l i c e n e u t r a l i t y has not been borne out by experience. Competent students o f the problem have observed t h a t " i t i s very unusual f o r [ p u b l i c ] employees t o c o n s i d e r themselves a p a r t o f organized l a b o r even though they a r e a f f i l i a t e d with t h e American F e d e r a t i o n o f L a b o r . 1 , 4 2 In New York C i t y , where the firemen a r e a f f i l i a t e d with organized l a b o r , one i n s t a n c e has emerged where t h e orders t o the f o r c e p l a c e d a t e s t upon union l o y a l t i e s . I n the 1926 s t r i k e o f b u i l d i n g s e r v i c e workers, the Mayor ordered the firemen and p o l i c e t o man the e l e v a t o r s in c e r t a i n b u i l d i n g s . Vincent J . Kane, the p r e s i d e n t of the f i r e m e n ' s union, met the c r i t i c i s m t h a t by so doing the firemen were a c t i n g as s t r i k e b r e a k e r s : In compliance vlth and. obedience to the Mayor's emergency proclamation in the strike of the building serri ce employees, the Firemen are co-operating vlth the administration in the Interest and -welfare of the citizens of the city. The Uniformed Firemen's Association Is co-operating vlth the füllest consent of the Nev York State Federation of Labor. The Firemen are merely performing their duties under orders of their superiore and are In no vay participating In the controversy be tve en the factions concerned In -the strike. The purpose of this statement Is to makë our attitude In this matter clear, so that our co-operation vlth the administration which Is in line vlth the duties of the Firemen In emergencies as they arise, Is not misconstrued.43

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FIREMEN'S AND PATROLMEN'S UNIONS

The claim that these departments require a unique managerial pattern and that the discipline essential to this corps of public servants precludes the development of democratic administrative practices has not been adequately demonstrated in past experience. Until so proved, some few argue for their inclusion vithin the trend toward democratic management. O n the issue of the legal competence of municipalities to enter into collective bargaining agreements and on the right of government workers >to strike, those who support unionism leave the realm of political theory used so ably by their opponents and argue pragmatically. The power to enter into collective agreements is viewed as fairly and necessarily Implied In the power delegated to responsible officers and essential to the attainment of the very purposes for which the municipal corporation exists. Indeed, municipalities have entered into collective bargaining a g r e e m e n t s . 4 4 The opponents to unionism are reminded that such action is the declared public policy and duly elected officials, though not compelled by law to bargain collectively, may operate within its spirit. The legal position so adequately presented by the National Institute of Law Officers, has, as far as the supporters of unionism are concerned, been fully answered In a legal memorandum prepared by the general counsel of the CIO. Summarized, it reads: 1. That authorization for a municipality entering into a labor contract Is necessarily Implied frcm Its pover to administer and establish good employer-employee relations and administration In the absence of a specific prohibition of low forbidding such an implication. 2. That labor union contracts vlth municipalities are not contrary to public policy because the National Delations Act does not exclude governmental employees frcm its operation. 3. That the fact that such a - contract cannot be enforced by strikes is of no importance or aid In determining the validity of the contract.

UNIONS IN CITY PUBLIC SAFETY DEPARTMENTS

19

U. That there Is no fundamental distinction between governmental and private employment and thus, since the right of both groupe to organize le universally recognized, the right to enter into contracts furthering such organization Is also existent. 5. That the execution, by a municipality, of a labor contract is not an unlawful delegation of authority, since the contract, arrived at by negotiation, becomes the official legal determination of the municipality, and, therefore, Is no delegation of authority. Authority for suspension of contract of government powers for a reasonable time Is predicated upon a line of public utility cases wherein that procedure Is Justified. 6. That neither the "closed shop" nor "union shop" requirements of labor contracts violate the equal protection clause of or the due process amendment of the United States Constitution under the decision of the Supreme Court in the famous Jones and Laughlln Steel Company case, since union membership is readily obtainable. 7. That valid municipal labor contracts can be consummated within the framework of state and local laws on the ground that such contracts, where In conflict with local laws such as Civil Service, are not effectual, but otherwise where not In conflict are authorized and valid.45 Experience With Municipal Employee Unions Friends of the movement argue that administrative tolerance toward or encouragement of unions in the public service springs not from legal competence of governmental agencies but is a matter of public policy. Public employee union experience is limited. Only a small minority of the employees are within the labor movement. Few locals have mustered the strength to demand collective agreements. In 19^6, eighty cities were listed whereas ninety-seven vepe claimed as having written agreements covering one or more employee groups. 4 6 The International Association of Fire Fighters whose locals in terms of number and membership comprise the majority of the unionized municipal emple^ees, furnished only a few instances of collective bargaining. 47 Firemen's unions are quasiunions, "act simply as solidarities for the discussions

20

FIREMEN'S AMD PATROLMEN'S UNIONS

of grievance and department affairs."4® The 1946 report of the Committee on Public Employer-Employee Relations of the National Civil Service League stated that "normally a 'contract' with an employee association in the public service represents an advisory group judgment which an administrator is willing to accept, not a technical instrument regarded as binding the government in the future to a contract resulting from a group pressure. The committee was of the opinion that the agreements are closer to memoranda.4® Those endorsing the trend toward more responsible trade union practices call attention to the fact that present experience is limited to unions that have hardly ripened into the status of strong and free workers' unions, and that in essence it does not make much difference If the agreement is called a memorandum or a contract. The Important thing is the spirit of co-operation and good will and the democratic process through which the agreement is arrived at and applied. A recent study has analyzed thirty-two contracts made by municipalities with public service unions. With the exception of Philadelphia, pioneering In this field of labor relations is limited to smaller communities. The contracts analyzed are concerned with wages, seniority, vacations, holidays, and sick leaves. Upon one aspect there is general agreement: they designate the hiring of workers as the sole responsibility of the public party. Civil service practices are not challenged. Eleven of the thirty-two agreements provide for the union shop, a few specify discharge upon failure to remain union members in good standing, nine provide for the recognition of the union as the sole bargaining representative, six provide for the check-off of union dues upon authorization from the union member, and one makes the check-off compulsory. Nine agreements provide for procedures for the adjustment of grievances, eighteen for the final settlement of disputes by arbitration, and eight expressly forbid strikes and lockout?· 5 0 In a recent case, the Circuit Court of

UNIONS IN CITY PUBLIC SAFETY DEPARTMENTS

21

Baltimore made the following statement upon the status of labor contracts in the field of government employ: It does not follow that every agreement with a labor union by municipal officers Is unlawful. No lav forbids the organization of city employees into an association; nor denies to euch association the privilege of fair hearing In the natter of working conditions and term of employment. Agreement upon a fixed policy for a reasonable period In regard to wages, hours, etc., may premete stability and regularity. But the preferential and exclusive features cannon to labor union contracts in the field of government must be altogether avoided; the right to hire others, and to fire union members must be preserved, as well as the right to hear and consider the grievances of other than union members. There must be no strike; and no closed shop. 5 1

The Baltimore Court, in a later decision, which sustained a voluntary check-off plan, held that collective dealings "have come to stay and must be regarded as an accomplished fact of modern industrial l i f e . " 5 2 Government must of necessity enter a competitive labor market. Through specific city ordinances, certain municipalities have made provision for employee negotiations or have given city employees engaged in the proprietory activities of the cities permission to do so. Among these are Bloomington, Illinois; Pontiac, Michigan; Detroit; Cleveland; Philadelphia; Reading, Pennsylvania; and Fairmont, W e s t Virginia. 5 3 Trade Onion Practices As Adopted to Public Service Certain variations in trade union practices are acceptable to those advocating strong unions. It is generally agreed that where immediate action is required, collective bargaining must be limited to matters over which the public officer has discretionary power. 5 4 Consultation, however, might also result in recommendations to the legislature on matters beyond the discretionary power. The most important employee demands, those of hours and wages, áre matters determined by che legislature and not within the discretionary power of public officers. The organized employees muet resort to political pressure for

22

FIREMEN'S AND PATROLMEN'S UNIONS

changes In wages and hours and for the required budgetary increases. It is generally agreed that the closed shop, the union shop, and other compulsory union practices are Incompatible with open competitive opportunity under the merit system. The Circuit Court of Baltimore has ruled that the designation of a sole bargaining agent, determined by the ordinary process of majority strength, is unlawful.55 A multiplicity of employee organizations Is frequently found in public agencies, often stimulated by forces unfriendly to strong employee unions. Since majority control and the closed shop are precluded, employee problems, where more than one employee organization exists, must find a solution on two levels of negotiation: among the diverse and often contending employee organizations, and between management and the employee representatives. Experience will produce the practices which in the long last will best serve this very complicated situation. In 'the Baltimore instance, the impasse was broken by a proviso in a new contract that any employee organization might bargain for or on behalf of its members.5® The more commonly held view among friends of public employee unionism Is that where splinter groups form the pattern of employee organization, an lnter-union council should be organized and authorized to serve as the bargaining agent for all.57 In any case, prompt settlements are needed. A continuous process of consultation and negotiation, resulting in the application of general principles to specific cases and new decisions on new issues, must function In order that channels for productive work be kept open and free from costly obstructions which lower morale. This process of consultation and action, leaving much to the good sense and good will of both management and the union,is administrative in contrast to legislative collective bargaining.58 During the transition period as employee-management processes evolve,5® the methodology of the labor movement applied dogmatically to public employment relations can easily be used by those unfriendly to unionism to twist issues and so defeat a

ONIONS IN CITY PUBLIC SAFETY DEPARTMENTS

2?

government policy that is fundamentally aimed at protecting labor's rights. 0 0 On the controversial issue of the use of the strike, friends of public employee unions argue along pragmatic lines. Strikes have occurred in public e m ployment more frequently among the unaffiliated w o r k ers than where the workers are unionized. Strikes In government agencies are essentially like strikes in private industry. 6 1 A public employee flatly stated, "Any government that would allow conditions in% government employ to reach such a pitch as to become intolerable to the workers involved, would deserve to have a strike on its h a n d s . " 6 2 Collective bargaining prevents strikes: This Is the purpose of the Wagner Act. For obvious reasons of public safety, the public safety departments, as should be true of the public utilities operated under private management, are reserved as exceptions. It is held that the ultimate sanction of the strike must yield to the demands for public welfare. By Act of Congress, the use of the strike Is prohibited to firemen and police In the District of Columbia, and to all federal employees in the 1947 Labor Management Relations Act.® 3 The friends of unionism call attention to strong alternatives short of work stoppage held by the men in the public safety departments. The level of their efficiency has a n immediate and widespread repercussion affecting the whole community. The union can use publicity which dramatically presents their grievance to public notice. The relatively younger and experienced men might retire at the Immediate completion of the service period with full public statement as to the cause. For affiliated unions the anxiety over the use of the strike is a straw man used to defeat unionIsm. The public employee unions have Incorporated strike prohibitions in their constitutions and claim a better than ten-year record of not striking. 6 4 Their union leaders hold that the use of the strike is neither feasible, practical, nor desirable. Genuine industrial democracy and honest collective

24

FIREMEN'S AMD PATROLMEN'S UNIONS

bargaining are said to prevent strikes.65 The argument which made unionism, collective bargaining, and strikes appear as sjnonymous, has been said to be beside the point. Gordon R. Clapp, for one, argues that public employees are citizens and as citizens they live In a democracy which has established a place for unionism. They have the average interest in the continued functioning of the public agency in which at the time they are working. They have as strong a determination to have their government effectively function as any other citizen.ββ Unionism brings continuous consultation upon the problems of employment before the problems reach a crisis stage. Collective bargaining cannot be precluded on the ground that one sanction - the strike - is omitted. However, in the long last, the strike will always remain as a measure of last resort for free men. The anti-strike legislatinn recognizes this fact. Friends of public unionism hold that ultimately "the right to strike is as native as the right to revolution."®7 UNIONS IN CITY PUBLIC SAFETY DEPARTMENTS Unions, Affiliated and Unaffiliated, In the Police Department The deepest anxieties and prejudices in public opinion emerge when affiliation with organized labor is viewed as a possibility in the municipal public safety departments. The epecter of a police strike is readily raised. The peril to the essential neutrality of law enforcement and fire protection 13 easily stressed and readily accepted. Yet since I916 the members of both departments have been heading toward Independent unions affiliated with organized labor. At the outset, policemen were excluded from the labor movenient by organized labor. In I897, when a petition from a police union formed by privately employed men came to the Executive Council of the American Federation of Labor, a charter was refused and the Federation's policy stated;

UNIONS IN CITY PUBLIC SAFETY DEPARTMENTS

25

We received, an application for a charter from the Cleveland Uniformed Special Police.

The application was endorsed by the

Cleveland Central Union and Organizer Isaac Cowan of the city. We rejected the application, as it is not within the province of the trade union movement to especially organize policemen, no more than to organize militiamen, as both policemen and militiamen are often controlled by forces inimical to the labor movement. 88

In the light of conditions which have prevailed in municipal police forces, the exclusion has been of great significance. The management has been conspicuous for an absence of civil service protections, the presence of political exploitation, and a growth of benevolent associations among the men. The exclusion, however, did not end the interest in union affiliation among patrolmen. In 1916 > the labor leaders in New York City encouraged this interest.βθ In I9I8, at the suggestion of the Executive Board of the Central Federated Union (the central body of th9 A. F. of L. unions in New York City), Samuel Gompers sent out an inquiry on a proposed national union for police and firemen. 70 In June Ι919» upon the request of four city central labor bodies, a resolution favoring the unionization of policemen was passed at the A. F. of L. annual convention.71 During the summer of Ι9Ι9» because of the widespread refusal of municipal governments to grant increased wages In the face of rising living costs, police benevolent associations reorganized Into union locals. At that time The Chief stated, "Throughout the country policemen's unions are now in existence. Applications for charters are coming Into headquarters at the rate of two and three a day. Twenty-nine such unions are already recognized members of the American Federation of Labor." 72 The destructive attack upon police unions which followed September I9I9 must be viewed in the light of labor events of that year. The rapid growth of organized labor and the vlctorlep won through turbulent activity consolidated employer resistance to unionism generally as well as encouraged the workers

26

FIREMEN'S AND PATROLMEN'S UNIONS

to become more militant. The successful textile strike of Lawrence, Massachusetts Is a landmark In Industrial unionism. The British labor victories which Involved police unions did not go unnoticed in America. In August I918, twenty thousand London police, whose Metropolitan Police Trade Union was formed during the closing months of I9I3, held a demonstration after an overwhe."1 ing strike vote had been cast. The subsequent net .ations with the Prime Minister and the Home < flue gave the men significant concessions.73 During 1919* police strikes took place in Liverpool, Birkenhead and Birmingham, supported by sympathetic strikes of teamsters, firemen, and other municipal employees. The American public viewed the British strikes with alarm. Although some liberal sentiment in America approved unionism, including that of government employees, the great body of public opinion remained antl-unlon. Then with the I9I91920 steel and coal strike failures, an era of strike breaking, open shop drive, and company unionism came to dominate the American industrial scene. The attack upon police unions was a part of the anti-union trend. General support for an assault on police unions was secured through the handling of the Boston Police Strike, September 9-12, I919, and the nation-wide publicity given to it. In July 1919» the Boston patrolmen reorganized their association and affiliated with the A. F. of L. The union was banned by departmental order a month later. At the time, Herbert Parker, former Attorney General of Massachusetts, served as special counsel to Police Commissioner Edwin U. Curtis. Under the Curtis-Parker leadership, former Police Commissioner Stephen 0'Meara's policy of consulting with tfhe representatives of the police association, known as the Boston Social Club, was reversed. The police association's representatives were refused an opportunity to voice long-standing grievances or to press for much-needed salary Increases. The force entered the labor movement when t the accustomed channels of contact with the administration were broken. 74

UNIONS IN CITY PUBLIC SAFETY DEPARTMENTS

27

During August and at the beginning of September, the Parker-Curtis leadership, supported by Governor Coolldge, forced the Issue. Commissioner Curtis did not delay the suspensions of the men dismissed from the force on charges of having violated the ban on union membership, although he had been asked by the Mayor's Citizens' Committee to do so in order that a peaceful solution might be arrived at. Despite the fact that the Mayor had asked the Governor to have three or four thousand guardsmen in Boston at the moment the police went out, the Parker-Curtis administration vetoed the request and yet failed to have forces in readiness to patrol the city. The police walkout in the late afternoon of September ninth was followed by a night of "tumult and riot." Order had been restored through the Mayor's efforts before the state guardsmen took over on the second day of the strike. Parker and Curtis got the full support of the press; the whole country was made aware of their account of the strike. What was at the outset a n easily settled and simple labor dispute was sucessfully lifted to the plane of an attack upon the state. Governor Coolldge and President Wilson added their voices to the condemnation of the action taken by the men. Not only were the Boston men completely defeated but there followed the dissolution of all police unions throughout the country, the enactment of restrictive local ordinances and the Issuance of departmental orders prohibiting police and firemen's unions. [But] the fact remains that whatever becomes of the Boston police, other municipalities throughout the land Immediately passed measures to Increase the pay of policemen from 15 to 20 per cent. . . . The Boston policemen's strike marks a new era In man's protest against the Inhumanity of our undemocratic Industrial time. 75

Until the late 1930's, patrolmen'3 associations were limited to the early pattern of benevolent organizations chiefly local and Isolated in charact e r . 7 6 "The striking fact about police organization,

28

FIREMEN'S AMD PATROLMEN'S UNIONS

however, Is that though there are upward of half a million law enforcement officers In this country, there Is no great group which brings them all together.1,77 Federation on the state level Is also rare. In 1925, on the Initiative of the Patrolmen's Benevolent Association of New York City, a State Police Conference federating the police associations In the state was organized. Thereafter it has continuously functioned. In 1930, the leaders of the New York Patrolmen's Benevolent Association sought to promote a national federation. The Association's officers, after a nation-wide tour, announced that a national association which would co-operate with the International Association of Fire Fighters was soon to be formed. 78 This hope proved to be too optimistic. A decade later the promise was repeated. The announcement followed a meeting of police representatives in Washington, called by the Fraternal Order of Police, to consider a proposed amendment to the Social Security Act which sought to cover civil service employees.79 The difficulties encountered in developing a national association are illustrated in the widespread opposition to the Fraternal Order of Police. Organized during the 1930's, the Fraternal Order of Police affiliates local police lodges or chapters. In 194?, ninety-two lodges in cities of 25,000 and over were claimed, 80 and In 1944 the number had grown to I 6 9 locals.81 The growth was halted, for in the spring of 1945 the Order claimed only I 6 5 lodges. 82 The Order limits its purposes to securing and enforcing civil service laws and pension systems. In relatively few places, excepting cities of 250,000 or over, are policemen under civil service tenure and In fewer do the men have pension protection.83 The close political control over the police force, prevailing in all American cities, 84 Is probably the reason why this seemingly Innocuous federation Is meeting with strong administrative resistance. The Fraternal Order of Police aroused administrative opposition inseverai large cities, among which

UNIONS IN CITY PUBLIC SAFETY DEPARTMENTS

29

were Detroit, Cincinnati, and Lansing, Michigan. The following statement was made when the Detroit men were denied membership in the Order: To affiliate with these organizations [Fraternal Order of Police and the CIO] would imperil hie position as a police officer. The position of a police officer is different from that of other city employees or employees in private employment. A member of the Department is prohibited from affiliating with a labor union or an organization which will in any way exact prior consideration and prevent him from performing full and complete police duties. A member of the Department who affiliates with such a union or organization will be eubject to immediate dismissal.85 The Detroit Police Commissioner stated "that the P.O P. had more similarity to a labor union than a fraternal order and that in his opinion a police officer could not consistently belong to a union and perform his sworn d u t i e s . " θ β In 19^5* the Court upheld the Commissioner's o r d e r . 8 7 The City Manager of Cincinnati also termed the P.O.P. a union and stated "that the administration would not tolerate the unionization of the police f o r c e . " 8 8 A like a d ministrative prohibition was taken to court by the men of Lansing. The Michigan Supreme Court upheld the Lansing City Police and Fire Commissioner's order. "This organization within the law enforcement body is contrary to public policy." Dissenting, Justice Sharpe called attention to the court's careful study of the constitution and by-laws of the F.O.P.: "we have examined the constitution and by-laws of the Fraternal Order of Police and fail to find any doctrine, principle or obligation therein contained which would conflict w i t h the duties its members owe the city as members of the police f o r c e . " 8 9 The issue of civil liberties was raised in this case. The court held that "those who serve the public either as makers of the law, the interpreters of the law or those who enforce the law, must necessarily surrender, While acting In such capacity, some of their presumed private rights." An effort was made to bring the case to the

30

FIREMEN'S AMD PATROLMEN'S UNIONS

United States Supreme Court, but the writ of certiorari vas denied. 90 The struggle against the Order stimulated the police to a renewed Interest In affiliation with organized labor. To date, police unionization has been on the whole an American Federation of Labor effort. The C. I. 0. has limited its activity to state highway patrolmen and prison guards.91 In 1944, the American Federation of State, County, and Municipal Employees, A. F. of L., reported locals entirely of police In twenty-eight cities and police as members of general locals in twenty-three additional cities. 0 2 In 1945, locals composed entirely of police were claimed In thirty-nine cities, and police as members of general locals in thirty-four cities.93 In January 1946, forty-nine cities had locals made up entirely of police. 94 This has Indeed been rapid growth. As has been mentioned, police unionism has encountered opposition: among the local administrations prohibiting unions are Detroit, Chicago, 6inclnnati, Los Angeles, St. Louis, Chattanooga, Wichita, Boston, and Hartford.95 The Detroit mayor, ln support of the mentioned Police Commissioner's ban against a C. I. 0. affiliation, used the argument: "A police officer cannot consistently belong to the C. I. 0. and perform his sworn duty. He cannot have a dual allegiance. . . .He is required to enforce the law with strict impartiality regardless of his .own feelings or philosophies."90 The Chicago local, affiliated with thé A. F. of L., ln 1944 claimed a membership of from 800 to 1,000 - a small proportion of the entire force. It was announced that the local "was organized to provide a methód of handling grievances; it says It has no right and no Intention of using the strike, does not seek a contract, closed shop, check-off of dues, or exclusive bargaining rights."97 The Corporation Counsel's opinion stated that "there Is nothing in the unique status of a police officer which would deprive him of the right to join any lawful organization. . . .The object and

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methods stated In the constitution of the American Federation of Labor and American Federation of State, County, and Municipal Employees are those which police officers Individually or collectively could seek to attain."βθ Nevertheless, the right to organize was stated to be a qualified one, dependent upon the legislative and administrative policy of the government agency." The Police Commissioner, backed by the Mayor, issued an order to disband the union. The Chicago City Council, taking an ambiguous stand, "refused to go on record against police membership in unions but simultaneously declined to give the city's newly formed union a formal hearing.1,100 In Cincinnati, the Manual of the Police Department forbids any member of the force to join any organization whose object would be to "interfere with the discipline and conduct of the members and the exclusive control of the police department by the City Manager,1,101 and pursuant thereto, the city manager ordered the dissolution of the union. A Los Angeles ordinance authorizing payroll deductions of dues for the Los Angeles Police Employees Union was disapproved by the Mayor. 102 In St. Louis, the majority opinion of the police board held that police labor affiliation is contrary to the basic nature of police duties and obligations.103 As was true in the Chicago Instance, the right was held to be dependent upon public policy. Chattanooga did not rule out the union but rejected a proposed contract which included "recognition of the Union as sole and exclusive collective bargaining representatives, requiring all employees of the Police and Detective Department to become members of the union or be discharged; requiring all temporary employees to obtain a working permit from the μηion before being employed; arbitration of disputes; hours of work and over-time payment, and .sick leave with pay.1,104 In Wichita, the Board of Commissioners' order dismissing members of the police force on the ground that they had joined a union was upheld by the City Attorney. The order did not prohibit every type of organization, but only

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a n application likely to be detrimental to efficiency. The old argument of divided allegiance was used against u n i o n i s m . 1 0 5 In 1944, the Boston Police Commissioner warned that peremptory dismissal would follow membership In a police u n i o n . 1 0 0 The 1919 departmental ruling was used. In April 1944, the Hartford Board of Police Commissioners refused to recognize a recently formed police u n i o n . 1 0 7 In the fall of 1944, this denial was reversed by an ordinance which directed all departmental administrative heads to recognize unions, prohibited discrimination against a n y employee who joined a union, and authorized the mayor to Intervene In a dispute between the union and any department. The ordinance also ordered the establishment of effective machinery for the handling of grievances and suggestions. 1 0 8 The Hartford ordinance may mark the onset of a trend for union protection In communities where organized labor Is contributing to the formulation of public policy. Springfield, Illinois, where a police union exists without ordinance protection, has reported that "up to the present time no question has arisen locally as to the desirability or legality of the u n i o n . " 1 0 8 It is of importance to note that, although up to 1944 unions were reported to have been prohibited In thirty-eight cities, the administration's decision was not tested in the courts. It seems to be acknowledged that the courts would follow the argument that unionism would result In divided allegiance and be detrimental to to the discipline and neutrality of the police force. A t any rate the restrictive administrative actions have brought forward the frank recognition that the whole matter of police unionism is one of public policy. Unionism in Fire Departments The development of unions within the fire d e partments followed· a different course. A widely a c cepted distinction between the two services may underlie the different treatment which the American

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Federation of Labor accorded firemen's requests for affiliation. The police represent the ultimate physical power of the whole state in action; the firemen are a group of munieipal employees rendering a specific service. The police form a part of the administration of justice and although confined to local agencies are essentially officers of the state.110 The operation and administrative control of fire departments have been deemed matters of essentially local concern.111 The basis upon which the American Federation of Labor originally excluded police unions is obviously lacking. In 1901 the first firemen's union was organized by Frank Morrison, secretary of.the American Federation of Labor. The small local in his neighborhood station house in Washington, D.C., however, had a brief existence "due to internal dlssentlons." The firemen's union in Pittsburgh, Pennsylvania, organized In 1903, was the first to start off a widespread movement.112 The slow growth of firemen's unions until 1916 was due to the firemen themselves. The Boston men illustrated the prevailing view when in 1913 it was said of their adverse vote on union affiliation: "Some of the prominent members were of the opinion that tljey would bring no influence to the American Federation of Labor by affiliating, in as much as they could never become a militant organization In the trade union sense and therefore not being able to strike could not aid organized labor.11113 But a rapid growth of firemen's unions occurred during the I9I6-I918 period of" mounting living costs and static salary schedules. In February I9I8, sixtysix directly affiliated firemen's unions founded the International Association of Fire Fighters.114 At that time it was asserted that "the dormant powers of the firemen have at last been awakened by the call of unionism.1,115 Of the estimated forty thousand firemen In the country, twenty thousand were claimed as union members at the time of the Boston Police strike.118 With 120 locals In 0.919, the International Association of Fire Fighters had grown

FIREMEN'S AND PATROLMEN'S UNIONS from a v o t i n g s t r e n g t h of 23 votes In the I 9 1 8 annual convention of the American F e d e r a t i o n of Labor t o 154 votes in 1 9 1 9 · I n 1 9 2 2 , the r e p e r c u s s i o n s of the Boston p o l i c e s t r i k e had reduced t h i s s t r e n g t h to 23 votes. 1 1 7 The growth in unionism among firemen was brought t o a sharp h a l t a f t e r t h a t s t r i k e . Unionism in the government s e r v i c e s came t o be viewed throughout the c o u n t r y , as the " q u i n t e s s e n c e of B o l s h e v i s m . " The p r e s s was united in the a t t a c k a g a i n s t p o l i c e and f i r e m e n ' s unions. "There i s no q u e s t i o n ; no q u e s t i o n of p r e j u d i c e , p o l i t i c a l , commercial, or p e r s o n a l . There I s i n s t e a d an almost unanimous b e l i e f t h a t the public w e l f a r e demands the immediate d i s s o l u t i o n of p o l i c e and f i r e m e n ' s u n i o n s . " 1 1 8 Congress responded promptly with l e g i s l a t i o n which p r o h i b i t e d a f f i l i a t e d unions in the p o l i c e and f i r e departments of the D i s t r i c t o f C o l u m b i a . 1 1 9 P r e s i d e n t Wilson supported the 120 measures. I n m u n i c i p a l i t i e s , ordinances or departmental orders c l o s e d union membership t o the uniformed men. In one r e p o r t e d c a s e a t l e a s t , the p o l i t i c a l boss s e t t l e d a p o l i t i c a l s c o r e a g a i n s t the f o r c e . In J e r s e y C i t y , the firemen had f a i l e d t o make the usual $ 5 . 0 0 c o n t r i b u t i o n to the Democratic P a r t y and had sponsored a referendum f o r the two-platoon system which was won by a vote o f ten t o one. Mayor Frank Hague, aided by the United Board of B u s i n e s s Repres e n t a t i v e s , smashed both the f i r e m e n ' s and the pat r o l m e n ' s u n i o n s . 1 2 1 Where organized l a b o r was s t r o n g , as i n New York C i t y and Chicago, the firemen rode the storm. A Mr. S u l l i v a n , speaking of the Chicago e x p e r i e n c e I3 r e p o r t e d t o have s a i d , The police had an organization in Chicago, and also the firemen. The firemen were a f f i l i a t e d with the A. F. of L. The Mayor of Chicago · . f i r s t called the police In and he told thëm to disband, that he would not stand for their organization. They had to disband. They had no a f f i l i a t i o n , and they had no other recourse.

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Then he called ue in and told us that we had to disband, that we could not have any other cuff Illation« The answer that he got from our president was, "to go to hell, we have our affiliation with the American Federation of Labor and we have property. We can hold our organization." 122

Firemen In other places also struck back. "When the charters were taken away from Knoxville and Nashville, we had manufacturers as Mayors. . . . during the last election the labor movement elected thirteen councilmen (from a total of 17) and the Mayor." 123 Subsequently the men were back for the International Fire Fighters' I92I convention. 124 Between I9I9 and I926 a total of forty-two affiliated firemen's unions were either disbanded under pressure or legislated out of existence. The International Association of Fire Fighters survived, though For the first three years of our existence, as an organization, organizations came and went. . . .The entire personnel of our International, practically, was turned over, especially our membership, during the first three years of our life time. Same of our greatest followers, some of our greatest men in 12s the advancement of the cause, were sacrificed for the cause.

In the fall of 1921, the International placed a paid organizer in the field - a fearless answer to the prevailing mood of the time. 1 2 6 The International assisted locals that challenged city ordinances granting to the commissioners discretionary power to dissolve firemen's associations. The court cases which resulted therefrom defined the status of firemen's organization. In Dallas Texas, the departmental rule prohibiting membership in a labor organization was based upon the following city ordinance: Hereafter no organization or association shall be organized among the members of the fire department unless the same first receives the approval of the chief of the department and the police and fire commissioner; and if at any time after the creation of any such organization or association', it should appear

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to the chief of the department or the police and fire commissioner, that such organization or association is detrimental to the duties and services required to he performed by the members of the fire department, it shall be the duty of the members composing any such organization upon request from the chief of the department and police and fire commissioner to dlscon127 tinue and dissolve any such organization.

The Dallas men challenged the departmental rule. In 1920 the Court held that the rule was not arbitrary; the commissioner's power was sustained. "The adoption of the ordinance may have been the result of a purpose to minimize. . . the probability of such calamity (the recent strike in Boston) in the city of Dallas."128 The same month, June 1920, the Texas Court denied an injunction to prevent the San Antonio mayor's and commissioners' disruptive action against the firemen's effort to organize a union. In conclusion, the court stated, "it cannot be said, as a matter of law, that a municipal corporation has no right or authority . . . to determine that membership in" a certain organization renders its appointees inefficient or untrustworthy."123 In 1923, the Pennsylvania Supreme Court took the same position toward administrative action prohibiting union membership. By departmental order the firemen of Pittsburgh were ordered to sever their connection with the association "which a few years before had organized a strike of firemen." In I918, the National War Labor Board mediated a dispute after a firemen's strike which lasted approximately five hours. The firemen gained their demand.130 In 1922, It was reported that the firemen failed to receive an increase in salary given to the polioemen because they were affiliated with organized labor 1 3 1 The departmental order which was the subject of the firemen's suit in 1923 was upheld by the court: union membership was declared to be "inconsistent with the discipline which such employment imperatively requires and therefore must pro^e subversive to the public service and detrimental to the general welfare.1,132 State courts and

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37

municipal administrations have supported this Pittsburgh rule. In 1955, the Virginia Supreme Court of Appeals applied the rule in a case brought by the firemen of N o r f o l k . 1 3 3 Employee associations, whether affiliated with organized labor or Independent, exist among firemen by virtue of the tacit consent of the political bodies which govern the municipalities. Firemen do not have the Inherent right to organize. City administrations, however, yield to pressure. In I92I, Atlantic City's firemen's union was forced to surrender its union charter. In June 193^, under more favorable local and national conditions, the Atlantic City firemen secured the Director of Public Safety's permission to apply for reinstatement within the International Association of Fire Fighters. Less than three weeks later, but after the union had received its charter, the mayor issued e n order prohibiting membership in the union. The Executive Council of the American Federation of Labor had not as yet designated the convention city for the 1935 annual meeting but it was known that Atlantic City was favored. Subsequent to the mayor's order, the officers of the International petitioned the Executive Council that unless he rescinded the order against the firemen, Atlantic City should not be selected for the convention. The mayor rescinded his order and the convention met in Atlantic C i t y . 1 3 4 From the outset of their affiliation w i t h organized labor, firemen, whether organized or not, have used the strike. David Zlsklnd's study recorded seven Instances of the strike before 1918; ten In I918 with nine additional Instances where the m e n threatened to resign in a body; six in 1919; four in I92O; six in I92I; two in 192?; and the well publicized Salt Lake City strike in 1925: 06 In I919, in the Seattle general strike the fire fighters did not go out, but in Wlnnepeg, Canada, they d i d . 1 3 ® In I925, the Salt Lake City men deliberately refrained from involving their union in a dispute and subsequently asked the International to revoke their o h a r t e r . 1 3 7 Nevertheless, the wide publicity given

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to the strike and the restrictive city ordinance issued afterwards, together with the general antiunion attitudes of city officials, was said to have caused the International in 1930 to adopt its more direct provision against the use of the strike weapon. 138 The constitutional antl-etrike provision now reads : We shall not strike or take active part In any sympathetic strike, since the work of the fire fighters Is different from that performed by any other workers, as we are employed to perform the duties of protecting the lives and property of conmunltles In case of fire or other serious hazards.

The superseded clause had stated "it .shall be deemed inadvisable to strike or to take active part in strikes."140 In 1936, when the locals of Vancouver and Victoria, Canada, threatened to strike, their charters were revoked. The International stated that it 'has been essential that city pfficials should be assured that there was no danger of a strike of the city's fire fighters, as without such a feeling of assurance. . .it would have been difficult if not impossible for the IAFF to have grown as it has."141 David Zisklnd, writing in 1940, reported that since 1925 the only firemen's strikes had been those of unorganized men and that, although the International practically doubled its list of locals, none had gone on strike.142 This fact has remained true to 1946. The support which unionism generally has received since 193^ and the growing strength of organized labor are reflected in the growth of the International Association of Pire Fighters. The renewed interest in civil service reform accompanied the grpwth in firemen's unions.143 In 1938, The International Fire Fighter held that "improved efficiency was the inevitable result, when the fire departments were removed from the control of politicians. . . . Improved efficiency was resulted in a greatly improved attitude of mind of the general public."144 From a low of 140 affiliated locals in I926, the International had grown to 648 affiliated in July 1946.145

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The most rapid increase followed 1932: seventeen new locals entered in 1932, twenty-nine in 1933, thirty-eight in 1934, thirty-six in 1936, fifty-two. in 1938, the same number in 1939< twenty-eight in 1940, thirty in 1942, thirty-six in 1943, forty-one in I944, and twenty-five in 1945. Twenty-nine state associations have been organized. These figures, better than words, show the trend. The Need for Case Studies The moot question of strong unions in the public safety departments warrants a case study. What really happens when these m e n organize, when they affiliate w i t h organized labor? The facts of an actual case will give substance to the claims of the opponents as well as of the friends of strong unions. Have the organized employees entered upon activities feared by the opponents or ideally assumed by their friends? Are they ready to participate in departmental policy determinations? Have they supported administrative reforms and good government programs designed to improve the quality of the service? Have they been a n aid. to their membership: presenting individual grievances and securing redress, operating special services such as co-operative purchasing, hospitalization, credit facilities? W h a t demands have they sponsored and what means have they used to achieve their demands? Are the affiliated unions stronger than the independent ones? The internal organizational pattern is of importance. What internal safeguards are needed to Insure due process to individual members? W h e n lacking, how might structural changes be secured in the organization's constitution through public action? If a single organization holds a monopoly of membership in these departments, has thp public welfare been endangered thereby? W h a t external checks against strong unions might be developed? The present study presents the history of the organized firemen and patrolmen in Nèw York City. The.

FIREMEN'S ARD PATROLMEN'S ORIONS patrolmen's association Is of the Independent benevolent type generally prevalent In American municipalities. The firemen's union on the other hand has been affiliated with the American Federation of Labor through the International Association of Fire Fighter for a period of twenty-eight years. Specific facts on employee demands, the means the unions have used to attain the demands, management-employee relations over a fifty year period - all their strengths and veaknesses -may free both the opponents of publiò employee unions from certain exaggerated fears and the friends of unions from certain exaggerated expectations.

Chapter II ASSOCIATIONS IH THE NEW YORK CITY PIRE AND POLIC DEPARTMENTS: THE FORMATIVE PERIOD, I89O-I914 DURING THE FORMATIVE PERIOD, 1890-1914, the uniformed men in the lowest ranks of the New York City public safety departmecfcs established and used employee Interest unions organized as benevolent associations. The men in the superior ranks did likewise; the organizations followed the semi-military ranking system which prevails in these departments. Separate associations were formed by the police captains, lieutenants, sergeants, and patrolmen. The firemen, however, affiliated with an association open to all ranks in the Fire Department. Collectively these organizations are designated the line associations. Intra-departmentally the various ranks frequently co-operated, and on specific demands the police and fire line associations also joined forces, operating through joint committees. All ranks were and remain primarily interested in wage Increases and shortel* hours. From the outset the associations have operated as political pressure groups and have failed to develop chanhels for employee-management consultation. During the formative period this political activity involved the use of underground methods. Dishonorable political practices, although socially discredited and in part unlawful, characterized the political life of the time. It cannot be said that the methods of the associations stand out as particularly condemnatory when compared with thosç of other organized political preesure groups. Certain employment conditions contributed to the practices used. Among these must be mentioned a Civil Service Law easily circumvented by the resourceful politicians, a departmental discipline that made the men vulnerable 41

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to many coercions other than loss of job, a political machine that opposed independent employee action, and a general public that held municipal employees In low esteem. Concurrently during the l890's, civic reform elements also organized upon a permanent basis. The frequency and thoroughness of the reformers' investigations into the practices of the political machine, Its use of the Police Department in particular, depended upon the organized strength of the good-government elements in the community. Some groups centered attention upon "vices and not taxes" and others upon the defense and the extension of the merit system. In only one Instance, however, was attention focused upon employee personnel problems, whereas pressure was exercised to secure the enactment into law of certain proposals for the improvement of political machinery and for administrative reorganization. As coalitions, the reform groups entered the municipal elections, sweeping "the rascals out" or winning such strength in the elective offices as to place a real surveillance over Tammany administrations. During times of attempted law enforcement and administrative reorganization, the organized uniformed m e n of all ranks united to oppose the reformers. Although the tyranny of the political machine was most severely exerted against the men in the lowest ranks, both the firemen and the patrolmen came to regard the reformers as their greater threat and ever-present enemy Community Conditions Influencing the Organization and Activities of the Unions The organized men's activity must be viewed in the light of the reformers' activities and of other community conditions. Among these the following were Important: the heterogeneous population of the rapidly growing and Immensely rich metropolis, the wellknit and firmly established-Tammany political machine, and the relation of the superior officers in direct command of the men to the political machined Interruptions of Tammany control of the municipal government were brief and infrequent. The firemen and

ASSOCIATIONS IH NEW YORK DEPARTMENTS

kj>

patrolmen served under the direction of superior officers, who in turn were under the direction of Tammany leaders. From the 1880's and well down to 1920, four groups in the city's population played important political roles: the foreign-born and those of native birth with but recent roots in American life, the "good citizens" of Puritan tradition, the easy-spending and excitement-seeking residents and visitors, and lastly the criminal element. The first group formed the substructure of the political complex. As late as I908, it was estimated that the foreign born and those of foreign born parentage, large numbers of whom did not epeak English, comprised 85% of the city's total population.1 They were on the whole a disadvantaged people, living in economic insecurity and social isolation. The first and continuing need of these people was for jobs; their second, for community services that would lessen the hazards of life in the great and strange city. The frieAdly Tammany district leaders understood both needs; their own Immediate past had been crowded with like problems under similar circumstances. Tammany performed the desperately needed benevolent services for them and above all put them in touch with jobs. In return the people furnished the machine vote without which Tammany could not hope to remain in power. Most mayoral contests were won on narrow pluralities; therefore the machine concerned Itself with the process of transforming the incoming surge of immigrants Into "voting" citizens loyal to Tammany. As early as the 1880's the Tammany machine, after more than four decades of nearly unchallenged control, was well along the high road to paternalism. In neighborhoods not so distant from the tenements but separated by a barrier of great social distance lived the city's "good citizens." A few had amassed great fortunes and lived ostentatiously but the greater number lived quiet, sober lives in a world strangely Incongruous In a metropolis. Lincoln Steffens in characterizing this middle class world said: "New York In the nineties was about what

FIREMEN'S AND PATROLMEN'S UNIONS Tennessee is nowadays, a provincial moral community with a conscience. . . .He [Dr. Parkhurst] and we the people took a moral view of politics, government, business - everything.1,2 The life of those people was centered in economic and social activities; politics was considered a "dirty" business, and public office was held in low esteem. A civic leader of that day concluded that "in New York we have, I think, take it all through, a very low degree of intelligence and ability on the part of the public officers, a set of men who, if left without suggestions from others outside themselves would not perform any of their activities in any decent manner whatever.113 A moral Issue could arouse the "good citizens" to political action and when aroused their strength was great. Each crusade against the "vices" renewed the effort to enforce legislation designed to compel the community to shape its morals and manners in accordance with the Puritan sense of propriety. Though email numerically, the third population group was made politically Important by this regulatory legislation. Business-seeking and pleasure-bent people, temporarily or permanently drawn to the city from all sections of the country and from all parts of thq world, demanded amusements, liquor, and vice. Pull enjoyment of these forbidden activities could be secured with the aid of the city's police officers, but at a price. It therefore followed that the demand for privilege and protection created opportunities for graft, and though the graft remained a relatively secondary source of Income for the political leaders, it was always sufficiently attractive to keep the town "open." The ever-present possibility of aroused civic groups, however, forced Tammany Into a policy (a futile effort) of keeping the public bluffed into thinking the town was "closed."4 Within this environment of cross currants, crime wae transformed into a business. The purveyance of all forbidden activities became organized at every point. Blackmail and corruption were facilitated. "Every crook and hooligan in the United

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States," augmented by a steady flow from Europe, was attracted to New York City. 5 It was thus that the city's fourth population group, the criminal element, grew. The Police Department personnel was at the very core of the privilege-protection granting practices of the city's officials. The force, like the m e n in the Pire Department, was recruited from the tenements. All superior officers came up from the patrolmen's and firemen's rank. Appointment was prized, for it brought w i t h it a higher standard of living than could be secured by these men in private employment. The candidates in both departments submitted to a n assessment as a condition of appointment and promotion veil up to the second decade of the 1900's, though the departments were placed under civil service in 1884.® In I902, the fixed tariff for the sale of police positions was said to range from $500 for patrolmen to $10,000-$15,000 for police captains. 7 Political preferment was another prerequisite for promotion. Those seeking promotion comprised only a minority at best: "Most of the old type, with virtually no schooling to boast of, never aspired to gain promotion. They simply went on the job because it offered better pay than they were receiving, and required less effort." 8 The underworld collections of extortion and protection were made by the police captains' designated officers and channeled to the political leaders through the inspectors. This process was known as "the system." The reformera held that no one entering the police department could retain his position or secure promotion unless he accepted "the system." θ Of like importance and quite the nub of the machine's political strength was the patronage the safety departments offered. In I892, about 65JÉ of the city's employees were employed in the police and fire departments. 1 0 Por a brief early period the Republican bosses achieved the transfer of these departments to state control and held the patronage. 1 1 In 1870, the local control was recaptured in the Tweed

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Charter. The departments were placed under appointed boards, and the commissioners of each board vere granted full power of appointment, promotion, and dism i s s a l . 1 2 By tacit understanding the Republican m a chine was given two of the four seats on the Police Board and in 1895, the bi-partisan character of the board was established in l a w . 1 3 However, the Fire Board remained the unshared possession of the Tammany district leaders. To I90I, the Police Board disbursed the department's budget and administered the Bureau of Elections. The Fire Board, for ita part, placed contracts for fire fighting equipment which during this period was being changed to modern equipment. As the city grew in population and in extent, Tammany made full use of the increasing jobs available in both departments. The graft and plunder also Increased. Both the patronage and "the system" came to the attention of the "good citizens" from time to time. As reformers, the "good citizens" at the outset formed large citizens' committees for political action. For purposes of voting strength against Tammany, the citizens' committees formed temporary alliances w i t h the Republican party which made them factors of importance to Tammany. In 1872, the Tweed regime was terminated by a victory of the Committee of Seventy. It also secured state legislation w h i c h permitted taxpayers' suits against public officers charged w i t h waste of public f u n d s . 1 4 This proved to be a significant weapon against the grafters. In 1881, Seth Low's victory over the Brooklyn machine was a second demonstration of citizens' committee action. However, the large citizens' committees as instruments of political action were ephemeral. As a system, boss rule was disturbed but not greatly hampered by them. The need for continuing effort brought forth the establishment of permanent organizations. In I89I, the City Club was established. Its affiliates, the Good Government Clubs, were active in fifteen assembly districts in I893 and w o n the municipal election in 1894. The district organization

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served to get real voting strengtn behind the City Club's positive political program which Included ballot reform, separate municipal elections, honest primaries, and home rule. 15 In 1894, the National Municipal League was organized. Under its first secretary, Clinton Rogers Woodruff, and the New York City leader, Horace E. Deming, the League lent continued support to the reform forces in New York City. The second challenge to Tammany's rule came from law enforcement groups. In I892, Dr. Charles H. Parkhurst organized the Citizens' Vigilance Committee or League. The year previous he had become the president of a like group that had exieted since I878, the Society for the Prevention of Crime. The organizations sought the enforcement of all laws against vice, gambling, and the unauthorized sale of liquor. In the spring of 1897* the Citizens' Vigilance Committee and the City Club with its affiliated Good Government Clubs joined to organize the Citizens' Union. 18 There after the City Club became the educational center and the Citizens' Union the political center around which the good government forces of the city rallied.17 Lastly, in I905, R. Pulton Cutting, then president of the Citizens' Union, established a research agency known at the outset as the Bureau of City Betterment. In 1907, this agency was incorporated as the New York Bureau of Municipal Research, the first non-partisan organization maintaining a full-time staff of trained specialists.1β The New York City political machines also felt the force of the New York Civil Service Reform League, organized in 1877» and the New York Conference of Mayors, organized In I9IO. In I9I3, the New York Conference of Mayors brought the Citizens' Union's earlier demand for home rule to wider public attention and secured the I913 Home Rule Act. The employee associations actively opposed home rule. State legislation gave protection to salary schedules, to tenure rights, and to court review of dismissals. The possibility of relief through state legislation was a defense against Tammany neglect and tyranny. Whereas

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the Democratic machine might view home rule as merely closing off a convenient means of avoiding responsibility for rising city costs, the agitation for the merit system threatened a real source of revenue and political strength. Dormán Β. Eaton's book on the British civil service1® contributed to the great civic awakening of the l880's. The merit system was viewed as the reform of greatest importance, for governmental Inefficiency and moral rottenness of public officers was laid at the door of patronage. In 188?, the New York Civil Service Reform League under the leadership of George William Curtis and Everett P. Wheeler, with the assistance of the Brooklyn's Young Men's Republican and Democratic Clubs and the energy of Assemblyman Theodore Roosevelt, secured the passage of the New York State Civil Service Law. 20 The departments of police, health, fire and law were exempted from the act's coverage, for it was feared that too thorough an attempt at reform would endanger it.21 Immediately after the bill's passage, the League's attention was focused upon the patronage In the uniformed departments.22 In 1884, these departments were included in an amending act, the outgrowth of a report of an Investigating committee of the State Assembly into the local and county government of New York City. The law was made mandatory upon the mayors of all cities.23 A decade later, the Civil Service Amendment to the State Constitution was ratified. 24 Henceforth the politicians found and used simple and direct methods for circumventing the law. The tests used for selecting candidates were such that few who applied could not paes. In I892, the examination of police candidates was conducted by department officials and a single medical examiner whose judgment was final. Long eligible lists were drawn up, good for one year. Appointments from these long yet short-lived lists were made slowly.25 The appoint ing officers were free to choose any one on the list. Candidates with the lowest ratings were the most ready to pay assessments in order to secure appointment. Tammany could "get everything in sight."

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The Founding of the Patrolmen's Benevolent Association It can be argued that the existence of government employee Interest associations depends primarily upon civil service protections. In New York City the movement within the uniformed forces followed soon upon their inclusion within the Civil Service Law. The founding of the Patrolmen's Benevolent Association was registered in a certificate of Incorporation filöd March 30, 1894. 2 e Incorporation, never mandatory for voluntary corporations in New York State, followed after the Association had been functioning for several years. As noted at a later point In this study, the registration was made at a time when the Tammany machine was weakened. The reason for organizing Is recorded in the following account: I am now going to attempt to recite a brief and. truthful history of the police associations in the police department, their causes, and. the reasons for their extension since I became a member of the Police Department in I89I. In that year, and previously, occurred an epidemic of grip and the result proved to be particularly disastrous to the police force, many members of It contracted tuberculosis, fron which they eventually died. The Police Department then had Jurisdiction In Manhattan and the Bronx and the force consisted of about 3,500 members all told. Those of this comparatively small force who sickened'and died, It was found, did so under poverty stricken circumstances, and It therefore devolved on their comrades to pass the hat to raise funds and to keep their bodies from going to potter's field and to provide sene of the necessaries of life for their unusually young and large families. Many men in the different precincts throughout the city were of the opinion that such a condition was a disgrace to the members of tile force and determined to effect an organization that, upon the payment of a anali sum each month a member of the department might be Insured for an amount sufficient -to bury him In event of death. Thereupon the Patrolmen's Benevolent Association was organized.27

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The I894 Salary Increase The initiation of the movement in I89O la credited to one John W . McGloln. 2 8 The new organization had been preceded by an earlier association, the Mutual Aid Association, which became defunct during the 188Ο's because of high assessments. 2 9 The Patrolmen's Benevolent Association was distinguished from its predecessor a n d from the many endowment associations organized by members of the force however, by its early activity o n matters of employee interest. The salary schedule had remained unaltered since I866: three grades for patrolmen with a maximum salary of $1,200 and a minimum of $1,000. Advancement up the grades depended upon the recommendation of the Police Board, wielding a discretionary power of some potency that kept the m e n politically amenable. 3 0 In I892, the Patrolmen's Benevolent Association secured the services of the distinguished law firm with Tammany connections, Donohue Newcombe and Cardoza, to draft a wage increase bill. The Association's first president, Patrick McGinley, piloted the measure through two sessions of the legislature to final success in 1 8 9 4 . 3 1 The 1894 legislation established a schedule of five grades w i t h a n automatic advancement up through the grades and a salary schedule from $1,000 to a maximum of $1,400. The legislative success was reported to have been due to a slush fund of $87,500 raised through a n assessment of $15 upon each member. 32 However, the only action to reach the special civil service weekly press was the use of a petition "signed by over 20,000 taxpayers, representing over 6OO millions of dollars in assessed property" which was sent to the Governor to urge his approval of the measure. 3 3 Slush fund notwithstanding, the most important factor favoring the passage of the measure was no doubt Tammany's perilous political position at the- time. The Anti-Tammany movement under the leadership of Dr. Charles H. Parkhurst had gotten under way In 1892, and had reached the proportions of a real threat. In 1894, Parkhurst's effort secured the Lexow Investigation and forecast the Anti-Tammany strength

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3,4

In the coming municipal election. The vote of the police force and its friends was of first importance to the machine. Opposition to the Lexow Bills The police were faced with new problems following the victory of the Fusion ticket in 1894. The city charter had been amended to grant the Mayor the absolute power of removal of all appointed officers for a period of six months after the commencement of his term of office. A new Police Board was forthwith appointed, dominated by Theodore Roosevelt. New methods were used to break "the system," and real progress was made in establishing civil service practices.35 A member of the force, at a later time, commented that "prior to the incumbency of President Roosevelt as President of the Police Board of this city, Civil Service in the Police Department was practically nil." 36 A proposal for police department administrative change was Introduced In the Legislative Session of I895. The Lexow Bills gave the Police Board power to dismiss members of the force without trial and hearing. The Patrolmen's Benevolent Association actively opposed the measures. It sought the aid of Thomas C. Piatt, the state Republican party boss. Piatt's power had been strengthened both by the current weakness of the Tammany machine and by a constitutional gerrymander which gave the traditionally Republican rural areas upstate an advantage over New York City in the State Legislature.37 Now Mayor Strong's appointments to the Police Board and the reforms instituted were as Irritating to Boss Piatt as they were to the Tammany leaders. "Doctor Parkhurst and the Good Government sentiment beat Tammany in New York, and had a lot of votes to spare, but when they met the country at Albany, they were laid out as stiff as a mackerel without a ripple of unusual exertion on the part of their rustic opponents."38 The Patrolmen's Benevolent Association's effort was reported as follows :

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The Police Department vas then In a turmoil. There didn't seem to be a person able to combat the charges made. . . .The Patrolmen's Benevolent Association, hovever, knew that they vere cieco* of any of these charges. . . .Your humble servant, John W. MoGloin, knew himself that he was not guilty of any of the crimes that others ver« accused of. He appealed to the Honorable Thomas C. Piatt, then state leader, and an audience vas granted. I vas assured ve would be given a hearing before the Senate Conmlttee at the public hearing. That vas the first time In the history of the Police Department, that they vere allowed a hearing before the Senate Conmlttee. The Senate failed to pass the Lexov Bills and peace was again restored In the Police Department.38

Salary Schedule In the Charter of 1897

In 1894, the Consolidation Act was passed the second time and affirmed by referendum that fall.·*3 The Imminent inclusion of the many sôparate police departments, which the establishment of Greater New York would necessitate, provoked another problem. The salary schedules of the various cities, towns and villages to be incorporated were lower than the New York City schedule. The Association moved to establish the New York City schedule in the new Charter of 1897. McGloin met with partial suocessj thopgh the five-year service for advancement to first grade was retained, seven grades with a reduced minium salary of $800 and the $1,400 maximum salary were secured.41 The City Club's comment of a later date held true at this time: "The work of a policeman under existing conditions is sufficiently attractive to insure a constant demand for places upon the force upon the part of competent men.1,42 The $800 mininum did not alter the attractiveness of the service for the time being. A fifteen-year long effort for the restoration of the $1,000 minimum was Immediately begun. The aggressiveness of the Associations for salary Increases (for the firemen's minimum salary was ilso placed at $8θθ) can be seen from the following comment by William Dudley Poulke, an advocate of ci/il service reform: "in I9OI, the police, the firenen

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and the letter carriers, combined and defeated Sol Blumenthal, Chairman of the Cities Committee of the Assembly, and Senator Webster, Chairman of the Cities Committee of the Senate, who had refused to give consideration to a request for salary Increases for the firemen and police."43 Effort to Secure the Three-Platoon Schedule of Hours The salary demand was accompanied by a demand for shorter hours, a campaign waged over an eleven-year period. Prom I857 to I9OI, the police force served on a two-platoon system, that Is, the force was used In two shifts of approximately twelve hours each to cover the twenty-four-hour service. In 1900, the first notice of the men's demand for lessened hours appeared: a demand for a three-platoon system, namely, the force to be placed on three shifts or an eight-hour day for the men. 44 A leader of the Patrolmen's Benevolent Association commented, that'like all bodies when they learned they còuld be useful in one way, they wanted to become useful to themselves while living."45 The three-platoon schedule was established In August 1901 and lasted five months, patently a political expedient. At the time, the abuses prevailing during the administration of Mayor Robert A. Van Wyck and William S. Devery, his Chief of Police and later Police Commissioner (the Police Board was replaced by the siiigle executive head In the legislation of 1901), presaged a return of the good government forces.4® Thus, on the eve of the election, the men got the shorter work day. The Fusion Party, with Seth Low at the head of the ticket, returned to power in January I902. The two-platoon system was re-establlshed in the police department.47 In I903, the first serious effort to secure the three-platoon shift through state legislation was made. William Randolph Hearst, who launched his political career at that time, chartered a special train for a delegation of five hundred clergymen representing the various churches of the city and journeyed to Albany to urge the passage of the measure. "Patrolmen are emphatic In their praise of the New York American for its

FIREMEN'S AND PATROLMEN'S UNIONS support of the three-platoon bill, and the efforts of William Randolph Hearst to assist them In their cause.1148 In the mayoral campaign that fall the Democratic Party candidate, George B. McClellan, supported the three-platoon schedule. It was established when he took office. After McClellan's re-election two years later, the force was returned to the two-platoon system. The force had supported Hearst's candidacy In opposition to McClellan in the election, the men "talked rather loudly against McClellan and suffered for it later.1149 The police deflection from the Tammany ticket may have been due to the Mayor's support of Police Commissioner William McAdoo's proposed legislative program for the reorganization of the police department rather than to Hearst's popularity with the men. A reorganization of the Detective Bureau had been suggested by McAdo'o, along with a new trial system, which gave the Police Commissioner final decision and the power to subpoena In investigations of police delinquency and corruption.50 Local determination of the police schedule had resulted in five years of shuttling from one to the other schedule as political expediency dictated. Thereafter the Patrolmen's Benevolent Association concentrated upon getting state legislation establishing the three-platoon system. In this effort it was supported by the other police line associations and by the State Patrolmen's Association. In I906, after retiring from the force, McGloln served as lobbyist for the state association. The Patrolmen's Benevolent Association was affiliated with the state association. With the exception of the Legislative Session of I9IO, at which time it was expected that Mayor Gaynor would fulfill his campaign pledge to establish the three-platoon system, the eight-hour police bill appeared in each session.51 In its support it was claimed that the police were working under exhausting conditions. In precincts where the work was heavy and in the outlying districts, it was

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reported that the men were o f t e n on duty from e i g h t een to twenty hours a t a s t r e t c h . 5 2 On the other hand, P o l i c e Commissioner Bingham claimed that the men r e c e i v e d adequate opportunity f o r r e s t , that the s h o r t e s t o f f - d u t y period was one of twelve hours, while a t I n t e r v a l s of from three to four days a twentyf o u r hour l e a v e was g i v e n . 5 3 In 1908, a vigorous campaign secured the passage of the eight-hour b i l l through both houses, but Governor Hughes vetoed the measure as a v i o l a t i o n of home r u l e . The p o l i c e lobby In turn appeared b e f o r e the p a r t y conventions that summer, urging both p a r t i e s to place the eight-hour day schedule f o r p o l i c e men in t h e i r p l a t f o n n s . John M. McCullough, a former New York C i t y Chief of P o l i c e who had been r e t i r e d by Tammany in Ι898 to make room f o r Devery, headed the d e l e g a t i o n . McCullough s t a t e d , " i n these days of p o l i t i c a l uncertainty and on the eve of what promises to be the c l o s e s t gubernatorial c o n t e s t . . .no j u d i cious general can a f f o r d to r i s k the l o s s of supp o r t e r s . " 5 4 The Republican party leaders pledged t h e i r support. With the r e - e l e c t i o n of Governor Hughes, i t was assumed that his past objection to the b i l l as a v i o l a t i o n of home r u l e would be w i t h drawn. In 1909j however, the opposition from l o c a l administrations to the measure brought f o r t h another veto.55 During the Ι909 campaign f o r the b i l l , a r i f t between the o f f i c e r s and the men came to l i g h t . Just what occasioned the f r i c t i o n i s not c l e a r . One a c count s t a t e d that the o f f i c e r s had f a i l e d to support the three-platoon b i l l . 5 ® Another account, given by Martin C a h i l l , a leader in the Patrolmen's Benevolent A s s o c i a t i o n , s t a t e d that the captains in the p r e c i n c t s attempted to hold the men responsible i f persons r e c e i v i n g p r o t e c t i o n were a r r e s t e d when outside the prec i n c t . 5 7 Both accounts agree that "as a r e p r i s a l , the word was sent through the department to enforce the e x c i s e law to the l e t t e r ; 'smash the saloons and go along the l i n e . ' " The president of the patrolmen's A s s o c i a t i o n was quoted as saying,

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The word has "been sent out that members must do strict police duty and enforce the lavs. What the men are doing Is on their own responsibility. The action of the men Is due to the fact that they are Incensed at the unfair methods of their superior officers. The men have talked It over for two weeks and they know what they are doing.58 The Revolt of the Cops lasted all of one Sunday and made New York City a "sahara." But "before the following Sunday the patrolmen had made a peace with their superior officers or the officers had made a peace with them." W h e n the 19II eight-hour bill appeared the political setting in Albany and at City Hall had changed. Mayor Gaynor had failed to act upon his campaign p l e d g e . 5 8 During the consideration of the measure by the State Legislature, the administration raised but a single objection: Police Commissioner Rhinelander W a l d o threatened that its passage might mean the discontinuance of the Traffic Squad.® 0 With an exemption of the Traffic Squad® 1 and a special provision for a Reserve Duty system, the bill empowering first and second class cities to install the eight-hour day wae made law.® 8 Under the Reserve D u t y , every member of the force was required to sleep in the station house every third day and be available for emergency duty. Twenty-four years later, legislation was passed which dropped this d u t y . θ 3 Opposition to the Bingham Police Bill During the I907 effort to secure shorter hours, the entire force united to defeat a proposed police department reorganization. In Ι905» the civic associations renewed their interest in police matters. Three new agencies were established: A council of representatives from the various groups was organized to unite the work for municipal reform; for the purpose of improving vice conditions a Committee of Fourteen was established; and the New York Bureau of City'Betterment for the conduct of research was founded.® 4 The Bureau created a Citizens' Police Committee with Arthur Woods as secretary. Its report, released February k, I907, proposed that the

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Police Commissioner be granted power over the police Inspectors, that the Commissioner's term of office be lengthened, and that a plan for promotion based upon good police work be devised.® 5 The Page-Prentice Police bills, later known as the Bingham Police bills because Police Commissioner Theodore A. Bingham supported the measures, were based upon the Woods report and Introduced into the Legislative Session of I907. The first bill struck at the existing Independent and uncontrollable body of fifteen police Inspectors. The men In these top posts had practically permanent tenure for they were protected, as were all members of the force, by the provision for court review of removal cases after a departmental trial upon charges. The Inspectors were known to form the core of "the system." The I907 report again brought well known facts to public attention: Tim Sullivan is the real chief of police, "milking" his district is the Job of each inspector. . . .Our legislation has allowed the incumbency of an inspectorship to he considered as a vested personal right, and the courts have been successfully appealed to in case after case to compel the restoration of an inspector dismissed on charges. ββ

Commissioner Bingham estimated the graft and blackmail returns at one hundred million dollars a year, though In his opinion only about 15# of the force or about 1,500 to 2,000 men were Involved. 0 7 After the Lexow Investigation and upon the return of Tammany to power, William S. Devery devised a policy of limiting the graft to a small coterie of "insiders." As he put it, "All the matter with the police business was that It was mismanaged, too democratic, every cop In on it somehow. I'm a-goln' to fix that. Concentrate it."® 8 The Bingham Bill proposed to abolish the grade of Inspector and reduce the extant incumbents to captain's grade without change In present salary. The Commissioner was empowered to detail Inspectors from those In the captain's rank, the detail revokable at his pleasure.

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The second bill, later merged with the first Into a single piece of legislation, provided for the abolition of both the Central Office of the Bureau of Detectives and the permanent rank of detective sergeant. This appointive post carried a n additional salary of $600 over and above that of the patrolman. The detectives worked directly under the direction of the police captain. They formed a n important link In "the system." The bill also empowered the Commissioner to form detective squads from the patrolmen's rank, as was the practice, but the detail was revocable at the Commissioner's pleasure. A Detective Bureau was authorized to replace the old Central Office. Thereby the Commissioner would have been directly responsible for the conduct of the force and the channels through which "the system" operated would have been blocked. The metropolitan press and all citizen groups actively supported the measures but the police line associations united to defeat them. It was stated that the majority of the police Inspectors were Republicans, 6 8 and that the Republican members of the Legislature came to the aid of the police lobby. W i d e publicity was also given to the claim that the Inspectors had raised a slush fund of $70,000; the detectives one of $25,000; and the patrolmen one of $50,000. It was stated that after the I906 election, a special assessment of $20 was levied by the Patrolmen's Benevolent Association, ostensibly for a n Increased death benefit. Following close upon the charges, a n investigation into the affairs of the Association was made by Commissioner Bingham and District Attorney W i l l i a m Travers Jerome. The record of Martin Cahill, a past president, was explored. It was reported that fifty charges had been made against Cahill before he took office in the Association, whereas after he had become active in the Association, charges against him ceased and he passed from one easy detail to another. No records were found of the collections of the special assessment; no bank deposits were made or receipts given. But the money was

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uncovered: "$74,000 was In a private box In a safe deposit vault and $8,000 was wrapped in a dirty shirt in the home of the head of the A s s o c i a t i o n . " 7 0 Cahill claimed that "a clever trick had been pulled off by Bingham and the District Attorney, connived in by a n officer of the Patrolmen's Benevolent Association who was promoted for his part in the conspiracy." 7 1 No findings on the inspectors' or the detectives' funds were reported. The patrolmen's fund came to be known as the "Mortuary Fund" and the police lobby as "The Black Cavalry." The passage of the Bingham Police Act was largely the result of the publicity given to the police lobby and its f u n d s . 7 2 Revision of Departmental Rules Another outgrowth of the police lobby's a c tivity was a revision of the department's rules and regulations. All contact w i t h the press was prohibited.73 The "Green Book Gag" was established: "If any member of the Force is quoted in the newspapers thi3 shall be regarded as prima facie evidence of violation of the above r u l e . " 7 4 The levying of assessments and the collection of money were forbidden. 75 When Bingham attempted to enforce this rule, he came into open conflict w i t h the Police Lieutenants' Benevolent A s s o c i a t i o n . 7 8 In 1909, the Commissioner secured the passage of a charter amendment in support of the rule: "No person on the police force shall be permitted to contribute any moneys, directly or indirectly, to any political fund or become a member of any political club or association or any club or a s sociation intended to affect legislation for or on behalf of the police department or any member thereof, or to contribute any funds for such p u r p o s e . " 7 7 The enforcement of the amendment would have ruled out all employee interest associations. In July 1909, w h e n the Brooklyn bosses succeeded in removing Bingham from office, undoubtedly the police force a s s i s t e d . 7 8 Compalgn for Salary Increases In addition to the activities reviewed, the Patrolmen's Benevolent Association continued its

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effort for salary Increases involving the restoration of the $1,000 minimum and a new maximum of $1,600. After the failure in I9OI to secure a salary increase, it was stated that three-quarters of the force voted for Seth Low. 78 The salary demand did not appear during 1902-I906, but after I907 some effort was made every year. At times the patrolmen's and the firemen's salary bill was a joint one. In 1908, though the bill was supported by the Police Commissioners Michael C. Murphy and William McAdoo and passed both houses, it was vetoed by Mayor McClellan.80 In I909, a joint committee of the police line associations appeared before the Legislative Charter Committee petitioning for. salary increases and the restoration of the $1,000 minimum.81 At this time the Police Lieutenants received an increase.82 In the Legislative Sessions of I910 and I9II, salary bills were pushed.83 The drive took on new vigor in 1912 but was directed at City Hall. The cumulative effect of the static salary schedule, in the face of a 50 percent cost of living Increase during the eighteen-year long period, was dramatically brought to the attention of the Board of Aldermen and the administration. The Patrolmen's Benevolent Association secured and presented to the Board of Estimate fifty to sixty resolutions from taxpayer's associations supporting the salary demand. The Patrolmen's Wives Benevolent Association, the Chief, sind the Civil Service Chronicle (both special civil service newspapers), added to the pressure. The request, however, was burled in the Committee on Standardization of Salaries of the Board of Estimate.84 There it lay when in July 1912, a major police scandal broke - the Rosenthal Murder. In March 1913* the Bureau of Municipal Research released a study on patrolmen's homes and their economic difficulties as a part of its work for the Aldermanlc Committee on Police Investigation.85 Among other things, the study recommended the restoration of the $1,000 minimum. At the time the police Association was making another attempt to secure this

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ββ

through state legislation. On the eve of the municipal election when Tammany found itself hard pressed, the Board of Estimate granted the $1,000 minimum.® 7 The Neglected Working Conditions In summary, the gains over the twenty-five year period appear small. Furthermore, one is more impressed by what the Association did not protest. Working conditions throughout the period were shocking. Commissioner Bingham reported that "Out of the 85 police stations under my control 30 were long ago condemned by the Board of Health and the condition of these stations is uninhabitable and shocking to the last degree." β β The New York Committee on Welfare Work of the National Civic Federation, under the, chairmanship of Marcus M. Marks, reported that the men slept in overcrowded quarters, had to crawl over each other to reach beds, that the walls of the station houses were sunken, that the windows never thoroughly opened or closed, making the rooms freezing in winter and heated like ovens In summer. Some precincts were without station houses of any kind; the men were housed in stables and in the Central Park sheepfold. 8 ® The Burèau of Municipal Research study pointed to the excessive amount of extra duty demanded of the men, the inadequacy of the police surgeons' services, the injustice of the use of fines as punishments, the absence of the merit system, and the unsanitary station houses and beds. e o These conditions, the concomitant of boss rule, were never seriously challenged by the Association. The I907 and I913 studies of employee personnel problems stand as exceptions in the activity of the reformers. The Firemen's Mutual Benevolent Association From the Patrolmen's Association's activities, we turn to those of the firemen. The firemen had a unique problem in respect to working hours. From I865 to I92O, the fire force was on twenty-four hour duty. Except for off-duty hours allowed for meals and for longer leaves, the firemen lived at the fire houses. This custom was established as early às I857

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during the time that the force was a volunteer one.91 The continuous duty schedule entailed the granting of twenty-four hour leaves several times a month, the scheduling for special details, and the assigning of of the men to fire stations near their homes.82 The sacrifice to home life and the isolation of the men from community activities focused the firemen's attention upon a single demand - a division of the force into two platoons. Under this system the city would have a twenty-four hour fire protection and. the men would have a more normal life. In the actual practices of the department under the continuous schedule were described as follows: Men ore trotting In and out of companies, going to and returning frcm meals, leaves, and detalle. . . .absence rather than presence le the rule, . . .Some of them do only 6 hours duty a day, if they do that. After years of disorder in the Department, it has become second nature with Officers and Firemen not to worry about what the other fellow is doing.93

The Fire Department remained the unchallenged domain of the Tammany district leaders. From 1883, when Boss John Kelly appointed Richard Croker to the Fire Board, to 1902, when Fire Commissioner Thomas Sturgls attempted to dismiss Chief Edward F. Croker, the civic good government groups had failed to disturb the affairs of the department.04 In I895, even Mayor Strong's Fire Board was not a reform one. It "was composed of men of the spoils persuasion;" however, the Civil Service Board's vigilance prevented its "getting the men they wanted." From I902 to Mitchel's administration, the only Investigation of the department was that of I908 made by the Board of Fire Underwriters and the Merchants Association. Prominent politicians and usually district leaders were appointed to the commissionship. Effort to Secure the Two-Platoon Schedule of Hours Yet collective effort to bring about the twoplatoon system called for organization. In I920 Chief Kenlon, commenting upon the I888 attempt to organize,

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said, "It started thirty-two years ago in a hall at 17th Street and Eighth Avenue. Nothing was accomplished as the Board of Fire Commissioners heard about it and forbade the movement."ββ In I893 the Firemen's Mutual Benevolent Association filed a certificate of incorporation.97 "With the exception of about six men who wore blue shirts, the association had on its roster the entire personnel of the firemen.1,98 Even with superior officer membership, the Association met with strong administration opposition; it functioned furtively and came to be known as "The Pinkies" due to the secretive notices on small slips of pink paper that were slipped to the members. Throughout its existence as an employee interest association the Firemen's Mutual Benevolent Association's activity was limited and on the whole ineffectual. However, the firemen enjoyed the constant interest of Joseph J. O'Reilly, editor and owner of The Chief. In 1895, after the patrolmen had won the salary increase and Tammany was out of power, one of Boss Piatt's lieutenants made an offer to secure a like increase for the firemen. O'Reilly later reported that he was assigned as intermediary, and that the Association "got behind the movement and squarely over the plate went the increase."ββ No further evidence of activity appeared until I900 when a fireman's two-platoon bill made headway in the state legislature. Chief Croker appeared before the legislative committee to oppose the measure, and stated that the schedule "would tend to demoralize the department."100 Throughout the twenty-year effort, this was the objection raised by Chief Croker and Kenlon, but the fact that the estimated cost of the installation stood at one million dollars was probably the more determining factor. Six months later, Chief Croker dismissed Captain James D. Clifford, president of the Firemen's Mutual Benevolent Association. The reason for the dismissal "had to do with the manner in which he was supposed to have handled a certain steamship fire, but be that as it may. there is no dispute over the

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fact that Captain Clifford had Incurred the enmity of Chief Edward F. Croker, and to this day the friends and supporters of Clifford will state that he was the victim of Chief Croker'β desire to put Clifford out of the Fire Department.11101 Clifford's dismissal Intensified the anomalous position of the Association. He retained the presidency throughout the succeeding two decades. At the outset, the Association paid Clifford the salary of a fire captain, and later Increased le co a battalion chief'à. Clifford served as the Association's sole legislative agent. The Association had several disadvantages: a membership which lacked unity, opposition from headquarters, and leadership by añ outside person. Still, to 1917 it remained the only organization through which firemen's needs could be served.102 The fire officers had other and separate assoclatlons. Two attempts were made to secure the twoplatoon schedule during the Low Administration. In 1903, an unsuccessful mandamus proceeding was Instituted to establish that the firemen were covered by the State Eight-Hour Law. 103 In the Legislative Session of I903, the firemen's two-platoon bill was passed by both houses but vetoed by Mayor Low. 10 * Considerable pressure had been brought upon the Mayor. In addition to Bishop Henry C. Potter's support of the measure, "the passing of the platoon bill was followed by the passage of the resolution of the Aldermen for more time, the appearance of five hundred firemen at headquarters, and the scene In the Mayor's office Thursday."105 Action of such strength was never exerted against a Tammany administration. Mayor Low Increased the force to allow for a schedule of one day off in five and four twelve hour leaves a month.10" The prior schedule had allowed for twenty-four hour leaves three times a month, with three additional leaves of ten hours each a month "if possible."107 Fire Commissioner Sturgis considered the new schedule good eleotlon strategy: ''This extra time will be worth several hundred votes to our cause."10®

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In 1904, The Chief continued to press for a trial of the schedule In a division of the department. After the failure of the 1 9 0 4 bill in the State L e g i s lature, Mayor McClellan was urged to put the trial of the two-platoon schedule into effect. The agitation was strong as evidenced b y the fact that Fire Commissioner Nicholas J. Hayes, a prominent politician, designated the Third Battalion for the trial and ordered that the schedule be begun December 5» 1904. The w a y in which the experiment was carried out is characteristic of the department. Pire Chief Croker transferred the "bad boys" from all companies to the battalion. The station house beds were stripped and the m e n on the night shift were kept busy cleaning and scrubbing. Deputy Chief Thomas Larkln, a vigorous disciplinarian, was put in command. Crocker's report on the trial stated In part, The continuance of the two-platoon system would result In the demoralization of the department, te of absolutely no benefit to the members themselves, Increase the cost of the force by at least 35 to 50$, without giving the citizens of the city any adequate return . . . .Serious dissensions among the men occurred, at fires they do not work with the vim and energy formerly displayed. . . .Companies did not possess sufficient number of men at fires. 109 Those Involved in the experiment were given the opportunity to vote as to preference, w i t h the very obvious result that the old schedule was p r e f e r r e d . 1 1 0 Chief Croker's purpose was achieved; to give "the experiment knockout d r o p s . " 1 1 1 Neither Clifford nor the men ever again endorsed a "trial." In the spring of I908, the Merchant's Association's report made public the shocking administration of the department; it also recommended longer hours and trials for alleged breaches of d i s c i p l i n e . 1 1 2 Before the Board of Estimate, however, Clifford countered by attacking the proposals and asking for two platoons and additional m e n . 1 1 3 In I909, a bill to amend the charter providing for an eight-hour day for firemen

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(which would have given a three platoon schedule) was introduced, and briefs on firemen's hours were presented at the hearings for charter revision. 114 In I9II, when the patrolmen won their three-platoon measure, the firemen's two-platoon bill was again defeated. 115 Conditions within the Pire Department were once more brought to public attention in December I9II as the result of the Equitable Pire. Public sympathy for the men was high, pleas for the two-platoons and salary increases appeared in the press, and a Firemen's Memorial Committee was organized. "The men who fought the Equitable Fire for nineteen successive hours in the bitterest cold of the year, were men fighting on empty stomachs, men who had gone without sleep for nearly a week." lle In I912, two demands were pushed. The Chief concentrated upon the salary increase, and the Civil Service Chronicle, supporting Clifford, organized the Firemen's Wives Benevolent Association to secure the two-platoon system. 117 The campaign behind the two-platoon bill at Albany was a strenuous one. Chief Kenlon openly attacked the Firemen's Mutual Benevolent Association and ordered deputy chiefs to "report the names of all officers and members in your division who are circulating any petitions for signatures to be" presented to the Legislature in favor of the Two-Platoon Bill." 118 Whereas public sympathy for the firemen had made I912 a favorable time, 1913 was an election year with Tammany under attack. The measure passed both houses. The administration's ire against the Firemen's Mutual rose to a new high. Fire Commissioner Joseph Johnson chartered a special car at the City's expense and, accompanied by Chief Kenlon and eleven deputy chiefs, journeyed to Albany to obtain a veto on the measure. 119 The bill had the support of the organized municipal employees. 120 After the measure's veto, (The Chief commented ttyat this followed fifteen years of warfare) 121 an ordinance providing for the schedule was introduced in the Board of Aldertnan where the Fusion party members held the'majority.122 In the interim, Commissioner Johnson, who charged that

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Clifford had sneaked the bill through the legislature, asked District Attorney Charles S. Whitman to conduct a Grand Jury investigation into the financial status and conduct of business of the Firemen's Mutual. His stated concern was for the younger men. "A vast majority of the membership are younger men, but the management appears to be a sort of star-chamber in the hands of a few retired men:" 123 Then, before the investigation got under way, in June 1913, Chief Kenlon ordered: "No Firemen appointed after this hour and date will be permitted to be a member of the Firemen's Mutual Benevolent Association, the head of which is not a member of the Uniformed Force, having been dismissed from the department for acts subversive to its discipline."124 From June I9I3 to April I917 the firemen were without a recognized association. Effort to Secure a Salary Increase The salary issue intruded upon the struggle for the two-platoon. The consolidation of Greater New York called for a reconsideration of the firemen's salaries as was true also of patrolmen. No record of associatlonal activity has been found, but the firemen fared no worse than did the patrolmen. In the final charter provision, four grades replaced the old three-grade schedule, and the minimum salary was lowered to $800 but the maximum salary of $1,400 remained. 125 In both fire and police forces, the heavy cost of uniforms and equipment fell upon the new recruits, which in turn made a raise in the minimum salary important. In I908, Mayor McClellan vetoed the $1000 salary bill which covered both departments.120 In 1905, 1907, and in I908, Chief Croker supported the salary demand, and in I908, Fire Commissioner Hayes and Clifford urged the Board of Estimate to restore the $1,000 minimum. 127 As noted before, the Merchants Association opposed the salary restoration and claimed that the department was grossly overmanned and that absences were excessive. 128 The Fire Inquiry discredited both the men and the management. Clifford

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did not deny the rumors of assessments paid for promotions, transfers used for punishment and for reward, officers personally Interested In the moneylending establishments which were used by the men, the purchase of uniforms at designated places, and the many other abuses usually found In unchecked political control. He "virtually acknowledged that many of the rumors were well founded and stated positively that through his Influence information could be furnished which would 'shock the community. 1111 a s In I9IO, O'Reilly was instrumental in getting a new channel for the salary demand. A Salary Committee of the Fire Department was organized. It drew up a detailed statement of facts, the expenses borne by the men, and comparative tables on salaries, "its hustling chairman and the Committee have appealed directly to the citizens and particularly to taxpayers." 130 The Committee won the support of the Civil Service Reform Association, both Fire and Police Commissioners, Chief Croker, the Board of Aldermen, and the allied real estate interests.131 Ïnl911, the $1,000 minimum was provided for in the budget of 1912. The demand for $1,600 maximum failed. 132 Before turning to the internal management of the associations, the patrolmen's and firemen's assoclatlonal experiences merit a general comment. Though the patrolmen followed and collaborated with the officer line organizations, they had established a separate association. The only issues upon which the officers and men can usually meet without a clash of special interests are those of pensions and hours. But the firemen witnessed a division on hours, due in part to the allegiance of the superior officers to the administration and in part to an honest difference of opinion on the relative advantage of the two-platoon system. The dependence of both groups on the special civil service press will be discussed In the next chapter. The practice of turning to Wives' Benevolent Associations ("many.problems are best solved by a woman's wit") as auxiliary pressure groups had become'established. Conspicuous was the fact that

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the Firemen's Committee achieved the salary restoration. Despite the associatlonal disadvantages of the firemen, they fared about as well as did the patrolmen. Organizational Pattern and Internal Affairs of the Patrolmen's Benevolent Association Prom the- record of the Patrolmens' Benevolent Association, a vague outline of the Internal structure and management emerges. The officers together with a delegate assembly formed the policy-determining body of the Association. The manner of choosing delegates is not indicated. The chief officers were elected yearly, for a time by direct vote of the members, but after I909 by vote of the delegates.133 In addition to the president and vice-president, a board of directors and an executive committee functioned. Seven different men held the presidency during the twenty-five years; the longest service of any one individual was for five terms. 134 Active membership from the very outset was limited to men having the rank of patrolmen. Promoted men, those retired, or those who left the department for one reason or another, could maintain their death benefit claims by continuing the payment of their dues, twenty-five cents a month to I909 and then for a time $1.00. The death benefit was $150, raised in I909 to $750. 135 At best, ninety-seven percent of those eligible were members.13® On account of charter prohibitions, the Association needed an outsider for legislative lobbying. Over what period William E. Murphy, a former police aergeant, served as counsel is not known. In I9II, he was conspicuously active on the three-platoon bill. The following demands and grievances of the men appear as Murphy's statement: 1. Give the men a rate of pay conmensúrate with the present cost of living. 2. Give the new men in the department $1,000 a year to begin, Instead of the present $800. 3. Give the man retired for physical disability a decent pension. Take away from the Commissioner, a person of passing power, the right to fix the sum that ie niggardly in the extreme,

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simply to show an Improved took-keepers balance. Strike from the tentative charter the clause making pensions permissive and at the whims of the Board. l·. Stop making the Police Department the plaything of every civilian who lands in the job of Commissioner or Deputy Commissioner. Have some well defined policies so that the uniformed force will not be continually in the dark or have to trim its sails to every passing breeze. 5. See to it that a policeman's w o r d is given some weight in the trial room. Stop the practice of forcing a m a n to prove himself innocent. 6. Don't expect a policeman to have the wisdom and knowledge of a Supreme Court Justice. Strike from the Book of Rules one-half of the regulations therein involved, notably the one relative to what will happen to the m a n who is "Quoted" in the 137 newspapers.

In the spring of 1912, Murphy successfully lobbied for the doorman's legislation. The doormen performed the janitorial work around the police station houses. W h e n the rank was eliminated and the incumbents advanced to the patrolmen's rank, the membership of the Patrolmen's Association increased by one hundred and e i g h t . 1 3 8 Comptroller Pendergast protested against the Association's part in achieving this legislation for the d o o r m e n , 1 3 9 while Commissioner of Accounts Raymond Fosdick alleged "specific Instances of payments by members of the Doormen's Association to William E. Murphy, l a w y e r , " 1 4 0 That summer, after a police scandal, the Association discontinued Murphy's services on the ground that "present conditions In the department do not warrant the employment of counsel. Mr. Waldo's administration has been so much on the l e v e l . " 1 4 1 Prom 1906 to I914, the Association was affiliated with the State Patrolmen's Association, which employed John W. Griffin and John McGloln as salaried officers. After the passage of the three-platoon measure, a rift between the New York City men and Griffin occurred. It was made known in the Association's I9II convention In Albany. Griffin proposed

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a resolution of censure against the Democratic Party and against Boss Charles F. Murphy in particular; asking that a copy of his resolution be sent to every patrolman in the State and that the convention endorse the Republican Party ticket in the coming elections. Not until the New York City delegation threatened to leave the convention was the resolution dropped. Subsequently Griffin had the text privately printed and widely c i r c u l a t e d . 1 4 2 McGloin opposed Griffin and carried his fight into the February 1J, I912 meeting of the Patrolmen's Benevolent Association's delegates. McGloin also charged that the officers of the Association had made unauthorized payments to the state association. This brought the officers of the Patrolmen's Benevolent Association to the support of Griffin although they had opposed his anti-Murphy resolution. However, McGloin had the support of a small group of delegates, functioning in a specially established General Committee. The committee could not be discharged by ordinary vote of the meeting because it was authorized by by-law. The officers tried to do so however, whereupon the McGloin faction led by William McCracken and Joseph P. Moran secured a court injunction to thwart the m o v e . 1 4 3 The majority in the delegate assembly supported the officers and countered w i t h a strong attack upon McGloin. His life membership in the Patrolmen's Benevolent Association was cancelled and his leadership condemned: "All we ever obtained through the efforts of Mr. McGloin was the cutting of the entrance salary from $1,000, the establishment of seven grades, the raising of the retirement provisions to 25 years and 55 years of age, and the kicking to pieces of the pension sections of the Charter. 1 , 1 4 4 The dissident faction which supported McGloin appeared in the Association's spring election, demanding "an accounting and house cleaning; a n election of competent men and advisors. Insist that the referendum vote (direct vote of the membership for the officers of the Association) is given back to

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you, that was taken, away three years ago ; that a monthly statement be issued giving an item account of the receipts and disbursements by the officers."145 McGloin claimed that the death benefit fund and sums collected for the contingent fund during the past three years were dissipated.146 John P. Ruddy, the candidate for re-election, defeated the opposition candidate by a vote of eighty-two to forty. 147 The power of the entrenched officers over the delegates was such that the strength shown by the dissident faction in this election reveals a real internal cleavage. At this difficult moment the Association was attacked by the reform citizen groups. Throughout the investigation of the Police Department which followed the Rosenthal Murder, the discreditable action of Police Commissioner Waldo and the implicated police officers brought the police force to public attention.14® During 1913* the attack upon the Association came from several directions. The Citizen's Union charged that membership in the Association was a violation of the City's charter. It asked also that the three-platoon system be repealed. 149 The Bureau of Municipal Research released a study on patrolmen's budgets, which gave evidence that the membership was not behind the police associations. Aside from the Patrolmen's Benevolent Association, the one association which was pressing for union demands, many small endowment associations offering insurance protections abounded in the department. The Bureau's study stated : The police benefit societies were criticized by many patrolmen because of the secrecy maintained as to the finances of these organizations. Many of the policemen knew little or nothing of the actual benefits to be derived from the organizations to which they belonged. The general complaint against them was in the matter of extra assessments which they frequently were called upon to pay, concerning which, according to them, little or no explanation can be h a d . 1 5 0

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The small endowment associations were less likely to have called for special assessments, and less likely to have as wide a membership as was true of the Patrolmen's Benevolent Association. The Bureau's findings weakened the Association's position. The passage of the Home Rule legislation In 1913 came as another blow. The men saw In It a threat to their only protection against the local self-seeking spoilsmen. 1 S i And lastly, they viewed with alarm the forthcoming report of Raymond Fosdlck's study of polloe systems a b r o a d . 1 5 2 It presaged a reformer's suggestion for police department reorganization. After the I913 election of officers, whether due to the McOloln attack or to the tensions In the department, a new force In the Association's leadership showed itself. The new president, Harry J. Young, launched a membership drive. "When you join the Association don't ask 'What is the amount of the death benefit?', inasmuch as it is as nothing when compared with the material advantages that have been gained by thie association, and more can be gained." 153 The promise for a change in the undemocratic structure of the Association was held out to the new members: "There will be some sort of scheme proposed soon,'making a uniform scale of delegates according to the number of members In each precinct. 1,154 it was frankly stated that "some people are shy of giving us their support because they have suspicion in their minds that we use underground methods to secure results. It is up to us to prove to the public that there is no such thing as a 'system' in the department." 1 5 5 The published legislative program Included salary increases, protection of the pension fund from home rule invasion, amendments to the police code, two weeks' vacation, and standardization of uniforms and equipment. 15 ® The officers of the Association also canvassed the mayoralty candidates on such items as salary increases, right to court review, the pension system, and mutual transfers. 1 5 7 At the time of the I913 municipal election the president held that "The organization must keep absolutely clear of Politics. 1,158

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Organizational Pattern and Internal Affairs of the Firemen's Mutual Benevolent Association The facts on Internal affairs and the structural organization of the Firemen's Mutual Benevolent Association were made public in 1913 during the administration's attack upon the Association. The president of the Association was the central figure. The constitution provided that he he elected by membership vote and by written ballot, but few attended the June meeting at which the election took place, and it seems to have been carried forward In a most informal manner by the few who attended. Clifford was re-elected year after year. All dues-paying members, retired or otherwise, had the vote and were qualified for office. In November I900, when Clifford was dismissed, the Association contracted to pay him a life salary.159 A board of directors, four members elected for overlapping terms, was vested with considerable power over the finances of the Association. The membership was large; In 1913 It was reported to be 3,300; dues were $1.00 a month, and the disbursements of the $650 death benefit had been Infrequent.1®0 Clifford became a lawyer and served as the sole lobbyist and representative of the Association. There can be no doubt that a star chamber of retired men managed the Association's affairs,1®1 and that Clifford depended upon secret and underground methods. This condition drew a comment from The Chief: "The Chief believes that an organization so powerful financially and numerically should be a power morally." 1 ® 2 One is, however, impressed by the deep loyalty of the men toward Clifford and toward the Association. During the Investigations, I913-I915, the only reported adverse testimony given by a fireman was that of the chairman of the Salary Committee of the Fire Department. He charged that the chief officers and directors were all retired men, that these few controlled all the books and assets, and that over a period of fifteen years collections totalling $450,000 had been received. On his estimate a balance of $243,000 should be available, whereas only $80,000

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183

existed. At no time was there a membership movement to bring Clifford to account. The official ban against new members did not lead to an exodus of the old members. In I917» when the first opposition tickBt appeared, Clifford was re-elected president of the Association.184 The twenty-five year period that ended in 1915 had accomplished little. In addition the associations entered the Mltchel administration under most adverse conditions. The Patrolmen's Benevolent Association was discredited, the Firemen's Mutual Benevolent Association was under an administrative ban, and the Firemen's Salary Committee was not suited to become the embryo of a new and much needed rank-and-file firemen's association. Community conditions were reflected in the programs and practices of the organized men. Of the three organized groupings - the political machine, the civic reform associations, and the uniformed men's associations the, organized men were the weakest. Like great magnetic areas, each group drew to itself a membership that had an internal solidarity and externally a strong prejudice and suspicion toward the other two. As a defense against the neglect of working conditions and autocratie management, the men turned to Albany where the Republican machine at times became a sponsor for their claims and a worthy opponent to Tammany Democracy. However, Tammany could trade favors with the Republican party bosses and keep Its faithful In line with patronage or otherwise. The civic groups' programs thwarted both the men and the machine, but were the greater menace to the machine. On the other hand, the organized employees were more of a potential menace to the machine than were the civic groups. Their strength had to be broken if the business of politics was to run in its accustomed channels. The bosses had always relied upon a single device for keeping the forces under control; namely, by granting attractive salaries and lucrative opportunities to machine favorites in the officer ranks. Internal.promotion brought the "right" men into the

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leadership. It can be argued that the one thing the machine would never find advantageous to its Interests was O'Reilly's suggestion: "There is only one way to remedy whatever evil there may be in police organizations and that Is for the Commissioner to recognize them and to encourage them in any efforts which may be for the Interests of the department." 1 * 5 Neither did this pattern take form during the Mltchel administration.

Chapter III THE ASSOCIATIONS DÜRING A REFORM ADMINISTRATION I914-I9I8 FOR THE MUNICIPAL EMPLOYEES, the Mltchel administration presaged standardization of salaries and reorganization of the Police Department. Standardization vas a threat to the higher salaried and politically favored white collar employees. As a unit, the police force opposed departmental reorganization plans in general and those of reformers in particular. The firemen also had reason for concern. Their lobbying record for the two-platoon measure, condemned by good government groups as a violation of home rule and sound municipal administration,, had been a long and steady grind. Now, lacking a recognized association, the firemen had little to hope for and much to fear as the good government forces came to power. The defeated Democratic machine viewed the organized employees in a new light. Its Immediate interest - to thwart the Fusion program - and its longer range program - to defeat the reformers at the next election - could be well served by strong employee associations. If closely knit as political adjuncts, the organized employees would serve as an Internal obstruction to Mltchel's reforms and as a future Democratic party voting strength. On the other hand, the bosses also faced employee opposition if the associations were not captured and securely held. Collective civil employee strength would endanger their autocratic personnel practices. So In 1914, the stage was set for a confused flow of many cross currents. The Democratic political machine aided a poiice-pollticIan's career and the consolidation of boss power over the organized employees. The policepolitician, Lt. Richard E. Enright, and the civil service boss, Frank J. Priai, co-ordinated the various civil service employee associations in an over-all 77

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central body, the Civil Service Forum. To the political machine's advantage, the Mitchel administration failed to work with the representatives of the uniformed men's associations. Joseph J. O'Reilly Within the setting of the uniformed men's associations there existed an independent and uncontrollable factor. For over two decades Joseph J. O'Reilly, the ownar and editor of The Chief, had been in constant touch with the firemen and patrolmen. He had won their confidence. The paper was the origin of his influence and the means whereby he extended it. As editor, he pursued in a general way the pronounced policy of giving "the news as it is, without equivocation, evasion, or padding."1 Though The Chief covered all civil service news, special place was given to the concerns of the firemen and patrolmen. But O'Reilly was more than a publisher and an adviser of the men. He believed in employee organizations and in collective employee action. He became an effective organizer of public employees and a skilled lobbyist. He remained always a realistic navigator through the turbulent waters of the City's politics. In his opinion On all public questione affecting the welfare of the city, c-lvll employees ought to be among the first to fight for Ite Interests, for an honest progressive Impartial administration of municipal government. It Is a duty they owe themselves, and equally so to their employers - their fellow-shareholderβ ρ In the great corporation of the city.

He saw "the shameful spectacle of a handful of politicians directing public affairs to enrich themselves," while on the other hand he had little patience for "the policy of outward order and decency" which satisfied many of the "good citizens."3 I have repeatedly stated, publicly and privately, that the situation of our police problem lies with the people themselves. The Atmosphere of our social, business and public life Is

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charged vith hypocrisy and double deeding, and In this atmosphere live and vork 11,000 policemen. The present century has brought with Its material progress a thousand and one ways of deceit and wrong doing by which one Individual may profit at the expense of another . The people through duly constituted agencies place laws upon the statute books and then elect other agents who pledge themselves to a liberal or strict Interpretation of the laws as the political conditions demand.'4

Over a forty-year period, O'Reilly remained a sagacious force In municipal employee affairs. He supported the merit system; he worked for the reduction of the discretionary power of appointing officers; he insisted that reform in work conditions could come only through the efforts of the employees themselves. "It is a remarkable Influence this man wields In the civil service."5 While he worked for strong employee associations, he also played the game with Tammany when to the advantage of the employees. O'Reilly pointed with pride to the fact that he sought the ear of the commissioners and "into that ear I have told the story of injustice done Firemen and Patrolmen." He gave aid to Fire Chief Croker at the time Mayor Low attempted to dislodge him, aid strong enough to occasion Fire Commissioner Sturgls' order that he get out' of Headquarters, "his desk and chair going with him."e He constantly held, however, that the employee associations should be free from political control and that they stay out of politics. He fought to keep the firemen and patrolmen united. "The cops and the firemen had not, been over-friendly and oft-times were found working In opposite directions."7 Throughout his contact with the associations, he meticulously subordinated himself to their leadership. His allegiance to the firemen came first; if to their advantage he would work with groups and individuals with whom he most sharply disagreed. The Founding of the New York Civil Service Soclety As the good government forces strengthened, O'Reilly and the uniformed men became more closely allied with the other municipal employees. During

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the closing months of 1908, the municipal employees of the other city departments organized: "One of the accidental results of a movement which slovly started all over the city and finally culminated in the formation of the Bureau of Municipal Research." 8 The good government movement had been joined by taxpayers leagues in the drive for efficient administration. The taxpayers leagues gave publicity to the claim that the service was crowded with unnecessary employees, and characterized the municipal employees as slothful, eareless, and indifferent to the rights of the citizens.® The employees leanned, during factional struggles within the Democratic party, that rewards gained via the route of regularity and subservience to those In power held certain insecurities. The Bureau of Municipal Research's study of the Borough President's administration of the streets of Manhattan brought Governor Hughes' removal of Borough President Afaeara from office. 1 0 "The hue and cry went up that the city government was unspeakably bad; that is officials were woefully inefficient, if not worse; that its payrolls were padded and therefore all hands, high and low, must be turned out neck and crop. M i l The hue and cry against favoritism in civil service made those who were well off apprehensive of their jobs "for civil employees (other than fire and police) in this city have not even the protection of a trial board. Their superior if so inclined, may be at once the accuser, the Judge, and the executioner. 1,12 The employees most vulnerable to discharge and salary reduction organized the New York City Civil Service Association, later incorporated as the New York Civil Service Society. The.expressed purposes of the organization were to secure a direct communication with taxpayers, the appointment of one civil employee to the state and to the municipal civil service boards, and to secure the right of a public hearing in dismissal cases. 1 3 The units of organization were the Primary Councils. These were organized within the various bureaus in the city

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departments. The Primary Councils were federated In a delegate body, the City Council; the election of officers, finances, and all policy determination were centralized therein. The association grew rapidly; in October I909, a membership of 4,000 was reported.14 Frank J. Priai It did not take an election defeat to call the attention of the Democratic political machine to the potential strength of such a body. In I9IO, after a stiff fight and by a narrow margin, a political henchman captured the presidency of the City Council.ls At the time of Frank J. Priai's election, he held a $5,000 job in the Finance Department of the city. He had entered the department In I903 and the following year advanced to this favored position.1® In I908, the New York Civil Service Reform Association made known the abuses, misrepresentations, and political influence which prevailed In the Finance Department during Comptroller Metz' administration.17 Priai was one of Metz' men. Following Priai's election to the presidency of the New York Civil Service Society, he was elected to the νice-presidency and In 1917 to the presidency of the state employees' association, the Civil Service Association of the State of New York. 18 Until 1958, Priai held a position in the councils of the Democratic party, an influential leadership In state employee circles, and exercized control over the organized New York City employees - the firemen and patrolmen exaepted for most of the period. By 1912, the New York Civil Service Society had moved directly into the orbit of the Democratic political machine. O'Reilly sensed the danger and voiced his opinion when "the City Council voted for the appointment of a select number of private citizens to act as an advisory board on matters affecting the welfare of the Society" with Priai emçoveredi to appoint the committee. He viewed the action as a "grave responsibility."19 In thè crucial I913 election, O'Reilly's influence defeated Prial's resolution that the Society endorse the Democratic ticket.20 However,

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Priai audaciously entered the campaign against Mltchel, and In O'Reilly's opinion gave a striking illustration of what a leader ought not to do and not to say. If the thousands of dollars spent by the Society had been used for public meetings and the awakening of public opinion to a knowledge of the defects in the merit system, Instead of currying political favor the Society would have accomplished some tangible good ere this. . . . he lacks the primary qualities of leadership, Judgment, and tact. 21

Priai's retaliation Included the exclusion of The Chief's reporter from the January 1914 meeting of Its central body because of "its hostile attitude.·" 22 After the election, Comptroller William A. Prendergast demoted Priai to a position at half his salary. Priai's political importance may be judged by the fact that State Labor CQmmlssioner Lynch then appointed him to a deputy commlsslonershlp at his previous salary. "it vas understood he was to be rewarded and that he could go as far as he liked In his denunciation of the candidates for the offices on the Fusion platform and that he would be taken care of. 1 , 2 3 What Is more Important, Priai retained his office In N.Y.C.S.S. In violation of the Society's constitution which limited membership to those In the competitive c l a s s . 2 4 Program of Salary Standardization The progress made on salary standardization must be noted In order to understand Priai's next inspiration, the founding In October 1914 of the Civil Service Forum to which the Patrolmen's Benevolent Association and later a newly organized firemen's Association became affiliated. Comptroller Prendergast had taken the first step toward standardization when In January I9IO his resolution authorizing a fact-finding Inquiry Into the differences In salaries paid by the city parsed the Board of Estimate and Apportionment. No progress was made during the Gaynor Administration, though the Budget of I914 contained a small appropriation of $12,000 for the fact-finding Inquiry. When the reformers took power

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In 1914, they moved w i t h dispatch. The Mitchel A d ministration created the Bureau of Standards as a permanent staff agency to the Board of Estimate and Apportionment, and the Bureau of Municipal Research assigned Robert Moses to collaborate in the studies undertaken by the Bureau of Standards. Reports were issued in 1914, I915 and August 1 9 1 6 . 2 5 The departments of the city'3 government, in both the mayor's and the borough presidents' offices, were found to be overcrowded w i t h unnecessary employees, some glaringly overpaid and others desperately underpaid. Personal and political favoritism pervaded the whole service, supported by haphazard methods of appointment and advancement. 2 β In the preparation of the 1915 budget, Maypr Mitchel urged the department heads to cut the relatively overpaid employees in order to secure increases for the deserving but underpaid workers. The organized employees, however, were in no mood to co-operate: Ever since the Bureau of Standards vas organized the employees In the municipal service have felt that Its function In this world was to show results, which results meant 111 for them. . . .Competitive employees having past experience uppermost In their thoughts know that In nine cases out of ten, efficiency engineers show their resulte by cutting salaries, Μ 27 abolishing positions and speeding up the remaining employees.

The Founding of the Civil Service Forum In the face of the deep-seated suspicion of the purposes of the administration, a.dissident group in the Society which had disapproved of Priai's 1Q13 political activity and his continuance in the presidency, 28 closed ranks with the Priai supporters. Even O'Reilly's criticism of Priai and Priai's grievance against O'Reilly were submerged. During the fall of 1914, an alliance of all public employee associations came about when O'Reilly, Priai, and Police Lieutenant Richard E. Enright joined forces and formed the Civil Service Forum for the announced purpose "to stand united against all enemies of civil service and to preach the doctrines of a square deal for

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employees everywhere."28 Within a year, twelve different employee associations affiliated, including the Patrolmen's Benevolent Association but with the Firemen's Mutual Benevolent Association conspicuously absent.30 On the eve of the I917 election, the Civil Service Forum's strength had grown to twenty affiliated associations, boasting a total membership of 150,000 employees.31 In I9I5, Priai stood In a position of unchallenged leadership. He was both president of the Society and the Civil Service Forum and prominent in state employee circles. He was strengthened by O'Reilly's collaboration and The Chief's publicity. Only one small indication has come to attention suggestive of O'Reilly's reservations as to Priai's leadership: it throws light upon O'Reilly's break with Priai three years later. At the September I917 meeting of the Civil Service Forum at which time the nominations for officers were made, Moran of the patrolmen's Association nominated O'Reilly for the presidency. Enrlght nominated Priai. O'Reilly did not withdraw his candidacy until after the meeting.32 Richard E. Knrlght and the Police Lieutenants' Benevolent Association The proMnent position of the Police Lieutenants' Benevolent Association, as noted in the organization of the Civil Service Forum, became evident during and after the struggle against the 1907 Bingham Police Bill. The rank of police lieutenant was established in I907 as a part of Commissioner Bingham's endeavor to improve the discipline of the department.33 The legislation reclassified the men, completing the use of military titles. The men in the sergeant's rank were made lieutenants and those in the roundsman's rank became sergeants. The duties remained unchanged; as was true of the old sergeants, the police lieutenants are the officers behind the desk in the police station before whom the patrolmen array their prisoners. Richard E. Enrlght was among the sergeants given lieutenant's rank.

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Richard E. Enrlght made the Police Lieutenants' Benevolent Association, and the association made Enrlght a political power. His comparatively rapid promotion, Indicating political preferment, is evidenced by the fact that he joined the force November 2, 1896, was promoted to Roundsman December 24, 1902, and then to Sergeant December 7, I 9 0 5 . 3 4 It was said that Enrlght was In Devery's favor. He was popular with the men and had been active In the roundsmen's association. When the lieutenants organized In I907, Enrlght, though one of the younger men, was elected president of the association. He was reported tö be "not a disturber or demagogue, quiet and unassuming and goes about his police duties methodically."35 He held the office In the Police Lieutenants1 Benevolent Association up to I918. Enrlght was a showman. The Association secured public attention through a spectacular annual banquet, to which a group of distinguished business and political leaders were invited, the tickets selling at $10 a plate.38 For a decade the February banquet afforded Lt. Enrlght a platform for'his attacks upon reform police commissioners and brought his pungent remarks to the metropolitan press. Enrlght became a great source of annoyance to both Commissioners Bingham and Woods. The police line associations yielded to his leadership. In 1908, because of the activity of the associations for the three-platoon schedule and the Black Cavalry lobby against the reorganization of the police department, Commissioner Bingham attempted to end legislative lobbying and Enrlght's annual banquet. He called for the books and proceedings of the Police Lieutenants' Benevolent Association pursuant to the departmental rule prohibiting assessments and all money-raising schemes. The Association's officers used a roundabout procedure to prevent the execution of the Commissioner's order. A retired lieutenant (yet a member of the Association) brought suit to restrain the officers of the Association "from submitting any application to the Police Commissioner for

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any permit or license to conduct the affairs of that association or any function or duties of its officers or members, or to expose to the Police Commissioner any of the laws, books, or resolutions, papers, or proceedings of the association. 1 , 3 7 The Commissioner counter-attacked by recommending to the Charter Revision Committee that the Police Commissioner be given the power to reduce the rank of officers'. In 1909, when both Bingham and the First Deputy Police Commissioner Baker were conspicuously absent from the February banquet, the Commissioner's recommendation was severly criticized. 3 8 During the summer of I909» Commissioner Bingham was removed from office, but no police association and no association leaders were ostensibly responsible for the move. The strength of the Association was shown after the election In I909. Before the new Fusioncontrolled Board of Aldermen and Board of Estimate with Mayor Gaynor took office, the lieutenants got a $250 salary increase. 3 9 Bingham called attention to the singleness of this advance and to the court case which thwarted the enforcement of departmental rules. General Theodore A. Bingham referred to the president of the Police Lieutenants' Association as "one of the shrewdest men In the department." He called attention to the new salary increase as «in Instance of the officer's ability, at the same time warning the taxpayers of the city to watch him. No greater tribute could he paid to Lt. Richard E. Enright - one of the moat straight-forward members of the department. Lt. Enright's shrewdness was exercised only when the General exceeded his legal power in attempting to establish a paternalism over the associations of policemen. The Supreme Court decided against the Commissioner. They know that no administration has voluntarily brought about better conditions for them and so they organize and elect the brainiest men to represent them. 4 0

In I91I, Lt. Enright was made an Acting Police Captain and became one of Police Commissioner Rhinelander Waldo's favored men. He was transferred from station duty to control of the Bureau of Repairs

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and Supplies at Police Headquarters.41 His speeches became increasingly fearless. The appointed civilian police commissioner received continuous criticism: "It is an uncommon thing to pick really great men for political positions. . . .In the long line of counterfeits [ police commissioners] but one or two rung true. Like poor mechanics, they blamed their tools. . . .The department may have been rotten at the head, but it has always been brave and sound at heart."42 Preparatory to the 1913 election, Enright called the various fj.re and police association leaders to a joint meetiiig for the stated purpose of discussing their common need for defense. The joint meeting took no action,43 but it warrants mention because of Priai's interest in securing the associations' support for the Democratic ticket. A Fusion victory, due in some measure to the police situation, meant that some action would be taken by Mayor Mitchel on the recommendations of the Aldermanic Investigation which followed the 1912 police scandal.44 The Mitchel Police Billa The Mitchel Police Bills were introduced in the Legislative Session of 1914. They were also known as the Goethals1 Bills for they were publicized as a prerequisite to securing Colonel George W. Goethals' acceptance of the offered post of police commissioner. The first measure proposed to abolish the right of court review of dismissal cases by writ of certiorari and the second proposed to shorten the time of service between the ranks. In this way it was planned to strengthen the commissioner's power in matters of discipline and to bring capable younger men into the higher ranks.45 The legislation had the active support of the City Club, the other civic organizations, and the Mayor. Mayor Mitchel granted the associations' permission to oppose the measures actively. The police associations jointly employed William B. Ellison, a former corporation counsel, to conduct the legislative lobby.40 In the course of the legislative campaign, Enright used his usual platform, the annual Lieutenants' banquet. He condemned

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t h e "Benevolent T y r a n t " idea o f the b i l l , recounted t h e p a s t t w e n t y - y e a r h i s t o r y of P o l i c e Department " r e f o r m i n g , " and c r i t i c i z e d the s h o r t - t e n u r e d and I n e x p e r i e n c e d p o l i c e commissioners. He t o l d how n i n e men had h e l d t h e p o s t during the p a s t t h i r t e e n y e a r s : "We have had e v e r y t h i n g , " he s a i d , "but a clam d i g g e r and an u n d e r t a k e r . " 4 7 He c o n t i n u e d : This iβ the only Police Department in the world where the administrâtiYe and the executive branches of government are merged in one. This le the only Police Department on earth that has a ccimil asloner and a chief under one helmet, and since that change has come there has been a decline In the Police Department. 4 8 In support o f the measures i t was argued t h a t c o u r t review had never been a p r o t e c t i o n f o r the good men. A t t e n t i o n was c a l l e d t o t h e f a c t t h a t t r i a l s , marked by g r o s s i n j u s t i c e s and c a s e s d e l i b e r a t e l y framed, could be so conducted as t o p r e s e n t no l e g a l flaws in t h e r e c o r d and t o seem t o include b o n a f i d e and s u b s t a n t i a l evidence s u s t a i n i n g the o r d e r . The Court in review w i l l not re-examine the f a c t s or s u b s t i t u t e i t s judgment f o r t h a t of the r e sponsible public o f f i c e r . The e v i l s of the delay i t o c c a s i o n e d and the l a c k o f t h e commissioner's f i n a l a u t h o r i t y in d i s c i p l i n a r y m a t t e r s made the c o n t r o l o f t h e department d i f f i c u l t . 4 0 O ' R e i l l y in answer pointed t o the f a c t t h a t of the 900 men dismissed in t h e p a s t f o u r t e e n y e a r s , only 46 had been r e i n s t a t e d . 5 0 The d e f e n s e l e s s n e s s of the men in t h e r u l e - r i d d e n department made p r o t e c t i o n through c o u r t review of f i r s t importance. Not s i n c e t h e Bingham B i l l s had the a s s o c i a t i o n s been so s t i r r e d . I n March, a f t e r a stormy c a u c u s , the R e p u b l i c a n assemblymen r e f u s e d t o make the measures a p a r t y m a t t e r . The b i l l s were never r e p o r t e d out o f the committee i n t h e S e n a t e , and were d e f e a t e d i n the Assembly. By the end of March they were dead.' 5 1 O ' R e i l l y prudently remarked t h a t "had t h e i r o r g a n i z a t i o n s f a i l e d t o go i n t o the t r e n c h e s cm the f i g h t over the G o e t h a l s 1 B i l l they would be without p r o t e c t i o n t o d a y . 1 1 5 2

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Enrlght'3 Candidacy for Promotion The administration's subsequent action upon Enrlght's promotion left no doubt but that he had played an Important role In the defeat of the bills. Appointment down the line In the numerical order in which candidates stood on the list, had obtained since the Gaynor administration. In 1914, Enrlght stood third on the captains' list. 53 Police Commissioner Arthur Woods, who took over in April 1914, was well known as a reformer. He had served as Bingham's Fourth Deputy Police Commissioner and resigned at the time Bingham was dismissed. He was secretary of the Citizens' Police Committee In 1906 and played a determining role in drafting the Bingham Police Act. Upon taking office, Woods made a statement on promotion policy; he held that he had "no right to promote a man he believes to be unfit" that no power on earth would force him to do so. 54 Woods' action on the captains' list was delayed to I915. Woods had several encounters with the organized men before the next appointments from the list were made. The January 2, I9I5, edition of the New York Times carried a front page news story under the headline, "Rebelling Police Threaten Woods." Utterly lacking In subtlety, Ellison as joint counsel for the four line associations and purporting to speak for "eleVen thousand uniformed members of the Police Department," declared that general dissatisfaction with the Woods' arimi η is trat Ion existed. The men were said to be especially dissatisfied with Woods' orders that curtailed strong-arm methods of police work. The force's efficiency was held to have been lessened thereby. Ellison used Enrlght's ever-recurring criticism of the continually changing chief executive and urged the re-establishment of a Chief of Police as existed before I90I. "That the police force has survived is something of a miracle, but despite the order of misrule, the men remain good and willing.1,55 After the first shock of the publicity, an attempt was made to repair the damage. Ellison claimed that the basis of the article was an off-therecord interview he had had with a Times reporter,

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and that he had expressed his personal opinions with no idea of publication. The special civil service press stated that the Mayor and the Commissioner had dropped the matter after Ellison's second letter of explanation had reached them. The Times suggested that there had been difficulty in collecting from the patrolmen the special assessment to meet Ellison's fee and that Ellison needed to show the patrolmen that he was "doing something."50 Then again it was rumored that Governor Whitman was pushing legislation designed to establish a State Constabulary. It was suggested that possibly the police politicians "thought that the head of the Constabulary would have supervisory power over the New York Force and that this would be a timely moment to discredit Commissioner Woods and make his removal easy.1,57 Viewed In conjunction with a later discussed attempt to break the Civil Service Forum and the police associations launched by the administration at this time, the Ellison affair appeared as timely publicity. For days the press continued what came to be known as the "Ellison Affair." Ellison was dismissed as counsel by the police inspectors', the captains', and the sergeants' associations. The lieutenants' and patrolmen's associations limited their action to the appointment of a committee to Investigate the matter.56 At the Lieutenants' banquet a few weeks later, and with Woods present, Enrlght paid the Police Commissioner the compliment: "The present commissioner is not a reorganizer but an organizer." In answer to the press criticism of the police associations, Enright defiantly said, "We have never expected a square deal and have seldom been disappointed."5e The administration encountered the opposition of the employees in the 1915 elections, an election made important by the referendum on constitutional changes. The police, firemen, ptreet cleaners and teachers came out Into the open to oppose the constitutional amendments - home rule and veterans' preference amendments in particular.60 Mayor Mltchel, Seth Low, the City Club and the Conference of Mayors of

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the State of New York exerted pressure to secure the acceptance of the revisions, especially home rule.®1 The municipal employees were tactlessly vocal on the part they had played in the election: "United Employees have saved the State from the menese of a Document born of a convention that had little in common with the People. The Civil Service Forum aroused the Federal, State, and City Employees everywhere to the peril of the proposed Constitution."e2 Added to this, other victories were won by the Democratic Party; the candidates elected were Alfred E. Smith, for Sheriff of New York County; Judge Edward Swann, for District Attorney of New York County; and Frank L. Dowllng for the vacancy created by the resignation of George McAneny, President of the Board of Aldermen. These successes augnced well for the machine in I917. The Ellison Affair and the I915 political activity of civil employees are important in the light of the administration's action on Enright's promotion. In July I915, his name stood first on the captains' promotion list. In December when the first promotions were announced, Enright's name was passed "for the good of the service." "Although the Commissioner will not talk for publication, It is known that he has not been satisfied with Enright's activities as President of the Police Lieutenants' Benevolent Association."®3 When on March 10, I916, the Commissioner passed Enright's name the third time, he was placed at the end of the list. 84 It was reported that the Commissioner's sole reason for not promoting Enright was because of his Influence in the department in matters other than police work. 65 At the outset of 1917» the political consequences of this determination became evident. In January, the Civil Service Forum held a dinner to register a public protest against the treatment of Enright and to start a mayoralty boom for Sheriff Alfred E. Smith. Smith said at the dinner, "I am certain tfcat the discretionary power of the commissioner to pick one in three will be done away with by the Legislature."ββ Early in March, The Chief

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stated: "if John Purroy Mltchel again seeks election as the City's Chief Magistrate, one reason for any hostility against him upon the part of the employees will be the unexplained rejection of the first man upon the list for promotion to police captain. 1 , 0 7 The 1917 employee vote against Mitchel remains the preeminent example of a united political front. Internal Affairs of the Patrolmen's Benevolent Association The activities of the uniformed men's associations must be viewed against the background of Priai's and Enrlght's leadership. Although the Patrolmen's Benevolent Association was subordinated to Enrlght's leadership, a certain growth within the organization took place. A new constitution was adopted; a new leadership took over which remained entrenched until 1 9 5 8 ; and the association severed its affiliation with the State Patrolmen's Association. The 1912 demand for constitutional changes was broadened. In 1914, these demands included democratic procedures in the nomination and election of officers, the use of membership referenda on- questions of policy, and the rendering of financial reports to the m e m b e r s . 6 8 Joseph P. Moran, a member of the old General Committee, was a member of the committee for the revision of the constitution, known as the Committee of F i v e . 0 9 A t the end of August 1914, and after Moran's election to the presidency, the new constitution was adopted. 7 0 In it the mentioned democratic demands of I913 and 1914 were nullified. The Constitution provided for elected offi cere, a delegate assembly, and a board of trustees. Sixteen elected officers were to be chosen annually by a majority vote of the delegates present at the election meeting. 7 1 Fifteen delegates were designated as a quorum for the transaction of business, 7 ® w i t h no special provision for election meetings. Candidates for the presidency and the vice-presidencies must "have served as a delegate for twelve consecutive months or one jear" at the time of nomination. 7 8

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For all other officers a six-month delegate-service was prerequisite. Delegates were empowered to make all nominations. 7 4 Apart from the usual powers, the president was given the power to appoint all committees and to be ex-officio member of all committ e e s . 7 5 The process of election of the delegates is obscure. No regular election time or term of office or process of nomination and election was stipulated. The constitutional provision stated that the delegates were to be elected by majority vote of the m e n by precincts and squads; "No precinct and squad shall be represented by more or less than three delegates where the total force of the precinct or squad is 150 men." Every fifty men, or fraction thereof, was entitled to a delegate. 7 ® It was reported that a delegate remained in office until such time as a n a p plication was filed with the board of trustees for a n election in the applying squad or precinct. The degree of support such a n application would be required to have is not known. It may be assumed that the permission refused or granted was at the discretion of the board of trustees. The sixteen elected officers and the delegate assembly were vested with full power of policy determination. If a matter was referred to membership referendum, which was done upon occasion, the delegate assembly was limited in no way by the result of such membership vote nor was it required to make the result known to the membership. The constitution closed all avenues to membership control. A twothirds delegates 1 vote was required for amendments to the constitution, with a thirty-day interim between its proposal and the vote thereon. 7 7 The board of trustees, a body of five men, was empowered to examine and report to the delegate body on matters such as a delegate's failure to return dues to the treasurer and on rejected candidates for membership. 7 8 All officers were granted expense money. 7 ® Delegates were allowed a commission on all money collected. 8 0 A special safeguard was thrown around the funds of the Association: "The funds and property of the Patrolmen's

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Association of New York shall remain the funds and property of this association as long as 50 members in good standing so decide."®1 The provision is confusing, for members in good standing only voted in delegate elections. Retired, dismissed, resigned or promoted men were allowed to retain membership but were not permitted to attend meetings or to hold office.82 (In the 1946 revision of the Association's constitution, the members were empowered to vote directly for their officers, and a voting member was defined'as limited to a patrolman In service.83) In June 1914, Joseph P. Moran was elected preeldent by a margin of two votes.84 Young's policy of open and honest activity was reaffirmed: "We believe that the time has arrived when our men must be strictly on the level with one another and that we must unite to secure our common welfare."85 A strong faction threatened to withdraw In case the Moran policy failed to prove progressive,80 a threat which accounts for the mentioned constitutional protection given to the funds of the Association. At the time O'Reilly commented, "Let all work together and perish the thought of any opposing organization.1187 Moran's candidacy was opposed in 1915» 1916, and I918; nevertheless he carried each election by a better than majority vote. In 1915» members were invited to attend the delegates' meeting and to take part in the discussion. The comment was made that "all business will be conducted In an open and above-board manner.1,88 Important decisions relatljig to affiliation with other groups were made in 1914. Prior to Moran's election, the Association withdrew from the State Patrolmen's Association.89 (The new constitution called for a two-thirds vote for joining or paying dues to other police associations outside the City of New York. 90 ) In 1914, the Association became a charter member of the Civil Service Forum. After the defeat of the Mitchel police legislation and just prior to the founding of the Civil Service Forum, Enright came before the Patrolmen's Benevolent Association meeting.seeking the reappôint-

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ment of William E. Ellison aa joint counsel and the endorsement of an eleven point legislative program. Joint action of the line organizations was begun In 1915. Ellison's retainer fee was said to be $10,000 a year, allocated to the associations as follows: patrolmen, $7,500; lieutenants, $1,000; sergeants, $1,000; and captains $500. S 1 As a result of the larger financial contribution it would seem that in employee Interest demands the patrolmen would get certain favors. The opposite was true. The legislative program was heavily weighted to the advantage of the officer ranks : 1. That the Police Commissioner be appointed by the Board of Estimate and Apportionment

2. A chief of Police ©$6,000 with general powers conferred In the Charter of January 1, .1898 be established 3. Permanency of rank be established for Inspectors and Sergeants 4. Raises in salaries: Inspectors from $3,500 to $5,000, Captains from $2,750 to $4,000, Patrolmen from $1,1+00 to $1,600, to take effect In the I915 budget 5. Protest to the Municipal Civil Service Commission against Juggling with Police ratings 6. Abolish Indefinite suspensions 7. Members of tne force under suspension to be allowed full pay while under suspension, even If the charges are sustained Θ. No Interference with police pensions that would destroy the independent Police Pension Fund or reduce Its benefits 9. Reorganization of pensions giving per annum multipiled by the years of service until such tine as the total pension would equal 75# of salary 10 Retirement after 25 years of service regardless of age Trial Board consisting of a Department Deputy Commissioner, Inspector, Captain, and Patrolmen to hear all 92 cases and recommend the penalty The meeting was not reported by The Chief, but the Civil Service Chronicle gave a full news ItemIt reported that Enrlght's proposals met with opposition.

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"One delegate proclaimed from the floor that the lieutenants and captains in many precincts had served notice on the delegates that they would he hounded unless they voted for Ellison.1,93 The meeting was turbulent; yet, finally, the legislative program was approved, and Ellison was affirmed by a vote of 58 to 28. The Ellison Affair in January I9I5 may well have been stirred up by the strong opposition to his appointment. The police associations reluctant to have this incident aired, united in a protest against the Civil Service Chronicle's report of the meeting.94 The Patrolmen's Benevolent Association, as was also true of the Lieutenants' Association, did not dismiss Ellison despite the furor.95 In retaliation, action was taken against the Patrolmen's Association. The Superintendent of Insurance, New York State, ordered the Association to submit Its constitution, by-laws, financial statements, and membership roll for inspection.96 Nothing more was heard of the demand, but the order Indicated the temper of the administration. A"restrained statement of the New York Times followed: To retain the friendship and sympathy of the Commissioner, the four associations must convince him that they are benevolent associations, and nothing else. They must demonstrate unmistakably that they are not "labor unions," and their leaders mupt prove that they are not attempting to "unionize" the Police Department for their own prestige and advantage.

Mayor Mitchel said, "There are several benevolent organizations in the Police Department; a very good thing, but let them remain benevolent.1,90 This statement is Incongruous, following as it does the associations' 1914 legislative activity - an activity which the Mayor had permitted. Mention will be made of the administration's plan for the amalgamation of the police associations launched during the Ellison publicity. The PatrotLmen's Benevolent Association's Salary Effort Aside from the 1914 legislative activity, the four —y©8.r record of th,© patrolmen's Association was

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limited to the effort made to secure a salary Increase. The Association did not give publicity to the study of patrolmen's problems made by the Bureau of Municipal Research nor use it in any way to seek remedies for the grievances described. The study called attention to many shortcomings, among which were the excessive extra duty which the men were required to give and which Commissioner Woods remedied to some extent; the department's failure to administer the Police Surgeon's service honestly, thereby forcing the men to use outside physicians; the economic consequences of the use of fines as punishment; the underpaid lower-rank patrolmen, the dangers of the loan shark; the unsanitary conditions of the station houses, which again Commissioner Woods remedied; and a defective merit system, which was greatly Improved during this period.θβ The administration had also adjusted the salary ecales within the existing schedule of salaries. Whereas in I913 the salary ran up the grades at Intervals of $100 increments from $800 to $1400, with a six months Interval between the two lowest grades,100'in I916 the minimum salary of $1,000 held for three years and then at six months intervals, rose to $1,150, $1,250, $1,35C and $1400.101 In I914, although the $1,6(J0 salary was on the Association's program, nothing was done to secure it. 102 In 1915» the Ellison legislative program included the patrolmen, but again no serious effort was made to secure legislative action. A salary bill for $1,600 appeared in Albany in I916 and the effort was strong enough to arouse the opposition of the Citizens Union, the United Real Estate Owners Association, and the administration.103 Interest in patrolmen's salaries was high. During the summer of I916 several cost-of-living studies were published. One estimated that an unskilled laborer's family of five within the metropolitan area could be maintained on $913 a year. 104 The Bureau of Standards recommended a schedule for patrolmen and firemen In which the entrance salary was $900 with uniforms and equipment

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supplied, and a maximum at $1,500 after .fifteen years of service.10S Commissioner Woods' budget recommended increases all along the line.10® Finally a $50 increase, the first in twenty-five years, for both firemen and patrolmen was approved, effective as of January I917. The Chief claimed that "Moran presented his cause to some of the influential men of the city, who never appear in public but whose word carries weight In every avenue of human activity."107 The budget of 1917 granted the police inspoc tors and captains substantial increases.10® Since the $50 increase to the men had little meaning in the face of mounting living coots, the Mayor In May 1917, approved another $50 Increase bringing the salary to $1,500.108 The patrolmen joined the firemen in a petition to the Board of Estimate for $150.110 In late September, the men were granted the above mentioned $50 increase.111 The lack of real force behind the salary campaign must be attributed to the fact that until the summer of I 9 1 7 the patrolmen's Association worked with the other line organizations under Enright's leadership. This collaboratiDn brought very small return. The Firemen's Mutual Benevolent Association and the Dauntless League Tne firemen experienced the same limited rewards. The Firemen's Mutual Benevolent Association did not affiliate with the Civil Service Forum. It continued its single employee demand for reduced hours. By 1914, the two-platoon drive was both state-wide and nation-wide. In its 1913 convention in New York City, the International Association of Fire Chiefs conceded that "the Two-Platoon System is the coming system:"112 The New York City failure to secure it was shared by the state Firemen's Association. In 1915, however, the state association launched the Dauntless League for the sole purpose of dramatically and energetically working' for the schedule.113 Locals were established in towns and cities,, and these were federated in an executive committee under

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the leadership of Charles L. Sankey of Yonkers, New York. Sankey and Clifford established close contacts, and during the second month of the League's existence it was reported that two-thirds of the New York City force were m e m b e r s . 1 1 4 However, the 1915 legislation made little progress; it passed the Assembly but got no farther. The Citizens' Union condemned the measure ae "an unwarranted interference with the administration of city departments. 1 , 1 1 5 A special effort to secure passage of the measure by the Constitutional Convention also f a i l e d . 1 1 8 Fire Commissioner Adamson and Consultation w i t h Firemen Upon taking office, Mayor Mitchel asked Fire Commissioner Robert Adamson to make a study of the working hours of the firemen. Adamson announced that he was prepared to settle the question on its merits, and called in a special firemen's committee for consultation. Clifford was not consulted, neither was the ban against the Association lifted. Two meetings w i t h the committee were held, and the men's preferences were canvassed. W i t h one exception, all divisions preferred the two-platoon s c h e d u l e . 1 1 7 At the request of the City Club, a brief prepared by the Civil Service Chronicle was submitted to A d a m s o n . 1 1 8 But the administration took no action. After a delay of more than two years, the Adamson Report was released in November I 9 I 6 . 1 1 9 It made no recommendation either for the schedule's installation or for a trial of it. The Commissioner's unwillingness to take the initiative was reported to be due to many factors. He thought the old pyetem worked well. The superior officers, apprehensive of fire risks, disapproved of the change because the owners of buildings still had several years before they were required to meet the new standards of safety established "in the recently passed Fire Prevention and Factory L a w . 1 2 0 The real bar,rier, as always, seemed to have been the cost: the Commissioner's estimate was $1,500,000; that of Chief Kenlon, $2,225',000; and that

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of Battalion Chief Patrick Maher, the only superior officer supporting the change, $ 9 1 5 > 9 U 0 . 1 2 1 Adamson suggested that the question be submitted to referendum v o t e . 1 2 2 The release of the Adamson Report followed the strenuous effort for a two-platoon bill in the legislative session of I916 made by the Dauntless League, the Civil Service Chronicle and the Firemen's M u t u a l . 1 2 3 Every dramatic means was used to secure public support. During the campaign, Chief Kenlon took exception to Clifford's insistence upon the change without a period of preliminary trial. (The Croker trial of I904-I905 remained fresh in the minds of the men). Adamson "regretted that the honor and integrity of the uniformed force should be impugned. 124 In 1 9 1 7 , the perennial Albany bill again a p p e a r e d . 1 2 5 Moreover, the Board of Aldermen controlled by the Democratic machine passed a resolution recommending a trial of the s c h e d u l e . 1 2 0 A s the city moved toward the mayoralty election and the country toward war, Mayor Mitchel permitted the Aldermanic resolution to become effective without his a p p r o v a l . 1 2 7 The Board of Estimate, moreover, took no action to make funds available for the t r i a l . 1 2 8 Founding of the Uniformed Firemen's Association During the last weeks of the jockeying, a new firemen's association was founded. Over 1,500 applications for membership were at hand at the April 4 organizational meeting, though no preliminary announcement reached the p r e s s . 1 2 ® Although the movement might have been viewed as a competitor to the Firemen's Mutual, the new association was organized 13 O w i t h its good wishes. The fire engineers, retaining membership in the Firemen's Mutual, had formed the Uniformed Engineers Benevolent Association several years earlier thereby establishing a ptecedent."Many Firemen believed this gave the engineers a n advantage and it was finally determined to launch a new organization. 1 Since 1913,1,172 m e n had joined the force,132 for whom membership in the Firemen's Mutual was prohibited.

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Adamson refused to deal with Clifford, and as late as February 1917> Mayor Mltchel attacked the Firemen's Mutual and mentioned it was under leadership that was outside the firemen's rank.133 Consequently the only course open was a new association under the leadership of firemen. "President Guinness said the firemen had decided it was time to have an association representing solely the firemen just like the patrolmen." 134 The first actions taken by the Uniformed Firemen's Association included its announced intention to affiliate with the Civil Service Forum, and to retain O'Reilly as its Albany representative.135 Alfred E. Guinness was elected president,130 an office he held to his death a decade later. The Association was well received; Chief Kenlon was friendly, and Commissioner Adamson spoke at one of the early meetings.137 The Uniformed Firemen's Association announced its intention to press for the two-platoon schedule through state legislation.138 In September, Adamson, who was on the Mitchel ticket, announced a forthcoming trial of the schedule.130 John F. Hylan, head of the Democratic ticket, and the Civil Service Forum supported the schedule.140 With the full aid of The Chief, the Association featured the Installation of the schedule as an issue in the election.141 While the leaders were "steering the time question toward the goal," they were also "carefully nursing the salary increase.1,142 In June, a demand for the $1,600 salary was made. 143 In August, with the Patrolmen's Association leaders, a petition was prepared and presented to the Board of Estimate for a $150 increase. Adamson supported the petition.144 The joint salary petition marked the beginning of the future close collaboration between the two associations and O'Reilly's participation as legislative agent.145 As mentioned, only a $50 increase was allowed. The Mitchell Administration and the Associations This action closed the reform administration's contact with the organized uniformed men. The strong

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political leadership in the Civil Service Forum and the membership strength its unity presented formed a new obstacle for the good government forces. To many, it seemed that the City was faced with "a class feeling among the municipal employees which is certainly one of the most dangerous menaces to efficient municipal government.Hl4e Stewart Browne, president of the United Real Estate Owners Association representing the "low taxes" forces, wrote to the Board of Estimate: "The Board of Estimate are invited to read the history of Rome, under which the pretorian guard sold the rule of the city at auction to the highest bidder, viz to the one who would pay them the highest salaries.1,147 Granted the difficulty which the Mitchel administration faced, its personnel policy as it related to management contact with the employees' elected representatives increased the tension between the employees and the administration. In 1914, City Chamberlain Henry Bruere stated his opinion on employee relationships as follows: "We can't work out problems of city government without establishing proper relationship between the city as an institution and its public servants.1,148 Henry Moskowitz, president of the Municipal Civil Service Commission, suggested that the employees organize along vocational lines in contra-distinction to the organization of the New York Civil Service Society by bureaus. He declared· I believe in organization. In this complicated, and. interdependent system of ours the moat effective measure θ obtained have been through organisations. . . .1 have always found that the employees have J mat grievances. . . .I believe in the democratic way of doing things, and that Is to consult and confer with you-on the problems as they case up.1,4®

The Bruere-Moskowitz position was not controlling, as has been shown in the experiences of the uniformed men. Mayor Mitchel's statement that the associations remain benevolent and that "the affairs of Police must come from the Commissioner and the Administration, and

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from no other man" accompanied a move to break the existing associations. In 1915, the administration launched a counter-association to complete with the Civil Service Forum and the New York Civil Service Society, and attempted to amalgamate the many benevolent associations in the Police Department. For the latter, actuaries in the City Chamberlain's office drew up plans for the consolidation of the funds of all police associations and to make a study of the death benefits which the consolidated fund could support. For a short time it was optimistically assumed that the "men will quietly drop out" of the independent line organizations. It was said that "The chief opposition comes from the officials of the independent benevolent societies who are drawing salaries.11151 The Moskowitz idea of an employee organization following vocational lines formed the basis for the administration's effort to break the Civil Service Forum. It was launched after the "Ellison Affair" broke. The employees were invited to organize in fifteen vocationally determined areas and to federate in an Employees' Conference Committee. The plan included the uniformed men and the teachers. At the organization meeting, January 23, I9I5, an executive committee was charged with the task of drawing up the constitution.152 The purpose of the association, as proposed by the committee, subordinated the usual and distinctly employee-interest features as shown in the following statement of purposes : 1. to bring about a better understanding and a more earnest and hearty co-operation between officials and employees; 2. to aid in every effort to increase departmental efficiency and econcqiy; 3. to encourage employees to take advantage of all educational and similar opportunities designed to Increase their usefulness; to assist all efforts to bring about improved methods of transacting public business;

FIREMEN'S AHB PATROLMEN'S UNIONS 5. to help In such movements as the establishment of an equitable pension system, the proper standardization of salaries, and the keeping of accurate efficiency records; 6. to give special attention to movements concerning the health, comfort and betterment of City Employees. 153

The timing of the movement seemed auspicious. Six months earlier an Internal revolt within the New York Civil Service Society had come to the surface. Thomas E. Bussey, president of the Education Primary Council within the Society, challenged Priai's policy of collaboration with the Democratic party and his activity in the election 1915.1S" But the dissident group did not follow this administrationsponsored and dominated movement. Bussey, in a letter to the chairman of the temporary committee said, "in view of the statement Issued by His Honor, the Mayor, on last Sunday, with regard to putting into effect the recommendations of the Bureau of Standards ftarthe city departments in the Budget of I916, I am forced to the opinion that the committee was not proposed in good faith, and it was not the purpose of the promoters to have a free, frank, and open discussion of the various problems affecting the city administration and necessarily the employees."155· The men in the Police Department voted against affiliation, no record of Fire Department action was found.158 In June, The Chief declared the Conference buried.157 The combination of events led the employees in both Legislative Sessions of I9I5 and I916 to seek constitutional protection for public employee organizations. The departmental ban against the Firemen's Mutual was read when the bill was introduced.158 Ths employees did not believe that "New York wishes, as far as it is financially able, to be the model employer. " l s e Priai expressed the general point of view in his statement: "Let us be honest. This is the most hostile administration that civil employees ever had to contend with. . . .There is not a thing that they have not thought of and done to haras3 and annoy the employees."180

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Yet the fire and police forces appreciated the Improved administration in their departments. As Commissioner W o o d s steadily moved toward an improvement of working conditions, he secured a growing support from the men. He made himself available to the men. O'Reilly expressed the one shortcoming when he wrote: But will he Bee them,the heads of the associations, as the representatives of the groups that have elected them? . . .Such a rapprochement would not he subversive of discipline. On the contrary it would he an aid to It. The men could lay their problems, grievances, or troubles before their officers, who In turn could take them up with the Commissioner. It would cut down his visiting list and establish a regular channel of communication for decisions that effect an entire rank. Commissioner Adamson at the close of his administration said: "l have always been a strong believer in the organizations of the uniformed forces as well as the organizations of employees g e n e r a l l y . 1 , 1 6 2 yet he used temporary committees for consultation and continued the ban against the firemen's a s s o c i a t i o n . 1 0 3 His good government of the department was appreciated, as shown by the Uniformed Firemen's Association's resolution at the time he gave up the work. After commendation of his actions on all problems such as promotion and appointment, pension fund, administration, salary and platoons, special mention was made of "the inception of democracy into the Fire Department by you, whereby members of the uniformed force can now,appeal directly to their Fire Commissioner."'16'1 Appeal was an individual matter, upon Individual request, a privilege granted by the superior. It seems fair to assume that the influence of Enright over the patrolmen and of Priai over the municipal employees could have been lessened if not broken had a channel of employee-management consultation, as distinguished from the privilege of appeal, been cut. The Election of 1 9 1 7 The alignment of the organized employees against the I 9 1 7 Fusion ticket was not disguised.

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Their voting strength was an Important factor In Mltchel1 s defeat. "The Chief opposed Mr. Mltchel In his candidacy for re-election because of a broken promise in relation to the promotion of Lieutenant Richard E. Enrlght. " l e s But Adamson, running for President of the Board of Aldermen on the Fusion ticket, was endorsed by The Chief. 188 During the vigorous campaign for Hylan the organized employees operated through a Conference Committee of the Allied Civil Service Employees under Priai's chairmanship.167 Moran and Guinness served on the Civil Service Forum's Committee of Five and Interviewed all candidates.iee Just before the election, Police Commissioner Woods asked the police force to be neutral.1ββ There can be no doubt that the Democratic party bosses assumed that the leaders in the Civil Service Forum had contributed to the party's overwhelming victory. The rewards were forthcoming: Priai was appointed Deputy Comptroller,170 and Enrlght became the Police Commissioner. New York City's first four year reform administration furnished the leaven that provoked the establishment of the present firemen's union and strengthened the patrolmen's Association. O'Reilly emerged as a leader actively involved in the internal affairs of municipal employee associations. Through Priai, the Democratic party machine had established its firm grip upon the organized employees. The careers of a police-politician (Enrlght), of a political boss of organized public employees (Priai), of a courageous union leader (Guinness) and of a valiant union legislative representative (O'Reilly) had found channels through which to function. They dominated the scene through the Hylan administration.

Chapter IV THE TURBULENT HYLAN YEARS 1918 - I926 THE POST WORLD WAR I INFLATION YEARS taxed public administrations everywhere. Municipal governments generally were not ready to assume responsibility for unprecedented budgetary increases which wage demands on the lowest levels and In large departments made necessary. On the other hand, the rapidly advancing living costs pressed most seriously upon the employees on the lower salary brackets. The collective effort of the uniformed men for salary increases nounted both in tempo and in kind. The administration countered with equal force and used all weapons against the associations short of banning them. The Uniformed Firemen's Association turned to affiliation with organized labor and made gains thereby. A like novement a year later within the patrolmen's Association was stillborn. However, the firemen and patrolmen derived their greatest strength from a close organizational unity and the subsequent Integration of their demands. With the aid of O'Reilly as their legislative representative and as editor of The Chief, with their officers functioning in a Joint Council, the associations and their presidents, Moran and Guinness, rode the storm of the Hylan years. In the course of the eight years, the men's salaries were increased $1,000 - no mean achievement. The Democratic party's return to power brought an eight-year spoilsmen's rule. With Police Commissioner Richard E. Enrlght, who took the Mayor's orders, Mayor Hylan unconscionably used the Police Department as a means for repaying debts to district leaders. For their part the district leaders during this prohibition period made full use of the protection and privilege made available. Enright's administration 107

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was a thoroughly corrupt one. His political strength In Albany was great: "The police lobby has been notorious and powerful for years. . . .Even the Comptroller had no such influence with the Republican Assembly as Enright appeared to have The Enright proposals always appeared to have a clear right of way.1,1 He initiated employee welfare projects unrelated to the real needs of the men and undesired by them. He conducted a constant activity in fund raising, thereby placing the public in the position of being solicited by the police. Enright's use of the funds so collected (The Arch of Freedom Fund, The Police Hospital Fund, The Police Relief Fund, The Police Recreation Camp. Inc.) was reprehensible. Police morale reflected that departmentrs management. "Almost from the day of his appointment the rank and file have seen Enright use his position for selfexploitation and aggrandizement, for venting of hatreds and the bestowing of favors and for playing politics, departmental and general.1,2 Resignations, retirements, demotions, transfers, stories of petty and substantial graft, instances of police brutality against citizens increased.3 O'Reilly, from time to time through The Chief, mildly reminded Enright of the grievances and practices he as a member of the force had condemned and now as Commissioner was pursuing.4 "Enrlghtism" epitomizes all condemned public administration practices, plus a superlative showmanship. It was generally agreed, moreover, that "there lsn't a man in the department who can openly oppose the Commissioner on any plan.1,5 "Let a cop open his mouth, and he'll find himself in Woodlawn Cemetary watching the dead or at Rockaway Beach watching the waves dance the tango."e Despite Enrlghtism, the Patrolmen's Benevolent Association was not bereft of all power. It was continuously a part to all effort exerted through a Joint Council. The Joint Council united the two rank-and-file organizations and through it O'Reilly could constantly take the administration's blows. Oh two occasions the Association.showed Independent energy; in 1919 during a movement toward

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trade union affiliation and In 1924 when it resisted a secessionist movement, which many assumed was administration Inspired. Salary Campaign of 1918 At the outset of 1918, the two firemen's associations were in a relaxed and conciliatory mood toward the administration.7 Hylan's pre-eleetloh campaign promises committed him to an early trial of the two-platoon system. In March, however, subsequent to the Mayor's orders to all department heads to hold the existing salary levels8 in their recommendation for budget of 1919> the Uniformed Firemen's Association sprang to aggressive action. O'Reilly » centralized the patrolmen's and firemen's action and made use of the associations' affiliation with the Civil Service Forum. Conferences with the commissioners and the Mayor increased.® Neither the commissioners nor the Mayor discouraged the effort. It was reported: "They [officers of the uniformed men's associations] have laid the foundations for a campaign of education so that taxpayers who think will realize that the cheapest thing they buy is the protection given them by the patrolmen and the firemen."10 O'Reilly drew up a petition for a ten percent saJary increase, supporting it with arguments on the cost of living, the growing number of men in debt, the difficulty the City was experiencing in recruiting for the forces, and the better salaries being paid by other cities.11 The petition received the endorsement of the commissioners and a supporting resolution from the Board of Aldermen.12 In May after the first preliminary work on the petition had been done, O'Reilly sought support from the Civil Service Forum. Although he now held a top-policy-determlning position in the administration as Deputy Comptroller, Priai continued as president of the Civil Service Forum and the New York Civil Service Society. This anomaly remained confusing throughout Hylan's eight years. For purposes of centralizing power in the Forum, Priai secured a resolution from the Civil Service Commission that no

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organization should take up a matter with it unless all other associations were notified, and the Civil Service Forum was recognized by the Commission as the channel for employee consultation.13 It will be recalled that O'Reilly was secretary of the Civil Service Forum. At this juncture O'Reilly asked the fire and police officers' associations in the Forum to hold their salary demands in abeyance during the men's drive, stating that increases for the rank-and-file would be reflected up the line. In the June meeting, the officers refused, and the Forum upheld them?·4 Thus began Priai's skillful use of the officers' associations against the men. The Forum's refusal brought O'Reilly's resignation as secretary, and the Uniformed Firemen's Association's withdrawal from the Forum. 15 O'Reilly subsequently presented the salary petition to the Board of Estimate: the request was denied.16 The Joint Council Apart from the steadily widening rift between O'Reilly and Priai the episode had other very important repercussions. The Uniformed Firemen's Association became an independent factor beyond Priai's orbit and bore the brunt of Mayor Hylan's vituperative employee relations. The Patrolmen's Benevolent Association, though remaining within the Forum, joined the firemen's Association in forming a Joint Council, established an office, and employed O'Reilly as Social Secretary. The officers of the two associations with O'Reilly formed the Joint Council, the office served as a clearing house, and the Social Secretary became their legislative representative and chief trouble shooter.17 The associations bore the coste jointly: "We pay on a 50-50 basis out of our treasury. 1118 Thereafter Ό'Reilly became the Mayor's, Priai's and The Civil Service Chronicle's special target: "an agitator and trouble maker." 8 The Forum followed a consistent policy of opposition to rank-and-file demands and supported the interests of those in the upper salary brackets. Lastly, the Uniformed

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Firemen's Association affiliated with the American Federation of Labor. The Uniformed Firemen'a Assoclation Afflilated with the American Federation of Labor At the special meeting of July 15 > the membership of the Association was informed of the failure to secure the salary increase and told that the officers "had been unable to get justice or even cooperation where they had reason to expect it, and that they stood at the open door of unionism, with its regularity of hours." 2 0 The executive committee then offered and secured the unanimous passage of the following resolution: Whereas, the uniformed firemen of the City of New York for more than twenty years have endeavored to obtain relief from a system which requires a service of twenty-one hours, and Whereas, said firemen are compelled to remain nine days on duty in order to receive one day for recreation, making their compensation when mandatory expenses are deducted, less than twenty cents an hour at a time when skilled labor is receiving double that amount, and Whereas, such conditions are entirely unjust and breed discontent in a body of faithful and patriotic public servants who ask only the treatment accorded men in less perilous work, and Whereas, the uniformed firemen themselves working under conditions that existed when the fire department was organized in 1865, while the uniformed men of Chicago, Philadelphia, St. Louis, Boston, Pittsburgh, Newark and other cities have obtained relief in platoon systems and higher pay, and Whereas, the uniformed men of these cities are affiliated with the International Association of Fire Fighters, and have invited the uniformed firemen of the City of New York to Join same, therefore be it Resolved, that the Uniformed Firemen's Association, Fire Department, City of New York, hereby declares itself in sympathy with the great brotherhood of firefighters and approves the recommendation of the Executive Committee that the Uniformed Firemen's Association apply for a Charter as a local of the International Association of Fire Fighters.21

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At a later time It was stated that "on the recommendation of the Social Secretary, the firemen decided to join the International Association of Fire Fighters."22 O'Reilly gave as the basis for his change in position toward unionism (for in I9I6, when organized labor approached the Forum, O'Reilly wag cautious and conservative23): "But when I saw, year after year, every organization connected with the labor movement obtaining more and more advantages, getting higher and higher wages and a straight eight-hour day, Vhlle the civil service men were kept tied to the post of broken promises, when I saw other departments in the International Association obtaining the highest wages with less hours of work, I believed it time for the firemen to hitch on to the labor movement."24 There can be no doubt that the administration was taken by surprise.25 The union trend throughout the country - firemen's strikes were frequent - was of course common knowledge. The administration's attitude toward unionism was known. Mayor Hylan violently opposed it.20 Chief Kenlon agreed with him, also contending "that fire fighting is a profession iand that it would be beneath the dignity of the Firemen to unionize."27 For the firemen, the time was auspicious for independent action since the department was dangerously undermanned. "Under the present conditions of serious depletion of the forces, Headif 2 β

quarters will grin and bear it. Judged by Chief Kenlon's statement and the Mayor's silence, this appears as an accurate appraisal of the situation. Chief Kenlon was quoted, "Whatever the Firemen do I have the same old affection for them. . . .1 had no idea that the men would join the labor federation and at this timt, I hardly know what to say.1,28 Local 94 received its charter July l8, I918. Thereupon, the Joint Council prepared a petition for a $300 increase. "Difficulties and obstacles have been placed In their way but the fact that the Patrolmen's Benevolent Association stands solidly behind its representatives and the Uniformed Firemen's Association is determined to back up its leaders has

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made it worth while to continue the fight." 3 0 An appeal for $1,800 was made before the Board of Estimate.31 In the interim of two months, the metropolitan newspapers and the Bureau of Municipal Research had come to the support of a salary increase for all city employees. 3 2 The pressure of the steady stream of retirements and resignations from the public safety departments had made itself felt. In a special meeting at the end of August, the Board of Estimate reversed its June decision. First-grade firemen and patrolmen were granted a $150 increase in the Budget of I919, bringing the maximum salary to $1,650 and the minimum salary was raised to $1,200. 3 3 By order of the Pire Commissioner, the hours of work were also shortened; the schedule of one day off in five was restored. 3 4 Then in September, the firemen sprung another surprise. Headed by Guinness, a thousand firemen marched in the Labor Day Parade. It was reported that Mayor Hylan with Alfred E. Smith joined the crowd in applauding as the firemen marched b y . 3 5 Two days later, Guinness was transferred from his Long Island station house to the busy Thirty-third Street and Broadway station in Manhattan. 3 6 The firemen and the patrolmen were bitter. Fire Commissioner Drennan found it expedient to deny that the transfer was for discipline and to emphasize the need for experienced m e n in the heart of the c i t y . 3 7 The repercussions made the parade episode important. The moving picture of the parade was shown throughout the country and gave impetus to the nation-wide union movement in fire departments. 3 8 The Guinness transfer did much to dramatize the Hew York City union, "cementing the loyalty of the 5,600 members," and aided the drive for one-hundred percent membershipt 3 0 The Chief called the punishment a reward. 4 0 The*event probably contributed to the movement which for a few months threatened to unionize the entire department. 4 1

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Fire Officer Assoclatlona Affiliated with the American Federation of Labor The fire engineers were the first to move toward unionism, but the fire lieutenants' were the first to receive a oharter. The fire lieutenants' decisive action was said to have been "a protest against the twenty-four hour day and the meal system. " 4 Z In December, the Association received its charter as Local 148.43 The engineers' Association delayed to January I919 because of a membership division of opinion: "There are others who believe that the time is not ripe while still others believe they can get more outside of labor's influence. They take the ground that the Mayor Is not in sympathy with labor in the civil service and that it is better to play safe."44 Certain factors turned the decision toward unionism. After the rupture in the Forum, the firemen made every effort to re-establish friendly contacts with the officers, "The organization has the very kindliest feelings toward the higher grade organizations, " It sald.4S In October, the four line organizations joined in support of a resolution before the Civil Service Commission:48 contemplated united action in the November election had brought them together.47 More Important was the decision of the Uniformed Firemen's Association to launch an eight-hour day drive. This presented a legislative program which met the interests of both the officers and of the men. In January 1919> the engineers' Association became Local I 6 3 in the International Association of Fire Fighters, A. F. of L.4 8 The Fire Captains' Association did not stand aside. The question was put to a membership referendum; the result was not published4® but It is pretty well known throughout the department that the vote of the captains on the referendum was two to one in favor of affiliation. . . .[tut] it vas realized that enough captains to change the verdict had failed to vote. This is not the time for a split as seme might advocate. . . .Let every oaptaln stand by the association. A little time will tell

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whether It le vise to Join the nev movement as a tody. Then let us have a secret ballot the same ω the lieutenants and the engineers had and let the decision he final. 50

It was significant that so widespread a movement should have failed to receive Headquarters' comment or comment from the unconscionable Priai whose monopoly was thereby threatened. "While it is understood that Chief Kenlon by no means favors the idea of Firemen joining unions, he has not made a single utterance on the subject, and it is pointed out that this is the first time in the history of the Department, that Headquarters had had nothing to say on an important movement affecting not only the men but the department."51 The officer ranks are generally the more vulnerable to administrative pressures. Their new-found courage was explained by O'Reilly as follows : The force has been "up against It" being "kidded" one moment and burled In the flowers of praise another. The only sympathy It got from the top vas conmendatlons as the "bravest " . . . .The future Is unusually hard to forecast but It Is dollars to doughnuts that further progress will bear the best fruit In the smashing of the rotten system that has existed In the New York and other departments these many years.52

O'Reilly referred to the twenty-four hour schedule. As has been mentioned, it was the only demand upon which all the force could unite, and was a grievance of long standing. It accounted for the interest in unionism in New York City. The men were not without concern that trade union affiliation might be attacked. A socialist alderman sponsored a resolution in the Board of Aldermen to amend the city ordinances, guaranteeing civil employees the right to organize, requiring heads of departments to meet with the duly accredited representatives, and empowering the heads to enter Into agreements with the unions. The resolution Included the declaration: "Under no circumstances, however, shall the right of Municipal employees to strike be abridged

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or denied by any such heads of departments, bureaus or divisions, nor shall they prefer charges against any employee because of absentation from duty on account of any strike duty authorized by said organization. " S 3 The organized men probably were not a party to this suggestion. Confidence Instead rested upon the manpower shortage, the comprehensiveness of their membership, and the collaboration possible among the various associations. The D1strict Council and the Journal The next move was the establishment of a working alliance between the three fire unions.54 In April, during the moat strenuous moments In the elghthour drive, a conference of officers was organized, known as the District Council.55 As a joint activity, the District Council decided to publish an official journal, The Fireman. Thereupon the Civil Service Chronicle, which had since 1914 been at loggerheads with the police associations, launched an assault against the forthcoming journal and the formation of the District Council. Its headlines were of the following type: "Great Fire Leaders Establish SuperGovernment In Department."5β The demagogic attack was both anti-union and anti-O'Reilly. The extravagant charges of The Chronicle, joined with old rumors of a possible firemen's strike or wholesale resignation which followed the failure of the eight-hour day bill, were soon reflected in administrative action. In April, the Mayor stated that city employees could be punished if they quit collectively. (The Charter required firemen to give a five-day notice before resigning.) Thereupon The Chief remarked: "Whether firemen have the right to strike or resign in a body under the law is a question which only the courts can decide."57 Fire Department Order No. 10, May 24, I919, revealed the administration's anxiety that an appeal for public support would worsen the situation: "No member of the ïïnlformôd Force shall participate In public parades while In the regulation Fire Department Ohiforn, nor

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parade under che banner of the Uniformed Force of the Fire Department, except in accordance with the Rules and Regulations. . . by and w i t h the consent of the Fire Commissioner and under the command of officers of the Uniformed F o r c e . " 5 8 In July, Mayor Hylan ordered Commissioner of Accounts David Hirschfield to investigate The Fireman on the charge that advertisements were being solicited. Hirschfield was directed to "prefer charges against every Firemen who assisted" in this w o r k . 5 8 The Investigation was also to Inquire into the activities of Thomas G. Spellacy. Spellacy was president of the International Association of Fire Fighters and had led the lobby for the eight-hour day bill. During the legislative struggle, both he and O'Reilly accused the Mayor and Governor Smith of breach of f a i t h . e o After the measure's defeat, Spellacy came to New York City where he became prominent in the District Council and in the publication of The Fireman. At the time he was in difficulty w i t h the directing board of the International, a fact w h i c h the Chronicle capitalized in its pressure against the District Council and the journal.® 1 The findings of the investigation were meager: the journal had been in existence three weeks, $5,200 had been collected through advertisements, and the existing bank balance stood at $ 1 0 0 . e s The Fire Commissioner ordered the Immediate discontinuance of the journal w i t h the threat that "instant dismissal would follow disregard of this order."® 3 But the firemen were in n o mood to yield. Guinness consulted with James P. Holland, president of the State Federation of Labor, and Peter A. Brady, a labor leader in the city. They deemed it unwise to challenge the Mayor's o r d e r . 0 4 This advice was followed and probably saved the union from dissolution.® 5 The engineers' Local 162 was dissolved by January I92O and the lieutenants' Local 148 probably before that time.® 6 Though the administration successfully broke up the District Council, no prohibitive departmental order or city ordinance against the firemen's union appeared. Had the affiliation w i t h the International Association of Fire

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Fighters followed Instead of preceded the Boston Police Strike, there can be no doubt that the firemen would have been subjected to stronger coercion. The Sale of The Chief The administrative denial of the freedom to publish a trade union journal established a policy of great importance to the associations. Until 19^5 > they lacked the ordinary trade union means of reaching the membership and the public. Their dependence upon the special civil service press, always out of their control and often inimical to their interests, contributed to establishing a policy of withholding associatlonal news. O'Reilly's control of The Chief ended at the time of the publication of The Firemen. His silence and the general secrecy surrounding the sale of the paper invite speculation. The only source from which a full account of the behind-the-scenes manipulation could have been secured, the Civil Service Chronicle, was taken by surprise. The paper Btated that "Politicians are agreed that the real owner is the former Comptroller Metz."67 It was said that Boss McCooey of Brooklyn secured an intermediary, Deputy County Clerk of Kings County Edward Godley, to negotiate the sale.08 Priai was sponsored by both Metz and McCoey. The ostensible purchaser was the New York Civil Service Employees' Publishing Company, Inc., Frank J. Priai, president. O'Reilly continued as editor for six months, succeeded in April I92O by Priai.βθ Priai1 s Interest In The Chief may not have been limited to an interest in reducing O'Reilly's Influence. In I918, a precipitous decline in the New York Civil Service Society's membership took place; of the 86,397 employees eligible to membership, the roster fell from 6,600 to 1,660. It was reported that not more than fifteen to thirty persons attended the monthly meetings of its central council. 70 Priai had neglected the lower paid civil employees' demands at a time of great distress. Efforts to Increase salaries were restricted to re-establishing the salaries which Mayor Mitchel's standardization program had lowered.71 In the summer of I919,

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a combination of pressures, of which a movement for a new organization was one, brought a salary increase to those earning less than $2,600. 7 2 The maohine may have considered it essential to control The Chief, as a means of holding all employees in check. Unionism would have brought strength and independence of action Intolerable to boss rule. The Patrolmen'a Benevolent Assoclatlon and Affiliation w i t h Organized Labor And unionism reached the patrolmen in New Y o r k City as it was reaching patrolmen throughout the country. During the 1920 budget requests in August 1 9 1 9 , Louis Pridiger, then attorney for the striking street railway men and reported to be serving as the legal representative of the Patrolmen's Benevolent Association, stated that a movement to unionize the patrolmen was well under way. A week later, Pridiger reported that "the Policemen of the city have organized a union and have applied to the A. P. of L. for a charter. 1 , 7 3 The Civil Service Chronicle credited O'Reilly as the prime mover, "the officers of P.B.A. - or some of them at least - are said to be in favor of unionizing. 1 , 7 4 After the Chronicle statement that the Chief Inspector had put "a decided crimp in the union idea," the Association released a non-committal denial. The putiished statement that the patrolmen hare Joined the American Federation of Lahor is untrue. The Patrolmen 1 s Benevolent Association has a membership of close to ten thousand. Its members In every emergency In war and in peace times, have been loyal to the city. There are hundreds of men in our Tanks who prior to Joining the force were union men In various trades. They still hold their union cards. These men now find that union labor men are better paid for less hours of work than the police. The patrolmen cannot live decently on the pay they receive after the cost of uniforms and equipment is deducted. This condition quite naturally breeds discontent among the men. There are labor men in the ranks who have stated that the patrolmen will not receive the pay nor the hours of work of the trades union men until they have became affiliated with the

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labor movement. There has been considerable dlecusslon of the subject. . . . There Is one vay for the city to show the patrolmen there 1b no need for any labor affiliation and that vay Is to pay the police vages equal to that paid to the trades union men. . . . When and If the question of any affiliation vlth organized labor le presented to the Patrolmen's Benevolent Association, the action taken thereon vili be duly announced by Its officers. 75

The tension of August 1919 must be noted. The Boston force had affiliated with the A. F. of L. sind was meeting official opposition. The Chicago Council Police Committee was in New York City to study the police union situation. A rapid transit strike was disrupting the life of the city, Hylan was attacking the firemen's journal, and the city employees were launching an association independent of Priai and pressing for salary increases. Police unionism was in high gear all over the country. The day following the patrolmen's statement, a New York Times editorial sponsored a salary increase to $1,800. It held that it was a modest increase, praised the force, and commented upon the poor leadership in the department: "[It] is in the hands of men who make political consideration superior to the natural duty of the police." 7 0 Certain municipal employee leaders (Priai, Chief Kenlon, Fire Captain John J. T. Waldron, and George Stansfield, who was the promoter of a new employee association) 77 issued statements that confused unionism with the use of the strike weapon. The Joint Council's silence on the Issue was significant. Police Headquarters was not conciliatory. The rumor of patrolmen's unionism brought forth the Commissioner's bluster: "If they attempted that here they would be fired out of the department in a minute and the men know it." 78 The Labor Day speeches added to the strain. The speakers generally held that the police were being deprived of their rights to organize. Again Knright answered with threats, confusing labor affiliation with the use of the strike:

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There has teen much talk concerning a proposed strike. Naturally seme of this talk has reached my ears. . . .Faced with a condition where the police turned traitor to the force of right, It would became necessary for those still upholding the lav to call out the National Guard, and perhaps the Federal troops, to do the thlnge that you as policemen are evorn to do. 7 9

On September 9 the Boston police vent out on strike. On September 10, both New York's firemen's and patrolmen's associations held meetings. Both presidents were called from the meetings by Chief Inspector Daly and Fire Commissioner Drennan. During the absence of the presidents, the two meetings passed resolutions pledging financial and moral support to Guinness and Moran, respectively, In event they "are disciplined to the extent of dismissal for honorable activity in behalf of the salary Increase."80 Two days later, Moran's statement on police unionism appeared: "There will be no repetition of the Bay State strike in this city, raise in pay or no raise in pay. The police will not join the American Federation of Labor and have settled that idea definitely despite the many false rumors being circulated to the contrary." 81 In the 192*1 Rules and Regulations of the department, the following prohibition appeared: A member of the Force Is prohibited from affiliation with any orginlzatlon or body, the constitution or regulations of which would In any way exact prior consideration and prevent him from performing police duty. 8 2

The' restriction stands as a reminder that the New York City administrative officers can prohibit any or all police organizations. The Salary Gain of I919 Toward the end of August, the Joint Council petitioned for a $2,000 salary. 8 3 Neither association consulted with either the Mayor or the Commissioners. Fire Commissioner Drennan did not include a ra^se for the men in his budget. "The Fire Commissioner said that Mayor Hylan was willing to listen to

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the men's case - If they would present It as firem e n . " 6 4 Enright Included a $150 Increase for patrolm e n and allowed for Increases from $500 to $4,000 for the officers. 8 5 In September, after the Boston strike, Mayor Hylan supported an Increase for all employees receiving less than $1,800 and a n Increase to the uniformed men of $250. 8 0 This Is the last salary Increase granted by the city administration to the uniformed men, the later ones being sanctioned by the people In referendum. Comptroller Craig, concurring, said, "I do this as a spontaneous and voluntary act," and then added, "I shall not be Influenced In the slightest degree by any threat or Intimation of the use of the strike by municipal employees." 8 7 But management-employee relations remained at a low level. At the October first hearing on the budget before the Board of Estimate, the firemen and patrolmen were ordered out of the r o o m . 8 8 Again the superior officers received the larger increases, from $500 to $1,000. 8 8 The 1920 Salary Melon The 1920 salary Increases were recognized as inadequate before they went into operation. The first grade men's wages had increased 35 percent since I914, whereas the cost of living had risen IO3.8 percent.® 1 Early during the winter of I919I92O, the men's associations released a study on salary needs made by the Labor Bureau, Inc. This set as minimal salaries: Grades ? and $1,450; Grade 2, $1,650; and Grade 1, $1,900. 8 2 The cost of living, however, continued to rise steadily. In June I920, It reached II9.25É over that of 1914. The administration pressed for state legislation which would liberalize the law covering the Issuance of supplementary bonds for authorized expenditures. Through this means additional increases could be given for the current budget and possibly be absorbed into the salary schedule. The employee associations appear not to have played a part in the legislative effort. Comptroller Craig, with Priai, took full

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credit for the idea and for procuring the passage of the measure.®3 It made five million dollars available.04 During the summer, the distribution of this "melon" became the object of an intense struggle. The Civil Service Forum, that is Priai, who in turn had Comptroller Craig's support, backed a flat 20 percent distribution although 90 percent of its membership earned less than $2,000.®5 The Mayor and the officers' associations supported the plan. The Joint Council took the position that "a percentage basis is not an equal distribution of the money."96 Mayor Hylan was reported to have said, "There appears to be some opposition created by outside agitators and professional troublemakers to an adequate increase for some of the higher paid officers of these departments. . . .As Mayor, I am of the firm conviction that they should have share and share alike with the men in the ranks from which they sprang.1,87 The Joint Council bore one brunt of the fight for an equitable distribution. As additional tactical move, it petitioned the Board of Estimate for a flat salary AO

raise to all employees, and each association passed resolutions for a $3/000 salary. No mention was made of the cost of living, but the resolutions used the argument of "worth to the city" and the schedules of ΘΘ li other cities. Some officers stated that it is the very essence of Bolshevism and Socialism, this propaganda by the firemen."100 Moran and Guinness were told by the Mayor "that the rank and file of the men are perfectly satisfied with the distribution.11101 In July, the Board of Alderman authorized the flat percentage distribution, effective as of August 20. One Tammany alderman said, "There is not a policemen in this city who should not get down on his bended knees and thank God we have such a Mayor as John P. ww Ί _ _ 111 0 2 Hylan. The battle then moved into the Board of Estimate. Fiorello H. LaGuardia and Henry H. Curran, two Republican party members on the Board whose election the uniformed men had supported, opposed the flat percentage distribution.103 Their counter-proposals and

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the debate thereon brought the problem to wider public notice. The Mayor, despite the Prlal-Cralg pressure, changed his mind: "Upon reflection I am convinced that a more equitable distribution can be made of the proposed salary increase."104 The revised plan granted a 22 percent Increase to employees receiving φΐ,500 and under, 20 percent to those from $1,500 to $2,500, (the uniformed men did not gain) and a flat $500 to those from $2,500 to $7,200; those receiving $7,200 vere given $300. No increases were allowed for the Balarles over $7,500. Craig protested: 'Ve are confronted with a plan conceived in political iniquity."105 But thle windfall Increase did not put an end to salary demands. In September, the Joint Counci-L petitioned the Board of Estimate for ana failed to secure the inclusion of a $2,500 salary In the Budget of 1921. 108 Before completing the story of the Joint Council's salary effort, we shall note its achievement on firemen's hours. The 1919 Eight-Hour-Day Bill On October 1, 1920 the two-platoon system for firemen had been extended throughout the city. Hylank 1917 campaign pledge for this schedule had not been fulfilled upon his taking office. The new schedule came only after' the most vigorous effort and then only as a compromise for the eight-hour day demand. The Joint Council'3 campaign was launched during the fall of 1918, with the endorsement of the officers' associations.107 The legislative program of the State Federation of Labor included the demand, "the first time that organized labor had made the grievance of the fire fighters its own."108 As has been noted, Spellacy conducted the firemen's lobby during the Session of 1919·10θ The campaign was a dramatic one. [ The fire lieutenants' and engineers' associations had affiliated with the International Association of Fire Fighters. ]( An aldermanic resolution supported the legislation.110 Organized citizen groups endofseà the measure, as for example, the Women's Federation of Clubs, the Knights of Columbus, the

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Capuchin Fathers, the Holy Name Society, Innumerable Protestant churches, the Democratic and Republican clubs; among the sponsors were Priai and the Civil Service Forum. 111 Movie houses projected advertising slides; mass meetings vere held not only in New York City but also throughout the state; large delegations journeyed to Albany to press for the measure. A Committee of Three toured the state - Thomas G. Spellacy, James P. Holland and O'Reilly. The Chief claimed that "tens of thousands of letters and telegrams 'have been received In behalf of the bill from all cities.1,112 Chief Kenlon went "along without protest, knowing that such apathy is making him more and more unpopular and his authority less and less effective.1,113 Fire Commissioner Drennan granted Guinness permission to speak before the legislative committee hearing; it was the first time In the history of the department that the privilege had been granted.114 "in a statement made to the representative of the New York Tribune, the chairman of the Senate Cities Committee said no bill before the legislature had the propaganda behind It such as that for the eight-hour day for firemen."115 The Uniformed Firemen's Association at the outset announced: "Tell the men to forget the two-platoons and talk three. We are out for the eight-hour day «n^ we are going to get it. . . . The Uniformed Firemen's Association is out to get justice.1,118 As usual. The Chronicle sponsored a two-platoon bill. By the middle of March the opposition to the eight-hour day measure made Itself felt; led by the Conference of Mayors, the Citizens Onloii, and the municipal administrations throughout the state.117 The cost Involved formed the core of the opposition; for New York City this was estimated at five million dollars.118 On March 11, the measure's smooth legislative sailing came to a sudden end in the Assembly's Cities Committee hearing. O'Reilly charged that Mayor Hylan had failed to keep his campaign promise on firemen's working hours. Guinness stated that the firemen were social outcasts, working twenty-one

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out of every twenty-four hours and doing a porter's work around the fire houses.118 On March 22, a special conference met at City Hall; Governor Smith, Mayor Hylan, Priai, and the leaders of the associations attended. The announcement which followed was limited to the statement: "It was decided that the firemen will be glad to work any system that Is an Improvement on the continuous duty but that the associations could not recede from the position the International Association of Pire Fighters had taken on the eight-hour day." 120 As noted, the three fire unions formed the District Council In April and the Chronicle launched Its demogogic assault. The proviso In the settlement threw light upon the subsequent confusing action in the Legislature. The original eight-hour bill was not withdrawn, but three new measures were Introduced, two of which received consideration. One provided for a referendum upon the eight-hour schedule and the other proposed an amendment to the New York City Charter establishing this schedule.121 The solid front of the firemen's lobby was broken when the Schenectady men withdrew their support, saying they were "perfectly happy" with their present schedule.122 The "log rolling, trading and dickering" legislature passed the referendum bill.123 Mayor Hylan and the Citizens' Union opposed the measure.124 Governor Smith vetoed it: "The bill provides machinery for overruling the decision of duly elected officers on a purely administrative matter by popular vote. The power of this relief lies with the elected officials."125 At the May meeting of the Uniformed Firemen's Association, "the President spoke of propaganda that had been circulated against the bill and added the organization had been opposed by men whom the firemen heretofore thought their friends." The Civil Service Chronicle came in for a round of criticism as the "enemy of the firemen."12® The charge against the District Council and The Fireman was in full swing.

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The Two-Platoon System Struggle As a part of the bargaining, It may be assumed that Mayor Hylan agreed to establish the twoplatoon schedule gradually, to be completed by January 1920. 127 The first departmental orders to this end In 1919 followed closely, June 13 and July JO. 128 Because of the political activity of the firemen against the Democratic ticket in the fall election, however, the succeeding departmental orders were delayed.129 When in operation in October*1920, the men lost in free time; a twenty-four leave was granted every sixth day whereas on the old schedule they had had one every fifth day. The 1919 campaign brought forth a departmental order re-emphasizing the fact that the men lacked the right to petition: Certain members of the Uniformed forcee are talrlng an active Interest In politics, appearing before the Legislature, Board of Aldermen and their respective ccnmlttees lh violation of Section 739 of the City Charter and the Rules and Regulation« of the 7Ire Department. Members of the Uniformed Forcee are forbidden to appear before legislative bodies or committees 2.3 O without permission from the Fire Commissioner.

For many years the employees had been sponsoring a Walker Bill which specifically provided for the right to petition. The foregoing order gave a new Impetus to the old demand. O'Reilly counted the final passage of the Burlingame Civil Rights Bill in I92O one of his important*legislative achievements.131 The I9OI-Í9II patrolmen's experience and the I904-I905 Croker test, caused the men to be wary of conditions of work determined by administrative order. The firemen's hard-won two-platoon.sohedule, therefore, pointed to a need for state legislative protection. Chief Eenlon's statement; "it was in my power to a very large extent, to make the two-platoon system a workable proposition or to destroy It, as it had been destroyed on a former occasion,1,132 supported this conviction. Thus the failure of the eight-hour measures ushered in attempts to get a two-platoon law.

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It also ushered In political reprisals levied by the firemen against Governor Smith and the Hylan ticket. In the gubernatorial election I918, Alfred E. Smith, then President of the Board of Aldermen, ran as the opponent to Governor Whitman. The uniformed associations canvassed both candidates as to their stand on the twenty-five year retirement plan for policemen and the two-platoon system for firemen. O'Reilly claimed that Governor Smith was pledged on both d e m a n d s . 1 3 3 Because Smith's margin I n the race was close, the uniformed men considered they had a claim upon him: The Chief stated, "They voted, their families voted, their friends voted all one way. The patrolmen alone cast nearly 35»000 votes for the men who favored platoons and a n equitable pension system l a w . " 1 3 4 Smith's election left a vacancy In the Board of Alderman, and the death of Borough President of Manhattan Frank L. Dowling presented the second vacancy for the I9I9 election to fill. Both offices had seats on the Board of Estimate. The HearstHylan strength in the Board of Estimate lay in Hylan's and Comptroller Craig's votée. This was offset by the Smith (succeeded by Moran)-Dowling Tammany strength. This balance made the I919 election of great importance to Tammany. It ran Robert L. Moran against the Republican party candidate Fiorello H. LaGuardia for the office of President of the Board of Alderman and Edward F. Boyle against Henry H. Curran for the office of Borough President of Manhattan. Moran's candidacy was at a disadvantage for it was rumored that he did not favor the I9I9 salary increases, 1 3 5 and had stated that the two-platoon schedule would not be department-wide at the first of the y e a r . 1 3 0 In view of his stand and the Mayor's record, the decision of the associations to support the Republican party candidates was no suprlse. On the other hand, both Enrlght and Fire Commissioner Drennan issued orders, read at roll call, In which they defended the administration and direuCly urged support. "Many say that it was resented and made the m e n more determined to administer a rebuke to the

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1,137

administration. The Republican party candidates were elected by narrow margins.138 The influence of Curran and LaGuardla in thwarting the Hylan-PrialCraig plan for the percentage distribution of the I92O salary "melon" has been mentioned earlier in this study. After the I9I9 election, Hylan's attitude toward O'Reilly and Guinness became increasingly vindictive. One reprisal was the delay in the two-platoon installation to the eve of the I92O election.139 In I92O, the firemen got the two-platoon measure through both houses of the State Legislature, but the bill lacked a provision for an extension of the municipalities1 taxing power to cover the costs of installation. As was true of so much of the legislation of this "brainstorm" session, the omission was deliberate, designed to put Governor Smith "in a hole."1,40 The Governor vetoed the bill. In the 1920 gubernatorial campaign, the men sought revenge. The patrolmen joined the firemen in endorsing the Republican party candidate Bathan L. Miller against Governor Smith. In a campaign pamphlet entitled "A Broken Promise and a Double Cross," which O'Reilly later claimed he wrote,141 Governor Smith's record was reviewed and the election of Miller urged.142 The firemen broke the otherwise solid labor endorsement for Smith, which endorsement the firemen claimed was a "double cross." That tt*e Democratic party leadership considered the uniformed men's action important was evidenced by a conference which the Governor was reported to have held with Guinness and Moran, Last veelr χ cad the honor of being summoned, together with the President of the Patrolmen' β Association, to the Blltaore Hotel by the Governor of the State of Rev York - he has got his nerve to ask us to cone up there - and he didn't do that because they like us - but they know that ve vere a power, the firemen and policemen.

Governor Smith's defeat was by a narrow margin, so again the uniformed men felt that they had demonstrated political strength. O'Reilly, commenting

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upon the election results, declared that despite the popularity of Smith with the men, "it did not prevent this local from going out and politically assassinating him, and vith success. It stopped an almost meteoric career that was traveling from a little street on the east side toward the White House."144 In I 9 2 I when Governor Miller vetoed the twoplatoon measure,145 "the men were stunned. . . . Hardly a fireman interviewed could be consoled with the knowledge that it would be political suicide for any local administration to even think of changing the present system of duty."14® The two-platoon system still functioned under the uncertain conditions attending a city departmental regulation. Chief Kenlon stated, "Whc wanted the two-platoon system? It was the Firemen, wasn't it? Well, they got it. Now if they don't watch their step we'll abolish it. Its only a departmental regulation and can be done away with at any time."147 In 1922, the measure finally became law. 148 The I92I $2500 Salary Bill The ground was now clear for a salary drive. After the I92O summer salary raise, as has been stated, the associations petitioned for a $2,500 salary.148 In the Legislative Session of 1921, both houses were controlled by a Republican party majority. Legislation which might embarrass Mayor Hylan in this election year received support. Separate measures providing the $2,500 salary for the firemen and patrolmen respectively were passed.150 Upon vetoing the measures, Hylan stated, "it has been said that it would be good politics for me to approve this bill. I will not play politics with the people's money."151 The associations forthwith presented a salary petition to \he Board of Estimate.152 Thereupon followed Hylan's landslide re-election. The combination Hearst-Tammany ticket won every place on the Board of Estimate and aljL borough offices. "It was pointed out that during the municipal election so many firemen and policemen had secretly or openly

THE TURBULENT HYLAN YEARS supported the Republican candidate that some minor Tammany leaders became hostile.1,153 O'Reilly gave evidence: "every patrolman and every fireman knov3 that Mayor Hylan was the only man In the city opposed to their Increase.1,154 After the election the usual punishments were meted out to Moran -and Guinness - transfers to Inconvenient posts. 155 The Chief (which was then controlled by Priai) commented: "After all, it is not Guinness, nor his activity, political or otherwise. He had a perfect right to support any candidate (but he had no right to permit officers connected with his association to send out scurrilous and untruthful circulars against Governor Smith and Mayor Hylan) - by the transfer to City Island, the Commissioner prac-tically nullified the Two-Platoon System in so far as it affects Guinness."lse Jeunes P. Holland of the State Federation of Labor protested the Guinness' transfer.157 With the country-wide action against firemen's unions in mind, the astonishing fact remains that no administrative action to dissolve the associations was taken, although the Rules and Regulations prohibited police affiliation. In I920, a shred of evidence indicated that Local 94 was being pressed: "President Guinness spoke on the question of affiliation with labor." In a membership meeting, a motion was carried by unanimous vote "to let the question of affiliation, 'be on the table indefinitely. ' Thus the firemen will continue to be a part of the great labor brotherhood.1,156 The 1922 Salary Effort As a preliminary to the 1922 salary drive, the Patrolmen's Benevolent Association released a study on duties and salaries.159 Separate bills were again Introduced in the state legislature. The significant fact in this year was the direct legislative effort of the Civil Service Forum and the officers' associations to defeat the measures. Their attack was three-pronged - two counter legislative measures and a publicity campaign against the men. The first bill proposed that the existing $2,280 salary be made

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mandatory. The second bill, based upon the assumption that the present salary schedule caused the city to exceed its debt limit and therefore was Invalid, proposed a Charter amendment which would raise the debt limit. 1 8 0 To discredit the associations, the Forum appointed a committee "to draw up the record of the activities of the Board of Officers and the Social Secretary of the Patrolmen's and the Uniformed Firemen's Association which have tended to injure the interests of not only the firemen and patrolmen but the other civil employees." The officers were accused of "freehand and ruin [sic] methods. . . and [of] connivance with up-State politicians." 1 ® 1 In the complicated legislative maneuvering, the $2500 salary measure managed to pass both houses on the last day of the session, too late to be passed over the Mayor's veto. 1 8 2 In the fall of 1922, Moran and Guinness sought the $2,500 salary in the Board of Estimate budget hearings. 1 8 3 The Mayor's conduct toward the firemen exhibited his antagonism. After reminding Guinness that the firemen had received $780 during the past four years, the Mayor said, "You know that there Is no chance of them getting an Increase at this time and you are only here to embarrass the administration." Upon Guinness answer, "Nobody ever objeoted to the higher ranks getting $1,500 in increases and easy berths," the Mayor threatened to take the station house beds away and added, "I'll see to It that you can't get too much sleep. 1,184 At a subsequent hearing, Guinness enraged the fire officers. He said, "The firemen of New York City ere not treated fairly by the Board of Estimate and the prisoners on Hart's Island are treated better than the firemen are." 1 8 5 The Mayor used an old maneuver designed to break the unity of the uniformed men. He praised the police force - Enright's mismanagement was receiving public criticism at the time - and stated, "There LB no department I'd be more in favor of giving a salary Increase to than to the Police Department. They have done splendid work. 1 1 1 8 8

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The 1923 Salary Gain The failures of 1921 and I922 caused the Joint Council to turn to another means. In 1923» the Idea of securing legislation authorizing a referendum, as had been used in the I919 eight-hour measure, vas applied to a salary bill. Both a referendum measure and a mandatory salary bill were introduced, Jointly covering the two services. O'Reilly stated, "it was the intention of Senator Burli rigame to have twç separate measures. However with the power intrusted to me by the P.B.A. and the U.P.A., I deemed It best to combine the two first grade groups."187 The Mayor vetoed the mandatory bill and approved the referendum one. Priai stated, "Mayor Hylan has done the right thing in signing the Police-Fire Referendum salary bill, and in accordance with Governor Smith's home rule policy it is a foregone conclusion that he will also approve the measure.ιι1ββ The Citizens Union stated that the bill passed "with virtually no opposition and (was) signed by the Governor. Violates every sound principle of good municipal administration. " 1 β β As a portion of the political pattern, It must be mentioned that the administration was under severe attack, that the measure placed the onus of rising budgets upon the people, and that the men had given the officers' associations the assurance that they would not compete for increases when the Budget of I925 came up for consideration.170 What part, if any, the passage of the Home Rule Amendment played is not known, however, the men secured an exemption from the provisions when in 1924 the Enabling Act was passed.171 The drive for a better than ordinary plurality on the salary referendum swung into- action with the support of the Mayor, the officers' associations and the Forum. The officers of the rank-and-file associations were granted leaves of absence so that they might conduct the campaign.172 Priai spoke for the cause. Comptroller Craig refuted.his 1922 claim that the Increase Infringed the debt limit of the city. 173 Boss Charles F. Murphy sent a telegram to all district

FIREMEN'S AMD PATROLMEN'S UNIONS leaders on October 9, urging that they "use every endeavor to secure a full registration" and that the referendum be supported. 1 7 4 Unexpected press and public support also appeared. Rodman Wanamaker distributed an eloquent pamphlet, "The Iron Lions of Bravery," which O'Reilly considered of great Import a n c e . 1 7 5 The press, while condemning the referendum as a method, blamed the city government and supported it as a means of last resort. The New York Times stated, "They cannot, like a labor union, strike to enforce their demands. They have secured the passage at Albany of bills in their favor, only to see the measures vetoed by the city authorities. Their appeals to the Board of Estimate have been rejected." The Evening World called attention to the fact that the increase was only a matter of $ 1 8 . 3 3 a m o n t h . 1 7 6 The vote was overwhelmingly in favor of the Increase, 773»908 to 1 8 5 , 6 5 1 . The city vote on the Home Rule Amendment was 603,548 to 1 9 0 , 8 1 9 . 1 7 7 A salary jump of $1,000 in six years was no m e a n achievement. The men appreciatively credited it to the unity achieved In the Joint Council. Before the firemen and the cope saw fit to get together ve were going along getting a little M t , tut when we organized with the cops and the firemen we got a whole lot more. What the firemen have today In New York City, I give as much credit to the cops in the city as I do to the firemen. . . .They are not the same organization, but Just a close co-operation, for the good and welfare of both organizations. . . .It is an absolute moral support between the cops and the firemen In New York . . . .We would not have made the progress that we have made In New York City if it had not been for this co-operation. 178

O'Reilly's Important role in getting and keeping this unity was recognized. A special feature article on O'Reilly stated: Joseph is more than a social secretary. He is confidential advisor and unofficial field marshall of the city's armies of peace. . . .When a man promotes and maintains peace, friendship, and team work between 12,311 police and 5,100 firemen - that man is a diplomat. 1 7 8

THE TURBULENT HÏLAN YEARS In no other city had such unity

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been achieved.

The Veteran Issue in the Patrolmen's Benevolent Association In 1924, however, the internal unity of each association came under severe strain when a cleavage between veteran and non-veteran groups occurred. In I92Q legislation had enabled the municipalities to pay the reinstated men who had enlisted in the federal military forces without consent of the Mayor, the difference between the compensation they would have received on the job and what they were paid by the United States.180 The Joint Council Issued a pamphlet in support of this additional payment.181 In 1921, the Baunes-Martin Veterans Preference Amendment had passed in the legislature the second tine and came to referendum vote that fall. The police and firemen's associations joined all the other civil service associations and the Civil Service Reform Association in an effort to defeat the legislation and later the referendum.182 The firemen and patrolmen dramatized their opposition; the bill was designated "Professional Americanism." Accompanied by church representatives and their Ladles Auxiliaries, the leaders went to Albany to lobby against the measure. O'Reilly said that "Every dollar in the treasuries of the associations, every ounce of energy and strategy that could be commanded were put to work to defeat the referendum.1,183 In the International Association of Fire Fighters' annual convention that fall, the Hew York City local secured a resolution condemning any sweeping preference, and the national association went on record for a nation-wide campaign against veteran's preference.184 In 1924, a movement to secure special retirement preference for veterans in the police force reached the State Legislature. After I919 police had been eligible for retirement after twenty-five years of service.18S The proposed legislation sought preferential twenty-year service requirement for veterans. The Joint Council exerted pressure to defeat the bill but only the Governor's veto

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stopped it. 1 8 ® The defeat of the measure was followed by the resignation of 4,000 members from the Patrolmen's Benevolent -Association. The core of the dissonance was the charge that the officers of the patrolmen's Association had been pledged to remain neutral on the special retirement b i l l . 1 8 7 However, an Internal tension had existed during the 1923 salary campaign, for the seceding veterans claimed that they had conducted a separate campaign for the reason that "you did not care for our co-operation. Π 1 8 8 The secessionists were members of General LaFayette Police Post, No. 460 in the American Legion. The Post Commander and leader of the group, one Edward P. Moran, held a special*detail In the Chief Inspector's office. 1 8 8 Enrlght'e political strength in Albany and his use of choice assignments to favorites and coercions of the recalcitrant were related to the success of the legislation and to the opinion that the movement was administration-sponsored. Joseph P· Moran, president of the Patrolmen's Benevolent Association did not answer the secessionists' charges during the controversy. He argued that the officers of the Post had the support of only a portion of the veterans, that those who seceded had "been useless to the progress of the police force," and that they had been active using "every means at their command to split the Police Force Into veteran and non-veteran groups." 1 9 0 Guinness charged that the majority of the Post's officers held soft berths at Headquarters. 1 ® 1 In the Association's October meeting, a resolution was passed cabling upon the veterans who retained their membership "to join with the non-veterans In a deserved condemnation of the men who were willing to sacrifice the welfare of their comrades and of the department." 1 ® 2 During the next four years, the men trekked back to membership in the Patrolmen's Benevolent Associatlon. 1 9 3

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A Ve te rein Demand In the Fire Department Unrest was also evident in the Uniformed Firemen's Association. Retirement preference was not the Issue, for all firemen stood in a favored pension position. The men could retire after a twenty-year service and made no contribution to the pension fund. In 1924, however, the veterans asked for an extra twentyfour hour leave on Memorial day. 184 For years it had been standard practice to make, a Memorial Day provision for veterans. The leave was within the allowed schedule,195 arranged for by an exchange of tours with non-veterans. Guinness, a veteran, took Immediate notice of the demand for an extra leave. "The Uniformed Firemen's Association is unalterably against one group of firemen getting something at the expense of the others. . . .there are very few firemen who would willingly demand that a comrade go twelve days without a day off in order that he might have the privilege of an extra twenty-four hour leave on Memorial Day." 1θβ The usual exchange of tours of duty and days off was arranged for. 187 The synchronous emergence of the veterans' issue in both the firemen's and patrolmen's associations and the coincidence that the leadership within the secessionist factions arose from the administratively favored, men, supported the general opinion that the faction was Hylan-Inspired. Nor was this the first attempt to break the unity, within each association and between the two associations. In 1921, Priai tried to discredit the patrolmen's Association. He organized a special committee representing the numerous endowment associations, to represent the men in an effort-to secure the re-establishment of the ten-squad system. Enright had placed the men on longer hours. 198 Throughout the galary struggle, I92O-I922, Hylan favored the police aad' vltuperatively attacked O'Reilly. In the face of the general demoralization of the police department,1ββ the unity within the Joint Council calls for special comment. Generally the men have "pxayed the gamu as tney found It."

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The Hylan period was no exception to this, for in I922 when the Citizens Union moved for Enright's removal,200 the Patrolmen's Benevolent Association passed a resolution of confidence in support of the Commissioner. 201 Internal Affairs in the Patrolmen's Benevolent Association The patrolmen's Association drew its strength from the Joint Council and from the Moran leadership. Even during the heat of the I918-I939 difficulties, Moran held the confidence of the men. At the time, the Civil Service Chronicle argued that the members were losing control of the Association and that there was no need for "the assistance of a salaried outsider."202 The paper sponsored an opposition ticket headed by a Daniel Cullinane. Moran found it necessary to answer the charges of-the Civil Service 203 •1 • • Chronicle, but his margin over Cullinane in the election indicated real strength.204 The Association subsequently moved to gain power through an alliance with the police associations throughout the state. Moran had advocated a reorganized State Patrolmen 20SAssociation at the time of the 1914 withdrawal. Now despite a departmental rule, which vaguely and yet sweeplngly prohibited affiliations, Moran founded the State Police Conference, In I925, with a nucleus of five associations.206 The affiliated associations hold a yearly conference for the purpose of drawing up state legislative programs. The officers are in constant telephone communication with each other. The Conference grew rapidly for "the police departments in the State of New York are organized 100#, from the City of Buffalo down to our small town, the City of New York.1,207 At no time did the legislative programs of the Patrolmen's Benevolent Association rise above the old demands which reappear year after year : salary increases, the permanency of all ranks and the present salaries, abolition of indefinite suspensions, and full pay during suspension. After the

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I923 salary increase, dues were raised to $1.00 a month and the death benefit to $300. 208 O'Reilly's salary was $3,000 from the patrolmen's and $2,500 from the firemen's association.208 In 1922, Moran's expense money was $1,020 a year and the Association presented him with a $10,000 home. 210 Internal Affairs in the Firemen's Union The continuity In leadership and the independent role Guinness played made a large contribution to the coheslveness which characterized the Uniformed Firemen's Association during the Hylan years. Dramatic events were not lacking. The Labor Day march "when every man who appeared In that line of march knew he was marked for dismissal but was willing to pay the price under the inspired leadership of Al Guinness,1,211 and his Immediate transfer were memorable. After the salary campaign and the election activity in 1921, the second Guinness transfer caused Priai to say, "Put him on trial and possibly break him, so he could go forward as the martyred president of the firemen's association and guarantee himself the permanent presidency of that organization - not on your life." 212 More than all, the Association's record of activity and achievement after the impotence of the Firemen's Mutual also contributed to the unity of the Association. O'Reilly enthusiastically summarized the I 9 2 0 accomplishments: "Salary of $1,900 raised to $2,280, right of appeal is law, two-platoons from Yonkers boundary to the shores of Far Rockaway.1,213 Finally there was the return of Guinness to his home station after six years of "exile," for on the eve of the mayoralty primary, Hylan added to the prominence of Guinness by ordering the third transfer. "The case of Alfred E. Guinness will make members of the fire force do a little thinking.1,214 The strength of the Association was also deeply rooted in membership control. The constitution as Issued in 19^0 is substantially the original one. This largest firemen's union has continuously

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operated under a democratic constitution. It Is secure against higher rank or retired men's domination. Promoted, retired, resigned or dismissed members may retain membership and receive the Insurance benefits, but they are ineligible for office and the vote, and can only attend meetings as invited guests after a membership meeting's approval. This article In the constitution is placed beyond repeal, revocation, or amendment.215 Officers are elected by membership vote on a secret ballot. Candidates are eligible for re-election, and the terms of office are for two years.210 (Annual elections were required to 1930.) W i t h a n exception made for the members of the Board of Trustees, no officer may hold a n office In any other Fire Department a s s o c i a t i o n . 2 1 7 Membership participation in the elections is facilitated by allowing a full day for the casting of votes and for absentee voting through authorization to the Secretary. Questions may be referred to referenda, a n d the decisions are binding. The m e n of each borough are represented in the Board of Trustees, and this body has the duty of pre-audit and post-audit of all accounts and the preparation of the annual statement.2 1 β E a c h fire company elects a delegate. The delegates receive all dues and special assessments, and notify the Financial and Recording Secretaries of all changes In the c o m p a n y . 2 2 0 The membership meeting is the policy determining body. No member may use the public press for election purposes nor copy or have printed the financial standing of the 221

Association. The Association gives a n annual entertainment whose proceeds are used for firemen'8 relief. The first entertainment was held January 11, I9I8. A monthly ticket assessment of twenty-five cents, monthly regular dues of $1.00, and a n annual additional fee of $1.00 comprise the regular assessments. The death benefit is $ 2 5 0 . 2 2 2 No constitutional provision was made for officer "expense money. The Association's external alliances were limited. The firemen's union was not closely united

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with organized labor;224 but it played a role commensurate to its size in the International Association of Fire Fighters. There Guinness1 policy was to limit the national association "absolutely to firemanic matters."225 In I9I9, the idea of forming a state association for the fire fighters1 unions in New York State was enthusiastically discussed,22e but was dropped after the Boston Police Strike and after the Schenectady local broke the united front in the 1 9 1 9 eight-hour day campaign. In 1922, however, the New York City local was active in trying to organize firemen's associations in the state.227 In summary, the Hylan period calls attention to the unique place of O'Reilly in the associations' councils and to. the patrolmen'e and firemen's collaboration through the Joint Council. With unity and an agent of O'Reilly's calibre and dedication, the two largest employee associations in New York City had strength throughout a period during which organized labor and public employee associations steadily lost ground and during which other Hew York City employee associations were held Impotent under Priai's untrustworthy leadership. The uniformed men's experience strengthens the opinion that the organized men need a public relations counsel and skillful legislative lobbyist. The job calls for an independent person not in the employ of the municipality; a person of talent, fully trusted by the men and fully Informed. On the other hand, the associations' experience indicates that resort to election reprisals, even when successful, produces a small return and is always hazardous. It may be assumed that affiliation with organized labor strengthened the Joint Council although the patrolmen were outside. The threat of a patrolmen's strike brought the largest single increase and the last to be granted by the administration through responsible action on the budget. Lastly, the danger of officer association opposition to rank-and-file demands was again demonstrated.

Chapter V "GOING ALONG" DURING THE WALKER ADMINISTRATION 1926-193^ THE QUICK-WITTED AND CHARMING Mayor James J. Walker brought a change to the tension-charged emplcyei-employee atmosphere. Walker was well known to all municipal employees. The Chief stated that "For sixteen years this candidate in season and out of season has voted for bills that gave them relief from oppression, from gag rule, and from starvation wages."1 Priai and the Civil Service Forum aetutely followed Boss Murphy, supported Walker as against Hylan in the primary contest, and guessed right.2 But the uniformed men were more circumspect. The Chief indicated their election interest: "it is however advisable that policemen and firemen do not voluntarily voice their sentiments except where those who hear are relatives and personal friends."3 During the lawless prohibition era, Walker gave the smooth running political machine six years of opportunity for graft. The only change made in Hylan policies was one from tension to an administrative atmosphere of friendliness and an attitude of irresponsibility. The men got neither help nor hindrance. Associatlonal practices followed old channels and pursued old demands. Following Guinness1 death in March 1927, the Joint Council gradually dissolved. O'Reilly's influence in the firemen 's Association gradually became attenuated as Vincent J. Kane rose to power. As the Joint Council weakened, the associations entered other alliances. The patrolmen became more closely and exclusively associated with the police line associations and with the State Police Conference; the firemen worked more closely with organized labor on both state and local levels. Then in I93I-I932, a 142

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temporary unity among all the municipal employee associations vas effected. The Allied Civil Service Conference co-ordinated the employee effort against the retrenchment forces pressing for salary reductions . When the depression settled upon the richest city In our country, the civic reform associations were superseded by tax reduction economy groups. These ably led and adequately financed associations differed In purpose from the reform civic groups. They were not Interested In good government In terms of adequate public services efficiently and honestly managed. To them good government was economical management. They were even lees concerned with personnel management than the reform groups had been. Their primary purpose was to secure a reduction In the municipal budget and thereby win tax reductions. They did not represent the small home owners nor tenement dwellers seeking lowered rents from landlords. They represented the great realty Interests, the landlords, the banks, and the corporate enterprises. In I950, the reform groups forced a legislative Investigation Into the conduct of the City's affairs which brought the resignation of the dapper Mayor. Thereupon the economy groups with the Republican party machine joined the civic associations in an alliance to defeat Tammany. The economy groups advised the creditor bankers on the handling of th& City's loans. The bankers recognized that reduction of personnel and wages was the direct course to speedy reduction of budgets. The municipal employees were at a tremendous disadvantage in the struggle against the economy groups. With the exception of the teachers and the uniformed men, they were virtually unorganized. Those organized lacked a vital co-ordinating body with political experience. Such was the fruit of the Tammany regime and the Priai leadership. The employees were faced by the shrewdest lawyers, by marshalled facts, and specifically framed legislative proposals which out wages from the least to the highest paid and

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threatened all salary scales and pension systems. A smooth-running and strong legislative lobby pressed for the economy program. It was made powerful by the panic which seized the general public as the depression mounted and deepened and as the revelations of waste and corruption which the Seabury Investigations made public were comprehended. In 1952, the discredited politicians, faced with the Impending bankruptcy of the world's richest city, were forced to take orders from the economy groups. Mayor Walker's Police Commissloners and the Patrolmen 's Benevolent Association The management of the police department under a succession of five commissioners Is of necessity knit with the affairs of thè patrolmen's Association. Mayor Walker's first appointment Indicated to many a real attempt to rid the department of Its past mismanagement. George V. McLaughlin, a former State Superintendent of Banks, was appointed. He had a reputation of being "a strong and upright man and one fiercely honest. Above all he eschewed politics and politicians."'4 McLaughlin forthwith got rid of the army of Enrlght favorites, discontinued the annual police banquets, stopped the peddling of tickets and the favored assignments to sinecures.5 In the Woods manner he established contact with the men as individuals; he "abolished the system, In vogue for decades, by which the only way a patrolman was able to approach the.Commissioner was through his Captain, then through the Chief Inspector. He sent out word that his door was always open to any cop with a grievance or a.request and it was always open."® The Commissioner had the support of the men; thefy regarded him as a "square boss."7 His zeal' against professional gambling caused the gamblers to resort to the political clubs as safe places for operating.8 McLaughlin ordered raids on the clubs, and when an alderman was among those arrested,® his resignation closely followed.10 Commissioner Joseph A. Warren's twenty-month tenure followed. Warren was the Mayor's one time law

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partner and legislative colleague, and admittedly subservient to the petty bosses. The management of the department was left to the experienced police officers in close collaboration with the district leaders.11 Within a year, however, it was reported that Tammany circles evidenced dissatisfaction with Warren.12 The police inspectors, it was said, resented the assignment of Deputy Inspector Valentine to investigate complaints against members of the force.13 The immediate cause for Warren's resignation was the Investigation of the murder of Arnold Rothstein, (November 4, I928), a gambler connected with Tammany leader George McManus and a narcotic ring. Although ineffectual, the investigation was resented by Tammany as coming too close to its activities.14 Mayor Walker's third appointment went to Grover A. Whalen. Whalen had been active in the Hylan administration but went over to Walker in I925. His appointment was said to have been made to detach Hearst from a Hylan candidacy in I929.15 In Raymond C. Moley's opinion the appointment was not "because of any special aptitude in the administration of justice but wholly because of his ability to dramatize."1® There was need to divert the public's attention from police conditions. Wide-spread graft and political favoritism prevailed in the department.17 Whalen played up the traffic problem and the Communist "menace." In March 1930, the police brutalities toward the communists came to public attention, and Norman Thomas' demand for Whalen's removal received wide support.18 Upon Whalen's resignation, May 20, 1930, the fourth commissioner took office, Police Inspector Edward P. Mulrooney. Within three months the Justices of the Appellate Division of the Supreme Court of the First Judicial Department appointed Supreme Court Judge Samuel Seabury to investigate the Magistrates Courts of Manhattan and the Bronx. The findings caused Richard S. Childs, president of the City Club, to file charges against District Attorney

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Thomas C. T. Crain. Thereupon Governor Roosevelt appointed Judge Seabury to conduct the Crain Investigat i o n . 1 9 The third step In uncovering the mismanagement of the administration was taken April 8, 1931. Upon the Initiative of W. Kingsland Macy, and after the City Affairs Committee had filed a petition w i t h Governor Roosevelt for Walker's removal from office, the State Legislature appointed a joint committee to investigate the various departments of the City of New York. Judge Seabury was again appointed as counsel for this, the Hofstader Committee. In 1932, the city was aroused by the reports from the three investigations. The Mayor resigned September first, following the Governor's investigation of the charges Judge Seabury had submitted against the M a y o r . 2 0 President of the Board of Alderman Joseph V. McKee, who did not have Tammany Boss John F. Curry's support, became acting mayor. Tammany thereupon moved to have the Walker vacancy filled by a run-off election. In this election John P. O'Brien, the Democratic candidate, w o n . 2 1 Four months later another change In police commissioners took place. In April 1933» Commissioner Mulrooney resigned after his appointment to the State Liquor Control Board by Governor Lehman. Deputy Chief Inspector James S. Bolan was appointed. It was generally recognized that the changes were a part of a larger political maneuver preparatory to the mayoralty election of 1 9 3 3 · 2 2 The officers of the Patrolmen's Benevolent Association remained In favor at Headquarters throughout the period. Both Commissioner McLaughlin and W a r r e n were invited to the yearly conference held at the Police Recreation C a m p . 2 3 The Chief mentioned the fact that "The name of President Joseph P. Moran has been under consideration for one of the deputy commissionerships. The president and the new commissioner (Whalen) are old friends." 2 4 Whalen was "in the PBA corner and President Moran has his confidence and cooperation. 1 1 2 5 During the difficult days of the Seabury disclosures, the Patrolmen's Benevolent

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Association ran advertisements in the metropolitan newspapers in defense of the force.28 Fortunately no officer of the Association was implicated. The continued and unopposed re-election of Moran and Vice President George Mulrooney indicated an internal harmony among the Association's delegates and the officers. O'Reilly remained their closest adviser to his death in 1933· As the Joint Council came to an end a closer collaboration with police line associations was pursued.27 The membership of the Patrolmen's Benevolent Association was large, la 1932 was over 18,000, and at no time during the period was it less than 90 percent of those eligible for membership.28 The Association boasted of a treasury of over three-quarters of a million dollars and of having paid out over the period of its existence more than a million dollars to widows and orphans.29 The Internal Affairs in the Firemen's Union In contrast to the consolidated leadership in the patrolmen's Association, the unexpected death of Guinness in March, 1927» opened a four-year period, I927-I93I, during which the leadership In the Uniformed Firemen's Association was contested.30 A strong faction, led by Vincent J. Kane, wanted closer cooperation with organlzèd labor. Antion Holterback completed Guinness' unexpired term. "The ideas of the late President Guinness and Vice-President Holterback on questions relating to the organization and its welfare did not always agree, but Holterback invariably followed his superior with the determination to make all actions on the Association's questions unanimous."31 Against four other candidates, Holterback won in the December I927 election.32 But the next year, on the eve of the I929 salary drive, the tensions were such that he withdrew his candidacy "in the interest of harmony and for the welfare of „ 3 3

the cause. Lawrence J. Gorman was unopposed in this election, although his bid for leadership followed ontLy one year's service as an officer In the Association.34 The year following, with Vincent J.

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Kane t h e v i c e - p r e s i d e n t l a i c a n d i d a t e , Gorman won by a b e t t e r t h a n s i x t o one v o t e . 3 5 The "Old Guard" was d i s p l a c e d . The m e e t i n g on A p r i l 1930, however, e v i d e n c e d f u r t h e r I n t e r nal disturbance. O ' R e i l l y t r i e d t o r e s i g n , "because t h e Firemen r e f u s e d t o I n c r e a s e h i s s a l a r y a s t h e Policemen had d o n e . " 3 6 The r e s i g n a t i o n , p r o b a b l y r e l a t e d t o t h e l a u n c h i n g of a d r i v e f o r an e i g h t - h o u r day, was I g n o r e d , and he was g i v e n a v o t e of c o n f i d e n c e . Of O ' R e i l l y I t was s a i d , "He g o t a l o n g s p l e n d i d l y w i t h t h e p a t r o l m e n , b u t n o t so smoothly w i t h t h e f i r e m e n , y e t he was a t h e a r t a f i r e m a n h i m s e l f . Perhaps I t was b e c a u s e t h e f i r e m e n a r e more r e e t l e s s than t h e cops - t e m p e r a m e n t a l l y d i f f e r e n t - t h e i r job makes them t h a t w a y . 1 , 3 7 Then, d u r i n g t h e summer, Gorman r e s i g n e d " f o r r e a s o n s of h e a l t h . 1 , 3 8 Vincent J . Kane completed t h e u n e x p i r e d tefrm; In December I93O he r a n f o r t h e p r e s i d e n c y and w o n . 3 8 The Ass o c i a t i o n ' s c o n s t i t u t i o n was amended a t t h a t time t o p r o v i d e t w o - y e a r terme f o r a l l o f f i c e r s w i t h an e l e c t i o n i n J u n e . I n t h e June 1931> Kane was r e - e l e c t e d . * 3 He h e l d t h e o f f i c e u n t i l 19^5Vincent J . Kane had a l a b o r b a c k g r o u n d . 4 1 As t h e p r e s i d e n t of t h e l a r g e s t l o c a l i n t h e I n t e r n a t i o n a l A s s o c i a t i o n of F i r e F i g h t e r s , he r o s e r a p i d l y t o a p o s i t i o n of l e a d e r s h i p In n a t i o n a l and s t a t e f l r e m a n l c a f f a i r s a s w e l l a s i n s t a t e and c i t y l a b o r c i r c l e s . From 1929» he c o n t i n u o u s l y h e l d a v i c e - p r e s i d e n c y i n t h e I n t e r n a t i o n a l A s s o c i a t i o n I n c h a r g e of t h e F i r s t D i s t r i c t , which i n c l u d e s t h e f i r e f i g h t e r s unions of New J e r s e y , P e n n s y l v a n i a and New York. I n August 1933 he was e l e c t e d t o a v i c e - p r e s i d e n c y of t h e New York S t a t e F e d e r a t i o n of L a b o r . 4 2 I n 1939 he was e l e c t e d t o t h e E x e c u t i v e C o u n c i l of t h e C e n t r a l T r a d e s and Labor Council, t h e d i r e c t i n g body of A.F. of L. unions In New York C i t y . The f i r e m e n ' s union had made p o s s i b l e t h e development of a l a b o r - p o l i t i c i a n . During h i s leadership the c l o s e ' c o - o p e r a t i o n with a l l labor f o r c e s became e s t a b l i s h e d p o l i c y . I n 1932 t h e Ass o c i a t i o n could b o a s t of a membership of 5 , 6 1 4 , w i t h only f o r t y men n o t e n r o l l e d . The non-members were

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said to be "assigned as sinecures detailed at Headquarters."43 In 1 9 2 8 a treasury of $250,000 was reported." 14 After two large campaigns, it was announced, "We have $186,000 In the U.F.A. treasury. 1 1 4 9 In I95I James F. Chambers was employed as business secretary of the Association. (in August, 1932 O'Reilly withdrew from the Association.) He described the expanded activities of the Association as follows: [It] looks after their Interests while they are alive, and then carries on the good, work for the dear ones they leave behind. . . .Today it is the strongest and most active organization of Its kind In the world. . . .The activities encompas^ a greater scope than ever before In Its history. Welfare work and organization functions are put into effect and carried out with quiet success that bespeaks of a smooth running machine. . . .The maimed and crippled members are cared for and supplied with artificial limbs, braces, etc. . . .It provides such selfimposed protection for he cannot hope to obtain these benefits from the regular line Insurance companies. Aside from the purely fraternal activities the association maintains a strict surveillance of all proposed legislation both local and statewide. . . .Through Ite affiliation with labor and other connections It Is In a position to call to Its side forces that are an asset.48 The regular January entertainment, the distribution of Christmas baskets to firemen's families in need, and a September boat-ride and picnic were added social f e a t u r e s . 4 7 The delay in establishing a state association of the firemen's unions as the police had effected for patrolmen's associations, may be attributed to several factors. Unaffiliated firemen's associations were and still are dominant in New York State. Longestablished central co-ordinating bodies have served the local associations: the Firemen's Association of the State of New York uniting all volunteer companies, and the New Y o r k State Permanent Firemen's Association uniting the firemen's associations. Iii many municipalities, large and small, sentiment toward

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affiliation with organized labor had never been etrong. This Is reflected In the small number of firemen's unions. As late In 1938, there were only twelve unionized fire departments. The delay In founding a state firemen's union organization may be related to the New York City local's unfortunate experience with an upstate local. (in 1919 the Schenectady men withdrew from the eight-hour day drive.) Then again, the New York City local had survived the nation-wide prohibition against unionized firemen. Since Its own existence and the existence of the other locals depended upon tacit administrative consent, wise leadership precluded unnecessary extensions of activity. In 1928, In a more friendly administrative atmosphere and at a time when a salary campaign needed state-wide aid, Holterback Invited the firemen's unions to send representatives to the annual February entertainment at the expense of Local 94. A conference followed the entertainment.4® This marked the beginning·of annual meetings and subsequent joint action. The Eight-Hour Drive in I927 In 1928 and I929 the Joint Council continued to press for a salary Increase. In 1932-193^, the associations opposed the salary cuts. In 1927 the firemen's union pushed gently for the eight-hour day, while during I93O-I932 it was sought through a strenuous campaign. The patrolmen, due to Enrlght's record of lengthening working hours as a coercive measure, sought and secured state legislation granting the men a twenty-four hour rest in every calendar week. 48 In 1935 the police reserve duty was abolished.50 The force then had the clear eight-hour schedule with a fourteen day vacation after one year's service. Both firemen and patrolmen secured relief from civil liability for accidents incurred while driving department vehicles.51 In the fall of I926, an incident occurred which demonstrated how easily the two-platoon system with all its state legislative protection could be suspended by a departmental order. The men were

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commanded to drill during overtime hours In preparation for a parade and an exhibition oí* their work* Both were to be filmed by a moving picture company for a commercial picture, "The Pire Brigade." The men uncovered the fact that the International Association of Engineers had a contract providing the association with twenty-five percent of the proceeds of the production. A New York City fireman, speaking before the annual convention of the International Association of Fire Fighters, complained: "The officers' associations go Into the firemen's organizations and tell them anything that they want to. Do they tell you the truth? No, you did not hear the least lota on It (concerning the fire picture)."52 When the men protested the overtime duty, Chief Kenlon suspended the two-platoon system. The Uniformed Firemen's Association threatened that "unless the order Is changed a special meeting of the firemen will be held to decide upon court action.1,53 A mass meeting on the City Hall steps was also threatened. Guinness said, "For eight years the firemen of this city humbly swallowed tough turkey, and when Jimmy Walker became Mayor we felt that our rights during his term would be zealously guarded."54 The Immediate and dramatic action caused the schedule to be re-established. From this altercation, Guinness came to the annual convention of the International Association of Fire Fighters for support of an eight-hour day drive. Guinness wanted to "take the club house feature out of the fire department. . . .1 would cart every piano and every pool table, every talking machine out of the houses, and put the firemen on an eight-hour straight working day." 5S The International Association of Fire Fighters adopted the demand as Its program. Probably because of confidence In the Walker administration, the campaign for the eight-hour day was directed to secure local action. Moreover the aldermanlc bill and a petition to the Board of Estimate, covering both the firemen and patrolmen, did

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not reach these bodies until after Guinness' death. 50 Hearings on the measure In the Board of Alderman were delayed until the fall. At that time, Chief Kenlon registered his disapproval and estimated the cost at $2,700,000 for the additional 1,500 firemen.57 The Board of Estimate decided to postpone Its decision until after the election. A threat of political reprisal followed: "The 23,000 members of the uniformed police and firemen's associations were urged by their officers in a letter sent to them yesterday, to show by their vote on Election Day, their disappointment In the failure of the Board of Estimate to grant them an eight-hour day. . . .The members of the two forces could influence 500»000 votes it was claimed."5β The 1928 Salary Drive The net result of what on the surface appeared as a fallow year became apparent In I928. The politicians were ready to bargain, to substitute a salary Increase through state legislation for the firemen's eight-hour day. Prom the viewpoint of Democratic party strategy, the time was opportune to sponsor the salary demand. If it was presented as a permissive referendum bill, the local administration could escape responsibility for the Increases In the budget should the measure be affirmed. Should it fail, the responsibility would rest upon the Republican-controlled legislature or on the general public. It was of first Importance to the party that Smith carry the state In the presidential election that fall, and to do so the ticket must carry by a strong majority In the city. So the Kennedy-Dennan Bill, a duplicate of the successful $2,500 salary bill, providing for a $5,000 minimum salary Çor first-grade firemen and patrolmen, was introduced In the Session of 1928.5Θ Omnipresent Priai used the old O'Reilly argument in his support of the measure: "If the salaries of patrolmen and firemen are increased, the salaries of their officers must be raised. Thus a new standard of wages would be established for certain groups

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of employees and other groups would benefit thereby."60 In spite of a campaign of letters and telegrams, the Mayor's support, and Moran with Holterback: and O'Reilly actively lobbying for the Kennedy-Dennan Bill, it failed In the Assembly during the last day of the session. 6 2 O'Reilly placed the responsibility of its failure upon the two Republican leaders, Joseph McGinnies and Russell G. Dunmore. 6 3 The joint resolution of the two associations stated: Whereas, a till providing for such a referendum with an executive message, notwithstanding endorsement of the press, by organized labor, and by civic bodies generally, was killed without discussion and without roll call in the final hour of the Assembly session by Majority Leader Russell G. Dunmore of Utica, after it had received the unanimous vote of the Senate; be it Resolved that the Patrolmen's Benevolent Association and the Uniformed Firemen's Association hereby express to his Excellency Alfred E. Smith, Governor of the State of New York and to His Honor James J. Walker, Mayor of the City of New York, the gratitude of 20,000 patrolmen and firemen and their families for the latest demonstration of their interest in the welfare of the men who perform police and fire duty. 8 4

In the election that fall, Smith carried the city but lost the state. The gubernatorial race was close: Franklin D. Roosevelt came in by a narrow margin. It is interesting to note that in the City of New York the vote for Roosevelt was larger than the vote for Smith, indeed, had the vote for Roosevelt in Queens and Richmond been given to Smith, he would have carried New York State. In a situation as delicately poised as that the uniformed men's vote was obviously important. The 1929 Salary Gain The 1928 and I929 drive for referendum legislation on a salary increase must be viewed in the light of the administration's budgetary policy - one of rewarding the faithful (who were placed In influential directive posts exempt from civil service

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requirements) while neglecting the vast majority of the workers in the low salary brackets. During the first Walker administration, the assessed valuations on real estate In the city had been Increased by one billion a year.® 5 The practice of placing a lump sum of a million or two Into the budget, ostenslvely to Increase the salaries of the lower-paid employees, had become established. This sum was distributed by the director of the budget, a Tammany district leader, after the budget was In operation. In the 1927 distribution the exempt employees received Increases of 10 percent or better, whereas the clerical and per diem labor force got a 1 percent Increase. 0 0 Priai berated the "Budget Cry-Babies," who, he said, were raising "the usual cry of extravagance from the reformers and partisan p r e s s . " 0 7 As the preparations for the reIntroduction of the·uniformed men's salary bill got under way, both Priai and the Mayor gave the movement their support. The Mayor declared "I make no apology for the largest budget of the City of New York. ...the referendum is the best medium at this time for getting the result and when the opportunity comes I will cast my vote for an increase of the salary for the uniformed forces of the c i t y . " 6 8 The associations did not press him for responsible action through the Board of Estimate. The impending mayoralty election made the Session of 1929 favorable to salary legislation. George K. Morris, the Republican State Committee Chairman, expressed regret that the I 9 2 8 bill had not passed. θ θ Holterback moved to get wider state support when he Invited the firemen's unions to the 1929 Annual Entertainment. The twelve locals that sent representatives went on record as supporting the new Kennedy-Remer $3,000 Salary B i l l . 7 0 The bill encountered little legislative difficulty. Governor Roosevelt, .Mayor Walker, and organized labor gave their support. 7 1 The Citizens' Union did not attack the appropriateness of the salary schedule, but noted the fact that this legislation provided for the intervention of the voters for a special

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group of employees and that such action struck at the foundation of responsible administration.72 The Merchants' Association conducted an active campaign to defeat salary increases generally but made no special point of the uniformed men's bill.73 New York City salaries were not relatively high. In a study of increases granted by municipalities to firemen, New York City was among the six lowest, while among cities paying over $2,000 it ranked lowest.74 In per capita police cost, New York City was exceeded by Boston and Newark.75 An active campaign was launched immediately upon the bill's passage to Insure a large plurality vote for the proposal In the fall election. The Chief stated, "Thepe was nothing left undone when the morning of election day broke."70 The Mayor lent aid. The Commissioners appeared in the movie shorts urging the people to vote "Yes." Colonel Morris Joseph of the New York Stock Exchange gave his support. 77 Organized labor both through its central body* and through separate unlona Issued endorsements.78 The Women's Committee to Promote the Pay Increases of the Patrolmen and Firemen conducted a spirited campaign. The publicity of the Joint Council included a memorandum for speakers - "the fourteen points" - posters, newspaper notices, and radio programs. The total result was an overwhelming affirmation of the twenty percent raise.79 The 1931 - 1932 Eight-Hour Day Drive The familiar oscillation back to the firemen's eight-hour day demand followed this victory. In 193°/ In the face of the growing depression and under the new Kane leadership, the firemen's union asked and received the endorsement of the International Association of Pire Flghtera for an eight-hour day drive. 80 As was true in I919 and In I927, the International made the campaign its central activity. (The above mentioned cleavage between O'Reilly and the Uniformed Firemen's Association may have been due to this poorly timed campaign.) In explanation

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of the decision, Kane at a later time said, "We had been definitely told that we would have to cultivate public opinion before the City Fathers would concede to the wishes of the Firemen."81 Though all past experience pointed to the Ineffectiveness of the approach, the campaign was directed to secure the passage of an eight-hour measure, the Fenn Bill, In the Board of Aldermen. Confidence In.local action Indicated the trust placed In Mayor Walker. Spectacular and conventional means were used to secure public pressure for the bill's passage.®2 Radio programs featuring leading radio talent on country-wide hookups; petitions which in I95I totalled two million signatures; and a bulletin, "Some Interesting Facts About Your Firemen," were among the more ambitious means used. The bulletin presented the facts upon the firemen's work, hours of work and the costs borne by the men. To meet the objection of added cost to the taxpayer, the bulletin argued that "the cost of an eight-hour day for firemen will be from $1.50 to $5.00 a year for the average small home owner." Chambers figured that the schedule would take 2,500 families from the breadlines. After sipc months of such high pressure campaigning, the Board of Alderman, on June 16th, voted Θ 3

to keep the bill In committee, following the stratagem of deferring consideration of the bill. In the fall, the political leaders pressed for the measure's withdrawal: "it is Inopportune at this time to move for the passage of the bill."84 (The Seabury Investigations and the general depression were closing in.) Chambees insisted, however, that there be no moratorium on the effort. At the 1931 Convention, the American Federation of Labor passed a resolution for New York City's eight-hour day, and copies were sent to Mayor Walker, the Board of Estimate, and the Board of Aldermen.8S· •The financially and politically embarrassed administration was not given any respite during the first months of 1932. William Green urged the O A

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eight-hour day In an address delivered at the Annual Entertainment at Madison Square Garden.87 Radio programs continued with their ^million dollar artist guest list that would bankrupt the Standard Oil Company or the United States Steel Corporation."ββ Feature articles ran in many of the metropolitan papers. The usual petitions, pamphlets, letters and posters continued. But in March the drive came to an abrupt halt. It was stated that Fred W. Baer, president of the International Association of Fire Fighters, arranged a conference attended by William Green, Joseph P. Ryan, president of the Central Trades and Labor Council, Mayor Walker, Baer, and Vincent Kane. 'Ve came to a definite agreement that we would suspend our activities temporarily until such time as the city was in financial condition to meet the demand. " β β And so the untimely and extravagant drive came to an end, having cost the firemen In the city "in round numbers, $100,000," ai}d the International Association another $160,000.80 The Attack of the Economy Groups In the deepening depression, the city used short-term bonds to finance relief. From 1920-1932 the net increase in the temporary debt for current expenses reached $149,700,000.81 The Budget of I931 exceeded the Budget of 1930 by fifty-five million dollars, and the Budget of 1932 was double that of I920. In July I930, some two hundred commissioners and judges, all Tammany chieftains, got salary increases from the lump sum Item for underpaid clerks1 salarles.82 On the other hand, economy groups became active. In 1930, the New York State Economic Council, Inc. was incorporated. In I930, a joint committee of twenty-three organizations under the chairmanship of Peter Grimm appeared at the budget hearings.83 The Citizens' Budget Commission, representing 150 civic organizations, was organized by representatives of the Chamber of Commerce, the Merchants' Association, and the Real Estate Boards of New York. In 1931, the New York State Economic

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Council, under the leadership of Merwln K. Hart, a n d the Citizens' Budget Commission, under the chairmanship of Nicholas Murray Butler, launched aggressive campaigns for lower municipal expenditures. 9 4 The Economic Council recommended a salary cut of 10 to 25 percent - "nearer 25 p e r c e n t . " 9 5 In 1922, the demands of the tvo groups, whose membership in New York City overlapped, included a pay-as-you-go policy for the balancing of the budget, drastic reduction in taxes., reduction of salaries, general revision of the pension provisions for public employees, and other deflationary measures. The Citizens' Budget Commission estimated that $200,000 annually would be required to finance its program aimed at cutting anywhere from twenty to a hundred million yearly from the city's e x p e n s e s . θ β The New York State Conference of Mayors advocated a three-year moratorium upon all salary increases made mandatory by either state or local laws. O'Reilly, after a conference with W i l l i a m P. Capes, the secretary, stated: "The Conference wants to cut salaries everywhere and seeks a law to have it done. 1 , 9 7 The Mayors' Conference Bill was introduced in the Session of 1932. The State Police Conference played a part in the opposition to the measure but the firemen's union was not mentioned. The bill did not emerge from committee: The Chief .stated, "The Legislature has adjourned and policemen and firemen m a y feel more secure in their salaries. 1 , 9 8 Nevertheless salaries throughout the state were in peril during the summer of 1932. The Chief reported that the police in Jamestown were reduced 1 5 percent and in Syracuse 10 p e r c e n t . 9 9 "President Moran of the Patrolmen's Benevolent Association has spent a busy week in conferences w i t h police leaders of the other cities. The S.O.S. call due to reports of proposed pay reductions has kept the P.B.A. leader on the j u m p . " 1 0 0 Then on July 22, Mayor Walker's plan for pay reductions was announded. The Mayor proposed a voluntary acceptance of one month's pay cut, accompanied by the threat : "It woold be well to know those who would not g i v e . " 1 0 1

"GOING ALONG" DURING WALKER ADMINISTRATION 159 The patrolmen meekly accepted the reduction.102 The attitude taken by the Association seems Inconsistent when viewed in the light of the year's effort to prevent reductions. In January, Moran declared that the Association would be willing to subscribe to half a million dollars for the campaign to hold the salary schedules.103 In July, O'Reilly stated that every effort "to repeal, modify or lessen the effect of the referendum law that awarded the present pay" would be opposed.104 The Patrolmen's Benevolent Association's acceptance of the Walker Plan is another piece of evidence revealing its general acquiescent policy. In this instance It split the Joint Council. Vincent J. Kane called a Joint conference of officers of the Fire Department line organizations. Two days later, July twenty-sixth, addressing a special meeting of the Uniformed Firemen's Association, Kane reported that he had received a request to meet with the members of the Citizens Budget Commission. "I met Mr. Peter Grimm, chairman of the committee, and Mr. Harold Rlegelman, their counsel. . . .after only a half hour's consideration, they 'very magnanimously' offered to use 'their Influence' as a special consideration to the Firemen, to have our proposed contribution reduced by between six hundred and seven hundred thousands of dollars. The essence of the whole proposition was hypocritical."105 The Association voted to reject the Walker Plan. 106 "The firemen, 9 9 o f them voted NO, when every man in-the officers' associations from lieutenant to the Chief voted YES." 107 Kane made the suggestion that the salaries of higher paid city officials, whose compensation had been raised from 40 to 60 percent since the onset of the depression, be appreciably reduced and that other economies precede reductions in the rank-and-file wages. 106 Following this refusal, Kane was Immediately "gagged," ordered not to discuss the Walker Plan or to talk 1 OB

with reporters. Upon the firemen's refusal to subscribe to Mayor Walker's plan for pay reduction, the Citizens'

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Budget Commission announced a house-to-house and block-by-block campaign for membership and stated that the firemen's vote "was the most serious blow registered against the Mayor's salary cut plan. . . . Other means will be followed. . . .[We] will go to Albany and seek permission of the Legislature to reduce the salaries of the recalcitrants in the ranks."11'3 The firemen stated that their refusal contributed to the Mayor's resignation: "We were directly or Indirectly Instrumental In helping his downfall."111 When the city officials went to the bankers for loans that autumn, Charles £. Mitchell of the National City Bank, speaking for the banking group. Insisted upon further budget reductions as a prerequisite for the loan. Twenty million was to came from salaries.112 Acting Mayor Joseph V. McKee proposed a wage cut of five percent on all salaries to $3,000 and then a graduated cut to a maximum of twenty percent on salaries that exceeded $3,000.113 Police Commissioner Mulrooney, after polling his force, reported a vote of 17»979 to 600 in favor of the McKee Plan. Two weeks later, In a closed meeting, the patrolmen's Association refused to accept the plan by an almost unanimous vote. 114 The firemen1 8 Association stated that "they did not oppose pay cuts If they were really necessary but insisted on assurance that real economies would be adopted in other lines before they were willing to make a sacrifice."115 The struggle over the budget ended by October 18, with retrenchments other than salary reductions included. The bankers, guided by the Citizens Budget Commission, dealt directly with the bosses of the Democratic machine. John Dewey, a member of the City Affairs Committee, thus characterized the city's dependency: The richest city In the world le unable to pay Its m employed famille β enough to live on under conditions even approaching decency, where important educational and social servi ces hare 'been curtailed, where the city has to pay

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excessive ratea of Interest 011 Its bonds, where It has to go hat In hand to the bankers to find out what activities it will be permitted to carry αη. 1 1 β

Unable to get reductions In salaries through negotiation with the employees, the politicians In alliance with the economy groups turned to the Governor for a special session of the State Legislature. Acting Governor Lehman called the session for December 9. In the Special Session the employees were faced with a situation which made their legislative efforts Lilliputian. James F. Chambers described the smooth running session as follows: On every hand, they [the firemen] vere confronted with the suini as ion of the regularly elected officers of the State of Nov York, vho claimed that they vere helpless in the face of the dictates and demands of the hankers. . . .Not a single representative of the hanking and real estate group would sit down In conference and meet the representative of the city administration and the civil employees for a clear and fair discussion of the subject. They merely gave orders over the 'phone or by memorandum as to what they wanted and their vili vas lav. 117

The employees' associations functioned through a Joinfc Committee, of which Dr. Abraham Lefkowltz of the Teachers Union was chairman.110 The Uniformed Fireman's Association got the aid of the New York State Federation of Labor and Fred W. Baer of the International Association of Fire Fighters. They secured three conferences with Governor Roosevelt and got certain concessions. The final act, empowering the city to fix salaries notwithstanding general, special or local laws ordinances or referendum, was limited In time for the emergency. The salary referendum law of 1929 was redesignated as the standard wages for firemen and patrolmen. Pension rights were retained and lastly the reductions were not made applicable to salaries of $2,000 ar under.110 A second act empowered the Board of Estimate and the Board of Alderman to recall, reopen, reconsider and reduce the

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Budget of 1953, Section 226 of the Charter notwithstanding.120 The combined effect of the prior retrenchments and those now empowered reduced the Budget of 1933 by 1 1 0 million compared with that of 1 9 3 2 . 1 2 1 There can be no doubt that straight salary cuts would have been put into effect had the employees not been protected by mandatory legislation and that the concessions maintaining their interests, were due to their own efforts. The reductions for the rankand-filö men ranged from $140 to $190. During the Session of 1933 and for the sessions to follow, the economy groups centered upon three plans: to secure relief from the mandatory state laws affecting the finances of the city, the revision of the pension systems to actuarially sound financing, and further reductions in salaries through payless furloughs. The Pratt·Bill, the old Mayors' Conference Idea, which sought to suspend for the period of the emergency all mandatory and special laws preventing localities from making economies, wa3 introduced in the Session of 1933· The backers were joined by the Governor's New York State Budget Advisory Committee. But the employee lobby, joined by the State Police Conference and the Patrolmen's Benevolent Association, killed the measure. The employee forces were assisted by the timely hearings before the United States Senate Banking Committee and by the subsequent Inquiry into Charles E. Mitchell's 1929 Income tax return conducted by U. S. District Attorney George Z. Medalle. Chambers made full use of Mitchell's resignation from various chairmanships and of his final arrest.122 Chambers said, "in the light of the recent banking developments and discoveries, the salary reductions savor of high brigandage on the part of the artful money changers and their confreres.1,123 The employees got no respite, for the effort was repeated in the Extraordinary Session of I933. The economy groups then attempted to split the employee lobby, by suggesting that the teachers be exempt from the repeal of the mandatory salary laws.124

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The Joint Committee struck back with a resolution "to declare the 'emergency' which was declared at the last special session of the State Legislature in December 1932 as being terminated, so that we may be returned to our former basic salaries as provided for in the budget of the City of New York. 1 , 1 2 5 In September 1933* a stronger co-ordinating organization came into being, the Allled Civil Service Conference, upon which the Uniformed Firemen's Association had representation. 1 2 6 The economy groups were active In preparation for the mayoralty election in the fall and for the Session of 1934. They supported the Fusion ticket headed by LaGuardla, whereas the Allied Civil Service Conference endorsed the Democratic ticket headed by O'Brien. 1 2 7 The struggle had only just begun.

Chapter VI THE ASSOCIATIONS AND MAYOR L«GUARDIA, 1934-1946 : THE STRUGGLE OVER WAGES IN 1933 THE ECONOMY GROUPS joined with the good government forcee and the Republican party to form the Fusion Party. Fiorello H. LaGuardia was placad at the head of the ticket and elected. Therewith the municipal employees prepared for dark days ahead. For the uniformed forces the twelve-year LaGuardia regime brought further salary cute, a revised pension system which in turn decreased their take-home pay, and a policy of not filling vacancies on the force as the men retired or later as they were drafted for the armed services. This last-mentioned policy brought lengthened hours of work, legislation notwithstanding. Defensive battles were waged, but the associations did not limit their activities to these. Long experience had ehown that, when dealing with politicians "who run for office and who blow hot and cold whenever the political winds shift," demands serve as a basis for bargaining. Their legislative programs carried the old claims: restoration of the old salary schedules, wage Increases, shortened hours, extension of pension benefits. The reform LaGuardia administration found it expedient to permit referendum legislation on the firemen's long sought eight-hour day. So again the men faced an expensive city-wide campaign "to cultivate public opinion and get out the vote" on a clearly administrative matter. The administration was marked by progressively deteriorating management-employee relationships, despite the fact that the rank-and-file appreciated LaGuardia's policies regarding recruitment, promotion, the elimination of blatant police graft, and patronage. In truth, it was said that the Mayor proved to be "a born friction-producer." Cutting 164

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budgets and r e s i s t i n g s a l a r y r e s t o r a t i o n s and i n creases during a period of r i s i n g p r i c e s are unpopul a r a c t i o n s with municipal employees in any s e t of circumstances. When the p o l i c y i s c a r r i e d forward with the s t a t u s o f the employee a s s o c i a t i o n s unchanged during a period of g r e a t l a b o r g a i n s , and when "co-operation" meant the c h e e r f u l acquiescence to the Mayor's plans and p o l i c i e s , employee r e s i s t ance to pecuniary l o s s e s were heightened. The b a t t l e s between the Mayor and the firemen were of an l n t e n a i t y reminiscent of the Hylan period. The Municipal Employees and Trade Onion A f f i l i a t i o n By 1937 the nation-wide movement toward public s e r v i c e unionism appeared in Hew York C i t y . P r i a i had with Democratic party support used hie monopoly over the employee a s s o c i a t i o n s and had e x erted an Influence in Albany a g a i n s t a d m i n i s t r a t i o n sponsored s a l a r y l e g i s l a t i o n . He had become persona non g r a t a with the a d m i n i s t r a t i o n . His f o r c e s were a combination of The C h i e f , the C i v i l S e r v i c e Forum, and the Delehanty I n s t i t u t e . The l a t t e r i s a cram school, preparing candidates f o r the f i r e and p o l i c e examinations in p a r t i c u l a r . I t was claimed t h a t the school made more than a m i l l i o n d o l l a r s t r a i n i n g candidates f o r the 1937 firemen's examination. 1 Much to P r i a i ' s discomfort, the administration s t e a d i l y Improved the examinations f o r recruitment and promot i o n , thereby making the preparation o f f e r e d by the school l e s s e f f e c t i v e . One of the C i v i l S e r v i c e Commissioners wrote, "We are holding up our own r e c r u i t ing and information media, much to the alarm of Mr. P r i a i , and are happy t o report t h a t Mr. P r i a i and h i s organization s t i l l d i s l i k e us i n t e n s e l y and w i l l , we t r u s t , continue t o do s o . " 2 The C h i e f ' s monopoly was a l s o broken. The S t a t e , County and Municipal Workers of America, C . I . O . , the union most a c t i v e l y a t work among the municipal employees published from October 1937 to August 1942 a weekly paper, The C i v i l S e r v i c e Standard. Then In September 1939/ Independent weekly, the C i v i l S e r v i c e Leader, was launched. From

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that time on, the municipal employees have had access to a more adequate reporting of the civil service news. Priai was also faced with a third opposition. As the municipal employees became interested in labor affiliation, employee unionism rose as a real challenge to the Civil Service Forum and Priai's policy of keeping the employees unorganized. In I938, at the outset of the Mayor's second term, prominent members of the American Labor Party were appointed to the Civil Service Commission, Paul J. Kern and Wallace S. Sayre. The new commissioners extended a friendly, encouraging hand to the State, County, Municipal Workers of America locals.3 They also openly attacked the Priai forces, especially the Civil Service Forum and The Chief.4 Moreover, the employee unions evidenced an aggressive program unknown to the Priai-dominated groups. The unions asked for the establishment of regular trade union channels and practices in employee-management relations. The Mayor, whose support of employee associations was known5 now, though thoroughly anti-Prlal and in debt to the American Labor Party, vigorously resisted the unionized employees' demands. In 19^1» during a crisis situation between the City and the subway workers, LaGuardia defined his policy toward unionism in the public service as follows: Any group of employees is free to present views and recommendations to the proper officials. . .concerning working conditions, salaries and other matters pertaining to employment. Separate agreements covering employment of Civil Service employees cannot· be made with any group of employees. . . . The City does not and cannot recognize the right of any group to strike against the city. Any employee Improperly leaving his employment without authority is subject to charges and may be dismissed from service, thereby losing not only his position and his seniority but also his pension rights, . . .Many causes of dismissal subsequently disqualify an applicant fresa taking another civil service examination.

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No employee of the City ... can te discharged for nonpayment of dues to any organization. Every employee le free to pay dues to any lawful organization if he so desires. No department will coerce any employee to "become a member of any organization or coerce any one not to "become a member of any lawful organization.®

In 1944 LaGuardia1 s resolution on government employee strikes was passed by the United States Conference of Mayors. In I938 the Mayor faced from two sources the demand for changed personnel practices. The State, County, Municipal Workers of America, with a claimed membership of 12,000, launched a drive for union recognition and collective bargaining on a city-wide department basis.7 At the same time the American Labor Party pushed legislation in the City Council for the establishment of city-wide grievance machinery and for the use of hearings and appeals on cases of dismissal, demotion, and transfer.8 In 1938 the New York State Constitutional Convention proposed and in the November elections the electors ratified the following amendment, Section 17 of Article 1: "Employees shall have the right to organize and bargain collectively through representatives of their own choosing." The delegates had considered the inclusion of public workers but rejected the proposal.9 The State Labor Relations Act of 1937 expressly excluded public employees. The very fact that the issue received the attention that it did is evidence of the importance of the demand, and the general statement of the constitutional provision opens to a future the possibility of' a broad interpretation.10 The Labor Party's effort in I938 was also rejected. In 1942, the demand for collective bargaining reappeared. An Employees Negotiation Bill was sponsored in the City Council by both the American Labor party and the union. This bill repeated the I938 legislation, but in addition proposed to make illegal a city department's refusal to negotiate with organizations of the employees' own choosing.11 The Mayor's opposition

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to the measure kept It In committee. was summarized as follows :

His position

1. It Isn't needed, rights already exist. 2. Wasn't going to tell any commissioner how to run his départaient. 3. Wasn't going to let anybody else run a department. Wasn't going to help the employees to organize. 5. Different relationship between employee organizations and government service and In private Industry.12

At long last, the Council Committee feebly recommended that the City Council and the Mayor recognize the principle of collective bargaining for city employees.13 In 1943 and in 1944, bills permitting collective bargaining by municipalities with representatives of employees were defeated in the State Legislature.14 In 1945 a third bill was before the City Council.15 At no time was the possibility that government workers are comprehended in Section 1 7 of Article I of the State Constitution discussed.16 At no time during the effort did the patrolmen's or firemen's unions play a part. In 1942, Lt. Nicholas Susslllo, president of the Police Lieutenants' Benevolent Association, supported the Employee Negotiations bill. Patrick Harnedy, president of the patrblmen's Association, when asked, refused to comment upon the measure.17 The absence of any comment from the firemen's union may be due in part to the fact that the bill Vas sponsored by a C.I.O. union. Kane's prominence in A. P. of L. circles and. the C.I.O. - A. P. of L. conflict at the time supports this assumption. The Economy Act of 1934 The Mayor's management probierte with respect to the uniformed men's associations emerge not from his refusal to accept responsible trade union practices but from his economy program and from his method of work. (it will be noted later that the men are not ready to place their trust in collective

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bargaining.) In 1933» s a prerequisite to securing the necessary loans with which to meet the city's expenses, the administration entered upon a so-called Bankers' Agreement. This agreement, running, for a four-year, period, 1934-1937, prescribed the maximum taxation to be levied and required that a portion of the city's revenues be set aside as a reserve against delinquent real estate taxes. To operate within the framework of the Bankere' Agreement, further economies were made urgent. Therefore, In 1934, the administration went to Albany with an Economy Bill, empowering the Mayor, with the concurrence of three-fourths of the Board of Estimate, to reorganize the departments and to establish paylees furloughs with other salary cuts for municipal employees. This program brought the Democratic party machine and all employee associations into active opposition.18 "Mr. Priai, as spokesman for the large body of civil service workers, had been particularly aggressive in opposition to the Economy Bill and had made himself responsible for the statement that the city faced not a deficit but a surplus."19 The teachers, firemen, and police lobbied strenuously against the measure. The firemen's union resorted to the use of the radio.20 The matter which raised the strongest objection from those pressing for the measure's passage was the circulation to munldlpal employees of the Merchants Association 's membership list. It was suggested that the city employees "transfer their trade from these firms The action brought to publication a list of firms said to oppose the pay cuts.22 The Mayor's strategy also showed evidence of high pressure. It was reported that four hundred Transit Commission employees were to be laid off and that they could not get back to work until the Economy Bill passed.23 Work and home relief were said to depend upon the measure's passage. Finally, the organized*employees conceded that there existed a twenty-eight million dollar deficit in the city's budget.24 After four defeats, the Economy Bill passed.25 Again, as in December 1932, the employees won certain concessions.

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Those earning $1,200 and less vere exempted, the furloughs were not deemed salary reductions and were limited to a maximum of one month, and the pension rights were not affected by the reduction. 2 6 On April 16, payless furloughs for fire and police forces were ordered, the men for nine days and the officers for a month. A total over-all pay roll r e duction of fifteen million dollars was g a i n e d 2 7 by the passage of the Economy Act. The Movement for Restoration of Salaries The effort to discontinue the furlough and to restore the December 1932 salary cut got under way.28 In 1935» for the first time since I913, the Democratic party held the majority In both houses of the State Legislature and the governor's office. During the session, two different measures for salary restoration were pushed: one a bill and the other a concurrent resolution declaring the period of emergency over. A third measure was designed to place another safeguard around their statutory salary and the pension systems. Governor Lehman vetoed the salary restoration m e a s u r e . 2 9 The concurrent resolution declaring the temporary emergency terminated was p a s s e d . 3 0 On the basis of this It was assumed that the salary schedules were again operative, the legislation of 1952 rested upon the declaration of a temporary emergency. Suits for back salary, brought by Kane and Moran, reached the Court of Appeals. By a vote of four tb three, the Court ruled that a concurrent resolution was not effective as against a statutory enactment. 3 1 In 1936 a salary restoration bill was again vetoed on the basis of LaGuardla's claim that due to the Bankers' Agreement funds to cover the restoration were not available. The associated employees pressed for the discontinuance of the Agreement. 3 2 The over-all outcpme of.employee political effort was that an earmarked five million dollars for partial salary restoration was Included 33 In the Budget of 1937· The Emergency Act was repealed in the legislative Session of 1 9 3 7 , 3 4 and

STRUGGLE OVER WAGES, 1934-1946 171 legislation enacted to reopen the budget and make complete salary restoration effective as of July 1, 1937·3S The Citizens Budget Commission, leaders In the fight to postpone salary restoration, estimated that its three year long opposition had saved the city sixteen million dollars.36 This may be viewed as the loss sustained by the municipal employees. The Pire and Police Probationers' Salary The six month probationary service that obtains in both fire and police departments furnished the second salary problem. After February 1930, the probationers received the $2,000 salary of the seventh rank patrolmen and third rank firemen.37 At the outset of the economy drive, the Citizens Budget Commission proposed that the probationers' salary be reduced to $1,500. In 1936, the demand reappeared.38 In 1939» when curtailment of municipal costs was receiving renewed attention,30 the Board of Estimate, by resolution, reduced these salaries to $1,200. The new salary became effective July 1939· The men appointed In July, August and September filed suit for the recovery of the difference in pay. In 1943, the court's decision involving the probationary patrolmen, 4 0 and In 1944 the decision in the firemen's case41 determined that the men were entitled to the salaries of $2,000 as fixed by the Administrative Code. The Court declared that the salary determining power of the Board of Estimate could not reach salaries set in the Code. In 1942, prior to and In anticipation of the Court's decision, the Mayor pushed a local bill on police probationers' salary. The measure called for a $1,200 salary but this was later raised to $1,320. At this time, as was true throughout the period of attack upon the probationers' salaries, the cut was opposed by the regular associations.42 Patrick Harnedy, then president of the patrolmen's Association, condemned the Mayor's bill as offering "coolie wages."43 However, 1,400 unfilled police positions existed, and the Mayor threatened "if1 you don't cut

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the pay, I won't appoint any more patrolmen." Thereupon the police and fire eligibles associations, organized under the aegis of Prank J. Priai and Michael J. Delehanty, supported the b i l l . 4 4 So the Mayor's bill paseed. 4 5 In 1944, a n attempt vas made to restore the $2,000 salary. The City Council passed the measure, but the Board of Estimate vetoed it. 4 ® In the election year of 1945, a councilman stated that the Council regretted its 1942 a c t i o n . 4 7 After the election, newly appointed patrolmen were placed on the old salary and in addition given the $420 salary bonus. It was announced that the same provision would be made for probationary firemen. Since the local law prescribed an entrance salary of "not less than $ 1 , 3 2 0 " legislation for a return to the old schedule was deemed unnecessary. 4 8 The 1941-1944 Demand for Salary Increase The men's third salary effort centered upon gaining an increase. The revised pension plan took effect in 1940, reducing the patrolmen's take-home pay by four percent and the firemen's by six percent while the new recruits to both forces were under higher pension rates. In 1941, when the associations began their salary e f f o r t , 4 8 a country-wide trend toward increased living costs and salary increases for municipal employees was already under w a y . 5 0 In I941, the average salary for the patrolmen was reported as $2,940 and that less than seventeen percent of the force was earning less than $2,550. 5 1 In August, on the eve of the municipal election - the timing was advantageous, for LaGuardia faced a close race against the Democratic party candidate William P. 0'Dwyer - the New York State Pire Fighters Association and the Ney York State Police Conference in their respective conventions passed resolutions for salary increases to meet the rising costs of l i v i n g . 5 2 In the Session of 1942, the two associations pushed a salary measure despite the "powerful budget-slicing forces in the State Legislature. 1 , 5 3 A fifteen percent manhatory raise, and a salary bonus to be

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gained through a referendum, were sought and defeated In the Session of 1943· It was announced that should state legislation fall, a $50 a month increase would be pushed In the City Council.54 During the 1943 campaign, the men claimed that they were "in the position of paying in greater proportion for the war than other sections of the citizenry" and that they were "stuck in the middle with increased living costs, increased taxes, high pension payments, and the cost of equipment and uniforms."55 The pay check of "a cop on the force two and one-half years is $43.27 a week and after pension and victory tax are deducted this amounts to $36.22.Il5e When the Budget of 1944 was drawn up, a cost-of-living bonus for municipal employees earning $2,5Q0 and less was Included, but the 2,544 patrolmen and 1,187 firemen who earned less than $2,500 were not covered by the bonus grant. The two associations failed in their effort to secure this.57 Prior to their failure, in the April fifth meeting, the Board of Officers of the line organizations of the Fire and Police Departments determined upon a drive for an annual increase of $450. A week later, following the failure before the Board of Estimate to secure the inclusion of the lower ranks in the general cost-of-living bonus, the demand was changed to a $450 cost-of-living bonus.58 In order to by-pass the Mayor, the associations sought the bonus through an amendment to the Charter.50 The first petition, one of over 600,000 signatures, was filed with the City Clerk on June second.80 The amendment process provides that should the City Council fail to vote affirmatively upon the first petition, a supplementary petition signed by an additional five percent of the registered voters be filed by September first. So, knowing that the Mayor-'s opposition would make "the fight to put it over a hard and tough one," the associations immediately began work on the second petition. The wisdom of this prefcaution was proved, for the Council in the meeting August 3 failed to act affirmatively.61

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Active pressure, both In support of and against the bonus referendum was under way In August. "All members of the Council must run for office this year and their support of the bonus Is expected during their Individual campaigns, If not In the Council. 1,62 Newbold Morris, the president of the City Council, threatened that the passage of the referendum "might result in laying off employees in other departments or In a ten cent [subway] fare." 63 The C.I.O. Political Action Committee Issued 75,000 leaflets in support of the bonus. 64 Other local organized labor bodies, the various employee unions and associations, and the New York Association of Chiefs of Police gave their support.65 The civic groups based their opposition to the bonus upon the fact that the peace treaty might not be signed until long after the war was over, that the police and firemen were well paid when compared with the various other groups of employees, that the bonus would cost twelve million per year, and finally that other groups might well make like demands should the uniformed men succeed. β θ However, the action which stopped the bonus was an Injunction prohibiting the placement of the proposition on the ballot, granted by the Court in a case brought jointly by the Association of Commerce and Industry (the old Merchants Association), the Citizens Budget Commission, and the Citizens Union. The Court of Appeals banned the referendum from the ballot by a vote of five to two. 67 It declared that salaries are a matter of the Administrative Code, and that a Charter amendment can not be used to reach them. "The tradition of representative democracy is too strong to permit an inference that the Legislature intended to extend the exceptional process of direct legislation to details of administration. " β β Vincent Kane appealed to Governor Dewey for a special session to secure permissive legislation for the bonus but was refused.69 In the turbulent meeting of the Patrolmen's Benevolent Association of November S> the leadeps were charged with having gone forward without legal

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advice, of engaging an attorney too late, and of not mobilizing all organized civil employees. 70 "They're mad at the Mayor, mad at their departments, mad at their organization leaders." 71 Manpower Shortage and Over-time in the Departments The next step in the bonus matter is linked with over-time. Manpower shortage in both departments had been and remained acute. 7 2 The local draft boards had full power to draft these men. Moreover, before the operation of the draft, the Mayor had followed a policy of withholding new appointments. In May I941, when a program for training auxiliary firemen got under way, the firemen viewed the program as another means for reducing the qualified men on the force. 73 Following our entrance into the war and in the Association's December meeting, the firemen voted to contribute as a war service an eight hour tour of duty every six days. (Since the Association's constitution calls for a membership'referendum on questions of this type, it may be assumed that Kane used a membership meeting because of his doubt as to the response to the suggestion.) The schedule, known as V-Duty, went into effect March 9, 1942. The men on V-Duty were to be available for air raid alarms but not to respond to fires. 7 4 It was generally believed that the duty would not interfere with promotions and appointments. The patrolmen were also on over-time. In 1935» when the Reserve System was abolished by legislative act, the force was put on ají eight-hour day. 7 5 In 1939* however, the demands of the World's Pair brought a manpower shortage in the department. The patrolmen were put on an Emergency Chart which called for a -sixteen-hour working day with one day off after twenty-seven consecutive work days. 7 0 The patrolmen's Association appealed to the civic groups during the fight against the lengthened hours. It called attention to the fact that the taxpayers and business men were the beneficiaries of the World's Pair and that the City had appropriated twenty-six million

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dollars to the fair whereas no provision had been made for p o l i c e . 7 7 The demand for a n eight-hour day w i t h hour-by-hour compensation for over-time was made. 78 A legislative program for both Albany and the City Council to secure the claim for the accumulated over7θ time reached the discussion stage. But the bold beginning was not followed with action. 0 0 Jn October 1941, a n eleven-squad police bill, which reduced the hours but fell short of the regular schedule reached the City Council. The measure passed the Council, and at tho tine of Pearl Harbor wag stalled In the Board of Estimate. 8 1 At the onset of 1942, It was reported that the patrolmen were working 33O days a year, that many worked sixty and seventy hours a week, and that all were really on twenty-four hour call.82 The police precincts were said to be frequently without sufficient personnel, though under strict orders never to let the public k n o w . 8 3 The Ostertag - Hammond Temporary Firemen and Patrolmen Act, 1943 Then In 1943, the men were faced w i t h administrât lon-sponsored legislation empowering the appointment of temporary firemen and p a t r o l m e n . 8 4 Commissioner Valentine suggested that relief from the difficulties of recruiting new patrolmen "might be obtained by the passage of a bill permitting the appointment of temporary policemen without tenure, pension rights, and passing the regular physical and mental tests of the Police Department." 8 5 The regular men viewed the substitution of lowered standards for police and firemen candidates as a n attack. In its February meeting, the Uniformed Firemen's Association voted to abandon V-Duty. The Fire Commissioner thereupon ordered an additional seven-hour duty each week and threatened a return to continuous duty. He intimated that the firemen were unwilling to do their patriotic duty. A n order requiring the m e n to report back to their own stations on a n air raid alarm added another irritant. In March, 1,000 m e n failed to show up for the air raid d u t y . 8 8 A few

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months later, the re-establishment of the two-platoon system was threatened. 8 7 The associations' fight against the OstertagHammond Temporary Firemen and Patrolmen's Bill was reported as being carried on in "a feeling of desperation." (it will be recalled that the salary measure was receiving the associations' attention.) In place of an outright effort to defeat the bill, the associations endeavored to secure amendments which limited the appointment of temporary men to vacancies due to military l e a v e . β β This was g a i n e d . 8 9 The measure proved a n ineffectual relief for the manpower shortage. In April 1944, 1,074 firemen and 848 police were reported in the armed services, whereas the actual vacancies In the Police Department totaled 2,522 and In the Pire Department 9 8 4 . 8 0 The Budget of I943-I944 provided for 6OO temporary patrolmen and 450 firemen. By September 1944, however, 129 temporary firemen were in the department, although I83 had been appointed. 0 1 In June 1945, the manpower shortage In the Fire Department was critical. A force of 5»952 was running the department whereas the quota called for 9 , 4 4 4 . 8 2 The 1944 Bonus Fight In December 19^3» after the election and the loss of the $450 salary-bonus referendum, w h e n "the m e n were at the mercy of the city," the Mayor held a conference with the presidents of the associations. He made a n offer of a $420 cost-of-living bonus tied to a lengthened day; a n eight-hour tour of duty θ3 every cycle of twenty days. O n December 12 the Mayor asked for the cheerful co-operation of the firemen for a return to the two-platoon.system. A t a police promotion ceremony on December 20, the Mayor announced that the bonus for patrolmen, sergeants and lieutenants would bee ome effective on January first. A few momente after the announcement, Harnedy, president of the patrolmen's Association, revealed to reporters that the membership of the Association had turned d o w n the proposal by a vote of two to o n e . 8 4

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On December 22, "at a tumultuous meeting" attended by 2,000 firemen, the firemen rejected the Mayor's plan.95 On December 24, at a special meeting, Harnedy tried to get a vote of the delegates to override the membership vote. He failed: "The 'No' vote vas on principle. The men In the department are just plumb tired of being pushed around. ... If their cooperation had been frankly asked because of the tough situation In which the city finds Itself ... the cops might have pitched In on that b a s i s . " β β The firemen instructed their officers to Inform the Mayor that the men would accept the $420 if it were added to their salaries without extra work, or they agreed to work over-time on a straight time b a s i s . 0 7 The m e n assumed that "the uniformed m e n would receive a n Increase but It wouldn't cost the city anything. All that has been done Is to retire enough policemen and firemen to make up for the money needed for the bonus. T h e n by having each cop and fireman work extra hours the departments can make up the shortage in manpower."98 The Mayor's attitude toward the patrolmen was friendly. He later said that he had not been "formally" notified of the negative stand taken by the membership or the d e l e g a t e s . 9 0 In January the delegates decided to "go along" w i t h the Mayor and thus reversed their p o s i t i o n . 1 0 0 It was a stormy meeting, forty delegates walked out, and one was kicked o u t . 1 0 1 The P.B.A. officers urged the Commissioner to invoke the extra working hours through a declaration of emergency due to the shortage of 2,35° men and to make no mention of the Association's acceptance of the lengthened hours. This was assumed to be a protection against future peacetime over-time. 102 (No mention was made of the 1939 Emergency Chart which placed the men on over-time, legislation notwithstanding.) Valentine issued a state-of-emergency order January thirteenth. A twenty-squad system was established, placing patrolmen on an extra tour every twenty days, sergeants every seventh day, and lieutenants every fourteenth d a y . 1 0 3 The extra tours

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were offset by extra meal time and compensatory time off for court attendance. "One wonders, then, why the Mayor made such a fuss over it. Was it to make the $420 bonus palatable to the taxpayers? Or is it to show the cops 'Who's the Boss'?" 104 Or was it to add pressure upon the firemen? The patrolmen received their first bonus payment April fifteenth. The Mayor's punitive action against the firemen was immediate and drastic. The Department Special Order No. 258 placed the force on added time. All applications for draft deferment were cancelled. At the outset of the war the administration had refused to grant leaves of absence for entrance into the armed service and had asked for the draft deferment of firemen. Commissioner W a l s h had "branded those who enlisted as slackers and u n p a t r i o t i c . " 1 0 5 Those who defied the Commissioner and joined were carried on the department rolls as "absent without leave." Now after the opportunity to get commissions in the armed services had lessened and as a means of coercion, the draft deferments were cancelled. The firemen considered the action a reflection upon their patriotism. Secondly, the bonus offer was withdrawn, and lastly the Mayor ordered the Commissioner to "change the tours and working hours as you l i k e . " 1 0 6 The Uniformed Firemen's Association took immediate defense action. It filed suit, charging Commissioner Walsh with "deliberate and unlawful attempt ... to destroy the three-platoon system as provided in Section 487 a-11.0 of the Administrative C o d e . " 1 0 7 Payrolls of January I5 and thereafter were signed "under protest." Since the men lacked the right to strike, the added hours were called "involuntary servitude." The Commissioner was faced w i t h the difficult task of managing a department manned by a "bunch of angry men." "The big source of the trouble is this: the men don't trust the Mayor or Fire Commissioner Walsh."108 On straight pay .for over-time the m e n would have earned $4^8 additional. To understand why the men rejected $420, with only the $1& difference, one must understand the tensions' existent

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between the men and the administration. Many cross currents had developed, among which the dissatisfactions with the above mentioned Selective Service policy of the administration was Important. Col. Arthur V. McDermott, Director of Selective Service, in his testimony before the Court in the suit brought by the firemen against the Walsh over-time order, stated that Commissioner Walsh had discussed plans to end requests for deferment of firemen in December before the bonus controversy arose.10® The department was undermanned, and it seemed to the firemen that the deferment matter was tied to their refusal to follow the Mayor's policy on retirement. (This conflict is discussed at a later point in this study.) By the middle of February, 45 firemen had been drafted, whereas 5,700 of the force were eligible.110 Commissioner Walsh Informed the Court that his order lengthening the hours was designed to eliminate the practice of placing on duty acting-officers, men not qualified for the rank in which they serve. However, illegal out-of-title work had been a long standing abuse in the department.111 The firemen's suit to stay the Commissioner's over-time order was decided against the men. 112 When the Association's intention.to appeal the case reached the Mayor's attention, his reported simulated remark added to the tension: "I am so sorry - there can be no question about the law. I so wanted to give them the bonus ... which they refuse and spurn."113 Both the Appellate Division of the Supreme Court 114 and the Court of Appeals115 sustained the lower court's decision. Moreover, before his irritating attitude toward resort to the courts, the Mayor's attack against the firemen's action included a speech made before the International Association of Fire Chiefs. He discussed the Association's court action. Then he went on to comment that it would be Impossible to have a staff of time keepers In a special truck at every fire to check on the firemen's overtime and inferred the possibility of a strike.110 At a later time, the Mayor condemned the leadership:

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l8l

"The trouble Is that they are smart alecks, who are afraid of fires, who haven't the guts - they are the ones who ehout the loudest. This department cannot be run by a mob, but only by its duly constituted off leers. 1 1 1 1 7 Finally the Mayor attempted to break the men's solid front. He promised the firemen the bonus but on condition that they individually waive court action and relinquish further pension c l a i m s . 1 1 8 In June, one estimate claimed 2,100 signed w a i v e r s , 1 1 ® and another that 1,100 officers and 75 firemen had signed w a i v e r s . 1 2 0 At the close of March, a statement issued by five Fire Lieutenants summarized the Mayor's "tyrannical, unconstitutional and dictatorial rule." It gave the facts upon draft deferment and the working hours of the m e n . 1 2 1 In April, W a l s h ordered a change from the three-platoon to the two-platoon system, effective on May first. John P. Crane, vicepresident of the Uniformed Firemen's Association, denounced the order as "completely unfair and unnecessary. 1 , 1 2 2 During May, a n aggressive younger group within the Association determined to launch a program to "bring the plight of its firemen" to the attention of the people. A Ways and Means Committee, John P. Crane and Frank A. Mott as leaders, was established. The Association passed resolutions addressed to the Central Trades and Labor Council, the New York State Federation of Labor, and the American Federation of Labor, asking that they use their good offices to remedy the firemen's c o n d i t i o n s . 1 2 3 It was later stated that the absence of aid from organized labor up to that time was due to the policy which prohibits aid to locals while litigation is under w a y . 1 2 4 The movement made evident Kane's loss of control. It was rumored that he was ready to make a deal w i t h the Mayor but that mass opinion of the membership forced him to fall into line and resist the M a y o r . 1 2 5 On June 1, the Ways and Means Committee issued a press release. It stated that the two-platoon system had been installed in certain sections of the City and denounced the departure from the three-platoon system

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as "still another step by Mayor LaGuardla to discipline and persecute the city's firemen. 1,126 The Mayor struck back. Fire Commissioner Walsh ordered Crane transferred from his home station to one In Staten Island. 127 The five Fire Lieutenants whose statements had supported the firemen's complaint in early March were also transferred. 128 Both Kane and Crane were placed under orders not to speak.· "The principle of the gag has been utilized in an effort to squelch the public presentation of grievances and even court action." 12e Charges before the Bar Association were preferred against the Association's attorney. The firemen's case was now dramatically before the public. In a letter of June 20 to Commissioner Walsh, the American Civil Liberties Union requested a reconsideration of the "whole policy of transferring men for exercising their rights of free speech, particularly where they are acting as authorized officials of recognized unions of departmental employees.11130 On a radio broadcast on June b, radio commentator Walter Wlnchell defended Crane: "Criticizing Mayor LaGuardla is not a crime. It is a constitutional right, and all City Employees are American Citizens." 131 On June 9, by a vote of fourteen to two the City Council passed a resolution urging the Mayor and the Fire Commissioner to restore the transferred men back to their posts. "Those who voted for the resolution, with few exceptions, made no bones of expressing their belief that the transfer of the six men to posts remote from their homes was 'tyrannical' and in violation of their right of free speech.1,132 The firemen's wives organized. 133 By July a permanent organization was effected whose strength will be discussed in a later page. "All in all, it looks as though Mayor LaGuardla and Commissioner Walsh are in for plenty of women trouble." The new association passed resolutions in protest of the failure to pay the bonus and the lengthening of hours. It laid plans for a mass meeting and a march upon City Hall. 1 3 4

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I83

On June 29, a group of labor leaders finally prevailed upon the Mayor to settle the controversy over the bonus. 13s (As will be recalled the firemen had lost the appeal to the Court of Appeals three days before.) The objected to paragraph five of the waiver was deleted and replaced with "The amount received by me as an emergency cost-of-living Increase in compensation, and the income tax deductions thereon, shall be credited to the City of New York and the fire commissioner as an offset if at any time a court determines that an additional sum is required to be paid to me by che City of New York." 13e Suits for over-time pay were pursued. 137 The same day the Board of Estimate approved a resolution authorizing the appropriation of three million dollars for the firemen's bonus. 138 The payment was uot made retroactive to January; thus the firemen received $210 for 1944. "Not until June 1, when he vetoed an attempt by the City Council to cut the appropriation from the budget, did the Mayor reveal that he planned to use it as a nest-egg with which to pay the bonus." 138 I944-I945 Salary Increase Effort The 1944 and I945 salary efforts were directed toward permanent salary increases. In both sessions of the State Legislature a $450 salaryincrease bill appeared. 140 The I945 bill, which had received a supporting resolution from the City Council, passed in the Assembly but failed in the Senate. 141 A bill providing for mandatory payment for over-time at the rate of time and a half effective for all municipal employees was also defeated. 142 In the fall of 1945, an election year, a $420 salary increase bill was pushed in the City Council. When it made, no progress, Crane, then president of the firemen's union, charged that politics prevented its passage. 143

Chapter VII THE ASSOCIATIONS AND MAYOR LaGUARDIA, 1934-1946: PENSION REVISION, EIGHT-HOUR DAY FOR FIREMEN, AND VETERANS 1 PREFERENCE Interest In the Reorganization of the Fire and Poll ce Pena Ion Systems The Mayor's success In establishing a revised pension system created strong employee antagonism toward the administration and the associations' leadership. The changes made brought the deepest salary cut to the men. Over a period of thirty years, the associations had been vigilant to preserve the relatively favorable pension systems In the uniformed departments, to secure more favorable conditions for retirement, and to extend protections to their dependents. In 1911, when the City's pension systems were first studied,1 the police contributed two percent of their salaries to the Police Pension Fund. After a service of twenty-five years and with an age minimum of fifty-five, eligibility requirements were met for the pension at half salary.2 Firemen made no contribution to the Fire Department Relief Fund. After a service of twenty years the men were eligible to retire on not less than half salary.3 In both departments, the commissioner administered the fund and determined the pensions. For the firemen he held discretionary power to determine a retirement sum over and above the minimum.4 All disability retirements required the Medical Board's certification.5 The civic reform groups were Interested in business-like and honest pension'fund administration (which had never been the practice), in higher age requirements, and in actuarially sound pension systems,® that is, scientific systems under which the beneficiary carries a part of the pension cost. The pension studies gave emphasis to the liabilities which 184

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the existing systems were piling up against the city. Their proposals put Justice Riegelman's point of view, shared by many, in the background: "The cardinal purpose of a pension system is to encourage continuity of service on the part of the employee and thereby to promote efficiency."7 The employees were concerned about the reformers 1 demand for higher age requirements and contributory plans. By and large the associations have held O'Reilly's opinion: "The city pension funds are no more 'bankrupt' than would be the pension fund of the United States Steel Corporation If that concern failed to appropriate a sufficient amount to pay its obligations."8 The favored position of the firemen was upheld by the Uniformed Firemen's Association: "The contribution which the firemen make to their Relief Fund is composed of long hours, unnatural living and working conditions, difficult duties, occupational illness, health and life itself."9 "The Relief Fund of the Fire Department is not a pension system In the accepted sense of the word, and never was Intended as such. Rather It wae intended as an emolument because of the extra risks and irregular hours of service to which the firemen are subjected. It Is a grateful public's token of respect and admiration for its fire fighters."10 Moreover, the uniformed men consistently secured more favorable pension conditions as time passed. They were exempted from the legislation which In I92O placed the municipal employees upon a contributing pension system.1·1 In 1919» a ten-yearlong attempt to eliminate the age requirement from the police pension law was achieved.12 The additional cost to the city was estimated at the time to be four million dollars. The opposing efforts of the real estate boards were not strong enough to stop the legislation.13 A second liberalizing step was taken with regard to widow's pensions. These were granted to the widows of men who were killed In line of duty and who had served for ten years or more. In the I89O's a pension of $600 had been won, granted

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at the discretion of the police commissioner and fire commissioner after this office replaced the older boards. In I923, the grant for dependents of men killed In line of duty was made mandatory upon the commissioners.14 In 1935, after Police Commissioner Ryan's attempt to cut the widows' pensions, the police nevertheless secured through the City Council an additional award to be granted by the Board of Estimate and payable to the widow or dependent children, or dejjendent parents. The sum was the equivalent of the annual salary of the man killed.15 In I936 the patrolmen gained mandatory pensions of half of their salary for widows and dependent parents for those killed In line of duty and one of $600 on natural death when In service or retired.1® In the same year they also got a three-fourths pension for men permanently disabled In line of duty. The Civil Service Commission raised the questioh of the police commissioner's authority to assign men recovering from illness to light duty. The associations, however, secured local legislation granting this power.17 Special legislative safeguards against changes In the pension systems were secured. The Home Rule Enabling Act of 1924 provided that any amendment to the pension systems of firemen and policemen, if attempted by local law, would, upon an appeal from the men, require a referendum to the people.18 "The New York patrolmen and firemen have no fear of any change of the pension system so long ^s they have the right to appeal directly to the people in the matter.1,19 This safeguard was strengthened by legislation passed in 1935, and the constitutional protection secured in Section 12 of Article 9 (1938).20 In 1926 defensive action against legislative measures designed tto establish actuarial pensions was successful. The lobby was led by the Joint Council: O'Reilly, Moran, Maloney, Guinness, and Holterback.21 "We were able to unite the police and fire forces of the state and we had the largest committee appearing before the Judiciary Committee that ever appeared In Albany. We beat it ten to one."22 Ttie pressure for

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sound pensions caused Mayor Walker to appoint a committee to study the police and fire pension systems. The Berry Report (Comptroller Charles W. Berry was chairman), released November 14, 1927» called for a four percent contribution by the force and retirement at sixty. Priai was a member of the committee but with O'Reilly and Moran opposed the recommendation.23 Legislation for a revised pension system was delayed until the Session of 1931. In 1931, the Lord-Pake Bill, sponsored by the State Pension Commission, provided for the transfer of looal pension systems to the state system and also called for a four percent contribution and retirement at sixty. Commenting upon the bill's defeat Vincent Kane said: "it is only fair to state that our success in this matter was very largely due to the co-operation of our up-state brothers, who were able to bring strong political influence to bear to defeat this measure."24 O'Reilly was prominent in the lobby.25 During the 1932 budget difficulties, Mayor Walker recommended that new entrants into the uniformed departments and those who had served twenty years make a two percent contribution to the pension funds.28 For over a period of a decade, the men thought that the drive for actuarial pensions was tied up with a nation-wide attempt on the part of insurance companies to get the business.27 Against all the powerful economic forces for revised pensions, the associations were politically strong enough to "keep the Pension Bills somnolently reposing in Committee" up to the second LaGuardla administration.2® Effort to Secure the Reorganization During the LaGuardla Administration During the winter of 1933-1934, both the New York State Pension Committee and the Citizens Budget Commission released pension studies.29 In 1935, the associations gained additional legislative safeguards re-enforcing the process of referendum on proposed pension and salary changes.30 In 1936, it was claimed that the police and fire lobby defeated actuarial

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pension measures. 3 1 Thus the sound pension forces turned to the Constitutional Convention of 1938. There Attorney-General John J. Bennett, a n Influential member as was Harold Riegelman, counsel for the Citizens Budget Commission, proposed that state or municipal pension systems establish a contractual relationship between the public body and the member in the retirement system. Bennett stated: "it is my view that if this thing does go on the books there will be no longer this yearly piling up of benefits without creating r e s e r v e s . " 3 2 The amendment obviously was directed against the fire and police pensions. 33 The leaders in the associations, however, did not seem to recognize its ultimate implications. In fact the fire and police associations throughout the state pressed for its a d o p t i o n . 3 4 Riegelman stated that the Police Conference "moved heaven and earth to get this proposal before the convention. 1 , 3 5 The lobby was intensely active: "When the State Constitutional Convention was held, the cops exerted plenty of pressure to protect their s t a t u s . " 3 8 A constitutional protection, Art. 9> Sec. 12, for wages, hours, pensions, and court review of dismissals was secured. The advocates of sound pensions were divided In their opinion on the Bennett amendment. The City Club, Henry J. Amy the Executive Director of the Citizens Budget Commission, Martin Saxe of the New York banking lntérests, and the Brooklyn Real Estate Board were among those who disapproved but for different reasons. 7 Riegelman's position is not clear; he voted against the a m e n d m e n t , 3 8 whereas he later stated that he supported it. 3 ® "Few of the proposals before that body were fought w i t h so m u c h bittern e s s . " 4 0 For the referendum, the pension amendment was lumped with forty-nine miscellaneous amendments as Proposal No. 1 on the ballot. Thereby the voters were denied the opportunity to consider the pension proposal on its merits. Proposal No. 1 was ratified. The pension amendment reads:

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After July first, nineteen hundred, forty, membership In any pension or retirement system of the state or of a ci Til division thereof shall bo a contractual relationship, the benefits of which shall not be diminished or inçalrod.41

Before trie Constitutional Convention convened, Mayor LaGuardla bad appointed a committee, composed of men in the department, to study the Pire Department pension system. The Committee's report, released October 25, 1928, before the Constitutional protections were ratified, shoved a change In policy on the part of the Fire Department leaders. "Firemen are ready to co-operate with the city in making changes in the pension and relief fund which will be of advantage to both firemen and the city."42 In a letter to Newbold Morris, president of the City Council, Assistant Chief of Department Joseph O'Hanlon, a member of the Mayor's Committee,'presented the facts on the retirement of the men. These were based upon a study of pensioners, I913-I937· O'Hanlon showed that the men were on the pension rolls for less than ten years, that the average age of retirement was 49, and that the hazards of the City's firemen exceeded those of firemen In other cities. No defènse for the privileged system appears in the Committee's report, although Vincent Kane was a member of the Committee. The police line associations also took a conciliatory position on pension revision. In answer to an inquiry from the Citizens Budget Commission, October 26, 1928, the Joint Committee replied: The only restrictions the Police have ever Interposed In the matter of pension discussione are the foilcnrlng which have been discussed with you on several occasions: 1. That the Police Pension Fund shan be maintained as a separate fund and ahull not be merged with any other fund. 2. That the city acknowledge Its past Indebtedness to the fund through the acorued liability. 3. That any benefits accorded to any groups In a similar classification to the police shall be made available to the police on request.

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That no plan or pension bill shall be construed to have the official approval of the police associations until It shall have been submitted, to a referendum of the members. Under these conditions ve are now and always have been, ready to sit down vlth either the City officials or the members of either state or city legielative bodies far the purpose of pension discussions.43 The change In position followed LaGuardia's resounding 1937 election victory and the publicity given to bewildering estimates on the accrued liabilities which the unsound systems were piling up against the City. Riegeiman argued that the resultant deb$ was a threat to the City's capital budget program and that, because of the necessary curtailment of all the City's services in consequence thereof, it would endanger the welfare and public health services of the City; furthermore the subsequent discharge of many employees would increase u n e m p l o y m e n t . 4 4 Other sources estimated that the City would have to float a bond issue of 400 million dollars to pl&ce the two systems on an actuarial b a s i s . 4 5 A pension measure appeared in the Legislative Session of 1939, the Babcock-Seelye B i l l . 4 ® It proposed that municipalities be permitted to borrow beyond the debt limit in order that the pension systems could be reorganized on a sound actuarial basis. If the employee contributions covered 45 percent of the cost, the systems were declared to be s o . 4 7 The backers of the measure included the Citizens Budget Commission, the Merchants Association, the Citizens Union, and the State Conference of Mayors. While this idea was under consideration, LaGuardla withdrew his support, stating that New Y o r k City would "put its own house in order." The Babcock-Seelye Bill was not carried. "The cops all over the state got together1 and defeated the measure, but it was tough. The State Police Conference and the P.B.A. Joined hands and saw that every member of the Legislature was approached and argued into voting down the bill."40

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The Reorganization Is Effected The Mayor's Joint Fire-Police Committee Included Joseph J. Burkard for the patrolmen's Association and Vincent J. Kane for the firemen's union; the police officers were represented by Inspector Patrick J. Daly, and the fire officers by Chief John Waldron. The negotiations consumed six months. Credit for the pension settlement ... must be divided among a number of persone. ...it vould be unfair not to single out one man who had done Just a bit more. That is Joseph J. Burkard, president of Patrolmen's Benevolent Association. ... vhen others vere ready to admit that they were licked by accepting planks they knev voùld be unacceptable it vas Joe Burkard vho brought things back to the level of honest, give-and-take discussion. ... Henceforth the pension plan should be called the Burkard Settlement.48

It cannot be said that the "Burkard Settlement" took place In a judicial atmosphere.50 Throughout the negotiations, rumors of proposed 18 to 19 percent pension contributions reached the men. The alleged Impending financial crisis which only actuarially sound pensions could resolve was widely publicized. "The legislature and the Council vili have to do something about pensions early In 1940 if the city is to escape what threatens to be the most serious financial crisis In its history.1151 The Mayor threatened the reintroduction of the Babcock-Seelye Bill in event of failure. In the final proposal the emolument or gratuitous aspect was lost. The former constitutional and legislative safeguards against change in the systems which would have given the force the right to bring the matter before the people through referendum, were not drawn upon. The settlement offered to men in the services at the moment, the privilege of retirement after twenty years of service for a six percent contribution, or vlpon payment of a five percent contribution, retirement when a twenty-five year service was completed. Pull sick pay after three days' illness, whloh the firemen had had, was included. No mention was made of the rates

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for new entrants ; these were left to be determined by local law. The contributions fell short of those required for comparable benefits from other public employees . 5 2 The settlement was subject to a membership referendum. The men, however, were not given an opportunity for careful discussion of the proposal either in their delegate bodies or in membership meetings. The rumor-charged atmosphere continued during the voting period.53 The police were required to sign their ballots, giving both shield and precinct number. They termed it a "Hitlerite Plebiscite."54 The final vote was: police, for 12,890, against 304, not voting 5,500; fire, for 7»8ll, against 1,178, not voting 2,700.55 In January 1940, the State Police Conference issued a pamphlet, "The Truth About .Pensions," in which the claim was made that false propaganda had put over the new system.56 The full implication of the new system vas understood when the rates for new entrants had been determined. In February 1940 the new system was established by local law.57 Entrants into the departments after April 1940 were placed upon graduated rates. For those entering the service at the age of twenty-one, the twenty-year pension required a 10.17 percent contribution and the twenty-five year pension one of 7·86 percent. Additional deductions to cover the widows' and orphans benefits were also made. Pens ion costs were estimated to run from 15 to 17 percent, highest being 18.35 percent for the twentyyear retirement and widow's and orphans' benefits.58 The associations did not press the claims of the new entrants, but the eliglbles1 associations made a strenuous albeit unrewarding campaign against the passage of the bill.58 "Why even the station house lawyers know that this pension scheme ia a pay-cut.,ιβ0 The men witnessed the return of the BabcockSeelye Bill in the Session of 1940 and its defeat in the Senate by a vote of thirty-three to nine, a demonstration of strength of the police and fire forces of the state.®1 "Two highly organized special civil

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s e r v i c e groups s t o o d a l o n e . . . y e t the s p e c i a l Int e r e s t s won and won o v e r w h e l m i n g l y . 1 , 6 2 In c o n t r a s t , the New York C i t y s e t t l e m e n t appeared as a premature c a p i t u l a t i o n and has remained a c o n t i n u i n g g r i e v ance. e s In 19^5 the P a t r o l m e n ' s Benevolent A s s o c i a t i o n endorsed a program f o r a change In pension l e g i s l a t i o n whereby the c i t y ' s c o n t r i b u t i o n t o the fund would c o v e r 70 p e r c e n t of the c o s t s . 8 4 The Uniformed F i r e m e n ' s A s s o c i a t i o n brought f o r t h the s u g g e s t i o n t h a t a d d i t i o n a l revenue f o r the pension fund be sought and the men's c o n t r i b u t i o n s thereby lowered.® 5 At the c l o s e of the LaG-uardla a d m i n i s t r a t i o n , a proposal f o r a s t r a i g h t s i x p e r c e n t c o n t r i b u t i o n g o t under way. 00 The Unions' Power Is I n c r e a s e d The new system removed the a d m i n i s t r a t i o n of the fund from the commissioners' power and p l a c e d I t In a Board of T r u s t e e s upon which the r a n k - a n d - f i l e associations are strongly represented. The p a t t e r n of the organization Is the same f o r each system. Repr e s e n t i n g the a d m i n i s t r a t i o n and c a s t i n g s i x of the t o t a l t w e l v e v o t e s a r e the Commissioner, the Compt r o l l e r , a r e p r e s e n t a t i v e f o r the Mayor, and the C i t y T r e a s u r e r . R e p r e s e n t i n g the men are the f o u r e x e c u t i v e o f f i c e r s of the P a t r o l m e n ' s Benevolent A s s o c i a t i o n or Uniformed Firemen's A s s o c i a t i o n w i t h power t o c a s t f o u r v o t e s , and f o u r o f f i c e r s a s s o c i a t i o n s ' r e p r e s e n t a t i v e s w i t h power t o c a s t a t o t a l of two v o t e s , or h a l f a v o t e a person. The Board must a c t upon a r e s o l u t i o n supported by a minimum of seven v o t e s . To o v e r r u l e the r a n k - a n d - f i l e , the a d m i n i s t r a t i o n must g e t the support o f two r e p r e s e n t a t i v e s of the o f f i c e r s ' associations. fhe Board of E s t i m a t e i s the o n l y check upon the B o a r d ' s rule-making power. A f t e r the l o c a l l e g i s l a t i o n was passed but b e f o r e t h e pension system went Into e f f e c t , F i r e Commissioner McElllgott granted t o himself a retirement b e n e f i t a t f u l l s a l a r y and t o e i g h t of· h i s a i d s pens i o n s r a n g i n g between t w o - t h i r d s and t h r e e - f o u r t h s of t h e i r s a l a r i e s . The Mayor's p r e s s u r e caused the

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Commissioner to hold his own retirement In abeyance. When his aids brought suit for the payment of the pensions granted, the courts declared the Commissioner's order lawful.67 During the period of uncertainty, Vincent Kane was transferred back to his home Engine Company. "With so much at stake, he's [ the Commissioner] willing enough to overlook a grudge and end the year-old Kane-McElligott feud."®8 For the future It seems possible that certain abuses of administrative discretion have found a check. Kane's votes at a later time thwarted the Commissioner's attempt to retire two Deputy Chiefs at more than half pay.®8 In 19^2 the associations' power on the Pension Boards was demonstrated in the action taken against the Mayor's retirement policy. Due to the unprece,dented number of retirement applications and the acute manpower shortage, the Mayor moved to place retirements on a monthly quota basis. The proposal was approved by the Police Pension Board, and 111 applications were delayed.70 After the officers had approved the plan, the Association sent out a questionnaire to secure the delegates' opinion on the staggered retirement plan. Since the results were never made known, it may be assumed that the delegates differed with the officers.71 In the Fire Pension Board the proposal was defeated.72 Walsh's intent to use withdrawal of the draft deferment as a coercion against the fire force has received comment in this study. A deadlock of six administration votes against six employee associations' votes held up retirements during 1 9 Ό - 1 9 ^ > Individuals turned to the courts for relief. A large number of the firemen eligible for retirement were young enough to take advantage of the war industry jobs open during this t ime. The Eight-Hour Day for Firemen Gained As has been mentioned, the firemen gained the eight-hour day or three-platoon system four years prior to the pension settlement. Even after the illtimed and poorly placed I93I-I932 effort, there had

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been no relaxation In their effort to gain the shorter hours. The Tammany regime took occasion to leave an eight-hour day measure for LaGuardla's action upon taking office In 193^· Impressive labor pressure was brought upon him to approve the bill. Kane sent state labor leaders to City Hall, and William Green deputized Frank Morrison.73 Following the Mayor's veto, the firemen sought a Nine-Hour Bill in the Board of Aldermen. 74 The same year, the international associations of the Fire Chiefs and the Fire Fighters, In their respective national conventions, recognized and gave emphasis to the nation-wide trend toward the three-platoon system. The latter association passed two resolutions: one, addressed to "its locals throughout the United States and Canada to have enacted In local laws an eight-hour day," and another, addressed to the Executive Council of the American Federation of Labor, that it "make every effort to obtain a favorable decision from Hon. Fiorello H. LaGuardia." The State Federation of Labor also passed a resolution urging the Mayor to establish the schedule.75 In 1935 the eight-hour Howard-Caffrey Bill in the State Legislature died In committee.76 In June, the Board of Aldermen passed a bill modifying the firemen's hours but it made no further progress . 7 7 In 1936 the total political situation both In the State and in the City contributed to the success of the three-platoon demand. The members of the State Legislature, coming up for election In the fall, were concerned because the deep salary cuts and the failure to grant restoration of the salary schedules placed the votes of all municipal employees in doubt. Again the gubernatorial election promised to De a close one. The city administration was offering a new city charter and a proposal for proportional representation for ratification. The whole weight of the Democratic party machine was opposed to both propositions.78 The uniformed men's associations had been active In opposition to the new charter, because "of the fact that it makes vital changes in

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the pension, system ... and also destroys the protection of the salary laws." 7 0 The Mayor was fully cognizant of the firemen's opposition. It was shown in I953 when the Seabury Charter was not carried, and again in 1934 when a commission was authorized to draw up a new charter. In the June 1934 meeting of the firemen's Association, the men were told that the charter "has been framed," and put over by a special message from the Governor. Proportional representation was considered "a great favorite among certain types of so-called reformers." 80 By 1936 both associations had committees studying the new charter provisions, but study would not do much to alter the generally held conviction that "all welfare laws qf the past twenty years may undergo drastic revisions or elimination." 81 With the charter at stake, the vote of the uniformed men rose in importance. But the Mayor was unwilling to grant the eight-hour day through local action. He was sitting on the two horns of a dilemma. On the one hand he lacked the courage to block the eight-hour referendum bill. It was even stated that he might have asked for it. 8 2 On the other hand, the grant of the firemen's referendum was an alluring bargaining counter for their support of es his cherished new charter. Two firemen's eight-hour bills passed both houses unanimously during the Session of I936» The demand had not appeared in the legislative program of the firemen's union as published in February 1936. The first notice of the legislation in The Chief appeared subsequent to the passage of the measures. It gave Eâne credit for the passage of the bills ; £ane, on his part, thanked organized labor for its support. 8 4 The Crews Bill provided for the immediate installation of the three-platoon schedule, and the Twoney Bill nade its installation as of January 1937 dependent upon an affirmative referendum. In neither case had the bills received the Governor's emergency message as required under home rule. The Governor vetoed the Crews Bill. The Mayor övaded an affirmative assent to the referendum bill; he stated,,

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however, that his only concern in the matter was the fact that the City could not at once find the several million dollars needed to defray the additional costs imposed by the measure. "The organized firemen said that they would be reasonable.1,85 On so insecure a footing the Governor approved the Twoney Bill. 80 The firemen's campaign for an affirmative referendum vote began Immediately. A pamphlet, "A Brief To The People Of The City of New York," was issued jointly by the State Federation of Labor, the Central Trades and Labor Council, and the Uniformed Firemen's Association. The arguments used in 19311952 were restated. 87 To reassure a large number of the men who preferred a restoration of salary to the shorter day, Kane argued that "the salary matter wil.i adjust itself in time.1188 In the August meeting of the State Federation of Labor a resolution was passed >ftiich petitioned the Legislature to terminate the Emergency Act. Kane used the resolution as evidence that salary restoration was at hand. The firemen spared neither time nor money in the campaign. Kane stated, "We intend to and will spend at least $100,000 on this eight-hour day issue this present year." 90 The'administration's comment on the matter seems to have been limited to Fire Commissioner McElligott's statement: "if ' the men want the three-platoon system, I am for it. If it Is going to make them happy, it is all right with me." 81 The Mayor made no move. The Citizens Budget Commission became immediately active. It petitioned the court for an injunction to restrain the Board of Elections from placing the proposal upon the ballot, on the claim that the act authorizing the referendum was in violation of the Home Rule Law. In October, the Court of Appeals sustained the lower, court's decision granting the injunction. 82 It was said that the Governor's failure to send .the required affirmative emergency message for the bill was due to the absence of the Mayor's approval and the opposition of the Citizens Budget Commission and the city's real estate organizations.83 OA

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The gubernatorial campaign reflected the issue. The Republican party candidate charged that the Governor had not handled the legislation in good faith. Kane refuted the charge.9* At the request of the firemen's union, Governor Lehman called the legislature Into special session October twentieth. After the Mayor's endorsement and the Governor's emergency message had been received, all legal obstacles vere cleared for the passage of the referendum measure. The Citizens Union asked that the installation be more gradual. This was accepted by the men, and the new bill set December 31, 1939, as the time limit for its complete establishment.®5 The Citizens Budget Commission estimated that the extension in time saved six million in 1937» a smaller amount in I938, and a minimum of two million In 1939·" These estimates may also be viewed as the losses sustained by the firemen. The subsequent affirmative vote upon the firemen's proposition ran ahead of the referendum vote upon the charter ratification by 464,989 votes, and ahead of the proportional representation proposal by 494,322 votes.87 The men believed that the court case had given them "a million dollars worth of advertising. " θ β The entire personnel of 10,625, an Increase of 3*691 men over February 1937» was on three platoons on January 1, 1940. Never In the history of the department had there been as many new Inductions and promotions. The participation of the organized fire officers in this campaign is of interest. The officers did not share in the campaign's cost; nor was a special assessment levied to meet it. "The U.F.A. was hesitant about requesting the officers' associations to share in the expenses of the eight-hour day campaign for the reason that their treasuries had every possibility of collapse If they attempted to comply."θθ The ever-present concern that legislative measures are not permanent, in 1937 caused the men to seek and secure an additional legislative safeguard for the three-platoon law. Repeal or amendment to

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the provisions by local lav vas made to depend upon an emergency message from the governor, a concurrent action of tvo-thlrds of the legislature and an affirmative referendum of the voters.100 In 1938, this vas given constitutional protection. The ease vlth vhlch the lengthened hours vere established In 1942 by departmental order has been noted In this study. By 1944, the tvo-platoon system vas again In use. In September 1945 It vas reported that the firemen vere vorklng seventy-tvo hours one veek, eight-four the next, and then ninety-six hours, vlth a tventyfour hour leave each veek. 101 The var created the emergency, but the conditions vhlch made the longer hours necessary had been established before the var. Veterans' Preference To complete the discussion of the activity of the organized men mention must be made of their action on veterans' preference. It vili be recalled that vlth the founding of the Nev York Department of the American Legion in 1919, aggressive and continuing pressure has been exerted for veterans1 preference. The associations vere not on record as being among the forces contributing to the defeat of the I919 bill, or the passage of the I920 legislation,102 but both associations played a part in the fruitless 1 OS

effort against the 1921 legislation. They joined the Civil Service Forum, the State Civil Service Association, the City Club, and the Civil Service Reform Association in the campaign to defeat the subsequent referendum. The officers of the uniformed men's associations toured the state, sent speakers to neighborhood groups throughout the city, issued a circular entitled "Nothing But The Truth," and made a generous contribution to the State Committee in charge of the campaign.104 The proposition vas defeated by a vide margin.105 In I923, the idea of preference for disabled veterana appeared. The associations played no part in the legislative measure proposing this, vhlch passed both 1928 and I929 Legislative Sessions and the referendum that fall. 108 The

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uniformed departments were considered to be unaffected by the provision. The physical requirements for the work were such as to disqualify disabled candidates.107 A repercussion of the disabled veterans' preference was not long delayed for the uniformed forces. In 1930, Lt. Daniel J. Prendergast was placed at the head of the Police Captain's Promotion List. Vincent Kane and Joseph Moran joined the Civil Service Reform Association In a suit to enjoin the action.10® In 1933 the abuses of the law provoked a proposal for legislative remedies. The Marcy Bill, comtemplatlng them, gave way to the appointment of a committee, the Committee for Modification of the Veterans' Law. To the committee, representatives of groups were appointed: Harry Marsh, Civic Director of the City Club; H. Eliot Kaplan, the National Civil Service Reform Association; Vincent Kane, the president of the Uniformed Firemen's Association; and a representative of the American Legion.108 The committee's report recommended that preference be limited to candidates for the entrance examinations. The associations placed this demand upon their legislative programs.110 In 1933 an extension of the disabled veterans' preference was narrowly defeated. The amendment proposed that men who were residents but not citizens of the state at the time of entrance into the military or naval forces be covered.111 The associations were not on record as opposing the measure. The associations did not display a strong interest In defeating veterans1 preference at the 1938 Constitutional Convention.112 During 1944 and In 1945 the State Legislature passed a sweeping veterans' preference measure: in 1944 the HamptnnDevany Resolution and in 1945 the Downey-Sherman Resolution.113 This amendment extended foi* a period to December 3I, 1950, and for no period less than five years following honorable discharge, an absolute preference on all lists of appointment, promotion and for retention, extended first to disabled veterans

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(they are not limited by the time limit of the act) and then granted to all v e t e r a n s . 1 1 4 In 1945 the Association of State Civil Service Employees campaigned against the measure in both the legislature and before the v o t e r s . 1 1 5 The associations do not seem to have played any part during the passage of the measures nor In the referendum thereon. The fact that the firemen and patrolmen in New York City were and are concerned has been shown by their effort to be drafted into the armed services. It was recognized as their only hope for promotion. 1 1 ®

Chapter Vili THE INTERNAL AFFAIRS OF THE ASSOCIATIONS 193^1-1946 FROM THE STRENUOUS EXTERNAL ACTIVITY on employee interest problems some glimpse of the internal affairs of the associations has been gained. Until 1938 the Patrolmen's Benevolent Association functioned under the leadership of Moran, who had a controlling Influence until his death in 1941. Vincent Kane held power in the Uniformed Firemen's Association to June, 1945. The internal affairs of each association reflected the entrenched leadership but also the growing cleavage in interest between the older and the younger men. Internal politics were further complicated in the patrolmen's Association; there were those demanding a greater membership participation and those holding a conservative position toward constitutional reforms. Through twenty-four terms of office, Moran held a steady and firm hand over the Association. "Even In the P.B.A. it has been known that when some delegate, got out of hand, he suddenly was transferred to another Precinct so that he automatically lost his delegateshlp.1,1 The Association worked closely with the police line associations and played an influential role In the State Police Conference.2 The Donovan Candidacy In the Patrolmen's Benevolent Association The first opposition to Moran's ticket appeared In 1935» at which time The Chief, not mentioning the names of the candidates, stated that they were younger men.3Moran's rötlrement in I938 necessitated a special election at which time Joseph J. Burkard, Patrick Harnedy, and William Buckhold contended for the presidency. Burkard won.4 In 1939, Burkard and Patrick Harnedy joined forces against Raymond Daiovan, 202

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the leader of a group demanding constitutional change.5 To I944, these three men kept the first places In contests. Donovan became the perennial third candidate, whereas the election became little more than a contest where "the delegates decided nothing but that they prefer Harnedy's democratic geniality to Burkard's dignified aloofness." 6 The D o n o v a n candidacy marked the emergence of a major Internal Issue. In 1934, after a twentyyear silence, the demand for greater membership control came to the surface. Patrolman Gustav A. Peterson proposed that members'in good standing be given the vote In the elections for officers and that the nominations for officers be open to all members. 7 After another period of silence, the demand reappeared In the 1938 special election. Burkard met it w i t h the statement: "That's for the membership to decide." 8 Without the consent of delegates, the membership had no means of making its will known. At this juncture Donovan began what became a n eight-year campaign for the constitutional change; after 1942 he was supported by the Civil Service Leader. Final victory was achieved In 1946. In the I941 election, Harnedy won over Burkard by a narrow margin of twenty-six votes. John E. Carton was elected first vice-president.® In the 1942 election, the Mayor's staggered retirement plan appeared as a n issue. "Harnedy's supporters think that he has handled the situation correctly, has done all that is possible. Burkard's backers claim that Harnedy Ì3 playing ball w i t h LaGuardia. Ray Donovan's adherents are fighting for the Brooklyn patrolman because of his campaign to have the P.B.A. election decided by popular vote....[There is a] surprising lot of sentiAent among the rank and file patrolmen in favor of him. 1,10 Harnedy more than doubled Burkard's v o t e . 1 1 In 1943, the 0stertag-Hammond Bill brought consternation to the delegate body. W h e n the leaders failed to fight to block the bill, there were rumors of "a deal. 1,12 Furthermore, Harnedy failed to secure

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a pay r a l e e whereas the s t a t e employees nad gained one. The s h a r p e s t c r i t i c i s m was v o i c e d : The C i v i l S e r v I c e Leader wrote of "the c o l l a b o r a t i o n i s t P . B . A . p r e s i d e n t s . . . they need l e a d e r s with g u t s , I n t e l l i g e n c e , f o r e s i g h t , and r e s o u r c e s . " 1 3 I t was reported t h a t Harnedy's p r e c i n c t , the f i f t e e n t h , was not s a t i s f l e d with him as I t s d e l e g a t e . 1 4 In the e l e c t i o n campaign, the younger men made known t h e i r g r i e v a n c e a g a i n s t the pension s e t t l e m e n t . They c a l l e d a t t e n t i o n t o the f a c t t h a t as e l l g l b l e s they had "found themselves alone In the f i g h t a g a i n s t the pension l e g i s l a t i o n then pending In the C i t y C o u n c i l . " 1 5 Harnedy's f a i l u r e s were l i s t e d . 1 ® At the e l e c t i o n m e e t i n g , the Donovan f o r c e s , f o r t i f i e d with a p e t i t i o n o f 3 , 0 0 0 s i g n a t u r e s , 1 7 were s t r o n g enough t o cause the Harnedy supporters t o p l a c e and c a r r y a motion t o submit the I s s u e of d i r e c t e l e c t i o n to a membership referendum. During the strenuous campaign, Harnedy f o r c e s had played one group a g a i n s t the other. The Bronx and Brooklyn patrolmen were t o l d t h a t "with popular e l e c t i o n s the Manhattan p r e c i n c t s would cont r o l t h e Patrolmen's Benevolent A s s o c i a t i o n . . . . P a t r o l p r e c i n c t s a r e t o l d t h a t t r a f f i c men would dominate or t h a t the d e t a i l men a t Headquarters would c o n s t i t u t e a s o l i d b l o c . " 1 0 Moreover, Harnedy was g e n e r a l l y popular. He was always a v a i l a b l e f o r consultation. "He t r e a t s cops as though they were v o t e r s . " Again h i s votes more than doubled B u r k a r d ' s , and y e t Burkard supporters were e l e c t e d t o key p o s t s . Burkard r e t i r e d from the f o r c e a f t e r the e l e c t i o n , w h e r e a f t e r Carton became the second p r e s i d e n t i a l c a n didate. The Harnedy motion, made a t the e l e c t i o n meet i n g , t h a t the i s s u e o f membership vote be submitted t o a referendum, was r e c e i v e d with cynicism. I t ' s plain to me, knowing P.B.A. delegates as a l l cope do that the whole thing Is some sort of a trick to prevent us from getting the v o t e . . . . I t may be delayed until interest slackens and is then fprgotten. I f passed, the delegates will ainçjlyre fu se to vote in fayor of popular e l e c t i o n s . . . . or may put

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over same plan that would be so unworkable that It would be as so bad as not voting at all.

"There are precious f9v cops who are proud of their delegates or who think that they are properly protecting the interests of their members."21 The cynicism was justified by subsequent delegate action. At the July meeting no action on the motion was taken. At the August meeting the motion was voted down. "The P.B.A. officers, having done nothing in spite of two directives from the delegates, made eloquent speeches describing the anarchy that would set In if the cops were even asked whether they wanted to vote. And 30 the delegates voted to drop the matter.1122 The turbulent 1943-1944 bonus negotiations followed. Vice President John E. Carton differed with Harnedy on policy, and the difference split the executive board. Harnedy was reported to have told "Carton that his presence at the meetings with the Mayor was no longer necessary.1,23 In the 1944 election "the issue which aroused the delegates more than any other was the action taken by Mr. Harnedy in accepting Mayor P. H. LaGuardia'B cost of living bonus for policemen in return for extra work despite the fact that the majority of the 14,000 members of the P.B.A. voted· against the plan."24 Harnedy, Carton, and Donovan contended for the presidency. Donovan offered the only specific platform: membership vote, better working conditions, a permanent raise, weekly pay, twenty-five day vacation, and the equalization of the pension system.25 The younger men had, In the interim, organized the Pension Forum, because of the inactivity of the Patrolmen's Benevolent Association on the pension issue. The new association was viewed as a rival, and during the campaign Carton attacked it. Prior to this action, the Civil Service Leader ran a straw vote on the election which showed Carton as favored.26 There had been a turnover of about efghty-five delegates, probably giving the younger men more representation. After Carton's attack on the Pension Forum, i't was reported

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that the younger men threatened to break away from P.B.A. should Carton be e l e c t e d . 2 7 "Many believe It [the attack] vas instrumental in defeating h i m . " 2 8 Harnedy was elected w i t h a margin of fifty v o t e s . 2 9 The bitter spirit of the election was reflected in Harnedy's letter to The Chief. He thanked the paper for its "honest and fair reporting of the elections ....[That it] did not attempt to interfere in the internal affairs of the organization....The election results prove beyond any doubt that the delegates and the membership are not affected by any brazen attempts of outsiders to try to interfere w i t h their decisions. The so-called straw vote has been repudiated."30 In the 1945 elections, Carton's platform took more definite form, and it m a y be assumed that he had recaptured his place w i t h the younger men. His platform included the employment of a public relations man, a $500 salary Increase, hour for hour overtime and emergency work, restoration of widow's pensions, cheaper priced uniforms, and a complete low cost medical p l a n . 3 1 Harnedy forces argued that this 3Ζ was not the time for change. W i t h the prospect of a change in the City administration and new leadership in the Uniformed Firemen's Association, experienced leadership was viewed as the greater need. Some of the delegates took a poll of the membership, and in the eight precincts reported, Harnedy r a n a poor race.33 It was reported that many members had petitioned their delegates to vote for Carton. 3 4 Harnedy assailed Carton for campaigning among the p a t r o l m e n . 3 5 A g a i n Harnedy carried the election. 3 0 Donovan's vote had increased. Carton was favorable toward membership vote, in August, Harnedy appointed a committee to study and report on the question of popular elections. Donovan was appointed to the committee. 3 7 In November the delegates voted to poll the members o n the i s s u e , 3 8 though "Patrick W . Harnedy is not favorably disposed toward the proposed plan. 1 , 3 8 In December, a report o n the vote announced that out of 6,578 ballots (only about a third of the

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40

membership), 4,880 favored direct voting. As the LaGuardla administration came to a close, the Patrolmen's Benevolent Association was moving toward a constitutional change.41 The Importance of Leadership in the Patrolmen'3 Benevolent Association The membership and the delegates keenly realized the need for better public relations. After O'Reilly's death, with the exception of a few years when Thomas P. Cummlngs was associated with him, Moran had served alone in the capacity of a public relations man. 42 From his retirement In I938 to his death In 1941, he served as executive secretary for both the Patrolmen's Benevolent Association and the New York State Police Conference.43 After 1941, the Association came under the direction of less experienced leadership. In 1943, the demand for a public relations man came to the surface. During the attempt to modify the temporary firemen's and patrolmen's bill In the State Legislature, the delegates "voted for the employment by the P.B.A. of a public relations man at a salary not to exceed $15,000. The delegates apparently pictured a combination politician, lobbyist, and trouble shooter.1144 It was generally held that "no cop or ex-cop should get the job." This may have contributed to the officers' reluctance to take action. As noted. Carton sponsored the demand. The urgent need for astute political leadership was Increased by the Association's activity in the State Police Conference. In 1935, Governor Lehman invited both organizations to send delegates to a policy forming conference: The Conference on Crime, the Criminal, and Society. Moran and Peter Keresman, exeôutlve secretary of the State Police Conference, attended. During the years immediately preceding, police administration had been the subject of Investigation.45 The studies pointed to the prevalent lack of a single effective authority with power to co-ordinate the activities of the police

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departments and its subsequent effect upon the morale and effectiveness of the police forces in the state. Personnel management as such was not comprehensivelyconsidered. The Governor's Conference presented its program to the Legislative Session of I936 In bills known as the Vollmer Program. The Vollmer Program included the establishment of police schools and police training, a State Department of Justice, and provision for state supervision of the local police departments.46 The police associations opposed the entire program. Its lobby called attention to the fact that political control over 45,000 police would thereby be centralized.47 The opposition received enough support to kill the proposal in two sessions. In the Sessions of 1955, 1936, 1957, and I938, the organized patrolmen defeated a Conference of Mayors' bill which recommended mandatory training of patrolmen through the regional schools of the Municipal Training Institute of the State of New York. The bill exempted New York City, Buffalo, and Rochester, where local facilities provided this training.48 Welfare Activity of the Patrolmen's Benevolent Association The Association has taken tardy action on the commonly pursued union welfare activities. In I958, Burkard established and operated for two years a Social Welfare Bureau.40 At the close of its first year, William N. McDonald, the director, stated: "The Bureau has been a financial advisor, psychological advisor, friend, hospital aid, insurance analyst, and welfare worker." It served 1,000 members and held 1,000 interviews with creditors.50 A study was made of the Incidence of suicide among the policemen. An unusually high suicide rate, as compared with the population at large, was found to exist among the New York City police force, reportedly due to "too many debts, too many troubles at home, too much drinking, ram-rod like discipline within the department, the handy revolver. Most cops say privately they can't stand the unrelenting, almost Inhuman pressure that

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S1

Is constantly exerted on them from above." It is not known whether this criticism of administrative practices was a contributing factor to the Bureau's early folding up shortly after the report was released. It may be assumed, however, that the study was a factor In establishing a loan plan for the men, effective December, 1941, arranged by the officers of the Association and the City Comptroller. Old obligations could be refinanced. Wage assignment to the lending institution was made possible, Interest rates were reduced, and the requirement of a co-maker on the loan was eliminated.52 Another welfare activity was founded under Burkard'e leadership - a Uniformed Co-operative Purchasing Association. Through it the price of overcoats alone was reduced from $68 to $39·95·53 During the first year, the members reportedly saved a million dollars In the purchase of outfits.54 A hospitalization plan was also set up, to which a standard fee for surgical care was added. In 1940, a Mutual Optical Plan was made available to the membership.5® In 1939* through the energy of Donovan, a Group Insurance Plan was established.57 In appraising the recency of the social welfare activities of the Patrolmen's Benevolent Association, it Is only fair to keep in mind that the American people have only recently become acquainted with these types of protection. The Patrolmen Face Flnanclai Difficulties The rapid increase in retirements during the I93O's and the beginning 1940's brought financial problems to the Patrolmen's Benevolent Association. On the one hand, the retirements drained the treasury, and on the other hand, the Mayor's non-appointment policy reduced the membership and thereby the income of the Association. The Association provided for a retirement benefit graduated in terms of years of affiliation and a death benefit claim of four*hundred dollars.58 The retirement benefit had been established In 1938 at the time retirements were mounting.

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It will be recalled that Moran'a retirement vas among these. In 1 9 ^ , It was reported that the treasury of $800,000 would be reduced to $300,000 should those eligible for retirement r e t i r e . 5 8 During I943-I944 $100,000 was disbursed by the Association. In 1944, t-etrenchment got under way. The retirement benefit was discontinued, and the "expense money" of all officers and delegates was reduced. A fifty per cent reduction in compensation for all the Association's officers was decided upon. The former payments were: to the president, $6,000; first vice president, $1,500; second vice president, $1,000; treasurer, $1,500; recording secretary, $800; to each of the five financial secretaries, $1,200; chairman of the Board of Trustees, $700, and to the other trustees, $600; sergeant-at-arms, $400; and to the delegates, 10 percent on all collections m a d e . 0 0 Under its charter the Association is required to set aside a percentage of its receipts, stated variously from 6 5 to 75 percent. The remainder is placed in the Contingent Fund from which the running expenses of the Association are drawn. W h e n the retirement benefit was cancelled, the furore reached the proportions of a mass threat to r e s i g n . 0 1 In July, after Harnedy's election, the expense accounts cuts of the officers and delegates were restored.® 2 Membership opposition to the discontinuance of retirement benefit was met by referring the matter to a n actuary for study. Throughout I944-I945 no report was released. 0 3 During the 1945 election, the Civil Service Leader published facts on the Association's expenditures for legal services and showed the steady decline of the resources in the Contingent Fund. Legal services from 1939-1944 had mounted from a n annual expenditure of $ 3 , 2 5 5 . 9 9 td $13,171.07. In 1 9 3 9 the Contingent Fund stood at $ 8 3 , 8 5 5 . 6 7 and in 1944 at $21,577.86. 0 4 The c o s t of the P.B.A. office was reported to be $25,000 a year.® 5 The Immediate restoration of the officers' expense money and the Inaction on the retirement benefits support the opinion that the police politicians "milk" their

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associations. Carton's 19^5 election platform included the "restoration of equitable cash settlement. " e a "Police politicians know just how much they can get away with, and so are forever devising plans to make use of this knowledge. Some organizations, as every policeman knows, are milked by their leaders for their own interests."®7 This criticism would seem to be true of the Patrolmen's Benevolent Association.6 8 The Younger Men vs. the Older Men in the Patrolmen's Benevolent Association The second difficulty faced by the Association grew out of its neglect to promote the interests of the Incoming men. Coupled with the rapid retirements, this shortsighted policy held dangers which the leaders failed to see. The new recruits had moved over the roughened road of the Mayor's appointing policy, the selective service draft, the probationer's salary cut, and the pension settlement. As eligibles on the civil service lists, they had learned .to operate collectively and developed their own experienced leadership. They had assisted Priai in two campaigns ; the 1933 primary for the office of Comptroller and in 1936 for the office of President of the Board of Aldermen.βθ Their significance as Tammany support was recognized by the Fusion Party leaders.70 By the time the younger men entered the department, they had learned to wage their own battles. The first impasse to reach the special press followed the court decisions through which the newly appointed men won their claim to the $2,000 probationer's salary. When the city did not move to pay the claims, the Association's officers advised the young men against suit to force payment. "it was not until these 300 rockies had been promised that the Patrolmen's Benevolent Association would go to the bat for them in this salary Issue, did these men sign their membership applications."71 In addition, their experience with the draft did not leave them indebted to the Association for help. Legislation

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protected the rights and status of those on the eligible lists classified as 1-A. 72 These men were "deemed to be engaged in military duty." From the time that In the course of appointment the recruit's name was reached, his service credit and seniority rights In the police and fire departments began.73 In the July, I9U2 appointments, ellglbles classified as 1-A were passed over. In September, those classified as 3-A were also passed.74 The legislation did not cover the 3-A men. Neither Association protested the Commissioners' actions. The men affected were forced to turn to the courts for relief, where the Court of Appeals ruled that the Commissioners had exceeded their discretionary powers.75 The disadvantageous pension settlement was of primary importance to the new entrants. In 1944, because of the patrolmen's Association's inactivity, a new organization took form. The Pension Forum, whose expressed purpose was to secure a revision of the pension settlement, secured department recognition despite the Patrolmen's Benevolent Association's opposition. "Many of the delegates were resentful of the new organization, but recognized the justice of the claims of the young patrolmen and agreed with Harnedy that the pension problem simply had to be faced as one of the most important before the Patrolmen's Benevolent Association."7® But this was not the only evidence of schism within the Association. Rumors of secession from P.B.A. grew in frequency and intensity. 1. P.B.A. doesn't really belong to the men, tout only to the officers and delegates. 2. Large groups of patrolmen hare no representation at all, even through delegates. 3. P.B.A. doesn't take up individua] grievances.77

In 1945 it was reported that the movement to organize awaited the return of the younger men from military service.78 Interest in affiliation with the American Federation of Labor sprang up. In 1944 the officers canvassed the possibility of forming an anti-union

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city-wide municipal employee association; the idea was vetoed by the delegates.7® There can be no doubt that the general surge of discontent with P.B.A. policy and the threat of secession brought the 19^6 constitutional change which gave members the right to vote. The Uniformed Firemen's Association under Kane's Leadership Whereas the entrenched leaders held P.B.A. throughout the LaGuardia administration, the younger men seized control in the Uniformed Firemen's Association. Until I943 Vincent Kane's leadership was uncontested. It weathered the pension settlement butj fell in the bonus struggle. For a decade his power in city, state, and national firemanlc and labor circles had brought prestige the New York City local. State firemanlc leadership was established with the founding of the New York State Fire Fighters Association, a federation delayed for reasons already stated. In 1930 the International Association of Fire Fighters strengthened its anti-etrlke position to facilitate unionization of the fire associations.80 Kane, at the 1930 convention, reported upon a state-wide organizing tour he had made. "Local 94 is doing everything possible, not alone for the formation of a state organization in New York State, but also in any state in the United States or any province In Canada."81 Not until I936 did he move to secure a resolution from the annual convention designed to stimulate a state organization In New York.82 Then, at the annual meeting of the New York State Permanent Firemen's Association, August 3-5, 1938, eight of the existing twelve firemen's unions formed the New York State Fire Fighters Association. Its stated purpose was "to combat inimical groups and to initiate remedial legislation for the welfare of all constituent groups."83 Frank A. Nelson was elected présidant and Kane vice-president. A Joint Conference of the line organizations of the Fire Department was organized in I928, and as

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has been mentioned, Kane was elected chairman In 1937· 84 In 1935 the Joint Conference, under the leadership of Chief Harold J. Burke, secured legislation for hospitalization,85 and for recovery for damages. 8e "It has been Increasingly successful In Its accomplishments as It matured and gradually wore away the antagonisms and suspicions of rank against rank."®7 The united front of the line organizations contributed to the acceptance of the pension settlement. 0 0 Volunteer V-Duty In 1941 was the result of a Joint Conference decision.ββ The Conference also launched a medical, surgical, and dental non-profit plan for members Inclusive of their dependents and relatives not earning more than $65 a week. It assumed the administrative costs of the service. 90 In 1944 a movement toward a new officers' organization, to be affiliated with the International Association of Fire Fighters, got under way. Kane was reported to have said: "There will be no charter while I'm there." 91 The power and prestige of the firemen's union was also shown in the part it played in the Fire Defense Committee of the State Defense Council. In May, 1941 Governor Lehman invited the Association to send three representatives.92 The Committee accepted Kane's suggestion that a survey be undertaken to secure the facts upon fire protection facilities of the state, including manpower and apparatus. The survey, begun in January, 1942, covered 5 7 counties, 60 cities, 90I towns, and 545 villages of the state. 93 The Association also made Itself felt In Washington circles. In 1934, representatives appeared before the P.W.A. for a loan to New York City for subway construction.94 In 1940 Kane, with the officers of the International Association, conferred with Congressman Wadsworth on a proposed amendment to the Selective Service Act, which would have given the President power to grant draft deferments for firemen. New York City's recruiting of 60,000 auxiliary firemen was viewed with alarm, and reduction of the regular firemen, due to the draft, was viewed as strengthening the auxiliary group. 95

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The Association also furnished a channel for two additional complaints. The cost of supplies and uniforms and their purchase from designated .firms has been a long standing grievance. In 1955 a Uniform Committee presented the facts and appeared before the N.R.A. Board charging "that the New York City Firemen were the victims of a uniform tailors1 racket."8® The fireman's overcoat cost $20 more than did the patrolman's; the same garment priced at $50 for New York City men was sold for $35 in Buffalo. His uniforms cost $58 against the patrolman's at $ 3 8 . 9 7 Though McElligott took no effective action to remedy the situation, at no time was he personally implicated in "the racket."ββ The second grievance emerged from the Welfare Fund. It was established in 1938, to avoid the constant solicitations at the fire houses for contributions to charity. The men contributed fifty cents a month to the fund. Frank A. Mott became the outspoken critic of the administration of the Fund. Certain disbursements were made public, for example, $5,000 for the department athletic and band fund. As a consequence of the disclosures many men refused to cohtinue their contributions. In April, 19^5» after Assistant Chief John J. McCarthy called for the names of all men not contributing, I32 men were transferred. Among the transferred were 45 non-contributors including Frank A. Mott. Vincent Kane's stand was one of "100# approval of the fund," but also that "the men had a right to decide on whether they wished to contribute." The presidents of the four line associations joined in the proposal that their members stop contributions, pending an investigation of the Fund. Thereupon the Commissioner criticized the "misguided leadership on the part of a very small politically inlnded minority."99 Kane Loses Control Vincent Kane's position in the Association deteriorated rapidly after the pension settlement. The failure of the referendum on the salary bonus and

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the Inability to obtain the Mayor's acceptance of the firemen's terms in 1944 added impetus to the revolt of a rising young men's group. These men were of the opinion "that the smoothness in the relations between the organization and the department may not be indicative of health... .When things are too friendly between the union and the management somebody is bound to lose out." 100 Unredressed personal grievances mounted large ; cases of transfer and other coercive measures taken by superior officers. "The union doesn't stand back of the men. There Is no regular machinery for handling small grievances.... A standing grievance of many firemen is the officious ness and occasionai outright tyranny or some of the officers....The men accept capricious actions."101 Too frequently the only available redress was individual court action. In the 1943 election the Committee for the Improvement of the Uniformed Firemen's Association presented an opposition ticket to Kane. Its leading candidates were William J. ReId and John P. Crane. Kane won over Reid; Crane won the vice-presidency. Both Reld and Crane are college trained, and Reid is an experienced labor man. 102 Throughout the subsequent two years, Kane and Crane did not "hit it off." In 1945 Kane supported an unpopular City Council bill that provided for longer periods of suspension without pay in cases of infractions of the rules and regulations of the Fire Department. Men had been dismissed for dual job holding. It was argued that if longer période of suspension were allowed, the resort to the dismissal penalty would he lessened.103 Kane's support of the bill had been ratified in a special meeting, but later withdrawn in a general meeting. Kane had been responsible for the shelving of a resolution before the City Central Trades and Labor Council condemning the 1944 transfer of Crane.104 The membership held a third grievance against Kane. He had been ordered, by action of the membership meeting, to employ a specified publicity man and had failed to do so. Finally a vote of censure was passed

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against Kane, the first Instance of such action In the·history of the Association. 105 Kane's withdrawal of his candidacy In the 1945 election followed closely upon the vote of censure. 1 0 8 Harry V. Crews, the trustee for Brooklyn and Kane's close friend, took his place upon the ticket. Crews had strong political contacts: his brothers, John R. Crews and Robert J. Crews, are respectively Brooklyn Republican leader and assemblyman. The opposition ticket was headed by John P. Crane and William J. Reid. Crane's campaign summarized the failures of the old regime as follows : 1. Failure to give you effective representation In Labor, In Albany, In the Mayor's Office, Commissioner'e Office, and honest presentation of Department conditions to the Public. 2. Failure to retain the confidence of the members, of Labor, of Civil Service Groups, and of the Politicians. 3. Failure to obey the mandates of the members in negotiations, in Publicity, and at Conventions. 4. Failure to maintain the basic principles of the U.F.A. by not protecting a Free Pension System, not maintaining salaries and allowing a breakdown of Civil Service and Working Conditions. 5. Failure to take proper steps to protect the 8-hour day or to eliminate the excessive working hours of the Two Platoon System. 6. Failure to assume responsibility and take prompt action In the Investigation of the Endowments. 7. Failure to protect our members from public ridicule when they were fighting for the protection of their rights. Θ. Failure to live up to basic principles of organized labor, refusal of civil service and labor's support in negotiation and attempted legislation.icrr The Crane-Reld election began a new period In the history of Local 9 4 . 1 0 8 Crane's Presidency The new officers became active immediately, james F. Chambers was re-employed as business secretary. 1 0 8 The demand for the re-establishment of the

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t h r e e - p l a t o o n schedule i n c r e a s e d In tempo. A s a l a r y I n c r e a s e and f r e e uniforms were p l a c e d on t h e l e g i s l a t i v e program.110 The h a n d l i n g o f U . F . A . p u b l i c i t y was p l a c e d w i t h a f i r m t h a t has s t r o n g R e p u b l i c a n and Democratic P a r t y a l i g n m e n t s . 1 1 1 A News L e t t e r was launched the purposes o f which were g i v e n as f o l l o w s : 1. The U.F.A. deelree more and favorable recognition of i t s e l f as an organization; f o r i t s members as f i r e - f i g h t e r s ; f o r the Fire Department as a v i t a l public service. 2. The U.F.A. wishes to generate in the minds of i t s own members greater pride In their membership; greater pride In being members of the "Bravest;" to make the Firemen more aware Of the Important role they play in the c i t y ' s l i f e . 3. The U.F.A. desires to bring about a closer a f f i l i a t i o n between the citizens of this city and the Firemen - to make the public conscious of the unswerving loyalty and e f f i c i ency of i t s Firemen In a hazardous occupation; to bring heme to the public the fact that they can rest content, safe in the knowledge that their Firemen are on constant guard f o r their protection. 4. These News Letters w i l l be the medium through which the Firemen can voice their opinions and submit their side on controversial questions, and present their problems f o r the information of the public. This presentation w i l l be without bias and s t r i c t l y in accordance with facts. I f we f e e l censure to be In order I t w i l l be given. I f we f e e l that the Firemen are being unjustly condemned or discriminated against, we w i l l be prepared f o r rebuttal. 5. We do not propose to be belligerent, but w i l l be aggressive and militant In defense of the Firemen. We w i l l endeavor to make these News Letters brief and to the point, but not at the expense of slurring over Important items. These Hews Letters w i l l be circulated throughout the various f i r e houses, through the frees and radio stations, and through civic organizations. We want to keep these sources of public opinion f u l l y aware of what i s going on in our Job. We want to unite the Firemen on a l l questions affecting their welfare, and enlist the support of the public in our behalf. 1 1 2

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The program is as aggressive as the purposes of the News Letter Indicated. The Association will attempt to secure a general revision of the pension system, to gain for the firemen a voiqe in the a f fairs of the Department, to participate more fully in labor matters. "Labor will have an increasing responsibility and power in the future of this country. Firemen labor, thus their interest in the labor movement." In the fall, the candidates in the municipal election spoke before the U.F.A. Crane stated that "enlightened self-interest should determine our vote in the municipal election....particular recommendations for the solution of the problems now existing in the Fire Department should Influence our v o t e . " 1 1 3 Crane appealed to President Truman directly for the release of the New York City firemen in the armed s e r v i c e s , 1 1 4 whereas it was reported that the Mayor had gone to Washington to secure the release of policemen but not the f i r e m e n . 1 1 5 The Firemen's Wives Assoclation The record of the firemen's associat'onal activity would not be complete without reference to the Firemen's W i v e s Association. W h e n the officers of the firemen's union were put under ban in June, 1944, a n Immediate consequence was the organization effected by the firemen's w i v e s . 1 1 6 In July, a permanent city-wide organization was completed. "We m a y eventually add 5,000 more organized voting citizens to the bargaining power of the U.F.A. 1 1 1 1 7 A Citizens Committee to Defend Firemen's Rights was founded, a n d a campaign against the gag rule l a u n c h e d . 1 1 8 The A s sociation attracted public attention in the budget hearings of 1945. The Wives presented a full and dramatic summary of the firemen's working conditions, stating that their appearance at the budget hearing was because of the fact that the men were g a g g e d . 1 1 8 The pressure wae strong enough to rouse the Mayor to comment on the "Petticoat Brigade" that was trying to interfere w i t h the conduct of the d e p a r t m e n t . 1 2 0 The Association remained active o n all issues; pressing

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for the reinstatement of the men dismissed for dual job holding, for the three-platoon system, and for a salary increase. The Associations' Action on Administrative Proposals Friends of public service unions will be disappointed to note Instances when the Associations failed to support programs designed to Improve the services. Two are conspicuous during the LaGuardia administration, namely, in reference to Civil Service Commissioner Kern's proposal to raise the educational and physical standards for the recruits entering the services, and City Chamberlain A.A. Berle's report on the Police Relief Fund. The Kern proposal to use mental tests (a prior suggestion had attempted to place the requirement of high school graduation for candidacy121) and to grant added credit to candidates with college background and college and/or professional athletic records would alter the socio-economic recruiting basis. The employment difficulties during a depression heightened the forces' general prejudice toward "too many college men." In addition, Kern proposed a separate list for detectives, from which both permanent and temporary appointments would be made. The patrolmen valued the long established practice of appointing detectives from the patrolmen's rank. It opened an opportunity for salary increases without qualifying examinations. "influence" counted in securing these designations. Though the men ultimately lost their case, Kern's proposals were fought through to the Court of Appeals.122 The opposition to an Investigation of the administration of the Police Relief Fund la an instance when the men's best Interests were sacrificed. It will be recalled that Enright's wrecking of the reserves of the Police Relief Fund wae not exposed by the associations. In 193^ after Enright's political power was broken, Moran blocked the Investigation. "We might expose ourselves to liability if we criticize former trustees."123 The associations took action on the matter of appointment practices during this administration. In

THE INTERNAL AFFAIRS OF THE ASSOCIATIONS

221

1956 and again In 1957 the patrolmen's Association pushed for state legislation which would make appointment in numerical order mandatory, unless the case of skipping was sustained after a public hearing on written charges subject to court review.124 It is revealing that no action of this nature appeared during the Hylan and Walker administrations when the abuse vas glaring. In 1937 Mayor LaGuardla asked the Governor to veto the measure stating: "I have given all of my department heads the order that they must appoint the top men on the list or obtain my consent for doing otherwise." He held that the measure would put the City's administration in a strait-jacket.125 In 19^3 the Uniformed Firemen's Association protested a violation of the Civil Service Law. Just prior' to the expiration of a Deputy Chief's promotion list, the Mayor ordered the Budget Director to increase the quota of men in this rank although the organization of the department did not call for an increase. The Budget of I942-I943 had provided for forty-seven posts in this rank. Upon the Mayor's order the number was raised to fifty-seven and the last ten men on the promotion list were appointed just two days before the new budget went into operation.12® The Civil Service Reform Association brought suit to stay the appointments and won the case.127 However, since the law makes provision for preferential appointments for excellence, the Mayor certified them. The firemen's union has kept the instance before the public.128 In retrospect the period in review has certain conditions in common with an earlier one, that of I9OO-I914. For the Patrolmen's Benevolent Association both periods were marked with membership dissatisfaction, a demand for a democratic control of the Association, and leadership In flux although limited to changes within a ruling clique. For the firemen the periods were diametrically opposite, as during the LaGuardla period their Interests were strongly sponsored by the Uniformed Firemen's Association whereas during I900-I914 they were without an organization specifically concerned with their problems. The

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resort to additional pressure through wives auxiliaries reverts to a practice of the earlier period. During both periods the associations functioned In opposition to strong civic groups. Their main effort was expended against administrative programs. During both periods the men were defeated, largely because the associations lacked expert legal and political counsel as well as a close inter-organizational unity. By the very nature of their membership, their lack of independent trade union status, and their common problems, expert advice and inter-organizational unity are essential to strength. The period in review was one during which home rule legislation was broadened and the associations' political leverage was lessened. However, during the struggle over the bonus the firemen's union witnessed the strength gained from an informed and sympathetic public. This may foreshadow a future political leverage for the associations, for the public administrators may In the future lack the security which results from a public's general Ignorance of personnel problems. Moreover, civic groups may of necessity come to direct attention to personnel mattere and therewith furnish the power to hold the associations' publicity to "unbiased" facts. If all three forces - the administration, the employee associations, and the civic groups - come to depend upon the support of public opinion, management practices consistent with the democratic genius of the people will not be long delayed in New York City.

CONCLUSIONS THE FOREGOING HISTORY of the firemen's and patrolmen's unions In the city of New York warrants certain generalizations. The reasons for the unions' unreadiness to rely upon trade union practices, the strength of employment milieu as a determinant of union practices as well as accounting in part for their failure to seek redress on certain grievances, and the influence of their internal government upon their policy and on public opinion toward the unions, are among the areas of interest. When the unions' practices and experiences are viewed in the light of current opinion on public employee unionism, neither the charges and the fears of the opponents nor the role ideally attributed to unions^y the friends of the movement have been supported. This fact alone may make the case study important to students of public administration. Certain characteristics may be briefly summarized. The men have not been and are not now ribboned off into splinter organizations. The unions have had and continue to hold a monopoly of membership, in each instance better than ninety percent of those eligible for membership. The unions have sought alliances. They have co-operated with the associations representing the higher rank officers in their respective departments, and inter-departmentally their representatives have participated on joint committees w They have worked with and received the support of other city and state employee groups. They took the initiative in organizing state federations and have played an important role therein. Labor affiliation has aided the firemen. However the firemen and patrolmen have been shown to have close mutual Interests, much closer than those which exist between each and Its respective superior officers or with those of employees in other city departments. The 223

22k

FIREMEN'S AND PATROLMEN'S UNIONS

relatively brief period during which the Joint Council united their union officers proved Its value· On the other hand, the superior officers ' Interests have run counter to those of the men, as shown clearly on salary Issues. The Internal organization of their unions have differed, the organizational pattern in turn has been the result of or been influenced by the relative independence from political control existing. Their union programs and defensive or offênslve tactics have reflected this also. Wages, shorter hours, and pension benefits have b e e n sought and defended. During these campaigns the firemen have played the more positive role. E a c h g a i n toward Improved conditions of work has consumed years of effort and been expensive in terms of money. On the other hand, many detrimental employment conditions have been docilely endured. Both unions have experienced periods of consolidated leadership and other periods during which new leaders have contended for control. Strong labor leaders and politicians have sprung from their organizations, but as is usual in unions, the internal politics have been of Interest to only a small number of the large memberships. B o t h internally and externally, the unions have been shaped by the political milieu of the community and by their own socio-economic background. The first has also precluded their development to responsible trade unionism. Though drawn from the labor class, at no time have the men set forth the common trade union demand of collective bargaining. The unions have functioned as political pressure groups. In many instances they have failed to play the role ideally allotted to unions. At all times however, they have shown a serious regard for public safety.

Union Practices Related To External Factors Important among the determining employment conditions has been the absence of the "model" employer's standards of liberal and forward-looking

CONCLUSIONS

225

working conditions and responsible administration. By and large the New York City administrations have not been concerned about employment conditions, have not studied the worker's needs.1 By and large the men earned more than they could have secured through private employment. Intra- and lnter-political party struggles have been reflected in the management of both departments. The police, and to a lesser degree the firemen, have borne the brunt In the conflict between the political machine's needs, the civic reform groups' Interest In good government, the large taxpayers' Interest in economy and low tax rates, the demands of certain groups for special favors, and the general public's ignorance of administrative practices. Departmental orders have followed the shifting strength of organized forces within the community and the dominant factions within the Democratic party machine. Although the political forces have in fact given a degree of continuity to, employAent practices, the men have been more keenly aware of and disturbed by the Immediate and transient modifications in policy. For this reason, a permanent officer who stands as an intermediary between the force and the commissioner has been viewed as a protection against the vagaries of policy. Above all, the men have not been innovators or reformers ; as individuals and collectively they have sought to know what wa's expected of them. They have wanted "to learn the ropes" and to operate within them. Political control and government directed by the organized business interests would be endangered by the development of strong employee unions and channels for consultation and negotiation. Since the late I92O's and -on minor matters, the mayor or the commissioners have conferred with the representatives of the men, but at no time has public policy or departmental policy been dependent upon joint agreement. The one instance where collaboration on significant policy seemed to be involved (made necessary because of constitutional and legislative protections), namely in the pension settlement, collective

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FIREMEN'S AND PATROLMEN'S UNIONS

consultation was carried forward under most unfavorable circumstances. The administration has frequently faced resistant subordinates and during the process of putting a decision Into operation, high employer-employee tensions developed. Mayor Walker's plan for salary decreases and Mayor LaGuardla's econoay bill, police probationer's salary cut, and the salary bonus proposal illustrate this fact. The exclusion of government employees from the 1927 State Labor Relations Act and the court decision in the Columbia University Case may control the 1938 constitutional provision on collective bargaining. But should the trend move in the direction of permitting collective agreements within the confines of the commissioner's legal jurisdiction, it may be assumed that its use will be long delayed in these departments. The organized men are not ready to place their confidence therein. On the other hand, forward-looking administrators will establish some type of grievance machinery. This alone will promote union - administration practices which may do much to redirect present suspicions. Due to the fact that top management, represented by the commissioners and their deputies, has served rather as an instrument for carrying out the orders from "invisible" governors than as policy determining public officers, the men have by-passed them. The bargaining has been done before state legislative committees and with the leaders of the city political machines. The Democratic leaders have served as a substitute for responsible administrators. The district leaders run "business" along recognized rules and for recognized purposes. Each leader òperated his own complaint bureau upon his own terms, but was readily accessible to the men Individually and to their union representatives. Collectively the politicians, when faced with strong pressure during uncertain political weather, have been ready to facilitate the unions' demands before the state legislature. Neither through the political leaders nor through high administrators have the

CONCLUSIONS

227

men been afforded experience In arriving at agreements whose enforcement rested upon the good faith of the contracting parties. Past experience has established a distrust in working conditions laid down by administrative order or by local law. The organized men have exerted their effort against the state legislators. The unions have sought state mandatory legislation. That Involving the use of the referendum has become their most effective Instrument for wage and hour demands. Its use may be considered a consequence rather than a cause of irresponsible legislatures and administration. For the enforcement of the legislatively determined conditions of work, the men have frequently turned to the courts. This reliance upon favorable state legislation has necessitated a union policy of close contact at all times with.both major party machines: the Democratic party for local concessions and for consent for state legislation as required under the Home Rule Law, and the Republican party for support on state legislation. "influence" is of the essence, as illustrated as recently as 19^5 in the firemen's union's choice of a publicity agent. A firm with strong Republican and Democratic party affiliations was selected.2 Thus, a fear of the opponents of public employee unionism has been borne out: the New York City firemen's and patrolmen's unions, whether affiliated with the labor movement or independent, have been and are strong political pressure groups with state-wide and labor alignments. However, it cannot be said that the strength of the organized men was inordinate during any struggle. Years of effort were consumed in achieving any single demand. The lag between recognized need and its relief has been conspicuous. The thwarting of the Babcock-Seelye Pension Bill of I939 and of 1940 was the result of a statewide effort and the (aen's strongest show of strength, matched possibly by the 1914 defeat of the Mltchel Police Bills. Throughout the half century covered in this case study, one is impressed by the

228

FIREMEN'S AMD PATROLMEN'S ONIONS

disproportionately large expenditure of money and of effort which each achievement cost the men and not by their strength as a pressure group. The associations' strength in elections was even less Impressive. Even in combination with the united vote of other organized public employees, it can hardly be said that their vote would be a determining factor except in closely contested elections. Nevertheless, with their families and friends, the voting strength of the uniformed men has been recognized by all parties. Overt alignment with or against a political party has failed to be very productive, even in instances when the men were finally on the winning side. They obviously lack all means of forcing elected officials to honor their preelection commitments. For these reasons their better strategy has been to establish friendly contacts with both major parties, to strike heavily for their demands during election years, and always to continue their pressure. Aβ a consequence, the associations have been politically subservient. They have learned that they must move from political activity on the local level to activity on the state level. The men know the cost of being shunted back and forth from Albany to City Hall. Their greatest fear remains the possibility of being closed off from appeal to the state legislature, to be "at the mercy of the City." As Vincent Kane stated: Once he [the fireman] Is removed from the protection of state-wide legislation, he is at the mercy of local politicians, who In many Instances, will not hesitate to use their authority to reward those who serre them or penalize those who will not.3

Because of the trend toward a more comprehensive application of home rule, this danger Is ever present. Good government groups will condemn the organized men's opposition to administratively determined conditions of employment, their opposition to home rvíle, their resort to mandatory state legislation' and to referendum legislation, violative of

CONCLUSIONS

229

both administrative and legislative responsibility. In the last analysis, however, a contraction of the associations' political activity will depend upon the degree to which responsible public administration exists. At such time the organized men and the public may be ready to place some reliance upon trade union processes. Union Practices Reflecting Internal Departmental Conditions Assoclatlonal activities of the firemen and patrolmen have also been determined by the repres-» slve autocratic administration In which the men work. The undemocratic atmosphere In both departments is Intensified by the semi-military organization with its hierarchy of ranks and its detailed rules and regulations. The interests of the political machine have been well served thereby, for a few men in superior posts have Insured the faithful implementation of orders. The associations have not attacked the semi-military set-up as did the London police in 1919. It might be assumed that since the entire force has been drawn from a common socio-economic group, the superior-subordinate complex would be mitigated. Since the men are Inducted at an early age, however, they and the officers drawn from their rank, lack experience with an administration subject to democratic practices. The very fact that the officers are without special background for leadership may Indeed Intensify the autocratic patterns of control. The men seem to accept the superior-subordlnate relationships and autocracy in management. Therefore, the lack of an aggressive demand for consultation and negotiation on the part of both unions has not rested solely upon the commissioner's absence of final power to determine policy. On the other hand, the unions' failure to satisfy membership need for the handling of Individual complaints against the tyrannies of superior officers may be due to the

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FIREMEN'S AND PATROLMEN'S UNIONS

acceptance of autocracy as well as to the resistance of political leaders to a check upon management. In most cases the individual's consent to conformity is won through the general atmosphere of the department. Discipline is enforced through a battery of coercions and rewards. The penalties range from reprimand to fines, transfers, assignments, summary suspensions without pay, and to dismissal from the force.4 Every cop who gets a complaint is subjected, to triple Jeopardy. He gets fined ... he gets points deducted from his credit on future exams,...he Is frequently given the most disagreeable assignments and may even he put on the unwritten blacklist in his precinct. 5

Corresponding rewards also produce conformity. The leaders of the unions have been recipients of privileged assignments as well as punished through transfers. The practice of Internal promotion® has given added strength to the tactics of rewards and punishments. Each censure and commendation becomes a part of the man's service reúord, and the service record is one of three factors used in determining promotion. It is frequently the deciding factor.7 No better device could be invented for maintaining a particular esprit de corps which inhibits independent action running counter to it. "Fear was the watchword, fear of exile to remote beats and posts, fear of withheld promotions, fear of every sort of political lash for non-conformance with the bosses' will."® There with the channels for repression seem to be complete. However, the Tammany "squeeze" has operated against the men as against all individuals and groups that have been forced to reckon with the machine. The police union's dependence has been shown by the fact that it has not exerted pressure to remedy "the system" from which few profited and all suffered. Under such internal employment conditions, threats against the men have usually been effective. As had been noted in connection with Mayor LaGuardia's pension settlement negotiations and the

CONCLUSIONS

231

salary bonus struggle, the use of Intimidation Is not limited to Tammany administration. Department repressions have developed specific defense mechanisms which have received assoclatlonal backing. Against the petty tyrannies of Immediate superiors, Individuals seek "influence." W h e r e this is not obtainable, the m e n must "grin and bear it." W h e n subject to penalties after departmental trial, the refuge is resort to court review of the commissioner's order. The unions have vigilantly protected this recourse. The "sue m e " attitude of Mayor LaGuardia was answered with actions at law brought by both the unions and the men. Managers may learn tricks atout folks and "put things over" on them. But such managers are likely to find that the practice of putting things orer on people soon becomes a boomerang.0 The New York City experience has demonstrated the rebound in the form of adverse newspaper comment on administration policy. Moreover, the Crane transfer has shown that the active opposition of Independent citizen groups and of the City Council can be aroused to the embarrassment of the administration. The threat of a breakdown in the morale of the forces and the subsequent ever-present fear of departmental scandals may also serve to deter the old flagrant abuses of boss rule. A more aggressive defense program on the part of the unions toward management may be In the process of formulation. This is foreshadowed in the 1945 program of the Uniformed Firemen's Association. A policy "to give the firemen an active living voice In the affairs of the department but always within the scope of necessary discipline" was a n n o u n c e d . 1 0 The limitation placed upon orders by the Court of Appeals' interpretation of Rule 248 in the 1946 decision in the Crane c a s e 1 1 Introduces a new and internal check upon administrative action. The qualified right to speak may comprehend the right to issue the usual trade union publications. It will be

232

FIREMEN'S AND PATROLMEN'S UNIONS

recalled that this was denied In I919. A new Independence toward the privately controlled civil service newspapers may be foreseen, as evidenced by the Uniformed Firemen's Association issuance of the News Letter in I 9 4 5 . 1 2 The 1920 state legislation, which granted to civil service employees the right to petition (now Section 15 of the Civil Rights Law), opened the way for the associations' increased strength as political pressure groups. The fact that a departmental rule and order must meet the standards of reasonableness may in turn open the way for closer consultation between the representatives of the men and the administration. When considered In conjunction with the constitutional guarantee of the right to organize and bargain collectively from which government employees are not expressly excluded, the unions' dependence upon the political party support may become lessened. A change "from management as a dominant force to management as sensible working arrangem e n t s " 1 3 may be ushered In.

The Unlóns' Practices Viewed in the Light of The Role Ideally Attributed to Unions The unions' failure to support administrative proposals is related to certain prejudices and suspicions of the men. All administration-sponsored personnel policies or reform-sponsored plans have been suspect. In the main, Tammany-Initiated proposals were advanced as modifications to the associations' demands; as, for example, the exemption of the traffic squad from the eight-hour day law, Hylan's counter salary proposals In I920 and I92I, and the shift to salary legislation when the firemen's threeplatoon system issue arose in I928. Enrlght's hospital and police club ideas were not favorably received. On the other hand, the proposals advanced by the reform administrations, though of advantage1 to the employees, often lacked careful preliminary

CONCLUSIONS

233

explanation. The men appreciate good government, but on occasion have failed to understand the intent of the suggestion or have noted its inherent and to them disadvantageous implications. Two illustrations may be recalled where the men's tenable position failed to be understood by the reformers: namely, when the Mitchel administration tried to secure legislation for the elimination of court review of the Police Commissioner's orders on disciplinary cases following department trial determination, and when the LaGuardia administration raised the health and education standards for entrance into the public safety departments. In the first instance, the administration viewed court review as an obstruction to effective management and as not protecting the men at· the point where they really needed protection, namely, against unfair police trials. Defenseless in a ruleridden, autocratically managed department, the mén regarded the right to review as their only protection. The sweeping power of the commissioner to issue the order remained the one important fact to the men. In the instance of the associations' opposition to Civil Service Commissioner Kern's proposal to raise the educational and physical standards for entrance into the services, such friends of civil service as Albert De Roode and H. Eliot Kaplan were in honest disagreement with Kern. It can fairly be argued that the suhsequen4" change in the socioeconomic background of the recruits would not necessarily improve the services. Friends of public service unions will also be disappointed in other Instances where the associations more clearly failed to measure up to ideal standards. Old practices have lingered. If men were rewarded for Deing good policemen instead of for knowing the man with the green umbrella, they would concentrate on being good policemen instead of trying to make contacts.14

2}4

FIREMEN'S AND PATROLMEN'S UNIONS

At no time did the associations attack the internal abuses prevalent within their departments. The Patrolmen's Benevolent Association has been silent on the abuses of the type exposed by the Seabury Investigation, namely, the lawless "squaring" and "throwing" of cases, the "fixing" of charges, the shakedown graft which the racketeering fringe of the police force operated. It has been reported, moreover, that "there have been cases in which the associations have paid their members' judgments.... funds at times are applied to the employment of attorneys who defend policemen in court."15 Neither has the Association protested against the general practice of lawless and violent law enforcement. Indeed, in the 1915 "Ellison Affair," a protest was registered when Police Commissioner Woods forbade its use. The record of the New York City police use of the third degree and other strong-arm methods has continued to be a dark one. 10 The associations' record In defense of the Civil Service Law is not a clear-cut one. The Uniformed Firemen's Association has at no time attacked the unusual number of exempt posts and special salary budget lines In the Fire Department. The associations have supported the practice of appointment and promotion in strict numerical number from the eligible lists. It will be recalled that Commissioner Woods' skipping of lieutenant Enright became an election issue. It will also be recalled that Police Commissioner Enright's disregard of the practice and the flagrant violations during Walker's administration were not protested. The policies of reform administrations are short-lived and can with safety be opposed. Those of a regular machine administration form the basic condition of employment and must be accepted. The friends of public employee unionism have assumed that the unions would undertake ceVtaln activities for the membership. The New York City associations have fulfilled the promise to a limited degree. Until the 1930's the association-sponsored

CONCLUSIONS

235

social activities were limited to a yearly entertainment, the proceeds of which were used for special relief funds. In recent years the firemen's union has expanded Its services. Christmas baskets and a fall picnic for the orphaned families of firemen are now a part of the regular program. Care and attention is given to those who are ill and in distress. No mention of like services rendered by the patrolmen's union has reached public attention. Its welfare bureau was short-lived. The men use the Police Recreation Camp. Co-operative purchasing and medical care services have been established by both unions. On the other hand, conspicuous membership needs have not been serviced. No responsibility has been assumed for membership education. No contribution has been made toward in-service training directed toward raising the standard of work or to prepare for promotion; 17 no planned discussions' have been conducted to give an understanding of the economic or political implications of the proposals the associations have sponsored or opposed. On this latter point, the conduct of the pension negotiations stands as an illustration of neglect. The need for membership understanding of the legal, economic, and political aspects of the proposal was urgent, yet the men were left helpless, the victims of rumors. Nothing has been done in the.area of trade union education - the clarification of union practices and the government employee's relation to organized labor. In the realm of In-service training, the associations have not appeared as interested supporters of the educational programs initiated in other quarters. In I928 and 1929, when the New York State Conference of Mayors launched its state-wide training schools for firemen and patrolmen and tttese schools developed into the Municipal Training Institute of New York State, the city unions failed to register interest In the movement and In its subsequent proposals and work. 18 Likewise, In 1935* when the LaGuardia administration made a short-lived attempt to offer to a selected number of firemen, who were interested'in fire

236

FIREMEN'S AND PATROLMEN'S UNIONS

fighting hydraulics and engineering techniques, a college course, the firemen's union took no public notice of the Idea. 1 ® Likewise no mention vas made of the activity of the Bureau of Public Service Training established by the Civil Service Commission in 1937·20 In part the general neglect of educational activities may be due to the Department's adequate facilities for training and the Delehanty Institute's firmly established position for the candidates' preliminary training. Again, the preparation for promotion affects only a minority of the force, and so might well be left to individual initiative and existing facilities. The associations have limited their activity to pressing for promotion examinations w h e n the schedules have been delayed, to opposing out-of-rank assignments, and to urging appointments to all vacancies. This is the record of union practices. The Patrolmen's Benevolent Association has followed the general policy of "playing ball" w i t h whatever administration was in power. This must, by the very nature of their service, continue to be their role. The firemen's union's relative Independence is related to many factors. The department is more removed from the vortex of politics; in fact, its freedom from political control is conceivably possible. Aggressive patrolmen, either as representatives of the men or as individuals, can be more readily singled out than is true of firemen who work within a close interdependent group. The firemen have the opportunity for discussion and group planning. Firem e n drawn to associational leadership therefore have a more likely disposition to run risks and to speak up. Moreover, public confidence in and the general attitude toward the two forces have differed. Generally, the firemen have had public support and have been appreciated ae "The Bravest." On the other hand, Tammany's designation of the police as "The Finest" has not allayed the public's suspicion of possible corruption.

CONCLUSIONS

237

The f a i l u r e t o p l a y the rounded r o l e or t o show a r e a d i n e s s f o r r e s p o n s i b l e t r a d e union p r a c t i c e s n o t w i t h s t a n d i n g , the f r i e n d s of p u b l i c employee unionism w i l l note t h a t the conduct of the New York C i t y unions compares f a v o r a b l y w i t h t h a t of organized p o l i t i c a l groups and l a b o r unions g e n e r a l l y . The apprehensions which the opponents t o unionism have c o n j u r e d up r e c e i v e l i t t l e support In t h i s c a s e s t u d y . I r r e s p o n s i b l e l a b o r l e a d e r s , aided and a b e t t e d by p o l i t i c i a n s , have n o t t h r e a t e n e d the c i t y a d m i n i s t r a t i o n of d u l y e l e c t e d o f f i c e r s . P r i a i and E n r i g h t , however, i l l u s t r a t e another and i n f r e q u e n t l y ment i o n e d danger, namely, the emasculation of the organi z e d employees' c o l l e c t i v e s t r e n g t h by p o l i t i c i a n s w i t h i n the c i v i l s e r v i c e . This e v e r - p r e s e n t p o s s i b i l i t y may b r i n g the good government f o r c e s t o an advocacy of s t r o n g independent unionism. They w i l l f i n d support f o r t h e i r stand in the f a c t t h a t the o r g a n i z e d men have shown a h i g h r e g a r d f o r the p u b l i c w e l f a r e . At no time was the p u b l i c s a f e t y put in jeopardy because of employee d i s c o n t e n t s . At no Indeed, the time has a t h r e a t of strike been used. f i r e m e n r e s e n t e d Mayor LaGuardia's i n s i n u a t i o n t h a t a s t r i k e might f o l l o w h i s p o l i c y in the matter of a c o s t - o f - l i v i n g bonus t o the f i r e m e n . The t r a d e union movement might r e s e n t the f i r e m e n ' s a c t i o n during the 1937 b u i l d i n g s e r v i c e s t r i k e , when the f i r e m e n manned the e l e v a t o r s a t the Mayor's o r d e r s , but the f r i e n d s of p u b l i c employee unionism might c o n s i d e r i t as a t e s t of l o y a l t i e s . The union l e a d e r s were n e v e r Imp l i c a t e d i n the r e v e l a t i o n s of the i n v e s t i g a t i n g committees. I t i s t r u e t h a t the o f f i c e r s of the pat r o l m e n ' s A s s o c i a t i o n have found t h e i r p o s t s In the A s s o c i a t i o n r e m u n e r a t i v e , y e t no r e a l s c a n d a l s In the use of i t s funds have reached p u b l i c n o t i c e . The unions have n o t been d i s r u p t i v e f o r c e s i n the admini s t r a t i o n of the departments. Exaggerated p x p e c t a t l o n s a r e a r e a l hindrance to progress. To foreshadow an i d e a l union program i s long-range planning. Expectations f o r i t s achievement w i t h i n the e x i s t i n g a d m i n i s t r a t i v e framework,

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especially In the near future, are evidence of a failure to comprehend the determining factors in the complex situation. Complete and Ideal programs may have to await the time and the place, after long years of experience In co-operative activity, "where the officers of government, themselves persons of superior virtue and Intellect, are surrounded by the atmosphere of a virtuous and enlightened public opinion." 2 1 To make public employee unionism contingent upon ideal union or administrative standards removes the dynamic Instrument through which the present might prepare the ground for the future.

The Need for Democracy within the Pnlon Effective management-employee relations demand a firm footing of responsible public officers together w i t h employee representatives free to act promptly and resolutely by virtue of a mandate given them by their constituents. The Internal organization of the union rises to a position of first importance as the union's participation In management takes form. The effective execution of the determinations arrived at through consultation depend upon membership support. Emerging from the wide publicity given to Instances of union leadership abuses, a growing public Interest in the internal organization of unions has been aroused. 2 2 Until 1946 and throughout the half century covered by this history, the New York City firemen's and patrolmen's associations have a f forded illustrations of both a democratically organized union, the Uniformed Firemen's Association, and two associations operating under undemocratic constitutions. In the latter instance, the Firemen's Mutual Benevolent Association and the Patrolmen's Benevolent Association, a consolidated leadership could with ease resist membership demands and often frustrate what appeared as majority will. Democratic union organization depends upon the ordinary membership checks: frequent election of

CONCLUSIONS

239

officers, nomination and vote open to members, membership meetings for full discussion and determination of over-all policy (and where membership meetings are too large, a representative delegate assembly for this purpose), the use of the referendum available on important issues, adequate publicity on all associational affairs, rules prohibiting racial discrimination, membership available to all men In the rank, and full financial accounting to the members. It has become Important for both the membership and the public that a full realization be gained of the fact that the rights of the members depend solely upon the constitution and by-laws of the voluntary associations. Where the action complained of Is within the by-laws and the constitution, the courts have refused to Interfere with the Internal government of the association. All that is required is that "[the constitution and by-laws] must be reasonable and adapted to the purposes of the corporation. They must not be contrary to nor inconsistent with the laws of the State.1,23 In New York State, voluntary corporate associations are subject to the inspection of the justices of the Supreme Court,24 which this study has shown as lacking in Implementation. The charges against Clifford and the investigation into the affairs of the Firemen's Mutual Benevolent Association may be taken as an exhibit of the present public surveillance over the affairs of the unions. However, the State's reserved powers of visitation upon the corporate records exists. Public and membership defense against controlling cliques in voluntary associations has been strengthened as the result of a recent United States Supreme Court decision. In United States vs. White25 Justice Murphy, speaking for the Court, held that the scope and nature of the economic activities of incorporated and unincorporated organizations demand effective regulation. To remove the organization from government regulation,

240

FIREMEN'S AMD PATROLMEN'S UNIONS

The test ie vhether ve can fairly eay under all the circumstances that a particular type of organization has a character so Impersonal in the scope of its membership and activities that it cannot be said to embody or represent the purely private and personal interests of its constituents but rather to embody their group interests only.

It may follow that the courts will Increasingly aafeguard the rights of the Individual member against the action of the union's officers.20 Where the associations carry endowment features, the private and personal interests are doubly clear. At all events, entrenched bureaucratic union leadership calls for checks which members and the public can readily use to hold it to good conduct. In New York, until such time as the courts are asked to declare upon the coverage of Section I7 Article I of the State Constitution to government employees, the firemen's and patrolmen's unions exist by consent of the commissioners.27 The standard of a democratic internal control might be made a prerequisite of union recognition. Where Authorized Channels for Management-Empioyee contacts Might Be Established This case study warrants the conclusion that certain intra-departmental channels could readily establish management-employee participation on certain departmental problems. Conditions in New York City favor their development. The growing strength of organized labor, the power of the American Labor Party, and the rise of unionism among the employees in the other city departments, all these factors portend that a common personnel policy might have to be accepted by all parties: the public, the majority party machines, the administration, and the employees. It must be assumed that as the channels function and the good faith of administrative agreements stands the test of actual implementation, the representatives

CONCLUSIONS

241

of the uniformed men will be challenged to take a serious vlev of the process. Important among the Inevitable repercussions vili be the Mayor's strengthened control over labor policies and the checking of the tyrannies of superior officers on all levels of direction. Friends of public employee unionism might veil aid by creating a vide public understanding of the specific changes In management-employee relationships as they become formulated. Good government groups might veil be Interested In vlevlng strong employee unions as a means for safeguarding and strengthening the civil service advance made during the LaOuardla administration. The first of the channels should meet the urgent need for grievance machinery. Its establishment has long been advocated. During the Nltchel administration a short-lived beginning vas made, 2 8 and during the LaGuardla administration the unionized employees in the other city departments kept the demand before the public. The practices established in the Welfare Department as veil as in some other agencies are illustrative of a trend tovard change. 2 0 tot11 1946, however, the farthest advance made In the matter of individual firemen's and patrolmen's grievance was the "open door" to the commissioner's office, but vlth access not made easy. No authorized channels provide for the commissioner's contact with the representatives of the men on matters of collective concern. The difficulties faced by the Individual are revealed in the departmental rules. The Fire Department rule states: Members ehall not visit Headquarters of their Superior Officers without permission from their intermediate ccnmandlng officers. If their reguest for such permission Is not granted, they may forward a request for an Interview either through official channels or by mall; such request shall state briefly the purpose of the interview. " 3 0

The Police Department rule is more liberal:

2k2

FIREMEN'S AND PATROLMEN'S UNIONS A member of the force may apply for an interview with the

Police Commissioner, in writing either direct or through official channels. 31

There exists no appeal from the commissioner's decisions on matters that do not flow from departmental trials and the subsequent direct orders from the commissioner. During the LaGuardla administration the commissioners were line men - the Inheritors of the entrenched traditions of the force. The conformist had little need for recourse to the commissioner; whereas the nonconformist had little hope of a fresh and objective review. On the basis of past experience It would seem that the grievance committees as well as the appeal boards would call for representatives from the civic groups as well as from the unions and the administration. The channels should be established by local law in order to provide the Instrumentality for enforcing their use. In 19^5 regular meetings of the representatives of officers and firemen with the First Deputy Commissioner were announced by Fire Commissioner Walsh, but the next month the plan was abandoned. 3 2 The deeply established autocracy in these departments will defeat any type of consultation which is not compelled by law and which Is not under strict surveillance of organized citizen groups. Consultation in rule making Is another area inviting careful study. The City Charter centralizes the rule-making power in the heads of the departments. 3 3 Conceivably, under so wide a grant of discretionary power, consultation may be had freely. Consultation is carried forward with top level officers, and In special instances with the representatives of the men. 3 4 As has been mentioned repeatedly, the basic sense of equality, so fundamental in man-to-man contacts where real consultation Is sought, is lacking. 35 The officer group will zealously guard its prerogatives; the narrower their area of dominance, the stronger will be Its defense. However, an earnest effort made to secure consultation will be

CONCLUSIONS

24?

aided by the fact that the undemocratic character of the present management Is not receiving Its past docile acceptance. The men are restive. As compared with the older men on the force, the recruits today are the product of Improved socio-economic conditions. The raised standards for entrance into the services have widened the differences between the older and the younger men. 3e Open criticism from the rank and file of employment policies has reached public attention. In 1940 the patrolmen's Social Welfare Bureau's study of police suicide was disturbing. "Most of the cops' say privately they can't stand the unrelenting, almost Inhuman pressure that Is constantly exerted on them from above." 37 If the City does not experience another deep economic depression, the men entering the services In the future will be less willing to accept such employment conditions as now exist in the public safety departments. Specifically, management-employee consultation as to rule-making might well be directed first to a consideration of inequities in salary, vacations, pensions, and promotions. Moreover, public interest can be easily aroused in these aspects. It is true that "the Budget Director - or more properly the Mayor - Is the one who allows the present conditions to remain," 3e yet the interest of taxpayers and good government groups may bring the area of salary inequities to a relatively earlier consideration than might be conservatively anticipated.39 Salary inequities have been obscured in the past largely because the rank and file salaries were high as compared with the salaries paid by other American cities and those In private employment for comparable qualifications. These conditions are changing. As the standards for entrance into the services are raised, the candidates are drawn from sections within the population which also qualify for better paid positions in private employment. The City enters a labor market in which recruiting problems may arise. The recent return to the $2,000 police probationer's salary, augmented by the $420 bonus, indicates that

244

FIREMEN'S AND PATROLMEN'S ONIONS

a new »age floor has appeared. The dominant majority of the men will remain In the rank-and-file rank throughout their service. In the future, a stronger interest in the differential between officer-rank salaries and those of the men will be shown. Another aspect of salary inequity, one that has been a continuing grievance of the taxpayer and of the men, lies in the frequency of especially favored salary lines In the Fire Department. Yet another aspect especially Irritating to the men of all ranks is the policy of assigning men to the higher salary posts but at the lower rank salaries. Changes in the present budget lines, if made, might well rest upon a cooperative study. Second in Interest to salaries is the matter of pensions. The new regulations for the setup of Pension Boards provide for representation of the men. This does not insure that pension determinations will escape the Inequities of the past. Although pension grabs through fraudulent decisions of the Medical Boards have received a check, the Pension Boards still have discretionary power. An officially established grievance committee on matters of pension determination, by its very presence, would reduce the number of questionable pension decisions. As matters now stand, the only redress available Is a taxpayer's suit or a pensioner's suit. Mayor LaGuardia's use of suspension without pay against men who contested the decision of the Pension Board Is an ugly record. The growing demand for a revision of the I940 scale of pension contributions will drive the unions to seek adjustment through direct political action. Consultation and negotiation on special determinations would do much to establish an atmosphere of conciliation. Vacation allotments and promotion procedures are also determined by rule. Vacations are based upon rank: the higher the rank, the longer the vacation.40 In the interest of equity, some regard might be paid to length of service if not a flat

CONCLUSIONS

245

vacation period be granted to all. The differences are small, but jealousies and Irritations spring from such discrimination. On the other hand, promotion policy permeates the entire structure of the organization.41 A review board on disciplinary matters, with public representation upon it and with surveillance over the charges against the men and the conduct of departmental trials, would contribute to the lessening of one great source of Inequities. Promotions in the past "often went with the more genial qualities than an unswerving loyalty to law."42 In the appointment of police inspectors, in particular, the Independent police captains are repeatedly passed over. But promotion from the lowest level, that of the patrolmen and firemen, is the most important. From the promoted men determined on this level, all future superior officers In all uppèr grades will be drawn. An advisory committee of representatives of the force, empowered to give an Independent estimate of the candidates under consideration for promotion, would fix the attention of all the men upon police and fire work. The recomnendatlon of the advisory committee would serve as a check against the service record which is now* the product of evaluation by superior officers and Is often determined by "influence." The advisory committee would place a new responsibility upon the unions. The Moot Question of Labor Affiliation Has this case study thrown new light upon the claim that the public employee union's strength depends upon affiliation with organized labor? It cannot be said that the relative independence of the firemen's union was the outgrowth of labor affiliation. It is quite possible that its labor affiliation is due to the fact that the union Is strong, and that this strength is not due to the comprehensive membership alone, but rather to the department's relative independence from political control.

246

FIREMEN'S AND PATROLMEN'S UNIONS

Affiliation has aided the firemen in all their struggles. Throughout the twenty-seven years, the firemen have not at any time entertained the idea of withdrawal from the American Federation of Labor; indeed, they have steadily moved toward closer alignment with organized labor both within the city, the state, and in the International Association of Fire Fighters. The patrolmen, too, have received organized labor support. Their position is well understood in labor circles·. However, the recently renewed interest in unionism was not solely motivated by the need to force the Association's leaders to yield to constitutional changes. Despite the departmental rule prohibiting affiliations and the Association's dominance in the State Police Conference, the patrolmen seem to be reaching for greater collective power. Reliance upon the officers' associations has its definite hazards; close affiliation with the firemen has its definite advantage. The country-wide trend toward unionism cannot leave the New York City men unchallenged. This case study has shown the usually weak position of the patrolmen. If they follow the nationwide trend, the general public will have the deciding voice of approval or disapproval. Public recognition must be given to the organized men's need for legal and public relations counsel. The unusual service of an O'Reilly will probably never recur. The quality of professional advice is Important to the whole community, and proposals that are economically and administratively sound should result therefrom. Affiliation with organized labor would place greater resources at the disposal of the union so that they would secure legal and public relations counsel and be burdened less frequently with expensive campaign outlays. An affiliation with labor would entail a more serious consideration of employee proposals by organized citizen groups and by the administration in power. To the degree that these results are achieved, not only would the men's time and money be conserved, but responsible administration would also be served.

CONCLUSIONS

247

Labor affiliation would appear to be a matter to be decided by the employees concerned. Denial either by statute or by administrative rule runs counter to democratic principles and to modern Industrial conditions. These conditions have brought a change in public policy toward public employee unionism. A public body as employer must of necessity enter the free labor market and there meet the competition of the private employers. As independent unionism gains wider acceptance in private employment, its penetration into public agencies deepens. The concept that the state or its subdivisions as employer must not be challenged is outmoded. Whether in privately or publicly managed enterprises, honest collective bargaining adjusts differences in interest before they reach the crisis stage. The permissible weapons in all labor warfare, in Instances when irreconcilable groups will not work out a reasonable compromise, will differ. They must be related to the type of service Involved. The democratic community might well use the "clear and present danger" test In its search for valid distinctions which in turn will Isolate the permissible weapons. The degree of the community's dependence upon industrial peace must be reflected in the types of offense and defensive measures used. The core of unchallenged governmental authority essential to the safeguarding of community life will thereby be clearly revealed. It is quite possible that a firemen's or a railroad strike will present a greater danger to the common welfare than would be true of· a policemen's strike. In the public interest, all matters of public management, other than hiring,wages and hours, lie within the discretionary powers of public officers. Decisions upon these matters must win not only consent but also the active co-operation of the employees on all levels. Government agencies operating on the basis of mere employee yielding are too expensive in terms of public welfare. "There is no way of making consent spell co-operation. You have to have

248

FIREMEN'S AMD PATROLMEN'S UNIONS

participation before you can get co-operation.1143 Democratic institutions and processes remain the sole means of achieving co-operation from free peoples. Democracy in administration - It is just possible that we may have It in our day - calls for public confidence born of a faith in democracy; for public officers with power, vision, and good will; and for strong and independent employee unions under membership control. Those of the firemen and patrolmen must be included.

REFERENCES Chapter I 1. International City Managers' Association Municipal Yearbook, XI (1944), 204; ibid., XIII (1946), 204. Number of Cities That Have Employees in Affiliated Organizations. Cities of 10,000 and over as of January 1, 1944 and January 1, 1946 Affiliated Organization American Federation of State, County and Municipal Employees, A. F. L. State, County, Municipal Workers, C. I. 0. International Assn. of Fire Fighters, A. F. "L. Fraternal Order of Police

Jan. 1, 1944 Jan. 1,1946

201

238

70

88

435 169

496 Not re ported

Civil Service Assembly of the United States and Canada, Recent Developments in Public Administration. Annual Report of the Secretary. Special Bulletin No. 6. (1937), Ρ- 3International City Managers' Association, Municipal Yearbook, V (1938), 22. Employee Relations In the Public Senvlce, A Report Submitted to the Civil Service Assembly by the Committee on Employee Relations In the Public Service (Chicago: Civil Service Assembly of the United States and Canadá, 1942), pp. 215-16. Employee Organizations in the Public Service, A Statement w i t h Respect to the Relations of Government w i t h Its Employees by the Committee on Public Employer249

250

FIREMEN'S AND PATROLMEN'S UNIONS

Employee Relations of the National Civil Service League (1946). 2. New3 Bulletin of Public Administration Clearing House, Release No. 2 (March 13, 19^5)· The International Association of Fire Fighters claimed 477 locals and the American Federation of State, County, Municipal Employees claimed 221 locals. The Civil Service Leader, June 5» 19^5» P· 5; International City Managers' Association, Municipal Yearbook, XIII (1940), 132. 3. Ordway Tead, "Labor Unions in a Democratic State," Good Government, XXXV (I9I8), 133; William Dudley Foulke, "Labor Unions in the Civil Service," ibid., 120. Other articles In Good Government, XXXV (1918), 145, 151, I63, 168; XXXVI (1919), H-I8, 139-147, 188-193; XXXVII (I920), IO6-IO7, 118-122. 4. Civil Service Assembly of the United States and Canada, Proceedings of the Twenty-Ninth Annual Meeting (Oct. 1937). Other publications also. 5. Employee Organizations in the Public Service. A Statement with Respect to the Relations of Government with Its Employees by the Committee on Public Employer-Employee Relations of the National Civil Service League (1946). Other publications also. 6. The National Institute of Municipal Law Officers, Power of Municipalities to Enter into Labor Contracts. A Survey of Law and Experience. Report No. 76 (August, I94I). Municipalities and the Law in Action (1941) summarizes Report No. 76, pp. 254-55. Charles S. Rhyme, Labor Unions and Munlclpal Law (Washington: National Institute of Municipal Law Officers, 1946). 7. Foul Ice, loc. cit. 8. Tead, loc. clt. 9. Frank Mann Stewart, The National Civil Service League (Austin: The University of Texas, Ι929), p. 225. 10. Raymond B. Fosdlck, American Police Systems (New York: The Century Company, I921), pp. 320-21. 11. Robert Catherwood, A Stabilizing Institution. National Civil Service Reform League. Proceedings

REFERENCES - CHAPTER I

251

at the Thirty-Ninth Annual Meeting, February, I92O, p. 69; Ibid., pp. 3, 39. In reference to British development, The First Report of the Committee on Relations between Employers and Employed was released In 1917. This was known as the Whitley Report of 1917 and therein the plan for the Whitley Councils was presented. The value of the Whitley Council type of organization received notice in the 1946 report. See above, note 5· 12. Good Government, XXXVII (I920), 122Γ 13. The Civil Service Reform Association, New York, Report of the Executive Committee, 1941, P· 12; Charles E. Crowell, "Municipalities and Labor Unions," American Municipalities, LXIX (1944), 17; J. Edwin Mugford et al^. V3. Mayor and City Council of Baltimore, Circuit Court No. 2 of Baltimore, April I3, 1944. Nutter v¿. City of Santa Monica, California District Court of Appeal, Second District (I946). The idea is one of long standing as shown in The Chief, Feb. 4, I9II, p. 4, Editorial; Joseph Steward, "How Can Government Employees Secure Redress of Grievances without Striking." The National Civic Federation, Proceedings of the Twelfth Annual Meeting, March, 1912, p. 62. State courts have time and again ruled that a municipality cannot discriminate in favor of members of a labor union. 14. The Civil Service Assembly of the United States and Canada, 29th Annual Meeting, 1937. "Affiliation with Organized Labor Movement," p. 63. 15. The National Institute of Municipal Law Officers, Municipalities and the Law in Action (1941), P. 235.

16. The Civil Service Assembly of the United States and Canada, 0£. cit., p. 64. 17· E. L. Johnson, Unionism in the Federal System (Dissertation, University of Wisconsin, I938). 18. J. W. Errant, Trade Unionism In the Civil Service of Chicago I895 to I930 (Chicago: University of Chicago, 1939). 19. H. Eliot Kaplan, "Have Public Employees the Right to Strike? No, " National Munielpal Review, XXX

252

FIREMEN'S ATO PATROLMEN'S UNIONS

(1941), 5 1 8 ; The Civil Service Reform Association, New York, Report of the Executive Committee, 1941, p. 11. 20. Employee Organ1za11ona In the Public Service. A Statement with Respect to the Relations of Government with Its Employees by the Committee on Public Employer-Employee Relations of the National Civil Service League, 1946, p. l8. 21. The National Institute of Municipal Law Officers, Report No. 94, pp. 40-44. Brief by Dana Van Dusen, General Counsel, Metropolitan Utilities District, Omaha, Nebraska. "Law Relating to Collective Bargaining between Municipalities and Their Employees and the Effect of the Distinction between Governmental and Proprietary Functions"; City of Cleveland vs. Division 268 Amalgamated Association of Street, Electric Railway and Motor Coach Employees of America, 30 Ohio App. 395 (19^5)· Nutter vs. City of Santa Monica, California District Court of Appeal, Second District, (1946). 22. The National Institute of Municipal Law Officers, Report No. 76, August, 1941, p. 41. William C. Chanler, "Brief on the Transit Union Labor Agreements Case, New York City." The opposing position holds that the power is fairly and necessarily implied as an essential for attaining the very purposes for which the municipality exists. 2?. The National Institute of Municipal Law Officers, Municipalities and the Law in Action ( 1 9 4 1 ) , p. 235. 24. The National Civic Federation, Proceedings of the Twelfth Annual Meeting, March, I 9 1 2 . "The Relations of the Public Employer to His Employee," pp. 60-61; Foulke, 0£. cit., 121; President Franklin D. Roosevelt's lette*· to Luther C. Steward, President, National Federation of Federal Employees, August 16, 1937» National Institute of Municipal Law Officers, Report No. 76, p. 24; Zisklnd, One Thousand Strikes of Government Employee, (New York; Columbia University Press, 194p) presents the arguments of the opponents to government strikes, pp. 248-56. The National

REFERENCES - CHAPTER

I

253

Civil Service Reform League, Annual Report 1941, "Conditioning the Civil Service for War," p. J; The National Institute of Municipal Officers, Proceedings, 1941, pp. 234, 241; Kaplan, loç. cit., 518; Ellis Ranem, "Bargaining Rights in Civil Service," Survey Mldmonthly, LXXVIII (1942), 42; "Resolution of the United States Conference of Mayors against Strikes of Municipal Employees," United States Munielpal News, II (I944), 2. Also, National Municipal Review, XXXIII (1944), 196. The ban against the strike appears in the Labor Management Relations Act, Public Law 101 (1947) Sec. 305. Also Acts of Virginia 1946, C. 333. Laws of New York 1947, C. 39125. Good Government, XXXVII (I920), I07. Tead, op. cit., p. 134 "The plain fact is that left to itself the State has neither the knowledge nor the inclination to alter for the better the conditions under which its civil employees work." 26. T. S. Williamson and Herbert Harris, Trends in Collective Bargaining (New York: Twentieth Century Fund, 1945), p. I93. 27. Employee Relations in the Public Service. A Report Submitted to the Civil Service Assembly by the Committee on Employee Relations in the Public Service. (Chicago: Civil Service Assembly of the United States and Canada, I942); Ralph C. Davis, Employee Morale: Business Administration in a Changing Economy, Michigan Business Papers, No. 3 (I939), pp. 25-37; Clinton Golden and Harold J. Ruttenberg, The Dynamics of Industrial Democracy (New York: Harper and Brothers, 1942).; F. J. Roethlisberger and W. J. Dickson, Management and the Worker (Cambridge: Harvard University Press, I939); Summer Slichter, Union Policies and Industrial Management (Washington: The Brookings Institution, 1941); Tead, Human Nature and Management (New York: McGraw-Hill Book Company, 1933); Ziskind, One Thousand Strikes of Government Employees, pp. 248-56; T. S. Williamson and Herbert Harris, 0£. cit., pp. 188-211. 28. John Stuart Mill, ConslderatIons on Representative Government (New York: Longmans Green and Company, I876), p. 22.

254

FIREMEN'S AND PATROLMEN'S UNIONS

29. Williamson and Harris, o£. cit., p. I92. 30. Note 27. Eldon L. Johnson, "General Unions in the Federal Service," Journal of Politics, II (1940), 23-26; Edward B. Shlls, "Philadelphia Steamlines Personnel Plan," National Munielpal Review, XXIII (I943), 368; Sterling D. Spero, "Have Public Employees the Right to Strike? Maybe," National Municipal Review, XXX (1941), 524; Tead, "Labor Uniohs in a Democratic State," p. 135· 31. Tead, "Labor Unions in a Democratic State," p. 135· He goes on to state that "trade unions happen to be the groups Into which for mutual protection, assertion of rights and encouragement of self direction the workers gather" and should be recognized. 32. Spero, 0£. cit., 524; Arthur W . Macmahon, "New York City Transit System. Public Ownership, Civil Service and Collective Bargaining, "Political Science Review, LVI (l94l), I9O; Tead, "The Merit System in a Democracy." The Civil Service Assembly, Proceedings of the Thirtieth Annual Meeting, October, I938, p. 74; William E. Mosher, "implications of an Enlightened Personnel Policy," Library Journal, November I5, 1937» Ρ· 85I. 33· As noted in the cases where unionism was prohibited, the police department is considered In a special category. In Coane va_. Geary, 298 111. App. 199 (I939) an opinion of the judge of the Circuit Court of Cook County rendered in 1904 was quoted with approval: A police force is peculiar, sul generis, you may say, in its formation and in its relation to the city government. It la practically an organized force resembling in many respects a military force, organized under the laws of the United States and equally as important as to the functions it is required to perform. It is not an ordinary branch of the executive government like the Mayor's office, even, your water department, the comptroller's department., the health department, even; but, as I say*, it is peculiar to itself, and to look at it in the same

REFERENCES - CHAPTER I

255

light that other branches of the executive department are regarded would be a mistake in a judicial decision. It is a department which requires that the members of it shall surrender their individual opinion and power to act, and submit to that of the controlling head just as much as the common soldier must surrender his own opinion and power of action to that of his commanding officer. And there is the same necessity of discipline, of regulation existing in the police department that exists in regard to the military department. Strict discipline must be enforced, and it must be enforced in a manner that is effective and without the supervision or regulation of any other department of the state, and, particularly, without any attempt on the part of the judicial department (which is a branch of government entirely distinct and separate from the executive department) to regulate it in any way, and particularly to regulate its discipline. 0'Regan vs^. City of Chicago, Chicago Legal Mews, XXXVII (1904), I50. Employee Relations In the Public Service, p. 217. 34. Bruce Smith, Police Systems in the United States (New York: Harper and Brothers, 1940), 21. 35. The Bureau of City Betterment of the Citizens Union of the City of New York, The Police Problem in New York City (Nov., I906), p. 8. 36. Emanuel H. Lavine, Cheese I t — T h e Cops (New York: Vanguard Press, 1936), p. 21. 37· Lewis Merlam, Public Personnel Problems, Prom the Standpoint of the Operating Officer (Washington: The Brookings Institution, I938), p. 277· 38. Clapp, Employee Relations in the Public Service, p. 60. 39". The Chief, Sept. 24, 1937, P- 6. 40. Ibid. 41. Lavine, θ£. cit., pp. 233-34. 42. International City Managers Association, Institute for Training -in Municipal Administration. Municipal Fire Administration (September, 1942), p.

288.

43. The Chief, Mar. 6, 1936, p. 1.

256

FIREMEN'S AND PATROLMEN'S UNIONS

44. National Institute of Law Officers, Proceedings of 1942. War Conference of the National Institute of Munlolpal Lav Officers (194? edition), p. 20?; Municipalities and the Law in Action (1943), pp. 203206. Rhyme, o£. cit., see Note 52; Silver, see Note 50. 45. National Institute of Municipal Law Officers, Municipalities and the Law in Action (1946), p. 406. 46. International City Managers Association, Municipal Yearbook, 1946, pp. 133, 134. New York City had agreements with Pire Department civilian employees, public library maintenance workers, and city auto mechanics. 47. International Pire Fighter, XXV (1942), 7; National Institute of Municipal Law Officers, War Conference of the National Institute of Municipal Law Officers (1943 Edition of 1942 Proceedings), p. 203. 48. National Institute of Municipal Law Officers, Power of Municipalities to Enter into Labor Union Contracts; A Survey of Law and Experience. Report No. 76 (1941), p. 13. 49. Employee Organizations in the Public Service. A Statement with Respect to the Relations of Government with Its Employees by the Committee on Public Employer-Employee Relations of the National Civil Service League (1946), p. I9. 50. "Union Agreements with Municipalities," Monthly Labor Review, LVI (1943), II65-7O. Prepared In the Labor Bureau's Industrial Relations Division by Jonas Silver. 51. Mugford vs. Mayor and City Council of Baltimore, Circuit Court No. 2 of Baltimore City, November 15* 1944. This case had come to court on two occasions prior to this November decision. "Baltimore Labor Union Contract Held Invalid," Public Management, XXVI (1944), 141. 52. News Bulletins of Public Administration Clear ing House, Release No. 1, December 11, 1944. 53· Charles S. Rhyme, Labor ttiions end Munielpal Employee lav, Bloomington, pp. 426-28; Flint, Michigan, pp. 428-33; Pontiac, pp. 433-36; Baltimore, pp.

REFERENCES - CHAPTER I

257

461-65; Detroit, pp. 465-7^; Cleveland, pp. 474-95; Philadelphia, pp. 495-99; Reading, pp. 499-502; Fairmont, pp. 503-508; Oak Park, pp. 508-510; Chattanooga, pp. 5IO-I6; Seattle, pp. 517-24. Williamson and Harris, Trends In Collective Bargaining, p. 159· Recommends enabling legislation for collective bargaining. In 1938 the matter of granting the right to bargain collectively was before the New York State Constitutional Convention and the provision was rejected. However, an amendment passed that year (Art. I, }17) does not specifically exclude government employees from the granted right to employees to organize and to bargain collectively. 54. Meriam, Public Personnel Problems, From the Standpoint of the Operating Officer, pp. 270-7I. 55. "Baltimore Union Contract Held Invalid," p. 141. Mugford V£. Mayor and City Council of Baltimore, Circuit Court No. 2 of Baltimore City, April 13» 1944. The court declared that the Maryland AntiInjunction Law (Code, Art. 100, 8 64-70) had no application to public employment; that the closed shop, maintenance of membership, the check-off, and the strike were all forbidden; that the authority of municipal officers may not be diminished or impaired by agreement to arbitration or any other device; but that not every contract with a labor union by the city was unlawful. National Institute of Municipal Law Officers, Municipalities and Law in Action (19^5), PP, 281-88; 36580; (1946), pp. 427-30. The refusal to recognize the union as the sole bargaining agency in the New York City Transit Workers instance rested upon Section 3 of the Civil Service Law which safeguards the individual's right to petition. 56. News Bulletin of Public Administration Clearing House, Release No. 1, December 11, 1944; Release Np. 4, January 4, 19^5· Mugford vs. Mayor and City Council of Baltimore, Circuit Court No. 2 of Baltimore City, November I5, 1944.

258

FIREMEN'S AND PATROLMEN'S UNIONS

The contract vas declared Invalid. Subsequently a third contract was negotiated, November 17, 19M> with the check-off made voluntary. 57. Jacob Baker, "The Rank and File" in Fritz Morstein Marx, Public Management in the New Democracy (New York'. Harper and Brothers, 1940), p. 180. It is always held that the Individual right to petition co-exists with exclusive bargaining rights granted to a union. 58. Society for the Advanoement of Management Journal, January, I938, p. 16. 59. Williamson and Harris, Trends in Collective Bargainins, p. 148: "A more legitimate criticism of government collective bargaining is that in its present stage of development, it has hardly begun to exploit the potentialities of mediation and arbitration, either voluntary or compulsory. Yet in anything that so directly involves the public interest, the intervention of the third party, the neutral, the umpire, would seem particularly apt." 60. Ranem, "Bargaining Rights in Civil Service," Survey Mid Monthly, LXXVIII (194?), 42; Abram Flaxer, "Collective Bargaining in the Civil Service," ibid., 111. Virginia's public policy, however, prohibits affiliation. See Senate Joint Resolution No. 12 agreed to Feb. 8, 1946. 61., Ziskind, One Thousand Strikes of Government Employees, pp. 232-40; 248-59; Roger N. Baldwin, "Have Public Employees the Right to Strike? Yes, " National Municipal Review, XXX (1941), 515· 62. Civil Service Assembly of the United States and Cemada, Proceedings of the Twenty-Ninth Annual Meeting, 1937, P·.58; Fred Knowles, Amalgamated Civil Servants of Canada. 63. 53 Stat. 397 (1939). Firemen's restriction on the strike. See also notes 54, II9. The 1947 Labor Management Relations Act, Public Law 101, Section 305, outlaws the use of the strike for all Federal employees. Note Virginia and New York law, note 24.

REFERENCES - CHAPTER I

259

64. The following public employee unions have nostrike clauses In their constitution: American Federation of Government Employees, A. F. L.; State, County, Municipal Workers of America, in 1946 reorganized as the Uhited Public Workers of America, C. I. 0.; United Federal Workers of America, C. I. 0. now a part of United Public Workers of America, C. I. 0. ; International Association of Fire Fighters', A. F. L. Williamson and Harris, Trends in Collective Bargaining, PP. 147-48. 65. Baldwin, "Have Public Employees the Right to Strike? Yes«" p. 5I5. Tead, "Labor Unions in a Democratic State," p. I36. 66. Gordon R. Clapp, "Problems on Union Relations in Public Agencies," American Economic Review, XXXIII, No. 1, Supplement Part 2 (1943), Proceedings of the 55th Annual Meeting, Washington, January, I943, 184-96. 67. Tead, Labor Unions in a Democratic State, p. 136. 68. American Federation of Labor, Report of the Executive Counc11, Report of the Proceedings of the 17th Annual Convention (I897), p. 3569. The Chief, July 8, I9I6, p. 4. 70. Civil Service Leader, March 29, I918, p. 5; ibid., March 7, 1914, p. 3, mentions that Frank H. Ainsworth had begun the effort to organize New York City employees. Due to the liberalized policy as determined In the Lloyd Act of 1912, the A. F. L. began to organize Federal employees. 71. American Federation of Labor, Report of the Proceedings of the 39th Annual Convention (1919), Resolution 75: "Resolved, that all police or peace officers he admitted to membership to Federal Unions the same as other city or county employees under Civil Service laws In compliance with the constitution of the American Federation of Labor." Resolution 1Ó2: "Resolved, that this convention go on record as favoring the organization of the city( policeman and that the officers of the Federation be instructed

260

FIREMEN'S AMD PATROLMEN'S ONIONS

to Issue charter to same when application is properly made." The Survey, XLII (1919), 248, mentioned the possibility of an international union of policemen. 72. The Chief, Aug. JO, 1919» P· 5; Survey, XLII (1919), 882, commented upon police unionism. Good Government, XXXVI (1919), I39, estimated more than twenty charters to police unions. 73. The Civil Service Chronicle, Nov. 1, I913, p. 5,; National Municipal Review, Vili (1919), 184; New Statesman, XI (1918), 442; Good Government, xxxvi (1919), 26. 74. David Ziskind, One Thousand Strikes of Govern ment Employees, pp. 39-51; Marion C. Nichols, "The Boston Police Strike," Christian Register, XCVIII (1919), 942-44; Good Government, XXXVI (1919), I3944. 75. International Fire Fighter, III (October 1920), 10. Dr. Ziskind stated that the last policeman's strike took place in Rockland, Massachusetts. The courts have never passed directly on the employees' right to strike. Ibid., pp. 5I, 233. International Fire Fighter, IV (Sept. I921), 4. The Influence of the Boston police etrlke is here commented upon. 76. Gordon Hugglns, Holyoke Police Department ; A Survey (Holyoke, Mass.: Holyoke Taxpayers Assn., 1942). The facts on police organizations are unobtainable, but the author assumes that they are organized. 77· International City Managers Association, Municipal Police Administration (1943), pp. I57-58,

160.

78. International Fire Fighter, XIII (Aug. I930), 7· The department rule prohibiting affiliation was not a deterrent to this Interest. 79. Civil Service Leader, Oct. 1, 1941; The Chief, Sept. 26, 1941, p. 7; 'Ibid., Oct. 24, 1941, P. 7-

REFERENCES - CHAPTER

I

261

80. Municipal Yearbook, X (1943), 210-20. The central office of the Order Is at 709 Forbes Street, Pittsburgh, Pa. 81. Ibid.j XI (19^4), 204. 82. News Bulletin of Public Administration Clearing House. Release No. 2, March I3, I945. 83. International City Managers Association, Municipal Yearbook 1946, p. I30. A study of 1,072 cities of a population of 10,000 and over, found that all employees are covered by pensions In 469 cities and In an additional 76 cities the fire forces and In 59 the police are covered. All employees have civil service protections In 390 cities and in an additional 156 the fire and police are covered. It will be noticed that pensions run ahead of civil service protections for the men In the public safety departments, less than half of the cities providing for civil service, and about half granting pensions. 84. Bruce Smith, Police Systems In the ünlted States (New York: Harper and Brothers, 1940), pp. 4-5 and 8-10. 85. "Police Unions In 28 Cities, Officials of Four Cities Prohibit Unions," Public Management, XXVI (1944), 140. 86. MunlclRal Yearbook, XI (1944), 474. 87. State Lodge of Michigan Fraternal Order of Police V£. City of Detroit, Municipal Law Journal, X (1945), 15. 88. Municipal Yearbook, IX (1942), 477· 89. Fraternal 0rd9r of Police v¿. Harris, 306 Mich. 68, 10 N.W. (2d) 315 (1943)· 90. United States Municipal News, XI (1944), 32. The Court denied the appeal from the Michigan Supreme Court. 321 U.S. 784. News Bulletin of Public Administration Clearing House, Release No. 1, May I5, 1944, p. 2. In the light of thetelvllliberties Issue, It may be noted that the Florida court held a city ordinance making It unlawful to organize a labor union and to solicit fees for membership In public places, an

262

FIREMEN'S AND PATROLMEN'S UNIONS

Infringement of the fundamental right of employees to self-organization and an abridgment of the Federal Constitution guarantees. Plttman vs_. Nix, 11 So. (2d) 791 (1943). 91. News Bulletin of Public Administration Clearing House, Release No. 1, May 15, 1944, p. 1; International City Managers Association, Munlclpal Yearbook 1946, p. 1?2. No police locals were claimed. 92. News Bulletin of Public Administration Clearing House, Release No. 1, May I5, 1944, p. 1; "Police Unions In 28 Cities. Officials of Four Cities Prohibit Unions," Public Management, XXVI (1944), I39. 93. News Bulletin of Public Administration Clearing House, Release No. 2, March I}, I945. 94. International City Managers Association, Municipal Yearbook 1946, p. 132. 95. International Association of Chiefs of Police, Police Unions and Other Police Organizations. Bulletin No. 4 (Washington, September, 1944). Based on a questionnaire sent out June, 1944 to I98 cities of a population of 50,000 with I68 cities replying, fifteen cities reported the existence of A. F. L. police unions. Efforts were prohibited In 38 cities. (P. 4) The Association takes the position that police unions are contrary to the basic nature of police duties. 96. "Police Unions in 28 Cities. Officials of Four Cities Prohibit Unlons,"p.l40; News Bulletin of_ Public Administration Clearing House, Release No. 1, May 15, I944, p. 2. When the police were denied permission to organize, SCMWA-CIO, it was stated: "A member of the department Is prohibited from affiliation with a labor union or an organization which will in any way exact prior consideration and prevent him from performing full and complete police duties. A member of the department who affiliates with such a labor union or organization will be subject to immediate dismissal." International Association of Chiefs of Police, Police Unions and Other Police Organizations, pp. 18-20, stated that the Detroit News and Detroit Free Press

REFERENCES - CHAPTER I

263

supported the Commissioner. Order No. 593. As noted, the a s s o c i a t i o n supports t h i s p o s i t i o n . 9 7 . News B u l l e t i n of Public Administration C l e a r ing House, R e l e a s e No. 1 , May I 5 , 1 9 4 4 , p. 2 ; Charles S . Rhyme, Labor Onions and Munieipal Employee Lav (Washington: National I n s t i t u t e of Municipal Law Off i c e r s , I 9 4 6 ) , pp. 3 3 6 - 4 7 ; I n t e r n a t i o n a l A s s o c i a t i o n o f C h i e f s o f P o l i c e , P o l i c e Unions and Other P o l i c e O r g a n i z a t i o n s , pp. 1 0 - 1 8 . 98. Rhyme, θ£. c i t . , p. 3 4 3 . 99. I b i d . , p. 3 4 6 ; I n t e r n a t i o n a ] A s s o c i a t i o n of C h i e f s of P o l i c e , P o l i c e Unions and Other P o l i c e Organz a t i o n s , p. 1 7 ; National I n s t i t u t e of Municipal Law O f f i c e r s , M u n l c l p a l i t l e s and the Law In Action ( 1 9 4 5 ) , p. 2 8 6 . 1 0 0 . " P o l i c e Unions i n 28 C i t i e s . O f f i c i a l s of Four C i t i e s P r o h i b i t U n i o n s , " p. 140. 1 0 1 . National I n s t i t u t e o f Municipal Law O f f i c e r s , Report No. 7 6 , August, 1 9 4 1 , p. l ß .

102. Rhyme, op. c i t . , pp. 3IO-315. 103. I b i d . , pp. 362-66.

1 0 4 . I b i d . , pp. 4 1 6 - 1 8 . 105.. I b i d . , pp. 3 4 9 - 3 6 0 . 1 0 6 . United S t a t e s Municipal New3, XI ( 1 9 4 4 ) , 3 2 ; " P o l i c e Unions in 28 C i t i e s . O f f i c i a l s o f Four C i t i e s P r o h i b i t U n i o n s , " p. 140. 1 0 7 . I n t e r n a t i o n a l A s s o c i a t i o n of Chiefs o f Pol i c e , P o l i c e Unions and Other P o l i c e O r g a n i z a t i o n s , p. 2 1 ; United S t a t e s Municipal News, X I , (1944) 3 2 ; " P o l i c e Unions in 28 C i t i e s . O f f i c i a l s o f Four C i t i e s P r o h i b i t Unions;" p. 140. 1 0 8 . News B u l l e t i n of Public A d m i n i s t r a t i o n C l e a r i n g House, R e l e a s e No. 4, January 4, 1 9 4 5 ; C i v i l S e r v i c e Leader, J a n . 9 , 1945» P· 4; I n t e r n a t i o n a l F i r e F i g h t e r s , March, 1 9 4 5 , p. l 8 . For the support o f firemen in Newport News, V i r g i n i a , in 1944 by a newspaper, see n o t e I 3 3 . 1 0 9 . National I n s t i t u t e o f Municipal Law O f f i c e r s , M u n i c i p a l i t i e s and the Law in A c t i o n , ( 1 9 4 5 ) p. 46.

264

FIREMEN'S AND PATROLMEN'S UNIONS

110. John P. Dillon, Commentaries on the Law of MunlcIpal Corporations (Boston: Little Brown and Company, I9II). p. 153· 111. Matter of Osborn vs. Cohen, 272 N.Y. 55 (1956). 112. James Joseph Gibbons, "The International Association of Pire Fighters," Supplement to International Fire Fighter, XXIII (Sept. 1940), 8. 11?. The Chief, Jan. 4, 1913» p. 6. 114. International Fire Fighter, XI, (Jan. I928) 1; ibid., XXI (Feb. 1938), 1; The Chief, March 24, I917* P· mentions the Syracuse men as "pioneers." In the fall of 1917 the Schenectady men threatened department-wide resignation. The Chief, Oct. 20, 1917, p. 4. 115. International Fire Fighter, II (April I919), 1. 116. Ibid. 117. The American Federation of Labor, 39th Annual Convention, I9I9, p. 43; International Association of Fire Fighters, Proceedings, 1922, p. 5. 118. Literary Digest, LXIII (Nov. 1, I919), 16, quoting the Courier-Journal of Evansville, Ind. The Chief ran a column by one M. F. O'Donoghue which made extravagant claims against unionism. At no time did the paper take exception to this view. 119. Against police unions: 41 Stat. 363 (1919); against firemen's unions: 41 Stat. 396 (I920). It was reported that the firemen failed to make an effort which might have prevented the passage of the legislation against them. International Association of Pire Fighters, Proceedings, 1920, pp. 41, 43, and ibid., 1922, p. 122. The British Trade Disputes and Trade Unions Act of 1927, Í5, barred organizations of civil service employees from affiliation with the British Trades Unions Congress. The Trade Disputes and Trades Unions Act of 1946 repealed the restriction. 120. New York Sun, Sept. I9, I919. The Police Union had gone over the head of Commissioner Brownlow

REFERENCES - CHAPTER I

265

to Congress for an Increase In wages. The Chief, Aug. 9, I9I9, Ρ- 2; Aug. 2?, I9I9, P- 1. 121. Civil Service Chronicle, Nov. 21, I919, p. 1. 122. International Association of Pire Fighters, Proceedings, 1924, p. 83. 123. Ibid., 192I, p. 57124. Gibbons, "The International Association of Fire Fighters " (Sept. 1940), p. 16. 125. International Association of Fire Fighters, Proceedings, I926, p. 20. 126. International Fire Fighter, IV (Nov. I92I), 22. 127· McNatt vs. Lowther, 223 S. W. 505 (1920); National Municipal Review, X.(l92l), 486. 128. McNatt vs. Lowther, 223 S. W. 5O6 (1920). It Is interesting to note that when the Dallas men e 3a In attempt to Join IAFF, they are attacked In the same manner. International Fire Fighter, XXIII (Jan. 19*0), 5. 129. San Antonio Fire Fighters' Oalon No. 84 vs^. Bell et al., 223 S. W. 508 (I920). 130. Zlsklnd, One Thousand Strikes of Government Employees, pp. 55-58. I3I· International Association of ~Flre Fighters, Proceedings, 1922, p. 36. 132. Hutchinson vs. Magee, 278 Pa. II9, 122 Atl. 234 (1,923). 133. Carter vs. Thompson, I80 S. E. 410 (Va. 1935). The International Fire Fighter, November, 1944, pp. 9-14* gave an account of a like action in Newport News, Virginia. The Dally PresB, July 3I-September 24, I944, supported the firemen and caused the order to be rescinded. 134. International Fire Fighter, XVII (Nov. I934), 4, 5; Ibid., XVIII (Jan. 1935)» 3; International Association of Fire Fighters, Proceedings, 1934, pp. II2-I3. 135. Zlsklnd, One Thousand Strikes of Government Employees, pp. 34-71·

266

FIREMEN'S AND PATROLMEN'S UNIONS

136. Seattle: International Fire Fighter, II (May 1919), 1; Wlnnepeg: Ibid., II (Aug. 1919), 137. Zlsklnd, One Thousand Strikes of Government Employees, pp. 66-68; "Strikes of Municipal Employees, National Municipal Review, VII (I925), 646. 138. "Organizations of Local Government Employees Municipal Yearbook, II (1939), 246; International Fire Fighter, XIII (Oct. 1930), 4. 139. Constitution and By-Laws of the International Association of Fire Fighters, Art. Ill, 5 2. 140. International Fire Fighter, XIII (Oct. I93O), 4; Art. XVI, 81 of the 1923 edition of the Constitution of the International Association of Fire Fighters. The Chief, Nov. 28, 1931, O'Reilly took exception to a statement made at a state teachers' meeting, "that the firemen would 'let the town burn and the policemen would let the town be plundered' If the city failed to pay them." 141. International Fire Fighter, XX (Sept. I937), 8. For the anti-strike policy of the IAFF see Zlsklnd, One Thousand Strikes of Government Employeee, pp. 204-206. 142. Zlsklnd, One Thousand Strikes of Government Employees, p. JO. 143. The National Civil Service Reform League, Civil Service ,ln Modern Government (1936), pp. 44-48. The fire and police forces were placed under civil service in twenty-six municipalities. Thirty-three cities, largely in New Jersey, have established civil service. 144. International Fire Fighter, XXI (Feb. I938), 4: "Organizations of Local Government Employees," Municipal Yearbook VI (1939), 246.

REFERENCES - CHAPTER I

267

145. Compiled from the issues of the International Fire Fighter and checked by Mr. George Richardson, secretary of IAFF. Locals Affiliated with the International No. of locals

No. of State A s s ' n

162

2 3

1928

149 142 140 141 145

I929

153

3

As of December, 1930 I93I 1932 1933 1934 1935

164 170

I87

5 7 7

215 251 287

9 10

1936 1937 1938 1939 1940

319 352 404 455 468

11 11 16 19 21

1941 1942 1943

498 527 535

22 22 23

1944

554

24

As of December, 1945

605

27

1946

648

29

Date As of December, 194? 1924 1925

1926

1927 As of June,

As of April,

As of July,

6 4 4 4

8

268

FIREMEN'S AND PATROLMEN'S ONIONS Chapter II

1. Thirteenth CensuB of the United States, Statistics by States, "New York," pp. 599, 635; Immigrants and Their Children, 1920, Census Monographs VII, p. 27; Theodore A. Bingham, "Foreign Criminals In New York," North American Review, CLXXXVIII (I908), 383. 2. Lincoln Steffens, The Autob1ography of Lincoln Steffens (New York: Harcourt Brace and Company» 1931)» P· 247· Steffens was on the Evening Post assigned to Police Headquarters during the Lexow Investigation. At the same time there were "good citizens" who were satisfied with outward decency: Some Things Richard Croker Haa Said and Done (The City Club of New York, July, 1901): "Ground is not wanting for the belief that the power of Mr. Croker is sustained, directly and indirectly, by 'respectable and prominent citizens' who believe that it is better to uphold the bosses than to 'imperil the interests, perhaps those of widows and orphans, committed to their charge.'" P. 3. 3· National Municipal League, Proceedings of the Fifth Annual Meeting, November, I899, p. 255. James C. Carter. The rulers of the city are described In the following: George W. Walling, Recollections of a New York Chief of Police (New York: Caxton Book Concern, I887), p. 598: "The city of New York is actually ruled by some twenty thousand office holders, most of whom are taken from and controlled by the very worst elements in the community." The National Civil Service Reform League, Proceedings at the Annual Meeting September 29-30, I89I, p. 56, gives the records of twenty-eight men on the Executive Committee of Tammany using Moorfield Storey, The Government of Cities, pp. 47-67. Harold F. Gosnell, Boss Piatt and His New York MachlAe (Chicago: University of Chicago Press, I924), -pp. 9-II. This names the pressure groups ac-

REFERENCES - CHAPTER II

269

tive In state legislation. The Police Chronicle, Dec. 28, 1907, p. 1. Bingham said that criminals had political influence. 4. Josiah Flynt, "'York,' A Dishonest City," McClure's Magazine, XVI (I901), 574. The author stated that "Croker is boss on the strength of the understanding that York is to be open, and that Tammany is to get the benefit of the political graft.11 Albert Shaw, "The Hew York Situation," in The National Municipal League, Proceedings of the Annual Meeting, May, 1902, p. 140. 5. Sidney Brooks, "The Problem of the New York Police," The Nineteenth Century and After, LXXII (1912), 694, 699; Cornelius W. Wlllemse, Behind the Green Lights (New York: Alfred A. Knopf, I931). The frontier character of the city is nowhere better pictured than by this member of the pdlice force. 6. New York Laws 1884, C. 410, Par. 8 of 88. 7. George McAneny, The Merit System as an Element in the Reform of the New York City Police Department. A paper read at the Annual Meeting of the National Civil Service League, Philadelphia, December 12, 1902, P. 7This was known as "Chris O'Donnell," (the actual agent in the transaction was never Identified) and received the reformer's attention: Good Government, XII (1892), 45; Civil Service Record, XI (I892), 82; The National Municipal League, Proceedings of the Annual Meeting, 1909, pp. 54-55; William Brown Melony, "The Police Camorra," Collier's Weekly, XLIV (1909), 2b; New York Times, Aug. 4, 1912. 8. Emanuel H. Lavine, The Third Degree (New York: Vanguard Press, 1930), pp. 10-15. Message of the Mayor of the City of New York to the Common Council, January I7, I888, p. 12. Of the police force Mayor Abram S. Hewitt said: "its members have a life position. Their pay, is greater than that which can be earned by a first class mechanic. They have medical attention free, and on arriving at sixty years of age, or in the case of disability earlier, they may be retired upon half pay for life."

270

FIREMEN'S AND PATROLMEN'S UNIONS

9. Citizens Union, The City for the People. The Beat Administration New York Ever Had, Campaign Book, September, I903, p. 44. Gives an account of Devery's wardman, Edward Glennon, in the Tenderloin. Eldridge Street Station was the center of the Tenderloin; Devery was the Prince of Grafters. George Haven Putman, "Conditions of Vice and Crime in New York and the Relation of These to the Police Force of the City," National Municipal Review, II ( 1 9 1 3 ) , 4θ8. The problem Is the point of the attack of the Parkhurst reformers, without attacking the roots of privilege. Possibly the clearest statement of the graft Is given In Steffens, "As Steffens Sees It," Survey (Graphic No. 12), LXVII (1931), 13; Steffens, Autobiography, p. 232. A police comment: The Chief, Oct. 11, 1913,.p*. 5: "The words Police System have been used in connection with graft....do not think there is a police system of grafting, because if there is grafting it is being engineered by a civilian and not a policeman....There are some instances where this civilian may use the policeman as a pawn....That civilian has always sat in Police Headquarters in some administrative or executive capacity....we will find that the public at large do not desire certain laws enforced. " William E. Murphy. Mayor Gaynor made a like comment, The Chief, May 24, I913, p. 910. Civil Service Record, XI ( I 8 9 2 ) , 82. 11. N. Y. Laws 1857, c. 5 6 9 . A Metropolitan Police District was created, encompassing the counties of New York, Kings, Westchester, and Richmond. The Board was appointed.by the Governor and confirmed by the Senate, the Commissioners had the power to appoint and dismiss. N. Y. Laws 1 8 6 5 , c. 249. A Metropolitan Fire Department, uniting Brooklyn and New York, was established. The same provisions were made for the appointment of the Board of Commissioners and like powera granted. The Commissioners held overlapping terms of eight years.

REFERENCES - CHAPTER II

271

12. Ν. Y. Lava I87O, c. 13713. Ν. Y. Laws 1895,c. 569,51. Lincoln Steffens found the Board to be Just a front. "The uniformed police governed themselves In cahoots vlth certain politicians and associations of liquor dealers, gamblers, and other law breakers." Autobiography, p.

232.

14. William G. Low, "Results Obtained by Voluntary and Temporary Movements," National Municipal Review, December, I894, p. I38 (Proceedings of the Second Conference); Civil Service Record, I (188I), 5, Seth Low's victory. 15. Good Government, XII (l893), 146, 162; National Municipal League, First Annual Meeting of the Board of Delegates, May, I895, pp. 186-87; Clinton Rogers Woodruff, "The Progress of Municipal Reform" in National Municipal League, Proceedings of the Third Annual Meeting, May, I897, p. 49; National Municipal League, Proceedings of the Jenth Annual Meeting, 1904, p. 79. The end of the Good Government Clubs is discussed. 16. Woodruff, "The Progress of Municipal Reform" In National Municipal League, Proceedings of the Third Annual Meeting, May, I897, p. 49. 17. The National Municipal League, Proceedings of the Tenth Annual Meeting, 1904, p. 105; The Searchlight, IX (I919), 10. This summarizes the history of the Citizens Union. 18. Municipal Research, No. 7I, March, I9I6, publication of the Bureau of Municipal Research. Luther Gulick, The National Institute of Public Administration (New York: The National Institute of Public Administration, I928). 19. Dormán Bridgman Eaton, Civil Service in Great Britain (New York: Harper and Brothers, I880). 20. Civil Service Record, III (I883), 1; N. Y. Laws I883, C. 354, 88 21. Civil Service Record, III (I883), 29. 22. Civil Service Record, III (I883), I3. The Newport Meeting, August 1. Report to the Executive

272

FIREMEN'S AND PATROLMEN'S ONIONS

Committee of the New York Civil Service Reform Association. Made at the request of the Civil Service Commission of the State In The Civil Service of Cities ; Police and Fire Departments (1884.). 23. Ν. Y. Laws 1884, C. 410, Par. 8, of 88; Civil Service Record, III (1884), 89; Ibid., 78. 24. Article V of the Constitution of 1894. 25. Good Government, XII (I892), 45. Comments on a recent examination where' 708 applicants took the test and 57^ passed. On appointment "No. 1 max be skipped and No. 200 appointed, position as patrolman costs the successful candidate three hundred dollars." Civil Service Record XI (I892), 82. Good Government, XVII (1899), 29, stated that In New York City, of 9,000 persons appointed In I898, not more than 500 had passed examinations of any sort. 26. A letter from Frank S. Sharp, Deputy Secretary, Division of Corporations, Department of State of New York, July 10, 1945. Voluntary corporations are covered In Section 9, General Corporations Law. J11-1A. 27. The Chief, Nov. 6, I909, p. 9· Statement by Martin Cahill, president of the Patrolmen's Benevolent Association In I908 and I909. 28. The Chief, December JO, I9II; Civil Service Chronicle, March 2, I912, p. 6; March 9, 1912, p. 6. 29. Civil 3ervlce Chronicle, March 2, 1912, p. 6; March 9, I912, p. 6. 50. Ν. Y. Laws 1884, C. I82. 31. The Chief, Dec. 30, I9II, p. 8; Ne. York World, May 30, 1894; Police Chronicle, July 31, 1909, p. 8; Ν. Y. Laws 1894, C. 741, effective January 1, 1895; Ν· Y· Laws I894, C. 744 provided for automatic advancement up the grades. Civil Service Chronicle March 2, 1912, p. 46; March.9, 1912,'p. 6. 32. New York World, May 30", 1894; Police Chronicle, July 31, 1909» P. 8. 33. The Chief, Dec. 30, I9II, p. 8. 34. Report of the Speclai Committee Appointed to Investigate the Police Department of the City of New York, No. 63. In Senate, January, I895. Clarenoe

REFERENCES - CHAPTER II

273

Lexow was one of Boss Piatt'a lieutenants, with no burning zeal for reform. The Investigation was the work of John W. Goff, Parlchurst's associate, and William Travers Jerome, whose police methods in threatening, trading and fighting witnesses produced the evidence. Charles H. Parkhurst, M£ Forty Years In New York (New York: The Macmillan Company, I923), pp. IO9-I7, 140, and xviii; E. J. Edwards, "Charles H. Parkhurst, His Recent Work In Municipal Reform," McClure's Magazine, IV 11894-1895), 149; Allen Franklin, The Trail of the Tiger (Privately published, I928); National Municipal League, Proceedings of the Third Conference for Good City Government, May, I895, p. 21; Albert Shaw, "The New York Situation" in National Municipal League, Proceedings of the Annual Meeting, May, 1902, p. 140; Steffens, Autobiography, p. 215; Delos F. Wilcox, "The First Municipal Campaign of Greater New York," Municipal Affairs, II, 207. Reform Club, Committee on Municipal Administration, New York. 35- Good Government, XIV (1895), 125; Ibid., XV (1896), 68; ibid., XVI (1897)» ^5· 36. Sixteenth Annual Meeting of the Assembly of Civil Service Commissioners, 1923, pp. 113-14. Richard E. Enright, Police Commissioner. The Chief, June 30, 1923. 37. Art. Ill, 8 4 of the Constitution of 1894. 38. National Municipal League, Proceedings of the Third National Conference for Good Government,

May, Ι895» Ρ- 234. 39. The Chief, Dec. 30, I9II. 40. Ν. Y. Laws I89A, C. 64. 41. Ν. Y. Laws 1897, C. 378; New York City Charter, Chap. VIII, 8299; The Chief, Dec. 30, I9II, p.

8.

42. Memorandum upon Bills to Increase Expenditures of New York City. The City Club, March 30,

I9OO, pp. 11-12. 43. William Dudley Foulke, "Labor Unions in the Civil Service," Good Government, XXXV (1918), 122-123.

274

FIREMEN'S AND PATROLMEN'S ONIONS

44. Memorandum upon Bills to Increase Expenditures of Nov York City. The City Club, March 20, 1900, pp. 11-12. 45. The Chief, Dec. 30, I9II. John W. McGloln. 46. The Police Department of the City of New York; A Statement of Facta• Address by Police Commissioner Greene. The City Club of New York, October, 1903; Eugene A. Phllbin, "A Non-Partisan Administration" In National Municipal League, Proceedings of the Annual Meeting, I902, pp. 208-30. 47. The Chief, March 2, I912, p. 6. 48. Ibid., March 28, I903, p. 1. National Municipal League, Proceedings of the Tenth Annual Meeting, 1904. The Election of I903. The cause for Low's defeat in I9OI Is laid to the Influence of the Presidential campaign, the enforcement of building and excise laws, and the hostility of the civil service. "The conditions of both the police and firemen have been much improved under the Low regime, but as the rank and file had not gotten everything they wanted, they were dissatisfied." (P. 96). 49. Police Chronicle, March 2, I9I2, p. 6; Fred S. Hall, "Municipal Experiences find Conditions in New York City" in National Muniilpal League, Proceedings of the Annual Meeting, April, 1906; the I905 campaign, pp. ,156-69. 50. The. Chief, Feb. I905, p. 1; Good Government, XXII (I905), 20, 22. Police Commissioner McAdoo's Interest in good police administration received comment in The Chief, March 12, 1904, p. 8; Ibid., March I9, 1904; Ibid.. March 26, 1904, p. 1; and Ibid., June 4, 1904, p. 1. "A Leader. Why Tammany Wins," Van Norden's Magazine VI (I909), 168, stated that the McCarren-Murphy feud was based upon the appointment of Police Commissioner William McAdoo. 51. The Three-Platoon Bill of I907: Police Chrcn lele, Sept. 28, I907, p. lj Dec. 7» 1907, p. 1; Dec. 14, I907, p. 1; The Chief, Dec. 30, I9II.

REFERENCES - CHAPTER I I

275

The T h r e e - P l a t o o n B i l l of I 9 0 8 : P o l i c e C h r o n i c l e , J a n . 11, I 9 0 8 , p . 1 ; Feb. 22, I 9 0 8 , p . 8; March 7 , 1908; May 23, 1908, p. 1; A p r i l 25, 1908, p . 1 ; and May 2 3 , I 9 0 8 , p . 1 . The T h r e e - P l a t o o n B i l l of I 9 0 9 : P o l i c e C h r o n i c l e , J a n . 9 , 1909, p . 1 ; J a n . 16, 1909; May I 5 , 1909, p . 1; June 5 , 1909, p . 1 ; S e p t . 11, I 9 0 9 , P- 1· The C h i e f , Aug. 21, I 9 0 9 , p . 6 ; Nov. 6 , 1909» P· Nov. 20, 1909; Nov¿ 2 7 , I 9 0 9 , p . 8 . G a y n o r ' s campaign p l e d g e : The C h i e f , Aug. 21, 1919» p. 6. 52. P o l i c e C h r o n i c l e , Feb. 22, I 9 0 8 , p . 8. 5 3 . P o l i c e C h r o n i c l e , May 23, I 9 0 8 , p . 1 . 5 4 . I b i d . , 'Aug. 15, I 9 0 8 , p . 1 . 5 5 . I b i d . , J a n . 9» 1909, P· I ; 16, 1909; May 15, I 9 0 9 , Ρ- 1 ; June 5» 1909, P· 1«. Sept 1 1 , I909, p . 1 ; Dec. 11, 1909» Ρ- 1 ; The C h i e f , Aug. 21, I 9 0 9 , p . 6 ; Nov. 6 , I 9 0 9 , P- ^ Nov. 20, I 9 0 9 ; Nov. 27, 1909» P· 8. 56. Melony, "The P o l i c e Camorra, p . 1757. The C h i e f , Nov. 6 , I 9 0 9 . 58. Melony, "The P o l i c e Camorra," p. I 7 . 59. P o l i c e C h r o n i c l e , Dec. 11, I 9 0 9 , p . 1 ; The C h i e f , Dec. 11, I 9 0 9 , P· .6. 60. C i t i z e n s Union, Report of t h e Committee on L e g i s l a t i o n , S e s s i o n of I 9 I I » p . l 8 . 6 1 . N. Y. Laws I 9 I I , C. 88?. 62. N. Y. Laws I 9 I I , C. 360. The C h i e f . May 2 4 , 1912, p . 1 , c r e d i t s John W. G r i f f i n w i t h t h e p a s s a g e . C i t i z e n s Union, R e p o r t of t h e Committee on L e g i s l a t i o n , S e s s i o n of I 9 I I , pp. 17-18; The S e a r c h l i g h t , May 1 6 , I 9 I I . Waldo e s t a b l i s h e d t h e s c h e d u l e : The C h i e f , June 1 0 , 1 9 1 \ ; S e p t . 7 , 1929; May 29, I 9 3 6 , p. 6. 63. N. Y. Laws 1935, C. 901. The V i c k s - C a n n e r y Act. 6 4 . R e p o r t of t h e E x e c u t i v e Committee of t h e C i t i z e n s P o l i c e Committee of F i f t y . The P a g e - P r e n t i c e P o l i c e B i l l , F e b r u a r y 4, I 9 0 7 . N a t i o n a l M u n i c i p a l League, Proceedings of Annual M e e t i n g , I 9 0 5 , p . 93; Municipal R e s e a r c h , No. 71,

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March, 1916« publication of the Bureau of Municipal Research; Frederick H. WhitIn, "Cleaning Up New York," National Municipal Review, XII (1923), 655· 65. Report of the Executive. Committee of the Citizens Police Committee of Fifty, 1SÍ07. The National Civil Service Reform League from I88I on bad urged that the responsible superior officer have the power to remove his subordinates, that disciplinary control could only be maintained so long as the power of removal remained unimpaired. 66. New York Tribune, Feb. 27, I907, also gave the facts αϊ trials and reinstatements. Evidence on reinstatements had been given in the Report of the Executive Committee of the Citizens Polloe Committee of Fifty, p. 67. Collier's Weekly, XLIII (1909 b 22. 68. Steffens, Autobiography, p. 329; Steffens, "As Steffens Seee It," Survey (Graphic No. 12), LXVII, 13. 69. New York Times, Feb. 8, 1907; "A Leader: Why Tammany Wipe." p. Ι67. 70. Melony, "The Police Camorra," p. 18; New York Evening World, Feb. 5, Ι907; New York Commercial, Feb. 9, 1907. 71. The Chief, Nov. 6, I909. 72. Ν. Y. Laws I907» C. 160. The disrepute of the associations was answered with a proposal for the protection of the right to organize: The Chief, April 17, I909. The Society for the Prevention of Crime furthered a police reooganlzatlon bill in the Session of I909, proposing state control of the police force: the Agnew Bill. 73. Rules and Regulations of the Police Department of the City of New York (I908), Rule 29 (known as the "Oreen Book Gag."1 "Part 44î All members of the Police Force of the City of New York or persons employed by the Police Department of the City of New York are forbidden to publish, or cause, or permit to be published, directly or Indirectly or to communicate by interviews, private letters or otherwise, except as required by

REFERENCES - CHAPTER II 277 the Police Commisβloner or the rules of the Police Department, any Information In regard to the Police Department, or concerning the acts and measures of any department of government of the City of Rev York or State of New York or the United States, or any officer acting thereunder, or any eoamente or criticism thereon or any offlolal Instructions, orders, reports or letters upon any subject whatever; or to furnish copies of the same to any persons except as required by the rules of the Police Department or by the Police Commissioner or by his Deputy Commissioners. No member of the Police Force of the City of Rev York nor any person employed by the Police Department of the City of Rev York shall act as the correspondent of a newspaper, discuss In the public print matter pertaining to the personnel of the police service, or attempt to influence legislation.In respect to the Police Department, without the express authority and approval of the Police Commissioner." 74. Ibid., Rule 29, Part 4575· Ibid., Rule 29, Part 49: "Without the express permission of the Polloe Commissioner which will be given only In extraordinary cases, no assessments of any kind whatsoever will be levied on any members of the Foroe, nor any money nor other contribution be asked for nor hinted at nor collected nor taken for any purposes whatsoever, not even for making presentations of flowers, batons, cups, or other testimonial to any member of the Force; nor for flowers for funerals; nor for social affairs of any kind, such as banquets, benefits, dances, plays, etc. " 76. An account appears In Chap. Ill, ρρ 122-122. 77· ν . Y. Laws 1909, C. 14, 515; §506 of the Greater New York Charter. 78. Raymond V. Ingersoll, "An Estimate of Mayor Gaynor," Rational Municipal Review, III (1914), 78; Melony, "The Police Camorra," p. 17; "A Leader. Why Tammany Wins," p~ 167. The Chief, Aug. 3, I907, p. 4: "No commissioner In recent years had left behind him a more discouraged, demoralized Force ....

278

FIREMEN'S AND PATROLMEN'S UNIONS

orders contradict, they are bully-ragged, fined, and cuffed from pillar to post....he entertains every anonymous complaint against his men, his ears are closed to suggestions for their welfare." The Chief, March 5, I9IO, p. 4. Commissioner William F. Baker was stated to have said: "Nothing underhand In this-fund and that It was not as Insinuated Intended for any legislative purpose." 79· Gustavus Meyers, The History of Tammany Hall (New York: Boni and Llverlght, Inc., I917), p. 304. 80. Police Chronicle, Jan. 11, I908, p. 1; Jan. 25, I908; Feb. 22, 1908, p. 1; March 7, I908; April 25, I908, p. 1; May 2?, I9O8, p. 1; The Chief, May 9, I9O8. 81. Police Chronicle, Jan. 22, I9IO, p. 1; Nov. 6, I919, p. 1. The Chief, Jan. 30, I909. William M. Ivlns took the position that the Board of Estimate was to act In the matter. 82. The Chief, 'Dec. 4, I909, p. 8. The Increase won by the lieutenants will be discussed In Chapter III. 83. Good Government, XXVII (19IO), 53: Searchlight, May 16, I9II; Police Chronicle, Jan. 22, I9IO, p. 1; May 28, I9IO, p. 1; June 25, I910, p. 4; The Chief, Feb. 19, I9IO, p. 6; Sept. 9, 1911; Sept, 2, I9II, p. 8; Oot. 14, I91I. 84. Civil Service Chronicle, March 9, 1912, p. 4; March 23, 1912, p. 1; April 6, I912, p. 1; Oct. 12, I912, p. 1; Oct. 26, I9I2, p. 6; Nov. 23, 1912, p. 4; The Chief, March 16, 1912, p. 6; March 23, 1912, p. 1. 85. Genevieve W. Beavers, A Report on the Homes and Family Budgets of 100 Patrolmen. Submitted to the Aldermanlc Committee on Police Investigation. March, 1913· Bureau of Municipal Research. Salaries of $800, $900, $1,000, $1,100, $1,300, and $1,400, and with the exception of the first two grades, a year's Interval between each Increment existed. 86. An attempt In Albany: The Chief, Jan. 18, 1913; Jan. 23, I913, p. 1; Feb. 1. 1913; Feb. 8,

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1913, Ρ- 9; Feb. 22, 1913; March 15, 1913, p. 1; March 29, 1913, P- 6. 8 7 . Grant from the Board of Estimate; Civil Service Chronicle, Oct. 4, 1913» P· 1·

88. Police Chronicle, Dec. 28, I907.

8 9 . Ibid., Oct. 19, I907, p. 7· Conditions are described In Vlllemse, Behind The Green Lights p. 57· 90. Beavers, A Report on the Homes and Family Budgets of 100 Patrolmen. 9 1 . Lowell M. Limpus, History of the Hew York Fire Department (New York: E. P. Dut ton and Company, 1940); The Chief, March 7, 1941, p. 8. 92. Message of William L. Strong, Mayor, to the Board of Aldermen, February 9, 1897, P· 42: "with the exception of an allowance of a little over an hour for each meal each day and three days rest In a month, the firemen are on duty every hour, day and night." Fire Department, City of New York. Bureau Chief of the Department. Rules and Regulations Governing the Uniformed Force, I89O, Art. VI, §209, P· 60: Three regular leaves of not more than twenty-four hours duration each per month were given. In addition, for good conduct, two regular twelve-houl1 leaves per month when practical were allowed. No vacation schedule appeared in this volume. Fire Department, City of New Yorl , Rules and Regulations, 1 8 9 8 , 5305, P· 71: Chief Officers and oremen and assistant foremen bad regular leaves of twenty-four hours each week; engineers of steamer and firemen twenty-four hours each three times per month with an additional three leaves of ten hours each per month. Vacations from twenty to ten days, the higher the rank the longer the vacation, were granted. The Rules and Regulations of I890 (Art. VI, 8195) and of 1898 (§307) show that the allowances for meal time were made more liberal. 93. Brief Advocating the Abolition of the 20j Hour Day In the New York Fire Department and the Sub-

280

FIREMEN'S AND PATROLMEN'S UNIONS

stltutlon of the Two-Platoon System. Submitted by request of the City Club of the City of New York. Civil Service Chronicle, March 16, 1914, p. 8. 94. The political control of the department was graphically described by O'Reilly In The Chief, Nov. 16, 1918, p. 5. He told of the management under the first conanlssloner, John J. 3cannell, I899. Mayor Low's commissioner, Themas Sturgls, made an attempt to oust Chief Croker. O'Reilly tells of his part in Croker's behalf In The Chief, June 1?, 1912, p. 6, and Nov. I7, 1917, p. 5. "Sturgls1 administration was a great failure....as It was begun, so it was ended, in hypoorley." Mayor MoClellan's commissioner, Francis J. Lantry, resigned after the Investigation of the Parker building fire "to avoid embarrassing the administration." Good Government, XXV (1908), 21. Nicholas J. Hayes, a prominent politician and district leader, as was Lantry, was appointed March 20, I9O8: "Fire Department is completely turned over to the politicians," ibid., p. 33. A protege of Boss Charles F. Murphy, Joseph Johnson, was Mayor Gaynor's commissioner. From time to time the appointment lists were suspended beoause gross irregularities leaked out. Wholesale dismissals were oommon. 95. Good Government, XV (I896), 170. 96. The Chief, Oct. 2, 1920, p. 1. 97. In a letter, July 10, 1945, from Frank S. Sharp, Deputy Secretary, Division of Corporations, Department of State of New York. Date of incorporation, February 20, I893. 98. The Chief, Oct. 2, 1920, p. 1. Throughout the period a seoond association, the Fire Department Benevolent Association, appears occasionally as an employee Interest association. 99. The Chief, Nov. 30, I9I8, p. 5· Ε. E. Quigg was president of the New York County Committee in I897, was with the New York Tribune, I885-I895, and then beoame editor of the New York Presβ. H. F. Oosnell, Boss Platt and His New York Machine, pp. 68-69.

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281

R. Y. Laws 1895, C. 269 effective January, I896. Advancement up the grades had been upon recommendation of the Fire Board: Ν. Y. Laws 1884, C. 234. The new legislation made advancement automatic, as had been done for the patrolmen the year previous. The salary was: third grade, $1,000; second grade, $1,200; and first grade, $1,400. To the time of the organization of the Firemen's Mutual, the rank and file men were conspicuously absent from salary legislation: I873, I885, and I892, when the officer ranks received increases. 100. Memorandum upon Bills to Increase Expenditures of New York City (The City Club, March 20, 1900), p. 11. The Civil Service Chronicle (August 9, 1913> P· 6) spoke of Chief Croker as "the relentless foe of reasonable hours for firemen." 101. The Chief, Oct. 2, 1920, p. 1. The history of the event is also given In The Chief, Nov. 16, 1918, p. 5 and December 16, 1933, P· 6. Department conditions: National Municipal League, Proceedings of the Tenth Annual Meeting, 1904, p. 9, and Fred. S. Hall, "Municipal Experiences and Conditions in New York City" in National Municipal League, Proceedings of the Annual Meeting, April, 1906, pp. 156-59. 102. The Chief, Oct. 2, I920, p. 1. In I903 the membership of FMBA was given at 1,775 with the force numbering 2,684. The Chief, March 14, I903, p. 1 and April 4, I903. 103. Thomas Sweeney v£. Thomas Sturgis, I75 Ν. Y. 470 (1903). A standard for an eight-hour day for mechanics, workingmen, and laborers was set in Ν. Y. Laws I87O, C. 385. 104. The Chief, April 18, I903, p. 1; May 2, 1903» P- li May 16, 1903* P· 1; Civil Service Chronicle, Nov. 8, 1913, p. 7. > 105. The Chief, April 25, I903, p. 1. Croker disapproved,as did all the deputy chiefs,of its installation. There was a division of opinion on the

282

FIREMEN'S AND PATROLMEN'S UNIONS

schedule among botti officers and men. "in those days personal feeling ran bitter between firemen and their commanding officers." 106. The Chiefj Oct. 31, I908, p. 1. 107. Fire Department of the City of New York, Rules and Regulations, I898, 8305, p. 71. 108. The Chief, Oct. 31, I908, p. 1. 109. The Chief, Oct. 23, 1936, p. 6. The trial ran from December 5, 1904 to March, I905 110. The Chief, Feb. 25, I905, p. 1 and March 11, 1905, p. 1. Fire Department of the City of New York, Rules and Regulations, I905, Í300, p. 79. Regular leaves of twenty-four hours every fifth- day were granted for all ranks. 111. The Chief, Oct. 23, I936, p. 6; Good Government, XXV (1908), 33· 112. The Chief, March 13, 1908, p. 1 and July 18, 1908, pp. 1, 4, 7, 8. The investigation was the outgrowth of the Parker Building Fire, January 10, I908. 113. The Chief, Oct. 3I, I908, p. 1. 114. The Chief, Feb. 6, I909 and Nov. 20, I909. 115. Searchlight, May 16, I9II, p. 6. 116. Brief Advocating the Abolition of the 20j Hour Day in the New York Fire Department In Civil Service Chronicle, March 16, 1914, p. 6. Battalion Chief William J. \felsh lost his life In the fire. 117. The Civil Service Chronicle made itself the champion of the firemen's demand: Jan. 20, 1912, pp. 1, 8; Feb. 10, I912, p. 1; March 2, I912, p. 7; March 16, 1912, p. 6; March 25, 1911; Oct. 12, 1912, p. 7; March 9, I912, p. 7; March 16, 1912, p. 4; April 27, I912, p. 1; The Chief, March 16, 1912, p. 6. 118. Civil Service Chronicle, March 2, 1912, p. 7· The Chief had been reported to have taken a neutral stand: The Chief, March 2, I912, p. 6. 119. Civil Service Chronicle, Dec. 20, I913, P. 7120. The Chief, April 26, I913, p. 6. New York Civil Service Society.

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285

121. International Association of Pire Chiefs, Proceedings, I913, pp. 129-35· 122. Civil Service Chronicle. July 5, 1912, pp. 1» 5123. The Chief, May 10, I9I3, p. 5. A summary of the charges against Clifford are given in the Civil Service Chronicle, Aug. JO, I913, p. 5. The paper tried to secure the aid of the International Association of Fire Engineers at their annual convention which met in New York City that August. Civil Service Chronicle, Aug. 2?, I913, p. 5. 124. The order appeared in the Issues of July 5, 1915 of both The Chief and the Civil Service Chronicle. The Chief remarked that this order followed fifteen years of warfare against the F.M.B.A. Gen. Order No. 43, June 27, 1913- The pressure continued, however. A two-platoon bill was in the Board of Aldermen that fall. When the firemen appeared at the hearings, they were ordered out of the chamber by Commissioner Johnson. 125. Ν. Y. Laws 1897* C. 378; The Charter of New York City, Í740. 126. Police Chronicle, Feb. 29, I908; The Chlex, May 9, 1908, p. 1. 127. The Chief, April 6, I907, p. 1 and Oct. 5, 1907, P. lj April 4, 1908, p. 1; April 25, I908, p. 1; May 9, I908, p. 1; Oct. 10, I908, p. 1; Police Chronicle, Feb. 29, I908 and April 18, I908, p. 1. 128. The Chief, July 18, 1908, pp. 1, 4, 7, 8, and Oct. 24, I908, p. 1. 129. Ibid., July 18, I908, p. 4. 130. Ibid., Jan. 6, 1912, p. 6; March 2, 1912, p. 6; March I5, I913, p. 6. "Fireman Walter Dugan more than once has asserted that his work had been hampered by underground opposition." Civil Service Chronicle, March 9, I912, p. 4; Oct. 26,1912, p. 6j Nov. 23, 1912, p. 4. 131. The Chief, Jan. 6,· 1912, p. 6; Feb. 19, I9IO, p. 6j June 4, I9IO; June 11, I9IO; June l8, I9IOj July 15, I9IOj Police Chronicle, Feb. I9, 1910,

284

FIREMEN'S ARD PATROLMEN'S UNIONS

p. 3; Feb. 5ί I9IO, p. J; Oct. 22, I9IO, p. 5; Good Governmentj XXVII (I9IO), 1?. 152. The Chiefj Sept. 16, I9II; Sept. 30, I9II, p. 15; Oct. 14, 1911. 133. The Chief, March 30, 1912, p. 8. 134. Police Chronicle, Sept. 21, I907, p. 1 and Oct. 23, 1909, p. 1; The Chief, March 30, 1912, p. 8; June 15, 1912; June 22, 1912; Civil Service Chronicle, July 15, I913» P· Presidents: Patrick McCooley, first; John W. McOloln, I892-I897; Martin Cahlll, 1906, 1908; John P. Roddy, I909, 1912; Peter Meintee, I91O; Dominick 0'Conner, 1907; Harry Young, 1913. 135. Police Chronicle, Oct 23, I909, p. 1. 136. The membership of P.B.A. was given In the Police Chronicle, Feb. 6, I909, as 8,952; In The Chief, June 22, 1912, as 8,288; and In the Civil Service Chronicle, Aug. 16, I913, as 8,000. 137. The Chief, May 20, I9II, p. 6. Earlier legislative programs : the Police Chronicle March I3 I909, p, 1 asked for restoration of the office of Superintendent of Police, restoration of police autonomy In Brooklyn, new practice In trials, fixed and graded schedule of fines and penalties, the rulemaking of Police Commissioner to be approved by the Appellate Division of the First Judicial District, Manhattan, abolition of writ of certiorari in police and fire cases, appellate to be the final oourt of appeal. Police Chronicle, March 27, I909, p. 1: Three platoons, permanency of office In all ranks, pensions to widows and dependent parents mandatory on Commissioner, doormen abolished and given 5th Grade rank of patrolmen, restoration of the office of Superintendent^of Police, and compulsory retirement at 65. Others in The Chief, Oct. 29, I9IO, August, 26, I9II, and February 10, 1912, follow the same demands. "Fixed Post," established by Commissioner Rhlnelander Waldo, where two patrolmen were assigned to each post, one on patrol and the other fixed in the middle of the street, was protested. And the rules—"requires a mind skilled In the

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285

analysis of the English language"—were always their first grievance. 138. Ν. Y. Laws 1912, C. 449. The duties of the doormen were given in Rules and Regulations of the Police Department of the City of Hew York, 1908, Rulé 46, pp. 140-41. 139. Searchlight, March 10, 1913, p. 2. Comptroller Pendergast's oharges were denied by the P.B.A. in the Civil Service Chronicle, May 18, I9I2, p. 1. 140. Searchlight, March 10, 1913, p. 6. 141. The Chief, June 22, 1912, p. 1. 142. The Chief, March 30, 1912, p. 8 and June 8, 1912; Civil Service Chronicle, March 30, 1912, p. 3. 143. Civil Service Chronicle, Maroh 30, I912, p. 3. William E. Murphy said of this restraint placed upon the change of the by-law: "it is regrettable that one should try to disregard the majority rule and resort to 'government by injunction.1" The Chief, March 30, 1912, p. 8. 144. The Chief, March 16, I912, pp. 1, 6. 145. Ibid., Maroh 30, 1912, P· 8. 146. Civil Service Chronicle, May 18, 1912, p. 1. 147. Ibid., March 30, 1912, p. 3; May l8, I9I2, p. 1; June 15, 1912, p. 6; The Chief, June 8, 1912 and June I5, 191?, 148. Report of the Spedai Comnlttee of the Board of Aldermen to Investigate the Police Department. June 10, 1913« Waldo and his men refused to waive immunity before testifying before the Committee. 149. Searchlight, March 10, 1913, pp. 2-7. The Union pointed out that P.B.A. worked with the State Patrolmen's Association for the three-platoon system, and that the Association maintained a lobbyist at Albany. "When the police of a particular rank organize, they are tempted to go into politics. There are more than 10,000 policemen, all voters." The Greater Hew York Charter, I306. "No person In the police force shall be permitted to contribute any moneys, directly or indirectly, to any political fund or to be or become a member of any political

286 FIREMEN'S AND PATROLMEN'S UNIONS club or association or any club or association Intended.to effect legislation for or on behalf of the police department or any member thereof, or to contribute any funds for such purpose." A like prohibition covered the firemen (Í739)· 150. Beavers, A Report on the Homes and Family Budgets of 100 Patrolmen, pp. 4494. 151. The Chief, April I9, I913, p. 6. 152. Ibid., Aug. 2, 1913, p. 1. 153. Ibid., Aug. 16, I913, p. 3: "... a number of- men who seem to labor under the impression ... that by reason of the fact that they are members of the district club that their interests within the Department will be cared for." 154. Civil Service Chronicle, Aug. 16, I913, p. 4. 155. Civil Service Chronicle, Nov. 1, I913, p. 4. For the general attitude toward the associations: The Chief, Dec. 25, I906, p. 6: "The most despicable of all organizations of public employees." O'Reilly sees the need to show "that their appeal is in the interests of the department as well as beneficial to themselves." Ibid., Dec. 25, 1909, p. 4, in the same vein. 156. Ibid., July 19, I913, p. 4 and Dec. 13, 1913. Ρ- 3. 157. Ibid., Nov. 1, 1913, p. 4. 158. The Chief, Nov. 1, I913, p. 7. 159. Civil Service Chronicle, Nov. 22, I913, p. 5; The Chief, March 22, 1913, p. 5· 160. Civil Service Chronicle, Oct. 14, I913, p. 5 and March 21, 1914, p. 5· 161. The Chief, March 22, I913, p. 5. A statement by Delegate A. Meyer which criticized the management of F.M.B.A. 162. Ibid., March 16, 1912, p. 6. 163. Civil Service Chronicle, Nov. 22, I913, p. 5; a summary of Commissioner Johnson's actions, Aug. 30, I9I3, Ρ- 7· Ibid., Jan. I5, I915, p. 2; the alleged shortage was given as $330,000. Assistant Attorney DeFord was appointed to investigate F.M.B.A.

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287

The Commissioner changed a shortage of $215,000 (ibid., Dec. 20, 191?, P- 7). 164. Civil Service Chronicle, June 29, I917, p. 1. 165. The Chief, Dec. 11, I909, p. 4. Chapter III 1. The Chief, April 9, I9IO. The first issue of The Chief, April 24, 1897, was reproduced in the issue of March 29, 1940, p. 4. The cardinal principles as given on the early issues of the paper vere: "The Extension of Civil Service;, Protection against OnJust Removal and an equitable Retirement Lav." The founding retells the old American success story: no capital Investment, just an idea supported by hard vork. A fev of the 1904 issues vere the earliest available for this study. 2. Ibid., Sept. JO,. I9II, p. 6. 3. Ibid., Sept. 3, 1913» p. 6. 4. Ibid. 5. Hev York Press, March 26, I912. 6. The Chief, Sept. 30, 1911» P- 6; July I5, 19IIj Aug. 26, 1933» P. 6. 7. Ibid., Aug. 26, 1933. 8. Ibid., May 8, I909, p. 12. William H. Messenger, treasurer of the Rev York City Civil Service Association. Priai, at a later time (The Chief, Dec. 18, 1915, p. 2), said the Society arose to protect the employee from unfair' standardization and the Civil Service Reform Association: "The reformers, he said, are never in favor of any measure that is favorable to the employee." An earlier organization, The Civil Employees' Association vas liquidated in 1902, allegedly because of the drain of death claim? upon its treasury. 9. Ibid., March 13, I909, p. 6. Frank A. Spenser Is quoted in The Chief Jan. 9, I909, "Some hard things have been said recently of Civil Service employees and it is for you to shdv that you are neither black legs or thieves."

288

FIREMEN'S AND PATROLMEN'S ONIONS

1 0 . L u t h e r G u l l c k , The N a t i o n a l I n s t i t u t e of P u b l i c A d m i n i s t r a t i o n (New York: N a t i o n a l I n s t i t u t e of P u b l i c A d m i n i s t r a t i o n , I 9 2 8 ) , p p . 1 4 - 1 7 . 11. The C h i e f , May 8, I 9 0 9 , p . 12. 12. I b i d . , May 14, I9IO, p . 6 . 1 5 . P o l i c e C h r o n i c l e , J a n . 23, I 9 0 9 , p . 1 ; The C h i e f , J a n . 2 , 1909» J a n . 2 ? , I 9 0 9 , Feb. 1 ? , I 9 0 9 , F e b . 2 0 , 1909. Edward J . Kenny, f i r s t p r e s i d e n t . 1 4 . The C h i e f , J a n . 2 , I 9 0 9 , Feb. 20, I 9 0 9 , J a n . 2 3 , 1909; I b i d . , Nov. I 3 , I 9 0 9 , p. 6 . 15. P o l i c e . C h r o n i c l e , Dec. 10, I9IO, p . 1 . Won by 63 t o 58 a g a i n s t Edward Kenny. H. E l i o t Kaplan s t a t e d I n a n I n t e r v i e w , A p r i l 1 0 , 1944, t h a t McCooey used P r i a i t o g e t t h e C i v i l S e r v i c e under Tammany and t o keep them u n o r g a n i z e d . 1 6 . The C h i e f , S e p t . 9 , I 9 I I . 1 7 . Good Government, XXVI ( I 9 0 9 ) , 28. 1 8 . The C h i e f , S e p t . 9 , I 9 I I , and S e p t . 8 , I 9 1 7 . 1 9 . I b i d . , J u l y 20, 1912, p . 6 . 20. I b i d . , Oct. 25, 1913, p . 4. 21. I b i d . , Dec. 13» 1913, p . 6 . The F u s i o n f o r c e s worked t o s p l i t t h e employees' u n i t e d h o s t i l i t y , p l a c e d a d v e r t i s e m e n t s In The C h i e f , and s o f t p e d a l l e d s t a n d a r d i z a t i o n . O ' R e i l l y l a t e r claimed t h a t M l t c h e l had made c e r t a i n p r e - e l e c t i o n p l e d g e e . The C h i e f , J a n . 22, I 9 I 6 , p . 1. 22. P o l i c e C h r o n i c l e , J a n . 10, 1914, p . 1 . 2 3 . The C h i e f , J u l y 18, 1914, p p . 1 - 2 ; Nov, 22, I 9 1 3 ; F e b . 2 1 , 1914, p . 1 , Nov. 22, 1913, P· 724. C i v i l S e r v i c e Magazine, F e b . 21, 1914, p . 1 3 ; The C h l p f , J u l y 18, 1914, pp. 1 - 2 . 2 5 . S t a n d a r d i z a t i o n of P u b l i c Employments, P a r t I I , The P r a c t i c a l S i d e of S t a n d a r d l z a t I o n I n American Government. R e p o r t of t h e Bureau of Municipal Res e a r c h , No. 7 6 , August, 1916. Chapter IV, " S t a n d a r d i z a t i o n I n New York C i t y , " p p . 45-83· The f i n a l s c h e d u l e s were p r e s e n t e d f o r d i s c u s s i o n : The C h i e f , J u l y 3 1 , I915» P» 1 . 2 6 . George L. T l r r e l l , "The Bureau of P e r s o n n e l S e r v i c e , " N a t i o n a l M u n i c i p a l Review, V I I ( 1 9 I 8 ) , 492.

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289

The Bureau was created In 1914. The report of 1915 was a study of the duties and s a l a r i e s of the c i t y ' s 3 0 , 0 0 0 employees. 27. The C h i e f , Aug. 7, 1915, P- 6 . An O ' R e i l l y e d i t o r i a l . The paper continued I t s a t t a c k : Sept. 25, 1915, P· 12; Oct. 2 , 1915, p. 1 ; Oct. 30, 1915, p. 1 ; Nov. 6 , 1915» P· 10. A r e v o l t against standardi z a t i o n In the Board of Aldermen was reported in The Chief, Sept. 25, I915 and Oct. 2, I 9 1 5 . In I 9 1 6 , progress In standardization brought f o r t h a strong statement a g a i n s t reform groups In general. The Chief, Feb. I 9 , I 9 I 6 , p. 8. 28. The d i s s i d e n t group In the S o c i e t y : The Chief, May 3 0 , 1914, p. 1 ; June 5 , 1914, p. 1 ; J u l y 18, 1914, pp. 1 - 2 ; June 27, 1914, p. 2 . 29. I b i d . , Oct. 31, 1914. The f i r s t meeting was held October 27, 191^· O ' R e i l l y s a i d : "The Forum was the I n s p i r a t i o n of Lieutenant Enrlght and Frank J . P r i a i . " The Chief, May 2 6 , I 9 1 7 , P- 3I t s development I s given in The C h i e f , Hov. 2 1 , 1914; Dec. 5» 191^, Ρ- 10; Jan. 23, 1915; March 13, I 9 1 5 . P r i a i was president and O ' R e i l l y I t s s e c r e t a r y . 30. The C h i e f , March I 3 , 1915· A l i s t of the a f f i l i a t i n g members was given. This reappears in the issues of June 16, 1917, Ρ· 2 ; Aug. 4, I 9 1 7 , p. 1 ; Aug 25, 1917, p. 1 . The Forum refused to support the F . M . B . A . ' s e f f o r t f o r the two-platoon schedule. 31. The C h i e f , Aug. 25, 1917, P- 1 . 32. I b i d . , Sept. 29, 1917, P· 2 . 33. N.Y. Laws I 9 0 7 , C. 160. 34. The C h i e f , Aug. 8, I 9 0 8 , p. 8 . 35. I b i d . 36. The banquets were given f u l l p u b l i c i t y in the s p e c i a l p r e s s . Among the n o t i c e s may be mentioned the following: P o l i c e Chronicle, Jan. 4, I 9 0 8 , p. 1 ; J a n . 9 , 1909; Feb. 26, 1910, p. 1 ; and The Chief, Feb. 10, 1912; and the C i v i l Service Chronicle, Feb. 24, 1912, p. 8. 37. The C h i e f , Nov. 7 , I 9 0 8 , p. 3J P o l i c e Chronic l e , Dec. 1 9 , 1908, p. 1 . The a c t i o n received f r e quent mention t h e r e a f t e r . The r e t i r e d member was

290

FIREMEN'S AND PATROLMEN'S UNIONS

William H. Hodglns, the Injunction was granted December 27, 1908. 38. Police Chronicle, Feb. I3, I909, p. 1. It was at this banquet that Enrlght made his frequently quoted remark: "The New York police are like balls upon a pool table ... at the will and caprice of those who are pleased to play their game for glory or gain, for applause or power." 39· Police Chronicle, Dec. 4, I909, p. 8: Salary raised from $2,000 to $2,250. The Chief, Dec. 1909. 1*0. The Chief, Dec. 11, I909, p. 4. 41. Ibid., Feb. 1, 1919, P· 7· 42. Civil Service Chronicle, Feb. 24, I912, p.

8.

4?. The Chief, Sept. 27, I913, p. 7· 44. Report of the Speclai Committee of the Board' of Aldermen to Investigate the Police Department, June 10, I913. The final report is also In the City Record, June I3, I913, pp. 5603-5632. Enrlght was sent back to station house duty after Waldo's resignation, December 31> 1913· 45. Citizens Union, Report of the Committee on Legislation, Session of 1914, p. 21. Mayor Mltchel's Police Bills. Why They Should Become Law (City Club of New York, 1914). Three auxiliàry bills were Included in the legislative program: one provided that dismissed men receive their reduction refund, payments made to the pension fund; one provided for funds for the aforementioned and to give 4 per cent interest on payments; and another bill put the City Charter in conformity with the first bills. Civil Service Chronicle, Feb. 7, 1914, p. 1. Quotes Mayor Mitchel, from an address made before the City Club: "it is my firm conviction that if this power Is given the Police Commissioner, we can really crush and end the so-called system in the Police Department . "

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291

Good Government, XXXI (1914), 37. Dr. William H. Allen, Director of the Bureau of Municipal Research, in support of the bills: "We have cut off the opportunity or rather the necessity for an understanding between the saloon keeper and the men on post. The diminishing of gambling is not so much the point as to diminish the power of gamblers to corrupt the police force." 46. The Chief, Feb. 28, 1914, p. 1; Good Government XXXI (1914), 57- The joint work of the associations on salary matters was said to have begun in 1913. Civil Service Chronicle, June 12, 1914, p. 1. Enright's meeting with the associations' leaders in September, I913 has been noted. 47. Civil Service Chronicle, Feb. 28, 1914, p. 8. The banquet was reported in a special feature article in the Civ13 Service Magazine, Feb. 28, 1914, p. 2. 48. The Chief, Feb. 28, 1914, p. 8. 49. Robert S. Blnkerd, "The Goethals Police Bills," National Municipal Review, III (1914), 556. Reprinted in The Chief, July 11, 1914, p. 8. 50. Joseph J. O'Reilly, "The Goethals Police Bills," National Municipal Review, III (I914), 559. This view was concurred in: Albert De Roode, A Report on Personnel and Civil Service Features of the Police Department (The Bureau of Municipal Research, 1912>. 5 1 . The Chief, Jan. ¿I, 1914; Feb. 7, 1914; Feb. 14, 1914; Feb. 28, 1914, p. 8; March 7, 1914, p. 1; March 14, 1914, p. 1; March 21, 1914, p. 1; Oct. 27, 1917» Ρ- 1 stated that Hylan had appeared before the Joint Cities Committee, Feb. 25, 1914, against the bills; Civil Service Chronicle, March 14, 1914, p. 1; March 21, 1914, p. 1; March 28, 1914, p. 2; Citizens Union, Report of the Committee on Legislation, Session of 1914, p. 21. 52. The Chief, Jan. 5, I918, p. 1. 53. Civil Service Chronicle, May 2, 1914, p. 3. Mayor Gaynor's policy of appointing down the list

292

FIREMEN 'S AND PATROUEN'S UNIONS

had become established practice. Good Government, XXIX (1912), 5, gave an excerpt from the Mayor's letter to Fire Commissioner Waldo: "At the beginning of the present administration of the city government, I made it a matter of executive policy that all appointments in the Departments of Police and Fire should be made in numerical order from the eligible lists." After Commissioner Waldo was removed by Mayor Adolph L. Kline, Police Commissioner Douglas I. McKay ordered Enrlght back to his precinct. McKay served to the appointment of Woods In April, 1914. 54. Civil Service Chronicle, June I9, 1914, p. 4; May 2, 1914, p. 4. 55. New York Times, Jan. 2, I915. 56. New York Times, Jan. 6, I915. Ellison's letters of explanation were mentioned in the Civil Service Chronicle, Feb. 5, I915, pp. 1, 4. 57. Civil Service Chronicle, Jan. 8, I915, p. 4. 58. Ibid. Jan. 8, I915, P· Jan. I5, I915, p. 1; Feb. 12, 1915» P· 2, reporting that Patrolmen's Benevolent Association had exonerated Ellison. Ibid., Feb. 16, 1915, p. 4. 59- Ibid., Feb. 26, 1915, p. 4. 60. Walter T. Arndt, "The Defeated New York Constitution," National Municipal Review, V (19I6), 92. Tammany machine was active against the Home Rule Amendment. The Chief, (Oct. 16, 1915» P· l) gave a list of the policies the employees had canvassed the candidates upon. The Issue of November 6, I9I5 (p. l) stated that 90 percent of those elected had agreed with the employees on matters of court review, eight-hour day, salary protection, pension protection, right of appeal to public bodies and officers. Urging the defeat of Home Rule: The Chief, Sept. l8, 1915, Ρ- 1; Aug. 7, 1915, Ρ- 1; Oct. 23, I915, P. 1; Oct. 30, 1915, P· 6. 61. Charles A. Beard, "The New York Constitutional Convention," National Municipal Review, IV (I915), 637· The strenuous activity of the Conference of Mayors is given In its Proceedings of I9I6, p. 5.

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293

62. The Chief, Nov. 6, 1915- The New York City vote on the Home Rule Amendment was: Por, 47,095; against, 150,576. Labor also opposed the amendment. 6?. C i v i l Service Chronicle, Dec. 10, I915, p. The Chief, Feb. 5, 1916, p. 1. 64. Hew York Times, March 11, 1916; The Chief, March l 8 , I 9 I 6 , p. 8; Good Government, XXXIII (1916), 77. 65. The Chief, March 24, 1917, P- 1. 66. New York Times, Jan. 21, 1917; The Chief demanded justice f o r Enrlght, Jan. 27, 1917, p. 4. 67. The Chief, March 10, 1917, P- 4. Given as the reason f o r the eupport of Hylan: The Chief, July 13, 1918, p. 1. 68. C i v i l Service Chronicle, Jan. 10, 1914, p. 4. 69. I b i d . , Jan. 17, 1914, p. 1. 70. The f o l l o w i n g issues of The Chief published the constitution of the association. No other copy was a v a i l a b l e . July 7, 1917, P· 5; July 14, I 9 I 7 , p. 7; July 21, 1917, p. 7; Aug. 4, 1917, p. 7; Aug. 11, 1917, p. 7; and Aug. l 8 , 1917, P· 7· The constitution was adopted Aug. 3, 1914. 71. A r t . V I I , S 1. 72. A r t . IX, S i . 73. A r t . V I I , $6. 74. A r t . V I I , S 6 . 75. A r t . V I I I , s i · 7 6 . A r t . V I , $1 and S 3 S i . 7 7 . Art. X , 7 8 . Art. I I , s 4 ; Art. VI, $ 7 In I917, the president was allowed 7 9 - A r t . IX. $300 a year, the f i r s t vice-president $100, the second vice-president $25, the treasurer $200, eäch f i n a n c i a l secretary $150, the recording secretary $100, the chairman of the Board of Trustees $150, and the other four members $25· A r t . I I I , J1 provided that the delegate receive f i v e cents a month f o r each member he represented. 80. A r t . IV, $1. Two separate funds were establ i s h e d , the Benefit Fund and the Contingent Fund. Art. I l l , 51.

294

FIREMEN'S AND PATROLMEN'S UNIONS'

81. Art. XII, $1. 82. Art. II, SS5 and 6. 8?. The Chief, April 12, 1946, p. 8 and May 10, 1946, p. 2. 84. Civil Service Chronicle, June 12, 1914, p. 1. In the two elections which followed Moran was elected by a wide margin. Civil Service Chronicle, June 11, 1915, p. 4: Moran v¡^. Domlnlch 0'Conner, 84 to 41: June l6, I916, p. 4: Moran vs^. Tvyford, 90 to 34. 85. The Chief, June 1?, 1914, p. 4. This attitude ran through the accounts: Civil Service Chroncle, June 8, 1914, p. 4; June 12, 1914, p. 1. 86. The Chief, June I}, 1914, p. 4; Civil Service Chronicle, June 12, 1914, P· 1, stated that Moran Intended to follow progressive policies. 87. The Chief, June 20, 1914, p. 6. 88. Civil Service Chronicle, March 12, I915, p. 3. It was charged that P.B.A. was controlled by a clique: Civil Service Chronicle, Jan. 22, I9I5, p. 5. 89. Ibid., Jan. 24, 1914, p. 4: as noted, P.B.A. had the majority membership in S.P.A., yet only 4 out of the 40 votes in the delegates' assembly. The Chief, Jan. 24, 1914, p. 12. 90. The Chief, July 7, 1917, P- 5· Precedes Art. I. 91. New York Times, Jan. 6, 1915. 92. Civil Service Chronicle, Sept. 4, 1914, p. 4. The whole program was declared to be Ellison's work: Ibid., Jan. 8, 1915» P· 4. 9?. Ibid., Sept. 4, 1914, p. 4. 94. The Chief, Sept. 12, 1914, p. Civil Service Chronicle, Sept. 18, 1914, p. 1 and Sept. 11, 1914, p. 6. 95. Civil Service Chronicle, Feb. 12, I915, p. 2. Ellison was exonerated by the P.B.A. 96. Civil Service Chronicle, Jan. 15, I915, p. 1. The lssuie of March 26, I915, p. 1, stated that an exemption from the supervision of this agency was applied for by P.B.A.

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295

9 7 · New York Times, Jan. 3 , 1915· This appeared under the headline, "Woods to Quell a P o l i c e Mutiny." 9 8 . C i v i l S e r v i c e Chronicle, Jan. 22, I 9 1 5 , p. 59 9 . Genevieve W. Beavers, A Report on the Homes and Family Budgets of 100 Patrolmen (Bureau of Mun i c i p a l Research, March 31, I 9 1 3 ) . Mention was made of the f a c t that Commissioner Woods had cleaned up the dormitories ( C i v i l Service Chronicle, April 25, 1914, p. 4 ) , and that the f o r c e had been placed upon a s t r a i g h t three-platoon schedule and f i x e d posts done away ( i b i d . , Nov. I 3 , 1914, p. 4 ) . The Chief, May 2, 1914, p. 4: D i s t r i c t Attorney Whitman e s t a b l i s h e d a bureau to get rid of the i l l e g a l money lenders. Mayor Mitchel a t a dinner of the Committee of 107, April 12, 1915, a t the Aldine Club s a i d , "A new morale among the men e x i s t s . They know that r e ward and punishment depend upon the character of s e r vice r e n d e r e d . " 100. Munlc i p a l Yearbook of the City of New York, 1913. Prepared by Robert Adamson, S e c r e t a r y to Mayor Gaynor, with the a s s i s t a n c e of the Bureau of Municipal Research, pp. 118-23. 101. I b i d . , I 9 I 6 , pp. IO9-I5. 102. C i v i l S e r v i c e Chronicle, Jan. I 7 , 1914, p. 1 . IO?. Hew York Times, March 29, I 9 I 6 ; C i v i l S e r vice Chronicle, Feb. 4, I 9 1 6 , p. 4; The Chief, J a n . 29, 1916, p. 1 and April 1 , I 9 I 6 , p. 1 . 104. Report of the Bureau of Municipal Research, No. 76, August, I 9 I 6 , p. 133. 105. C i v i l S e r v i c e Chronicle, Aug. 18, I 9 I 6 , p. 6 . During the course of the application of standardi z a t i o n t o the budget, the Mayor had assured against a cut In the firemen's and patrolmen's s a l a r i e s . I b i d . , Feb. 25> 1916, p. 5. Comment on the r e l a t i o n of s a l a r i e s t o yielding to g r a f t i s made in Cornelius W. Willemse, Behind the Green L i g h t s , p. 60. 106. The C h i e f , July I 9 , I 9 I 6 , p. 1. 107. I b i d . , Nov. 4, I 9 I 6 , p. 1. The f i r s t a c t l a i toward the i n c r e a s e appeared In C i v i l Service Chronic l e , June 3 0 , I 9 I 6 , p. 4, and The Chief, J u l y 29, I 9 I 6 , p. 6.

296

FIREMEN'S AMD PATROLMEN'S ONIONS

108. New York Times, Oct. 3 I , I 9 1 6 , p . 8 . 109. C i v i l S e r v i c e C h r o n i c l e , May 4, 1917, p. 4, and May l 8 , 1917/ P· 4· This I n c r e a s e was t o b e g i n J a n u a r y , I 9 I 8 and t h e n by $50 Increments a y e a r t o r e a c h $1,600 In I92O. 110. The C h i e f , Aug. l 8 , I 9 1 7 , p. 5 . See a l s o the a c c o u n t of t h e a c t i v i t y of t h e F i r e m e n ' s A s s o c i a tion. 111. I b i d . , S e p t . 29, 1917, p . 1 . 112. I n t e r n a t i o n a l A s s o c i a t i o n of F i r e C h i e f s , P r o c e e d i n g s of t h e Annual Convention, I 9 I 3 , pp. 12935H J . C i v i l S e r v i c e C h r o n i c l e , J a n . 22, I 9 1 5 , p. 1 . 1 1 4 . I b i d . , Feb 12, I 9 1 5 , p . 5 and June 4, I 9 1 5 , p. 1 . 115. C i t i z e n s Union, Report of. t h e Committee on L e g i s l a t i o n , S e s s i o n of 1915, P· 7 ; C i v i l S e r v i c e C h r o n i c l e , J a n . 22, I 9 I 5 , p. 1 and Feb. 26, I 9 1 5 , p. 5 ; New York Evening Sun, March I 9 , I 9 1 5 , s u p p o r t e d t h e m e a s u r e . The C h i e f , J a n . 16, 1915, P· 1 , and March 1 J , 1915116. C i v i l S e r v i c e C h r o n i c l e , June 4, I 9 1 5 , p. 1 , and J u l y 2 , I 9 I 5 , p . 1 . Clement J . D r i s c o l l , D i s c u s s i o n of F i r e A d m i n i s t r a t i o n . The Government of t h e C i t y of New York (New York C o n s t i t u t i o n a l Convention Commission, I 9 1 5 ) , pp. 79-80. The f i r e c h i e f s opposed t h e s c h e d u l e . 117. C i v i l S e r v i c e C h r o n i c l e , May 9 , 1914, p . 5 ; June 12, 1914, P· 5 ; June 19, 1914; J u l y 14, 1914, p. 1 ; Aug. 28, 1914, p . 6 ; The C h i e f , June 13, 1914, p. l j New York Times, June 16, 1914 a n d . J u n e 2 J , 1914. 118. A B r i e f Advocating t h e A b o l i t i o n of t h e 2 0 j Hour Day j n t h e New York F i r e Department and t h e S u b s t i t u t i o n of t h e Two-Platoon System. Submitted a t t h e r e q u e s t of t h e C i t y Club of t h e C i t y of New York. C i v i l S é r v l c e C h r o n i c l e , March 1 6 , 1914. The C i t y Club had e s t a b l i s h e d a Committee on F i r e P r e v e n t i o n t o s t u d y t h e i s s u e . The C h r o n i c l e announced i n i t s i s s u e of Aug. 28, 1914, p . 6 , t h a t i t would

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297

discontinue Its agitation for the two-platoon schedule as a mark of confidence In and appreciation of the fairness of the Mayor. 119. Civil Service Chronicle, Dec. 1, I916, p. 1. 120. The Chief, Dec. 23, I9I6, p. 7; Civil Service Chronicle, Jan. 5, 1917» P· 1· 121. Civil Service Chronicle, Dec. 8, I916, p. 1, 122. Civil Service Chronicle, Deç. 1, I916, p. 1. 12?. Ibid., Jan. 14, I916, P· 5; Jan. 28, I916, p. 8; Feb. l8, I9I6, p. 5; March 3, I9I6, p. 1; March 10, I916, p. 1; March 24, I916, p. 1; March 31, 1916, p. 1; The Chief, Jan. 22, 19I6, p. 2, and Feb. 5, 1916, p. 6. 124. The Chief, Dec. 2?, I9I6, p. 7Mayor Mitchel had also attacked the F.M.B.A. at a firemen's banquet (civil Service Chronicle, Feb. 23, I917, p. 5). "Poor Clifford always has been made the goat, but If it weren't for him and his 'Pinkies' the platoons would be a million miles away." 125. The Chief, Jan. 6, 1917, P- 5; Civil Service Chronicle, March 9, I917, Ρ· 1 and March 23,

1917, p. 1. 126. The Chief, Feb. 17, 1917, p. 4; Civil Service Chronicle, Jan. 12, I917, pp. 1, 5; Jan. I9, 1917, Ρ- 2; Feb. 23, 1917, p. 5· 127. Civil Service Chronicle, March 9, I917, p. 1. 128. Ibid., Jan. 12, 1917, PP- 1, 5; Jan. 26,

1917, p. 1¿ Feb. 2, 1917, PP- 1, 5; March 9, I9I7, p. lj March 23, 1917, P- 1; April 29, 1917, P- 1. 129. Ibid., April 6, I917, p. lj The Chief, April 7, 1917, P. 1.

130. The Chief, Oct. 2, I92O, p. 1. 1.

131. Ibid., April 14, I917, p. 4. 132. Civil Service Chronicle, June 8, I917, p. 133· Ibid., Feb. 23, 1917, P- 5134. The Chief, May 26, 1917, p. 5.

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FIREMEN'S AND PATROLMEN'S UNIONS

135· Ibid., April 14, 1917» P· 4 and June 2?, 1917, p. 1. 136. Ibid.. May 5, I917, p. 5137. Ibid., June 2, 1917, P- 1. 138. Ibid., June l6, 1917, P· May 26, I917, p. 5; July 21, 1917, 1. 139. Ibid., Sept. 8, I917, P· 1. During the 1916 struggle, Adamson had suggested that the question be submitted to a referendum vote. Civil Service Chronicle^ December 1, I9I6, p. 1. 140. The Chief, Sept. 29, 1917, P- 2. The fact that F.M.B.A. did not affiliate with the Civil Service Forum was resented by the Forum. In I916 this resentment was shown when the Forum refused to support a n eight-hour plank for government employees. The firemen were the only workers not on a n eighthour day. The Chief, Oct. 7, I916, p. 1. 141. The Chief, Sept. I5, 1917, p. 4. O'Reilly claimed that Mitchel had made a pre-election promise to give the two-platoon schedule a trial and had failed to do so. 142. The Chief, Sept. 8, 1917, p. 1. 143. Civil Service Chronicle, June 1, I917, p. 1. The Chief, July 14, 1917, P- 1. O'Reilly presented a brief for Increases, calling also for a minimum salary of $1,100. 144. The Chief, July 14, 1917, P- 1, and Aug. 18, I917, P. 5145. Joint action vas reported in The Chief, Aug. 25, 1917, Ρ- 5, and September 1, 1917, P- 5· 146. Walter T. Arndt, "The Defeated New York Constitution," National Municipal Review, V (1916), 99. 147. The Chief, May 8, I915. 148. Ibid., June 27, 1914, p. 1. 149. Civil Service Magazine, June 6; 1914, p. 5. 150. Civil Service Chronicle, Jan. 22, I915, p. 5. 151. New York Tribune, Jan. 18, I915. The news Item appeared under the headline: "Would End Police Benevolent Bodies."

REFERENCES - CHAPTER III

299

152. In an editorial In the Civil Service Chronicle, May 14, 1915, p. 6, It was stated that the employees were ordered to elect delegates to the Conference, and that of the Committee charged with organizing the Conference, only three or four of the members had been elected by the employees. All others were designated by the department heads. William Lamkie of New York University assisted in drawing up the plans. 153· Employees' Conference Committee, Report of the Special Committee Recommending Plana for a Permanent Organization, March 29, I9I5, pp. 5-6. The Chief (May I5, 1915) explained the purposes of the Conference in a sympathetic manner. 154. The Chief, July l8, 1914, pp. 1-2. 155. Ibid., Sept. 18, 1915, P· 2. 156. Ibid., May 22, 1915,.p. 1. It was held that the Conference was directed against the Civil Service Forum. 157. Ibid., June 26, I915, p. 6. In point of fact, the organization presented bills to the administration in I9I6, and in I917 established a credit union. Civil Service Chronicle also came out against the Conference, In the issue of Jan. 8, I915, p. 6: "There is reason to believe that the policy of Mayor Mltchel is unfriendly to organizations of employees unless under the supervision of the administration." March 5» 1915, P· 6, carried an editorial against the Conference. May 14, 1915, P· 6, stated that the Mayor's intention was to undermine the employees' organizations. It was said that the Mayor had recently stated "that organized employees can accomplish more at Albany than the City can." 158. The Chief, May 29, 1915, p. 2, and Jan. 8, 1916, p. 1. It should be recalled that Commissioner Bingham's action against the Police Lieutenants' Association in 1909 was countered by like proposal. 159. Ibid., July 31, 1915, Ρ- 1160. Ibid., March 11, I916, p. 4. 161. Ibid., June 6, 1914, p. 6. 162. Ibid., Aug. 18, 1917, p. 1.

300

FIREMEN'S ARD PATROIXEN'S UNIONS

Ib?. Hew York Times, June 16, 1914, and June 25, 1914. Adamson, before a Taxpayers Alliance of Bronx County, "told with glee of the 2,300 responses he received from the 'blue shirts' when it was suggested that the firemen get together on their time off to discuss the*problems that confront the department today." The Chief, Nov. 18, I9I6, p. 6. 164. The Chief, Jan. 5, I9I8, p. 5· 165. Ibid., July 13, 1918, p. 2. 166. Ibid., Oct. 6, 1917, p. 6. 167. Ibid., Oct. 6, 1917, P. 6, and Oct. 27, 1917, P- 1. 168. Ibid., Sept. 8, 1917, P- 1. 169. Ibid., Oct. 6, 1917, p. 6. 170. Civil Service Chronicle, Feb. I5, I918, p. 1, stated that Herbert L. Smith resigned to make this position available for Priai. Smith got a $3,000job as Auditor of Accounts, and Priai got $6,000 as Deputy Comptroller. Chapter IV 1. Citizens Union, Report of the Legislative Committee, Session of I923, p. 41. 2. "The Blight of Enright," Searchlight. XII (1922), 1-3· Hylan had notified his departments in I9I8 to appoint down the line (1^2-3 rule). Civil Service Chronicle, Jan. 18, I918, p. 1, and Feb. 1, I9I8, p. 1. Enright's administration was widely criticized: Searchlight, IX (1919), 1; New York World, April 8, 1922; Searchlight, XI (192I), 5, 12. 3. Searchlight. IX (I919), 9-10. 4. The Chief, Oct. 30, 1920, p. 4; May 28, 1921, p. 5; July 23, 1921, P. 5; Aug. 22, 1925, p. 35. New York World, Sept. 12, 1922. 6. Civil Service Chronicle, Sept. 5, I919, p. 4. Thomas Curtis, President of the Subway Workers Onion. 7. Ibid., Feb. 1, I9I8, p. 1. Mentioned a twoplatoon bill in the State legislature; March 29, I918, p. 1, F.M.B.A.'s activity for the bill. The Chief,

REFERENCES - CHAPTER IV

301

March 2, 1918, p. 1, March 8, I918, p. 1, mentioned a three-platoon bill. 8. Civil Service Chronicle, March 29, I918, p. 1. 9. The Chief, May 25, I9I8, p. 1. 10. Ibid. 11. Ibid., May 18, I918, p. 1. 12. Ibid., May 25, I9I8, p. 1; June 8, I918, p. 1; June I5, I9I8, p. 1 (the resolution); June 29, 1918 p.4; July I3, I918, p. 1. I?. Ibid., Jan. I9, I9I8, p. 1. 14. Civil Service Chronicle, July 12, I918, pp. 1, 5. The June meeting of the Forum. Priai asked Moran to νlthdrav the requeet. The Chief, July 6, 1918 p. 4. 15. The Chief, Sept. 14, I918, p. 5; June I5, 1918, p. 1; July 12, I918, p. 1; Civil Service Chronicle, Sept 13, 1918, p. 5· 16. The Chief, June I5, I9I8, p. 1; June 29, 1918, p. 4; Civil Service Chronicle, July 21, I9I8, p. 5· 17· The Chief, June 18, 1921, p. 5; July 27, I9I8, p. 5· Office in Pulitzer Building. Resignation of U.F.A. from the Forum announced In The Chief, Sept. 14, 1918, .p. 5; Civil Service Chronicle, Sept. 13, 1918, p. 1; July 11, I919, p. 5. First joint meeting of P.B.A. and U.F.A. : The Chief, Nov. 8, 1918, p. 318. International Association of Fire Fighters, Proceedings, I928, p. 82. 19. The attacks appear early (Civil Service Chronicle, Sept. 20, I9I8, p. 5) and continue throughout the administration. Enrlght's Legislative Committee of the Police Department was the first attempt to break this unity Its legislative program appeared in The Chief, Dec. 7, I918. The 1924 attack through the veteran issue is discussed; see pp. 135136. See note I98. 20. The Chief, July 20, I918, p. 1. 21. Ibid. The factors that contributed to the decision to affiliate as given in the Civil Service

302

FIREMEN'S A N D PATROLMEN'S U N I O N S

Chronicle, July 19, I918, p. 1 were: one day off In ten, delay Ln two-platoons, present salaries. The paper claimed that the officers had put the move over on the m e m b e r s h i p : the Issue of Aug. 1, I9I9, p. 5. 22. The Chief, July 25, 1931, P· 7· 23. Ibid., July 8, I9I6, p. and Sept. I5, 1917, Ρ24. 25. p. 1. . 26.

4. Ibid., Dec. 7, 1918, p. 1. Civil Service Chronicle, July I9, I9I8, International Fire Fighter,

II (Jan.

I9I9),

10; The Chief, Oct. 16, I920, p. 5. 27. Civil Service Chronicle, July I9, I9I8, p. 1. 28. Ibid. Depletion of the force was noted ,in The Chief, July 27, 1918, p. 1. 29. Civil Service Chronicle, July I9, I9I8, p. 1. This paper took a strong antl-unlon point of view as well as an ant 1-0'Rellly one. The issue of Sept. 13, 1918, p. 6, took notice of the strong movement toward unionism. The issue of July 11, I919, p. 5. stated: "The officers of Local 9 4 also left the C i v i l Service Forum because the Forum got rid of O'Reilly as Secretary." 30. The Chief, July 13, I918, p. 1. The effort being made was reported ln Ibid., May l8, I918, p. 1; May 25, I9I8, p. 1. 31. Civil Service Chronicle, Aug. 23, I9I8, p.

The Chief, Aug. 17, 1918, p. 1, and Aug. 2k, I9I8, p. 1. 32. The Chief, Aug. 10, I918, p. 1, and Sept. 7, 1918, p. 1.

33. Ibid., Aug. 31, I9I8, p. 1; Oct. 5, I9I8, p. 3 refers to a letter sent to the Board of Estimate, S e p t e m b e r 12th, w h i c h gave the facts on the cost of living. Civil Service Chronicle, Aug. 30, I918, p. 1 ; Sept. 13, 1918, p. 5; Sept. 27, 1918, p. 1. stated that no increase had been given to the officers ; Sept. 20, 1918, p. 5, gave the F.M'.B.A. resolution pledging loyalty and thanking the Mayor. 34. The Chief, Aug. 3, I918, p. 1.

REFERENCES - CHAPTER IV

30?

35. Ibid,, Sept 7, 1918, p. 1; Sapt. 28, I9I8, p. 1; June 5» I936, p. 10. 36. Civil Service Chronicle, Sept. 13, I918, p. 5; The Chief, Sept. 7, 1918, p. lj Sept 28, I9I8, p. 1; June 5, 1936, p. 10; Hew York Sun, Sept 4, I9I8. 37. Civil Service Chronicle, Sept. I3, I918, p. 5; The Chief, June 5, 1936, p. 10. 38. The Chief, Nov. 9, I9I8, p. 539. Ibid., Sept. 26, I9I8, p. 1. 40. Ibid., Sept. 7, I9I8, p. 1. 41. Ibid., Nov. 9, 1918, p. 5, and Dec. 21, I918, p. 2. 42. International Fire Fighter, II (Jan. I919),

8.

43. Letter from George J. Richardson, SecretaryTreasurer of the I.A.F.F., December 28, 1945: "Local 148 was chartered on December 4, I918, and actually never did function as a local of our Association as no per capita tax was paid. Local I63 was chartered on January 17» 1919 and continued as an active organization until January I920. Shortly after that they were suspended for non-payment of dues." The Chief, Dec. 21, I9I8, p. 2; Dec. 28, I9I8. 44. Ibid., Nov. 2, I918, p. 4. 45. Ibid., July 27, I918, p. 5. Same Interest shown In issue of Aug. 3, I9I8, p. 1; Aug. 24, I9I8, pp. 1, 5. 46. Ibid., Oct. 5, 1918, p. 1. 47. Ibid., Nov. 9, 1918, p. 4. 48. Letter from George J. Richardson, cited above, note 43. Civil. Service Chronicle, Dec. 13, I918, p. 1; Jan. 3, 1919» P· 5; Jan. I7, I9I9» P· 1; Jan. 24, 1919, Ρ- 5; The Chief, Dec. 7, 1918, p. 1. 49. Civil Service Chronicle, Jan. 31, 1919, p. 5. The. members were pledged to secrecy. 50. The Chief, Feb. 1, I919, p. 1. The opposition which the movement was meeting was given in Civil Service Chronicle, Jem. 10, I9I9, p. 5; Jan. 24, 1919, P. 5; Jan. 3I. I919, P- 551. Civil Service Chronicle, Jan. 10, I919, p.

5

304

FIREMEN'S AND PATROLMEN'S UNIONS

52. The Chief, Nov. 23, I918, p. 4. 53- Ibid., Feb. I5, I919, p. 1. 54. Ibid., April 26, I9I9, p. 2. A Joint Board of the officers of the line associations had been operating since September, 1917· The Chief, September 1, I917, p. 5. Civil Service Chronicle, May 2,

1919, p. 1. 55· George J. Richardson, Secretary-Treasurer of the International Association of Fire Fighters, In a letter of December 28, 1945, wrote that the cetitral office had no Information relative to this movement. 56. Civil Service Chronicle, May 2, I919, p. 1. 57. The Chief, June 7, 1919, P- 4. 58. Ibid., May 3I, 1919, p. 1. In another paragraph the order also forbade appeal to public bodies. On page 4 of the same Issue the order was criticized. Conservative statements upon the use of the strike weapon appeared In the Issues of July 26, 1919» P· 4; Aug. 9, I919, Ρ- 1; Sept. 1?, 1919, P· 1 (Priai). 59. Civil Service Chronicle, July 11, I9I9, p. 1; The Chief, Aug. 2?, 1919, P- 160. The Chief, March 8, 1919, P· li March I5, 1919, PP· 1, 3; Civil Service Chronicle, May 30, I919,

p. 1.

61. Civil Service Chronicle, May 9, I919, pp. 1, 5; May 16, I919, p. 1; May 30, I9I9, P· li June 6, 1919, P· 5i June 13, I919, p. 5 with a headline: "Lenin and Trotsky Government In New York Fire Department"; June 27, 1919, p. 1; July 4, 1919, p. 1, which gave the charges against Spellacy; July l8, I919, p. 5; Aug. 1, 1919, p. 5. 62. Ibid., July 11, I919, p. 1; July 18, 1919, p. 1. 63. Ibid., Aug. 22, I9I9, p. 1. The order was Circular No. 3, August 1, I919. 64. The Chief, Aug. 23, 1919, p. 1. 65. The last Issue of The Firemen was the one of Aug. 23, 1919. The first appeared June 12, I919. No copies have been available. Civil Service Chronicle, June 13, I919, p. 5; Aug. 22, 1919, P· 1* Pire Commissioner Drennan denied U.F.A.'s officers permission to attend the annual convention: The Chief,

REFERENCES - CHAPTER IV

305

Aug. JO, 1919, P· 1, and Civil Service Chronicle, Sept. 5» I919» Ρ· 5· Note restrictive order on Police Department. Note 82. 66. Por the dissolution of the District Council see notes 43 and 48. Also stated In The Chief, Nov. 6, I920, and Civil Service Chronicle, Jan. 30, I920, p. 5· 67. Civil Service Chronicle, Nov. 7, I919, p. 6. The sale was announced In The Chief, April 12, I919, p. 1. 68. A statement was made by Mr. H. Eliot Kaplan, National Civil Service League, In an interview, April 10, 1944. 69. The Chief, April 24, I920, p. 4. O'Reilly continued to direct The Chief School, established a decade before. The school prepared candidates for the Civil Service Examinations. The Civil Service Chronicle (March 21, I918, p. 8) stated that Priai held most of the stock in the company. 70. Civil Service Chronicle, Sept. 26, I919, p. 5. The New York Civil Service Society was amalgamated with the Civil Service Forum In 1924, with Priai continuing as president. The Chief, July I9, 1924, p. 1. 71. The Chief, Nov. 2, I9I8, p. 4; Nov. 9, I918, p. 6; Nov. 23, 1918, p. 4. 72. The Chief, July 12, 1919, Ρ- 1; July, 19, I9I9, p. 1; July 26, I9I9, P- 1; Aug. 2, 1919, p. lj Aug. 9, 1919» P· 1; Sept. 13, 1919, p. 1; Sept. 20, 1919, p. 5i Oct 25, 1919, p. 1; Nov. 1, 1919, p. lj Nov. 15, 1919, P· 1; New York Sun, Sept. 23, I919. (Municipal Employees' Association.) 73· Civil Service Chronicle, Aug. 8, I919, p. 1. Also discussed In the Issues of Aug. 1, I919, p. 5, and Aug. 15, 1919, P· li New York Times, Aug. 8, I9I9. 74. Civil Service Chronicle, Aug. 1, I919, p. 5. 75· The Chief, Aug. 9, 1919, P- li New York Times, Aug. 8, 1919. 76. New York Times, Aug. 9, 1919· 77- The Chief, Aug. 9, 1919, P· li Sept. I3, 1919, Ρ- li Sept. 7, 1919, Ρ- 5i Sept. 20, 1919, p. 1;

306

FIREMEN'S AMD PATROLMEN'S UNIONS

Oct. 16, 1920, p. 5; New York Sun, Aug. 1, 1919; Sept. 12, 1919: Enright's statement. See note 57. 78. Civil Service Chronicle, Aug. I5, I9I9, p. 4. Moran was transferred back to patrol duty from a detail at Headquarters: Ibid., Sept. 5, I919, p. 4. 79. Ibid., Sept. 5, I919, p. 4. 80. The Chief, Sept. 13, 1919, p. 1; Civil Service Chronicle, Sept. 12, 1919, p. 5i Oct. 24, I9I9, P. 3. 81. New York Sun, Sept. 12, 1909, p. 9. It was the opinion of the Civil Service Chronicle that a police union In New York City would be In "no danger of a fiasco" because of the organized labor support It would receive. Issues of Oct. 3, 1919, p. 5, and Oct. 24, I919. The Police Lieutenants' Benevolent Association adopted a resolution condemning the Boston strike. New York Sun, Sept, 20, 1919, p. 5. 82. Rules and Regulations of PolIce Department of the City of New York, February 1, 1924, Rule I9I, p. 46; In edition revised to December 16, 1940, Rule 23I, p. ^0. 83. The Chief, Aug. 30, 1919, P· 1; Civil Service Chronicle, Aug. 29, I919, p. 1. 84. Civil Service Chronicle, Aug. 29, I919, p. 1; Sept. 12, I919, p. 5. As noted, New York Times, New York Tribune, and New York Sun supported increases in salary. This drive had been started isi the fall of 1918: Civil Service Chronicle, Oct. 25, I918, p. 1. 85. Civil Service Chronicle, Sept. 12, I9I9, P. 5. 86. Ibid., Sept. I9, I9I9, p. 7; Sept. 2b, I919, p. 1; Oct. 3, 1919, p. 4, increases were granted. The higher ranks got from $300 to $1,000. The Chief, Oct. 4, 1919» p. 1; Oct. 11, 1919, p. 1; Oct. 18, 1919, p. 1; Oct. 25, 1919, p. 1, increases for all employees, from 10/6 to 20/É. 87. New York Sun, Sept. 24, I919, p. 20. 88. Civil Service Chronicle. Oct. 3, 1919, p. 1. "Ernest Bohn secretary of the Central Federation Union, came out with a fresh announcement that

REFERENCES - CHAPTER IV

?07

unionization of the Police was positively under way." 89. Ibid., p. 4. 90. The Chief, Jan. 3I, I920, p. 5. 91. Monthly Labor Review, XVII (I923), 99. Percent of increase in the cost of living in New York City since 1914: December, December, December, December,

1915 I9I6 I917 I918

2.0 14.9 44.7 77.3

December, I919 December, I920 June, I920

IO3.8 101.4 119-2

92. International Fire Fighter, III (July I920), 11. 93. The Chief, Aug. 7, I920, p. 4; Feb. 12, I92I, p. 3· 94. N.Y. Laws 1920, C. 729. Amended N.Y. Laws 19OI, C. 466, S188 and N.Y. Laws I912, C. 47595. The Chief, June 26, 1920, p. 1. 96. Ibid., June 12, 1920, p. 1; June 26, 1920, p. lj July 31, I92O, p. 1. 97. The Chief, July 10, 1920. 98. International Fire Fighter, III (Aug. I920),

11.

99. The Chief, June 12, 1920, p. 1. 100. Ibid., June 26, 1920, p. 1. 101. Ibid., July 3, 1920. 102. Ibid., July 17, 1920, p. 1. 103. Ibid., July 10, 1920, and July I7, 1920, pp. 1, 2. 104. Ibid., July 3I, 1920, p. 1. The issue of Aug. 7, I920, p. 4, reported on the struggle. The Mayor's new plan for the distribution was announced. 105. Ibid., Aug. 14, 1920, p. 1. 106. The Chief, Sept. 11, 1920, p. 4; Sept. 25, 1920, p. 7; Oct. 23,il920, p. 4; Oct. 30, 1920, p. 4. 107. Ibid., Nov. 16, 1918, p. 1. 108. Ibid., Dec. 14, I918, p. 2; support mentioned in the issue of Nov. 3,0, I918, p. 5· 109. Ibid., Nov. 16, 1918, p. 1. 110. Ibid., Feb. 22, I919, p. 1, Aldermanic reeaLution.

508

FIREMEN'S ARD PATROLMEN'S ONIONS

111. Ibid., Feb. 8, 1919, p. li Feb. 15, 1919, p. li March 8, 1919, P· 1. 112. Ibid., March 15, 1919, PP. 1, 3i March 1, 1919, Ρ- 1. 113. Ibid., Feb. 8, I9I9, p. 1. 114. Ibid., Feb. I5, I9I9, P- 1. 115. Ibid., March 8, 1919, P· 1. 116. Jan. 25, I919, p. 2. The publicity la given In The Chief, Jan. 18, I919, p. li Jan. 25, I919, p. 2i Feb. 1, 1919, PP. 1, 2. Feb. 8, I9I9, p. li Feb. 15, 1919, Ρ- 5i Feb. 22, 1919, P· li March 1, I9I9, p. li March 8, 1919, P· li March 15, 1919» PP. 1» 3i Civil Service Chronicle, Jan. 24, 1919, Ρ- 5i Feb. 24, 1919, P· li March 28, 1919, p. 1. Opposed the bill, furthered the tvo-platoon one. 117. The Chief, March 15, 1919, p. 3i Civil Service Chronicle, March 28, I9I9, p. 1. 118. Civil Service Chronicle, March 14, I919, p. 1. 119'. The Chief, March I5, I919, P- 1, 3· O'Reilly's charge i Civil Service Chronicle, March 14, 1919, P* I* Guinness' comment. 120. The Chief, March 29, I919, P- 3121. Citizens Onion. Report of the Committee on Legislation, Session of I9I9, p. 36; The Chief, March 22, I919, p. li March 29, I9I9, P- li April 5, I919, Ρ- li April 12, 1919, p. li April 19, 1919, p. li April 26, 1919, Ρ- li May 10, 1919, P- li May I7, I919, p. Ii Civil Service Chronicle, March 28, I919, p. li April 4, 1919, P- li April 11, I919, p. 1; April 18, 1919, Ρ- li April 25, 1919, P- li May 16, I919, P. li May 23, I9I9, Ρ- 1. 122. The withdrawal of the Schenectady union from the united front of firemen's associations behind the drive was an important event, both in future consequences and In the loss of this effort: The Chief, March 29, I919, p. 1. 123. Ibid., April 12, 1919, P- li April I9, 1919, p. Ii Civil Service Chronicle, April 25, I919, P· 1. 124. The Chief, May 17, 1919, P- 1.

REFERENCES - CHAPTER IV

509

125. Ibid., May 24, 1919, pp. 2, 4. An ordinance for the eight-hour day was Introduced In the Board of Aldermen. Ibid., p. 1. It was defeated. Civil Service Chronicle, May 27, I9I9. 126. The Chief, May 3I, 1919, P- 1. 127. The plana for the two-platoon schedule were announced by the Civil Service Chronicle In the Issues of March 21, I919, p. 1; April 4, I919, p. 1; April 18, I919, P- lj May 9, 1919, P- 1; May 2?, 1919, ΡΡ1, 5128. Fire Department, Gen. Order No. 12, June 15, 1919; Gen. Order No. l6, July 30, I919; The Chief, June 14, 1919, P· 1; June 21, 1919, P· 1; Aug. 2, 1919, Ρ- 1. 129. At the outset of I920 less than one half of the force was on two platoons. The Chief, Jan. 10. 1920, p. 2. 150. Fire Department, Gen. Order No. 10, May 24, 1919. Note 58 refers to the other prohibition In this order. 131. N.Y. Laws I92O; C. 805; Rules and Regulations of the Police Department, I926, Rule I92, p. 46, but limited by Rule I93, p. 46; ibid., 1940, Rule 2?4, p. 41, but limited. The law is not incorporated In the Fire Department Rules and Regulations, I926 or 1937· International Association of Fire Fighters, Proceedings, 1926, pp. 14-16. O'Reilly said that he had lobbied two years for the measure. The measure was vetoed by Governor Whitman in I916: The Chief, April 8, 1916, p. 1; April I5, 1916, p. 1. The orders prohibiting appeal In the uniformed departments received attention in the fall of I919: The Chief, Oct. 4, 1919, p. 1; Dec. I3, I919, p. 1; June 7, 1919, Ρ- 4. 132. International Fire Fighter, VII (Nov. 1924), 1. 133. Civil Service Chronicle, April 25, I919, p. 1. Canvassed the candidates: The Chief, Oct. I9, 1918, p. 1; Oct 26, 1918, p. 1. 134. The Chief, Nov. 9, I918, p. 4. Support for Smith was given in ibid., Sept. 29, I918, p. 4; Oct. 19, I9I8, p. 1; Nov. 2, I9I8, p. 1.

310

FIREMEN'S A M D PATROLMEN'S UNIONS

135. The Chief, Oct. 25, I919. 136. Ibid., June 7, I919, p. 1. The salary struggle had been reflected In the slowing up of the Installation. Strong complaint was voiced in Ibid., Dec. 6, I9I9» P· 137. Civil Service Chronicle, Nov. 7, I919. 138. Annual Report of the Board of Elections, New York City, I919, pp. 25, 74; LaGuardla by 1,178 votes and Curran by 8,114 votes. 139. Fire Department, Gen. Order No. 1, Jan. 5, I92O; Gen. Order No. 14, July 24, I92O; Gen. Order No. 16, Sept. 28, I92O. 140. Citizens Union, Report of the Committee on Legislation, Session of I920, pp. 9-IO. Vetoed, May 17, I920. International Association of Fire Fighters, Proceedings, 1920, p. 44; International Fire Fighter, III (July I920), 8; The Chief, May 22, I920, p. 1 stated that the Mayor's Conference opposed the measure; June 5, 1920, p. 1, Governor Smith explained the circumstances of his veto in a letter to Frank Priai. 141. The Chief, Nov. 13, I920, p. 1. 142. Ibid., June 5, I92O, p. 1; Nov. 6, 1920, p. 1; Nov. 13, I92O, p. 5; April 8, 1922, p. 1; Oct. 28, I922, p. 1, which rebuked the uniformed associations for breaking the solid labor front for Smith; Nov. 18, 1922, pp. 1, 2; International Association of Fire Fighters, Proceedings, I926, p. 153. 143· International Association of Fire Fighters, Proceedings, 1920, p. 44. The power of the uniformed vote was claimed in The Chief, Dec. 25, 1920, p. 5, in the plurality given to Senator Burlingame. 144. International Association of Fire Fighters, Proceedings, I926, p. 153· 145. The Chief, Jan. 29, I92I, p. 3; Feb. I9,

I92I, p. 1; Feb. 26, I92I, p. 1; March

5, I92I, p.

4; March 11, 1921, p. 5; May 21, 1921, p. 1; International Fire Fighter, IV (Julyl92l), 27. 146. The Chief, May 21, 1921, p. 1. 147. New York Tribune, Feb. 11, 1921. Quoted In The Chief, Feb. 19, 1921, p. 1- Kenlon, at the October, I924 meeting of U.F.A. repeated his statement. International Fire Fighter, VII (March 1924), 1.

REFERENCES - CHAPTER IV

511

148. N.Y. Laws 1922; C. 226; International Association of Fire Fighters, Proceedings, 1922, p. 55; The Chief, April 8, 1922, p. 1. 149- The Chief, Jan. 50, 1920, p. 5, at the outset of the drive stated that the increases were supported by the Directors of the Merchants Association. Ibid., Sept. 4, 1920, p. 2, reported a Joint Conference of the Fire Associations for salary increases. Ibid., Sept. 4, 1920, p. 5; Sept. 11, 1920, p. 4;

Sept. 25, 1920, p. 7; Oct. 25, I92O, p. 4; Oct. 50,

1920, p. 4.

1 5 0 . Citizens Union, Report of the Committee on Legislation, Session of 1921, p. 45; The Chief, March 12, 1921, p. 5; March 26, 1921, p. 8; April 16, 1921, p. 1.

151. The Chief, April 5 0 , I 9 2 I , p. 1.

152. International Fire Fighter, IV (June I 9 2 1 ) , 20; The Chief, May 21, 1921, p. 5; June 2 5 , 1921, p. 1. 1 5 5 . International Fire Fighter, V (Feb. I922), 4.

154. Ibid., IV (June I 9 2 1 ) , 20.

1 5 5 . Guinness 1 transfer; The Chief, Jan. 28, 1922, p. 1; Feb. 4, 1922, p. 5; Feb. 25, 1922, p. 5; International Association of Fire Fighters, Proceedings, 1922, p. 55; International Fire Fighter, V

(Feb. 1922), p. 4.

1 5 6 . The Chief, Jan .28, 1922, p. 1. 1 5 7 . Ibid., Feb. 25, 1922, p. 5 . 1 5 8 . Ibid,, Dec. 18, 1920, p. 5 . 1 5 9 . The Duties and Compensation of the Uniformed Patrolmen of New York City. A Report prepared for the Patrolmen's Benevolent Association by the Labor Bureau, Ine., January, I 9 2 2 ; Internatlonal Fire Fighter, V (March 1922), 27-28. 160. The Chief, March 11, 1922, p. 1; March 18, 1922, p. 1. 161. Ibid., March 11, 1922, p. 1. 1 6 2 . Ibid., April 8 , 1922, p. 2; International Association of Fire Fighters, Proceedings, I 9 2 6 , p. 115.

312

FIREMEN'S ARD PATROLMEN'S UNIONS

163. I n t e r n a t i o n a l F i r e F i g h t e r , V (Sept. I922), 32j New York World, S e p t . 25, 1922; The C h i e f , O c t . 14, 1922, p . 1; t h e Mayor had i n c l u d e d a r a i s e i n t h e Mayor's s a l a r y from $15,000 t o $25,000: Internationa l F i r e F i g h t e r , V ( A p r i l 1922), 17 · 164. The C h i e f , Oct. 14, 1922, p. 1 . 1 6 5 . I b i d . , Oct. 22, 1922, p . 1. 166. I b i d . , Oct. 14, 1922, p . 2. 167· I b i d . , Aug. 6 , I932, p . 5- I n 1919 t h e Newark, New J e r s e y , men had a c h i e v e d a 3 a l a r y i n crease through referendum l e g i s l a t i o n . 168. I b i d . , June 2, 1923, P- 4. 169. C i t i z e n s Union, Report of t h e Committee on L e g i s l a t i o n , S e s s i o n of 1923, pp. 42, 45 ( v e t o e d t h e F a r r e l l - B u r c h i l l B i l l . Schackno-Jesse B i l l s i g n e d ) . The I n t e r n a t i o n a l F i r e F i g h t e r (VI A p r i l I923, 29-30) r e p o r t e d t h e B i l l t h r o u g h t h e Assembly, N.Y. Laws 1923, C. 856; The C h i e f . June 9, 1923, p . 1. 170. Announced i n The C h i e f , May 3 1 , 1924, p . 1. 171. I b i d . , Feb. 9 , 1924, p . 7; March I 5 , 1924, p . 21 Aug. 6 , I 9 3 2 , p. 51 7 2 . I b i d . , S e p t . 8 , 1923, P· 7 : Moran, Mulr o o n e y , Guinness, and H o l t e r b a c k . E f f o r t toward t h e r e f e r e n d u m : The C h i e f , June 5 , I923, p . 1 ; J u l y 21, 1923, P· Aug. 25, 1923, P. 1 . 1 7 3 . I b i d . , Nov. 10, 1923, p . 1. 174. I b i d . , Oct. 20, I 9 2 3 , P. 1 . 175. I n t e r n a t i o n a l F i r e F i g h t e r , IX (Oct. I926), 2 1 - 2 3 ; I n t e r n a t i o n a l A s s o c i a t i o n of F i r e F i g h t e r s , P r o c e e d i n g s , 1926, p. 17; The C h i e f , Dec. 3 I , 1932, p. 5176. New York Times, Nov. 5 , 1923; Evening World, Oct. 2 , 1923· 1 7 7 . Annual Report of the Board of E l e c t i o n s , C i t y of New York, 1923, Ρ- 79; The C h i e f , Nov. 10, 1923, P· 1 ; S t e w a r t Browne of United Real E s t a t e Owners A s s o c i a t i o n sought t o e n j o i n payment of t h e new s a l a r i e s on t h e b a s i s t h a t t h e e x p e n d i t u r e exceeded t h e d e b t l l j n i t of t h e c i t y . The s u i t was l a t e r w i t h drawn. The C h i e f , Nov. 24, 1923, p. 1 ; Dec. 1 , I923,

p. 1; Dec. 15, I923, p. 1-

REFERENCES - CHAPTER IV

313 178. International Association of Pire Fighters, Proceedings, 1924, p. 104. Statement vas made by a Mr. Martins, a delegate from Nev York City local. At the time the firemen and police of Yonkers, Rev York, vere at loggerheads. The close collaboration which the Joint Council had achieved in Nev York City was frequently commented upon: The Chief, Sept. 1, I917, p. 5; Jan. 18, 1919* P· 2; July 12, I9I9, p. 1; Sept. 18, 1920, p. 2. 179. International Fire Fighter, IX (July I926), 10.

Moran vorkB vlth a nightstick I do Bine vlth a pen Woods sita under a golden done Boeelng ten thousand men.

—The Chief, Sept. 5, 1925, P- 3-

180. N.Y. Lavs 1920, C. 329· 181. The Chief, Feb. 11, 1922, p. 5182. Good Government, XXXVIII. (1921), 78; Frank Mann Stewart, The National Civil Service Reform League (Austin, Texas: Ghiverslty of Texas, I929), pp. I8O-8I; The Chief, Jan. I5, 1921, p. 5; Jan. 22, I92I, p. 8.; Feb. 12, I92I, p. 1; Feb. I9, 1921; March 5, 1921, p. 1; March 12, I92I, p. 1; March 19, I92I, p. 1; March 22, 1919/ P· 1; April 16, 1921, p. 1. 183. The Chief, March 12, I92I, p. 5; May 14, I92I, p. 8; July I5, 1921, p. 8; July 23, I92I, p. 5; Sept. 3» I92I, p. 4; Nov. I9, 1921, p. 3. The Nev York State Veterans Preference Act of I920 (N.Y. Laws 1920, C. 282) vas declared unconstitutional in Barthelmess vs. Cukor, 23I N.Y. 435 (1921). 184. International Association of Fire Fighters, Proceedings, I92I, pp. 37, 46. 185. N.Y. Laws I919, C. 518. 186. New York World, June I7, 1924. 187. The Chief, Oct. 18, 1924, p. 8; the charge against P.B.A. vas released September 17th. 188. Ibid., Oct. 4, 1924, p. 2. 189. Ibid.

314

FIREMEN'S AND PATROLMEN'S UNIONS

1 9 0 . I b i d . , S e p t . 20, 1 9 2 4 , p. 11. 1 9 1 . I b i d . , Nov. 2 9 , 1 9 2 4 , p. 7. 1 9 2 . I b i d . , Oct. 1 8 , 1 9 2 4 , p. 8. 1 9 3 · Statement made by Lawrence J . Gorman, p r e s i d e n t of t h e Uniformed F i r e m e n ' s A s s o c i a t i o n , I929-I930. 1 9 4 . The C h i e f , May 1 0 , 1 9 2 4 , p. 7. 1 9 5 . N.Y. Laws I9OI C. 26 and the F i r e D e p a r t ment C i r c u l a r No. 9 o f May 3 0 , I 9 I O . 1 9 6 . The C h i e f , May 1 0 , 1 9 2 4 , p. 71 9 7 . The Chrlef, May I 7 , 1 9 2 4 , p. 71 9 8 . The C h i e f , Feb. 2 6 , I 9 2 I , p. 1 ; Aug. 20, I 9 2 I , p. 1 ; Aug. 2 7 , I 9 2 I » Ρ· 1 : Enrlght e s t a b l i s h e d à L e g i s l a t i v e Committee of the P o l i c e Department. This attempt In 1921 t o d i s r u p t the P.B.A. on the i s s u e of hours was an e l e c t i o n f o r e r u n n e r and the a t tempt t o do so on the veteran i s s u e in 1924 may have had long-range purposes o f l i k e kind. See note I 9 . 1 9 9 . S e a r c h l i g h t , XI ( I 9 2 1 ) , 12. A grand j u r y r e p o r t on p o l i c e g r a f t . Ex-Governor Charles S . Whitman, as s p e c i a l c o u n s e l , " i n d i c a t e d a low morale and a fundamentally r o t t e n c o n d i t i o n in the P o l i c e Department f o r which Commissioner E n r i g h t I s c h i e f l y r e s p o n s i b l e . " The C h i e f , May 2 8 , I 9 2 I , p. 5 ; Nov. 26 1 9 2 1 , p. 1 , commented upon the Commissioner's promot i o n p o l i c y o f skipping names on the l i s t s , the ordered demotions, and s p e c i a l assignments. The policemen had f a l l e n back i n t o the old "Chris O'Donnell game, paying f o r the d i s t r i c t l e a d e r s ' endorsement f o r s p e c i a l f a v o r s and promotions or f o r t h a t of any o t h e r person who claimed t o have p o l i t i c a l I n f l u e n c e . 2 0 0 . New York VorId, A p r i l 1 8 , 1922; S e a r c h l i g h t X I I (1922), 1. 2 0 1 . New York World, A p r i l 1 2 , 1 9 2 2 ; New York T r i b u n e , A p r i l l 8 , 1922. 2 0 2 . C i v i l S e r v i c e C h r o n i c l e , May 3 1 , . I 9 I 8 , p. 1 June 7 , I 9 I 8 , p. 1 ; June 1 4 , I 9 1 8 , p. 4. 2 0 3 . The C h i e f , June 8 , I 9 I 8 , p. 32 0 4 . C i v i l S e r v i c e C h r o n i c l e , May 3 1 , I 9 1 8 , p. 1 ; June 7 , I 9 1 8 , p. 1 ; June 1 4 , I 9 I 8 , p. 1 ; The Chief June 1 5 , 1 9 1 8 , p. 1 .

REFERENCES - CHAPTER IV

315

205. The Chief, June 13, 1914, P206. Ibid., Aug. 1, 1941, P· 7· The organizational rule--each organization admitted shall represent a single police department established by Act of the Legislature--was given In Ibid., July 22, 1933* p. 6. 207. International Association of Pire Fighters, Proceedings, I928, p. 83. 208. New York World, June 17, 1924. 209. The Chief, March 25, 1922, p. 1. 210. New York World, March 24, I922. A letter of complaint against this gift and the salaries paid Moran and O'Reilly was carried in The Chief, March 25, 1922, p. 1. The delegates' fees were raised in 1918. Civil Service Chronicle, Dec. Ι7, I918, p. 4. 211. The Chief, June 5, 1936, p. 10. 212. Ibid., Jan. 28, 1922, p. 1. 213. Ibid., Jan. 1, 192I, p. 5214. Ibid., Aug. 8, 1925» P· 7- The Mayor's Committee on Administration had Invited the associations to make suggestions for amendments to the City Charter. This they did, suggesting vacations fixed at 21 days, widows' pensions at a minimum of $600, retirement not to be jeopardized by service beyond the required service period, full salary to the widow when the man is killed 'in discharge of duty, pension service period for patrolmen to be reduced to 20 years, a ten-squad system in the police department, a system of reserve duty. Internatlonal Fire Fighter, VIII (May 1925), 25. The Chief, May 30, I925, p. 2. 215. Constitution and By-Laws of the Uniformed Firemen's Assoc lation of Greater New York (international Association of Fire Fighters, Edition revised and corrected to June 1, 1940), Local No. 94, Article II, 51, 2. 216. Art. Ill, §1; Art. V, §1. 217. Art. V, $2. 218. Art. II, §2, parj 3; Art. V, $2. 219. Art. II, §2; Art. IV, §6. 220. Art. V, $6. 221. Art. V, $8.

316

FIREMEN'S AND PATROUUEN'S UNIONS

222. Art. I, S 2, 6. 22J. In I922 the New York World (March 24, I922) reported a referendum within the association on the issue of an allowance to Guinness of $1,720 as "office maintenance." 224. The decision to remain within organized labor during this period is Important. The Chief, Sept. 25, 1920, p. 7; Dec. 18, 1920, p. 5. 225. International Association of Fire Fighters, Proceedings, 1923, pp. 39» 42. 226. The Chief, Nov. 22, 1919, Ρ- 5· There were two such state associations: in Massachusetts and in Ohio. 227. Ibid., April 21, 1922, p. 3.

Chapter V 1. The Chief, Sept. 12, 1925· Walker's legislative service record with regard to civil service received comment in the Citizens Uhion, Report of the Committee on Legislation, Session of 1912, p. 123. 2. Ibid., Sept. 12, 1924, p. 1. 3. Ibid., Aug. 22, 1925, P- 3. 4. William B. and John B. Northrop, The Insolence of Office (New York: G. P. Putman' Sons, 1932), P. 157. 5. New York World, April I9, 1926; New York Tribune, March 20, 1927; New York Times, March 25, I935. 6. New York Evening World, March 3I, I927. 7. New York Times, March 30, 1927- The Chief, April 7, I928: "Former Police Commissioner George V. McLaughlin Is to the Police Department what 'Llndy' Is to the world--the idol." 8. V. 0. Key, Jr., "Police Graft," American Journal of Sociology, XL (1935), 632. 9. New York Times, Aug. 31, I926, and Mareta 14, 1927. 10. National Municipal Review, XVI (1927), 352; New York Times, March 30, 1927.

REFERENCES - CHAPTER V

317

11. Searchlight« XIX (I929), 6; Hew York American, April 2, 1927· 12. Wev York American, May 7, I928. I ? . I b i d . . July 5, 1928. 14. Police Department, City of New York. Opinion of Honorable Grover A. Whalen, Police Commieslone r . In the Natter of the Charges Preferred against Various Members of the Police Department in Connection with the Shooting of Arnold Rothstein. March 24, 1930, pp. 33, 36-37. 1 5 . Hew York Tribune, Dec. I 9 , I929. 16. Hew York Times, Feb. 27, 19291 7 . S e a r c h l i g h t , XIX (1929), 7 ; Joseph D. McGoldrlck, "Vfhalen's Spectacular Bailee Career, " American City, XLII (1930), 154; McGoldrlck, "A Policeman's L o t : An Appraisal of Grover Whalen's Tour de Force as Police Commissioner of Hew York C i t y , " national Municipal Review, XIX (1930), 391; Henry J . Pringle, "Grover the Magnificent," American Mercury, July, I929. 18. Hew York Sun, March 20, 1930; Hew York Times, March 17, 1930; American Civil L i b e r t i e s Dhion, Pol i c e Lawlessness against Communists in New York (New York, April, 1930). 19. Edward A. Williams, "The Craln Removal Case and the S t a t i s t i c a l Charts,"'National Municipal Review, XXI (1932), 232. 20. McGoldrlck, "Mayor Walker Takes the Stand," Rational Municipal Review, XXI (1932), 413; In the Matter of the Investigation of the Departments of Government of the City of Hew York. Intermediate Report to Hon. Samuel H. Hofstader by Samuel Seabury, January 25, 1932. 21. McGoldrlck, "Tammany Totters but Triumphs," Rational Municipal Review, XXI (1932), 634. 22. New York Tribune, April 11, 1933; New York Sun, April 11, 193323· The close .administration contact held by the P.B.A. was revealed in countless Instances. The following issues of The Chief d i r e c t l y indicated t h i s : March 31, 1928, p. 5 ; Sept. I 5 , 1928; Sept 14, I929,

318

FIREMEN'S AMD PATROLMEN'S UNIONS

p. 7; Sept. 21, 1929, p. 5; Sept. 10, 1952, p. 5; Sept. 24, 1932, p. 5; Jan. 14, 193?, P- 524. The Chief, Dec. 22, 1928; Whalen endorsed P.B.A.: The Chief, Sept. 21, I929. 25. Ibid., Sept. 21, I929, p. 5. O'Reilly, in the Issue of Sept. 24, I932, p. 5, eaid that P.B.A. was considered the channel for grievances at Headquarters. 26. Ibid., Jan. I7, 1931. 27· In I93I this collaboration was shown In the effort to secure a salary schedule through which the advance to the first grade rank would be made in three yeare, known as the Three-Year Police Bill. The Chief, May 2, 1931, P· 7; June 20, 1931, Ρ· 3; Oct. 3, 1931, Ρ-5; Sept. 17, 1932, p. 5; Nov. 14, 1931, p. 5. In the salary defense of 1932 P.B.A. worked through and with the Police Joint Committees and State Police Conference. P.B.A.'s role in S.P.C, received comment in the issue of Aug. 12, 1933» P· 3· 28. The Chief, June 18, 1932, p. 10, Oct. 8, 1932, P· 5; April 16, 1932, p. 5; New York World, Dec. 14, I926. 29. The Chief, May 7, 1932, p. 5; also the issues of June 23, 1928, and Aug, 1, 1931. 30. Guinness had opposition in the election of Deeember, I926. International Fire Fighters, X (Jan. 1927), 17. His death: International Fire Fighters, X (Api il 1927), 22-23- In 1933, at a memorial service for Guinness, it was stated: "Guinness typed the fighting spirit of the firemen. He led the firemen out of a wilderness of despair and barbaric working conditions." The Chief, June 3, 1933, P. 331. International Fire Fighter, X (April I927), 23. 32. Ibid., (Dec. 1927), 17· It will be noted that the 1928 salary effort was lost under Holterback. 33. The Chief, Oct. 20, I928, p. 3. 34. Ibid., Dec. I5, 1928, p. 7· At no time has a mention been found which connected this change in the presidency to the failure of the I928 salary.

REFERENCES - CHAPTER V

319

drive or to the fact that the I929 drive would be under new leadership. 35. International Fire Fighter, XIII (Jan. I930), 13. 36. The Chief, Aug. 26, 193337- Ibid. 38. Mr. Gorman's explanation, given in an interview. 39. The Chief, Jan. 10, 1931; International Fire Fighter, XIV (Jan. I93I), 940. International Fire Fighter, XIV (Jan. I931), 9; Ibid., (June 1931), 6. The Joint Council was officially terminated in 1932. The Chief, Aug. 26, 1933· However, the election of Kane ended O'Reilly's leadership in Ü.F.A. 41. New York Herald Tribune, May 7, 1945- Kane's activity in the International Association of Fire Fighters and in the State Federation of Labor received comment in The Chief, Aug. 5, I93O. 42. The Chief, Sept. 2, 1933, Ρ· 1. 43. International Association of Fire .Fighters, Proceedings, 1932, p. II6. 44. Ibid., 1928, p. 68. 45. Ibid., 1930, p. 42. 46. The Chief, July 8, 1933, p. 8. 47. Ibid., Dec. 26, 1931; July 8, 1933, Ρ- 8; International Fire Fighter, XIV (Aug. 1933), 1348. International Fire Fighter, XI (Sept. I928), 13. Holterback and Chapman on a n organizing drive in New York State for the International Association. Ibid. (Dec. I928}, 11. The Conference was called. International Fire Fighter, X (Aug. I927), 10. State Permanent Firemen's Association endorsed the use of all honorable means to co-operate w i t h the International Aasociation of Fire Fighters. 49. N.Y. Laws 1929, C. 701. The Chief, May 18, I929, p. 7, Hickey Day-ln-Seven Bill. 50. N.Y. Laws 1935, C. 901. 51. The Chief, April 7, I928, p. 5; May l8, 1929, p. 7· Whitcomb Liability Act. International Fire Fighter, XII (Jan. I929), 16; International

520

FIREMEN'S AMD PATROLMEN'S UNIONS

Association of Fire Fighters, Proceedings, 1954, p.

102.

52. International Association of Fire Fighters, Proceedings, 1926, pp, 113, 40. I.A.F.F. passed a resolution for a share In the proceeds from the picture, 5?. New York World, Oct. 1, 1926. 54. New York Times, Oct. 1, I926. 55. International Association of Fire Fighters, Proceedings, I926, pp. 44, 97. The year before, the association had the demand under discussion and had voted upon the Issue. The Chief, Sept. 26, I925, p. 7. 56. New York World, April 20, 1927; International Fire Fighter, X (June I927), 30. 57. New York Times, Sept. 24, 1927; New York American, Oct. 22, I927. 58. New York World, Oct. 29, I927. 59. The Chief, March J, I928, p. 5; March 10, 1928, pp. 1, 5. The Kennedy-Dennan Bill. 60. Ibid., March 10, I928, 1. 61. Ibid., March 3, I928, p. 5; March 17, I928, p. 5; March 24, I928, p. 5. 62. Ibid., March 24, I928, p. 5· Citizens IMlon, Report of the Committee on Legislation, Session of 1928, p. 19. 63. International Fire Fighter, XI (Apr11-May 1928), 18; The Chief, March 3I, I928, pp. 4, 5; May 12, I928, p. 5. Aldermanic President McKee referred to the defeat of the measure as "the shame of the recent Legislature." The Chief, April 7, I928. 64. The Chief, April 14, 1928, p. 5. 65. McGoldrick, "Storm Warning's In New York's Finances," National Municipal Review, XXI (1932),

172. 66. National Municipal Review, XVI (1927), 351. 67. The Chief, April 7, 1928, p. 5; Oct. 13, 1928, p. 4. 68. Ibid., April 21, I928, p. 7; O'Reilly recognized the Mayor's support of the referendum salary drive: Ibid., May 5, I928, p. 5-

REFERENCES - CHAPTER V

321

69. Ibid., March 31, I928, p. 5· 70. International Fire Fighter, XII (Feb. I929), 7.

71. Ibid., (Mar. I929), 3-4; The Chief, April I?, 1929, p. 7, photographs of the Governor's signing; April 27, 1929J May 18, 1929· 72. Citizens Union, Report of the Committee on Legislation, Session of I929, p. 21; The Chief, Sept. 28, 1929, Ρ73. Greater New York. The Merchants' Association of New York, XV-XVII (May 8, 1929), 12. 74. National Municipal Review, XV (1926), I92. 75· Ibid., XVI (1927), 63976. The Chief, Nov. 9, I929. The campaign: The Chief, Sept. 14, 1929, Ρ· 7; Sept. 28, 1929, p. 1 prepared arguments for the support of the referendum; Oct. 5, I929, p. 7; Oct. 12, I929, p. 5; Nov. 2, 1929. 77- Ibid., Oct. 5, I929, p. 1. 78. Ibid., Aug. 31, I929; Sept. -21, I929, p. 1. 79. Annual Report of the Board of Elections (New York City, I929), p. 113· For: 767, 771; against: 200, 784. The Chief, Jan..3, 1921; N.Y. Laws I929, C. 202. 80. International Association of Fire Fighters, Proceedings, I930, p. 97. 81. Ibid., 1934, pp. 24, 84. 82. Publications by U.F.A.: Some Interesting Facts about Your Firemen, Bulletin No. 1; Opinions. Editorial Comment in Support of Eight-Hour Day for Firemen of the City of New York. Publicity during I93I in The Chief, March 14, I93I, p. 11; April 11, 1931; June 27, 1931, Ρ· 7} June 30, 1931, P, l; July 11, 1931, p. 1; July Ì8, 1931, P- 7; Aug. 8, 1931, P. 5; Sept. 5, 1951, p. 2; Sept. I9, 1931, p. 8; Oct. 10, 1931, p. 5; Oct. 24, 1931, p. 5; Oct. 31, 1931, p. 5; Nov. 7, 1931, pp. 1, 15; Nov. 21, 1931, pp. 2, 5; Nov. 28/ 1931, p. 5j Dec. 12, I93I; Dec. 1 9 , I93I·

322

FIREMEN'S AND PATROLMEN'S UNIONS

International Fire Fighter, XIV (Jan. 1921), 9; (March 1931), 25-26; (May 1931), p. 15; (June 1931), p. 8; (July 1931), p. 5; (Sept 1931), pp. 18, 24, 28; (Nov. 1931), 3-4; (Dec. 1931) 9-10. 83. The Chief, July 18, 1931, p. 7; International Fire Fighter, XIV (July 1931), 584. International Fire Fighter, XIV (Nov. I931), 22. The measure was tabled In the Board of Aldermen by a vote of 28 to 27. 85. International Fire Fighter, XIV (Nov. I931), 3-4. 86. Publicity in The Chief, Jan. 2, 1932, p. 1; Jan. 16, 1932, p. 5; Jan. 23, 1932, p. 3; Feb. 6, I932, p. 10; March 26, 1932, p. 5; April 16, 1932, p. 5J April 30, 1932, p. 5; May 7, 1932, p. 3; May 14, 1932, p. 3; May 21, 1932, p. 4; May 28, 1932; June 4, 1932, p. 4; June 11, 1932, p. 4; International Fire Fighter, XV (Jan. I932), 22; Ibid., (Feb. 1932), 1. 87. The Chief, Jan. 23, 1932, p. 3; International Fire Fighter, XV (Feb. 1932), 1. 88. The Chief, March 26, 1932, p. 5. 89. International Association of Fire Fighters Proceedings, 1934, p. 24. It must be noted that O'Reilly did not withdraw from Ü.F.A. until after this drive. 90. ¿bld., 1936, p. 129; Ibid., I933, p. 97The Tammany-controlled Board of Aldermen passed an eight-hovuVmeasUre in December, 1933 to embarrass the LaGuardla Administration. New York Sun, Dec. 20, 1933, and New York Journal, Dec. 21, 1933· The Chief (Aug. 19, 1933, p. 4) supported the eight-hour day for firemen. 91. William C. Beyer, "Financial Dictators Replace Political Bosses," National Municipal Review, XXII (I933), 162. 92. National Municipal Review, XlX (193O), 480; Greater New York. The Merchants' Association, XVXVII, (Oct. 28, 1930), 1-3. 93. Greater New York. The Merchants' Association, XV-XVII (Oct. 28, 1930), 1-3.

REFERENCES

- CHAPTER V

323

94. The Citizens Budget Commission at Work. Highlights of Eight Years of Effort, 19^0; Belle Zeller, Pressure Groups in New York (New York: Prentice-Hall, Inc., 1937), PP· 56-57· Other economy groups appeared: Citizens Research Bureau, State Economy League, Municipal Economy Committee. 95. International Fire Fighter, XV (Jan. 1932), 8. 96. New York Times, June I3, 1932. 97- The Chief, Jan. 30, 1932, p. 598. Ibid., March I9, 1932, p. 5. Governor Roosevelt sent the Conference proposal to the legislature without comment (The Chief, Jan. 9, 1932, p. 5). and later took a stand against pay-cuts (ibid., Feb. 6, I932, p. .2). Employee activity against the measure: Ibid., Jan. 23, 1932, p. 5; Feb. 6, 1932, p. 5; Feb. 20, 1932, p. 5; March 5, 1932, p. 5; March 12, Í932, p. 599. Ibid., June 11, 1932, p. 5100. Ibid., July 23, 1932, p. 5- In I93I f.B.A. had pledged state-wide support in protecting working conditions. Ibid., Oct. 3I, 1931, Ρ- 5- P.B.A.'s collaboration with the State Police Conference and the line organizations in the city had taken the place of work through the Joint Council. 101. International Association of Fire Fighters, Proceedings, 193^, PP· 61-62. The uniformed men volunteered one percent of their salary to the Mayor's Committee on Unemployment Relief. The Chief, May 7, I932. In June. U.F.A. claimed that it had made contributions of $500,000 to the needy. Ibid., June 25, 1932, p. 7102. Ibid., July 30, 1932, p. 5103. Ibid., Jan. 16, 1932, p. 5. In January the New York Times (Jan. 16, 1932) stated, and the New York Journal of the same date denied that Moran had sent.a circular letter to P.B.A. membèrs, "Bluntly asserted that the men would have to take a cut that could be brought about either voluntarily or by legislative action."

324

FIREMEN'S AMD PATROLMEN'S UNIONS

104. The Chief, July 2, 1952, p. 5. As President of the State Police Conference, Moran launched a canvass of legislators on the matter of safeguarding the salary laws. The Chief, Aug. 20, 1932, p. 5. 105. Ibid., Nov. 12, 1932. 106. New York Times, Aug. 8, 1932; The Chief, Aug. 6, 1952, p. 1. 107. International Association of Pire Fighters, Proceedings, 1934, p. 62. 108. New York Times, Aug. 8, 1932. The rank-andfile Increases since 1922 and the percentage Increases of those earnings over $5,000 were given In In the Matter of the Investigation of the Departments of the Government of the City of Ney York. Final Report, December 27, 1932. Samuel Seabury, Counsel. Exhibit No. 2. The increases for the rank and file ranged from 13.058 percent to 34.804 percent and those for the higher salaried employees from 66.667 percent to 233.333 percent. The Walker Plan was declared dead in The Chief, Aug. 27, 1932, p. 1. 109. International Association of Fire Fighters, Proceedings, 1932, p. 5I. 110. New York Times, Aug. 8, 1932. 111. International Association of Fire Fighters, Proceedings, 1934, p. 62. 112. Beyer, "Financial Dictators Replace Political Bosses," p. I62. 113. New York World-Telegram, Sept. 23, 1932; The Chief, Oct. 1, 1932, p. 5· 114. New York World Telegram, Sept. 23, 1932; New York American, Oct. 10, I932 and Oct. 14, I932. 115. New York World-Telegram, Sept. 23, 1932; The Chief, Oct. 1, 1932, p. 1. Since I865 the firem e n had received full pay on sick leave. In 1933 this had been cut to half pay. New York Times, May 4, 1933; The Chief, June 3, 1933, p. 5116. John Dewey, New York and the Seabury Investigation (New York: City Affairs Committee, I933), P. 39. 117. The Chief, Dec. 24, 1932, p. 2.

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325

1 1 8 . Ibid., May 12, 1933, Ρ· 2, and Aug. 5 , I933, p. 2. 1 1 9 . N.Y. Laws I932, C. 637. Five and Police were included, §4. 120. N.Y. Laws 1932, C. 6 3 6 . 121. National Municipal Review, XXV (1936), 192, 122. Chambers' attack upon the bankers and the economy program ran in The Chief, Jan. 21, 1933; Jan. 28, I933, P· 2; Feb. 4, 1933, p. 2; Feb. 11, 1933, P· 2; March 4, 1933, P· 8, listed the offices from which Mitchell resigned; March 18, 1933, P· 8; March 25, 1933, P· 5, the Mitchell arrest; April 12, 1933; April 22, 1933, p. 8; April 2 9 , 1933, P- 1; O'Reilly's comment was more moderate and restrained: The Chief, April 1,. 1933, P· 6; Dec. 10, 1932, p. 5; Dec. 17, I932, p. 51 2 3 . The Chief,.March 18, 1933, Ρ· 8. 124. Ibid., July 22, 1933, P· 9· Extraordinary Session, July 26, 1933 - Aug. 24, 1933· 1 2 5 . Ibid., July 29, 1933, PP. 1, 6. 126. Jbid., Oct. 7 , 1 9 3 3 , p. 1. Organized Sept. 27, 1933· Abraham Lefkowitz, chairman; James F. Chambers, secretary; Frederick E. Libby represented the Civil Service Forum. P.B.A. was operating in the State Police Conference. O'Reilly's death occurred in August. The Chief, Aug. 26, 1933. 1 2 7 . Ibid·, Oct. 7, 1 9 3 3 , p. 1; Nov. 4, 1933, p. 2. They also supported Frank J. Prial's candidacy for the office of Comptroller in the Democratic primaries in which he defeated the machine Candidate. In the election, Priai ran ahead of the party ticket. Chapter V I 1. Civil Service Leader, Feb. 4, 1 9 3 8 , p. 1. The incoming patrolmen and firemen on many oocasions expressed their gratitude to Priai and M. J. Delehanty: The Chief, Sept. 11, 1936, p. 2; March 12, 1937, P12j Dec. 10, 1 9 3 7 , p. 3. Michael J. Delehanty was

326

FIREMEN'S AND PATROLMEN'S UNIONS

prominent In a strong association, The First Avenue Boys, Ine. 2. Paul J. Kern, "The Merit System in New York City," National Municipal Review, XXVIII (I939), I5. 3. The official publication of S.C.M.W.A., C.I.O., was for a time the Civil Service Standard. Kern's and Sayre's friendly attitude toward the union appeared in many Issues. The following are given as examples: Oct. 16, 1937, p. 7; March 4, I938, pp. 1, March 11, 1938; Oct. 28, 1938, p. 2; Nov. 1938, p. 3Civil Service Standard,• July 8, 1939, P· 4; July 29, 1938, p. 1; Nov. 4, I938, p. 3; May I9, 1939, Ρ- 3; June 30, 1939, PP· 1, 4; Oct. 6, 1939, p. 1; Oct. 13, 1939, Ρ· 1. The struggle ended with Kern's dismissal February, 1942. Kern, "Judicial Review of the Municipal Civil Service Commission," New York University Law Quarterly, XVIII (ΐ94θ), 46. 5. LaGuardla supported employee organizations. Early evidence of this is given In The Chief, Feb. 1, 1920, p. 5. Both Fire and Police Commissioners, themselves members, supported the associations. The Chief, Oct. 27, I934, p. 3; Jan. 3, 1941, p. 8. The Police Commissioner did not oppose unionization of the civilian employees of the Department. Civil Service Standard, Oct. 23, 1937., Ρ- 1; The Chief, Jan. 3, 1941, p. 8. The rise of the American Labor Party and its support of LaGuardia in 1937 is summarized In Nation;· al Municipal Review, XXVII (1938), 39. In I943 the following organizations served the municipal employees: Association of Civil Service Employees of New York City; State, County, and Municipal Workers of America, C.I.O.; American Federation of State, County, and Municipal Employees, A.F.L.; Civil Service Forum; Federation of Municipal Employees; Civil Service League. Civil Service Leader, April 6, 1943, P. 36. Letter to John tH. Delany, Chairman of the Board of Transportation. April 7, 1941. Transport Workers Bulletin, May 1, 1936, states Delany's

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attitude toward the union. National Institute of Municipal Law Officers, Power of Munielpalities to Enter into Labor Union Contracts. A Survey of Law and Experience. Report No. J6. August, 1941, p. 25. Charles S. Rhyme, Labor Unions and Munielpal Employee Law (Washington: National Institute of Municipal Law Officers, 1946), p. 383. 7. Civil Service Standard, Feb. 18, 1939, Ρ· 1; March 18, I938, p. 1; April 1, 1938, p. 1, 3. 8. Ibid., May 6, 1938, p. 1; May I3, 1938, pp. 1, 59. N.Y. Laws I93I, C. 443; Labor Law, Art, 20, sec. 715· White vs. Boland, 254 App. Div. 356 (1938). For the discussion of the amendment; N.Y. State Constitutional Convention, Revised Record, (1938), pp. I2I6-I250, 1490-1493. Public workers were considered and excluded. The general rule of construction, that a constitution is deemed to be enacted with reference to existing laws and customs, was applied in a case which related to sec. 715; Trustees of Columbia University vs. Herzog 295 N.Y. 605 (1945). 10. Matter of Sweeley 146 N.Y. 401, 42 N.E. 543 (1895). 11. Civil Service Leader, June 9, 1942, pp. 3, 8. The Mayor launched his attack upon S.C.M.W.A. in 1941: Civil Service Standard, July 21 and 28, Aug. 11 and

18.

12. Civil Service Leader, Nov. 5, 1942, p. 13. Ibid., Nov. 17, 1942, p. 4. In Chapter I, a like measure, which passed the City Council in Hartford, Connecticut, received mention. News Bulletin of Public Administration Clearing House, Release No 4, January 4, 1945. 14. Proceedings of Annual Meeting of the Conference of Mayors and Other Munielpal Officers of the State of New York, 1943, p. 15; ibid., 1944, p. I3. 15. Civil Service Leader, May 29, 1945, p. 4. The measure was introduced January 16, 1945. 16. Andrew C. Doyle, "Employee Relationships Affecting Cities and Villages," Proceedings of the Annual Meeting of the Conference of Mayors and Other

328

FIREMEN'S AND PATROLMEN'S UNIONS

Municipal Offlclals of the State of New York, 1943, pp. 19-21. This article assumes i€ does cover. 17. Civil Service Leader, June 16, 1942, p. 3. 18. Robert H. Connery, "New York Cleans House," National Municipal Review, XXIII (1934), 101. 19. Citizens Union, Report of the Committee on Legislation, Session of 1934, p. 12. 20. The Chief, Feb. 17, 1934, p. 8. The employee activity was reported In ibid., Jan. 6, 1934, p. 1; Jan. 20, 1934, p. 1; Jan. 27, 1934, p. 3; Feb. 10, 1934; Feb. 24, 1934, p. 8. LaGuardla played the men against the officers. Ibid., Feb. I7, 1934, p. 8: "it was proposed that the lower grade men below the rank of first grade firemen and patrolman be placed in the furlough classification, Instead of being subject to an outright salary cut, and that In return for this 'concession' the firemen should go along on the bill and desert the officers of both departments." 21. Ibid., March 3, 1934, p.* 1, 5. 22. Ibid., March 3, 1934, pp. 1, 5; April 10, 1934. 23. Ibid., Jan 27, 1934, p. 2; April 21, 1934, p. 2. 24. Ibid., Feb. 24, 1934, p. 8. 25. Ibid., March 10, 1934; March 31, 1934, p. 1; April 7, 1934, p. 1; April 14, 1934, p. 1. 26. Chapter 178 of the Laws of 1934. 27. The Citizens Budget Commission at Work: Highlights of Eight Years of Effort, 1940, p. 5. 28. The Chief, Sept. 8, 1934, p. 7. 29. Citizens Union, The Report of the Committee on Legislation, Session of 1935, p. 35; The Chief, April 20, 1935, P- 3; May 18, 1935; May 25, 1935, p. 10; Jan. 3, I936; April 17, I936, p. 6; Chapter 906 of the Laws of 1935, Pensions, §34, p. 6; Wages, S31» p. 10. The men gained extra safeguards for salary and pension changes. The salary Is protected in Section 12 of Art. IX of the New York State Constitution; in the Home Rule Law, Chapter 363 of the Laws of 1924, Salary, Art. II Sec. 10, p. 10; pensions §17, p. 6; and in the New York City Charter, I938,

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§40(9). The Chief, March I5, 1935, p. 10. A resolution for restoration of salaries was placed before the Board of Estimate by President of the Bronx, James J. Lyons, and President of Queens, George U. Harvey. 30. Concurrent resolution: Senate, April 12, 1935; Assembly, April I3, 1935. New York Legislative Record and Index, 1935, PP· 559, 594. 31. Matter of Moran vs_. LaGuardia, 270 N.Y. 450 (j.936). The case was followed in the issues for The Chief, July 6, 1935, P- 2; July 20, 1935, P· 8; July 27, 1935; March 6, I936, p. 11; April 17, 1936, p. 6;

Jan. 3, I936, p. 2. 32. Ibid., April I7, 1936, p. 6; Jan. 1, 1937, p. 6. The 1936 Salary Restoration Bill, Feld-Devany, was supported by a thousand resolutions from business, civic, and fraternal organizations. 33. The Chief stated that this action was taken at the suggestion of the Governor. Feb. 5, 1937, P· τ ; announced Jan. 1, 1937, P· 6. 34. N.Y. Laws 1937, C. 12. 35. N.Y. Laws I937, C. 13. 36. National Municipal Review, XXV (1936), 192; The Citizens Budget Commission at Work. Highlights of Eight Years of Effort, 1940, p. 537. Patrolmen: Administrative Code, Chapter 18, Title A, §434a-10.0; firemen: Administrative Code, Chapter 18, Title A, §487a-8.0; new Charter, §67. 38. The Chief, April 24, 1936, p. 4. The 1936I939 interim attempts to lower salary; The Chief, Feb. 18, 1938, p. 6. 39· The second retrenchment drive was launched in I939. The attack of the Citizens Budget Commission and the New York State Economic Council was carried in the Civil Service Standard, March 31, 1939, p. 2; April 21, 1939, P-.2; April 28, 1939, P- 2. A constitutional protection of wages, hours, pensions, and court review of dismissals was secured in 1938: Art. 9, Sec. 12. 40. Schneider vs. City of New York, 298 N.Y. 785 (1943); Robert P. Adrian et al. vs_. City of New

3?0

FIREMEN'S AND PATROLMEN'S UNIONS

Y o r k , 2 9 I N.Y. 609 ( 1 9 4 3 ) ; C i v i l S e r v i c e L e a d e r , March l 6 , 1 9 4 3 , P· 4; J u n e 9 , 1 9 4 2 , p p . 3 , 8 . The C h i e f J a n u a r y 1 5 , 1 9 4 3 , P· 1 . 4 1 . A l l e n vs_. C i t y of New Y o r k , 292 N.Y. 567 (1944). The f i r e m e n ' s c a s e was d e l a y e d b e c a u s e t h e men had f a i l e d t o s i g n t h e p a y r o l l s u n d e r p r o t e s t . C i v i l S e r v i c e L e a d e r , D e c . 3 , 1940, p . 7. See 93c 210 of New York C i t y A d m i n i s t r a t i v e Code. 42. The C h i e f , A p r i l 1 0 , 1 9 4 2 , p . 7 ; C i v i l S e r v i c e L e a d e r , A p r i l 14, 1942, p. 6; A p r i l 21, 1942, p . 5 ; Aug. 6 , 1 9 4 0 , p . 743. C i v i l S e r v i c e L e a d e r , Aug. 4, 1 9 4 2 , p . 5. 44. I b i d . , J u n e 9 , 1942, p . 8 ; June 30, 1 9 4 2 , p. 17; J u l y 21, 1942, p. I 3 . 4 5 . L o c a l Laws of 1 9 4 2 , L o c a l Law No. 40, Aug. 1 1 , 1 9 4 2 ; C i v i l S e r v i c e L e a d e r , Aug. 1 1 , 1 9 4 2 , p . 3 . Upheld I n A l l m e n d i n g e r vs_. C i t y of New York 2 9 5 N.Y. 644 ( 1 9 4 4 ) . T h i s wage had n e v e r b e e n s u b j e c t t o r e f erendum and t h e r e f o r e was not protected under A r t . 9, S12 New York S t a t e C o n s t i t u t i o n . 4 6 . C i v i l S e r v i c e L e a d e r , J a n . 1 1 , 1 9 4 4 , p . 9; J a n . 2 5 , 1 9 4 4 , p . 1 3 ; March 1 4 , 1 9 ^ , P- 3 · 4 7 . The C h i e f , F e b . 9 , 1 9 4 5 , P· 1 · 48. I b i d . , Nov. 2 , 1945, p . 1 ; C i v i l S e r v i c e L e a d e r , Nov. 6 , 1 9 4 5 , p . 1 . A l t h o u g h t h e f i r e m e n had r e m a i n e d on t h e $ 2 , 0 0 0 s a l a r y , t h e a d v a n t a g e o u s p r i v a t e employment c o n d i t i o n s had made r e c r u i t i n g a problem. 4 9 . The C h i e f , Aug. 8 , 1 9 4 1 , p . 1 ; Aug. 2 2 , 1941 P. 75 0 . P u b l i c Management, X X I I I ( l 9 4 l ) , 32351. Monthly Labor Review, L I I (1941), 8 1 7 . 5 2 . The C h i e f , Aug. 8 , 1 9 4 1 , p . 1 ; Aug. 2 2 , 1 9 ^ 1 , Ρ- 753- C i v i l S e r v i c e L e a d e r , F e b . 2 4 , 1942, p . 7 ; March 3 , 1 9 4 2 , p . 1 0 ; March 1 0 , 1942, p . 5 ; The C h i e f March 2 0 , 1942, p . 2 . 54. C i v i l S e r v i c e Leader, Feb. 2, 1943, p . 9; F e b . 9 , 1 9 4 3 , p . 9 ; F e b . 2 3 , 1943, p . 5 ; The C h i e f , J a n . 1 5 , I 9 4 3 , p . 2 ; J a n . 8, 1 9 4 3 , P- 5 · The e f f o r t was I n t e r r u p t e d by t h e Temporary F i r e m e n and P o l i c e

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331

Bill. Proceedings of Annual Meeting o f the Conference of Mayors and Other Municipal O f f l c l a l s of the S t a t e o f New York, 1 9 4 3 , P· 155 5 . C i v i l S e r v i c e Leader, March 3 0 , 1943, p. 9. 5 6 . I b i d . , J a n . 2 6 , 1943, p. 9- Harry W. Marsh and Louis E. Yavner, "Credit Advice f o r C i t y Emp l o y a s , 1 ' ' Public Personnel Review, V ( 1 9 4 4 ) , 1 0 . S t a t e d t h a t r e a l income of men was "about $2400 a year and not $ 3 0 0 0 . " 5 7 . The C h i e f , J a n . 2 2 , 1943, p. 1 ; A p r i l 9 , 1943, pp. 1 ; C i v i l S e r v i c e Leader, A p r i l I 3 , 1943, p. 3 ; Oct. 1 2 , I 9 4 3 , p. 3 . The bonus f o r the other employees went i n t o e f f e c t J u l y 1 . The amount varied from $120 to $180. 5 8 . The C h i e f , A p r i l 2, 1943, p. 1 ; A p r i l 9, 1943, pp. 1 , 3 ; C i v i l S e r v i c e Leader, A p r i l 20, 1943, p. 3 ; A p r i l 2 7 , 1943, P. 35 9 . The C h i e f , A p r i l 9, 1943, p. 1 . I t was r e c ognized t h a t the A d m i n i s t r a t i v e Code could not be amended in t h i s manner. C i t y Home Rule Law, §19-a, Chapter 867 of the Laws of 1939. 60. C i v i l S e r v i c e Leader, May 2 5 , 1943; June 1 , 1 9 4 3 , p. 1 6 . 61. I b i d . , J u l y I 3 , 1943, p. 9; The C h i e f , J u l y 16, 1943, p. 562. The C h i e f , J u l y 3 0 , 1943, p. 1. £ 3 . I b i a . , J u l y 1 6 , 1 9 4 3 , p. 36 4 . C i v i l S e r v i c e Leader, Oct. 1 2 , 1943, p. 5 . 65. Wie C j i i e f , S e p t . 24, 1943, p. 1 . 6 6 . N a t i o n a l Municipal Review, XXXII ( 1 9 4 3 ) , 548. 67. In the Matter of Henry K. Astwood vs_. Howard Cohen et^ a l . , and Patrolmen's Benevolent A s s o c i a t i o n of the C i t y of New York ejt a a . , I n t e r v e n e r s , 2 9 I N.Y. 484 ( 1 9 4 3 ) . 6 8 . I b i d . , p. 491. 69. The C h i e f , Oct. 29, 1943, p. 1. 70. C i v i l S e r v i c e Leader, Nov. 2 , 1943, p. 9 ; The C h i e f , Nov. 1 2 , 1943, p. 2 . 71. C i v i l S e r v i c e Leader, Oct. 2 6 , 1943, p. 1.

552

FIREMEN * S AND PATROLMEN'S UNIONS

7 2 . The C h i e f , J a n . 5 , 1956, p. 6 , s t a t e d that s i n c e November, 1953 no appointment had been made in the P o l i c e Department. Throughout the period 195419^5, both s p e c i a l newspapers had c o n s t a n t l y c a l l e d a t t e n t i o n t o the depleted f o r c e s . The a s s o c i a t i o n s had pressed f o r appointments and promotions. The e l i g i b l e s 1 a s s o c i a t i o n s were organized f o r the purpose of a g i t a t i n g f o r appointments. 75. C i v i l S e r v i c e Leader, Dec. 2 5 , 1941, p. 4. In A p r i l , 1942 l e g i s l a t i o n provided f o r both volunt e e r firemen and policemen. Chapter 445 of the Laws of 1942 and Chapter 5 7 5 of the Laws of 1942. 7 4 . The C h i e f , March 1 5 , 1 9 4 2 , p. 5 ; S e p t . 4, I 9 4 2 , p. 7 ; C i v i l S e r v i c e Leader, March I 7 , 1942, p. 4. 7 5 . N.Y. Laws 1 9 5 5 , C. 9 0 1 , known as the WioksCannery Law. 7 6 . The C h i e f , A p r i l 1 4 ; 1959, P· 5 ; C i v i l Serv i c e 'Leader, Oct. 5 , 1 9 5 9 , P· 4. 7 7 . The C h i e f , March 24, 1 9 5 9 , P· 1 2 ; March 51, 1 9 5 9 , P. 6. 7 8 . C i v i l S e r v i c e Leader, S e p t . 2 6 , 1959, p. 4; The C h i e f , S e p t . I 5 , 1 9 5 9 , P- 6. 7 9 . C i v i l S e r v i c e Leader, Oct. 5 , 1959, p. 4. 80. The f i r s t evidence of planning f o r a c t i o n appeared in The C h i e f , May 2 4 , 1 9 4 0 , p. 8 , and the C i v i l S e r v i c e Leader, May 2 1 , 1 9 4 0 , and May 24, 1940, p. 8 . 8 1 . The C h i e f , Oct. 2 4 , 1 9 4 1 , pp. 1 , 9 ; Oct. 10, 1 9 4 1 , p. 7 ; Dec. 1 2 , 1 9 4 1 , p. 4. With the war, the Mayor proposed and. then withdrew a seven-day week and v a c a t i o n s suspended. The C h i e f , J a n . 5 , 1 9 4 2 ; Jan. 1 6 , 1 9 4 2 , p. 7 ; Feb. 2 7 , 1 9 4 2 , p. 58 2 . C i v i l S e r v i c e Leader, J a n . 6 , 1 9 4 2 , pp. 5 , 4.. 85. Ibid. 8 4 . The C h i e f , Dec. 2 5 , 1942, p. 5 . 8 5 . C i v i l S e r v i c e Leader, Feb. 2 , 1 9 4 5 , p. 9. 8 6 . Ώιβ C h i e f , Feb. 1 2 , 1945, P- 4; March 5 , 1 9 4 5 , p. 1 ; C i v i l S e r v i c e Leader, Feb. 1 6 , · 1945, p. 5 ; March 9 , 1 9 4 5 , p. 5 ; March 1 7 , 1945, P- 4.

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333

87. The C h i e f , Aug. 6 , 19*3, Ρ· 1 ; Aug. l j , 1943, p . 1 ; Dec. 1 7 , 19*3, p . 2 . 88. C i v i l S e r v i c e L e a d e r , Feb. 9, 1943, p . 1; F e b . 23, 19*3, P. 5 ; March 2 , 19*3, p . 9 ; March 30, 1 9 * 3 , P· 9 ; The C h i e f , J a n . 29, 19*3, P- 3 , s t a t e d t h e b i l l was s p o n s o r e d by t h e New York S t a t e C o n f e r e n c e of Mayors. 89. N.Y. Laws 19*3, C. 47. The C i v i l S e r v i c e L e a d e r , A p r i l 18, 19*3, P- 5 · 90. C i v i l S e r v i c e L e a d e r , A p r i l l 8 , 1944, p. 1. 91. The C h i e f , S e p t . 8, 1944, p . 1 . 92. I b i d . , June 22, 1945, p . 5. 93. I b i d . , Nov. 19, 1943, p . 1; C i v i l S e r v i c e L e a d e r , Dec. 21, 1943, p . 1 . The p o l i c e a t t h e time were an a n i n e - s q u a d c y c l e or about 57 h o u r s a week. 94. New York H e r a l d - T r i b u n e , Dec. 21, 1943; The C h i e f , Dec. 17, 19*3, PP· 1, 2 ; Dec. 24, 1943, p . 3 ; Nov. 19, 19*3, P. 1. 95. New York H e r a l d - T r i b u n e , Dec. 23, 1943; C i v i l S e r v i c e L e a d e r , Dec. 28, 1943, p . 9. 96. C i v i l S e r v i c e L e a d e r , Dec. 28, 1943. 97. New York H e r a l d - T r i b u n e , Dec. 23, 19*3. 98. C i v i l S e r v i c e L e a d e r , Dec. 21, 1943, p . 1. 99. The C h i e f , J a n . 7 , 1944, p . 1. 100. New York H e r a l d - T r i b u n e , J a n . 14, 1944; The C h i e f , J a n . 14, 1944, p . 1; C i v i l S e r v i c e L e a d e r , J a n . 18, 1944, p . 10. 101. C i v i l S e r v i c e L e a d e r , J a n . l 8 , 1944, p . 10. 102. The C h i e f , J a n . 21, 1944, p . 1. 103. New York H e r a l d - T r i b u n e , J a n . 14, 1944; The C h i e f , J a n . 21, 1944, p . 1 . 104. C i v i l S e r v i c e L e a d e r , J a n . 25, 1944, p . I } . 105. The C h i e f , A p r i l 7, 19**, P- 8. 106. The C h i e f , Dec. 31, 19*3, p. 1 ; J a n . 7, 19**, p . 1 ; C i v i l S e r v i c e L e a d e r , J a n . *, 19*4, p . 5 . S p e c i a l Order No. 258, December 20, 1943, f o r a d d i t i o n a l time on t h e b a s i s t h a t an emergency e x i s t e d by r e a s o n of a manpower s h o r t a g e . 107. New York H e r a l d - T r i b u n e , J a n . 11, 1944; Feb. 5, 1944;· The C h i e f , J a n . 7 , 19**, PP- 1 , 5; C i v i l S e r v i c e L e a d e r , J a n . .11, 19**, p . 3 .

334

FIREMEN'S AND PATROLMEN'S UNIONS

108. Civil Service Leader, Jan. 18, 1944, p. 5. Patrick Walsh had been a favored Individual. He was a close friend of Alfred E. Smith; they had been neighbors in the old Fourth Ward. Sheriff Thomas Foley had been a lifelong friend and neighbor of Walsh. (The Chief, Oct. 6, 1944, p. 5.) In the budget of I92I his salary as Deputy Chief was $7,300 when the post carried a regular salary of $5,800. In 1931, when the maximum was $6,300, Walsh's salary was $7,800. 109. The Chief, Feb. 25, 1944, p. 5. 110. Ibid., Feb. l8, 1944, p. 3. 111. New York Herald-Tribune, Feb. 5, 1944; Civil Service Leader, March 7, 1944, p. 4. 112. Kane vs. Walsh, I8I Misc. 594 (1944). An emergency existed. New York Herald-Trlbune, March 25, 1944; Civil Service Leader, March 28, 1944, p. 3; The Chief, March I7, 1944, p. 1; March 31, 1944, p. 1. 113. New York Herald-Tribune, March 30, 1944. 114. Kane vs. Walsh, 268 App. Div. 763 (1944); ibid., 268 App. Div. 769 (1944); New York HeraldTribune, June 27, 1944. 115. Kane vs_. Walsh, 293 Ν.Y. 923 (1944). 116. New York Times, Jan. 27, 1944; Civil Service Leader, Feb. 1, 1944, Ρ· 8; Internationa1 Fire Fighter, Feb. 1944, p. 10. 117. New York Herald-Tribune, March 10, 1944; Civil Service Leader, March 14, 1944, p. 4. 118. Civil Service Leader, April 4, 1944, p. 1; April 11, 1944, p. 3; May 30, 1944, p. 3· Kane stated that the Mayor was using economic necessity as a lever and that the waivers were yellow dog contracts. International Fire Fighter, XXVII (May, I944), p. 2. The text of the waiver is given, lbia., pp. 2-3. 119. New York Herald-Tribune, June 30, 1944. 120. The Chief, June 16, 1944, p. 5121. Ibid., April 7, 1944, p. 8; Civil Service Leader, April 4, 1944, p. 5· 122. Civil Service Leader, May 30, 1944, p. 5· 123. Ibid.j The Chief, May 26, 1944, p. 1.

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335

124. International Fire Fighter, XXVII (Aug. I 9 W ) , Ρ- 2. 125. Civil Service Leader, June 6, 1944, p. 1. 126. New York Herald-Tribune, June 1, 1944. 127. The Chief, June 2, 1944, p. 1; Civil Service Leader, June 6, 19^» P· 1· The order is under Rules and Regulations, 1937» Chap. XVI, $ 25O, p. 84, and S 252, p. 85. 128. The Chief, June 9, 1944, p. 1. 129. Civil Service Leader, June 6, 1944, p. 1. Order of May 29, 1944. Commissioner Walsh 3ald of Crane, "not only did he violate the rules, but he aleo made false statements." (New York Herald-Tribune, June 1, 1944.) An editorial In the New York World,Telegram, June 16, 19^» supported the firemen and stated: "The Mayor Is a born friction-producer." 130. American Civil Liberties Union, Press Release, Bulletin #1132, June 27, 1944; Civil Service Leader, July 25, 1944, p. 3131. Civil Service Leader, June 6, 1944, p. 3. 132. New York Times, June 11, 1944; New York Herald-Tribune, June 11, 1944; the Mayor struck back at the Council with a tongue-lashing. 133. The Chief, June 16, 1944, p. 3; June 30, 1944, p. 8; July 28, 1944, p. 8; Civil Service Leader, June 20, 1944, p. 5; June 27, 1 9 ^ , P- 5; July 2 5 , 1944, p. 3. 134. Civil Service Leader, June 27, 1944, p. 5; New York World-Telegram, June 26, 1944. 135. The Chief, June 30, 1944, p. 1; International Fire Fighter, XXVII (August, 1944)¿ p. 2. The representatives of labor who joined in the conference with the Mayor: Thomas A. Murray, President of New York State Federation of Labor; Thomas A. Murtha, President of Central Trades and Labor Council, N.Y.C. ; James C. Qulnn, Secretary-Treasurer, Central Trades and Labor Council, N.Y.C.; Edward J. Leonard, VicePresident, New York State Fire Fighters Association; Fred W. Baer, President of International Association of Fire Fighters.

336

FIREMEN'S AND PATROLMEN'S ONIONS

1 3 6 . I n t e r n a t i o n a l F i r e F i g h t e r , XXVII (August, 1 9 4 4 ) , p. 2 . 1 3 7 . Lost In Crane v£. C i t y o f New York, I 8 5 Misc. 456 ( 1 9 ^ 5 ) ; The C h i e f , J a n . 5 , 1945, p. l j C i v i l S e r v i c e Leader, J a n . 9 , 1 9 4 5 , p. 3 . 1 3 8 . New York Herald-Tribune, June 3 0 , 1 9 4 4 ; J u l y 1 , 1 9 4 4 ; P J 1 . , J u l y 2 3 , 1944, p. 1 3 . Contested by C i t i z e n s Budget Commission: Wilmerding v s . LaGuardla, 268 App. Dlv. 496 ( 1 9 4 5 ) . 139. New York Heraid-Tribune, J u l y 1 , 1 9 4 4 ; the C i t i z e n s Budget Commission brought s u i t a g a i n s t the c i t y f o r the t r a n s f e r o f t h e s e funds and won the case. See note I 3 8 . 1 4 0 . C i v i l S e r v i c e Leader, Feb. 2 2 , 1 9 4 4 , p. 3 ; March 1 4 , 1944, p. 5 ; Feb. 6 , 1 9 4 5 , P- 6. The C h i e f , Feb. 2 , 1 9 ^ 5 , P- I 141. The C h i e f , Feb. 9 , 1945, p. 1 ; March 3 0 , 1 9 ^ 5 , P· 1 ; March 2 3 , 1945, p. 1 ; C i v i l S e r v i c e Leader, March 1 3 , 1 9 4 5 , p. 6 . 1 4 2 . Proceedings o f the Annual Meeting o f the Conference of Mayors and Other Municipal O f f i c i a l s o f the S t a t e of New York, 1 9 4 5 , p. 1 6 . 143. The C h i e f , S e p t . 1 4 , 1 9 4 5 , pp. 1 , 6 ; S e p t . 2 8 , 1 9 4 5 , p. 1 ; Oct. 1 2 , 1 9 4 5 , p. 1 ; Oct. 1 9 , 19^5, p. 1 . Chapter V I I 1 . Report o f the Pension Committee o f the C i t i zens Union o f t h e C i t y of New York, January, I 9 I I . 2 . N.Y. Laws I 8 9 3 , C. 529, § 3 0 5 , par. 1 0 ; SS351-57 o f the New York C i t y C h a r t e r . 3 . N.Y. Laws I 8 9 4 , C. 73- The S t a t e of New York i s o b l i g a t e d to d i r e c t the payment of f i r e m e n ' s p e n s i o n s . An e a r l y d i s c u s s i o n o f t h e New York F i r e Department R e l i e f Fund i s found in C h a r i t i e s and the Commons, XX ( S e p t . 5 , I 9 0 8 ) , 6394. P o l i c e : New York C i t y C h a r t e r , N. Y. Laws I 9 0 I , C. 466, Chapter V I I I , SS 3 5 1 - 3 5 7 ; F i r e : Ibid., Chapter"XV, § §789-792.

REFERENCES - CHAPTER VII

337

5. The Medical Boards of both the departments have been the center of graft. Raymond B. Fosdlck, when Commissioner of Accounts in I9I2, exposed a racket in the Board of Police Surgeons. An earlier expose is to be found in National Municipal League, Proceedings of the 9th Annual Meeting, I903, p. 69. 6. In 1908, Mayor McClellan appointed a committee to study the Fire Department Relief Fund. The Merchants' Association aided the investigation. The report of the Committee's work was given in Charities and the Commons, XX (I908), 639· Report of the Pens ion Committee of the Citizens Union of the City of Hew York, January, I9II; Bureau of Municipal Research, A Report on the Police Pens ion Fund of the City of New York 7Î913) (submitted to the Aldermanic Committee on Police Investigation); The Carnegie Foundation for the Advancement' of Teaching, Eighth Annual Report, 1913; The Carnegie Foundation for the Advancement of Teaching, Ninth Annual Report, 1914; Bureau of Municipal Research, Monthly Progress Report, November, 1914; Bureau of Municipal Research, Report on Pens ion Fund, 1913» Ρ· 103; Commission on Pensions, Report on the Pens Ion Funds of the City of New York, July 24, I9I6 (history of fire and police funds is given); Commission on Pensions, Report on the Pens ion Funds of the City of New York, I918; Charles W. Berry (Comptroller), Report to the Board of Estimate and Apportionment, November 14, 1927; New York State Pension Committee, Actuarial Investigation of the Police Pension Fund, December 3I, 1933» Citizens Budget Committee, The Story of Pens Ions in New York City, January, 1934; United States Works Progress Administration, City Employees' Pensions as a Factor in the Increasing Cost of New York City Government, Project 65-97-428 (no date); Citizens Budget Commission, Number One Municipal Problem; The Unsound Pens ion Funds, December 20, 1939; Robert L. Merritt, A Study of the Pens ion and Retirement Systems of New York City, Studies in Municipal Problems, No. 1 (Department of Investigation, City of New York,

358

FIREMEN'S AND PATROLMEN'S UNIONS

June, 1939); Report of the Mayor's Pension Committee Re the New York Fire Department Relief Fund, May 2 3 , I938. 7 . Rosenberg v£. Board of Estimate of the City of New York, 20 N.Y.S. (2d) 124, I70 Misc. 8 O O (I938). 8. The Chief, July 29, I 9 I 6 , p. 4. 9 . Ibid., Dec. 2, 1933, p. 8. 10. Ibid., March 30, 1935, P· 8. O'Reilly presented the argument In The Chief, Sept. 29, 1928, p. 711. New York Employees' Retirement System, N.Y. Laws I 9 2 O , C. 427. In I9I7, the legislation was known as the Nicoli Bill and In I 9 2 O as the Boylan Bill. For the exemption In the law, see CXXVI,

S 1 7 0 0 , p. 3.

12. N.Y. Laws I 9 1 9 , C. 5 1 8 . The Chief, Oct. 21, p. 6; Dec. 2, I 9 I 6 , p. 10; March 14, 1917; March 31, 1917; Nov. 16, I918, p. 1; Nov. 23, I 9 I 8 , p. 4; March 1, 1919, P· 1; March 22, I919, P- lj March 29, 1919, P· 1; April 12, I919, P- 1; April I 9 , 1 9 1 9 , p. 1; May 10, I919, P- 11 3 . The Chief, Mar. 22, I 9 1 9 , p. 1. 14. N.Y. Laws 1923, C. 319 for the police; C. 1 8 5 for the firemen. Local Laws I 9 2 9 , No..16 granted a pension of not less than $600 or more than half salary. 1 5 . Local Laws, 1935, No. 20; The Chief, Oct. 2 5 , 1935, P· 5· The award was made retroactive to Dec. 1, I 9 3 4 . It was amended In Local Laws, I936, No. 48 which limited the grant to the widow, dependent children and parents. The same provision had been covered in N.Y. Laws I 9 2 O , C. 8OO. Evidently the Board of Estimate had not acted to do so. 16. Local Law, I 9 3 6 , No. 9. The demand had appeared as early as 1914 as shown In The Chief May 9 , 1914, pp. 1, 2. 17. Local Law, I 9 3 6 , No. 43 for police and No. 44 for firemen. For firemen a provision for retirement for total and partial disability where not sustained in line of duty was granted. The Chief, Oct. 18, 1935, Ρ- 6.

I9II,

REFERENCES - CHAPTER VII

339

18. H.Y. Laws 1924, C. 363, Art. 11, Sec. 17, p. 6; Chapter 76 of the Consolidated Laws; The Chief, March 29, 1924, p. 3; April 5, 1924, p. 3. 19. The Chief, April 5, 1924, p. 3· The associations have fought against any expansion of the commissioner's discretionary power In pension matters. In 1925, the McGary Bill In the Board of Aldermen proposed to grant the commissioners power to retire men over sixty years of age. It was opposed by the Associations. Ibid., May 2, 1925» P· 7; June 6, I925, p. 7; June 13, 1925, P· 7; April 20, 1929, p. 7; March 9» 1929; March 23, 192920. N.Y. Laws 1935, C. 906, §15, #10; JI7, #6. New York State Constitution, I938, Art. 9, §12: "Every city may repeal, supersede or modify any law which was enacted upon and which required, pursuant to the constitution, a message from the governor declaring that an emergency existed and the concurrent action of two-thirds of the members of each house of legislature, Insofar as such law relates to the property, affairs or government of such city, except that no city may, unless hereafter authorized by the legislature, (a) reduce any salary or compensation or change any working conditions or hours of employment If such salary, compensation, working conditions or hours of employment shall have been heretofore approved upon referendum pursuant to law, except upon approval of such reduction or change by a majority of the electors of such city voting thereon, or (b) repeal or supercede any law enacted by the legislature relating to any pension or retirement system or the making and review of assessments or to the judicial review of dismissals from the civil service." 21. International Pire Fighter, IX (Feb. 1926), I6-I7. 22. International Association of Fire Fighters, Proceedings, I926, p. 95. 23. Berry (Comptroller)» Report; The Chief, Nov. 19, 1927; Jan. 21, 1928; Jan. 28, I928, p. 5; International Fire Fighter, X (Nov. I927), 5; Police Journal, XV (1928), 7-

340 τ·». p

"Z

7 ι,

FIREMEN'S AND PATROLMEN'S UNIONS 24. The Chief, Jan. 16, 1932; Feb. 28, 1931. 25. International Fire Fighter, XIV (Feb I93I) 26. The Chief, May 28, 1932; July 23, 1932. d.

c D ·

27. International Association of Fire Fighters ProceedInga, 1926, p. 94; Ibid., 1928, p. 50; Ibid., 1952, p. 114; Ibid., 1934, p. 69. 28. The Chief, March 25, 1935, P. 729. New York State Pension Committee, Actuarial Investigation of the Police PensIon Fund, December 31, 1933; Citizens Budget Commission, The Story of Pens Ions In Hew York City, January, 1934; defense of the present systems appeared In The Chief, Feb. 18, 1933, PP. 2, 6; Feb. 25, 1933, Ρ- 1; Dec. 2, 1933, p. 8; Dec. l8, 1933, Ρ- 2; March 31, I934, p. 7; July 14, 1934; March 2, 1935, P· 10; March 30, 1935, p. 8. 30. Ν. Y. Laws, 1935, C. 906. 31. Citizens Budget Commission, Number One Municipal Problem: The ünsound Pens Ion Funds, p. 5. 32. New York State Constitutional Convention, I938 Revised Record, II, 1412. Bennett's leadership is mentioned by Vernon A. O'Rourke and Douglas W. Campbell, Constltutlon-Maklng In a Democracy (Baltimore: Johns Hopkins Press, 1943), pp. I8I, 139· 33. New York State Constitutional Convention, 1938 Revised Record, II, 1413· Discussion on the proposal: pp. 1404-24; 2545-62; 2982-^3. 34. O'Rourke and Campbell, Constitution-Making in a Democracy, pp. 182, 165; Merritt, A Study of the Pension and Retirement Systems of New York City, pp. 14-15; The Chief (Aug. 27, 1937, p. 6) gave an account of the resolution to the coming State Constitutional Convention passed by P.B.A. The means by which the Police Pension Fund might be placed on a sound actuarial basis was suggested: the Issuance of special bonds not held to the constitutional debt limit and the discontinuance of the city's policy of drawing on the fund.

REFERENCES - CHAPTER VII

341

35. New York S t a t e Constitutional Convention, 1938 Revised Record, I I I , 2546. His statement that the Police Conference worked f o r I t (P. 2485) was denied by Pearon (p. 2 4 8 6 ) . 36. C i v i l S e r v i c e Leader, Feb. 6, 1945, p. 6. 37. O'Rourke and Campbell, Constitution-Making In a Democracy, pp. 2 2 4 - 2 5 ; Henry J . Amy, "Pension Systems Imperil C i t y ' s F i n a n c e s , " Real E s t a t e Record, CXLIV, 5 . The same discussion under the t i t l e , "The Local Pension Problem," Conference of Mayors and Other Municipal O f f i c i a l s of the S t a t e of New York, Proceedings, 1939, pp. 1 7 - 2 2 . 38. New York S t a t e Constitutional Convention, 1938 Revised Record, I I , 2992, 1409, 1419, 2555, 2934-35. His own proposal ( i l , 1409-10, 1423) f o r a c t u a r i a l pensions. " I s i n c e r e l y t r u s t . . . t h a t the amendment in i t s present form w i l l be voted down" (p. 1419). 39. C i t i z e n s ' Budget Commission, Number One Munieipal Problem: The Dnsound Pension Funds, p. 8 . Address by Harold Riegelman a t the Metropolitan Conference of Real E s t a t e Boards In the City of New York. 40. I b i d . , p. 9. See note 33 f o r convention discussion r e f e r e n c e s . 41. Constitution of the S t a t e of New York, Art. V, §7. 42. Report of the Mayor's Pension Committee Re The New York F i r e Department R e l i e f Fund, I 9 5 8 , pp. 2, 343. M e r r i t t , A Study of the Pension and R e t i r e ment Systems of New York City, pp. 52-53· No source f o r the statement i s given. The budget allowance f o r pensions: Budget of I938: P o l i c e , $ 5 , 0 0 0 , 0 0 0 ; f i r e , $619,500; budget, January to June, 1939: pol i c e , $ 2 , 5 0 0 , 0 0 0 ; f i r e , $310,000; budget of 1939194O: p o l i c e , $ 5 , 9 0 0 , 0 0 0 ; f i r e , $1,362,000. 44. C i t i z e n s ' Budget Commission, Number One Mun i c i p a l Problem: Th6 Unsound Pens ion Funds, pp. 1011. 45. The C h i e f , J u l y 14, 1939/ P· 1· Riegelman's estimate of the net d e f i c i t of the two funds a t "the

342

FIREMEN 'S AMD PATROLMEN'S UNIONS

end of 1938 was 420 million dollars. New York State Constitutional Convention, Ibid., II, p. 1408. 46. The Citizens Union, Report of the Committee on Legislation, Session of 1939; Searchlight, XXIX (1939)» 11· Employee activity upon: The Chief, March 24, 1939, P· 3; June 14, 1939» P· 6; Civil Service Leader, Oct. Ι7, 1939, P· 1· 47. Searchlight, XXIX (1939), H j Citizens Union, Report of the Committee on Legislation, Seselon of 1939,.Ρ- 11; The Chief, July 28, 1939, P- 1, stated It would require an additional contribution from firemen of $310.50 and from patrolmen of $199. 53· 48. Civil Service Leader, Feb. 6, 1945, p. 6. O'Rourke and Campbell (p. 257) stated that the Republican leadership decided not to press the bills, because of probable defeat. The opposition of the men appeared in the New York Times March 14, April 23, May 7. 49. Ibid., Nov. 28, 1939, P- 350. New York Herald-Tribune, June 14, 1939; The Chief, July 21, 1939, P· 1; July 28, 1939, P- 1; Aug. 18, 1939, p. 1. 51. Searchlight, XXIX (1939), 11. 52. Administrative Code, New York City: Por police, Art. 1 of Title Β of Chapter 18; for firemen, Art. 1, Title Β of Chapter I9. Police: Local Laws, 1940, No. 2; Firemen: Local Laws, 1940, No. 3. National Municipal Review, XXIX (ΐ94θ), 143; Civil Service Leader, Nov. 7, 1939, P· lj Nov. 14, 1939, p. 3; Dec. 5, 1939, Ρ53. The Chief, Nov. 24, 1939, Ρ· 1; Dec. 1, I939, p. 12. 54. Ibid., Nov. 17, 1939, p. 1; Nov. 24, 1939, pp. 1, 11; Dec. 1, 1939, P- 12; Civil Service Leader, Nov. 21, 1939, Ρ- 1; Nov. 28, 1939, Ρ- 3; Dec. 5, 1939, Ρ- 4. 55. Civil Service Leader, Dec. 5, 1939, p. 4; The Chief, Dec. 1, 1939, P· 12. 56. The Chief, Jan. 5, 1940, p. 1. 57. Firemen: Local Law No. 3, Feb. 1, 1940·. Administrative Code, Chap. I9, Title B, Art. I-A.

REFERENCES - CHAPTER VII

343

Policemen: Local Law No. 2, Feb. 13, 1940. Administrative Code, Chap. 18, Title B, Art. II. 58. Civil Service Leader, Sept. I9, 1944, p. 6; The Chief, Oct. 5, 1945, p. 1. Firemen Administration Code, Title B, Chap. I9, Art. 1-A, Β 19 - 7.16 «pH Β 19 - 7.21. Police: Administrative Code, Title Β of Chapt. 18, Art. 2, See Β 18-22,0, Β 18 - 24.0, and Β 18 - 23-0. 59. Civil Service Leader, Jan. 9, 1940, p. 15; Jan. 16, 1940, ρ. 1; Jan. 23, 1940, p. 4; March 12, 1940, p. 9; Jan. 30, 1940, pp. 3, 5; International Fire Fighter, XXIII (ΐ94θ), 6. 60. The Chief, Feb. 2, 1940, p. 1. 61. Belle Zeller, "Lawmaker-Legislator or Lobbyist?" National Municipal Review, XXIX (1940), 523; The Chief, March 1, 1940, p. 1; March 22, 1940, p. 1; March 29, 1940, p. 1; Civil Service Leader, Feb. 20, 1940, p. 9; Feb. 27, 1940, p. 362. The Citizens Union, Report of the Committee on Legislation, Session of 1940, p. 9. 63. The Chief, Feb. 6, 1942, p. 7* Bennett assured the police that the Constitution protected the existing systems. 64. Civil Service Leader, Jan. 16, 1945, p. 6. 65. Ibid., May 1, I945, p. 5. 66. The Chief, Oct. 5, 1945, p. 1. 67. Ibid., April 17, 1942, p. 7. Hefferman vs. McGoldrick, 259 App. Div. 671 (l94o); McKenna vs. McGoldrick, 259 App. Div. 88I (1940); Foster vs. McGoldrick, 259 App. Div. 88I (l94o); Signer vs. McGoldrick, 259 App. Div. 882 (l94o); Ryan vs. McGoldrick, 259 App. Div. 882 (l94o); Civil Service Leader, Feb. 27, 1940, pp. 5, 15; March 5, 1940, p. 1; April 2, 1940, p. 5; April 16, 1940, pp. 4, 5; May 14/ 1940, p. 5; May 23, 1940, p. 5J June 4, I940, p. 568. Civil Service Leader, April 9, 1940, p. 5. 69. Civil Service Leader, June 18, 1940, p. 5. 70. The Chief, Jan. 30, 1942, p. 7; Jan. 23, I942, p. 1.

344

FIREMEN'S AND PATROLMEN'S UNIONS

71. Civil Service Leader, June 26, 1942, p. 10; The Chief, April 3, 1942, p. 7; Feb. 20, 1942, p. 1, LaGuardla asked men not to retire; The Chief, March 27, 1942, p. 7; April 17, 1942, p. 772. The Chief, Jan. 30, 1942, p. 1; April 17, 1942, p. 7; Walsh appealed to men not to retire; Dec. 1 7 , 1943, p. 2, Mayor changed policy on retirements during bonus impasse. See Chapter VI. 7 3 . New York Sun, Dec. 20, 1933; New York Journal, Dec. 21, 1933; The Chief, Dec. 23, 1933, Ρ- 1; Dec. 30, 1933, P· 1; Jan. 6, 1934, p. 1; International Association of Fire Fighters, Proceedings, 1934, p. 62. 74. The Chief, Oct. 20, 1934, p. 3- The bill was passed by the Board of Aldermen. 7 5 . International Association of Fire Chiefs, Proceedings, Sixty-Second Annual Convention, 1934, pp. 132-35; The Chief, Sept. 1, 1934, p. 7; Sept. 8, 1934, p. 7, noted the resolution passed by the New York State Federation of Labor. International Association of Fire Fighters, Proceedings, 1934, p. 61. 76. The Chief, March 9, 1935, P· 10; April 20, 1935, P· 3. 77. Ibid., May 18, 1935, P· 2; July 6, 1935, p. 2; July 20, 1935, P- 2. 7 8 . New York State Constitutional Convention, 1 9 3 8 Revised Record, vol. II, p. 1341. Riegelman presented the political situation. 79. The Chief, April 1, 1933, P- 8; June 16, 1934, p. 5. 80. Ibid., Aug. 25, 1934, p. 8. 81. Ibid., Aug. 18, I934, p. 382. New York State Constitutional Convention, 1 9 3 8 Revised Record, Vol. II, pp. 1340-58. Riegelman used the referendum as an example when presenting the Home Rule amendment. The discussion revealed the situation. The Mayor's part is given on p. 1341. 83. The Chief, Oct. 9, 1936, p. 1, LaGuardla placed $500,000 in the I937 Executive Budget for fire department personnel. A local bill was advanced: Ibid., July 24, 1936, p. 6.

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345

84. International Pire Fighter, XIX (Aug. 1936), 5; The Chief, April 30, 1936, p. 12; Hay 15, 1936, p. 10. 85. The Citizens Onion, Report of the Committee on Legislation, Session of 1936, p. 28; International Fire Fighter, XIX (Aug. 1936), 5; The Chief, Oct. 9, 1936, p. 1. 86. N.Y. Laws 1936, C. 886. The Home Rule Amendment, Art XII, Sec. 2, requires for special laws a message from the governor declaring that an èmergency exists and the concurrent action of two-thirds of the members of each house of the legislature. 87. The Chief, May 22, 1936, p. 10; June 26, 1936, p. 6. 88. Ibid., July 31, 1936, p. 6. Time off In lieu of salary restoration was unpopular among the firemen. In Chicago, Mayor Kelly had done so, a policy which became known as "Kelly Off." The New York men were apprehens lve. 89. Ibid., Sept. 11, 1936, p. 3. 90. International Association of Fire Fighters, Proceedings, 1936, pp. 137-38· The campaign: The Chief, Oct. 30, 1936, p. 1; Oct. 16, 1936, p. 6. 91. The Chief, Aug. 14, 1936, p. 6. McElligott prepared a schedule for reduced working hours: The Chief, July 31, 1936, p. 6; Oct. 23, 1936, p. 1. 92. In the Matter of William C. Osborn vs. S. Howard Cohen, 272 N.Y. 55 (1936); The Chief, Aug. 14, 1936, p. 6, announced Justice Samuel I. Rosenman's dismissal of the case; Oct. 9, I936, p. 1. 93. The Chief, Oct. 23, I936, p. 6. 94. Ibid., Oct. 16, 1936, p. 7- Hew York State Constitutional Convention, op. cit., the charge of bad faith was the reason given for the extra session (II, p. 1340). 95. N.Y. Laws, 1936, C. 946. The Citizens Union, Report of the Committee on Legislation, Session of I936, p. 28; The Chief, Oct. 23, 1936, p. 6. The text of the Mayor's request to Governor to send the emergency message appears In, New York State Constitutional Convention, oj>. cit., p. 1355.

346

FIREMEN'S AMD PATROLMEN'S ONIONS

96. The Citizens Budget Commission at Work. Highlights of Eight Years of Effort, 1940, p. 5; New York State Constitutional Convention, 1938 Revised Record, II, 1341; The Chief, Nov. 6, 1936, stated that the opposition to the measure centered In the Citizens' Budget Commission, the Chamber of Commerce, and the Merchants Association. 97. Board of Elections of New York City, Annual Report, 1936. Eight-hour Day Charter Proportional Rep. The Chief, Nov. 6, 1936.

For 1,417,508 952,519 923,186

Against 441,420 603,072 555,217

98. The Chief, Oct. 23, I936, p. 6; Oct 30, 1936, p. 1. 99. Ibid., Nov. 20, 1936, p. 6. 100. N.Y. Laws 1937, C. 929. Amended Chapter 19, Title A, S487a-11.0 of the Administrative Code. New York State Constitution, Art. 9, §12. See note 20.

101. New York World-Telegram, Sept. 5, 1945. 102. The Citizens Onion, Report of the Committee on Legislation, Sessions of I917 and I919. N.Y. I92O, C. 282, held unconstitutional in Barthelmess vs. Cukor 231 N.Y. 435 (I921): Repealed in N.Y. Laws I920, C, 624, 52. 103. Concurrent Resolution: Laws of I92I; Assembly, April 5, 1921; Senate: April 14, I92I. N.Y. Laws of I92I, C. 702. Repealed, N.Y. Laws of I926, a 685 S 3. 104. The Chief, Jan 15, I92I, p. 5; July 23, I92I, p. 5· 105. New York State Legislative Manual, 1922: vote for: 699, 697; against: 1,090,418. 106. Concurrent Resolution: N.Y. Laws 1928, Assembly, Mar. 6, 1928; Senate, Mar. 21, 1928. N.Y. Laws of 1929, Assembly, March I9, 1929; Senate, March 25, 1929» New York State Legislative Manual,

REFERENCES - CHAPTER VII

3*7

I929: vote for: 1,071,517; against: 404,454; Hew York State Constitution, Art. V, $6. The I923 attempt: Concurrent Resolution: N.Y. Laws 1923, A s sembly April 25, I923; Senate May 4, 1923· 107. The Chief, March 25, 1933, P- 6. 108. Ibid., Aug. 16, 1930. 109. Ibid., March 25, 1933, p. 6; Oct. 21, 1933, p. 7. 110. Ibid., Oct. 21, 1933, P- 7; Feb. 7, 1936, p. 9. 111. Concurrent Resolution: Laws of 1932; Senate, March 10, 1932; Assembly, Mar 11, 1932. N.Y. Laws 1933; Senate, March 1, 1933; Assembly, April 10, 1933· New York State Legislative Manual, 1933: vote for: 755,675; against, 939,036. 112. O'Rourke and Campbell, Constitution-Making in a Democracy, pp. 17O-7I makes no mention of the organized firemen and patrolmen. Constitutional Convention of the State of New York, 1938 Revised Record pp. 2311-26, 2975-76, 3188-3217· The organizations Interested In furthering and in opposing the passage of the amendment are listed. P.B.A. is noted on p. 3197· The police and firemen's associations are mentioned as strenuously objecting against the provisions which would have extended preference to retention In office and to promotions (p. 2324). 113. Concurrent Resolution: N.Y. Laws 1944; Senate,, March *16, 19^4; Assembly, March 18, 1944. Concurrent Resolution: N.Y. Laws 1945; Assembly, March 12, 1945; Senate, March 13, 1945. 114. New York State Constitution, Art. V, §6. 115. Examples of the effort made: Civil Service Leader, Jan. 16, 1945, P· 7; Feb. 6, 1945, p. 7; Sept. 18, 19^5, Ρ- 7116. Ibid., Jan. 9, 1945, p. 3-

348

FIREMEN'S AND PATROLMEN'S UNIONS Chapter VIII 1. Civil Service Leader, Jan. 26, 1943, p. 9. 2. The Chief, June 18, 1932, p. 5; June 25, I932

p. 5· 3. Ibid., June I5, 1935, P· 3· 4. Ibid., Jan. 14, 1938, p. 75. Ibid., June 12, 1939, P· 3î June 16, 1939. 6. Civil Service Leader, June 16, 1942, p. 10. 7. The Chief, Feb. I7, 1934, p. 1. No mention of the proposal was made in the election announcement. Ibid., June 16, 1934, p. 3· 8. Ibid. t Jan. 14, 1938, p. 7. 9. Ibid., May 16, 1941, p. 8; June I3, 1941, pp. 1, 7; Civil Service .Leader, June 2, 1942, p. 11. 10. Civil Service Leader, June 16, 1942, p. 11; The Chief, June 12, 1942, p. 711. The Chief, June 12, 1942, p. 7; Civil Service Leader, May 26, 1942, p. 11; June 2, 1942, p. 11. 12. Civil Service Leader, Feb. 23, 1943, p. 9. 13. Ibid., March 9, 1943, p. 914. Ibid., March 9, 1943, p. 9; March 30, 1943, p. 9; The Chief, Jan. I5, 1943, p. 2, stated that the P.BkA. meetings might be opened to members. 15. Civil Service Leader, April I3, 1943, p. 9. 16. Ibid., June 1, 1943. 17. Ibid., June I5, 1943, p. 9; May 25, 1943, p. 9; The Chief, June 11, 1943, pp. 1, 3. 18. Civil Service Leader, June 8, 1943, p. 9. 19. Ibid., April 6, 1943, p. 8; June I5, 1943, p. 9; July 6, 1943, p. 15; The Chief (supported Harnedy), June 4, 1943, p. 4; June 11, 1943, p. 3. 20. Civil Service Leader, June 22, 1943, p. 9 (a letter to the paper}! 21. Ibid., Aug. 24, 1943, p. 722. Ibid., Aug. 17, 1943, p. 9- The delegates' rejection was noted in The Chief, Nov. 12, 1943, p.

2.

23. Civil Service Leader, Jan. 25, 1944, p. I3. 24. New York Herald-Tribune, June 14, 1944.

REFERENCES - CHAPTER VIII

349

25. Civil Service Leader, May 9, 1944, p. 6; May 16, 1944, p. 6; Hew York Herald-Tribune, May 9, 1944; The Chief, May 12, 1944, pp. 1, 8. 26. Civil Service Leader, May 16, 1944, p. 6; May 30, I944, p. 6; Jim» 6, 19 W , P· 6. 27. Ibid., June 20, 19^4, p. 6. 28. Ibid., Nov. 21, 1944, p. 6. 29. New York Herald-Tribune, June 14, 1944; The Chief, June 16, 1944, p. 1. 30. The Chief, June 23, 1944, p. 1. 31. Civil Service Leader, May 22, 1945, p. 6. 32. The Chief, May 11, 1945, p. 1. 33. Civil Service Leader, June 12, 1945, p. 6. 34. The Chief, Nov. 23, 1945, P- 5· 35. Ibid., June 8, 19^5, P· 2. 36. New York Herald Tribune, June I3, 1945; The Chief, June I5, 1945, p. 3; Civil Service Leader, June 19, 19^5, Ρ37· Civil Service Leader, Aug. 7, 1945, p. 3. 38. The Chief, Nov. 23, 1945, P· 5; Civil Servloe Leader, Nov. 20, 1945, p. 3. 39. The Chief, Nov. 30, 1945, p. 2. 40. Civil Service Leader, Dec. 18, 1945, p. 14; The Chief, Dec. 14, 1945, p. 1; Dec. 21, 1945, p. 2. 41. The change was made In 1946. In the election of June, 1946, Raymond Donovan won the presidency: Donovan, 4,135 votes; Harnedy, 1,909 Carton, 3,105. As noted, less than fifty percent of the membership cast a vote. Herald-Tribune, June 11, 1946, p. 45. 42. Prom 1935 Thomas P. Cummlngs served as Social Secretary for a few years. His first statement appeared In The Chief, Jan. I9, 1935· 43. The Chief, Jan. 14, 1938, p. 7; Aug. 1, 1941, p. 744. Civil Service Leader, March 16, 1943, p. 9; April 6, 1945, p. 8. 45. National Commission on Law Observance and Enforcement, Report on Police, No. 14, June 26, I931. (George W. Vlckersham, chairman). Study zAade by David G. Monroe and Earle V. Garret under the

550

FIREMEN'S AND PATROLMEN'S UNIONS

direction of August Vollmer. New York State Conference of Mayors and Other Municipal Officials, Bureau of Training and Research, Organization and Administration of a Municipal Police Department, No. JO, 1934. By Chief Richard V. Morris, Geneva Police Department . 46. Citizens Iftiion, Report of the Committee on Legislation, Session of I936; The Chief, Aug. 1, 1935; Jan. 17, 193.6, p. 6; Aug. 6, 1937, p. 6. 47. The Chief, Dec. 27, 1935; Jan 17, 1936, p. 6; Jan. 10, 1936, p. 11. 48. Proceedings of the Annual Meeting of the Conference of Mayors and Other Municipal Officials of the State of New York, "Municipal Problema," 1936, pp. 127, 128, 140-41 ibid., 1937, PP. 31-32. 49. The Chief, June 16, 1939; May 5, 1939, p. 3; the Bureau was abandoned in 1940. The Chief, Oct. 31, 1941, p. 10. 50. Ibid., May 5, 1939» p. 3· 51. Civil Service Leader, June 4, 1940, p. 4. 52. The Chief, Oct. 3I, 1941, p. 10; Dec. 5, 1941, p. 3; Civil Service Leader, Dec. 9, 1941, p. 11. 53. The Chief, June 16, 193954. Ibid., May 12, 1939, P- 3. 55. Ibid., Aug. 18, 1939, P. ?J July 17, 1942, p. 7. The Patrolmen's Benevolent Association, Fortyfive Reasons Why. A Volume Dedicated to Grover Whalen, 1936. Commissioner Whalen established the dental clinic at Police Headquarters. The P.B.A. presented It with modern equipment. 56. Civil Service Leader, Oct. 6, 1940, p. 8. 57. The Chief, Dec. 1, 1939, P* 6. 58. Ibid., April 14, 1944, p. 3- Members with 25 years or more affiliation had received $275; those with from 20 to 25 years affiliation, $210; those with from I5 to 20 years affiliation, $120; and those with from 10 to 15 years affiliation, $70. 59. Civil Service Leader, April 18, 1944, p. 6. In 1943 a treasury of $900,00awas claimed. CIvll Service Leader, July 6, 1943, p. 9.

REFERENCES - CHAPTER VIII

351

60. New York Heraid-Tribune, April 13, 1944; The Chief, April 14, 1 9 ^ P. 3» Civil Service Leader, April 18, 1944, p. 6; June 26, 1945, p. 4. 61. Civil Service Leader, May 2, -1944, p. 3 . 62. Ibid., June 26, 19^5, P- 6; July 1 8 , 1944, p. 6. 6 3 . Ibid., March 20, 1945, p. 6 ; Aug. 21, 1945, p. 3; Jan. 16, 1 9 ^ * P· 6. 64. Ibid., June 5 , 1945, p. 6. 6 5 . Ibid., Feb. 6 , 1945, p. 6 . 66. Ibid., May 22, 19^5, P· 6. 6 7 . Ibid., Jan. 12, 1943, p. 9. 6 8 . The Chief, Aug. 1, 1941, p. 7 . Upon Moran's retirement, he became the executive secretary of P.B.A. at a salary of $5,000 and was voted $10,000 for expenses. 69. Ibid., Sept. 9, I933, p. 3; Sept. 11, 1936, p. 2. 70. Ibid,, Oct. 9, 1936, p.,4. 71. Civil Service Leader, July 27, 1943, p. 9 . 72. N.Y. Laws, 1941, C. 843, $246, par. 7 . 73. N.Y. Laws, 1942, C. 79574. Civil Service Leader, July 21, 1942, p. 2; Sept. 22, 19^2, p. 8; Sept. I5, 1942, p. 3; Sept. 29, 1942, p. 4; Oct. 6, 1942, p. 5» Oct. 27, 19^2, p; 3; Nov. 10, 19^2, pp. 8, 9; The Chief, Oct. 9 , 1942, p. 1; Nov. 13, 1942, p. 1; Hov. 20, 1942, p. 1. 75. In the Matter of Isidore Berger et al. vs. Patrick Walsh, 2 9 I N.Y. 220 (19^3); an analysis of the draft status of the fire ellglbles vas given in The Chief, May I 5 , 19^2, p. 7. 7 6 . Civil Servioe Leader, Feb. 29, 1944, p. 6 . 7 7 . Ibid., June 2 9 , 1943, p. 9. 78. Ibid., May 4, 1943, p. 9; June 29, I943, p. 9; Oct. 31, 1944, p. 8; Nov. 7, 19^4, p. 3. 79- Ibid.. Aug. 8, 1944, p. 6; Aug. I 5 , I 9 W , p. 6; The Chief, Aug. 11, 1944, p. 1. 80. Constitution of the International Association of Fire Fighters, Art. Ill, $2. 81. International Association of Fire Fighters, Proceedings, 1930, pp. 57-58.

352

FIREMEN'S AITO PATROLMEN'S UNIONS

82. Ibid., 1936, p. 146. 83. International Pire Fighter, XXII (Oct I939), p. 7; The Chief, Aug. 12, 1958, p. 2; International Pire Fighter, XXI (Sept. 1938), 28. The locals were: Schenectady 28, Dtlca, 32, New Y o r k City, 94, Troy, 2 8 I , Buffalo, 282, Long Beach, Long Island, 2 8 7 , Saratoga, 343, and the New Y o r k City Patrol, 540. 84. The Chief, A p r i l 30, 1937, P- 78 5 . International Fire Fighter, XVIII (June 1935), 7; N.Y. Laws 1935, C. 6 6 5 . Fire: Rules and Regulations, 1937, 5128, p. 48; first protection appeared In Special Order No. 93, M a y 28, I 9 1 7 . 86. N.Y. I A W S , I935, C. 800; International Fire Fighter, XVIII (June 1935), 787. The Chief, A p r i l 30, 1937, P- 58 8 . Civil Service Leader, Dec. 5 , 1939, P· 4. 8 9 . The Chief, March 13, 1942, p. 3 . 90. Ibid., Aug. 14, 1942, p. 7· 9 1 . Civil Service Leader, June 13, 1 9 ^ , P· 1. In 1 9 3 6 the president of the Captains Association sought to wrest the control of the Pire Officers A s sociation from Fire Captain W a l t e r J. Dugan, the president. The Chief, Jßn. 3, I936, p. 6. In 1945 a new association, the Uniformed Officers Association, was recognized by Commissioner W a l s h as representing the majority of the fire officers. In March, 1946, after Kbne's retirement, the Association affiliated w i t h the I.A.P.P. as Local 854. 92. The Chief, M a y 9, 1941, p. 1. 93. International Fire Fighter, XXV (Oct. 1942), 13; The Chief, May 9 , 1941, p. 1. 94. The Chief, April 7, 1934, p. 2. 95. International Association of Fire Fighters, Proceedings, 1942, p. 111. 96. The Chief, A p r i l 13, 1935, Ρ· 8. 97. New Y o r k Evening Journal, A p r i l 10, 1935; The Chief, April 13, 1935, P· 8; Civil Service Leader, Sept. 26, 1958, .p. 4. 9 8 . Civil Service Leader, Feb. 27, 1940, pp. 5 ,

15·

REFERENCES - CHAPTER V I I I

353 99. Hew York Herald-Tribune, April 12, 1945; The Chief, April 13, 1945, pp. 1, 5; C i v i l S e r v i c e Leader, April 24, 1945, Ρ· 3 · 100. C i v i l S e r v i c e Leader, March 30, 1943, p. 5. A f e a t u r e a r t i c l e : Francis K e l l y , " i s Vincent J . Kane Losing His Hold as Head of the U.F.A.?" 1 0 1 . I b i d . , p. 1 5 . 102. C i v i l Service Leader, June 29, 1943, p. 16; The Chief, June 11, 1943, p. 5 ; July 16, 1943, p. 4. 103. C i v i l Service Leader, Feb. 13, 1945, p. 5 ; Feb. 20, 1945, p. 5 ; March 20, 1945, p. 5. 104. C i v i l Service Leader, March 6, 1945, p. 3 . 105. I b i d . 106. Rev York Herald-Tribune. May 6, 1945; The Chief, May 11, 1945, p. 1 ; C i v i l Service Leader, May 8 , 1 9 * 5 , P. 5107. C i v i l Service Leader, May 29, 1945, p. 4. 108. The Chief, June 22, 1945, p. 1; C i v i l S e r v i c e Leader, June 26, 1945, p. 4. 109. C i v i l S e r v i c e Leader, Aug. 14, 1945, p. 4; The Chief, Aug. 1 7 , 1945, p. 1 . 110. The Chief, Sept. 7, 1945, p. 6 ; C i v i l S e r vice Leader, Oct. 16, 1945, p. 1; Oct. 2, 1945, pp. I , J ; Aug. 28, 1945, p. 3111. The Chief, J u l y 20, I 9 4 5 , p. 1. 112. I b i d . , Sept. 7 , 1945, p. 6. 113. I b i d . , Oct. 5 , 1945, p. 1. 114. I b i d . , Sept. 21, 1945, p. 3 ; C i v i l S e r v i c e Leader, Oct. 2 , 1945, p. 4. 1 1 5 . The Chief, Dec. 7 , 1945, p. 1 . 116. I b i d . , June 16, 1944, p. 3 ; June 30, 1944, p. 8 ; J u l y 14, 1944, p. 8 ; C i v i l Service Leader, June 20, 1944, p. 5 ; June 27, 1944, p. 5 ; J u l y 25, 1944, p. 3117. The Chief, J u l y 14, 1944, p. 8. 118. I b i d . , Nov. 17, 1944, p. 1 ; Nov. 2 4 , 1944, p. 3 ; Dec. 22, 1944, p. 8. 1 1 9 . C i v i l Service Leader, April 10, 1945, p. 5 ; The Chief, Feb. 9 , I 9 4 5 , p. 8 ; April I 3 , 1945, p. 5 . 120. The Chief, June I 5 , 1945, p. 8. 121. I b i d . , Nov. 29, 1935, p. 2.

354

FIREMEN'S AMD PATROLMEN1S UNIONS

122. Thomas vo. Kern, 280 N.Y. 236, 20 N.E. (2d) 738 ( 1 9 3 9 ) ; The C h i e f , Dec. 9 , 1938; Dec. 2 3 , 1 9 3 8 , p. 1 ; J a n . 6 , 1939» P· 1 · Such champions of c i v i l s e r v i c e as Albert De Roode and H. E l i o t Kaplan did not support Kern's proposals. 123. New York Sun, S e p t . 6 , 1934. 124. The C h i e f , J a n . 24, 1936, p. 6 ; March 7 , 1937» P· 6 . The.-proposal reappeared in the I938 C o n s t i t u t i o n a l Convention but f a i l e d . The pressure grouD behind i t i s not known to the author. I n t . Nc., # 6 8 8 , Pr. No. 798, I938. Revised Record, pp. 22922301. 1 2 5 . I b i d . , June 25, 1 9 3 7 , Ρ- 6. 126. C i v i l S e r v i c e Leader, April 2 5 , 1944, p. 4; The C h i e f , Oct. I 3 , 1944, p. 1 . 1 2 7 . Broderick e t a^. vs^ City of New York, 295 N.Y. 363, 67 N.E. ( 2 d J 737 (1946·). The court dec l a r e d the promotion i l l e g a l . 128. The C h i e f , May 26, 1944, p. 1 ; S e p t . 7 , 1945, p. 6 ; I n t e r n a t i o n a l F i r e F i g h t e r , XXVIII (Oct. 1944), 1 1 . Conclusions 1 . No recent' s t u d i e s on employment conditions in New York City s e r v i c e s have come to a t t e n t i o n . The e a r l i e r ones a r e : New York Committee on Welfare Work of the National Civic F e d e r a t i o n , Report on the Working Conditions of the P o l i c e (1907); Genevieve W. Beavers, A Report on the Homes and Family Budgets of 100 Patrolmen (New York: The Bureau of Municipal Research, 1 9 1 3 ) ; The City Club of the C i t y of New York, Study Made on Firemen'3 Hours ( 1 9 1 4 ) . 2. The C h i e f , J u l y 20, 1945, p. 1 . 3 . I n t e r n a t i o n a l F i r e F i g h t e r , XXI ( S e p t . 1 9 3 8 ) , 54. P o l i c e : Administrative Code, Chap. 18, T i t l e A, § 4 3 4 a - l 4 . 0 and § 4 3 4 a - 2 0 . 0 ; Rules and Regulations and Manual of Procedure of the P o l i c e Department

CONCLUSIONS

355

(Revised to December 16, 1940), Rules 300-314, pp. 51-55, and Rules 320 and 321, p. 56. Fire: Administrative Code, Chap. I9, Title A, § 487a-12.0; Rules and Regulations for the Uhlformed Force of the Fire Department of the City of New York (Feb. I5, 1937), Chap. 49 §5 637-648, pp. 219-224. New York State Conference of Mayors and Other Municipal Officials, Organization and Administration of a Municipal Police Department (Bureau of Training and Research, No. 30, 1934), p. 40. Recommendations on department discipline are made. 5-. Civil Service Leader, Jan. I9, 1943, p. 9. 6. Police: Administrative Code, Chap. 18, Title A, §434a-13.0, subd. b. Fire: Administrative Code, Chap. 19, Title A. §487a-7.0j Rules and Regulations (1937), $258, p. 87. 7. William Brody, "The Promotion of Fire Fighters: Procedures in Ten Large Cities," Public Personnel Quarterly, II (l94l), I65. The account shows the great influence of the service record in New York City promotions, p. I75. N. J. Powell, "Police Promotion In New York City," Police Journal, XXVII (Nov.-Dec. 1941), 4. The written test, the evaluation of past record, and seniority are given equal weight in promotion determinations. 8. New York World-Telegram, Aug. 20, 1935. 9. Henry S. Dennison, "Management and Labor's Interest In the Development of an Industrial Psychology" In Henry C. Metcalf, The Psychological Foundations of Management (Chlòago and New York: A. W. Shaw, I927), p. 16. 10. The Chief, Sept. 7, 19^5* P· 6. 11. Vincent J. Kane vs. Patrick Walsh, 295 N.Y. 198 (1946). An instance of repression was given in Civil Service Leader, Nov. 30, 1943, p. 9. Patrolman David Liebman In a public speech told of the financial plight and the low morale of the police force. His subsequent suspension and trial received publicity. Mayor LaGuardla was charged with having bribed the Patrolmen's Benevolent Association to denounce Liebman.

356

FIREMEN'S AND PATROLMEN'S UNIONS

P a t r i c k Harnedy sent a l e t t e r t o a l l members condemning Llebman. The gag r u l e : Police: Rules and Regulations ( l 9 4 o ) , No. 161, p. 30; F i r e : Rules and Regulations ( 1 9 3 7 ) , Chap. 16, §§248, 250, 251, and 252, pp. 84-8512. The C h i e f , S e p t . 7 , 1945, pp. 1, 6. 13- Henry C. Metcalf and L. Urwick, e d . , The C o l l e c t e d Papers of Mary Parker F o l l e t t , "Dynamic Administration" (New York: Harper and B r o t h e r s , 1 9 4 0 ) , p. 174. 14. C i v i l S e r v i c e Leader, J a n . 2 6 , 1 9 4 ? , p. 9 . 15. Ernest Jerome Hopkins, Our Lawless P o l i c e (New York: The Viking P r e s e , 1 9 3 1 ) , p. 91. 16. I b i d . 17. The C h i e f , A p r i l 1, I9II, furnished the only mention of an education program: "The L i e u t e n a n t s ' Benevolent A s s o c i a t i o n has formed a debating c l a s s f o r the purpose of i n s t r u c t i n g members in a higher knowledge of t h e i r p o l i c e d u t i e s ; such i n s t r u c t i o n t o be founded on a c t u a l experiences and to be based on the provisions of law ordinances, and r u l e s and r e g u l a t i o n s and current orders o f the P o l i c e Department . " 18. I n t e r n a t i o n a l C i t y Managers' A s s o c i a t i o n , Municipal Yearbook ( 1 9 3 5 ) , p. 1 4 ; Annual Meeting of the Conference of Mayors and Other Municipal O f f i c e r s of the S t a t e of New York, Proceedings ( 1 9 3 5 ) , "Municipal Problems," pp. 14, 2 3 ; i b i d . , ( 1 9 3 8 ) , pp. 2 8 - 3 0 . 19. I n t e r n a t i o n a l F i r e F i g h t e r , XVII (Nov. 1 9 3 5 ) , 23. 20. Powell, "Employee Training in New York City," Personnel Administration, IV (I941), 10. 21. John S t u a r t M i l l , Considerations on Repres e n t a t i v e Government (New York: Longmans Green and Company, I876), p. 12. 22. American C i v i l L i b e r t i e s Union, Democracy in Trade Unions (November, 1 9 4 4 ) . 23. Stern vs. Marks, 44 Misc. 140, 89 N.Y. Supp. 921 (1904). 24. S e c t i o n 9. General Corporations Law,J11-1A.

CONCLUSIONS

357

25. United States vs. White, 522 U.S. 694 (1944). In Railway Mall Association vs_. Corsi 326 U.S. 88 (1945), the court held an association of U.S. railway postal clerks subject to the New York Civil Rights Law which forbids membership discrimination on basis of race. 26. American Economic Review, XXXIII (1943), Supplement Part 2, p. I97. In Abram L. Harris' discussion of Clapp's paper the interest in the protection of minorities and individuals within the union was expressed. Some judicial review of union procedure to safeguard due process was suggested. 27. Fire: Rules and Regulations (1937), Chap. 16, §228, p. 80. Police: Rules and Regulations (1940), Rule 210, pp. 37-38. 28. The Chief, April 4, 1914, p. 1; May 16, 1914, p. 1; July 3, 1915, P.- 1. Ibid., July 3, 1915, p. 1, gave Mayor Mitchel's letter of June 25, I915: "The plan of having a Board of Review to consider applications of dismissed policemen for rehearing having worked so successfully, I have determined to create a similar Board in relation to the Fire Department." 29. "Dismissal Procedure in the Welfare Department in New York City," Public Personnel Quarterly, I (1939), 34; W. Hodson, "Personnel Management in the Public Service," Welfare News, VII (I939), 2, recognizes unions; Office of the President of the Borough of Manhattan, City of New York, Departmental Personnel Rules ^194o). The right to organize and bargain collectively is given. 30. Fire: Rules and Regulations ( 1 9 3 7 ) , Chap. 16, §249, p. 84. 31. Police: Rules and Regulations (l94o), Rule 185, p. 34. 32. Civil Service Leader, Aug. 18, 1945, p. 5; Sept. 5 , 1945, p. 14. 33. New York City Charter ( I 9 3 8 ) , Chap. 40, §885 subd. a; Chap. 1 9 , §487 subd. a; Chap. 18, §434 subd. a. 34. Civil Service Leader, Dec. 26, 1939, p. 3; Jan. 2, 1940, p. 2. The Civil Service Commission

358

FIREMEN'S AND PATROLMEN'S UNIONS

referred a question to the U.F.A. and finally followed the Association's recommendation. 35. Police: Rules and Regulations (I940), Rules 445, 447, 448, p. 78. Fire: Rules and Régulations (1937), Chap. 16, §219, p. 75· Ordway Tead and Henry C. Metcalf, personnel Administration: Its Principles and Practice (New York: McGraw-Hill Book Company, 1933), pp. 389, 396. 36. "Background Survey of New York City's Best Police Recruits," Public Personnel Quarterly, I (Dec.-Feb. I939-I940), 141. In 1939, 3 3 , 0 0 0 candidates competed in the patrolmen's examination out of which 1 , 4 0 0 were placed on the list. Of the 221 men studied from the 1 , 4 0 0 of the list, most had completed three years of college work; 42 percent were drawn from clerical jobs, and 12 percent from the professions. 37- Civil Service Leader, May 28, 1940, p. 4. 38. Ibid., March 14, 1944, p. 4. 39. In the Matter of the Investigation of the Departments of the Government of the City of New York, Final Report (December 27, I932), Samuel Seabury, Counsel, Exhibit No. 2. Officials receiving salaries of $5,û00 and over are shown to have received Increases of 65.66 percent to 233-333 percent (p. 104). Compiled from the Budget of the City of New York: Police Increases

19191916-1945 1922

19221925

1926-1930

Patrolmen Sergeant Lieutenant Captain Inspector Deputy Inspector Chief Inspector

$1600 $630 I75O 750 I5OO-I75O 850 2250-2750 880 2400-3150 1000 1100 4000 1500

$220 200 None None None None None

None $100 2ΟΟ-55Ο 500 500 500 500

After $500 500 150-500 500-1000 500 500-1000 1000

CONCLUSIONS

359

39. Continued Fire Increases

1916-1945

Firemen Lieutenant Captain Battalion Chief Deputy Chief Chief

$1600 1800 2000-2500 2000-3000 3300 25ΟΟ

19191922

1922-

$630 850 900 950 1000 None

$220 None None None None None

1926-1930

After

1925 None $200 300 300 300 None

$500 500 5OO 5IO-I5IO I7OO 25ΟΟ

40. Fire: Rules and Regulations (1937), Chap. 28, S418, p. 1J1. The Chief Officers are allowed 32 days; captains and lieutenants, 25 days; and all others 21 days. Police: Rules and Regulations (l94o), Rule 434, p. 75· Deputy Commissioners and the Chief Inspector are allowed 30 days; Assistant Chief Inspector, 29 days; Deputy Chief Inspector and the Chief Surgeon, 28 days; Inspectors, Surgeons, and Chaplains, 26 days; Deputy Inspector, 25 days; Captains, Acting Captains, and Heads of Bureaus, 24 days'; Lieutenants and First Grade Detectives, 22 days; Sergeants and Second Grade Detectives, 20 days; and all others, 19 days. 41. Police: Administrative Code, Chap. 18, Title A, §434a-13.0. Fire: Administrative Code, Chap. 19, Title A, §487a-7-0. 42. Hopkins, Our Lawless Police, p. I8I. 43· Metcalf and Urwick, ed., The Collected Papers of Mary Parker Follet, "Dynamic Administration, " p. 171.

BIBLIOGRAPHY S p e c i a l Press The Chief. Issues from I903 to 1946. The S e a r c h l i g h t . Published by the Citizens Union. May 16, I 9 I I to October 1, 1939The C i v i l S e r v i c e Leader. September 19,1939 to January 1 , 1946 The C i v i l Service Magazine. September 6 , 1913 to Novembe-r I 3 , 1914. The C i v i l Service Record. Publication of the C i v i l Service Reform League. December, I 8 8 I to June, 1892. Good Government. Successor to the C i v i l Service Record. I892 through 1943. The I n t e r n a t i o n a l F i r e F i g h t e r . O f f i c i a l organ of the I n t e r n a t i o n a l Association of F i r e F i g h t e r s . January, I919 to August, 1944. W.N.Y.F. With New York Firemen. Issued q u a r t e r l y by the New York City F i r e Department. November, 1940 to January, 1946. The Police Chronlcle and i t s successor, The C i v i l Service Chronicle. August 3 I , I907 to August 20, 1920. P o l i c e Magazine. Commissioner E n r i g h t ' s p u b l i c a t i o n . I924-I926. Publications of the S t a t e , County, and Municipal Workers of America: Employee : October I 5 , I937 to Vol I I , No. 1 1939. Government Guide : June, 1939 through June-July, I04O. The C i v i l Service Standard: October l b , 1937 through August 6 , 1942. United S t a t e s Municipal Npws. News B u l l e t i n of Public Administration Clearing House.

360

BIBLIOGRAPHY

361

R e p o r t a and ProceedInga American C i v i l L l b e r t l e e Union: P o l i c e Lawle3sne3 3 a g a i n s t Communists In New York. A p r i l , I93O. Democracy In Trade Onions. A Survey v l t h a Program of A c t i o n . 1944. American F e d e r a t i o n of Labor: P r o c e e d i n g s of t h e 17th Annual Convention, I 8 9 7 . P r o c e e d i n g s of t h e 3 9 t h Annual Convention, I 9 1 9 . The Carnegie F o u n d a t i o n f o r t h e Advancement of Teaching: E i g h t h Annual R e p o r t , I 9 1 3 . Winth Annual R e p o r t , 1914. C i t i z e n s ' Budget Commission: The S t o r y of Pens ions i n Νeν York City ( J a n u a r y , 1934). Compensation C o n d i t i o n s of Employment and Re t l r e m e n t B e n e f i t s of Policemen and Firemen Ln New York C i t y and 292 Other C i t i e s In t h e United S t a t e s ( J a n u a r y , 1938). C i v i l S e r v i c e In t h e C i t y of New York. Prepared by E d i t h B a i k i e ( I 9 3 8 ) . C i t i z e n s Budget Commission a t Work (1940). Number One Municipal Problem: The Unsound Pens i o n Funds (December 20, 1939). C i t i z e n s Union and t h e Bureau of Municipal R e s e a r c h : McAneny, George. The Merit System a s an Element In Reform ( I 9 0 2 ) . The C i t y f o r t h e P e o p l e . The Beat A d m i n i s t r a t i o n New York Ever Had (September, I 9 0 3 ) . The P o l i c e Problem i n New York C i t y ( I 9 0 6 ) . R e p o r t of t h e Committee on L e g i s l a t i o n (19051940). Report of t h e Pension Committee of t h e C i t i z e n s Union of t h e C i t y of New York ( J a n u a r y , 1911). Chadbourne, P e r c y T. A Report on t h e D i s t r i b u t i o n of t h e F o r c e of t h e P o l i c e Department. Subm i t t e d t o the Aldermanic Committee on Pol i c e I n v e s t i g a t i o n (December 3 I , I 9 1 2 ) .

562

FIREMEN'S AMD PATROLMEN'S UNIONS

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376

FIREMEN'S AMD PATROLMEN'S UNIONS

Walling, George W . Recollections of a New York Chief of Police. New York: Caxton Book Concern, I887. Welling, Richard. As the Twig is Bent. New York: G. P. Putman's Sons, 1942. Wlllemse, Cornelius W . Behind the Green Lights. New York: Alfred A. Knopf, 1931. Williamson, S. T., and Herbert Harris. Trends in Collective Bargaining. New York: The Twentieth Century Fund, 19^5· Ziskind, David. One Thousand Strikes of Government Employees. New York: Columbia University Press, 1940.

New York Laws, State and Local Police Hours of work: Laws I9II, C. 360 and 883 Laws I929, C. 70I Laws 1935, C. 90I Firemen hours of work: Laws I9OI, C. 26 Laws 1922, C. 226 Laws 1936, C. 886 and 946 Laws 1937, C. 929 Administrative Code Law, Chapt. I9, Title A S 487a--11.0 New York State Constitution (1938), Art. 9, Sec. 12 Early statutes on police pensions: Laws 1864, C. 403,8866, 67 Laws I868, C. 535 8866, 67 Laws I87O, C. 383,8819; C. 137, Art. 7, 866 Laws I87I, C. 126 Laws 1878, C. 389 Laws 1882, C. 410, 8306 Laws 1890, C. 531, 8307; C. 532, 8305 Laws 1893, C. 529, 8305, Par. 10 Laws 1894, C. 536, 8307 Laws 1897 > C. 378, Chapt. VIII, 88 351-57 (Charter) Laws 1898, C. 380, 8 355

BIBLIOGRAPHY

377

Early statutes on firemen's pensions: Laws 1866, C. 756 Lavs 1871, C. 742, S C . 51? Laws 1 8 7 9 , C. 119, 814 Laws 1882, C. 410, M 519, 520 Laws 1894, C. 73, 8 519 Laws I897, C. 378, Title 5, 88 790, 791 Recent pensions changes and health security measures: Laws 1919, C. 518, 8355 Laws I92O, C. 427, Chapt. XXVI, 81700, Par. 3; C. 800 Laws I935, C. 665; C. 906, 8 4, Par. 6; C. 800 Local Laws 1935, No. 20 Local Laws 1936, No. 9, 43, 44 Local Laws 1940, No. 2-4 Pension protection: Hew York State Constitution (I938), Art. 9, 812 Laws 1924, C. 363, Art.. II, 817, Par. 6 Police wages, early legislation: Laws I857, C. 569, 82J Laws 1864, C. 403, 863 Laws 1866, C. 861 Laws I870, C. 136, 8 10 (for Brooklyn); C. 137, 8 47 (for New York) Laws 1882, C. 410, 8287 Laws 1884, C. 214 and 182 Laws I894, C. 741, 81 Laws I897, C. 378. Chapter VIII, 8299 (New York Charter) Laws 1 9 0 1 , C. 466, 8299 Laws 1 9 0 7 , C. 160, 8299 Firemen's wages, early legislation: Laws 1 8 7 3 , C. 32 Laws 1 8 8 2 , C. 410, Title I, 8442 Laws 1884, C. 234 Laws 1895, 0. 269 Laws 1897, C. 378. Chapt. VIII,8 299 (New York Charter) Laws 1 9 0 1 , C. 466 , 8 740

378

FIREMEN'S AMD PATROLMEN'S UNIONS

Recent Salary Changes : Laws I92O, C. 329 and 729 Laws 1 9 2 3 , C. 856 Laws 1929, C. 202 Laws 1932, C. 636 and 637, Laws 1 9 3 t , C. 178 Laws 1937, C. 12 and I3 Local Laws 1942, No. 40 Salary protection: Laws 1924, C. 363, Art. I I , Laws 1935, C. 906, S I , Par. New York S t a t e Constitution Civil

Service:

St

810, Par. 10 10 (1938), Art. 9, 812

New York S t a t e Constitution (1894), Art. V Veterane 1 Preference Amendment, 1929 and 1945, 56 Laws 1883, C. 354 Laws 1884, C. 410 Laws 1886, C. 29 Laws 1894, C. 717, S4 Laws 1895, C. 344 Laws 1897, C. 428 Laws 1899, C. 370 Laws 1920, C. 805 Laws 1924, C. 363 (Chapt. LXXVI of Consolidated Laws ) Lavs I929, C. 466 Laws I941, C. 843, 8246, Par. 7 Laws 1942, C. 795, 87.2 Laws 1943, C. 47 IministratiVe organization of the public s a f e t y departments Police: Laws 1857, C. 569 Laws 1870, C. 136 and 137, Art. 7J C. 383, SS 18, 19, 20, 44, 49, 57, 93 Laws 1872, C. 675, 57 Laws 1873, C. 755; C. 335, Art. V I I I , 88 39*73 Laws 1882, C. 410, Chapt, V I I I , 88250-314 Laws 1897, C. 378, T i t l e VIII,8S270-371 Laws I 9 0 I , C. 33î C. 466, Chapt. V I I I , 88 270-367 Laws I907, c. 160

BIBLIOGRAPHY FLre :

Laws Laws Laws Laws Laws Laws Laws

1 8 6 5 , C. C. 1 8 7 3 , c. 1 8 8 2 , C. 1 8 9 7 , C. 1901, c . 1 9 3 4 , C.

1870,

379

249 137, Art.

335, 410; 378, 466, 1

10 A r t . Χ, H 7 6 - 7 9 Chapt. X I , 88424-532 T i t l e XV, J 8 7 2 0 - 2 8 Chapt. XV, T i t l e I

Cases Hours of work: Thomas Sweeney vs.. Thomas S t u r g l s , 175 Ν. Y. 470 (1903) Osburn vs. S . Howard Cohen, 272 N. Y. 55 (I936) Kane v s . Walsh, 293 Ν. Y. 923 (1944) Pens ions : People ex r e i . Brady vs^. Martin, 145 N. Y. 253 (1895) People ex r e i . Eaklns v s . R o o s e v e l t , 149 N. Y. 574 (1896) Ramsey v s . Hayes, I87 N. Y. 367 (I907) In the Matter of Pierne vs_. V a l e n t i n e , 29I N. Y. 333 (1943) Hefferman v£- McGoldrlck e t a l . , 259 App. Dlv. 671,

20 N . Y . S .

(2d) 341

(1940)

McKenna v s . McGoldrlck e t a l . , 259 App. Dlv. 88I, 20 N.Y.S. (2d) 345 ( I 9 4 0 ) F o s t e r vs.· McGoldrlck, 259 App. Dlv. 88I, 20 N.Y.S. (2d) 345 ( I 9 4 0 ) S i g n e r vs.. McGoldrlck a l . , 259 App. Dlv. 8 8 2 , 20 N.Y.S. (2d) 346 (1940) Ryan vs^ McGoldrlck e t a l . , 259 App. Dlv. 8 8 2 , 20 N.Y.S. (2d) 346 (1940) In re Chluraggo ( V a l e n t i n e ) , I8I Misc. 83O ( 1 9 4 3 ) , 44 N.Y.S. (2d) 237 (1943) Matter of Wolf v s . V a l e n t i n e , 178 Misc. 308 (1942)

380

FIREMEN'S AND PATROLMEN'S UNIONS

Wages : In the Matter of Joseph P. Moran vs_. Fiorello H. LaGuardla, 270 N.Y. 450 (1956) Robert P. Adrian ejt al. vs_. City of New York, 291 N.Y. 609 (19^3) Schneider et al. vs. City of New York, 289 N.Y. 785 (I943) Michael F. Allen vs. City of New York, 292 N.Y. 567 (1944) In the Matter of Henry K. Astwood vs^ Howard Cohen £t al_. and the Patrolmen's Benevolent Association of the City of New York et^ al., Interveners, 291 N.Y. 484 (I943) Allmendinger vs_. City of New York, 182 Misc. 142 (1944) Crane vs. City of New York, I85 Misc. 456 (1945) Civil Service: The People of the State of New York ex reí. George N. Balconi vs. William H. Mosher et, al., 16? N.Y. 32 (1900) In the Matter of Isidore Berger e_t al. vs. Patrick Walsh, 29I N.Y. 220 (1943) Schwab vs_. McElllgott, 282 N.Y. 182 (1940) In the Matter of Alfred J. Thomas vs^. Paul J. Kern et al., 280 N.Y. 236 (1939) Broderick et al. vs^. City of New York, 295 N.Y. 363 (19^6) Voluntary associations: United States vs_. White, 322 U.S. 694 (1944) Clifford vs_. The Firemen's Mutual Benevolent Association, 259 N.Y. 547 (1932) 0'Regan vs_. City of Chicago, Chicago Legal News, XXXVII (1904), 150, quoted in Coane vs_. Geary, 298 111. App. I99 (1939) McNatt vs. Lowther, 223 S.W. 503 (1920) San Antonio Fire Fighters' Local Union No. 84 vs. Bell et al., 223 S.W. 506 (I920) Hutchinson vs_. Magee, 278 Pa. II9,· 122 Atl. 234 (1923) Carter v£. Thompson, I80 S.E. 410 (Va. 1935)

BIBLIOGRAPHY

381

F r a t e r n a l Order of P o l i c e vs_. Harris, 10 N.W. (2d) 310, 306 Mich. 68 (1943) Mugford vs. Mayor and City Council of Baltimore, In the C i r c u i t Court No. 2 of Baltimore City (April 13, 1944, July 5 , 1944, November 15, (1944) City of Cleveland vs. Division 268 Amalgamated Association of S t r e e t , E l e c t r i c Railway and Motor Coach Employees of America, 30 Ohio App. 395 (1945) Railvay Mail Association V£. Murphy, 293 N.Y. 315 (1944) Vincent J . Kane vs. P a t r i c k Walsh, 295 N.Y. I 9 8 (1946)

INDEX Adamson, Fire Commissioner Robert, 99, 100, 101, 105 Administration and public employee unions, effect of, op neutrality of government services, 5, 15-17» effect of, on Internal discipline, 5-6» unionism as furthering the democratic process in administration, 12, 14-15, 247-248; applicability of unionism to a semlmllltary administrative organization, 12-14; administrative opposition to the Fraternal Order of Police, 29-50» opposition to police unloba, 30-31; the Hartford Connecticut ordinance protecting unions, 32; opposition to firemen's unions, 34-35; prohibitions challenged by the employee unions, 35-37 Administration, in the public safety departments, 12-14 see also Coane vs Geary; In the New York City departments, 45-46, 62, 226-227, 229-232, 233; rank-and-file appreciation of good management, IO5 Administrative attitude toward employee organizations in New York City, Charter restrictions upon, 59, 72; administrative action vs. ÏMBA, 63; ban against membership in, 67, 100, 101, 104; attitude of Woods, 96; attitude of Mitchel, 96, 101, 102-104; attitude of Bruere, 102; attitude of Moskowitz, 102, 103; attitude of Adamson, 105; grant of direct individual appeal to the conmiBaloner, 105, 144, 241-242; attitude of Hylan, 110, 112, 114, 115, H 7 , II8, 129, 131, 132, 137, 151; Police De partaient, rule upon, 121; attitude of Walker, 142, 146; attitude of LaGuardia, 164, 165, 166-I67, I68, I8I Advisory councils, as an alternate to unionism, 3 AFL, see American Federation of Labor Allied Civil Service Conference of New York City, 143, 163 American Civil Liberties Union, 182 American Federation of Labor (AFL), position on police unions, 24-25; position on firemen's unions, 32-33; aid. to locals in the public safety departments, 37, 156, I81, I83 (see also International Association of Fire Fighters); affiliation of UFA, 111-112; Fire Officers Associations of New York City affiliate, 114-116; withdraw from, 117 Auerlcan Federation of State, County, Municipal Employees, AFL, 1; police unions affiliated with, 30-32 382

INDEX

38?

Associations among public safety department employees, see Unionism, Unions Babcock-Seelye Bill, proposed New York State pension legislation, 190, 191, 192-193 Baltimore case, on legality of public employee collective "bargaining, see Mugford vs. Mayor and City Council of Baltimore Bankers' Agreement with the City of New York, 169, 17O Bennett Amendment, see New York Statfe Constitutional Convention, 1938 Bingham, Police Commissioner Theodore Α., 55; removal of, 59, 86; attack upon the Police Lieutenants' Benevolent Association, 85-86 Bingham Police Act, 56-59, 89 Black Cavalry, police lobby, 58-59, 85 Boston police strike, 2, 26-27, 33-34, 121 Bureau of Municipal Research of New York City, 47, 60, 6l, 72-

73, 80, 83, 97, 113 Burkard, Joseph J. (president of PBA), 191, 202, 2O3, 204,208 Carter vs. Thompson, 37 Carton, John E. (a leader in PBA), 204, 205, 207, 211 Central Federated Union, AFL, 25 Central labor bodies, see New York Civil Service Society; Civil Service Forum; Joint Council of UFA and PBA; District Council; Central Federated Union, AFL; Central Trades and Labor Council, AFL Central Trades and Labor Council, AFL, 148, I81, I97, 216 Chief, The, ownership and editorship of, vili, 78; sale of, II8-II9 CIO, see Congress of Trai ustrial Organizations Citizens' Budget Cammission of the City of New York, see Economy groups in New York City. Citizens' committees, see Reform groups in New York City Citizens' Union of New York City, 4-7 , 72 , 99, 125, 126, 133, 138, 154-155, 174, 190, 198; see also Reform groups in New York· City City Club of the City of New York, 46, 47, 52, 99, 199, 145-146; see also Reform groups in New York City Civil liberties, see Right; Strike; Union publications Civil Service Assembly of the United States and Canada, 2, 23

384

FIREMEN'S AMD PATROLMEN'S UNIONS

Civil Service Forum, 82, 85-84, 91, 94, 98, 102, 103, 142, 166, 199; counter-organization directed, against the, 103-104, 105, IO6; on salary demands vs. the uniformed men, IO9-IIO, 123124; opposition toward the uniformed men, 131-132, 133; union opposition to, I66 Clapp, Gordon R., In support of public employee unionism, l6, 24 Clifford, Captain James D. (president of ÏMBA), 63, 64, 7475, 99; dismissal of, 63-64 Coane vs. Geary, status of the police departments and personnel thereof, 254-255 (n 33) Collective bargaining and/or the process of consultation and negotiation, legality of, in public agencies, 6-8, 18-19; correlative with the right to strike, 8; as the channel for democratic administrative processes, 12, 77, 119, 222, 248; the contract, 20-23; trade union practices adapted to public service, 21-24; the Hartford ordinance compelling, 32; distinction between appeal and consultation, 105; grant of individual appeal, 105, 144, 241-242; the demand for, in New York City, 166-I68; the lack of, 225-227, 227, 229, 232, 241-245; readiness for, 240; need for consultation, 247-248 Condon-Wadlin Act (New York State Anti-Strike Act), V Copgress of Industrial Organizations (CIO), counsel's statenent on the legality of public esg>loyee unionism, 18-19; not active among the uniformed men, 30 Court review of the congni Baioner ' Θ ordere· In the public safety departments in New York City, 57, 87-88, 231, 233; resort to suit, 64, 171, 179-180, 183, 220 Crane, John P. (a leader in UFA), I8I, 182, 216-219, 231 Dauntless League, 98-99, 100; see also New York State Permanent Firemen's Association Democracy in administration, see Administration and public employee unions District Council, central body of the unions In the Fire Department in 1919, II6-II7 Donovan, Raymond (a leader in FBA), 202-207, 209 Eaton, Dormán Β., Civil Service In Great Britain, cited, 48 Economy Act of 1934, I69-I7O, 197

INDEX

585

Economy groups In New York City, 62, 63, 67, 68, 80, 97, 102, 143-11*, 155, 157-163, 169, m , 17^, 185, 187, 188, 189, 190, 197; program o f , I58, 162; In p o l i t i c a l c o n t r o l , I6O-

161

Education programe and the Rev York City uniformed men's unions,

208, 235-236

Election a c t i v i t y on the part of the New York City uniformed men's unione, in 1894, 46; in 19OI, 52-53, 60; in 19O5, 54; in 1908, 5 5 ; in 1913, 81-82, 83, 87; of 1915, 90-91; in 1917, 81», 92, 101, IO5-IO6; in 1918, 128; of I919, 127, 12Ö-129; in 1920, I29-I3O; in 1921, 131-132; in 1925, l t ó , in 1928, 15Ê, 153; in 1929, 15^; in 1933, 163; in 1936, 195-196, 198; p o l i t i c a l strength o f , 228 E l l i s o n a f f a i r (PBA and the l i n e associations vs. Police Commissioner Woods), 89-90, 96, 234 finorgency Act o f 1934, see Economy Act of 1934 anployee i n t e r e s t s , of the Rev York City uniformed men, 3, 41, 69-70, 7 3 , 89, 9 5 / 1 3 8 , 164, 205, 206, 217, 219, 220-221 (see also Firemen's Mutual Benevolent Association of New York City; Hours of work; Patrolmen's Benevolent Association; Pension demands; Salary demands; Uniformed Firemen's Ass o c i a t i o n ) ; of municipal employee8 as shown in e x i s t i n g c o l l e c t i v e bargaining agreements, 20 Employment conditions, in public service, 9-10; in New York City, 14, 41-48, 52, 61, 62, 68, 78-79, 83, 97, 105, 108, 215, 216, 224-227, 229-231, 234, 243, 244-245; see a l s o Administrative attitude toward employee organizations in New York C i t y ; Merit syetem in the C i v i l Service Enright, Richard E . , as a leader among the uniformed men, 8487, 88, 8 9 - 9 2 , 94-96, 105, 106, 136, 137, 150, 220, 232, 234, 237; as police ccnmlssloner, 107-108; attitude toward police unionism, 120-121 Firemen's Association of the State o f New York, 149 Firemen's Mutual Benevolent Association of "New York City (FMBA), 61-67; investigation into, 67; ban against membership therei n , 67, 100, 104; organization pattern o f , 74-75; with the Dauntless League, 98-99; see also Hours of work Firemen's unions, 19-20; history o f , 33-39; challenge administ r a t i v e orders prohibiting, 35-37; status o f , 35-37; in New York C i t y , see Uniformed Firemen's Association

386

FIREMEN'S AND PATROLMEN'S UNIONS

Firemen's Wives associations, 66, 68, 182, 219-220. Fire officers associations in New York City, affiliated with IAFF, 114-115; withdrawal from IAFF, 116 FMBA, see Firemen's Mutual Benevolent Association FouIke, William Dudley, 2, 6, 52-53 Fraternal Order of Police, 1, 28-50; administrative opposition to, 29-30 Fraternal Order of Police vs. Harris, 29-30 Goethal's Police Bill, see Mitchel Police Bill Good government clubs in New York City, 46 Grievance machinery in employee relations, need for, 10, 80; Hartford Connecticut ordinance, 32; demand for in New York City, 167, 216, 229, 241-242 Guinness, Alfred E. (president of UFA), 101, I06, 113, 121, 125-126, 129, 131, 132, 136, 137, 139, 142, 147, 151 Harnedy, Patrick (president of, and leader in, PBA), 202, 203,

204, 205, 206, 212

Home rule, New York City public employee position on, 47, 73, 90, 9 1 , 1 3 3 , 222, 227, 228; exclusion of pension and wage laws therefrom, 186; firemen's eight-hour day referendum declared to be in violation thereof, 197-198 Hours of work, demands of the patrolmen for the Three-Platoon system, 53-56» reserve duty, 56, I5O; demands of the firemen, 61-62, 64; Two-Platoon struggle, 62-67, 98, 99, 99-100, 101, 1 5 0 - 1 5 1 , 17T, 1 8 I ; Croker trial, 65; effort for Three Platoons, 65-66, 114-115, 1 1 6 , 117, 124-126, 148, I5O-I52, 155157» 194-199, 218; firemen's two-platoon system established, 1 2 7 - 1 2 8 ; struggle for a state law for Two Platoons, I28-I3O; overtime, 175-177; V-Duty, 1 7 5 , I76, 214 Hutchinson vs. Magee, 36 Internal affairs within the New York City unions, PBA, 69-73, 92-96, 138-139, 146-147, 202-213; FMBA, 74-75; UFA, 139-141,

147-150, 213-219

Internal organization of the New York City unions, see Union Internal organization International Association of Fire Fighters, AFL (IAFF), 1,1$ 33, 35, 37, 30-39, 148, 1 5 I , 155, 157, 1 6 1 , 195, 2 1 3 , 214, 246; anti-strike constitutional provision, 38; UFA affiliation

INDEX

387

International Association of Fire Fighters, (Continued) with, 111-112; fire officers' associations affiliation with, 114-115; fire officers' associations withdrawal from, 116 Joint conmittee action, see Line associations amone the uniformed men In the Nev York City public safety de par tinenta Joint Council of UFA and PBΑ, 10Θ, 110-111, 121, 122, 122-124, 124-126, 130-135, 137, IUI, 142, 147, 155, 159, 186 Kane, Vincent J. (president of UFA), 147, 148, I 5 5 , 156, 159, 174, 175, I8I, 182, 187, 189, 194, 196, 197, 198, 200, 202, 213, 214, 215, 217, 228 Labor affiliation, see Unionism Lansing case, see Fraternal Order of Police vs. Harris. Lavine, Bnanuel Η., Cheese It, the Cops, 14, 17; The Third Degree, 45 Lexov Bills of 1895, 51-52 Line associations among the uniformed men In the New York City public safety departments, 41, 54, 58, 60, 68, 85, 89, 95, 98, 114, 123, 124, 131-132, Ite, 147, 159, 173, 189, 202, 213-214, 215; Joint committee action, 87, 94-96, 1 6 1 , 163; Mltchel's attempt to amalgamate the police associations, 103; Joint Conference among Fire Department organized men, 213214 McElligott, Fire Commissioner, on pension action, 193-194 McNatt. vs. Lowther, 35-36 Manpower shortages In the New York City public safety departments, 1 7 5 , 1 7 7 , 178, 180, 194; see also Overtia® in the New York City public eafety department« Merchants Association, see Economy groups in New York City Merlam, Lewis, Public Personnel Problems from the Standpoint of the Operating Officer, I 5 - I 6 Merit system in the civil service, in relation to unionism among public employees, 38, 49, 241; In the public safety departments in New York City, 41, 45-46, 48, 5 1 , 6l, 62, 89, 108, 164, 221, 234, 245 Military organization In the public safety departments, 12-13, 84, 229 Mill, John Stuart, Considerations on Bepresentative Government,

11, 238

388

FIREMEN'S AMD PATROLMEN'S UNIONS

Mitchel Police Bill of 191»», 87-88, 233 Moran, Joseph P. (president of PBA), 92, 94, 98, IO6, 121, 129,

136, 138, 139, 220

147, 158, 159, I86, 187, 200, 202, 207,

Mugford vs. Mayor and City Council of Baltimore, 21, 22, 257 Municipal employees, public opinion toward, 9-10, 32, 73» 80; morale In relation to unionism among, 10-12; unionization of, see Unionism Municipal ordinances, of Hartford protecting unlonsm, 32; of Dallasrestrictingfireman's unions, 35-36 Municipal public employee unions, 19-21; practices of, 21-23; constitutional prohibition upon the use of the strike, 23; see also Unionism; Union practices; Unions National Civil Service League, 6, 20 National Civil Service Reform League, 2, 3, 6,% 200 National Institute of Municipal Law Officers, 2, 6, 7, 8, 32 National Municipal League, 47· New York City Qnployeee' Conference Cornilittee, IO3-IO4 New York City uniformed men's unions, see Firemen's Mutual Benevolent Association;Patrolmen's Benevolent Association; Police Lieutenants' Benevolent Association; Uniformed Firemen's Association New York Civil Service Reform Association, 47, 48, 8l, 135,

199, 200, 221

New York Civil Service Society, supporting the firemen, 66; founding of, 8O-8I; Mitchel counterorganlzatlon against, 102-103; internal revolt in, 104; loss In membership, II8; dissolution of, 305 (n 70); see Priai, Frank J. New York Conference of Mayors and Other Municipal Officials, 47, 125, 158, 190, 208, 235 New York State Conference on Crime, the Criminal, and Society, participation of PBA In, 207-208 New York State Constitutional Convention, 1938, the pension amendment, 188-I89 New York State Defense Council, participation of UFA In, 214 New York State Federation of Labor, 124, I3I, Ι4θ, l6l, 181, 195, 19T New York State Fire Fighters Association, l4l, 149-150, 17? 213 New York State'Firemen's Association, Bee Firemen'e Association of the State of New York

IUDEX

389

Nov Tort State Patrolmen's Association, 54, 70-71, 92, 94, 13θ New York State Permanent Firemen's Association, 96, 149, 213; see also Dauntless League Rev York State Police Conference, 138, litó, 172, 188, 19O, 192, 202, 207-206, 246; on police action, 16-17; organization o f ,

28, 158

O'Reilly, Joseph J . (a leader in the uniformed men's unions),

63, 68, 76, 78-79, 81, 84, 94, 101, 105, 106, 109-112, 115, u s , 119, 125, 133, 13^, 13U-135, 137, 139, 1U1, i t e , 147,

ìua, 158, 185, 186, 187

Ostertag-Haanond Temporary Firemen and Patrolmen Act, 1943,

176-177, 203-204

Overtime In the Hew York City public safety departments, 175176, 177, 199, 332 Parkhuret, Charles H., 47, 50 Patrolmen's Benevolent Association (FBA), the.association's e f f o r t to federate police associations in the United States, 28; In New Yoik State, 28, I38, founding of, 1*9; salary demands in 1894, 50-51; Lelow B i l l s of 1895, 51-52; salary demands in 1897, 52; dwmandn for 11,000 minimum, 52-53, 59-61; e f f o r t for three platoons, 53-56; Bingham B i l l of 19O7, 5659; legislative programs, 69-70, 73, 95, I38; pattern of organization, 69, 92-94; Internal matters, need for legislative counsel, 69-70, 89-90, 96; with State Patrolman's Association, 7O-71, 92, 94; collaboration with the administration, 7 1 , 138, 146-147, 159; schisms within, 71-72, 135-136, 211-213; reformers' I913 attack, 72-73, 90, 96; Mitcbel Pol i c e B i l l of 1914, 87-88, 233; demand for democracy within the pattern, 92, 203, 204-205; salary demand during Mltchel's administration, 96, 98; during Hylan's administration, I09, 121-124, 130-134; movement towards unionism, 1 1 9 - 1 2 1 , 212; pension demands, 128, 135, I 6 I , 162, 172, 184-193; founding of the State Police Conference, 138; salary demands during Walker's administration, 152-155; against wage cuts, I58, 160, 161-162; during La Guardia'e administrations, I68-I7O; against probationer's salary cut, 171-172; increase demands, 172, 183; bonus struggle, 173-175, 177-179; against overtime, 175-176; opposition to Temporary Patrolmen Act of 1943, I76177; strength on Pension Boards, 193-194; participation In

390

FIREMEN'S AND PATROLMEN'S UNIONS

Patrolman's Benevolent Association (Continued) Governor Lehman's Conference on Crime, the Criminal, and Society, 207; the Vollmer program, 208; welfare activities of, 208, 209, 235; financial difficulties in PBA, 209-211; failure to protect the Police Relief Fund, 220; civil service demand on appointments in numerical order, 221; participation with other organized groups, see Joint Council of UFA and PBA Patrolmen's Wives Association, 60 PBA, see Patrolmen's Benevolent Association Pension demands, activity of the organized uniformed men to protect and extend, firemen, 137, l6l, 162, 172, 184-193, 21k, 235; power on the Fire Department Pension Board, 193194, 244; patrolmen, 128, 135, l6l, 162, 172, 184-193, 235; power on the Police Départaient Pension Board, 193-194, 244; program of the economy groups, 162 Pension Forum, 205, 212 Pittsburgh Rule against- firemen's unions, 36-37 Platt, Thomas C., 51-52, 63 PLBA, see Police Lieutenant's Benevolent Association Police as employees, police neutrality, 5, 15-17; police graft, 14, 44-45, 55, 57, 1^5, 234 (see Seabury investigation); police violence, l6, 89, IO8, 145, 234; status of, 29, 33, 254-255 (n 33); right to organize, 31 Police associations in New York City, disrepute of, 73, 90, 208; Ellison affair, 89-90; Mitchel attempt to amalgamate, 103; see also Patrolmen's Benevolent Association; Police Lieutenants' Benevolent Association; Union practices Police Department in New York City, proposals for reorganization; Lexow Bills, 51-52; McAdoo's 54; Bingham's Police Bill, 56-59; Mitchel Police Bill, 87-88; rules of department, 59, 75, 121 Police Lieutenants' Benevolent Association (F1£A), 59, 60, 8486; Bingham's attack upon, 85-86; I909 salary increase, 86; see also Enrlght, Richard E Policemen's unions, history of, 24-27; In Britain, 26; attack upon, 26-27; benevolent associations, 27-28; oppoeition to, 30-32; recent growth in, 3O; interest in New York City, II9121, 212 Political activity of the New York City uniformed nen's -unions, department rule and charter provision against, 59, 72, 121; see also Black Cavalry; Election activity; Employee interests; Union practices

INDEX

391

Political machine, the role of, In personnel management, 9, 43, 62, 71, 77-78, 85, 9β, 107-108, 118, 135.151t, i44, 152, 16O, 195, 225, 226, 228, 231, 252, 237 see also Enrlght, Richard £.; Priai, Frank J.; on police graft, on appointments, 45, 80; aid to associations, 52, 133-134; seek uniformed men's vote, 6l, 64, 128; on unionism, see Administrative attitude toward employee organizations in New York City Priai, Frank J., 81-82, 84, 104, 106, 109-110, II8-II9, 120, 123-124, 126, 133, 137, 141, 142, 152-153, 154, 165-I66, I69, 172, 187, 211, 237 Promotion in the New York City public safety departments, 14, 45, 73-74, 23O, 245; Woods* policy, 89 Public employment, conditions of, 5-4, 9-10, I5, 16, 25, 28; in New York City ( see also Administrative attitude toward employee organization in New York City; Employes interests; Enrlght, Richard E.; Political machine; Priai, Frank J.); public opinion toward, 44, 80, 256 Public employee unions, see Firemen's unions; Policemen's unions; Unionism; Unions Public safety departments, need for semlmllltary organization, 13; argument to Include In democratic management, 13-15; question of unionism In, I5-18; employment conditions, l6; public opinion toward, 42; personnel in New York City departments, 45, 220, 253, 243; see also Administration Referendum legislation in New York City on purely administrative matters, 126, 133-134, 152-153, 196-198, 227 Reform groups in New York City, 42 , 43-44, 45, 46-48 , 6l, 62, 72, 77, 79-80, 82-83, 87, 89, 90-91, 97, 99, 102, 146, 160161, 164, 184, 233; for police department reorganization, 56-58, 87-88; study of employment conditions, 61 "Revolt of the Cops," 55-56 Rhyme, Charles S., Labor Unions and Municipal Law, 21, 31· Right, of free speech, 159, 1Ö2, 219, 231 (see also Union publications ); to organize, 3, 3I, 1θ4, 115-116, 120, 232; civil liberties leeue, 29; to petition, 122, I27, 232; New York State constitutional protection, I67; due process protection for union members against union action 240; see also, Strike. Rules and regulations in the public safety departments of New York City, 59, 23O-23I; in Police Department, 59, 85, 121, 230, 241-242; court review of the commiseloner's decisions, 88, 233; in Fire Department, II6-II7, 127, 216, 241; rule making, 242-245.

392

FIREMEN'S AND PATROLMEN'S UNIONS

Salary demands, of the organized patrolmen in 1894, 50-51; of the organized patrolmen in 1897, 52; effort for the $1,000 minimum, 52-53; increases, 6O-6I; of the organized firemen in I895, 63; of the organized firemen in 1912, 66; of the organized f Irene η in 1917, 101; effort for the $1,000 minimum, 67-68; of the patrolmen in 191U-1918, 97-98; of the organized firemen, in 1917, 101; of the organized firemen in 1918, 108-110, 112-113; of the organized firenen in I919, 121-122; 1920 "salary melon," 122-124; of the organized firemen in 1921, I3O-I32; of the organized firemen in 1923, 133134; of the organized firemen in 1928, 152-153; of the organized firemen in 1929, 153-155; of the organized firemen in 1932, 158, 159-163; Walker's salary cut plan, I58-159; McKee'e ealary cut plan, 16O; December, 1932, legislative cut, 161-162; Pratt Bill, 1933, 162; of the organized firemen in 193^, I68-I7O; 1934 Economy Act, I69-I7O; of the organized firemen in 1935-1937, I7O-172; probationer'β cut, 171-172; of the organized firemen In 1939-1944, 171-173; bonus struggle, 173-175» 177-183; of the organized firemen In 1944-1945, 173-175, 177-183, ealary differentials, 243244 an Antonio Fire Fighters' Union No. 84 vs. Bell et. al., 56 eabury investigation, 144, 145-146, 234 Selective Service draft, 175, I79, 18O, 181, 214 Smith, Alfred E., 91, 126, 128, 129, 152, 153 Smith, Bruce, Police Systems in the United States, 13 Standardization of municipal employee salariée in New York City, 77, 82-83 State, the, as a "model employer," 3, 4, 9 State, County, Municipal Workers of America, see United Public Workers of America, CIO. State Police Conference, see New York State Police Conference Steffens, Lincoln, Autobiography of Lincoln Steffens, 43, 44, 57 Strike, the right to, 8, 24, II5-I16, 179; use by public employees, 2, 8, 15-16, 23-24, 33, 247; firemen's strikes, 36, 37-38; UFA during the building service employees' strike, 17; prohibitions against, 23, 179; International Association of Fire Fighters', prohibition against, 38; rumors of the threat to strike in New York City, lió, 120-121, I80, 237 "System, The," 45, 46, 57, 58

INDEX

393

Taxpayers' groupe, see Economy groupa Tead, Ordway, 2, 12 Temporary firemen and patrolmen, see Oetertag-Hammond Act Three-Platoon System, police struggle for, 53-56; firemen struggle for, 65-66, 114, II5, lió, II7, 124-126, 1 4θ, 15O-

152, 155-157, 19^-199, 218

Two-Platoon System, firemen struggle for, 62-67, 98-99, 99-100, 101, 150-151, 177, 18I; Croker trial, 65; established by departmental order, 127-128; State law drive 128-I3O UFA, see Uniformed Firemen's Association Uniformed Firemen's Association (UFA), founding of, 100-101; salary drive in I918, IO9-IIO, 112-113; in Joint Council, 110,134; affiliation with AFL, 111-112; with the fire officers ' unions, 116-117; during the rumors of a patrolmen's union, 121; salary drive in 1919, 120-122; "salary melon," 123; the Three Platoon demand in 1919, 124-126; the TwoPlatoon demand, 127, 129-I3O; civil rights, 127, 1Ô2; salary drive in 1921, I3O-I3I; on unionism, I3I; salary drive in 1922, 131-132; salary drive in 1923, 133-131+; veterans' issue, 137; in the pension struggle, 137, 161, 162, 172, 184-193; constitution of, 139-140; internal affairs of, 139141, 147-149, 213-219; the Three-Platoon demand in 1927, I5O152; salary drive in 1928, 152-153; salary drive in 1929, 153-155; the Three-Platoon demand in 1931-1932, 155-157; Kane on 1932 Walker Plan, 159; Chambers on the December, 1932, cut, lèij salary drive in 1941-1942, 172; V-Duty, 175, 176; the bonus struggle, 178,-179-183; Wives Association, 182, 219-22O; salary drive in 1944-1945, 183; on the pension board, 193-194; the Three-Platoon demand in 1936, 194-199 Union Counsel, New York City uniformed men's use of: Murphy, 69-7O; Clifford, 7^; Ellison, 87, 89-90, 95-96; O'Reilly, 101, 106, 110, 207, 246; Moran, 207; need for, in public employee unions, l4l, 206, 2O7, 222, 246 Union internal organization, of the New York City uniformed men's unions: FMBA, 67, 74-75; PBA, 69, 73, 92-94, 203-207, 213; need for democratic control, 92, 202, 203, 204, 206207, 212, 238-240; UFA, 139-140 Unionism (affiliation with organized labor) for public ençiloyee associations, problems raised, 1-2; argument against, 2, 3-8, 15-16, 30, 31, 32, 3^; argument for, 2-3, 8-19;

FIREMEN'S AND PATROLMEN'S UNIONS Unionism (Continued) political power of, 4, 5> 11-12; government neutrality endangered. thereby, 5» 15-17» among patrolmen, 5-6, 24-32, 119-121; discipline endangered thereby, 6; legality of, 6-8, 18-19j relation to employee morale, 10-12; as a means of functioning democracy, 12, 119, 222 , 248; as a matter of public policy, 19, 30-31, 32; among firemen, 19-20, 32-39; among patrolmen, 30-32; administrative attitude toward, in New York City, 76, 77-78, 96, 101-104, 112, 114, II5, 131; UTA affiliates, 111-112; in New York City, 111-114; fire officers' movement in and out, 114-116; rumor of, within FBA, 119-121; in New York State, 149-150; municipal employee movement toward, 105-168» relationship to the political control of personnel, 224, 225, 229, 2j6, 245; employee strength through affiliation, 245-246. Union prac.tices of the New York City organized uniformed men, legislative lobby in Albany for special legislation, 50, 52,

55, 56, 59, 60, 63, 64, 66-67, 70, 87, 97, 100, 117, 124-

125, 126, 127, 129, 130, 131, 133, 135, 152, 154, 158, 161, 162, 169, 170, 172, 176, 177, 183, 185, 186, 187, 188, 190, 196, 199, 208; contact with political leaders, 52 , 60, 126, 129, 183, I9I; pressure exerted on political party conventions, 55; legislative slush fund, 58-59» special press support, 60, 65, 66, 78, 118-119; petition to the Board of Estimate, 60, 65, 67, 98, IO9, 110, 1 1 2 , 1 1 3 , 121. 122, 123, 130, 132, 151» support of organizations and individuals, 64, 68, 124-125, 135, I50, 155, 159, 172, 182, 199, 219-220; pressure exerted upon the City Council, 64, 66, 100, I5I152, 156, 1 7 1 - 1 7 2 , 176; use of court suits, 64, I71, I79-18O, 183; legislative action on police graft, 68, 234; programs published, 69, 73, 95, 101, 124, 138; affiliation with organized groups, 83-84, 101, 111-112, 114-115, II6, 213-214; attack upon, or commendation of, the administration, 89-90, 92, 105; pressure on constitutional conventions, 99, I88; trade union publication, 117, publicity campaigns, 125, 134, I55, 156, 181, 182, 187; get out the vote on referenda, 133-I34, 135» 155» 197-198; collaboration with the administration, 146, 159, 236; see also Election activity; Welfare activities Union publications, The Fireman, 116-117; denial to publish, 117-118; recent UFA activity in, 218, 231-232 Unions among public employees, as a means of defense, VI, 3, 11-12; public policy toward, 8, 20-21, 32, 34-37; as

INDEX

395

Unions among public employees (Continued) quasi-unions, Ut-15, 20, 27-28, 30, 35-37, 67; 0'BeIlly on the recognition of, 76, IO5; danger of capture by political machine, 81-82; demand for democratic internal organization, 92, 203, 2014-207, 212, 233-2I+O; due process protection for members, 2h6; for New York City, see 1MBA, PBA, PLBA, UFA; public oontrol over, see United States vs. White United Public Workers of America, CIO, 1, 30 United States vs. United Mine Workers, v-vi United States vs. White, 239-240 Veterans Preference, 90-91, 135-136, 199-201 Voline r Program 208 Walker, Mayor James J., lk-2; his police commissioners and PBA, 144-145 Welfare activities carried on by the New York City uniformed men's unions, UFA, 149, 214, 234-235; PBA, 208-209, 235 Welfare Fund.in the New York City Fire Department, 215 Whitley Councils, see Advisory councils Woods, Police Commissioner Arthur, 89, IO6