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LABOR UNIONS AND THE PUBLIC SERVICE
  
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LABOR UNIONS AND THE PUBLIC SERVICE

On May 18, 1903, William A. Miller was removed by
the Public Printer from his position of Assistant Foreman
at the Government Printing Office. Mr. Miller
filed a complaint with the Civil Service Commission
alleging that his removal had been made in violation of
the civil-service law and rules. After an investigation
of the complaint, and upon July 6th, the Civil Service
Commission advised the Public Printer of its decision as
follows:

Section 2 of Civil-Service Rule XII, governing removals,
provides that no person shall be removed from a competitive
position except for such cause as will promote the efficiency
of the public service. The Commission does not consider
expulsion from a labor union, being the action of a body in no
way connected with the public service nor having authority
over public employees, to be such a cause as will promote the
efficiency of the public service.

As the only reason given by you for your removal of Mr.
Miller is that he was expelled from Local Union No. 4, International
Brotherhood of Bookbinders, you are advised that
the Commission cannot recognize his removal and must request
that he be reassigned to duty in his position.

Mr. Miller's complaint had also been filed with the


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President, under whose direction it was being investigated
by the Secretary of Commerce and Labor simultaneously
with the investigation by the Civil Service Commission.
As a result of such investigations, the following letters,
under dates of July 13 and 14, 1903, were written by the
President:

My dear Secretary Cortelyou:

In accordance with the letter of the Civil Service Commission
of July 6th, the Public Printer will reinstate Mr.
W. A. Miller in his position. Meanwhile I will withhold
my final decision of the whole case until I have received
the report of the investigation on Miller's second communication,
which you notify me has been begun to-day,
July I3th.

On the face of the papers presented, Miller would appear
to have been removed in violation of law. There is
no objection to the employees of the Government Printing
Office constituting themselves into a union if they so
desire; but no rules or resolutions of that union can be
permitted to over-ride the laws of the United States,
which it is my sworn duty to enforce.

Please communicate a copy of this letter to the Public
Printer for his information and that of his subordinates.

Very truly yours,
Theodore Roosevelt.
Hon. George B. Cortelyou,
Secretary of Commerce and Labor.
(Copy)
My dear Mr. Cortelyou:

In connection with my letter of yesterday I call attention
to this judgment and award by the Anthracite Coal
Strike Commission in its report to me of March 18th last:


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It is adjudged and awarded that no person shall be refused
employment or in any way discriminated against on account
of membership or non-membership in any labor organization,
and that there shall be no discrimination against or interference
with any employee who is not a member of any labor
organization by members of such organization.

I heartily approve of this award and judgment by the
commission appointed by me, which itself included a
member of a labor union. This commission was dealing
with labor organizations working for private employers.
It is of course mere elementary decency to require that
all the Government departments shall be handled in accordance
with the principle thus clearly and fearlessly
enunciated.

Please furnish a copy of this letter both to Mr. Palmer
and to the Civil Service Commission for their guidance.

Sincerely yours,
Theodore Roosevelt.
Hon. Geo. B. Cortelyou,
Secretary of Commerce and Labor.

September 29, 1903.

Pursuant to the request of Samuel Gompers, President
of the American Federation of Labor, the President
granted an interview this evening to the following members
of the Executive Council of that body: Mr. Samuel
Gompers, Mr. James Duncan, Mr. John Mitchell, Mr.
James O'Connell, and Mr. Frank Morrison, at which
various subjects of legislation in the interest of labor, as
well as executive action, were discussed. Concerning
the case of William A. Miller the President made the
following statement:

"I thank you and your committee for your courtesy,
and I appreciate the opportunity to meet with you. It
will always be a pleasure to see you or any representatives


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of your organizations or of your Federation as a
whole.

"As regards the Miller case, I have little to add to what
I have already said. In dealing with it I ask you to remember
that I am dealing purely with the relation of the
Government to its employees. I must govern my action
by the laws of the land, which I am sworn to administer,
and which differentiates any case in which the Government
of the United States is a party from all other cases
whatsoever. These laws are enacted for the benefit of
the whole people, and can not and must not be construed
as permitting discrimination against some of the people.
I am President of all the people of the United States,
without regard to creed, color, birthplace, occupation, or
social condition. My aim is to do equal and exact justice
as among them all. In the employment and dismissal
of men in the Government service I can no more recognize
the fact that a man does or does not belong to a union as
being for or against him than I can recognize the fact
that he is a Protestant or a Catholic, a Jew or a Gentile,
as being for or against him.

"In the communications sent me by various labor organizations
protesting against the retention of Miller in the
Government Printing Office, the grounds alleged are twofold:
1, that he is a non-union man; 2, that he is not
personally fit. The question of his personal fitness is
one to be settled in the routine of administrative detail,
and can not be allowed to conflict with or to complicate
the larger question of governmental discrimination for or
against him or any other man because he is or is not a
member of a union. This is the only question now before
me for decision; and as to this my decision is final."