the legitimate independence of employers. But they depend upon three definite factors: (1) A strong and well-disposed association on each side; (2) the fixing of wage-scales and working conditions by COLLECTIVE BARGAINING and joint agreement; and (3) the reference of unsettled grievances and complaints on either side to a joint board of union officials and the employers' association representatives. Where these factors prevail, the issue of open shop versus CLOSED SHOP becomes largely an academic one. The second form of open shop is commonly and more properly known as the "non-union shop"-that in which wages, hours, and working conditions are fixed by the employer instead of by joint agreement with a trade union, although no discrimination is shown against individual unionists in the matter of employment. The third form is the shop which is "open" to non-unionists, but is "closed" by the employer to trade unionists as such, although some form of COMPANY UNION may be permitted or encouraged. This is the "anti-union shop," or what unionists often call the "employers' closed shop" or "closed non-union shop." It is around the two last-described forms of open shop-those in which collective bargaining is denied by the employer -that the present "open shop controversy" is centred. The vital point in this controversy, as every employer and trade unionist knows, is the matter of collective bargaining. Discrimination or non-discrimination in the employment of individual unionists is of comparatively small importance. Trade unionism is effective solely by virtue of the principle of collective bargaining and collective action. As far as the "open shop campaign" aims to nullify or destroy that principle, it aims at the nullification or destruction of trade unionism itself. Carefully concealed as this fact is in most public discussions of the subject, it is nevertheless the heart and substance of the whole matter. (See AMERICAN PLAN; UNION SHOP; PREFERENTIAL SHOP; MIXED SHOP; LOCKWOOD COMMITTEE.

Open Trades. Those trades or occupations in which the trade unions concerned in no way restrict APPRENTICESHIP or the learning of their members' occupations by newcomers.

Open Union. A trade union in which membership is open to all workers in the same craft or occupation and locality, under uniform conditions which necessarily exclude no competent and honest member of the trade. This is by far the prevailing type in all countries. Opposed to this type is the so-called CLOSEd union, which endeavors to secure a monopoly of the employment in its field for a comparatively small number of workers.

Operative. (1) Any industrial worker, particularly one employed in a mill or factory, is commonly so called in England. The term is also used in the same sense in the United States, although much less generally. (2) A private detective, or UNDER-COVER man.

Operator. In American coal-mining, the person, firm, or corporation in direct control of the working and management of a mine, whether as owner or lessee, is known as the "operator." As the anthracite coal-mines are largely owned or controlled by railroad companies, the term "independent operator" is often applied to an operator other than a railroad corporation.

Opportunist, Opportunism. In the field of SOCIALISM or labor, an "opportunist" is one who believes in advancing his cause by taking advantage of opportunities and circumstances as they arise, without much regard to fixed principles, consistent practice, or ultimate objectives. Opportunism is the policy of moderate, as opposed to extremist, socialist and labor leaders. (See IMPOSSIBILIST.)

Order System. See TRUCK SYSTEM.

Organization by Function. See FUNCTIONAL DEMOCRACY.
Organized Scabbery. See UNION SCAB.

Organized Short Time. See SHORT TIME.

Organizer. A trade union official whose function it is to promote the UNIONIZATION of unorganized workers, and to carry on general propaganda work in behalf of trade unionism. In the case of a newly formed national union this function is often assigned to one of the national executive officers; but as the union grows in size and strength the work is usually delegated to one or several permanent travelling officials, who often act as STRIKE DEPUTIES and perform other field duties as well. The AMERICAN FEDERATION OF LABOR employs a considerable number of salaried organizers, besides many volunteer workers who are usually paid on a commission basis. The work of these organizers consists in the formation and building up of local unions in trades or industries in which no national union exists, in assisting the national unions in the organizing of their trades or industries whenever possible, and in the settlement of disputes, the supervision of strikes, and other work of maintenance and conservation-both for the local unions directly affiliated with the Federation and for other unions whenever called upon. (See DEPUTY SYSTEM; BUSINESS Agent.)

Organizing District Delegates. See BRITISH TRADE UNION ORGANIZATION.

Osborne Judgment. A notable decision rendered in December, 1909, by the British House of Lords, acting in its judicial capacity as the highest Court of Appeals. Formally, this judgment decided only that W. V. Osborne, a member of the Amalgamated Society of Railway Servants, was entitled to restrain that trade union from making a levy on its members and from using any of its funds for the purpose of supporting the British Labor Party, or maintaining members of Parliament. In effect, however, it crippled all British trade unions by virtual prohibition of political and educational work on their part, and association for common purposes in other labor bodies. While partly modified by the TRADE UNION ACT OF 1913, the Osborne judgment has not yet been completely overruled. (See TRADE UNION ACT OF 1871.)

Out-of-Work Benefits. Payments made by a trade union or by the public authorities to workers who are temporarily unemployed. In England, this is the most important of all trade union BENEFITS. Aside from its protection of the individual from destitution while he is finding a new position, from the trade union point of view it also protects the STANDARD RATE and other normal conditions of employment from being broken down by the competition of union members driven by necessity to accept the employers' terms. In England, the out-of-work benefit is sometimes called "idle money," or more commonly the "donation." (See UNEMPLOYMENT INSURANCE; TRAVELLING BENEFITS; VICTIM PAY; REGISTRY SYSTEM.)

Outlaw Strike. See INDEPENDENT STRIKE.

Outlaws. A term applied in labor circles to individuals, groups, or shops that have broken away from their "regular" trade union jurisdiction. An outlaw shop is one that refuses to accept the collective agreement between the workers and the employers in an industry. An outlaw LOCAL is one that has seceded from its national or international union, or that has been expelled. (See VACATIONISTS; SECESSIONISTS; INDEPENDent Strike; RUMP UNION.)

Output Committee. See TIMEKEEPING COMMITTEE.

Outside Shop. See INSIDE SHOP.

Outside Union. A term frequently used by employers in designation of any local or national labor organization in the regular trade union sense. The employer who uses this term obviously im

plies that his own workers are organized in an "inside" or COMPANY UNION, but this is by no means always the case.

Outwork. Any arrangement under which industrial operations are carried on elsewhere than in a factory or workshop provided and controlled by the employer of the workers. "Outwork" and HOME WORK are in the main synonymous terms, although outwork is not invariably home work. For instance, a group of garment finishers, working for a contractor or sub-contractor, may collectively hire one or more rooms outside their own homes, which they use solely for the purpose of a common workshop. Their work is thus outwork, but not home work. (See OUTWORKER.)

Outworker. In the commonly accepted definition, "a person to whom articles or materials are given out to be made up, cleaned, washed, altered, ornamented, finished, repaired, or adapted for sale in his own home or on other premises not under the control or management of the person who gave out the articles or materials." (See OUTWORK.)

Over-All Time Study. The process of determining, usually with an ordinary watch, the amount of time required in a complete industrial operation, the result being sometimes made the basis of a piece-rate wage. This should be carefully distinguished from the TIME AND MOTION STUDY of SCIENTIFIC MANAGEMENT, which consists in "the analysis of operations into their elementary units, the determination of the best methods and time for the performance of each of these units, and their summation into a total time for the entire job." (See EMERSON SYSTEM.)

Over-Driving. See SPEEDING UP.

Over-Production. In a correct economic sense, this term does not necessarily imply that more has been produced of an article than can be consumed or used, or even sold. It means, according to Clay, that "more of the article has been produced than can be sold at a price big enough to repay its makers the cost of production, plus sufficient profit to induce them to go on producing at the same rate." Upon this point is based one of the arguments commonly urged in defense of LIMITATION OF OUTPUT as a workers' policy. "It is because more goods are made than can be bought by people who want to buy them, it is argued, that the mills have to stop working, and widespread industrial depression occurs. So far as restriction of individual output would increase the aggregate share of the wage-earners in the social product, it would modify the tendency to industrial de

pression, by increasing consumption; for almost all which the wageearners are able to get is immediately consumed. But, beyond that, overproduction would be directly diminished by so much as each individual worker should diminish his own product." (See UNDERCONSUMPTION THEORY.)

Overlap. As described by Mr. and Mrs. Webb, "an 'overlap' between two trades, leading to a dispute as to which section of workmen has a 'right' to the job, may occur in more than one way. A new process may be invented which lies outside the former work of any one trade, but is nearly akin to two or more of them. In such a case, each trade will vehemently claim that the new process 'belongs' to its own members, either because the same material is manipulated, the same tools are used, or the same object is effected. But even without a new invention the same conflict of rights may arise. The lines of division between allied trades have hitherto often differed from town to town, and the migration of employers or workmen, or even the mere imitation of the custom of one town by the establishments of another, will lead to serious friction. A new firm may introduce fresh ways of dividing its work, or an old establishment may undertake a new branch of trade. There may even be an unprovoked and naked aggression, by a strongly organized class of workmen, upon the jobs hitherto undertaken by a humbler section." Disputes concerning "overlap" (generally called "demarcation disputes" in England and "jurisdictional disputes" in America), while always frequent and often serious in the trade union world, occasionally develop into industrial wars of the first magnitude. The terms "encroachment" and "trespass" are sometimes used in a sense generally synonymous with "overlap." (See JURISDICTION; DEMARCATION; RIGHT TO THE TRADE; VESTED INTERESTS DOCTRINE.)

Overman. In British coal-mining operations, a petty official having charge of some section of the work below ground.

Overstrain. See FATIGUE.

Overtime. Time worked beyond the number of hours established by COLLECTIVE BARGAINING, by custom, or by law as comprising the NORMAL DAY OR WEEK in a particular industry, occupation, or industrial plant, or time worked on Sundays and holidays, is so called. The increased rate of pay commonly demanded by organized employees for such extra working time is often known as "punitive overtime," the trade union theory being that it is usually unnecessary and always undesirable to have overtime, and that the increased rate of payment is a penalty against the employer and intended to