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COLLECTIVE B AR G AIN IN G PR O VISIO N S
General W age Provisions
Bulletin N o. 90 8 -8
UNITED STATES DEPARTMENT OF LABOR
L. B. S c h w e l l e n b a c h , S ecretary
BUREAU OF LABOR STATISTICS
E w a n C l a g u e , C om m issioner
UNITED STATES GOVERNMENT PRINTING OFFICE, W ASHINGTON: 1948
For sale by the Superintendent of Documents, U. S. Government Printing Office, Washington 25, D. O.
Price 25 cents
Letter o f Transmittal
U nited S tates D epartm ent of L abor ,
B ureau of L abor S t a t ist ic s ,
W ashington , D . C., May 14, 1948.
The S ecretary of L abor :
I have the honor to transmit herewith the eighth bulletin in the series on
collective bargaining provisions. The bulletin deals with general wage pro
visions, and is based on an examination of collective bargaining agreements on
file in the Bureau. This chapter was prepared by, and under the direction of
Abraham Weiss and by Eleanor R. Lehrer of the Bureau’s Division of Industrial
Relations, Boris Stern, Chief.
E w a n C lague , Commissioner .
Hon. L. B. S ch w e l le n b a c h ,
Secretary o f Labor .
u
Preface
As early as 1902 the Bureau o f Labor Statistics, then the Bureau o f
Labor in the Department o f the Interior, recognized the growing im
portance of collective bargaining, and published verbatim the bitu
minous coal mining agreement of 1902 between the Associations o f
Coal Mine Operators o f Pennsylvania, Ohio, Indiana, and Illinois and
the respective districts o f the United Mine Workers of America. Since
1912 the Bureau has made a systematic effort to collect agreements be
tween labor and management in the leading industries and has from
time to time published some of those agreements in full or in sum
mary form in the Monthly Labor Review.
The first bulletin entirely devoted to collective bargaining agree
ments was published in 1925 under the title “ Trade Agreements in 1923
and 1924.” Similar annual bulletins were published in 1926,1927, and
1928. These bulletins analyzed only outstanding agreements affecting
certain industries and certain skilled crafts in which collective bar
gaining has followed a more or less established pattern.
No bulletins in this field were published by the Bureau between
1928 and 1942—a period during which collective bargaining first lost
ground in the depression and then made rapid strides following the
enactment of the National Labor Relations Act in 1935. The growth in
trade-union membership from fewer than 4,000,000 workers in 1935
to more than 10,000,000 in 1942 not only resulted in a large increase in
the number of collective agreements covering industries hitherto not
included under collective bargaining, but also extended the scope and
area of bargaining in individual industries. In recognition of this
development, the Bureau’s 1942 report on union agreements (Bulletin
No. 686) dealt with provisions and clauses on particular labor-manage
ment problems rather than with the agreements of each union or
industry separately.
The substance and character of collective bargaining agreements
change continuously, and many of the clauses and provisions covered
in Bulletin No. 686 underwent significant changes during the war
emergency, as a result not only of the normal processes of collective
bargaining but of the decisions of the National War Labor Board.
New problems meant new clauses and new provisions. The Board also
gave added impetus to certain forms of union security, and to certain
practices, now deeply imbedded in the entire field o f labor-manage
ment relations*
m
IV
PREFACE
The liquidation o f the Board, and the renewal of emphasis on free
collective bargaining after VJ-day, led to a tremendous increase in
the demand for information on specific current provisions in agree
ments. Urgent requests came from employers and unions, from the
United States Conciliation Service, and from mediators and arbitra
tors engaged in settling or preventing labor-management disputes.
It was largely in response to these requests that the Bureau of Labor
Statistics undertook to revise and bring up to date the material on
union agreements.
In this revision two significant departures have been made: (1) A c
cumulation of data has made possible the use of a larger sample than
was possible heretofore. (2) The information will be presented in a
series o f small bulletins, each stressing a major area or significant
problem o f collective bargaining. This will permit the material for
each major problem to be published as rapidly as finished without wait
ing until all of the subjects of collective bargaining are analyzed. It
will have the advantage of greater flexibility in handling specific re
quests for material from employers, unions, and the public. Some
clauses are more or less stable and undergo relatively minor changes
even over a considerable period of time and therefore need only occa
sional revision, whereas others undergo rather rapid change. Also,
as new issues develop it will be possible to add new bulletins to the
series without revising those already published.
The clauses used are designed to facilitate, but not to condition, the
bargaining process. No special attempt has been made to determine
the prevailing industry practice or the most frequently used provisions.
The clauses are presented, not as models, but as a source of reference
for those who participate in collective bargaining negotiations, by
making available to them a wide variety of provisions on the specific
subjects under consideration. An index of all the contract clauses
quoted, with a brief description of each clause, is appended to each
report.
This report dealing with general wage provisions, is the eighth in this
Collective Bargaining Provisions series. The bulletins already pub
lished are as follow s:
908
Union Security Provisions.
908-2 Vacations; Holidays and Week-End Work.
908-3 Incentive Wage Provisions; Time Studies and Standards
o f Production.
908-4 Apprentices and Learners.
908-5 Discharge, Discipline, and Quits; Dismissal Pay Pro
visions.
908-6 Leave o f Absence; Military Service Leave.
908-7 Promotion, Transfer, and Assignment; Lay-Off, WorkSharing, and Keemployment.
Contents
G eneral W age Provisions
Page
Introduction----------------------------------------------------------------------------------------General wage clauses----------------------------------------------------------------------------Statements of wage policy: Clauses 1-8------------------------------------------Method and allocation of general wage increase: Clauses 9-23______
Restrictions on wage reductions: Clauses 24-32____________________
Basic wage rate structure______________________________________________
Minimum and hiring rates: Clauses 33-53--------------------------------------Job evaluation____________________________________________________
Installation and administration: Clauses 54-59_________________
Evaluating new and changed jobs and handling evaluation dis
putes: Clauses 60-71________________________________________
Rate status of incumbents when jobs are evaluated below present
scale: Clauses 72-73________________________________________
Job classification and reclassification: Clauses 74-87________________
Wage differentials_________________________________________________
Equal pay clauses: Clauses 88-114____________________________
Differentials for older and handicapped workers: Clauses 115-122.
Differentials based on product or location of plant: Clauses 123126_________________________________________________________
Differentials for part-time and temporary employees: Clauses 127132............................................
Wages paid under specified conditions__________________________________
Transfer rates_____________________________________________________
Temporary transfers: Clauses 133-146______________________ ._
Permanent transfers: Clauses 147-161_________________________
Other transfer pay clauses: Clauses 162-169___________________
Minimum call and call-back pay___________________________________
Reporting or call pay: Clauses 170-195________________________
Call-back pay: Clauses 196-212_______________________________
Waiting and stand-by time: Clauses 213-229_______________________
Supplements to basic wage rates________________________________________
Premium pay for dangerous or special work: Clauses 230-262_______
Pay for nonoccupational activities: Clauses 263-272________________
Monetary allowances for expenses related to work: Clauses 273-299.
Non-monetary allowances: Clauses 300-312________________________
Deductions from wages: Clauses 313-328_______________________________
Retroactivity of wage increases or adjustments: Clauses 329-336________
Period and form of wage payment______________________________________
Pay day: Clauses 337-359_________________________________________
Methods of paying wages: Clauses 360-376-------------------------Wage information furnished to union: Clauses 377-382__________________
Index_________________________________________________________________
v
1
1
2
3
6
7
7
11
12
14
16
17
21
22
29
31
32
33
33
34
36
40
42
42
48
51
55
55
61
63
69
71
74
76
76
79
82
85
Bulletin 7$o. 908*8 o f the
U nited States Bureau o f Labor Statistics
Collective Bargaining Provisions
General Wage Provisions
Introduction
Wage provisions have always been the most important part of the
collective labor agreement. As collective bargaining has progressed
and industrial relations have grown more complex, wage provisions
have become more elaborate. They now deal with a great variety of
factors affecting the worker’s income, in addition to basic wage rates
and wage increases, such as hiring-in rates for experienced and inex
perienced employees; progressions in individual rates; job evaluation
and classification; premium pay for special types o f activities; call-in
pay; down-time pay, length o f pay-roll periods; pay rates o f em
ployees transferred to classifications having lower or higher scales, and
various “ fringe” issues.
Complete schedules o f job classifications and wage rates, if included,
are frequently incorporated as supplements or appendices to agree
ments. Since such itemized schedules are generally peculiar to the
particular industries and often to the individual plants involved, no
examples are shown here. The clauses that are presented relate to
wage provisions o f a more general significance. Where specific wage
rates are mentioned in the clauses that follow, they are incidental and
are not intended to be representative o f industry as a whole, or o f the
particular industry.
Other bulletins deal with such aspects as individual and general
wage adjustment plans, wage-incentive *plans, and time studies and
standards of production.
General Wage Clauses
Some agreements do not specify minimum or hiring rates, but con
tain only a statement of the general wage policy or indication that
there shall be no change from current rates. Others contain clauses
specifying the wage changes which employees are to receive as a result
o f the negotiations. The increases may be specified as a flat cents
X
2
COLLECTIVE BARGAINING PROVISIONS
per-hour or as a percentage. Generally, increases are given “ across
the board” to all present employees; but some clauses limit raises to
specific groups or classifications.
Some agreements which provide for a general wage increase specify
its application to incentive workers. In some instances the increase is
applied to the base rate of such workers; in others, it is added to their
current earnings.
Many agreements prohibit reductions in the hourly rates of any
worker so long as he continues on the same job or does the same type
and class o f work. For example, clauses frequently forbid the reduc
tion of wages of an employee receiving a higher rate than is provided
by the agreed-upon wage scale. Where wage reductions are permitted,
the employer may be required to give the union advance notice or to
obtain its consent. Protection against wage reductions is implicit in a
clause which fixes rates o f pay for the life of an agreement.
STATEMENTS OF WAGE POLICY
1. Company to Pay Prevailing Wages in Area
The company will maintain the policy of paying as high wages under as favor
able hours and working conditions as prevail in manufacturing establishments
engaged in similar classes of work in the — area.
2. Wage Policy Keyed to Prevailing Area—Industry Wages and Cost of Living
In addition to keeping wages at levels that will compare favorably with other
[name of product] factories in this area the company and the union state as a
principle that wages should vary with the cost of living as shown by recognized
figures published by the U. S. Department of Labor. I f Department of Labor
figures become available for this community these local figures should be used
in preference to the national average.
3. Average Wage Paid to Fall in Upper Third of Wages Paid by Competing Area
Firms. Wage Surveys Made Jointly
As frequently as may be practicable and necessary the company from time to
time will, with the union cooperating, make surveys of wages being paid by
other — factories located within 150 miles of [city]. Whenever, after such a
survey, it is found that the company is not paying an average wage higher than
two-thirds of the factories surveyed it will immediately raise its wages to the
point where its average wage will be within the upper third of that list.
4. Weekly Minimum to Exceed jSegal Minimum by One Dollar
Should Federal or State legislation be enacted revising the present minimum
wages under the law then it is agreed that the minimum wages under this agree
ment shall at least be one dollar ($1) in excess of the minimum provided by
Federal or State legislation and at any rate not less than above specified.
5. Plant Wage Structure Under Master Agreement Subject to Local Bargaining.
Consideration to Area Wage Rates
The wage rate structure for each division or plant is necessarily a matter
subject to local negotiations between the plant managements and the local bar
gaining committees, giving due consideration to the local circumstances affecting
each plant and the prevailing level of wages in the community.
3
GENERAL WAGE PROVISIONS
6. Local Wage Scales Set by 'Negotiations Between Parties; Factors To Be Con
sidered in Setting New Wages
The establishment of wage scales for each operation is necessarily a matter
for local negotiation and agreement between the plant managements and the
shop committees, on the basis of the local circumstances affecting each operation,
giving consideration to the relevant factors of productivity, continuity of em
ployment, the general level of wages in the community, and the wages paid by
competitors.
7. Craft Agreement—Higher Rate Prevailing in Sister LocaVs Territory to Prevail
for Work in That Area
The rate of wages to be paid shall be as hereinbefore stipulated, except in such
instances where the job may be under the jurisdiction of some other local union
o f the [International]. Then if the rate of wages of said local union in that
jurisdiction is higher, they shall prevail.
8. Wage Rates Predicated and Based on Specified Minimum Daily Production
The wage rates above fixed and specified are calculated, predicated, and based
upon the minimum daily production o f not less than 2,000 pounds of compound
from the roll, on rolls number 1, 2, and 4, and the minimum daily production of
not less than 1,500 pounds of compound from the roll, on roll number 3, provided
the compound roll operators are furnished with proper quality materials and
proper working conditions and facilities.
METHOD AND ALLOCATION OF GENERAL WAGE INCREASE
9. Wage Increase in Cents Per Hour
The company agrees to increase wages ten cents ($0.10) per hour effective
[date], for all employees covered by this agreement.
10. Flat Wage Increase for Monthly and Hourly Paid Employees
Effective [date], all monthly paid employees covered by provisions of this
agreement shall receive an increase in wages of ten dollars ($10) per month
over rates of pay in effect August 31, ------. Effective [on preceding day], all
hourly paid employees shall receive an increase in wages of six (6) cents per
hour over rates of pay in effect August 31,------ .
11. Amount of Increase Graduated to Weekly Salary
Each employee on the pay roll—at the effective date of this agreement and
covered by it, whose regular weekly salary prior to such date was less than one
hundred twenty-five dollars ($125) and who is not entitled to An increase
at such date under the minimum salary scales or rates provided in paragraph
(2 ), (3, (4), (7 ), or (8 ), shall receive an increase in weekly salary in accordance
with the following schedule:
W eekly salary prior to
effective date of agreement
Increase applicable to
such weekly salary
Less than $25.00---------$25.00 through $29.99__
$30.00 through $34.99__
$35.00 through $39.99__
$40.00 through $44.99—
$45.00 through $49.99—
$50.00 through $54.99—
$55.00 through $64.99__
$65.00 through $79.99__
$80.00 through $99.99__
$100.00 through $124.99.
_______$5. 00
______ 5.25
______ 5.50
______ 5.75
______ 6.25
______ 6.75
______ 7.25
791531°—-48------ 2
______
8.00
______
9.00
______10.00
______ 11.00
4
COLLECTIVE BARGAINING PROVISIONS
and each such employee who is entitled, under the minimum salary scales or
rates provided in paragraph (2 ), (3), (4 ), (7 ), or (8 ), to an increase atsuch
effective date which does not equal or exceed the applicable amount in the fore
going schedule, shall receive an additional increase in weekly salary equal to the
difference between the increase under paragraph (2 ), (3 ), (4), (7 ), or (8) and
such applicable amount.
12. Amount of Increase Graduated to Hourly R ates; Increases Added to Present
Minimum and Maximum of Rate Range
Effective October 2 7 ,------ , the established rates of pay of each employee in
effect on October 26,------ , shall be increased as follow s:
Employees receiving $1.50 and over per hour 9 cents per hour increase
Employees receiving $1.25 to $1.49 per hour 8 cents per hour increase
Employees receiving $1.00 to $1.24 per hour 7 cents per hour increase
Employees receiving less than $1.00 per hour 6 cents per hour increase
The above increases shall be payable only to those employees on the pay roll
on the date this agreement providing for the increases is actually signed. The
above increases shall be added to the minimum and maximum of the wage rate
range for each job classification as they existed on October 26,------.
13. Average Increase Expressed in Cents Per Hour. Specified Part of Total
Increase to all Employees; Balance Given to Certain Classifications
Effective [date] there shall be an average increase in wages of eighteen and
one-half cents (lS 1/ ^ ) per hour, such increase to be applied as follows:
7% cents to all employees, 5 cents o f which is to be retroactive to [date].
The remaining 11 cents is to be distributed through the job classification start
ing with the rate range of 75 cents to 84 cents for labor grade No. 11.
14. Same Percentage Increase to Time and Pieceworkers
Commencing with [date] all week workers shall receive an increase o f ten
percent (10%) over their present wages, and all piece workers shall receive an
increase of ten percent (10% ) over their earnings as presently calculated.
15. Differential in Hourly Increase for Day-Rate and Piece-Rate Jobs
All day rate jobs will be increased 14 cents per hour.
All piece-rated jobs to be increased 10 cents per hour on the base rate and 10
cents per hour on the piece rate.
16. Flat Wage Increase Added to Base Rates of Piecework Jobs. Past Increases
Incorporated into Base Rates
The company agrees to grant an increase in pay to all hourly paid workers
within the bargaining unit of ten cents (10$) per hour and, further, to increase
the base rates of all piecework jobs by an amount that will allow an average
increase to the employee of ten cents (10$) per hour for the same number of
units as produced on an average of each job over a period of 4 weeks. At the
same time the increases granted to employees over the past few years amounting
to twenty cents (200) per hour shall be incorporated into the base for each
particular job.
17. Flat Increase Added to Piece-Rate Earnings
The day rates of all employees presently employed and the maximum and
minimum rates of all classifications shall be increased by the sum of fourteen
GENERAL WAGE PROVISIONS
5
cents (14#) per hour; each employee being paid at the piece rate shall be paid
in addition to his piece-rate earnings and the flat hourly additions to piecework
earnings previously in force, the sum o f fourteen cents (14$) for each hour
worked at piece rate.
18. Flat Increase Added to Pieceworker's Earnings; Probationary Employees
Excluded from Increase
All regular employees who are regularly paid at an hourly rate shall have
seven and one-half cents ($0.07%) added for each hour worked in addition to
their regular hourly rate.
All regular employees whose earnings are calculated on a piecework basis
shall have seven and one-half cents ($0.07%) per hour added to their piecework
earning for each hour worked.
No probationary employee, whether on an hourly rate or a piecework rate,
shall receive the seven and one-half cents ($0.07%) per hour additional until they
have completed their probationary period and have been certified.
19. Formula for Converting General Wage Increases Into Piece-Rate Structure
Each mill shall incorporate all general wage increases granted since 1942
amounting in total to forty-three and one-half cents (43%$) into its piece rates
on the following basis:
1. All amounts paid to piece-rate workers on an hourly basis will be eliminated,
and
2. Present unit piece rates shall be increased by a percentage equal to the
present 43% cents divided by the present hourly base rate excluding the 43%
cents, i. e.,
43% cents
percent of increase of
Present hourly base rate
unit piece rates
except where the application of this formula would result in an increase in the
adjusted hourly earnings of a classification o f pieceworkers by more than 5
cents above the actual hourly earnings, in which case the piece rates shall be
adjusted so that the adjusted hourly earnings of the classification will be 5
cents above the actual hourly earnings of the classification. The foregoing
exception shall not apply to doffers rates in [city].
3. “Present hourly base rate” is defined as the rate excluding 43% cents an
hour actually used by each mill in determining piece rates.
4. “Adjusted hourly earnings” shall mean average straight-time hourly earn
ings during the representative period figures as if the unit piece rates had been
adjusted as set forth above.
5. “Actual hourly earnings” shall mean actual average straight-time hourly
earnings (including 43% cents) during the representative period.
6. Unless otherwise agreed between the union and the individual mill, the
“ representative period” shall be the 4-week period ending October 11 or Novem
ber 1 ,------ (at the employer’s option).
7. “ Classification of pieceworkers” shall mean the department, occupational
group or job classification customarily established in the individual mill. Where
there exists uniform piece rates within any particular plant (i. e. group o f build
ings or mills situated on contiguous realty) o f an employer, this formula shall
be applied so as to maintain uniformity.
20.
General Wage Increase not Applicable to Payment of Incentive Workers
The companies agree to grant a general wage increase to all hourly-paid em
ployees covered by this agreement o f 11% cents per hour effective on April 1,
6
COLLECTIVE BARGAINING PROVISIONS
------. This general increase is to be applied for all purposes, such as overtime,
guaranteed rates, hiring rates, vacations, and night-turn bonus, but not for the
payment of incentive workers. The application of the wage increase granted In
the settlement of May 9 , ------ , will continue in effect without change—that is,
there will be no change in the calculation and payment of incentive earnings to
incentive workers or in the calculation and payment of night-turn bonus to incen
tive workers and day workers.
21. Specified Amount Set Aside to Correct Wage Inequities During Contract Year
In addition to those raises, an amount equivalent to one-half cent (% 0 ) per
hour for all employees on the pay roll May 1 9 ,------, and it is agreed that the
number on the pay roll on this date was * * * shall be used for the purpose of
correcting inequities in wage and salary rates arising during the ensuing year
among hourly and salary rated employees.
22. Wage Increase Constitutes Settlement for Portal-to-Portal Claims
The company agrees to grant an increase of l i y 2 cents per hour in all wage
rates, effective for the contract year, and to include same in the base rates for
bonus computation, provided the company shall not be required to pay any addi
tional amounts for claims based on so-called portal-to-portal activities prior to
the date hereof. Therefore, it is agreed by the company and the union, acting
for itself and for all present members of unit B, that the increase in wages men
tioned above shall be paid and received in compromise settlement, full payment
and release of all suits and claims for so-called portal-to-portal activities on
company premises prior to the date hereof.
23. Time Lag in Receipt of Increase by Employees Earning Over Set Amount
All jobs above $1.06 per hour as evaluated shall be increased fifteen cents (15$)
per hour on May 16,------ [effective date of contract] and two cents (2$) per
hour on December 15,------. The fifteen cents (15$) per hour is retroactive from
February 1 ,------ , to May 16,------ , payable on December 1 ,------ .
All jobs at $1.06 per hour and below as evaluated shall be increased seven
teen cents (17$) per hour on May 16,------, and shall be retroactive from February
1 ,------ , to May 16,------, payable on December 1 ,------ ,
RESTRICTIONS ON WAGE REDUCTIONS
24. No Wage Reduction During Agreement
There shall be no reduction of wages during the term of this agreement.
25. No Reduction in Wages Paid Present Employees
There shall be no reduction in the pay, base pay and /o r rate of commission of
any present employee during the life of this contract.
26. No Reduction of Above-Minimum Rates or More Favorable Working Con
ditions
Any employee receiving a higher rate of pay or more favorable working con
ditions than the provisions of this agreement provided for at the time of its
adoption, shall not suffer any reduction in pay or abrogation of said favorable
working conditions.
27.N o Reduction of Above-Minimum Rates Unless Employee Reclassified. to
Lower Job
It is understood that employees receiving in excess o f the above minimum rates
shall suffer no reduction in rates by reason o f this agreement, unless reclassified
to a lower rated job.
general w age
p r o v is io n s
7
28. No Reduction of Above-Minimum Rate but Employee Excluded from Future
Increases Until Pay Equalized
In case any employee, who is now receiving a higher wage than is provided for
in this agreement, in his classification, he will not suffer a reduction in wages
by the signing of this agreement. However, at the next adjustment of wages
no change will be made in any employee’s wage who is being paid at a higher
rate than provided in this contract for the class in which he is working until
his pay is equalized with other employees of the same class.
29. No Wage Cut for 8-Year Men When Laid Off or Down-Graded Due to Lack
of Work
No employee who has been continuously in the employ of the company for
3 years or more will have his salary reduced during the term o f this contract
by reason of lay-off or demotion due to lack of work.
30. No Wage Cut Unless Demoted For Cause
No employee shall receive a reduction in rate of pay throughout the life of
this agreement, with the exceptions of being demoted for cause.
31. No Reduction in Piecework Prices Without Discussion with Union
There shall be no reduction in piecework prices during the existence of this
contract, without first discussing the matter with the union, unless there is a
change in design, material, equipment, tooling, speed, feed, cut, method of group
ing of operations, or process which make a material change in output or in effort
as compared with former requirements. It is agreed that only the element or
elements affected by the changes shall be re-timed, if practical. The unions shall
be advised when such change of rates become effective and if it believes such
change of rates to be not justified, any grievance in connection therewith shall
be handled in accordance with the grievance procedure.
32. No Wage Reduction When Returning After Lay-Off
There shall be no reduction in the hourly rate or classification rate, whichever
is higher, of an employee who has previously been laid off and returns to his or
her former job.
Basic Wage Rate Structure
MINIMUM AND HIRING RATES
Many agreements, especially those involving large plants with
varied occupations, do not contain detailed lists of the rates paid
for the jobs covered, but merely specify one or several minimum rates.
The “minimum rate” may refer to the lowest-paid production job,
although lower rates may exist for such jobs as common laborer or
janitor. In some plants there are two sets of minimum rates for
men and women workers. These different rates may not necessarily
constitute a sex differential but may reflect different jobs.
In some agreements the minimum rate is a hiring or probationary
rate, in others, it is a hiring or entrance rate for new unskilled em
ployees with specified step-ups to the plant minimum or the job rate
after time intervals or with advancement to specific higher-paid jobs.1
1 W age progression plans by which employees are advanced from the minimum to the
maximum rate o f the rate range fo r their jo b are discussed in the chapter on “ Individual
and General W age Adjustm ents.’*
8
COLLECTIVE BARGAINING PROVISIONS
Such rates usually apply to workers not fully qualified for the full
job rate. Advancement from the starting to the plant minimum or
the job rate may be automatic, or it may depend on the worker’s
ability. Previous experience may also be a factor in determining
whether a newly hired employee shall receive the hiring rate or the
job rate.
Some agreements specify that certain classes o f employees, such
as minors, errand boys, etc., may be hired at rates lower than the
usual starting wage, and that skilled workers may be hired at rates
above the minimum.
33. Minimum Plant Hourly Rate Specified
Effective as of the date of this agreement and continuing for the term hereof,
the minimum wage rates in effect shall be — cents per hour for all labor of regular
employees.
34. Daily Minimum
All regular run assignments shall pay a minimum of eight dollars and fifty
cents ($8.50) a day.
35. Weekly Minimum
The minimum rates of compensation for conductors employed and paid on a
weekly basis shall be as follow s:
(a) For a regular 25-hour week of rehearsal or performance of commercial
or o f sustaining and commercial broadcasting—not less than — per week;
(b) For a regular 25-hour week of rehearsal or performance of sustaining
broadcasting only—not less than------ per week ;
(c) For a regular 20-hour week of rehearsal or performance of commercial
or of sustaining and commercial broadcasting—not less th a n ------ per week.
36. Basic Weekly Wage Plus Commission
Except as above expressly expected, all retail routemen shall receive a basic
wage of $------ per week plus — percent commission on retail collections as
follow s:1
2
(1) The commission on retail sales of butter and eggs shall be — percent
per dozen on eggs on collections.
(2) The commission on wholesale sales (not including butter and eggs) made
from retail routes shall be 6 percent on collections.
37. Specified Minimum Salary Paid A fter 6-Months1 Service
Upon and after completion of six (6) months’ continuous service, employees
covered by this contract shall be paid not less than------ per month.
38. Automatic Progression from, Hiring to Minimum Rate in Three Steps
New employees shall be hired in at the minimum wage rates for the job classi
fication for which they are hired and shall be automatically progressed to the
rates set for thirty (30) days, sixty (60) days, and nine (9) months rates, as
shown in the schedule.
39. Automatic Progression from Starting to Established Rate in Four Equal Steps
New employees shall be hired at one dollar ($1) per hour and shall receive
9
GENERAL WAGE PROVISIONS
periodical raises each one hundred (100) hours thereafter, amounting to onequarter (% ) the difference between the established rate and the starting rate,
and will be paid the rate of the job at the end of the four hundred (400) hours
of training.
40. Employee Exceeding Specified Production Index Paid Senior Rate Immediately
When an employee averages an index of the 100 or better on the measured
hours in a 2-week period, he shall immediately be entitled to senior rate.
N ote.— Senior rates are normally reached in 3 months through automatic
monthly adjustments to the starting rate.
41. Advancement from Hiring Rate in Proportion to Ability
All new employees with no previous experience, shall begin learning a job
at the regular starting hiring rate and they shall be progressed along the wage
scale of the job in proportion to the learner’s ability. All other employees,
transferred from one job to learn another job, shall be given credit for any
skill or knowledge they may have of the new job. I f they have no previous
experience, they shall be treated as new employees.
42. Advancement From Hiring Rate by Joint Union Management Agreement
It is understood and agreed between the contracting parties hereto, that the
hiring-in rate for new employees in common labor classification shall remain
at — cents per hour, provided, that advancement to skilled occupations, or in
creased wage rates shall be effected through mutual agreement between the
union and management.
43. Lowest Rate of Job Glassification Paid During Probationary Period; Regular
Guaranteed Hourly Rate Thereafter
During the probationary period o f four (4) weeks from the date of his hiring,
a new employee may be paid the lowest rate of the classification into which
the work for which he is hired falls. Upon the expiration of the probationary
period, if such employee is retained, he shall be paid the regular guaranteed
hourly rate to which he is entitled.
44. New Inexperienced Workers Paid Specified Hourly R ate; New Experienced
Employees Paid Minimum of Labor Grade Range to Which Assigned
New inexperienced hourly employees in all labor grades shall start at the
minimum of 72% cents per hour and shall receive an automatic increase o f 5 cents
per hour at the end of each eight weeks of employment until the minimum o f
the range established for the labor grade to which they are assigned has been
reached, after which time they shall progress in the range provided for the
labor grade in the manner set forth in schedule A.
New experienced hourly employees in all labor grades shall start at the
minimum of the range established for the labor grade to which they are assigned,
after which time they shall progress in the range provided for the labor grade in
the manner set forth in schedule A.
45. Hiring Rate Differential Between Nonproductive and Productive Employees
New employees shall be hired after July 7 ,------ , on the basis of the following
starting rates:
Nonproductive
Minimum starting rates
____________ .
—
$0.60
Upon completion of 30 days .
___
.65
Upon completion of 60 days _
____ .________
.70
Upon completion of 90 days
___ _________
.75
Upon completion of 120 days
- .. ______
. 75
Upon completion of 150 days---------------________
.75
Productive
$0.65
.70
.75
.80
.80
.80
10
COLLECTIVE BARGAINING PROVISIONS
46. Sex Differential in Hiring Rate
Minimum hiring rates for straight hourly paid employees (except apprentices,
office boys and handicapped workers) will be one dollar ($1) for male and seventyfive cents (750) for female.
47. Definition of Experience for Wage Purposes
In the application of the foregoing schedule, experience in the editorial
department shall include all regular employment on daily newspapers, or with
recognized news or feature syndicates, news magazines or press associations.
Experience in other classifications shall include all regular employment in
similar work. The experience rating of a new employee shall be determined
at the time of employment.
N ote.—This agreement calls for classified minimum wages based on experience.
Previous experience in the industry is counted as experience in computing an
employee’s present wage.
48. Limitation on Proportion of Workers Paid According to Specified Experience
Ratings
Of the employees classified in article II, section 1, paragraph (a) not more than
20 percent shall receive a rate of pay less than that fixed as a minimum for 3
years’ experience in this classification, and within that 20 percent, not more than
half shall receive a rate of pay less than that fixed as a minimum for 1 year’s
experience.
N ote.—See note under previous clause.
49. Hiring Rate Below Minimum for Errand Boys
The rate for errand boys shall be seventy cents (700) per hour.
All new, unskilled employees (except errand boys) classified as trainee—in
those occupations designated by the joint job evaluation committee shall be hired
at the rate of 75 cents per hour * * *.
50. Temporary Employees Paid Job Rate Plus 15 Percent
Temporary employees’ base-pay shall be not less than the weekly rate of their
classification, plus 15 percent for regular and overtime work and shall, during
the period between May 1 and September 30 be called to work for not less than
two consecutive working days. If the temporary employee is called to work by
an employer he shall receive not less than 8 hours’ pay for each of the two con
secutive days whether or not the temporary employee is put to work. If work
is performed over 8 hours by the employee in any one day, the employer must
pay time and one-half of the employees’ base pay.
51. Company May Hire Above Minimum Rate
The company shall have the right to hire at rates above the minimum rate in
order to secure adequate and qualified personnel for the plant. Such hiring above
the minimum rates will not exceed the rate established for the job and will be
solely at the company’s discretion.
52. Company Option To Pay Higher Starting Rate but not To Exceed Standard
Job Rate
Where, in the judgment of the management, an individual employee’s experience
or qualifications, or other circumstances, justify such action, the company may
apply a higher starting rate than that specified in exhibit “A,” or accelerate the
periodic increases specified in section 2 hereof, as to that particular employee;
GENERAL WAGE PROVISIONS
11
provided, however, that no such rate shall exceed the standard rate specified for
the job to which he is assigned.
53. Minimum Rates do not Foreclose Payment of Higher Rates
The wages specified in the schedule are minimum wages and are not to be con
sidered as restricting company from giving or employees from receiving any
additional compensation, and so long as the minimum schedules are maintained
no increase in wages to one class or to individuals of a class shall necessitate a
change in the wages o f other individuals or classes.
JO B EVALUATION
A number o f agreements refer to, or contain, details of a job
evaluation plan to be established or already in operation. Job evalua
tion is a study o f the content of each job broken down into certain
factors or components so as to determine its worth in relation to all
other jobs in a plant, and in this way determine what rate a particular
job should pay in relation to the lowest and highest stipulated rates.
Job evaluation is not a simple process, and is often misunderstood
by the workers out of fear that it may pave the way to roundabout
wage reductions, and because it freezes the relationship between jobs.
They also question the basis and procedure of job evaluation, con
tending that judgment should determine the importance given to each
o f the factors concerned. They point out that once such a plan is
in effect, bargaining on wage rates must be based on the employer’s
evaluation o f the job.
Some unions accept job evaluation but insist that they participate
in its establishment and day-to-day operation on the theory that they
can thereby eliminate inaccuracies and bias. Other unions object to
participation and prefer not to bear the brunt of employee displeasure
over any given job rating, and also to be free to process grievances
that may arise from the job evaluation plan.
Employers list the following advantages of job evaluation: It re
duces employee grievances through elimination o f inequalities and
inconsistencies in rates; it improves union relations by eliminating
the need o f negotiating rates for each and every operation (negotia
tions are confined to the base rates o n ly ); it provides a specific method
of establishing a sound wage structure with equitable wage differ
entials between various jobs; it provides a basis for discussing the
relative worth o f jobs in collective bargaining.
In some agreements, both the establishment and administration o f
the job evaluation system is left solely to management, with the union
reserving the right to review the results; other agreements provide for
a joint permanent union-management job evaluation committee or
for tripartite control, i. e., a joint committee o f union and management
and representatives from an outside agency, usually an engineering
firm. Disagreements between union and management on job evalua791581*—4 8-
a
12
COLLECTIVE BARGAINING PROVISIONS
tion may be processed through the grievance machinery and/or sub
mitted to arbitration. Some agreements permit the union to partici
pate in the evaluation of new or changed jobs and provide that no
new rates may be put into effect without advance union approval.
Almost all plans guarantee that no reductions will be made in the
pay of workers holding jobs on which the rates are lowered as a result
o f job evaluation. However, as vacancies occur, new workers must
accept the lowered rate of pay. In some cases, a specific limit is also
set on the amount o f the over-all wage increase which is to be allowed
under the evaluation plan.
I nstallation
and
A dministration
54. Administration and Operation of Plan "by Company; Union may Request
Re-evaluation
It is recognized that the formulation, administration, and operation o f the job
evaluation system are the functions and responsibilities solely of management.
Management will continue to evaluate jobs for all occupations of employees
covered by this agreement subject to review by the union as provided herein under
paragraphs (a ), (b ), and (c ).
(a ) The company shall make available to members o f the union shop com
mittee all evaluations of hourly-rated jobs included in the bargaining unit as
set forth in article I hereof. This shall not apply to any job which is excluded
from that unit.
(b) The union may request in writing the re-evaluation of any existing
evaluated job described in (a) above, and the company shall re-evaluate any
such job provided that in its written request the union states specifically why it
believes the job is not properly evaluated and sets forth the specific factors of
the evaluation which it claims should be re-evaluated, giving its reasons specific
ally and in detail for such claims.
(c ) The company will notify the union shop committee once every two (2)
weeks of all new jobs as described in (a) above and new evaluation o f such
existing jobs when the new evaluation involves a change in labor grade.
55. Company Job Evaluation Plan Submitted to Union for Approval.
Date of Plan Related to Date of Approval by Union
Effective
The company will give to the union for consideration an evaluation plan made
by the company of the various job classifications and rates thereof. The union
shall appoint a special committee to consider this plan. Unless objections thereto
are made by the union within 30 days after delivery of said plan, then the
same shall become of full force and effect as of the date of delivery to the union.
The union shall have the right to discuss the plan in question with the company,
and in the event that the union shall approve the plan as a whole more than
30 days after delivery of the plan to the union, then the same shall become
effective as of the date of approval.
56. Company may Withdraw its Evaluation Study if Union Disagrees with
Results
The company proposes to have competent engineers conduct a study for the
establishment of proper relative job evaluations among the jobs in the unit, and
this evaluation shall be based on recognized engineering principles, and shall
GENERAL WAGE PROVISIONS
13
reflect relative skill, responsibility, physical demands, and job conditions. When
study is completed the company may submit the same, with the formulas, to the
union, in which case the parties will discuss the same, and if agreement is reached
the same as agreed to will be applied. I f the parties cannot agree, the company
may withdraw the same.
57. Installation and Administration by Permanent Joint Committee
A job evaluation committee consisting of two permanent members from the
union and two permanent members from the management, together with tempo
rary members consisting of one or two committeemen and one or two foremen
from the department concerned, shall point-rate all jobs held by production and
maintenance workers. In any case, whether one or two, the temporary members
from the management and the union shall be equal in number. The plant man
ager shall act as nonvoting chairman of this committee.
This committee, having point-rated all present jobs and mutually agreed as
to the proper evaluation of each job, shall similarly evaluate new jobs or shall
re-evaluate present jobs only when there is a change in job content from the
original job description that was used in the first point rating of the job, thereby
determining proper job wage level within the wage structure. Further, on the
basis of job evaluations, this committee will determine the various job classifica
tions by department.
58. Joint Job Evaluation Plan to Distribute 2% Percent of Average Weekly Pay
Roll for Elimination of Inequalities and Inequities. Disputes to Named
Engineer
The company agrees that in addition to the increase provided for in the
paragraph next preceding, it will, effective as of [date] increase rates of pay
in the manner hereinafter set forth in this paragraph, by expending weekly, for
the number of employees in the bargaining unit on [date] a sum equal to 2%
percent of the average weekly pay-roll of the bargaining unit during the 4-week
period ending [date]. The aforementioned sum shall be first applied to the
increase of such rates of pay, both piece and hourly, as have to be increased for
the purpose of eliminating inequalities and inequities, and the balance, if any,
remaining shall be distributed by increasing the rates of all employees in the
bargaining unit (whose number shall be deemed to be the number in the bargain
ing unit as of [date] by an equal percentage. In order to accomplish the fore
going purpose, a joint committee of the company and the union shall engage in
a scientific job evaluation under rules and procedures to be agreed upon between
the parties. In the event of any disagreement between the company and the
union in regard to any matter covered by this paragraph, the matters in dispute
will be submitted for final and binding decision to [name of firm], or, if he is
not available, by such other engineer experienced in the field o f job evaluation
as may be jointly chosen by both parties. The results of the job evaluation shall
be incorporated into the rate, wage and job structure of the company. It is,
however, distinctly understood and agreed that in the distribution o f the 2y2
percent no existing rate shall be reduced either by the parties or by any person
to whom any matter is submitted hereunder for decision.
59. Job Evaluation Plan Incorporated by Reference
The job evaluation plan in use by the employer and the labor grades and rates
are attached hereto and made part of this schedule. The job evaluation schedule
and plan shall not apply to employees of the foundry division. A list of foundry
rates are attached hereto and made a part hereof.
14
COLLECTIVE BARGAINING PROVISIONS
Evaluating N ew
and
C hanged Jobs
and
H andling Evaluation D isputes
60. Company To Establish Job Evaluation Plan for Evaluating New and Changed
Jobs
An equitable wage rate plan will be scientifically developed by the company
for all wage job classifications through the recording of the elemental values of
each separate job and their fair evaluation in reference to the elemental values
of every other job. This plan, when in effect, will be used for evaluating new
jobs, including jobs basically changed by simplification or improved methods.
When job evaluation, as above outlined, results in wage brackets lower than
prevailing rates then paid for the job it is not the intention of the company to
reduce the prevailing base rates of employees currently working on such jobs.
61. Company To Evaluate New and Changed Jobs
When the content of a job is changed as the result o f a change in method,
production, tools, material, design, or production conditions, or when a new
job is created, the company shall evaluate and classify the job in accordance with
the job evaluation and classification plan then in existence.
62. Company Evaluates New Jobs; Disputes Arbitrable. Decision Retroactive to
Date Employee Started on Job
Job specification covering the duties, responsibilities, classification require
ments and working conditions of new jobs shall be established and extended to
additional sites or jurisdictions by the company as is required by the intro
duction of new work or by the normal change of operations in the plant. In the
event that employees or the union are in disagreements with the evaluation of the
company on any new job, the complaints will be handled through the grievance
procedure, including arbitration. Pending settlement of the dispute, the classi
fication established by the company shall remain in effect. The classification
finally determined shall be applied retroactively to the date of employment in, or
transfer to, such job.
63. Evaluation of New or Revised Job by Employer; Copy to Union Which May
Request Joint Study. Disputes go to Third Step of Grievance Machinery
If a new occupation is established, or if there is a substantial change in an
existing occupation subsequent to the date of this agreement requiring its
re-evaluation, the new or changed occupation will be evaluated and classified into
its proper labor grade by the employer, in accordance with the—evaluation plan.
The rate for such new or changed occupation shall go into effect immediately
upon its classification. At the same time a copy of such new or changed job
description and evaluation will be promptly submitted by the employer to the
union for review. At the request of the employer or the union it will be jointly
studied.
I f the union disagrees with the classification, this will constitute a grievance,
which may be taken up directly with the third step grievance committee within
not more than thirty (30) days from the date on which the employer delivered
said job description and evaluation to the union, unless additional time is mutually
agreed upon.
64. Evaluation of New or Revised Jobs Negotiated With Union Before Talcing
Effect
The company agrees to furnish the union with full details of its job evaluation
plan, including copies of the job evaluation details covering rates and job descrip
tions of all present classifications affecting employees in the bargaining units,
and further agrees to submit the job evaluation of any new or revised job classi
GENERAL WAGE PROVISIONS
15
fication involved in the bargaining units to the union for negotiation and agree
ment, before its incorporation into the existing wage and classification structure
of the company.
65. Job Evaluation Committee for New Jobs Includes Foreman, Union Represent
ative, Time-Study Man, and Personnel Officer
New jobs will be evaluated by a committee consisting of the foreman of the
department, a representative of the union, a time-study man from each plant,
and a representative of the personnel department. The union will submit to
the company a list of five men from each plant whom they feel are qualified for
this work and the company will select the man from this list to serve in each
plant. The company may reject all five and call for a new list. When a vacancy
occurs the new union representative will be chosen in the same manner.
66. Permanent Joint Job Evaluation Committee To Act on Establishment of New
Jobs; Disputes Arbitrable
There shall be a continuing joint job evaluation committee consisting of eight
(8) persons, four (4) designated by the union including at least one (1) repre
sentative from each of the local unions and four (4) by the employer. The
employer shall designate an individual to act as secretary of the joint job evalua
tion committee. Where a new job is established, the secretary will develop a
job description and evaluate such job by using the joint job evaluation manual.
The job description and evaluation of new jobs shall be submitted for approval
to the joint job evaluation committee. The employer’s and the union’s designees
on the joint job evaluation committee shall each vote as a unit on any matter
that comes before the committee. In the event of a disagreement on any matter
before the committee, including the question of whether a new job has been or
should be established, the matter shall be finally determined by arbitration under
the terms of arbitration machinery set forth in article VII, section 2, in this agree
ment. Such other rules and regulations for the procedure of the joint job evalua
tion committee shall be mutually developed by the parties as the necessity therefor
arises.
67. New and Changed Jobs Evaluated by Tripartite Committee; Disputes to
Grievance Machinery
It is mutually agreed that all hourly rates will be based upon the job evaluation
plan now in effect. This plan, its use and application, together with all inter
mediate calculations, is described in “Job Evaluation Manual.”
All new jobs, or changes in old jobs, are subject to evaluation. Approved job
descriptions are submitted to committee members prior to evaluation meetings.
Evaluations are made only by the committee of five (5) members, as follows:
Two labor representatives.
Two management representatives.
One technical coordinator.
The evaluations o f the committee are accepted by both management and the
union. Any challenge of these evaluations will be through the regular grievance
procedure.
68. Procedure: Department Head; Joint Job Evaluation Committee; Technician—
Arbitrator
It is agreed between the union and the company that grievances arising from
job evaluation and job classification will be handled in the following manner:
( a ) A grievance o f this nature will be handled in accordance with the grievance
16
COLLECTIVE BARGAINING PROVISIONS
procedure article IV, section 4, through step 1 [written presentation o f grievances
to department head].
(b) I f the grievance is not settled under step 1 within five working days, the
grievance will be referred to the [joint] job evaluation committee.
(c) I f for any reason the job evaluation committee cannot agree upon the case
before then a fifth party shall be called in from the Technical Staff, U. S. Con
ciliation Service, Department o f Labor, whose decision will be final and binding
on both parties.
69. Special Procedure for Bivaluation Grievances
Any member of the union who feels aggrieved by the application o f the jobevaluation plan shall present in writing within thirty (30) days of the publication
of the evaluated rate to the business representative of the union the reasons for
his grievance. The business representative shall make a proper investigation of
the allegations and shall make a report to the [union] job-evaluation and stand
ards committee which shall then consider the case and accept or reject it. If the
committee accepts the case it shall then be presented to the director of industrial
relations for a review before the joint management-labor committee and this
committee shall consider the case. I f a change of rate is recommended the direc
tor shall refer it to the management for final action.
In the event that there is a disagreement between the union and the employer,
the matter will be handled by the procedure provided under article V, sections
“ c” and “ d” of this agreement. [Grievance and arbitration.]
70. Failure by Company to Evaluate New or Changed Job Constitutes Grievance.
Change Retroactive to Date Grievance Filed
Failure on the part of the employer to evaluate a new occupation, or to re
evaluate an occupation in which there has been a substantial change subsequent
to the date of this agreement, will also constitute a grievance. If, as a result
o f such a grievance, a new occupation is classified, or a changed occupation is
reclassified the •rates for such new or changed occupation shall go into effect as
of the date on which such grievance was first submitted in writing.
71. Revised Rate Retroactive to Date Original Rate Established. Time Limit on
Evaluation Grievances
I f a new position is established or if there is a change in an existing position
such will be evaluated and placed in the proper position grade by the company
in accordance with the job evaluation plan. The rates for such new or changed
position would then go into effect immediately upon new classification. After
such new or changed position has been so classified and the new rate range is
put in effect, there will be a review between the company and the union jointly.
If after such review the union disagrees with the classification it will constitute
a grievance to be handled in steps 3 and 4 o f the grievance procedure as provided
herein. If the rates for the new or changed position are revised as the result
of the settlement of a grievance, as provided above, the revised rates will be
retroactive to the date when the new rates were established. All grievances
under this section must be presented to the management within 30 days from
the date on which the new rate range was submitted to the union.
R ate S tatus
of
I ncumbents W hen J obs A re Evaluated B elow P resent S cale
72. No Reduction in Rate of Incumbent if Job Rate Cut by Evaluation
When job evaluation, as above outlined, results in wage brackets lower than
prevailing rates then paid for the job it is not the intention o f the company to
reduce the prevailing base rates o f employees currently working on such jobs.
GENERAL WAGE PROVISIONS
17
73. Rate of Job Incumbent Raised if Job Rated Up; No Wage Cut if Job Rated
Down
It is understood that any classification carrying a lower rate than at the
present time shall not be put into effect for employees now employed in such
classifications, and, if any classifications carry a higher rate than at the present
time, then the employees now employed in such classifications shall receive an
increase accordingly, the same to be effective as of the date of approval of such
classification.
JOB CLASSIFICATION AND RECLASSIFICATION
The question of job classification must be distinguished from job
evaluation. Classification problems arise out of the claim by an em
ployee (or group o f employees) that he is not placed in the correct
job or occupation or pay level or grade within an occupation. Evalua
tion problems stem from complaints that a job or an occupation is not
given the proper point value or is not correctly “ slotted” in relation to
other jobs or occupations in the plant. Evaluation deals with the
nature of the job, irrespective o f the workers who may be assigned to
it. Classification deals with individuals or groups of workers who
are assigned to a job, which may or may not have been evaluated.
Kules governing the classification of new jobs or reclassification
o f old or changed jobs are often stipulated in agreements.2 Such
classification may be made by management alone or by management
and union jointly. The union may reserve the right to challenge
individual classifications through the grievance or arbitration proce
dure. Some agreements give the union the right to review classifica
tions as they are established, or be consulted or merely notified of any
newly established classification. Where arbitration is applicable to
classification or reclassification disputes, the scope of the arbitrator
may be limited to determining whether or not an employee is correctly
placed within the established classifications.
74. Company Determines Classification or Position Within Rate Range. Disputes
to Grievance—Arbitration Procedure
It shall be the function o f the company to make initial determination o f a
salaried employee’s position within the established rate range for the occupation
to which he or she is assigned. It shall also be the function o f the company
to make the initial determination of the classification of an employee according
to the work performed and the job content or job description. Should any
grievance arise as to whether an employee is properly rated within the estab
lished rate range for the position to which he or she is assigned or as to whether
an employee is properly classified based on the established occupational descrip
tion and the employee’s duties, such a matter shall constitute a grievance to be
handled in accordance with the grievance procedure contained herein including,
if necessary, step 5 thereof [arbitration].*
* See Bulletin 908-3, “ Incentive Wage P ro v isio n s; Time Studies and Standards o f P ro
duction,” fo r clauses dealing with the establishment or revision o f piece and incentive rates
and union participation in tim ing or retiming jobs and in setting production standards.
18
COLLECTIVE BARGAINING PROVISIONS
75. Notice to Union o f Jot) Classification Changes.
Arbitration Procedure
Disputes to Grievance—
The union will be notified of all proposed changes in or additions to the job
classifications. Disagreements or disputes concerning such changes or additions
shall be subject to the grievance and arbitration procedure.
76. Classification Rate Ranges: Company Sets Range, Explanation to Union
Wage Committee; Installs Rate Range. Grievances Unless Union Committee
Approves Range
When a new job classification is established or a significant change is made
in an existing job classification after the effective date of this agreement, a rate
range shall be established for such job classification which bears a fair rela
tionship to the rate ranges of other job classifications in the bargaining unit.
The procedure for installing a rate range for a new job classification, or for
an existing job classification in which there has been a significant change, shall
be as follow s:
(a) The company shall determine the rate range.
(b) The rate range determined by the company shall be explained to the wage
committee of the union, consisting of not more than three employees, with the
object of obtaining its agreement on the installation of such rate range.
(c) The company may install the rate range.
(d) I f the rate range is installed, a grievance may be presented (except when
the rate range is installed with the agreement of the wage committee of the
union) alleging that the rate range does not bear a fair relationship to the
rate ranges of other job classifications in the bargaining unit.
77. Initial Classification by Company; Joint Study; Grievance Procedure if
Disputed. Retroactivity Established
I f during the life of this agreement a new occupation is established or if
there is a substantial change in method or process in an existing occupation,
the new or changed occupation will be classified by the employer in accordance
with the principles used in arriving at the present rate structure. After such
new or changed occupation has been classified it will be promptly studied jointly
by the employer and the union. If after such study, the union disagrees with
the classification this will constitute a grievance to be appealed through the
grievance procedure. The rate for a new or changed occupation will go into
effect at once upon its classification by the employer. If the rate is later
changed as a result of joint study with the union or the settlement of a griev
ance as provided above, the change rate will be retroactive to the date when
the new rate was established or changed.
78. New and Revised Job Classifications: 80-Day Trial Period; Company As
signs Labor Grade; I f Disputed, Referred to Industrial Engineer
The union and the company agree that whenever new job classifications are
created or when the job content of a job classification currently contained in
appendix A has been so changed as to warrant its being slotted into a different
labor grade, the agreed plan of job evaluation, a copy of which is annexed hereto
as appendix B and made a part hereof, shall be the means by which the proper
labor grade of the new or changed job classification is to be determined.
{a) When a new job classification is created, the company shall establish a
temporary rate for such new job classification for a period of thirty (30) days,
during which period the company will study it and by means of said agreed plan
o f job evaluation assign it to the appropriate labor grade. At the end o f the
GENERAL WAGE PROVISIONS
19
thirty (30) day period, the job will carry the rate range of the labor grade into
which it has been slotted in accordance with said agreed plan o f job evaluation.
(b) In the event that the company and the union cannot agree upon the labor
grade into which a new or changed job classification shall be slotted in accord
ance with the agreed plan of job evaluation, the dispute shall be referred to an
independent industrial engineer mutually agreeable to the company and the
union, who shall determine, solely by application of said agreed plan of job
evaluation, the labor grade into which such job classification contained in
appendix A or such new or changed job classification shall be slotted. The fees
and expenses of said engineer shall be borne equally by the company and the
union. After July 1 6 ,------, all job classifications contained in appendix A not
previously protested by the union shall be deemed to be slotted into the proper
labor grade in accordance with the agreed plan of job evaluation.
(c) I f the parties cannot agree upon an independent industrial engineer, they
shall request the Federal Mediation and Conciliation Service to submit a panel
of seven (7) independent industrial engineers who are familiar with the
* * * plan of job rating, and the company and the union shall each have
the right to strike three (3) names from said panel and the Federal Mediation
and Conciliation Service shall designate one of the unstricken names to act as
the independent industrial engineer. The decision of said independent industrial
engineer shall be final and binding upon both parties.
79. Rate and Duties of New Classification Jointly Determined
In the event any new classifications are established during the period of this
agreement, the rate to be paid for that classification and the duties thereof shall
be adjusted by mutual agreement between the company and the union.
80. Joint Committee Studies New Classifications and Reports to Grievance Com
mittee
Matters involving new job classification rates will be investigated by a panel
consisting of president o f local, his two appointees and company representatives.
The results of such investigation shall be reported to grievance committee at
step 4 [prior to last step of procedure, excluding arbitration].
81. Individual Wage Rate and New Jol> Classification Adjustments Considered
by Joint Committee. Procedure Outlined. No Arbitration of Revision or
Establishment of Wage Rates
Individual wage rate and new job classification adjustments may be consid
ered by a joint wage rate adjustment negotiating committee consisting of three
members to be appointed by the union and three members to be appointed by
the company. The joint committee shall consider adjustment in accordance
with the following form ula:
1. Whenever the duties, responsibilities, or other job content of any job clas
sification have changed, either party to this agreement may request a meeting
with the other for the purpose of arriving at a satisfactory adjustment in rate
for the same.
2. Whenever a permanent new job is created, the company may at its discre
tion, establish a temporary rate for such work and within thirty (30) days
shall negotiate with the union a permanent rate which shall be retroactive to
the date the new job was started.
3. Rates established under this section shall be in balance with the prevailing
rates for similar work in the plant covered by this agreement and in the flour
milling industry throughout the local area.
4. In no event shall the establishment o f a rate hereunder necessitate a change
in the rate of any other classification.
791531°— 48------4
20
COLLECTIVE BARGAINING PROVISIONS
5.
Nothing contained in the agreement shall be construed to permit the arbitra
tion of any question relating to the establishment or revision of wage rates.
82. Joint Determination of Military Service Experience in Comparable Work for
Salary Rating
The [union] and management shall designate a committee to deal with the
evaluation of the experience in newspaper work, or any work comparable to
newspaper work, acquired by an employee in the course of military service under
section 1 of this article. This committee shall endeavor to credit such em
ployee with the experience rating and salary commensurate with such acquired
experience. In the event of disagreement, the dispute shall be subject to the
operation of the grievance procedure in article X X , established by this agree
ment.
N ote .—This clause is taken from an agreement covering newspaper editorial
and office workers in which classified minimum wages are based on experience
and previous employment is counted as experience in computing an employee’s
present wage.
83. Claim of Misclassification Orievable
I f either party claims that an employee has been classified into an occupation
other than the one he is performing, this will constitute a grievance.
84. Claims of Misclassification Subject to Grievance Procedure.
Basis for Decision
Job Content
Any dispute arising as to the question of proper classification of an employee
will be subject to the grievance procedure.
It is understood in determining the question of proper classification that the
content of the job shall be the basis for determining whether or not the em
ployee is properly classified.
85. Employee May Contest Rate of New or Changed Job Within 80 Days, any
Change Made Retroactive to Time Original Rate was Set
When and if from time to time the company, at its discretion, establishes a
new job or changes the job content (requirements of the job as to training, skill,
responsibility, effort and working conditions) of an existing job to the extent of
one full job class or more a new job description and classification for the new or
changed job shall be established in accordance with the following procedure:
(a) Management will develop a description and classification of the job in
accordance with provisions of this agreement between the parties hereto.
(b )
. The proposed description and classification will be submitted to the
grievance committeee for approval and the standard wage scale rate for the
job class to which the job is thus assigned shall apply.
I f management and the grievance committee are unable to agree upon the
description and classification, management shall install the proposed classi
fication and the standard wage-scale rate for the job class to which the job
is thus assigned shall apply. The employee or employees affected may at
any time within thirty (30) days file a grievance alleging that the job is
improperly classified under the job description and classification procedure. Such
grievance shall be processed under the grievance and arbitration procedure in
accordance with article X (adjustment of grievances) in the April 30, ------ ,
agreement and settled in accordance with the job description and classification
provisions as provided for in the “Manual.” If the grievance be submitted to
GENERAL WAGE PROVISIONS
21
the arbitration procedure, the decision shall be effective as of the date when
the disputed job description and classification was put into effect.
In the event management does not develop a new job description and classifica
tion, the employee or employees affected may, if filed promptly, process a griev
ance under the grievance and arbitration procedure, requesting that a job de
scription and classification be developed and installed in accordance with the
provisions of the “Manual.”
86. Special Procedure: Reclassification Request Submitted to Union Committee;
Committee Notes Decision on Request and Forwards it to Company, Whether
Decision is Favorable or Unfavorable. Disputes Referred to Grievance Pro
cedure
All requests for reclassifications o f individual employees within the same job
classification, whether made by an employee or by the company, shall first be
submitted, through the line or departmental steward having jurisdiction over
the employee involved, to the reclassification and rates committee of the union
or to a regularly constituted subdivision thereof. It shall be the duty of such
committee to examine each such application and to indicate thereon whether
or not in its judgment the request for reclassification should be granted. On
or before the 8th day of every month, during the term o f this agreement, the
reclassification and rates committee o f the union shall submit all such applica
tions to the company; on the 15th day of each month the company will consider
the applications so submitted; and on or before the end of each month the com
pany will notify the union as to which o f such applications have been granted
and which have been rejected. The rate for the new classification shall be
payable effective on the Monday indicated on the reclassification form. Any
reclassification that is rejected by the union or management shall be subject
to the grievance procedure provided in article XVI. [The procedure outlined
in this article stops short of arbitration].
87. Rate on Individual Reclassification Limited to Minimum of Rate Range
I f an employee believes that by reason of his duties he is improperly classified,
the problem may be handled as outlined in article II, and if it is determined on
the basis of the company’s job-evaluation program that the employee has been
misclassified, such employee shall be properly classified. Any adjustment in
salary made necessary by such reclassification shall be made only when the present
rate paid the employee is below the minimum o f the range established for the
job classification by re-evaluation, and such adjustment shall be only to the
minimum of the range established by the re-evaluation and made effective as of
a date not earlier than the date the formal grievance was filed.
WAGE DIFFERENTIALS
It is generally recognized that within a plant there exist a great
number of duties which call for varying degrees of workers’ skill, ex
perience, responsibility, physical and mental efforts, and numerous
other requirements. These are recognized through wage rate differ
entials for jobs in the various occupational classifications within a
plant.
Wage rate differentials, however, may be found based on factors
other than those listed above. They may be based on sex, race, age or
physical condition, differences in the product manufactured, the loca
22
COLLECTIVE BARGAINING PROVISIONS
tion of the company, or differences in working conditions and hours of
work. In some agreements such factors may be specifically or im
plicitly barred as bases for wage differentials.
E qual P ay C lauses
Sex or race differentials have, on numerous occasions, been con
demned by both management and labor as destructive competitive
practices tending to depress the whole wage structure within a plant,
especially where men are displaced by women doing precisely the same
work for lower wages.
The general principle of equal pay for equal work is recognized in
many agreements, especially where men and women are employed on
the same job or in the same department or on the same kind, or sub
stantially the same kind of work.
Agreement clauses barring sex discrimination in wages may take
the form o f general statements, such as, for example, that “ there shall
be equal pay for equal work,” or that “there shall be equal pay for equal
quantity and quality of work,” or that “ there shall be equal pay for com
parable work.” Still another provision prohibits discrimination be
cause of sex and/or specifically refers to rates of pay.
Some clauses support the equal-pay principle implicitly by providing
the same entrance rates for inexperienced men and women; or the same
automatic progression from entrance to base and higher rates; or by
setting up wage rates on new products or new jobs based on job content
without male or female designations.
Other equal pay clauses are hedged by qualifications. They may
provide that downward adjustment of wages for female workers is
allowable where lower performance or production standards must be
established for female employees; that pay rates for female employees
may recognize extra costs arising from extra supervision, extra set-up
men, or other aid particularly because women are unable to do the
heavy physical labor performed by men; or that rates of pay may be
reduced in proportion to any changes made to make a man’s job suitable
to be performed by a woman.
Sometimes it is difficult to determine whether women workers are
doing the same work as men or different work. Therefore agreements
with an equal pay clause often provide that this issue shall be resolved
through the grievance and arbitration procedure.
Wage differentials between men and women workers are provided
under some collective bargaining agreements. In the absence of job
descriptions and outline of job duties, it is virtually impossible to
determine from a mere reading of the agreement whether these differ
ential rates constitute a sex differential or whether they reflect different
jobs. This is particularly true when those same agreements contain
equal pay clauses of one type or another which appear to support the
GENERAL WAGE PROVISIONS
23
conclusion that these differentiated rates constitute job rather than
sex differentials.
Lower rates to women for similar sounding job titles or classifica
tions may be due to dilution of the job, i. e., breaking it down into more
simplified skills. In some plants, women have traditionally been as
signed to a certain type of job. Women require extra assistance by
reason of physical limitations on jobs also performed by men. In such
instances, separate classifications have been established for male and
female workers, reflecting differences in the degree of skill, effort, and
job content required, even though they bear the same job title. In
other instances, a rate differential may be established in recognition
o f other factors than quality and quantity o f work; for example, rest
period for women but not for men. It would therefore appear reason
able to conclude that in very many instances differential rates specified
in union agreements connote differentials in skill and not sex
differentials.
There are four main categories of clauses in which sex differentials
apparently exist. These are: (1) different starting rates for men and
women; (2) different plant minimum rates for men and women; (3)
different occupational rates for men and women, and (4) slower pro
gression from the minimum to the maximum of a rate range or smaller
increments at each step of the progression for women than for men.
88. Principle Adopted—No Discrimination on Basis of Sex, Race, Color, Creed
Subject to the established automatic rate progression schedules of the com
pany, persons performing the same kind of work shall receive the same rate of
pay, irrespective of race, color, creed, or sex.
89. Equal Pay for Equal Quantity and Quality of Work
Any woman covered by this agreement shall be compensated at the same rate
of pay as men employees doing the same kind of work. It is understood and
agreed that “ equal work” means work equal in quality, equal in quantity and
equal in performance.
90. Equal Pay for “ Comparable” Quantity and Quality of Work
Women working on jobs which are normally filled by men will be compensated
in accordance with the principle of equal pay for comparable quantity and quality
o f work provided, however, that if any change in the job is made to make it
suitable for women, the rates of pay for women on such jobs shall be the men’s
rates reduced in proportion to the change that results from an evaluation of
the changed jobs.
91. Women on Men’s Jobs to Receive Same Piece Rate as Men
If a woman is requested to work on a job designated as a man’s job, she shall
receive the same piece rate as the male operators receive.
92. Job Content, Not Sex, Determines Rates
There shall be no discrimination in wages based on sex or marital status.
Wage rates and job classifications shaU be based on job content and not on
the sex of the worker.
24
COLLECTIVE BARGAINING PROVISIONS
93. No Break-Down of Men’s Jobs for Establishment of Sex Differential
All employees, male and female, shall receive equal pay for equal work.
Women assigned to men’s jobs shall receive the rates o f pay equal to those
received by men on these jobs. Men’s jobs shall not be broken down, or classi
fied or valued for the purpose o f establishing sex differentials of any nature
whatsoever. Women employees shall be given an opportunity to train or other
wise qualify for men’s jobs before any new women are hired for such jobs.
94. Change from Woman’s to Man’s Job Only if Majority of Employees Involved
Assent
All jobs shall be designated as male or female before being timed and no
female employee shall replace a male employee on any job unless she receives
the same rate of pay as male employee was paid, unless the permission o f the
executive shop committee is first secured.
Where a complaint has been made by a female operator that her work is
too fatiguing, the job will not be reclassified or changed to a male job except
with the signatures of the majority of persons involved; however, the company
reserves the right at any other time to reclassify or change any female job to
male, and upon doing so agrees to pay the prevailing male rates for that class
of work.
95. Numerical and Other Limitations on Transfer of Jobs Between Men and
Women
So long as jobs remain relatively unchanged as to working requirements, jobs
which have heretofore been done by men shall be continued as men’s jo b s ; and
jobs which have heretofore been done by women shall be continued as women’s
jobs. However, where a significant change is made in the skill requirement o f a
job by the provision of changed tooling or equipment, or in the physical require
ment of a job, or when a new job is first established, then the rate and the
position of the job in either the men’s or women’s labor grade schedule may
be established by the company. In the event the union disagrees on the labor
grade established, then the matter shall be subject to the grievance procedure.
In any event, no more than ten (10) types of changes, exclusive of new jobs,
may be included under the provisions of this paragraph during the life o f this
agreement.
96. Dispute Over Equal Pay Principle Referred to Grievance Procedure
Wage rates for women shall be set in accordance with the principle of equal
pay for comparable quantity and quality of work on comparable operation.
Any dispute arising as to the questions of quality, quantity, or comparability,
as herein defined shall be settled within the procedural framework of the
grievance provision in the agreement.
97. Equal Pay Except Where Unit Costs Are Increased
Women employees fully performing work heretofore recognized as men’s work
will be paid the same hourly base and piece rates as men, except in cases where
such rates increase unit costs. These exceptions will be studied and comparable
rates established for women and men.
98. Equal Pay for Women on Men’s Jobs After 5-Day Trial Period
In the event women are hired in classifications of work previously performed
by men, they shall receive the same rate of pay as men, provided after a five (5)
day trial period they demonstrate their ability to perform work of a quality and
quantity as previously performed by men.
GENERAL WAGE PROVISIONS
99. Equal Pay Principle Stated.
Man’s Starting Rate
25
Women Put on Men’s Jot) Paid Inexperienced
Where female employees do the same kind and amount of work as male em
ployees in the individual tannery, they shall receive the same wages. When a
female is employed on a job formerly performed by a male, her starting rate shall
be the same as the starting rate for an inexperienced male; namely, 80 percent
of the established job rate. She shall receive the established job rate when
by mutual agreement she is qualified to perform the work, or in any event at the
expiration of 3 weeks’ work on the job ,if retained on the job.
100. Joint Negotiation on Rate Where Women Do Less Than Men on Men’s Jobs
When and as it becomes necessary because of the shortage of manpower to em
ploy women on jobs formerly held by men, the women are to be paid at the
scheduled rate of the job, provided, however, that they fully perform the duties
of that job. When and as it becomes necessary to employ women on jobs where
they cannot fully replace the man, the rate is to be established by negotiation.
101. Differentials Permitted When Women Replace Men if all Tasks not Fully
Performed or Labor Costs Increased
The company agrees that any female employee assigned to an operation which
has been or which is performed by men shall receive the same pay when she
produces the same quality and quantity of work. The union agrees that an
adjustment of wages for female employees is compatible with equal work where
lower performance or production standards must be established for female
employees; and that extra labor costs may be considered by the company and
given pro rata weight in establishing an equitable rate of pay for female em
ployees where the employment entails extra supervision, extra set-up men or
other additional aid because of the impossibility or inadvisability of female em
ployees undertaking heavy physical labor which has been established as a part
of said job when performed by men.
102. Rates of Pay Based on Former Costs of Operation if Change in Job Content
Requires Men to do Heavy Work
The same rates of pay shall apply on all operations which were formerly per
formed by men and are now being performed by women employees unless there
have been changes in job content whereby these operations require servicing
by men employees, which were not required prior to such changes.
Where the job content has been changed which requires that men employees
perform the heavier or more complicated tasks of the operation, the rates of
pay shall be established on the basis o f former costs of operation whereby men
employees who perform these heavier or more complicated parts of operation
shall receive rates o f pay commensurate with the task performed, and the bal
ance of costs of operations to be assigned to the rates for women employees.
These costs to be based on a per piece or a per foot cost. The degree of service
is to be negotiated by the company and union on all operations where women
are employed.
103. Equal Pay Principle Modified by 5 Cent Differential Where Less Than Com
plete Man’s Job Performed
The company agrees to the policy of equal pay for equal work. When it be
comes necessary to place women on work normally performed by men, they
shall receive the established men’s rate for the job, provided the women do one
hundred (100) percent of the work formerly performed by the men. Women
replacing men and who perform more than fifty (50) percent, but less than one
26
COLLECTIVE BARGAINING PROVISIONS
hundred (100) percent o f the work normally performed by men shall receive
five cents ($0.05) less than the men’s rate.
104. Equal Pay Principle Modified "by Differential: Men's Rate Minus Half the
Differential Between Men's and Women's Plant Minimum Rate
The company agrees to the policy of equal pay for equal work. Women replac
ing men on work normally performed by men, shall receive the established men’s
rate for the job, provided the women do one hundred percent of the work
formerly performed by men. Women replacing men and who perform more than
fifty percent, but less than one hundred percent of the work normally performed
by men, shall receive the men’s rate minus one-half of the differential between
the factory minimum rate for male and female employees.
105. Detailed Provision for Pay of Women on Work Regularly Performed by Men.
This and the following three sections apply only to cases of women perform
ing work which on January 1 7 ,------ , was being regularly performed by a man
or men and which as performed by the woman is not materially different. (Under
War Labor Board ruling of March 8 , ------, the company is not prohibited from
setting up women’s piecework jobs consisting of work formerly done by men when
material changes in the job are made or when there is a change in method).
Cases where jobs which on January 1 7 ,------ , were performed by a man or men
but which have been materially changed as performed by women are not cov
ered by the following sections but by sections 20, 21, 22, 24, 50, and 51 o f this
agreement. [Setting hourly and piecework rates]. Cases covered by this and
the following sections of this article are referred to below as “women on men’s
work.”
Women on men’s straight piecework or men’s individual modified piecework
or other men’s work paid on an incentive basis will be paid according to male
base rates except as provided in the following section.
Except as provided in the preceding section rates of pay to women on men’s
work will depend upon the woman’s demonstration that she has attained the
general level of proficiency of male operators in the work involved:
(a)
Until the woman demonstrates that she has attained the general level
of proficiency o f males in the work involved she will be paid as follow s:
(1) On modified piecework the hiring rate and the guaranteed hourly rate
of a woman will be the same as those of a man in the same classification.
(2) On straight piecework pools the woman’s sharing of points will be
in the ratio of 90 percent of those received by a man.
(8) On modified piecework pools the woman’s sharing of points will be
in the ratio of 90 percent of those received by a man, and her emergency
rate will also be 90 percent of the points per hour received by a man.
Example: A man and woman work together as a pool on modified
piecework. The base is 50+50. In 8 labor hours each (16 man-hours)
they earn 1,600 points.
Charge 8 hours worked to the man, and 90 percent of 8 hours or
7.2 hours to the woman, giving a total of 15.2 hours.
Divide 1,600 points by 15.2 hours=105.27 points each.
Credit the man with 105.27 points X 8=842 points at 50 cents per C
points=$4.21 plus 8 hours at modified pay roll rate.
Credit the woman with 105.27 points X 7.2 hours=758 points at 50
cents per C points=$3.79 plus 8 hours at modified pay-roll rate.
(4) On individual straight piecework and on other men’s work paid on
an incentive basis and on men’s straight hourly paid nonincentive work the
GENERAL WAGE PROVISIONS
27
woman’s starting rate will be 90 percent o f the male starting rate. The
maximum pay roll hourly rate of the woman will be 90 percent of the male
informatory rate or job evaluation rate as the case may be. Pay roll hourly
rate increases to the woman will be the same as to a man in the same
classification.
(b) After the woman demonstrates that she has attained the general level of
proficiency of males in the work involved all payments made to her will be on
the same basis observed in paying males of comparable length of service in the
classification.
(c) Time studies to set rates for men’s work being performed by women will
be made on male operators except as the company and the local union may
agree to the contrary in a particular case.
Questions and disputes concerning application o f any of the preceding three
sections will be discussed by the company with the local union wage rate and
grievance committee, and, where necessary, disposed of through the grievance
procedure.
106. Differential in Piecework Guarantee Subject to Equal Pay Principle
Prior to the completion of a learning period on any job, probationary female
employees shall receive seventy-five cents (750) an hour, and probationary male
employees shall receive eighty-nine cents (890) an hour.
After the completion of a learning period on any one job, minimum guarantees
shall vary depending upon the method by which the employee is compensated
whether piecework, standard hour plan, or hourly rated (day work) as follows:
(a) I f compensated on a piecework basis, no female employee shall receive
less than seventy-five cents (750) an hour, and no male employee shall receive
less than eighty-nine cents (890) an hour.
(b) No employee compensated under the standard hour plan shall receive
less than the base rate established for the particular job.
(c) No employe compensated on an hourly (day work) basis shall receive
less than the hourly rate established for the particular job.
Equal pay for equal work.— It is agreed that there shall be equal pay for equal
work, regardless of sex or age.
107. Sex Differential on Piecework Operations and on Guaranteed Minimum
Male pieceworkers will receive $1.27 per hour if the pieceworker is employed
on production work that does not have a piecework rate.
Female pieceworkers will receive $1.14% per hour if the pieceworker is em
ployed on production work that does not have a piecework rate.
Female pieceworkers shall receive $1.14% and male pieceworkers shall receive
$1.27 on all material that has to be reworked on which a piecework rate has
not been set.
The rate paid for downtime will be $0.90 for female pieceworkers and $1 for
male pieceworkers.
When employees are working on a job that has a piecework rate and do not
make out they will receive $0.90 per hour for female pieceworkers and $1 per
hour for male pieceworkers.
108. Different Starting Rates for Men and Women
All new male employees without previous experience shall receive a minimum
of one dollar and two cents ($1.02) per hour.
All new female employees without previous experience shall receive a mini
mum of ninety-one and one-half cents ($0.91%) per hour.
----- 5
791531°— 48
28
COLLECTIVE BARGAINING PROVISIONS
109. Different Starting Rates for Men and Women. Equal Pay Principle Stated
Minimum hiring rates for straight hourly paid employees (except apprentices,
office boys and handicapped workers) will be one dollar ($1) for male and
seventy-five cents (75$) for female.
Note.—This agreement has a detailed set of clauses dealing with women on
men’s work. Differentials are permitted until equal proficiency is shown. The
agreement then provides:
“After the woman demonstrates that she has attained the general level o f
proficiency of males in the work involved all payments made to her will be on
the same basis observed in paying males o f comparable length o f service in the
classification.”
110. Different Plant Minimum Rates for Men and Women
It is agreed that each female employee shall be guaranteed and shall receive
for each day’s work no less than seventy-five cents (75$) multiplied by the number
of hours worked on that day. It is agreed that each male employee shall be guar
anteed and shall receive for each day’s work no less than eighty-five cents (85$)
multiplied by the number of hours worked on that day.
111. Different Occupational Rates for Men and Women
The minimum wage or salary per month payable under this agreement shall be
as follows.
For senior male embalmers (who have been employed more than two (2) years
as a California licensed embalmer), not less than $285.
For senior female embalmers (who have been employed more than two (2)
years as a California licensed embalmer), not less than $230.
For junior male embalmers (who have been employed less than two (2) years
as a California licensed embalmer), not less than $215.
For junior female embalmers (who have been employed less than two (2) years
as a California licensed embalmer), not less than $190.
For male registered apprentice embalmers, not less than $130.
For female registered apprentice embalmers, not less than $115.
112. Slower Progression From Hiring to Job Rate for Women Than for Men.
Equal Pay Principle Stated
Progression schedule by which the hourly rates of female employees are increased
from hiring rate to job rate
FEMALE JOBS
Job rate
B ate during
first month
$1.18%________________________________$0.93%
$1.23%-----------------------------------------------.93%
$1.28%________________________________
. 93%
$1.33%________________________________
.93%
Months o f service
to reach job rate
9
11
13
15
Progression schedule by which the hourly rates of male employees are increased
from hiring rate to job rate
M ALE JOBS
Job rate
Rate during
first m onth
$1.18%_________________________________$1.08%
$1.23%________________________________ 1.08%
$1.28%________________________________ 1.08%
$1.33%________________________________ 1.08%
Months o f service
to reach job rate
3
5
7
9
Note.—This is an adaptation from a clause which lists the increments by
months of service.
GENERAL WAGE PROVISIONS
20
Rates o f pay for female employees will be based upon the established rates for
the work performed. In placing women on men’s jobs, where women perform
jobs which are the same as those performed by men, equal pay will be provided
for equal quantity and quality of work.
Where jobs normally performed by men are changed to make them suitable
for women, these changed jobs will be evaluated and classified. Any disagree
ment resulting from such evaluation and classification shall be handled through
the established grievance procedure. When requested in such grievance pro
cedure, the job description and evaluation will be displayed and explained to the
grievance committee.
113. Smaller Increments Within Rate Range for Women Than for Men
Female employees on time work jobs shall be guaranteed at least the following
minimum hourly wages based on length of service with the company, except
sweepers.
(a)
(b)
(c)
(d)
(e)
Starting—eighty-five cents----------------------------------------- $0.85
Four weeks to eight weeks—eighty-seven one-half cents_ .875
Eight weeks to sixteen weeks—ninety cents____________
. 90
Sixteen weeks to twenty-four weeks—ninety-three cents.93
Over twenty-four weeks—ninety-five cents_____________
.95
Male employees on time work jobs shall be guaranteed at least the following
minimum hourly wages based on length of service with the company.
(a)
(b)
(c)
(d)
(e)
Start—eighty-seven cents------- ------------------------------------$0. 87
Four weeks to eight weeks—Ninety, one-half cents_____
. 905
Eight weeks to twelve weeks—ninety-four cents---------. 94
Twelve weeks to sixteen weeks—ninety-eight cents_____
. 98
Over sixteen weeks— one dollar and one cent__________ 1.01
[N ote.—The rate range for women is 10 cents; for men, 14 cents.]
114. Minors Paid Less Than Minimum Rate for Adults for SO Dags. Rate Dif
ferential for Boys and Girls
The minimum wages for boys and girls working under permit from the State
Department of Labor and Industries shall be as follow s:
For the first thirty (30) days of actual work performed:
Boys________________________________________ $0.92 per hour.
Girls------------------------------------------------------------. 82 per hour.
Thereafter, adult wages shall be paid.
This provision shall apply only during the period when such boys and girls have
not attained eighteen (18) years of age and are seasonal employees.
D ifferentials for O lder and H andicapped W orkers
Some agreements contain or provide for lower than regular wage
rates in the case of aged and handicapped employees who cannot pro
duce a normal amount of work. In order to protect the union regular
scale, the special lower rate may be specified in the agreement, or in
the working rules. More frequently unions assume the responsi
bility in negotiating appropriate rates as cases arise. In still other
agreements, a minimum rate may be set below which the wage of the
substandard workers cannot fall. The number or percentage of
30
COLLECTIVE BARGAINING PROVISIONS
handicapped workers may also be limited. Other agreements provide
that workers injured on the job may be transferred to work they are
able to perform with their pay directly related to the wage they earned
before the injury.
115. No Wage Differential on Basis of Age
There shall be no wage differential between employees performing substantially
the same quantity and quality of work on comparable operations, because of
race, sex, or age.
116. Minimum Rate Set for Aged or Handicapped Workers.
Superannuated or physically disabled employees who, after the date of this
contract, are transferred to or hired in this classification shall receive a rate to
be mutually agreed to by the company and the union which rate shall not be
below one dollar and one cent ($1.01) per hour.
117. Aged Workers May Set Own Hourly Rates, Subject to Union Approval
Superannuated members shall have the right to set their own minimum hourly
rate of wages subject in all cases to the approval of the local.
118. Handicapped Employees May be Employed at Lower Rates
Nothing herein contained shall prevent the employment of incapacitated or
superannuated employees at rates or on a basis below those provided for employees
not similarly handicapped.
119. Aged Employees Paid Rate Commensurate With Work and as Agreed to by
Parties
An aged or other employee who gives long and faithful service in the employ of
the company and has become unable to handle his or her assigned work to advan
tage, shall be given every consideration for such other work as may be available,
which the employee is able to perform, at a rate per hour commensurate with the
value of the service performed and as agreed to by the parties hereto.
120. Specified Wage Below Minimum Set for Handicapped Workers.
Proportion of such Workers
Limit on
It is further agreed that in any event 20 percent of the employees of any depart
ment of any shop, weekwork or piecework, may receive less than the minimum
scales above provided for, but in no event less than $22 per week. Said 20 per
cent shall include superannuated or physically defective employees or appren
tices who may be employed in the shop. The term “apprentice’' shall apply only
to the employees employed 6 weeks or less in the industry.
121. Transfer of Handicapped Worker: Rate of Nero Job if Higher; if Lower,
One-Half Difference Between Regular and New Job Rate
Any employee who has become unable to perform his regular work to advantage
after ten (10) years’ faithful service, or because of injury suffered in the regular
course of employment by the company, shall be given preference of other work
he is capable of performing. His rate of pay shall be as follow s: if he is trans
ferred to a position that carries a higher rate of pay, he shall receive the higher
rate, but if he is transferred to a position that carries a lower rate, he shall receive
the lower rate plus one-half (% ) the difference between the lower rate and his
regular rate.
GENERAL WAGE PROVISIONS
31
122. Employees Transferred Because of Industrial Injury Paid Rate of Former
Joh for 6 Months
Employees partially incapacitated as a result of industrial accident or disease
incurred during their employment with the company and not able to perform
their regular job may be transferred to work they are able to perform and shall be
paid not less than their basic hourly rate of pay of job from which transferred for
a period of not to exceed six (6) months after which their rate shall be adjusted
to established rate of job to which assigned.
D ifferentials B ased on P roduct or L o cation of P lan t
Agreements covering a number of employers in a single industry, but
engaged in different classes or types of work, sometimes contain differ
ent wage scales. These aim to reflect the grade of work or service
rendered by the employer, and, indirectly, his ability to pay higher or
lower scales of wages. Hotels and restaurants, for example, may be
classified according to their type of business; moving-picture theaters,
according to their seating capacity, location, and types of pictures
exhibited.
The differential may be based on a price variation in the line of goods
produced. In the needle trades, for example, agreements may provide
higher wages for employees who work on higher priced garments than
for those turning out lower priced goods.
The differential may also be determined by the location of a plant,
especially where agreements are negotiated for a whole industry or a
company with many scattered plants. The wage scales in such cases
may vary with established practices, with living costs in particular
communities, and other factors.
123. Gradual Narrowing hut not Elimination of Differential for Branch Plants
It is mutually agreed between the company and the union that the following
differentials between the company’s [city] plant and the company’s branch plants
located in smaller cities and towns in the [area], applying to time work rates
and piecework base rates, will be recognized:
(a) First year o f operation—branch plant rates approximately fifteen
percent (15% ) lower than [city].
(&) Second year of operation—branch plant rates approximately twelve
percent (12% ) lower than [city].
(c) Subsequent years of operation—branch plant rates approximately ten
percent (10% ) lower than [city].
It is understood that “ approximately” means “to the nearest half cent.”
It is also understood that the fifteen percent (15% ) differential will not apply
to plants started prior to August 1 ,------ .
The union agrees that the differentials herein recognized will be maintained
and that this clause will be carried forward into future contracts unchanged.
124. Differential Based on Location of Plants Reduced
The minimum and maximum of the wage range for each job classification shall
be the minimum and maximum of the range as they existed on October 27, —'— .
No employee will at this time, or under any of the other provisions of this agree
ment, be increased to a rate in excess of the maximum of his job range. The
32
COLLECTIVE BARGAINING PROVISIONS
differential in the hourly rates of pay between employees of the [city] district
and employees of other districts will be changed as of October 27,------ , from five
cents to two and one-half cents per hour.
125. Ten Percent Less for Workers in Some Crafts Outside New York City
Workers in the city of New York employed on garments sold above $3.75 shall
receive not less than the following minimum wage scales for a 35-hour week.
Workers employed outside of New York City on garments sold above $3.75 shall
receive a minimum wage scale not to exceed ten percent (10% ) less than the
wage scales hereinabove enumerated for the various crafts in New York City.
Cutters and graders, samplemakers, and cleaners and pinkers shall receive the
same minimum wages as those provided for above for workers employed in New
York City in the same crafts.
126. Lower Rate for Workers on Low-Priced Garments
Regarding the scale of prices for workers in the city of Chicago employed on
garments sold for $3.75 and below—such workers shall receive not less than fifteen
percent (15%) below minimum scales set forth in this agreement for a full week’s
work.
D ifferentials for P art -T im e and T em porary E m ployees
A wage differential, usually higher than the regular rate, may be
established in industries where the nature of the work requires that
some employees be hired on a part-time basis or for less than a full
week.
127. One and One-Quarter Times Base Hourly Rate for Permanent Part-Time
Employees Working Up to 24 Hours W eekly. Work A fter 24 Hours, Whether
Overtime or Regularly Scheduled, Paid at Base Rate
The base wage for all regularly employed employees employed on a permanent
part-time basis of 24 hours or less shall be one and one-quarter times the base
hourly wage, and any excess hours worked by such part-time employee beyond 24
hours, shall be paid at not less than the hourly wage which a new full-time em
ployee is required to be paid after the 15-day [trial] period referred to in section
5 of this agreement.
The base wage for any regularly employed employees employed on a permanent
part-time basis in excess of 24 hours per week and less than the hours fixed for
such classification shall be for such hours worked above 24 not less than the
hourly wage at which a new full-time employee is required to be paid after the
15-day period referred to in section 5 o f the agreement.
128. Higher Rate for Employees Regularly Working Shorter Number of Hours
Per Week
There shall be two rates o f pay for employees covered by this agreement:
Employees who work less than forty-four (44) hours per week shall be paid
ninety (90) cents per hour.
Employees who work less than forty-four (44) hours per week shall be paid
ninety-five (95) cents per hour, provided, however, that in case an employee is
sick, voluntarily laying off, or in a week having a holiday this rule will not apply.
129. Higher Rate if Working Part-Time Less Than 82 Hours W eekly; Regular
Rate if Working 82 Hours or More
All part-time employees working thirty-two (82) hours or more per week on
a five (5) day basis shall be paid at the hourly rate specified in section 8 of this
GENERAL WAGE PROVISIONS
33
contract. All part-time employees working less than thirty-two (32) hours per
week on a five (5) day basis shall be paid not less than 10 cents per hour above the
scale in the classification in which they work, provided, however, that part-time
employees working twenty-eight (28) hours or less per week shall be permitted
to work six (6) days per week without the payment of overtime on the sixth day.
130. Part-Time Workers Paid Weekly Wages Proportionate to Regular Work
week
Any regular part-time employee shall be covered by all the provisions of this
agreement except that all wage payments and other benefits shall be prorated
in the ratio which the average working time of such employee bears to the regular
workweek.
131. Part-Time Workers Paid no Less Than Jol> Minimum
The provisions of this agreement do not apply to part-time employees working
less than 20 hours per week for the [employer], except that such employees shall
be paid at not less than the minimum hourly rate for the classification in which
they are employed.
132. Temporary Workers Paid no Less Than Job Minimum
Temporary employees shall be paid not less than the minimum hourly rate for
the classification in which they are engaged.
Wages Paid Under Specified Conditions
TRANSFER RATES
Most agreements contain clauses safeguarding employees against
reduction of earnings when they are temporarily assigned to lower
rated work, except when the transfer is made in the employee’s inter
est, as in the avoidance of lay-off. The rates applicable in such down
grading transfers vary with circumstances. On a temporary transfer
to a lower-rated job, the employee generally continues to receive the
regular rate o f the normal job. The definition o f a temporary transfer
is usually included in the agreement. On a transfer to higher-rated
work the employee usually receives the higher rate, sometimes with
the qualification that his work must be satisfactory.
Some agreements make no distinction between transfer to jobs
with higher ratings and those with lower ratings but differentiate only
between changes made solely at management’s request and those made
in the employee’s interest. Generally, an employee shifted from his
regular work in the employer’s interest receives a special rate or the
higher o f the two rates. On the other hand, if the transfer is made
at an employee’s request or to his advantage, he must usually take the
rate o f the new job even if it is lower; in such cases, however, he may
be protected by a specified minimum.
Some agreements spell out the effective date of the rate change in
the event o f transfer: A t the time of transfer; after a specified time;
or after a given trial period.
Employees permanently transferred to a new job generally receive
the rate o f the new job. When the transfer brings a rise in pay, a
34
COLLECTIVE BARGAINING PROVISIONS
worker may be required to demonstrate his ability to do the job
before receiving the higher rate. I f a demotion is involved, he may
be allowed to retain his former rate for a short time. Sometimes
agreements contain detailed schedules stretching a necessary down
ward wage adjustment over a period of time.
I f a range o f rates rather than a single rate is paid on the new
job, it becomes necessary to decide at what point within the range
the employee starts if he is transferred. Agreements sometimes con
tain some sort of safeguard providing that the employee who is moved
to a higher classified job shall not start at a rate below his previous
existing rate. I f the transfer is to a lower paid job, he may continue
to receive his original rate or the maximum rate of the new job classi
fication, whichever is lower.
T em po rary T ransfers
133. Temporary Transfer to Lower Rated Job—No Redaction Unless Regular Job
Discontinued Indefinitely
When an employee is temporarily transferred to a lower rated job, he shall
receive his regular rate of pay. This does not apply to an employee whose regu
lar job has been discontinued for an indefinite period. Temporary transfer shall
be defined as not to exceed ten working days, unless agreed between the union
and the company, to the contrary.
134. Transfer to Lower Rated Job—No Reduction for 60 Consecutive Days
Any employee who is regularly assigned to a position and who is required to
fill a position paying a lower rate, his rate shall not be reduced until after sixty
(60) consecutive days.
135. Temporary Transfer to Lower Rated Job: No Reduction Unless Transfer
Due to Health Condition Not Due to Job With Company
Whenever an employee is temporarily transferred from a higher rated job to a
lower rated job, he shall receive the higher rate of pay, unless he shall have been
transferred to the lower rated job in lieu of being laid off, or condition of health,
in which case, he will receive the lower rate of pay permanently provided, said
condition of health was not a result of his employment in this company.
136. Temporary Transfer to Lower Rated Job: Top Rate of New Job or Present
Rate, Whichever is Lower, if Transfer Due to Lack of Work or Demotion;
Present Rate if Transferred at Company Request
When an employee is transferred due to lack of work or as a result of demotion
to a lower rated occupational classification, he will receive the top hourly wage
rate of the occupational classification to which he is transferred or his present
hourly wage rate, whichever is lower. When an employee is temporarily trans
ferred to a lower rated occupational classification on the request of the company
and there is work available on his regular occupation such employee shall con
tinue to receive the same hourly wage rate that he would have received had he
continued on his regular occupational classification. Such temporary transfers
shall not exceed fifteen (15) working days and shall not be used to avoid the
recall procedure. In the event of a transfer to a higher rated occupational classi
fication, the employee shall receive his present hourly wage rate or the minimum
hourly wage rate for that occupation, whichever is higher.
GENERAL WAGE PROVISIONS
35
137. Temporary Transfer to Higher Rated Job: Paid Higher Rate
When an employee of a lower classification is directed temporarily to perform
work of a higher classification he shall receive the regular wage of the higher
classification, but only while so engaged in such work.
138. Temporary Transfer to Higher Rated Job: Rate of Highest Paid Job for Day,
Provided Employee Has Worked 4 Hours at the High Rate
In the event of transfers, the highest rate for any job worked during such day
shall be the rate paid for the full day, provided the employee has worked four or
more hours in the day on such highest rated job.
139. Temporary Transfer to Higher Rated Job—Higher Rate if Qualified. ThirtyDay Limit on Temporary Transfers
I f an employee is required temporarily to perform work of a higher paid classi
fication, he shall receive the wages of the position to which he has been assigned,
during the period of the temporary transfer, provided however, that in the judg
ment of the company he has the experience and the ability to do similar work to
that of an employee of the higher paid classification. In all cases where the
employee lacks experience, the lower scale shall apply until such time as the
employee is qualified. The period of temporary transfer shall not exceed
30 days.
140. Transfers at Employer's Request—Specified Rate or Rate of New Job,
Whichever is Higher
Where a mine worker is required by a mine official to leave his work at the
face to perform other labor he shall be paid at the rate of $ . . . a day. If he is
called upon to perform labor where the scale rate is higher than $ . , he shall be
paid at the scale rate.
141. Temporary Transfer—Paid Rate of New Job if Transfer Not for Company's
Advantage
Any employee transferred temporarily to other work because of lack of work
on his or her regular operation or for other reason not primarily or solely to the
advantage of the company shall be paid at the rate o f the work to which
transferred.
142. Temporary Transfer—Rate of Pay Varies with Reason for Shift
When an employee is temporarily assigned to a job other than his regular
job for any of the following reasons, he shall be paid the job classification rate
of the job to which he is assigned, plus any incentive earnings that he may earn
on the job to which he is assigned.
(1) When work on the employee’s usual job is not available;
(2) When the assignment is made at the request of the employee;
(3) When the employee is physically incapable of performing his regular job ;
(this shall not be construed so as to deny an employee his rights under the
workmen’s compensation law of Pennsylvania) ;
(4) When the transfer is the result of disciplinary action;
(5) When the employee is working out of labor reserve;
When an employee is temporarily assigned to a job other than his regular
job for any of the following reasons, he shall be paid the job classification rate
plus the incentive earnings on the job to which he is assigned, or he shall be
paid the job classification rate plus incentive earnings that he would have received
had he worked instead on his regular job, whichever is higher;
(1)
When the employee is removed from his regular job and is temporarily
assigned to another job and is replaced on his regular job by another em
ployee ;
791531°— 48----- 6
36
COLLECTIVE BARGAINING PROVISIONS
(2) When the employee is removed from his regular job and is temporarily as
signed to another job in the same seniority group and he is not replaced by
another employee but the employee’s regular crew continued to operate shorthanded ;
(3) When the employee is removed from his regular job and is temporarily
assigned to a job in another seniority group, provided work is available to
him on his regular job during such temporary assignment.
(4) When the employee is removed from his regular job and is temporarily
assigned to work on another job, because his special skill and/or job knowledge,
in the opinion of the company, will be required on the temporary assignment
until such time as another employee can be trained.
The union undertakes for itself and the employee to cooperate with the com
pany in cases where such temporary assignments are necessary to prevent inter
ference with plant operations, to meet production schedules, or to do work caused
by emergencies such as fire, flood, etc.
143. Rate of Original Job Paid During Temporary Transfer to Higher or Lower
Rated Job
I f an employee is transferred to a higher or lower rated job for a definite
period not exceeding thirty (30) days, he shall retain his rate current immedi
ately prior to such transfer.
144. Temporary Transfer to Lower Rated Job, Retains Higher R ate; to Higher
Rated Job, Receives Higher Rate
Employees working temporarily on a lower rated job shall retain their higher
rate of pay.
When an employee is transferred to a higher rated job, on either a permanent
or temporary basis, he shall receive the higher rate of pay immediately.
145. Temporary Transfer to Higher Job, Paid Higher Rate for 1 W eek ; Tem
porary Transfer to Lower Job, Paid Higher Rate for 2 Weeks
When an employee is temporarily transferred to a job paying a higher rate,
he shall receive the higher rate of pay for 1 week but not longer, unless he
is, in the opinion of the management, qualified to do the job.
When an employee is transferred temporarily from a higher to a lower rate
o f pay, the higher rate of pay shall prevail for a period of 2 weeks.
After the period set forth above, an employee shall be considered to be per
manently transferred and the proper rate of pay for the job shall prevail.
146. No Pay Cut on Temporary Transfer Due to Industrial Illness
Any employee changed to another job or classification because of any industrial
illness shall not be reduced in rate of pay for the duration of such temporary
transfer.
P erm anent T ransfers
147. Temporary or Permanent Transfer at Employee's Request or to Avoid Lay
off-P a id Rate of New Job
It is also mutually understood that an employee making a transfer at his own
request, or an employee going to another job due to a lay-off from the work
he regularly has been doing, shall be paid at the regular rate of the job to which
he temporarily or permanently transfers.
148. Temporary and Permanent Transfer Pay Basis Differentiated
In the event an employee is permanently transferred from a lower rated to
rated job, he shall within a week after such transfer, receive the
minimum of the higher rated job or at least 5 cents above his former rate
a higher
GENERAL WAGE PROVISIONS
37
of pay, whichever is higher. Employees permanently transferred to lower rated
jobs shall receive their former rate or the maximum rate of the lower rated job,
whichever is lower.
I f an employee is temporarily transferred to a lower rated job, he shall con
tinue to receive his regular rate of pay while doing the temporary work. If
temporarily transferred for 5 hours or more to a higher rated job, he shall
receive the minimum rate of the higher rated job or 5 cents above his regular
rate, whichever is higher, while working the higher rated job.
149. Permanent Transfer to Higher Rated Jot)— Paid Higher Rate
I f the employee is permanently transferred to a higher hourly rated occupation
he will receive the prevailing hourly rate in that occupation.
150. Permanent Transfer to Higher Rated Job—Paid Minimum Rate of New
Job or Previous Rate, Whichever is Higher, A fter End of Workweek
An employee transferred to a higher rated job shall work for the remainder of
the workweek in which such transfer occurs at his previously existing rate and
shall thereafter receive the minimum rate for the new job, or his previously,
existing rate, whichever is higher.
151. Transfer to Higher Rated Job—Paid Working Rate of Job for 15 Days Then
Top Rate. No Delay if Previously Experienced at Top Rate
When an employee is promoted or transferred to a higher paid classification,
he will be paid the working rate of the new classification for fifteen (15) days
after which he will receive the top rate. I f he has previously worked on and at
the top rate of the classification to which he was promoted or transferred, he
will be paid the top rate immediately.
152. Permanent Transfer at Employee's or at Company's Request: Joint Determir
nation of Rate Applicable
When an employee in any department desires, and requests a transfer to
another department, the company upon agreeing to said request for transfer will
place the employee on the requested job. If said employee should be placed as
a trainee, within thirty (30) days the company and the shop committee, taking
into consideration the employee’s prior shop experience, shall, by mutual agree
ment, determine a starting rate and shall place said employee at said rate agreed
to between the starting rate of the classification to which he has been transferred
to and his previous occupational rate. In no case shall transferred employees
start the new classification at a higher rate of pay than that of his previous
classification. The period for automatic increases shall start at the date of the
transfer.
When an employee is transferred at the request of the company, said employee
shall maintain his present occupational rate for thirty (30) days. Within said
thirty (30) days, the company and the shop committee, taking into consideration
the employee’s prior shop experience, shall by mutual agreement determine a
starting rate and shall place said employee at said rate agreed to between the
starting rate of the classification to which he has been transferred and his pre
vious occupational rate. The period for automatic increases shall start at the
date o f the transfer.
153. Transfer at Management Request—Rate o f New Job or Average Earnings
of Regular Job, Whichever is (Treater
When an employee is requested by management to work on a job other than
his regular job he shall receive the rate of pay for the new job or his average
hourly earnings for his regular job, as computed from the preceding pay-roll
period, whichever is greater.
38
COLLECTIVE BARGAINING PROVISIONS
154. Permanent Transfer to Lower Rated Job: Different Treatment for Jobs
Within or Outside Classification Group. No Rate Change During W eek in
which Transfer Made
An employee transferred to a lower rated job in his classification group shall
work for the remainder of the workweek in which such transfer occurs at his
previously existing rate and shall thereafter receive a rate determined by apply
ing his position in the rate range for the previous job against the rate range for
the lower rated job.
An employee transferred to an equally or lower rated job outside of his classi
fication group which he has previously satisfactorily performed for the com
pany shall work for the remainder of the workweek in which such transfer occurs
at his previously existing rate and shall thereafter receive a rate determined by
applying his position in the rate range for such job at the time such employee
last worked therein against the current rate range for such job.
155. Transfer to Lower Rated Job When Job Discontinued—No Pay Cut for
1 Year. Company May Disregard Seniority in Transferring Such Employee
to Another Job Paying Higher Rate Than Job on Which Currently Working
In the event of a job being discontinued as a result of a change in the manner
of handling an operation, the employees affected will be treated in line with their
company service rights. If, as a result of such change, an employee has to be
transferred to a job paying a lower rate, he will be permitted to carry, on any
job to which he might be assigned, the hourly rate that he has been receiving for
a period of not more than 1 year from the date of the change. During that
period, the company will attempt to place such an employee on a job paying his
normal rate. It is understood that the company will be privileged, either before
or after the end of the year’s period, to place such an “ out-of-line-rate” employee
ahead of a senior employee, in filling any open jobs which pay a higher rate than
the job on which such an employee is working at that time. The company will
not require employees to change shifts in order to conform to this procedure.
156. Permanent Transfer to Lower Rated Job for Discipline or to Avoid Lay-off:
Lower Rate After 14 Days
An employee permanently demoted, due to a reduction in force or for discipli
nary reasons, will begin to receive not less than the minimum salary of the
classification to which he is reduced 14 days after the date of such reduction.
157. Transfer to Lower Classification to Avoid Lay-Off—A fter 1 W eek, Paid
Maximum of Rate Range of Lower Job
It shall be the policy before laying off any employees to move them from one
work classification to another, wherever consistent with the employee’s experience
and skill, but if not so consistent, then the employee may refuse such transfer and
upon lay-off the employee shall retain his seniority. When employees are moved
from a higher work classification to a lower, a rate reduction will be made to
the maximum of the rate range to which the employees are transferred. When
employees are transferred to a job or classification paying a lower rate, the
change in rate shall not be made for at least one (1) week from date of trans
fer. It shall be the policy of the company to transfer such employees back to
their original classification and restore their original rate before recalling or
rehiring other employees for such work, and as soon as feasible after increasing
hours. Employees who are temporarily transferred to another job or classifica
tion in connection with normal shop operations (to help out on another job or to
take another employee’s place while such employee is temporarily absent) shall
not suffer a reduction in their hourly rate as a result o f such transfer.
GENERAL WAGE PROVISIONS
39
158. Cushioning Allowance Schedule When Earnings Permanently Reduced "by
Transfer for Specified Causes
5. Procedure fo r effecting downward adjustment in earnings.
5.1 When an employee’s earnings, excluding the effect of night work bonus,
7-day coverage bonus and overtime allowance, are permanently reduced by any
of the following causes, he shall be paid a cushioning allowance that will be
gradually reduced so as to result in a reduction in earnings over a period not
to exceed twelve (12) workweeks starting from date of notification to the em
ployee of the impending change (which shall not precede the effective date of
the change by more than 4 workweeks) or from the effective date of change if no
advance notification is given.
Down grading due to lack of work, or
Formal transfer due to lack o f work, except a transfer from one piecework
assignment to another when the difference in earnings is 6 cents per hour
or less, or
Consolidation of piecework groups or the inclusion o f individual piece
workers into a piecework group in accordance with paragraph 5.1 of article
15—piece rates, except when the difference in earnings is 6 cents per hour
or less.
5.11 The schedule of reduction shall be as follow s:
Period
Am ount o f reduction
Total prospective
Total prospective
reduction o f $0.18 or less reduction over $0.18
1st through 4th workweek___________ No reduction__________ No reduction.
5th through 8th workweek___________Up to $0.06------------------ % of total.
9th through 12th workweek__________ Up to $0.06 additional. Add % of total.
18th workweek and thereafter_______ Remainder, if any____ Remainder.
5.12 I f a subsequent change involving a reduction in average total hourly
earnings of an employee occurs during the period of a prior scheduled reduction,
such additional reduction shall be superimposed on the one currently in effect
so as to complete the additional reduction not later than the beginning o f the
thirteenth workweek following the effective date of the subsequent change.
5.2 Cushioning allowances payable for the first four workweeks per para
graph 5.11 shall be determined as follow s:
5.21 Determine the earning rate of job from which changed as follow s:
If daywork—use employee’s standard hourly rate.
If piecework—use employee’s total average hourly earning rate, based on
the latest fiscal month for which earnings information is available at
effective date of change.
5.22
Determine the earning rate of job lo which change as follow s:
If daywork—use employee’s standard hourly rate.
I f piecework—use employee’s expected average hourly earning rate as
of the effective date of change.
5.23 Subtract the earning rate of job to which changed (par. 5.22) from the
earning rate of job from which changed (par. 5.21).
5.3 Cushioning allowances shall be applied to all time paid for during the
applicable periods in paragraph 5.1, including absences approved for payment.
5.4 Night Work Bonus and 7-day Coverage Bonus shall not be applied to the
cushioning allowance.
40
COLLECTIVE BARGAINING PROVISIONS
5.5
The foregoing shall not apply to down-gradings or transfers resulting from
the follow ing:
5.51 Those made at the conclusion of a temporary upgrading such as vacation
relief, replacement o f absent employees, or business emergencies when the em
ployee has been notified at the time of upgrading he would return to his former
rate at the termination of his temporary upgrading (less than 6 months).
5.52 Those made due to inability of employee to perform the work assigned.
5.53 Those made for disciplinary reasons.
5.54 Those made at employee’s request.
159. No Pay Cut When Transferred at Employer’s Request
No rate of pay shall be decreased as a result of a transfer at the request o f the
employer. However, any transfer made pursuant to the lay-off procedure (art.
X II) shall not be deemed a transfer at the request of the employer.
160. Transfer to Higher Rated Job—Paid Old Rate or Mid-Point of New Rate
Range, Whichever Higher. Transfer to Lower Rated Job—Assumes Same
Relative Position in Lower Grade as in Former Grade
I f an employee is transferred to an occupation in a higher paying labor grade,
he shall receive not less than his previous rate, or the mid-point of the new range,
whichever is higher. I f an employee is transferred to an occupation in a lower
paying labor grade, he shall be placed in the same relative position in the lower
labor grade which he had in the previous labor grade.
161. Permanent Transfer—Distinction in Pay Status of Piece and Time Workers
When an employee is permanently transferred to another job, he shall receive
pay as follow s:
If the job is on a piecework basis he will receive the same rates of pay as others.
I f the job is on an hourly-rate basis he will be paid in direct proportion to the
quantity and quality of his work in relation to the work of others in the depart
ment. His rates will be adjusted afterward as he improves until he gets the
rates paid to others for full production.
O th er T ransfer P a y C lauses
162. Transfer Rate—Pay Basis Geared to Skill in Job to Which Transferred
I f an employee is transferred from one occupation to another in which he is
skilled (except in case of reduction of forces) there shall be no change in rate,
and his rate of progression thereafter, starting from the date of transfer shall
be in accordance with schedule “A,” and the date of his next increase shall be
figured from the date of his last increase, provided, however, if his rate at the time
of transfer is more than the top rate for the occupation to which he is being
transferred, he shall thereafter be paid the top rate of his new occupation.
I f an employee is transferred from one occupation to another in which he
is not skilled (except in case of reduction of forces) he shall be transferred at
a rate to be determined at the time, except that the rate shall not exceed eightyfive (85) cents per hour if it is necessary for the employee to be trained for his
new occupation by attending the prescribed training course or taking the obser
vation trainee course. His rate of progression thereafter, starting from the
date of transfer, shall be in accordance with schedule “A” and the time for his
next increase shall be figured from the date of his last increase.
163. Transfers: Relation of Job Rate to Rate Range and Automatic Progression
Any classified employee transferred to another job in a higher classification
in the same or another department shall be reclassified immediately, and shall
receive the same rate of pay, or minimum rate of the new job classification,
GENERAL WAGE PROVISIONS
41
whichever is the higher. The employee transferred shall continue to receive
the regular automatic increases at the rate o f 5 cents per hour for each 3
months of service until the maximum rate of the new classification is attained.
Classified employees who have reached the maximum of their job classification
and have not received an increase for three or more months and who are trans
ferred to another job in a higher classification in the same or another depart
ment shall be reclassified immediately. These employees shall receive an in
crease of 5 cents per hour over their current rate at the time of the transfer
or the minimum o f the new job classification, whichever is higher. They shall
then receive 5 cents per hour increases automatically at the end o f every 3
months from the time of reclassification until the maximum rate of the new job
classification is attained.
Any classified employee transferred to another job in a lower classification in
the same or another department shall be reclassified immediately and receive
the same rate of pay, or the maximum rate of the new job classification which
ever is lower. If the employee has been transferred at the same rate of pay,
he shall continue to receive the regular automatic increase at the rate of 5 cents
per hour for each 3 months of service until the maximum rate of the new
job classification is attained. If the employee is transferred at the maximum
rate of the new job classification, there will be no further increase as the
employee is already at the maximum rate for the new job classification.
Classified employees transferred to another job in the same or another depart
ment, which job is in the same grade, shall continue to receive automatic increases
the same as if he had remained on the original job.
Employees transferred to a position they formerly occupied shall return to
the same relative position in the rate range at which they left.
184. Transfers: Relation of Job Rate to Rate Range and Merit Increases
When an employee is transferred from one job to another due to lack of work,
demonstrated lack of ability, or at his own request, his rate will be affected as
follow s:
(1) I f his existing rate of pay is within the rate range of the new job, he
will retain his existing rate.
(2) If his existing rate of pay is below the minimum rate of the rate range
of the new job, his rate will be increased to the minimum rate of the new job.
(3) If his existing rate is above the maximum rate of the rate range of the
new job, his rate will be the maximum rate of the new job.
(4) Any employee transferred to a job on which he has previously worked
will take the last rate he received on that job, provided that such last rate is
above his existing rate. If such previous rate is below his existing rate, there
shall be added to such last rate the total of all merit increases received by such
employee after leaving the job to which he is being retransferred, provided,
that this new rate may not exceed the maximum o f the rate range for that
job.
185. No Pay Cut Because of Job Transfer
There shall be no reduction in pay rates of an employee during the term of
this agreement and no employee shall suffer a reduction in pay rates because
of a transfer from one job to another or because of job classifications.
166. No Demotion or Pay Cut on Transfer Unless Union Consents, Except for
Transfer in Lieu of Lay-off
No employees may be reclassified to a position of lower rank in his occupa
tional group nor suffer a reduction in pay when transferred to another occupa
tional group unless the union shall give its consent, except in cases where an
42
COLLECTIVE BARGAINING PROVISIONS
employee accepts such reclassification in lieu o f lay-off or in the case o f em
ployees who no longer have the necessary qualifications for the higher rank.
The company agrees not to use demotion as a disciplinary measure.
167. Rate on Transfer Geared to Jobs Worked During 4-Hour Periods During Day
When an employee changes from one classification to another during any
shift, then such shift will be divided into two (2) 4-hour periods. The
employee will receive for each 4-hour period the highest rate of pay which
applied to any job which he performed during the 4-hour period. No em
ployee will have more than two rates of pay in any one shift. The company
agrees to make every reasonable effort to maintain employees in their regular
job classifications.
168. No Rate Change During Week in Which Transfer Made, Except in Inter
departmental Transfers
The hourly rate assigned each employee at the beginning of the workweek
shall apply throughout the entire week. When an employee is assigned a job
o f higher or lower base rate, an adjustment in his hourly rate of pay shall be
made beginning with the following week, except in interdepartmental transfers
where the rate of the new classification shall become immediately effective.
169. Effective Date of Applicable Rate Differs for Transfers to Lower and
Higher Paid Jobs
In the event an employee is transferred to a higher rated job or classification,
he shall receive the rate of pay for such work commencing in the next pay
period. If he is transferred to a lower rated job or classification he shall be
paid the lower rate after 2 weeks.
M IN IM U M
CALL AND CALL-BACK PAY
R eporting or C a ll P a y
It is common in union agreements to guarantee a minimum payment
to employees who report to work at the usual hour or who are called
to work and find no work available or are not given a full shift’s
employment.8 Such payments compensate workers for the time lost,
the inconvenience and expense of their trips to work. They also
penalize management for failing to notify workers not to report for
work and emphasize management’s obligations in scheduling work.
Although the intent of such guarantees is not always clear, pre
sumably some of the provisions are meant to cover a minimum guar
antee to employees not only for reporting to work at the regular
time but for reporting, on call, outside of regular hours. Some agree
ments, however, distinguish between reporting pay, which employees
report for work at the regular starting time and call-in or call-back
pay, when employees come to work at management’s request at other
than their regular working hours. The amount of the guarantee may
differ according to the particular circumstance of the call.
Sometimes management may be required to give “ adequate” or a
# In some States having a minimum wage law, employees who are required to report fo r
work must be paid fo r a specified number o f hours, whether or not work is available. This
requirement is usually contained in minimum wage orders, and is not a statutory provision.
GENERAL WAGE PROVISIONS
43
specified period o f notice not to report in order to escape liability for
the guarantee, except where circumstances beyond its control make it
impossible to give such notice. “No work” notification to employees
may be made in various ways, such as by telephone, telegram, a loud
speaker system, a local radio broadcast, a notice on the bulletin board
or to the union representative, or oral individual or group warning.
Unless the employees are ordered not to report, they are usually
guaranteed pay for a specified number o f hours, whether or not enough
work is available. This minimum guaranty ranges from 2, 3, or 4
hours to a full shift.
Keporting or minimum call pay guarantees may differ, depending
on whether the employees are or are not put to work. The guarantee
may be a specified amount i f the employee is sent home without doing
any work and a larger amount if work is started before he is sent home.
In some agreements the employees are further guaranteed that if they
work a certain number of hours (usually half o f their regular shift)
they must receive pay for a full shift.
Under some agreements, a worker is required to work the full
guaranteed time, if an employer requires it, or forfeit the guaranty.
Under others, a worker may not be required to work on other than
his own job, and is entitled to the guarantee if such work is not avail
able. An employer may also have the option o f sending workers
home or keeping them at the plant for the length o f time covered by
the guarantee pay.
Many agreements which guarantee minimum call pay exempt an
employer from such penalty or modify it if the nonavailability of
work is due to circumstances beyond his control, such as fire, inclement
weather, flood or earthquakes, failure o f raw materials to arrive, and
power failure. Payment may also be waived because a work stoppage
has prevented employees from working; because a member o f a team
is absent; or because other acts of employees prevent management from
providing work. A few agreements providing stich exemption may
require payment o f a smaller amount than the regular guaranty in
case of general power failure.
Special provisions governing minimum call pay for certain groups
such as pieceworkers or workers on night shifts, are frequently
included.
170. Four Hours’ Minimum Reporting Pay
Any employee reporting for work on any day having been ordered to report (or
reporting for work in regular course, not having been ordered not to report)
shall be given 4 hours’ time at his or her regular rate.
171. Four Hours’ Report Pay. Method and Time of Notification Given
Any employee who is required to report for work and who is sent home, through
a fault solely attributable to the employer, and not due in whole or in part to
T01581*— 48----- T
44
COLLECTIVE BARGAINING PROVISIONS
the absence of any member of a team or to other causes beyond the control of
the employer, shall receive full payment for a 4-hour period at his regular
average hourly rate, just as though he had worked during that period.
It is agreed that when a company wishes to notify an employee not to report
for work, it has a responsibility to adopt a method of notification which will be
reasonably certain to reach the employee. If the company wishes to discharge
this responsibility with certainty, a telephone call to the employee or his im
mediate family or a telegram should be used.
I f an employee is not to report for the p. m. shift, the company will have
discharged its obligation to notify if a telephone call to the employee or his
immediate family is completed or if a telegram is sent by the company 2 hours
or more prior to the start of the shift. I f an employee is not to report for the
a. m. shift, similar notice must go out not later than the close of the p. m. shift.
It is recognized that notice should be given at the earliest possible moment
but the 2-hour provision is a minimum time requirement for notification.
It is also recognized that, where employees live in rural areas not quickly acces
sible by telephone or telegraph, both parties should expore the possibe methods of
notification and adopt a procedure which does not place any undue hardship
or expense on the company but which gives the employees reasonable protection.
If an employee is not working because of illness or leave of absence and if
the duration of the leave, no matter how short, is indefinite, the employer is
not required to notify that employee if his or her department is not scheduled
to work on a particular day. It is the responsibility of the employee to contact
the company at some time during the day preceding the day he or she is ready
to work to inquire whether the department is working.
172. Eight Hours' Report Pay on Weekdays; k Hours on Saturday
When an employee reports for work, unless he is notified not to report during
the previous day, he is to be paid for eight (8) hours’ work or eight (8) hours’ pay
at his occupational hourly base rate or the incentive earnings on the job to
which he may be assigned, whichever is greater. This is to apply on any day
from Monday to Friday, inclusive; for Saturday a minimum of four (4) hours
work or four (4) hours pay at his occupational hourly base rate or the incentive
earnings on the job to which he may be assigned, whichever is greater.
173. Four Hours' Work or Specified Monetary Amount
Any employee who, within the time provided for, reports for work at the
request of an employer shall be furnished with some work, regardless of whether
such work is that for which he has been asked to report; such work to continue
for a period of at least 4 hours, or in the alternative, he is to be paid the sum
of three dollars ($3) in cash. This provision shall be also applicable to a new
employee, except that should such new employee receive no work whatsoever,
he shall be paid the sum of one dollar ($1).
174. Four Hours' Call-In Pay at Regular Rate Even if Assigned Other Work
Unless notified prior to reporting, if an employee reports for work in the course
of his regular line o f duty and no work is available in his regular classification
so far as possible he will be given a minimum of 4 hours’ work or one-half
shift work, at some other classification. Such time so worked shall be paid for
at his regular classification rate. I f he refuses such work the company shall
have no obligation to him. Should no work in another classification be available
he will be given 4 hours’ pay at straight time at his regular classification. In
case of a major break-down or a catastrophe affecting the work of six (6) or more
men the above provision shall not apply.
GENERAL WAGE PROVISIONS
45
175. Four Hours' Pay if no Work D one; Full Day's Work if Work Actually
Begun
Any employee reporting for work on instructions of Ms supervisor, or due to
the supervisor’s failure to instruct him not to report for work, will be permitted
to work a full day or will be sent home without working and allowed 4 hours’
pay for reporting.
176. Four Hours' Report Pay if Work Started; 2 Hours if no Work Available
or Employee Refuses Assignment
I f an employee reports for work and no work is available on his job the com
pany will endeavor to provide the employee with a minimum of four (4) hours
work that may be available. If the employee does not desire to take the work
as assigned or if no work is assigned he will only be paid two (2) hours call-in
pay at his regular hourly rate. If an employee is notified not to report for work
previous to the start of his shift he will not be eligible for the above call-in pay
or work.
177. Three Hours' Pay or Work in Own Department; Otherwise, Employee May
Leave Plant and Receive Pay
All hourly rate employees who are sent home before the termination of the
day shall receive a minimum o f 3 hours’ pay or 3 hours’ work in their own de
partment at their regular hourly rates. This will not be construed to require
the company to pay 3 hours’ pay in cases of emergency outside the company’s
control which affects a whole department or division. It is understood and
agreed that if the company cannot provide work for an employee in his own de
partment, such employee shall be entitled to 3 hours’ pay and will be permitted
to go home.
178. Four Hours' Pay if Employee Works Less Than 3 H ours; Full Day's Pay
if Employee Works More Than 3 Hours
Whenever an employee is required to report for work as scheduled and then
shall not be required to work, or shall work less than three (3) hours, he shall
receive pay for not less than four (4) hours’ work. If three (3) hours are
worked he shall be compensated for a full day.
179. Six Hours' Pay or Full Day's Pay if Held in Plant
Whenever any employee regularly reports for work on a regular work day
or his shift period, he shall be guaranteed at least six (6) hours work or its
equivalent in pay. If the employee is kept on the premises in anticipation of
work, he shall be guaranteed a full day’s work or its equivalent in pay.
180. Eight Hours' P a y; 4 Hours at Regular Rate if Work not Available Be
cause of TJnusual Circumstances
It is to the management’s best interests to provide a full eight (8) hours of
work for all employees in the usual execution of the day’s working schedule,
and furthermore, management will guarantee said eight (8) hour workday in
those cases wherein:
(1) An operator is specifically told by his foreman or supervisor to report
for work on any specified day.
(2) An operator reports for work in the usual course o f events and because of
an obvious neglect on the part of the foreman in failing to anticipate the normal
needs of his department was formerly subjected to being sent home for lack of
work.
(3) Management however, will not be responsible for any production stoppage
because of acts beyond its control, as failure of material delivery, unusual
46
COLLECTIVE BARGAINING PROVISIONS
mechanical, chemical or electrical failure, etc., or any o f the disturbances of
nature, known as acts of God. In cases such as these management will hold
itself responsible for four (4) hours call-in time, which will be paid an operator
at his regular hourly time work rate, regardless of the work he is instructed
to perform because of reasons enumerated as above.
181. Eight Hours’ Call Pay for Time W orkers; 5 Hours for Pieceworkers
If a week worker or an hourly worker is requested by the employer to report
for work on the day following, such worker shall be paid for a full day’s work,
irrespective of whether work is furnished the worker so reporting.
Unless a pieceworker is told not to report for work the following day, and
upon so reporting, the employee shall be guaranteed work for the first five (5)
hours of*the day or pay therefor. I f there is no work for him after the first
five (5) hours it shall be optional with the employee to either wait for work
or leave the shop.
182. Four Hour Minimum for Pieceworkers if Work not Furnished Within SO
Minutes A fter Reporting
Employees employed on an hourly basis who report for work at their usual
time shall receive a minimum of 4 hours’ pay for the day unless previously
notified not to report for work. Employees employed on a piece rate basis who
report for work at such time as they are notified to report shall, if work is not
provided for them within 30 minutes o f such time, receive a minimum o f 4
hours’ pay for the day computed hourly on the basis o f their regular earnings.
183. Full Day’s Pay During Season; 4 Hours’ Pay at Other Times
During any racing season any employee reporting for work at the regular start
ing time, and who has been ordered to report and there is no work available for
the said employee, shall be entitled to one (1) day’s report time at straight time
rates.
During the nonracing season any employee reporting for work on order at the
regular starting time, for whom no work is available, shall be entitled to four
(4) hours’ report time at straight time rates; providing, however, that if work is
available for four (4) hours, but less than eight (8 ), he shall be entitled to one
(1) day’s pay at straight time rates.
184. Full Shift Guarantee for Third Shift W orkers; 4 Hours’ Pay for Other Shifts
Any employee ordered to report for work and reporting at the regular hour shall
be guaranteed a minimum amount o f work or pay in lieu thereof. In the case of
employees on the first and second shifts the guaranteed work (or pay in lieu
thereof) shall be 4 hours; in the case of employees on the third shift, it shall
be the full shift.
185. Four Hours’ Call P a y ; 2 Hours at Overtime Rate for Week End and Holi
day Calls
Employees starting a shift, or called and starting to work after the starting
time of a shift, shall receive not less than four (4) hours* pay.
Employees required to report for work not continuous with their regular as
signed shift hours, or on Saturdays, Sundays, and holidays, shall receive not less
than two (2) hours’ pay at the specified overtime rate.
Employees required to report for work and not used, shall receive four (4)
hours* straight time pay.
The foregoing rules, (a ), (b), (c), shall not apply where an employee is not
put to work because of bad weather or break-down o f machinery, except that this
shall not be construed to cover failure to have work or vessel available.
GENERAL WAGE PROVISIONS
47
186. Different Amount of Call Pay in Case of General Power Failure
The company agrees that in the case of all employees instructed to report
for work (regular employees shall be assumed to have been instructed to report
for work unless told not to do so) by a responsible department supervisor for
whom, after reporting for work, the company fails to provide employment, it shall
guarantee 4 hours’ pay at his or her regular rate of pay (which in the case of
pieceworkers shall be considered the running average of the occupation) unless
such failure to provide employment is due to causes beyond the control of the
company, except that when such cause is general power failure, the company
shall guarantee the employee 2 hours’ pay at his or her regular rate of pay.
187. Conditions for Guaranty of 8 Hours' Work for Reporting or Call-Back.
Definition of Call-Back
Any employee (a) reporting for work on a day and at the start of a shift
he is scheduled to work unless he has been notified not to so report, and. any
employee (b) called to report for work when off duty and after leaving the job
and reporting accordingly except in cases provided for in paragraph 1, shall
be guaranteed eight consecutive hours of work beginning at the time he so re
ports, providing that such guarantees do not apply.
(a) If when reporting for work the employee is sick or otherwise unfit for
work, or
(b) If the employee leaves without permission of his foreman, or
(c) I f at the request of the employee he is permitted to leave except when due
to disability arising while at work, or
(d) I f pay for any 8-hour period is not allowed by the company or claimed
by the employee or his authorized representative within 60 days after the 8 hours
on which the pay or claim for pay is based.
As used in this paragraph “called after leaving the job” means that the employee
has been called after having completed a shift’s work and after having returned
to his house or having left the company premises for a distance o f at least 5
miles or for a time o f at least 1 hour.
188. Four Hours' Pay on Failure to Owe 10 Hours' Notice not to Report
Hourly employees who report to work at the regular starting time of their
shift and have not been advised at least ten (10) hours beforehand not to report,
and those who report to work at other times at management’s request, will be
guaranteed four (4) hours work at their guaranteed rate or the rate o f pay for
the job on which they work, whichever is higher. If work is not provided during
some or all of such four (4) hours, the employer will be paid at his daywork rate
for such period. If the employee has qualified for overtime in accordance with
the overtime provisions of this agreement, overtime rates based on the provisions
of this agreement (sec. X I—Overtime) will be paid for hours not worked.
N ote.—The foregoing provisions will not apply in the case of an emergency
such as fire, flood, power failure, or work stoppage by employees in the plant.
189. Employee Requested from Union Office Must be Put to Work
When an employee is sent out from the union office to a position, and arriving
there on time is informed that another man has been hired, said employee sent
out from the union on the request of the employer, shall be put to work.
190. Exemption fo r Circumstances Beyond Employer's Control
Any employee reporting for work at his usual time or on special call will be
guaranteed at least three (3) hours’ work or three (8) hours’ pay at his regular
base rate, unless he had been instructed not to report for work on that day, except
48
COLLECTIVE BARGAINING PROVISIONS
in case of emergencies or circumstances such as strikes, floods, fires, tornados
and other disasters beyond company control.
191. Exemption for Labor Disputes as well as Other Conditions Beyond Em
ployer's Control
Any employee called to work or permitted to come to work without having been
properly notified that there will be no work shall receive a minimum of 4 hours’
pay at the regular hourly rate, except in case of labor disputes or other conditions
beyond the control o f the local management.
192. Eight Hours9Report Pay Voided if Employee Intoxicated
When an employer or his representative orders an employee to report for work
or fails to notify an employee not to report for work for any reason and said em
ployee is not allowed to work, the employer shall pay the employee one full day’s
wages. This shall not apply to an employee reporting for work under the
influence of liquor.
193. Employee Must Accept Available Work or Forfeit Call-In Pay
An employee reporting for work on instructions from the management but for
whom no work at his regular job is available, shall receive pay for 3 hours
at his regular hourly rate. He, however, may be offered 3 hours’ employ
ment reasonably within his capacity to perform in which event he shall perform
such work or forfeit such call-in pay. Call-in pay for which no work is per
formed will not be subject to overtime pay. The foregoing obligation on the part
of the company will not apply in the event that failure to provide work is the
result of circumstances beyond the control of the company.
194. Definition of Substitute Work for Call-In Pay Purposes
When an employee is directed to report for work and the anticipated work does
not materialize, he shall be offered substitute work at his regular pay-roll rate
to the extent of at least four (4) hours’ time. In this connection substitute work
means any work within the reasonable capacity of the individual to perform,
whether in actual production or in sweeping, cleaning, or otherwise assisting in
plant maintenance. This stipulation will not apply where stoppages of work are
due to a strike, riot, or other major causes beyond the company’s control.
195. Employees 1 Hour Late May Be Dismissed for Day Without Receiving Mini
mum Reporting Pay
An employee reporting for work later than 1 hour after the start of his regular
shift may be dismissed for the balance of the shift and shall not be eligible for
three (3) hours’ pay as provided in paragraph 76 [reporting pay].
C a ll -B a c k P a y
While in many plants there are few occasions where employees are
called back to duty after completing their day’s assignment or are
called to work outside of their regular shift, a considerable number
o f agreements provide for such contingencies by requiring minimum
“ call-back” pay. The call-back pay may be specifically limited to
emergency situations or to cases where employees are required to
report either before or after their regular hours of work.
These agreements usually specify a minimum guarantee to cover
situations where little or no work actually develops after such a recall,
as well as the wages to be paid for hours in excess of the guaranteed
GENERAL WAGE PROVISIONS
49
time. A few agreements provide for an overlapping guarantee and
pay for work done, that is, the guarantee plus pay either for all time
actually worked, or for work performed in excess of a specified length
o f time. Compensation for call-back work may be at the regular,
overtime, or some special combination rate. An allowance for travel
expenses to and from the plant may be included in the guarantee.
196. Two Hour Guarantee at Double Time; Overtime Bate for Work Thereafter
In the event an employee is called back to work after he has completed his
scheduled hours and after leaving the plant, he shall be guaranteed at least
2 hours’ work at double time and shall be paid the designated overtime rate
for work after the first two (2) hours.
197. Si® Hours at Overtime Rate
Whenever any employee is asked to report or is called in other than his
regular shift, he shall be guaranteed at least six (6) hours of work or its
equivalent in pay at the rate o f time and one-half (1% ).
198. Six Hours at Overtime Rate Plus 1 Hour Travel Time
If an employee is called in to work by the company in an emergency or because
of a break-down outside of his regular working hours he shall be paid for one
(1) hour travel time and he shall be provided with not less than six (6) hours
work or six (6) hours pay at his overtime rate of pay.
199. Three Hours at Overtime Rate
Any employee called out for emergency work shall be paid a minimum of
three (8) hours’ time. Such time shall be paid at the rate of time and one-half.
200. Two Hours’ Minimum at Overtime Plus Round Trip Travel Time
Any employee called back to work after his regular working day shall be
paid for time traveled to and from work with a guaranteed minimum of 2 hours
at the overtime rate.
201. Four Hours at Overtime Rate Plus $1 Travel Expense
Employees called back to work after completing their regular eight (8) hour
shift within any twenty-four (24) hour period shall be entitled to one dollar
($1) for traveling expenses and a guaranteed minimum of four (4) hours, pay at
the overtime rate.
202. Four Hours’ Regular Pay or Time and One-half for Time Worked, Which
ever is Greater
An employee who is called in oft schedule shall receive a minimum of four
{4) hours at his regular average rate or time and one-half for time worked
whichever is greater. No employee will be disciplined for refusing to work
out of scheduled hours.
203. One Hour Overtime Guarantee Plus Actual Time Worked Plus Travel Time
If any employee, having been released from duty, is thereafter called back for
an overtime duty, not immediately preceding his next regular shift, he shall be
credited with 1 hour overtime in addition to overtime actually worked, plusnecessary traveling time.
50
COLLECTIVE BARGAINING PROVISIONS
204. Four Hours' Guaranty at Regular Rate Plus Overtime Pay for Work Per
formed in Excess of Specified Length of Time
An hourly employee who is called for emergency work after punching out will
be paid a minimum of 4 hours’ pay at his regular rate for reporting or working
2 hours and 40 minutes or less, and will be paid one and one-half times his regular
rate for all work performed in excess of 2 hours and 40 minutes.
205. Four Hours' Work or Pay at “ Applicable Rate"
Any employee who is recalled from home in emergencies after completing his
regular shift shall receive for each such “call out” 4 hours’ work or 4 hours’ pay
in lieu thereof, at the applicable rate therefor.
206. Callrout on Day Off—Three Hours at Overtime Rate
An employee called to work on his day off shall be paid a minimum o f 3 hours
at the overtime rate.
207. Differential in Call-Sack Minimum Between Emergency and Other CallBacks
In the event of an emergency, due to fire, runaway wells, pipe-line leaks or
breaks, or acts of God, when an employee is called for duty outside of his regular
working hours he shall receive pay for actual time worked at one and one-half
(1*4) times his regular rate with a minimum of four (4) hours’ pay at his
regular rate. In the event no work shall be required of an employee called out
for such emergency, he shall receive pay for three (3) hours at his regular rate.
In any other event an employee called outside of his regular hours shall receive
at least four (4) hours’ pay at his regular rate whether or not his services are
required.
208. Call-Back Pay Starts from Time Call is Received
An employee called out to work not in continuation of a regular workday, shall
be allowed the equivalent of three (3) hours’ straight time as a minimum but the
maximum time to be paid for will be governed by the applicable overtime rate
for each hour worked, except in such cases where this calculation would be less
than the minimum time allowed, as mentioned above. Pay time to start from time
the call is received.
209. Call-Back During Same Workday—Paid for Elapsed Time at Regular Rate,
Provided Reports Within 2 Hours
Employees called or required to report for work during scheduled hours and so
reporting but not used, will be paid the minimum o f four (4) hours at straight
time rates. This does not apply in cases o f emergency shut-downs of plant or
any departments arising out of conditions beyond the company’s control. When
an employee is laid off during a work day and is then recalled the same day, he
shall be paid for the time he was off at his regular rate of pay, provided he re
ports for work not more than two (2) hours after receipt of such notice.
210. Three Hours' Pay at Basic Hourly R ate; if Call-Out Within 2% Hours of
Start of Employee's Next Shift, Time and One-Half till Regular Starting
Time
When an employee is called out from his home or other off-the-job location
or is assigned to perform overtime work or work on a nonscheduled day which
is not continuous with work on a preceding or following scheduled tour, the min
imum payment for such extra work shall be three (3) hours’ pay at his basic
hourly wage rate.
GENERAL WAGE PROVISIONS
51
Exceptions
A. When a second call-out is made within 2y2 hours of the start of the first
call-out, the second call-out will be treated as a continuation of the first
call-out.
B. When an employee is called out within 2% hours of the start o f his
next scheduled tour, he shall be paid at the rate o f time and one-half from
the starting time of the call-out to the starting time of the scheduled tour,
regardless of whether or not he returns to his home.
211. Call-Back Pay not Applicable if Employee Notified Before End of Regular
Shift of Recall
An employee who is permitted to go home at his regular quitting time and
is then called to return to work before the next working day shall be guaranteed
four (4) hours’ work or four (4) hours’ pay at the normal rate pertaining to the
work performed, plus overtime, if overtime applies. However, if an employee is
notified before the end of his regular shift that he is to return to the plant within
three (3) hours, the provision of this paragraph will not apply.
212. Call-Back Pay Provided Unless Ruled Illegal by Supreme Court
Employees called out for emergency work shall receive a minimum of four (4)
hours’ pay at one and one-half times their regular rate for such work and shall not
be required to remain longer than the time required to perform the emergency
work existing during the period of such call-outs, and such emergency call-outs,
shall be computed as a day worked for the computation of the sixth and seventh
days worked in any workweek except in such cases as when the call-out occurs
in any one workday. The parties hereto believe that the provisions of this section
are entirely proper and in conformance with existing law on the subject. How
ever, in the event that the Supreme Court of the United States should rule that
any similar provision is illegal, then it is understood and agreed that the provi
sions of this section shall forthwith become inoperative and void.
WAITING AND STAND-BY TIM E
From time to time an employee may find himself waiting for work
because the production line breaks down or when materials run short
or for other reasons. Others must wait because they are needed only
at regular intervals or in emergencies. Servicemen, for instance, must
be on call, even though work to keep them fully occupied may not be
available. Mechanics in garages and other types of repair shops do
not always have an even flow of work, yet must be constantly on hand
if they expect to share in available jobs. Truckers must wait for
loading and unloading; construction workers are victims of weather,
lack o f materials, etc.; longshoremen must wait for ships to dock or
sail or for cargo to be delivered to the pier. Many other types of
workers also find waiting time a constant threat to their pay envelopes.
Many agreements contain provisions governing the pay for waiting
or stand-by time.4 In the case of hourly paid employees it is generally
4 The F air Labor Standards A ct has been interpreted as requiring that generally the
time during which an employee is inactive by reason o f interruption in his work beyond his
control should be included in computing hours worked either i f the imminence o f the re-
52
COLLECTIVE BARGAINING PROVISIONS
assumed that their pay continues, although some agreements make this
explicit. Pieceworkers, however, whose earnings are obviously re
duced by waiting time, are usually guaranteed a specified amount for
the time spent at the plant. Such pay may be at regular hourly base
rates, average rates or earnings for a given period, or at special rates.
Some agreements allow only a percentage o f the regular rate. There
may be a requirement that the delay be of a minimum duration before
employees are compensated for it. In a few cases the waiting time
pay is modified or made inapplicable where the reason for the work
interruption is beyond an employer’s control. (See Bull. 908-3, “In
centive Wage Provisions; Time Studies and Standards of Production”
for more details on waiting time pay arrangements for incentive
workers.)
Closely related to pay for waiting time is that specified *for em
ployees who are instructed by management to remain available or
“stand by” for immediate emergency use.
213. Pay Continues During Waiting Time Beyond Employee's Control
When men are ordered by the employer to stand by because of temporary break
down of machinery, shortage of material, temporary weather conditions, or for
any other cause beyond their control, no time shall be deducted for this period
and the finishing time of the shift will not be extended to make up the time lost.
N ote .—This agreement covers building construction.
214. Pay at Base Rate for Waiting Time
Whenever an employee who for reasons beyond his control is caused to wait
for work because of lack of tools, materials, etc., such waiting time shall be paid
for at the respective employee’s base hourly rate.
215. Pay at Day Rate for Waiting Time Over 15 Minutes
When a stoppage of work occurs for fifteen (15) accumulative minutes, or
longer due to shortage of stock, break-down of machinery, or for any other cause
over which the employees losing the time have no control, the employees so
affected shall be compensated at their regular day rate until such time as the
employees return to work or are ordered home.
216. Waiting Time Allowance Only A fter Specified Time if Due to Power or
Mechanical Break-Down
When, because of abnormal conditions of stock or equipment, or because of
waiting for stock to complete the operation being performed, the operator’s pro
duction is retarded, he shall be paid 90 percent of his average earnings for the
period during which such delay occurs provided that the employee notifies the
sumption of work requires the employee’ s presence at the place of employment or if the
interval is too brief to be utilized effectively in the employee’s own interest. (These prin
ciples will be discussed in pt. 785, of title 29, ch. 29, ch. V, of The Code of Federal Regula
tions, which will replace the present Interpretative Bull. No. 13 of the U. S. Department
of Labor, Wage and Hour Division.)
GENERAL WAGE PROVISIONS
53
foreman or supervisor at the time of occurrence and provided, further, that such
delay or delays cause the employee’s earnings for the day to drop below 100 percent
o f his past average earnings.
When employees lose time due to a power interruption, lights off, electrical or
mechanical break-downs, there shall be no payment for less than 12 minutes. I f
the delay is for 12 minutes or more, employees will be paid at their average hourly
earnings for the first 12 minutes and at their day rates after 12 minutes.
217. Day Workers Paid at Straight Time Hourly Rate. Incentive Workers 120
Percent of Base Rate
Employees shall be paid for time lost which occurs through no fault of the
employee. Day workers shall be paid their straight time hourly rate. Incentive
workers shall receive 120 percent of the base rate.
218. Waiting Time Pay A fter 12 Minutes.
or Rest Periods in Emergencies
Company May Change Workt Lunch,
If, on any day, employees are required to remain in the [plant] longer than
twelve (12) minutes following a break-down, they shall be paid for waiting time
in excess of twelve (12) minutes subject to the following terms and conditions:
(1) There shall be no compensation for waiting time until twelve (12) con
secutive minutes have elapsed after the time of a power failure.
(2) I f a power failure exceeds twelve (12) consecutive minutes, employees shall
be compensated at their regular rates, subject to the following section hereof, for
waiting time in excess of twelve (12) consecutive minutes. For example, if the
power is down for twenty-four (24) consecutive minutes, employees will receive
twelve (12) minutes of pay at their regular rates.
(3) In those departments where employees are compensated on a piece rate
basis, their total earnings for the previous pay-week shall be reduced to an average
hourly basis, and such employees will each be paid an equal amount for waiting
in excess of twelve (12) consecutive minutes as computed on said average hourly
basis.
(4) The company reserves its well established right to:
Change the regular daily hours of employment, if the failure appears to be of
a protracted nature, or occurs at a time when it considers it uneconomic to
await repairs.
Make reasonable changes in the customary time of rest or lunch periods in
order to avoid unnecessary loss of time pending repairs. For example, if a
failure occurs prior to the customary rest period or noon lunch period, the
company reserves its right to advance the time o f said rest or lunch periods.
219. Pieceworkers Paid Average Hourly Rate for Waiting Time.
he Notified Immediately of Lack of Work
Foreman Must
All employees, excepting weavers, barker and velveteen cutters, covered by
this agreement who are paid piece rates, shall when ordered to stay on the job,
be paid waiting time on the average hourly rate commencing with the time the
foreman or overseer is notified. It shall be understood that it is the respon
sibility of the employees covered by this agreement, to immediately notify the
overseer, foreman, or the man in charge of his department, when a stoppage or
any waiting for work occurs. The velveteen cutters shall be governed by the
same allowance system for bad work as is now in effect for the barker cutters.
54
COLLECTIVE BARGAINING PROVISIONS
220. Pieceworkers Paid Guaranteed Rate for Waiting Time Exceeding 10 Consecutive Minutes
Pieceworkers who are required to wait more than ten (10) consecutive
minutes in any eight (8) hours, will be paid the guaranteed rate, as provided
in paragraph No. 1 of this article.
221. Pieceworkers Paid Earnings for Waiting Time Exceeding 15 Minutes. Em
ployee Must Notify Foreman When Work Not Available
Employees who are paid on piece rate and are required to wait, for work due
to machine break-downs or other causes beyond their control shall be com
pensated at their established piece-rate earnings for all such waiting time in
excess of a total of fifteen (15) minutes per day. Any employee who finds it
necessary to wait for work shall, on each separate occasion during each day
when he waits for work, notify the supervisor in charge of his work of the
beginning and the end of such waiting period and payment for any waiting time
period shall cover only time which follows such notification of the supervisor
by the employee that he is waiting for work.
222. Average Earnings Paid for Machine Repair if Machine Breaks Down; 10
Percent BelGW Average Earnings Paid for Other Assignment
In case of a break-down of an employee’s machine for a period of fifteen (15)
minutes or longer in any day, such employee shall be paid for time lost at 10
percent less than his average earnings if not assigned other work, or if assigned
work on another operation, and shall be paid his average earnings if assigned
to assist in repair of machine.
223. Regular Waiting Time Pay Not Applicable to Normal Work Interruptions
An employee whose piecework earnings are affected by causes which are
clearly beyond his personal control, after having notified his supervisor of such
condition, shall receive pay at the rate of his average hourly earnings for the
period during which the above-mentioned conditions affect his earnings. This
provision will not apply to interruptions included in the normal cycle of work,
which interruptions will be compensated at day rate established for the job.
This does not apply when these delays are caused by labor stoppages over
which the supervisor has no control.
224. Waiting Time Pay Not Applicable in Case of Power Failure
Employees shall be paid the straight or overtime rate, as the case may be,
for time during which they are forced to stand by, provided straight time shall
be paid until the employee has actually worked in addition to the time of
standing by, the maximum number of hours herein permitted. This provision
shall not apply if, due to causes beyond the employer’s control, electric power
or water supplying the plant is interrupted.
225. Excessive Waiting Time Within Company Control May be Taken Up as
Grievance
The employer recognizes that excessive waiting time that is within the
control of the mill may be the subject to a grievance and that in any arbitration the
matter of compensation for such excessive waiting time may be determined.
226. Stand-By Pay: Minimum of 6 Hours at 25 Percent of Straight Time Rates
Employees included hereunder if and when requested by the company to re
main at home or within call for stand-by emergency work, shall be paid for
standing by at an hourly rate of 25 percent of their straight time hourly rate,
GENERAL WAGE PROVISIONS
55
and if called for emergency work the stand-by rate shall cease until they return
from the emergency work. The minimum time for which an employee can be
requested to stand-by shall be six (6) hours. Stand-by time should be as nearly
as possible equally divided among the employees scheduled for such work.
227. Stand-By Pay: 2 Hours on Weekdays: 3 Hours on Week-Ends and Holidays
The employee designated to stand-by 5 :0 0 p. m. to 8 :0 0 a. m. the day following,
Monday to Friday, inclusive, shall receive two (2) hours’ pay per night plus the
regular overtime rate for all work performed. When the stand-by for Saturday
is 5: 00 p. m. to 8 :0 0 a. m. the day following, this shall also apply.
The employee designated to stand-by 8 :0 0 a. m. to 8 :0 0 a. m. the day follow
ing, Saturday, Sunday, or a holiday, shall receive three (8) hours’ pay per
day plus the regular overtime rate for all work performed.
N ote .—
This agreement covers public utility workers.
228. Two Hours' Stand-By Pay for Each 16 Hours on Weekdays and for Each 12
Hours on Week-Ends and Holidays
All employees assigned to do stand-by duty after regular designated hours of
labor shall be paid two (2) hours for each sixteen (16) hours, or fraction thereof,
of stand-by time for the days from Monday to Friday, inclusive, and for each
twelve (12) hours, or fraction thereof, for Saturdays, Sundays, and holidays;
and when the employees on stand-by are called out they shall receive the appli
cable overtime rate in addition to the stand-by time. Minimum pay provisions
shall be as outlined in article III (b ).
229. Guaranteed Semimonthly Wage for Being Available for Work at Any Time
Extra operators who are available for service thirteen (13) days in any pay
period shall receive a semimonthly guarantee of seventy dollars ($70). Avail
able for service means that an operator must be promptly accessible by telephone,
it being understood that extra men will be held responsible only for orders from
the duly authorized representatives of the company in the assignment of work.
If extra operators are available less than thirteen (13) days in any pay period
they shall be credited toward their guarantee one-thirteenth of seventy dollars
($70) for each day they are available.
N ote .—This
agreement covers inter-city bus transportation.
Supplements to Basic Wage Rates
PREMIUM PAY FOR DANGEROUS OR SPECIAL WORK
Some type of premium compensation is frequently agreed upon
covering work of an undesirable, unpleasant, or hazardous nature.
The type of work considered hazardous is usually definitely described.
Longshore agreements, for example, customarily provide “ penalty
rates” for the handling of explosives, acids, fertilizers, etc. Similarly,
maritime transportation agreements have long provided extra pay
ment, including war-risk bonuses. In some cases, transportation back
to the United States and full pay until arrival are guaranteed to mari
time workers whose ship is lost.
Agreements also provide premium rates for employees shouldering
special responsibilities, such as group leaders, leadmen, instructors,
or any other category of workers with some supervisory functions, in
56
COLLECTIVE BARGAINING PROVISIONS
addition to their regular work. This premium is usually a specified
amount above the maximum rate paid to any worker in the group.
Special wage rates are also frequently provided for work combining
several occupations (so-called combination jobs).
230. Time and One-Half Rate for TJnfiealthful Work
Employees required to do acetylene burning or electric welding on galvanized
metal in closely confined spaces, which cannot be or are not being adequately
ventilated shall receive, in addition to their regular pay, extra compensation of
one-half such employees’ regular hourly basic rate of pay for the time they are
actually working under such conditions.
231. Graduated Penalty Rate for “Dirty Work”
The employees shall receive an additional 10 per centum of their regular rate
while performing that which is commonly known as “ dirty work” and double time
for that commonly known as “ exceptionally dirty work.” When the yardstick
is established the terms “ dirty work” and “ exceptionally dirty work” shall be
therein defined. Said yardstick shall be established by the yard superintendent
and the union.
232. Ten Percent Premium While Ship Carries Explosives
On vessels carrying “ explosives” in 50-ton lots or over, as permitted by law, the
operator agrees to pay the licensed officers in addition to their regular monthly
wages (as specified in section . . .) 10 percent of said wages per month while
cargo is on board the vessel or is being loaded or discharged. The term “explo
sives” as used in this section is defined to mean: Black powder, detonating caps,
dynamite* blasting caps, loaded bombs, TNT, nitroglycerin. The above shall not
apply to ship’s ammunition or signaling devices, carried for the protection of
the ship.
233. Differential Paid When Required to Wear Respirator
Any employee working on a designated lead operation is required to wear a
respirator in a proper manner and shall receive an additional three cents ($0.03)
per hour, to be paid only during the time the respirator is required to be worn.
234. Ttco Days9Annual Premium to Fire Crews
Members of the fire and resuscitation crews who have served 1 year as such
on December 2 0 ,------, shall be given an extra 2 days’ pay at their regular rate,
and those with less than a full year of service shall be paid on a pro rata basis.
Members o f these crews shall be chosen by management without regard to senior
ity and said jobs shall not be biddable. Management shall determine the size of
the crews.
235. Minimum Daily Bonus for Cleaning Dirty Places
Any employee required to enter in and clean powerhouse boilers, cesspools, stills
or crude napthalene tanks shall receive in addition to his regular wages a bonus
o f $1 per day. Any employee who spends less than a full day in such work shall,
nevertheless, receive a bonus as if he had been employed for a full day.
236. Premium for Work Above Specified Height
Any employee who is engaged in any eight (8) hour shift in four (4) or more
hours of work thirty feet (30 feet) or more above a ground floor, or roof level,
whichever is nearer his point o f work, shall be paid for the entire shift a premium
of five cents ($0.05) per hour in excess of his normal rate.
57
GENERAL WAGE PROVISIONS
237. Pay for Pilots Based on Speed and Time of Day
In addition to base pay each first pilot or reserve pilot, for flying pay purposes,
shall be paid hourly flying pay at rates, based upon the speed of the equipment
flown and whether such flying is day or night flying as follow s:
D ay flying
per hour
Night flying
per hour
Under 125 m. p. h__________________________________ $4.00
125 up to but not including 140 m. p. h---------------------- 4.20
140 up to but not including 155 m. p. h---------------------- 4.40
155 up to but not including 175 m. p. h______________ 4. 60
175 up to but not including 200 m. p. h---------------------- 4.80
200 m. p. h. or more_______________________________
5.00
$6.00
6.30
6.60
6.90
7.20
7.50
238. Premium for Instruction of Students
Operators will receive additional compensation of one dollar ($1) per day
on each such day as they may be assigned to instruct student operators, such
assignment to be by written authorization of the proper supervisory employee.
Such operators instructing students must submit a complete and impartial report
to the superintendent on the form prescribed by the company.
239. Premium for Starters on Elevators.
Elevator starters shall be paid at least 7% cents per hour more than the regular
hourly wage paid in the office buildings in which they are employed.
Assistant starters who are designated as such by their employers and regu
larly devote at least 2 hours a day to the duties of starters shall be paid
cents per hour more than the regular hourly wage in the office buildings in which
they are employed.
240. Leadmen Paid 10 Cents above Highest Rated Classification Supervised
Leadmen shall receive not less than ten (10) cents per hour above the highest
rated classification under their supervision.
241. Alternative Methods of Payment for Crew Chiefs and Leadmen
After a crew chief has satisfactorily completed his probationary period, his
minimum base rate will be $1.10 per hour, or 7 cents above the minimum rate
of his labor grade, or 7 cents above the highest paid employee under his super
vision, whichever is the higher.
After a leadman has satisfactorily completed his probationary period, his
minimum base rate will be $1.25 per hour, or 7 cents above the highest paid
employee under his supervision, whichever is the higher.
242. Detailed Provision for Payment of Group Leaders and Set-Up Men
In order to properly compensate group leaders and set-up men whose jobs
prevent them from using incentive rate advantages, and to recognize skill and
leadership qualities over and above the actual job requirements, the following
wage plan for these employees is agreed t o :
(1) Where leadership or set-up is performed for employees who individually
have less than 20 percent o f their total working hours on incentive pay for a
calendar year quarter, ten cents (10$) per hour over the evaluated base rate
o f their group leader or set-up man classification will be paid.
(2) Group leaders or set-up men who work 50 percent o f their own time
on incentive work during a calendar year quarter will be paid ten cents (10$)
per hour over the evaluated base rate o f their leader or set-up classification.
(3) Where leadership or set-up is performed for employees in a single job
classification who individually have more than 20 percent of their total working
58
COLLECTIVE BARGAINING PROVISIONS
hours on incentive pay for a calendar year quarter, the base rate of group
leaders or set-up men will be the average straight-time hourly earnings o f the
group of employees, but in no case shall be less than 20 percent over the evaluated
base rate of the employees in the group.
(4) Where leadership or set-up is performed for employees in more than
one job classification but where the employee or employees with the highest
evaluated base pay rate have less than 20 percent of their total working hours
on incentive pay for a calendar year quarter, the group leaders or set-up men
will be paid ten cents (lOtf) per hour over the evaluated base rate of that job,
or the straight-time average hourly earnings of the entire group, whichever is
the highest.
(5) Where leadership or set-up is performed for employees in more than one
job classification and where the job with the highest evaluated base rate of
pay is represented by two (2) or more employees with more than 20 percent of
their total working hours on incentive pay for calendar year quarter, the base
rate of the group leaders or set-up men will be the average straight-time hourly
earnings of this highest rated group, but in no case shall be less than 20 percent
over the evaluated base rate of the employees in the group.
(6) Where leadership or set-up is performed for employees in more than one
job classification and where the job with the highest base rate of pay is repre
sented by only one employee, the base rate of the group leaders or set-up men
will be the average straight-time hourly earnings o f the two job classifications
with the highest evaluated base rate of pay, but in no case shall be less than
20 percent over the evaluated base rate of the employee with the highest rated
classification.
(7) When an employee is appointed to a group leadership or set-up man for
a newly established leadership or set-up classification where the composition
o f the group falls under paragraphs 3, 5, or 6 of this section the base rate of
pay shall be twenty percent (20% ) over the evaluated base rate of the leader or
set-up classification, and shall continue on that basis until the first succeeding
quarterly review of rates provides at least thirty (30) days of leadership in the
previous quarter so that a basis for incentive earnings can be established.
(8) In the case of the appointment of a group leader or set-up man to fill
a vacancy where the earnings of the leadership or set-up were established under
paragraphs 3, 5, or 6 of this section the group leader or set-up man shall be
paid twenty percent (20% ) over the evaluated base rate of the leader or set-up
classification until such time as the first succeeding quarterly review of rates
provides at least thirty (30) days of leadership in the previous quarter so that
a basis for incentive earnings for the new leader or set-up man can be established.
The base rate of pay for group leaders and set-up men will be computed quarterly
by the company. The resultant rate is to be applied for the following quarter
based on the previous quarter’s earnings of the employees in the group. This
new rate shall be placed into effect for the pay roll covering the first full week
in the second month of the new quarter. The company will select a representa
tive week to determine those employees who comprise the groups upon whom
average hourly earnings are to be based.
243. Combination Jobs—Pay at Rate of Highest Paid Classification
Any employee who performs work in more than one classification shall receive
the rate of pay of the higher classification.
244. Combination Jobs—Pay at Rate of Highest Paid Classification A fter 6
Monthsf Trial Period. Higher Rate Retroactive
Subject as hereinafter provided, the weekly rate of pay of an employee who
regularly performs work in two or more categories shall not be less than the
GENERAL WAGE PROVISIONS
59
minimum for the highest-paid of such categories. For a trial period of 6 months
immediately succeeding the assignment of an employee to duties of a higher-paid
category the publisher may continue to pay him at the rate of pay in the lowerpaid category, provided, however, that if such employee shall continue to perform
such duties after the expiration of 6 months, he shall be paid not less than the
minimum of the higher-paid of such categories retroactive to the beginning of
such period.
245. Combination Jobs—Pay at Rate of Highest Paid Operation if Worked 20
Percent of Time
Individuals regularly assigned to two or more occupations shall be rated at
the rate of that job which is the highest rated provided that he is assigned to
that job for at least 20 percent of his time.
246. Combination Jobs— Composite Rate o f Two Highest Paid Operations
Rates of employees engaged in more than one operation shall be the composite
rate of the two highest paid operations performed. It is hereby agreed that
should any rate figured on a composite basis be lower than the rate now existing
the rate shall not be reduced.
247. Combination Jobs—Highest Rate or Average Rate Paid Depending on Percent o f Time Spent on Higher Rated Job
Where a qualified employee is regularly performing the duties of more than
one job, he shall be paid at the level of the higher rated job if he works 50
percent of his scheduled hours per week on said higher rated jo b ; if, however,
he works less than 50 percent but more than 15 percent of his scheduled hours
on such higher rated job he shall be paid the average of the rates of the jobs he
performs. ‘‘Regularly” as used above shall refer to a permanent assignment or
a steady proportion of employee’s time from week to week.
248. Combination Jobs—Highest Rate if 60 Percent of Time Spent on One Operation; Otherwise Prorated Over All Operations
When an employee is engaged during the course of a day’s work on more than
one operation, he shall be paid at the highest rate of all operations performed,
providing sixty (60) percent o f the time is spent on one operation. If less than
sixty (60) percent of the time is spent on one operation, his wage shall be pro
rated over all operations.
249. Combination Jobs—Average of Jobs Worked
In shops where any employee on miscellaneous work does work coming under
more than one of the classifications named in this agreement the wage rates
of the different classifications being worked shall be averaged and he or she shall
be paid according to the rate arrived at after such average has been made.
250. Combination Jobs— Weighted Average of Jobs Plus 10 Percent or Rate for
Highest Rated Job
When an employee regularly fills two or more of the jobs listed in Exhibit “A,”
he shall be designated as a “combination employee” and shall be paid the average
of the rates applicable to such jobs, weighted in proportion to the amount o f time
employed on each, plus 10 percent of such average rate (to the nearest one-half
cent per hour), but not more than the standard rate for the highest rated job
he fills. Otherwise, he shall be paid the applicable rate for such time as he
actually works on each job.
791531— 48------- 5
60
COLLECTIVE BARGAINING PROVISIONS
251. Combination Jobs—Applicable Rate Paid for Time Spent on Each Job
When an employee regularly does work in two or more classifications which pay
different rates, he will receive the applicable rate for such work as he performs
in each classification.
252. Five Percent Premium for Developmental or Experimental Work
It is further understood that employees required to work on jobs designated
by the works superintendent and the department manager as development or ex
perimental work shall receive compensation equal to base rate plus five per
cent (5 % ).
253. Samples, Single Pairs, and Trials
All the work performed on samples, one and two pair lots and trials, shall be
paid for at the current rates which are one and one-half times the regular rates
or higher. This provision does not apply to shoes damaged by employees which
have to be made over.
254. Time and One-Half for Operating Snow Equipment
Operators driving snow plows, snow sweepers, and salt cars, or operating
vehicles for the purpose of keeping lines open during snow or sleet storms, and
operators salting switches, spreading ashes, and doing general snow work, shall
be paid time and one-half rate for actual working time and regular platform rate
for waiting time except where such waiting time is after the completion of oper
ator’s regular run or in excess of the time called for by the operator’s regular run
whether the run is actually worked or not, when the overtime rate will apply.
Operators shall be used if available.
255. Special Day Rate for Inventory Work.
Rate Jointly Determined
Employees working on inventory shall receive a special day rate to be mutually
agreed upon at least 60 days prior to the inventory period. Due to the specialized
nature o f this work, the company must reserve the right to determine which
employees will be used in inventory taking.
256. Intercity Bus Drivers Paid for Excess Miles Caused by Detours
When the mileage of any tour of duty is increased by reason of detours of five
(5) or more miles in one (1) day, or an aggregate of five (5) miles or more in
five (5) consecutive days, operators shall be paid for the excess miles over the
regular mileage at established mileage rates, from the first day the detour was
in effect and as long as it continues.
257. Wage Scale for Waiters Serving Special Meals Set by Mutual Agreement
For special events or occasions such as Big-Game Football Night, New Year’s
Eve, etc., where the employer offers a special menu at prices substantially higher
than his regular menu prices, the wage scales for steady and extra help shall be
established by mutual agreement.
258. Pay of Absent Members of Crew Divided Among Other Members
The company will make every effort to provide all departments with full crews
as specified in appendix B. When a man’s relief fails to appear on time the
superintendent or special machine tender shall request the man then working
to continue working for an additional shift or until a relief man is provided.
Should either of these alternatives fail the remaining members of the crews shall
do the work of the missing member together with their regular work and the wages
GENERAL WAGE PROVISIONS
61
of the missing member will be divided among the remaining members of the
operating crew.
259. Division of Wages of Absent Crew Member—Maritime Industry
When members o f the unlicensed personnel are required to do extra work
because a vessel sailed without the full complement required by the vessel’s
certificate, under circumstances where the law permits such sailing, the wages
of the absent seaman shall be divided among the seamen who perform his
work, but no overtime shall be included in such wages.
This section shall be interpreted to provide for the payment of wages of any
seaman who has failed to join, to those seamen who are assigned by the
department head to and actually perform additional work necessary because
of such absence.
When a vessel sails short in the deck department of the number required
by the certificate, the missing man’s wages shall be divided among the watch.
In the event of a vessel sailing short of her normal complement but not less
than her certificate requirement, there shall be no question of division of wages.
260. Double Time Pay for Simultaneous A . M. and F. M. Broadcast
The musicians employed under this contract may be used to broadcast either
A. M. or F. M. programs, but if they are used to broadcast both A. M. and F. M.
programs simultaneously they shall be paid double the scale set forth in this
agreement.
261. Transportation, Pay, Room and Board to Sailors Whose Ship is Lost or
Interned
In the event a ship of the company is sold, interned, lost, or laid up, the
crew shall be given transportation back to the port of signing articles with
subsistence, room and wages, as per article II, section 14, of this agreement.
When room and subsistence is not furnished aboard the vessel room and meal
allowance will be paid as prescribed in article II, section 38, until crew is
furnished repatriation by train, plane, or vessel.
262. Incentive Adjustment to Compensate for Heat During Summer Months
It is understood and agreed that the company will continue the practice of
paying a 5 percent heat factor during the summer months, beginning with the
third Monday in the month o f May and up to the first Monday in September.
PAY FOR NONO C CUPATIONAL ACTIVITIES
In certain industries agreements often allow pay for time spent on
activities which are only indirectly related to an employee’s work but
which are performed in the employer’s interest. Still others provide
some form o f payment to employees who lose time from work because
o f various legitimate reasons. In both cases, the intent of such clauses
is to assure employees a minimum weekly wage.
In some industries, particularly in the field o f public transporta
tion, operating employees may be required to attend court or to locate
witnesses in connection with accident suits against the company. In
the trade industries employees may be required to spend time attend
ing sales meetings or other company meetings. Pay for time spent
in taking physical examinations at the employer’s request is some
62
COLLECTIVE BARGAINING PROVISIONS
times specified. Pay for activities not related to work such as jury
duty, voting, or attendance at funerals is also sometimes provided.
Practice with regard to these matters, however, frequently is a matter
of company policy and is outside o f the union agreement.
(Clauses dealing with payment for time spent in such activities as
is required of shop stewards and committeemen, and grievance repre
sentatives and members of other joint labor-management committees
are included in the bulletin on grievance adjustment. Provisions
covering pay for lunch and rest periods as well as for other nonwork
ing activities, such as travel time, time for changing clothes, putting
away tools, preparing machine for work, etc., are dealt with in the
bulletin on hours of work.)
263. Regular Pay and Expenses for 'Necessary Court Attendance in Company's
Behalf. Workers' or Court Fees Assigned to Company
Employees who witness an accident while on duty and later are subpenaed, and
employees who are required to attend court or other business on behalf of the
company other than attending investigations, will be paid eight (8) hours, or the
regular scheduled day, at the regular rate for each calendar day so held, but if
held from regular assignment will be paid not less than the total earnings o f that
assignment for the entire period held and necessary actual expenses. Any
witness or court fees will be assigned to the company.
264. Full Pay at Regular Rate for Jury Service; Jury Fees not Deducted
The company’s policy is to allow pay at the classified rate for time not worked
on account of jury duty. Jury duty fees received by the employee will not be
deducted in figuring these benefits.
265. Full Pay at Regular Rates for Jury Service; Jury Fees Turned in to
Company
The company agrees to pay a full eight (8) hours’ pay at straight-time hourly
rates for each day an employee is required to serve and does serve on any jury
provided his or her department is scheduled to work on the day or days actually
served on the jury. The employee, however, will be required to turn in to the
company the jury duty fees in order to receive compensation above provided.
266. Paid Difference Between July Pay and Regular Pay for 2 Weeks
The company agrees to pay an employee called for jury duty on a regular work
ing day (part of the regular five (5) day week) and for a period not in excess
of two (2) weeks, the difference between the pay received for such jury duty and
his regular straight time eight (8) hours pay.
267. Service on Election Boards
Employees called for service as judges, clerks or deputies at elections and regis
trations will be paid by the company whatever sum, if any, is necessary in addi
tion to the fees received for these services to reimburse them for earnings lost
because of such service or because of time spent in collection of said fees. In this
respect an allowance of one (1) hour shall be made for the collection of fees.
268. Pay for Time Spent at Company Meetings.
on Day Off
Two Hours' Pay for Meetings
In the event that a general meeting of employees or group meeting of the em
ployees shall be called by the company, the hours spent in such meeting shall be
GENERAL WAGE PROVISIONS
63
considered as hours worked and shall be paid for as such. If an employee is
called in to attend a general or group meeting by the company upon any day on
which he would not otherwise work, then he shall be entitled to pay for all of
the hours spent at said meeting with a minimum of 2 hours.
269. Pay for Meetings on Merchandising and Selling
Employees shall be compensated for attendance at any department or group
meeting held for the purpose of imparting information pertaining to merchandise,
selling techniques, store regulations, procedures or store policies. Stores are
entitled to require attendance at this type of a meeting.
270. Pay for Time During Physical Examination, Including Travel Time and
Expense
An employee submitting to a physical examination at the instance o f the com
pany shall be paid for any wages lost by reason of taking such examination, or
for the time spent, including reasonable time spent in travel and expense of same.
The company shall make appointments with the examining physician and inform
the employee of arrangements made.
271. One or Two Hours9Pay for Physical Examination Time
Night men required to report for physical examination in order to obtain a
State for-hire license to operate buses, where loss of their own time would result,
shall receive one (1) hour pay if the doctor is located in the local division, and
two (2) hours pay if the doctor is outside the local division.
272. Pay for Balance o f Shift if Injured on Joh
An employee who is injured in the plants and is sent home because of such
injury shall receive pay at his regular straight-time hourly rate for the balance
of the shift on which the injury occurred.
MONETARY ALLOWANCES FOR EXPENSES RELATED TO W ORK
Reimbursement is frequently specified to employees for expenses
incurred while on company business or in the course of their work.
Such allowances are the practice in industries where employees must
travel, use their own automobiles, maintain a telephone, or purchase
and maintain uniforms or other equipment.
Agreements covering employees who must travel out of town to
their place of work frequently specify that the employer shall bear
the cost of such travel. The reimbursement may be a fixed amount
for each day away from home or merely the cost of board and lodging
at prevailing rates in the community. In some cases, actual time
spent in traveling also is compensated for at the employee’s regular
rate o f pay.
Transportation agreements covering regular inter-city runs provide
compensation for lay-overs, as well as cost of returning home when
the trip ends at a distant stop. Maritime agreements generally re
quire the employer to pay expenses for or to provide transportation
to the port of shipment; and transportation home when employment
is terminated.
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COLLECTIVE BARGAINING PROVISIONS
Where the company transfers an employee from one plant location
to another, it may furnish transportation or its equivalent. Long
shoremen are provided transportation and paid for the time when
moved from the pier o f their regular employment.
In the building trades, the problem of wage rates on out-of-town
work often arises. The wages paid on such work are usually the home
rate or the prevailing rate where the job is located, whichever is higher.
Some agreements specify that men shall be guaranteed full-time work
while away from home.
Another type o f clause provides reimbursement for loss or damage
to personal property. Such reimbursement may be for an employee’s
tools or equipment lost or damaged through fire in the plant, loss of
personal belongings because of shipwreck (in the maritime industry),
damage to clothing because o f inadequate safety equipment, or damage
to an automobile used on company business.
273. Automobile Expense Allowance—Fixed Amount per Mile
Where the company expressly authorizes an employee to use his private auto
mobile in connection with company business, a rate of seven (7) cents per mile
will be paid for such use. The company will assist such employee in securing
tire recaps or replacements and extra gasoline allowances to cover such auto
mobile use.
274. Auto Expense Allowance—Fixed Amount per Mile Plus Percentage Bonus
to Cover Unusual War Conditions
In the event an employee is required to use his personal car on company
business he shall enter into an agreement with the company, providing for
insurance coverage. Compensation for use of personal cars shall be at the
rate o f five (5) cents per mile for necessary travel on the job ; provided that
for a period of 1 year from the ratification and approval of this agreement
there will be paid monthly a 20-percent mileage bonus, said mileage bonus to
be computed on the basic mileage fixed from time to time in the same manner
as heretofore for necessary travel on the job. This mileage bonus is provided in
order to take care of unusual conditions arising out of the war emergency and
conditions peculiar to operations in the State o f -------------------------------275. Auto Expense Allowance—Fixed Amount per Mile or Weekly Minimum,
Whichever is Higher. Allowance Geared to Weekly Mileage Schedule for
Earned Classifications
Employees who make available an automobile for use on company business,
excluding those on a .flat-rate allowance as hereinafter provided, shall be desig
nated by their immediate superior and shall receive 9 cents per mile or a
minimum of $4.50 weekly, whichever is higher.
District manager, branch office managers, full-time distributors, circulations
verifiers, advertising and circulation collectors shall receive a minimum of $20
per 5-day week automobile allowance. Car allowance for a sixth shift shall be
an additional one-fifth o f the weekly car allowance.
65
GENERAL WAGE PROVISIONS
Employees in the above classification shall be paid car allowance upon the
following basis:
Up to 250 miles per 5-day week----------------------------- ------ ------$20.00
251 to 300 miles per 5-day week------------------------------------------ 22.00
301 to 350 miles per 5-day week------------------------------------------ 20.00
351 to 400 miles per 5-day week____________________________ 30.00
401 to 450 miles per 5-day week____________________________ 34.00
451 to 500 miles per 5-day week____________________________ 38.00
501 to 550 miles per 5-day week_______-____________________ 42.00
551 to 600 miles per 5-day week____________________________ 46.00
276. Company Pays Cost of Employee Telephone Installed at its Request
All employees who are required by the company in writing to maintain a
telephone in their home shall receive from the company the cost o f the local
monthly service thereof.
277. Company Pays Cost of Pre-Placement Physical Examination
Applicants for initial employment shall submit to a physical examination by
a local physician appointed by the company. The cost of such examination shall
be borne by the company.
278. Weekly Allowance When Employee Furnishes Work Clothes. Laundering
by Company
An allowance of 50 cents per week per employee will be paid for the furnishing
of work clothes as follow s: Employees who qualify for the four (4) hour guaran
tee in any day of the workweek or who, after reporting for work, are excused due
to illness or injury, will be paid 50 cents allowance for such week. The fore
going is to apply to regular employees and not part-time employees.
The company will launder all work clothes and be responsible for them while
they are in the company laundry.
279. Employees Paid if Furnish Own Uniform
Any employee who is required to furnish his own uniform shall be paid in
addition to his regular rate of pay 12y2 cents per hour for rental of said uniform.
280. Part of Cost of Laundering Certain Garments
The company will pay part o f the cost o f laundry of certain garments (listed
below) used during the hours of their employment by employees who regularly
work in the following plants: ..........................
Such partial payment shall be limited to those items listed below. The employee
shall pay the cost opposite each garment and the company shall pay the balance,
provided the garments are sent to a recognized commercial laundry through the
local storekeeper of the company who will collect from the employee his portion
of the cost at the time a clean garment is delivered to the employee:
Am ount to be paid
Garment:
by employee
Coveralls---------------------------------------------------------------------- $0.15
Overalls with or without bib------------------------------------.10
Jacket------------------------------------------------------------------------.10
Shirt_________________________________________________
.10
Sweat shirt--------------------------------------------------------------. 10
Cap --------------------------------------------------------------------------.10
66
COLLECTIVE BARGAINING PROVISIONS
281. Fixed Allowances for Necessary Tire Changing and Reimbursement for Re
pairs or Cleaning of Uniform Due to Mechanical Work
Operators shall not be required to do any mechanical work at garages or sta
tions in cities where company maintenance employees are available. It is ex
pected that if operators develop mechanical trouble en route, they will make
every effort to make repairs as quickly as possible. In the event of doing so
they damage or soil their uniform, they will be reimbursed for repairs or clean
ing when the same is properly reported to the company.
When an operator is required to change tires or to install or remove chains
en route, or at station where company maintenance employees are not available,
one dollar ($1) will be allowed for each tire change and one dollar ($1) will
be allowed for each installation or removal of chains. It is understood that
not more than one dollar ($1) will be paid to an operator for installing and/or
removing chains on any one schedule.
282. Premiums Where Bonds or Insurance Required
Wherever the employer requires the bonding of any employee or the carrying
of any insurance for the indemnification of the employer, the premiums for the
same shall be paid by the employer.
288. Necessary License Fees
The company will reimburse employees for the cost of licenses required in the
performance of their duties after the employees have completed their proba
tionary period of ninety (90) days.
284. Compensation Up to Set Maximum for Loss of Clothing Due to Shipwreck
In the event a ship of the company is lost the crew shall be recompensed for the
loss of clothing, not to exceed three hundred dollars ($300) and to be repatriated
to the port of signing articles with subsistence, room, and wages as per section
14 of this agreement.
285. Company Furnishes Insurance to Cover Loss to Personal Property
The company agrees to place in effect insurance covering the loss of personal
belongings and clothes of the members of the union due to shipwreck in an
amount not to exceed $150 per man. Failure to provide such insurance shall
place this responsibility upon the company.
286. Reimbursement for Clothing Damaged Despite Company-Furnished Protec
tive Clothing
The company agrees to furnish rubber aprons, boots, and gloves to all employees
working in or in connection with sulphuric acid and the company further agrees
that each employee working in or in connection with the sulphuric acid who wears
the above provided protective clothing as furnished by the corporation and sus
tains clothing damage, the corporation will compensate such employee for dam
aged clothing at the rate of $1.50 per garment.
287. Reimbursement for Loss of Personal Property not due to Employee's Negli
gence. Maximum Employer Liability
The employer agrees to be responsible for the loss of or damage of clothing of
employees while on duty, provided, however, said loss or damage is not due to
the fault or negligence of any employee. The employer shall not be responsible
for loss of or damage to clothing of employees caused or contributed to by the
fault or negligence of any employee.
In no event shall the employer be responsible for any property other than wear
ing apparel, as to which its liability shall not exceed fifty dollars ($50).
67
GENERAL WAGE PROVISIONS
288. Compensation Up to Certain Fixed Amount for Loss of Tools
In case of fire the tools o f the members o f the party of the first part placed
within the mills for safekeeping, the employer shall be held responsible for such
loss which shall not exceed a maximum of seventy-five ($75) dollars in each
individual case.
289. Reimbursement fo r Damages to Auto While on Company Business
I f through no fault of his own, the automobile of any such employee is dam
aged while being operated on business of the [employer] to such an extent that
actual cost to him o f necessary repairs is more than twenty-five dollars ($25)
and he is unable to recover such cost from any other source, he shall be entitled
to reimbursement after ninety (90) days for the unrecovered balance, but in
such case the employee shall continue to make every reasonable effort to obtain
reimbursement from other sources if there appears to be any possibility o f recov
ery therefrom and shall also assign to the [employer], if required by it to do so,
his claim or claims for reimbursement from such other sources. If the employee
thereafter makes any recovery from other sources, he shall turn over to the [em
ployer] all sums so recovered up to the amount of the payment made to him by
the [employer]. If the employee’s claim or claims are assigned to the [employer]
and the [employer] thereafter recovers an amount in excess of that paid by it to
the employee, it shall turn over such excess to the employee. In no event shall
the amount paid by the [employer] under this paragraph exceed the value of the
car at the time the damage is sustained.
290. Company to Pay for Lodging and Fixed Amounts for Meals
Pilots, when at other than their regular lay-over stations, shall receive reason
able expenses incurred for lodging.
Meals: Pilots, when at their regular lay-over stations away from their home
domiciles, shall be allowed expenses for meals during periods when they would
normally require meals not to exceed $3.50 per day, prorated as follow s:
$1.00
Breakfast------------------------------Lunch________________________________________________ 1.00
Dinner_______________________________________________ 1.50
Pilots, when away from their home domiciles at points other than their regular
lay-over stations, shall receive reasonable expenses incurred for meals and
transportation.
291. Out of Town Work—Pay for Travel Time Plus Expenses.
Overtime Days Paid at Overtime Rate
Travel on
In the event employees are sent on jobs away from their regular place of
employment, all time taken up in traveling to and from outside work shall be
paid for at straight time plus actual and necessary expense until destination
is reached and the employees have returned to their places of regular employ
ment. I f employees are required to travel on overtime days, they shall be paid
travel time at overtime rates. Travel time pay not to exceed eight (8) hours in
any twenty-four (24) hour period, eight (8) a. m. to eight (8) p. m. First
class transportation shall be provided or allowed.
292. Out of Town Work—Transportation, Meals, Per Diem, and Laundry Allowance. On Work Within Daily Connecting Distance, Receive Transportation,
10 Hours' Pay for 8 Hours' Work and Lunch Money
When outside men must remain away from home overnight, they shall be
allowed transportation, including sleepers, if any, their meals on the train, and
68
COLLECTIVE BARGAINING PROVISIONS
while on location on the job $7 per day for living expenses, and an allowance
o f $2 per week for laundry. I f living conditions in certain sections or cities
warrant increases o f rates established herein, they will be granted if legitimate.
Where outside machinists are expected to travel from their homes to jobs
out o f [city] but within convenient distance o f returning home at night, they
shall deliver as nearly as possible eight (8) hours’ actual work on the job and
shall be paid, in addition to transportation, ten (10) hours’ pay at the outside rate,
plus seventy-five cents (75tf) per day for luncheon. Where the work amounts to
less than one day, they shall be paid at the outside rate from the time they leave
[city] until they again arrive in [city].
293. Per Diem Allowances for “ On the Road” Workers m Addition to Traveling
Expenses
Member o f lo c a l--------- working “ on the road,” shall receive not less than
$4 per day hotel expenses, together with all traveling expenses from date of
leaving until they return to their home.
294. Transportation Costs for Transfers Out of Home District
In case an employee reports to a designated point for work under instructions
and then is instructed to report to another point for work, transportation shall
be supplied by the company or compensated for at the rate of four and one-half
cents ( 4 ^ ) per mile. If, at the company’s request, an employee is transferred
from one district as defined by the company to another, he shall be allowed the
reasonable cost of transportation for himself, and shall be paid for any of his
regular working days lost, and in the event of traveling on his regular days
oft shall be compensated for same at his regular rate. Any time consumed in
traveling on regular days off shall not be considered as time worked. If such
transfer is permanent the company will also allow reasonable cost for trans
portation for his family and household effects.
295. Employer Pays Transportation Expenses of Employee and Family Where
Transferred to Another City
No employee shall be transferred by the publisher to work in another city,
whether in the same enterprise or in other enterprises conducted by the publisher,
or by a subsidiary related to the parent company of the publisher, without the
employee’s consent. An employee shall not be penalized for refusing to accept
such a transfer. In the event a transfer is agreed upon, the publisher shall pay
all transportation expenses of the employee and his family in connection there
with, and there shall be no reduction in salary or impairment of other benefits
of this agreement as a result of such transfer.
296. Transportation for Work Outside City Limits
The employer shall be required to pay transportation for any employee ordered
for work outside of the city limits.
297. Employer to Pay Fare Exceeding 20 Cents
All transportation to and from the jobs in this territory in excess o f twenty
(20) cents shall be paid by the party of the first part [employer].
298. Specified Meal and Room Allowances in Lieu of Board and Lodging
When board is not furnished, unlicensed members of the crew shall receive
the following allowances:
GENERAL WAGE PROVISIONS
69
(a) In lieu of breakfast_______________________________$0.90
(b) In lieu of dinner_______________________ —-----------.90
(c) In lieu of supper_______________________ _________
.90
When men are required to sleep ashore, two dollars and fifty cents ($2.50)
shall be allowed for room.
299. Pay for Time to Secure Medical Treatment if Injured on Job
Employees required to take time off from their work to secure medical
treatment for injuries received on their job shall be paid their regular pay by
the employer for the actual work time consumed.
NON-MONETARY ALLOWANCES
Agreements in a number of trades and industries—building service,
hotel and restaurant, bus and street railways, among others—make
some provision in regard to uniforms. Sometimes the employer bears
the entire expense of furnishing and laundering uniforms; sometimes
he pays only a part o f the original cost o f the uniform; and sometimes
uniforms furnished by the employer are laundered at the employee’s
expense. In lieu o f furnishing work clothes, meat-packing companies
contract to pay the employee an allowance of 50 cents per week.
In leather tanning, chemical, and a few other industries where em
ployees work in wet places or handle toxic substances, employers often
furnish rubber boots and aprons, gloves and similar protective wearing
apparel. In coal mining the operators are required to furnish or pay
for all necessary tools and safety equipment, excluding personal wear
ing apparel, such as hats, clothing, shoes and goggles. In other agree
ments, the employee may be required to purchase such equipment at
their expense, but in such instances a limitation is usually placed on
the total cost.
In some industries, wages in kind, services, privileges or goods are
furnished as net additions to the employee’s money wages and these
are sometimes covered by agreement clauses. Practically all workers
on seagoing ships are given board and room as part of their compensa
tion. Maritime agreements usually also provide for allowances when
subsistence and quarters for the crew are not furnished aboard the
vessel while in port. A small number of hotel employees also receive
board and room. Kestaurant and cafeteria workers sometimes are
given one or more meals in lieu of cash, or are permitted to buy meals
at reduced prices. The right to buy goods at discount, for example,
is sometimes allowed to clerks in retail establishments.
Sometimes goods or services are given to the employees without
becoming an issue in wage negotiations. Many brewery workers, for
instance, receive free beer and many bakery workers receive certain
bread products. In the railroad and transportation industries, em
ployees may receive free transportation for themselves and their
70
COLLECTIVE BARGAINING PROVISIONS
families. Although these are seldom mentioned in the agreements,
references to such perquisites are sometimes found.
300. Employer to Furnish, Clean, Launder and Maintain Uniforms, Linen and
Tools
The employer shall furnish, clean, launder and maintain whatever uniforms,
linen or tools that are used in his service by a union member. Such uniforms,
linen or tools shall remain the property of the employer at all times.
801. Company to Furnish Necessary Protective Clothing; Cloves Furnished at
Half-Price
In all operations where rubber boots and aprons are required, the company
will furnish them. Such items will be charged to the employees and in case of
loss or unnecessary damage, the employees will be responsible. In designated
operations where gloves are required, the company will furnish them at one-half
o f cost price.
802. Company to Replace Worn Out Uniforms Under Specified Conditions
The company will furnish replacements of worn-out standard uniforms up to
a maximum allowance of four sets per year under the following conditions:
(1) Employees agree not to wear such uniforms outside the plant.
(2) Employees agree to keep a neat appearance, and wear suitable hair
covering at all times while on the job.
(3) Upon termination of employment the uniforms will be returned to
the company.
(4) Lost or stolen uniforms will not be replaced.
803. Uniforms Furnished by Employer Become Employee’s Property A fter 6
Months
The employer agrees to furnish each female employee in the bottling house
with uniforms. The employees will launder and clean these uniforms themselves.
The uniforms will remain the property of the employees who have worked six (6)
months for the company; for less than that period, the uniforms shall be re
turned if the employees leave.
304. Employer Furnishes Tools and Safety Equipment
The management shall furnish all necessary mine workers' tools.
Safety equipment and devices, including electric cap lamps, and also carbide
lamps, shall be furnished by the management without charge. This shall not
include, however, personal wearing apparel such as hats, clothing, shoes, and
goggles. In lieu o f furnishing carbide lamps and carbide, the operator may,
at his option, pay to the mine workers who use carbide lamps at their work
6 cents per day and the mine workers shall continue to furnish their own
carbide lamps and carbide.
No charge shall be made for blacksmithing.
305. Company To Furnish Specified Tools; Replace Others
The company will furnish those knives, steels, whetstones, and meathooks which
are necessary for the work. Said items will remain company property. This
provision will not be retroactive. Present plant practice shall be continued with
respect to furnishing of heavy tools and safety devices and equipment.
The company will, upon presentation of a broken or worn-out tool, replace the
following articles; rules, hammers, screw-drivers, taps, drills, pliers, and end
wrenches.
GENERAL WAGE PROVISIONS
71
306. Employees To Receive Meals as Part of Compensation
All employees in the catering (food and drink) departments with the exception
of banquet waiters and waitresses, shall receive meals as part of their compensa
tion while on duty, which meals shall be palatable and wholesome.
All meals are to be served in a clean, well ventilated and sanitary place.
All cooks are entitled to receive three bottles of beer a day without cost, or
three glasses of draught beer, if the establishment has draught beer.
307. Subsistence, Quarters, Maintenance and Cure Furnished Maritime Workers
Licensed deck officers of the classifications hereby designated (or equivalent
classifications, regardless of what titles may be used by the respective general
agents) shall be paid the following monthly wages; together with subsistence,
quarters, maintenance and cure as customary.
308. Company Furnishes Soap for Personal Use and for Washing Clothes {on
Company Time)
The company will furnish suitable soap for bathing; however, shall not be
required to furnish in excess of three (3) bars per week to each employee. The
kinds of soap purchased for this purpose shall be limited to six, such kinds to be
designated by the workmen’s committee. The company shall also furnish soap
for washing clothes, each man to be enttiled to receive one (1) pound per week and
each man shall have thirty (30) minutes per week for washing clothes on
company time.
N ote.—This agreement covers a chemical plant.
309. Discount on Company Goods
All employees covered by this contract shall be privileged to receive their
dairy products from their employer at established wholesale prices, provided he
or she buys them at the counter and pays cash for them and if products are
delivered to employees home, employee will receive a 10 percent discount.
310. Employee May Take Home Specified Amount of Bakery Products
Each employee is entitled to take home for his family, bread and rolls of the
value of thirty cents a day.
311. Employee Purchases at Cost Price
Employees shall be charged no more than cost price (including taxes and
handling charges) for any merchandise such as clothing, tools, etc., purchased
from the employer.
312. Free Transportation on Company Lines
Free transportation on all lines of said company shall be granted to all members
covered by this agreement.
Deductions From Wages
The type o f deductions which an employer may make from an
employee’s pay is sometimes covered by union agreements. Allowable
deductions may be listed. These may include union dues and assess
ments, employee contributions to employee benefit plans, reimburse
ments for damages, spoilages or loss of company equipment or prop
erty, and deductions required by law. As a safeguard against un
justified deductions for damaged goods, the conditions under which
such deductions are permissible may be outlined and an employee may
be given the right to appeal under the grievance procedure if he does
72
COLLECTIVE BARGAINING PROVISIONS
not consider a deduction warranted. An employer may resort to
discipline or discharge for poor, careless, or damaged work in lieu
of, or in addition to, reimbursement.
313. No Fines for Any Cause
There shaU be no fines levied against any employee for any cause whatsoever.
314. Deductions Prohibited Unless Agreed to by Unions
The company shall at no time deduct any money from employees’ pay, except
as provided by law, unless said deduction is agreed to by the union and then
only for such duration as agreed.
315. No Deductions for Damaged Products
The company and the union agree that the present policy of not charging any
Individual worker for damaged shoes shall be continued.
316. Deductions Allowed for Damages Under Certain Conditions
The union agrees that deductions for spoiled work may be made by the company
from employee’s earnings in excess o f the weekly basic earnings guarantee, pro
vided (1) that employee fault is established, (2) that the amount deducted does
not exceed the price paid for the operation, (3) that the rejection must be made
within four (4) months before hardening and two (2) months after hardening
at plant No. 1, and within two (2) months before hardening or one (1) month
after hardening in plant No. 2 of the date when the operation causing the
spoilage occurred, and (4) that the deduction must be made within one (1)
month at plant No. 1 and within two (2) weeks at plant No. 2 after the final
inspection rejection is made.
Before the employee is charged for spoiled work he shall be given the op
portunity to check such spoiled work, and any disagreement as to the responsi
bility for spoilage shall be subject to the grievance procedure.
317. No Deductions for Accidental Damage
There shall be no deductions from the wages of service employees for any
accidental damage to property o f the establishment or guests, or for inadvertent
failure to see that a guest has properly checked out.
318. No Deduction for Defective Work Unless Union Committee and Management
Agree on Employee’s Responsibility
No employee shall suffer any loss because o f defective work unless the price
committee of his department and the management mutually agree that defective
work is due solely to his or their responsibility and is not due to defective mate
rials or incorrect advice on the part of supervisory employees.
319. No Deductions for Damages Unless Wilful Neglect Shown
No employee shall be charged for breakage, material damage, or products
damaged, except in cases where wilful neglect or malicious intent can reasonably
be shown. In the event that any employee is charged with causing wilful damage
to any o f the company’s property or equipment such employee shall be subject
to hearing by the union at which the employer may be represented.
320. Damages Charged Only as Necessary to Prevent Carelessness; Disputes
Orievable
It is agreed that only such damages shall be charged to the operators as the
company believes essential to prevent carelessness. If any operator believes
GENERAL WAGE PROVISIONS
73
that such charge is unjust, he has the right to take the matter up through the
regular grievance procedure.
321. No Deductions for Cash Shortage Until Employee Checks Cash Register
There shall be no cash deductions from the wages of any bartender for any
cash shortage without first permitting the bartender to verify said shortage by
personally checking the cash register.
322. Deductions Allowed for Damages
When electric cap lamps are furnished by the operator, the charge shall not
exceed eight cents (8tf) per day for each shift a lamp is used. Any damage to
or breaking of the lamp shall be repaired by the operator and the cost thereof
charged to the mine worker in whose possession the lamp was when the damage
resulted.
323. Deductions Allowed for Impurities
If a car contains an unreasonable amount of impurities, the mine worker or
mine workers so offending shall be subject, on the first offense, to warning and
dockage; and for the second offense in any 30-day period to 2 days’ suspension
and dockage; and for the third offense in said 30-day period, to dockage and
discharge; provided, that in malicious and aggravated cases, the mine manage
ment shall have the right to discharge.
324. Employee Responsible for Loss of Tool Checks or Employee Badges
Employees shall be held responsible for loss of tool checks or employee badges
and shall be charged for same at cost of replacement.
325. Deductions Allowed for Tardiness
Any failure to ring the clock card will result in the deduction of fifteen (15)
minutes. The penalty for being late will be the remainder of the quarter hour
in which the car<j is punched in, plus the time the employee is late.
326. Deductions Allowed for Group Insurance Premiums and Long Distance Calls
Other deductions from pay rolls for group insurance premiums and emergency
long distance telephone calls shall continue as heretofore.
327. Specified Deductions and Amounts Listed
Pay-roll deductions may be made to reimburse the company as follows:
(1) For cost of tools and equipment issued to an employee but not re
turned by him, such cost to be subject to wear of the tools.
(2) For each tool check lost and not returned, the sum of twenty-five
cents (25^).
(3) For any indebtedness due to the company covering purchases made
by an employee through the company.
(4) For any loans or advances made to the employee by the company.
(5) For each employee identification card or identification badge lost
or destroyed, a sum of one dollar ($1).
(6) For a lost key, a sum of one dollar ($1).
328. Pay-Roll Deductions if Required by Law or With Employee’s Consent
Pay-roll deductions may be made as specifically required by the Federal,
State or municipal laws and may be made also, by mutual agreement with em
ployees, in matters affecting war bond issues or war financing, or under other
mutually agreed circumstances.
74
COLLECTIVE BARGAINING PROVISIONS
Retroactivity of Wage Increases or Adjustments
Where wage negotiations are protracted, unions frequently ask
employers to consent to retroactive wage adjustments on the basis
finally reached. The purpose of retroactivity is simply to insure the
parties that they will suffer no loss through the continuation of nego
tiations ; otherwise, the morale in the plant would be greatly disturbed
and the pressure for a work stoppage would be greatly intensified. In
the very nature of the case, retroactivity is concerned largely, if not
wholly, with wage payments.
The principle of retroactive payment of wage increases is not new.
It has long been used by labor and management to promote peaceful
wage negotiations and remove the most important element of uncer
tainty. Many wage reopening clauses specifically make wage in
creases retroactive to the date notice was first given of desire to reopen
wages, or to the date negotiations started, or to the date the issue was
submitted to arbitration. In some cases, however, a limit may be
placed on the length of the retroactive pay period for future wage ad
justments. Where provision is not made for retroactive wage in
creases in case of arbitration, the question of retroactivity may also
be left to the decision of the arbitrator.
329. Retroactive Pay to Employees no Longer in Service
Any employee who has died, quit, or been discharged subsequent to July 1, . . .
shall receive the amount of the increase in wages provided for in this agreement
up to the date on which his employment terminated.
330. Retroactive Pay Provided on Pay Roll 15 Days During Period of Retroactivity
Any employee covered by the terms of this contract who has either quit or been
discharged since March 1, . . ., shall receive the amount of the increase for his
classification up to the date upon which his employment with the company termi
nated, provided that retroactive pay will not be paid to any employee not on the
company’s pay roll for a total of fifteen (15) days during the period of retro
activity.
331. Part of Wage Increase Made Retroactive. Employees Entering Military
Service and Laid-off Employees Entitled to Retroactive Pay
It is mutually agreed that, subject to approval by the wage stabilization board,
a general wage increase shall be paid to hourly employees as follow s:
(1) Thirteen and one-half cents per hour increase will be added to all base
rates and straight hourly rates, effective April 27, . . .
(2) Seven and one-half cents per hour of this increase will be paid retroactive
to March 1, . . .
The retroactive pay in (1) and (2) above will be paid to employees (includ
ing those on piece work rates) on the basis of the number of straight-time and
overtime hours worked since March 1, . . . up to the day when the rates are
adjusted so as to include the 13^ cents increase.
The above general increase and retroactive pay will be paid only to those
hourly employees on the company pay roll on April 27, . . ., except that the
following persons will be paid in accordance with the above plan for the number
of straight-time hours and overtime hours worked between March 1, . . . and
GENERAL WAGE PROVISIONS
75
April 27, . .
and will have the 13^ cents added to their base rate, if and when
they are reinstated.
(1) Employees who left the employ of the company to enter military service
between March 1, . . . and April 27, . . .
(2) Laid-off employees who have maintained their eligibility to be reinstated
as of April 27, . . . in accordance with the present collective bargaining agree
ment signed April 30, . . .
332. No Retroactive Pay to Specified Employees
The parties mutually agree to the following conditions:
(1) Retroactive pay adjustments will be made covering the period from
November 5, . . ., to the date of closing o f the stores in . . . on October
5, . . .,
with the express understanding that no retroactive pay adjust
ment will be granted or made to any employee who during this period (a ),
terminated his or her employment and (b) is no longer employed in the industry
in . . . County, unless such employee still resides in . . . County. Provided,
however, that it is further expressly understood and agreed that no retroactive
pay adjustment shall be made or granted to any employee not on pay roll on
October 4, . . . , who during this period has been employed ninety (90) days
or less in said industry. The provisions hereof shall apply only to employees
who were members of the union on October 5, . . . , or to members of the union
on withdrawal on said day.
333. Computation of Retroactive Pay: Amount of Increase Times Actual Hours
Worked During Specified Period
Retroactive pay shall be the cents increase per hour times actual hours worked
in the period of February 1 ,------ , to May 15,------ , inclusive.
Payment of retroactive pay applies only to employees on the pay roll as of
May 1 6 ,------ . [Effective date of agreement]
334. Settlement of Wage Grievance Retroactive to Date Submitted to Industrial
Relations Department
The parties agree that if a wage adjustment grievance has been rejected by
the industrial relations department and is subsequently granted in any of the
following steps of the grievance procedure, it shall be retroactive to the date of
submission to the industrial relations department.
335. Time Limit on Retroactive Pay Period for Future Wage Adjustments
As soon as possible after machinery and other equipment have been installed,
and, in any event, within 30 calendar days after a production employee has been
placed on the job, the shop committee and management shall negotiate the rate
and classification, and when negotiations are completed, such classification and
rate shall become a part of the local wage agreement, and the negotiated rate,
if higher than the temporary rate shall be applied retroactively to the date the
production employee started on the job.
336. Ninety-Day Limit on Retroactivity of Rates Finally Established on New or
Changed Jobs
At the start of a new job which has been placed into production and which
cannot be properly placed in existing classification, the company will notify the
union and will set up a new classification and a rate covering the job in ques
tion, and will designate it as a temporary rate and classification. This tem
porary rate and classification shall not be in effect more than thirty (30) days
791531—48------6
70
COLLECTIVE BARGAINING PROVISIONS
during which time the union and the company shall negotiate the new rate
and classification for the job.
I f the negotiated rate on the new Job is higher than the temporary rate, it
shall be applied retroactively to the date the production employee started on
the job, except that retroactive payment in no event shall exceed ninety (90)
calendar days.
Period and Form of Wage Payment
PAY DAY
The majority o f union agreements which specify pay periods pro
vide for a weekly payday.5 Wages, however, may be paid daily, bi
weekly, semimonthly or at any other interval.
Factory and office workers are generally paid weekly or biweekly.
Technical and supervisory employees are often paid biweekly, semi
monthly, or monthly. Daily payment of wages may be required by
the union in special cases where there is doubt as to the employer’s
ability to continue wage payments. The wages of crew members of
sea-going ships are almost always calculated on a monthly basis, with
payment in full frequently being made only at the end of the voyage.
In many agreements a specific day of the week is designated as pay
day, with the further provision that, should this fall on a holiday,
the pay day shall be the day preceding. The actual hour of payment
may be also specified and where a plant is operating several shifts,
the agreement may set the time of payment for employees on the
various shifts. In a few cases, where employees are not paid every
week, special provision may be made for payment on other than the
regular pay day. Laid-off or discharged employees usually are paid
all money due them immediately. On the other hand, an employee
who quits may be required to wait until the regular pay day.
337. Workers Employed Daily, Paid Daily
Men employed by the day shall be paid at the end o f the performance.
338. Weekly Pay Period
The company will continue its present policy of paying on Friday of each week
(except where the company finds it desirable for the convenience of its employees
to pay off on an earlier day).
339. W eekly Pay Day Unless Present Practice Otherwise
Pay day shall be weekly unless presently established otherwise.
shall more than one pay period be held back.
N o te .—This
In no case
agreement was negotiated with an employers’ association.
340. Biweekly Pay Period
The present method o f biweekly pay shall not be changed without mutual
consultation.
• A number o f States have legislation requiring employers to maintain regular pay days
fo r their employees. The semimonthly or biweekly pay period is most comm only required
by law, but in a few States weekly pay days are required. Bulletin 58 o f the Division o f
Labor Standards, U. S. Department o f Labor, published in 1943, summarizes the wage-pay*
ment laws o f the various States.
GENERAL WAGE PROVISIONS
77
341. Temporary Employees Paid D aily; Others Paid W eekly on Company Time •
Temporary employees are to be paid at the end of each working day. All
other employees are to be paid on a weekly basis on a fixed day o f each week,
on the premises and on the employer’s time. I f payment is made by check,
the employer shall provide facilities for cashing such checks on the day o f
issuance.
342. Pay Day Advanced in Event of Holiday
Wages shall be paid in full on a weekly basis every Friday.
on a Friday, pay day shall be the preceding day.
I f a holiday falls
343. Waiting Time Penalty if Employees Not Paid Promptly
If employees are not paid off at the regular time upon the regular pay day,
they shall be entitled to claim full wages for waiting time not to exceed 2 days.
344. No Work for Employer Permitted Until Wages Paid in Full
If any member of this union fails to receive when due his wages from his
employer for work performed and this union has been notified of the same, no
member will be allowed to work for the employer in question until said wages
have been paid in full.
345. Workers May Stop Work if Not Paid Promptly
Whenever the contractor shall fail to pay his employees on the usual weekly
pay day (which must be at least once each week), the shop chairman and shop
committee shall at once give notice thereof to the union and the [employers’
association] and shall at once cause the workers to cease work, unless arrange
ments are made by the representatives o f the [employers’ association] and the
union with respect to the continuance of the work. The wages due the workers
for the week immediately preceding such notice shall be paid to the union by
the manufacturer or, if the work has been performed for more than one manu
facturer, by each manufacturer, pro rata.
346. Daily Payment of Wages Required for Special Reasons
If any houses becoming delinquent or tardy in the payment of wages, or op
erating in receivership by the board of trade, or a creditors’ committee, or in
case of liquidation, bankruptcy, or sale of business, all salaries accrued become
due and must be paid at once. In such cases the union reserves the right to
demand and receive daily payment of wages to all members employed.
347. Employer to Furnish Security if Fails to Pay Wages for 1 Week
The employer must pay the full week’s pay in cash to the steady man at the
end of the week. He is also responsible to the jobber or substitute for his wages.
It is understood and agreed that if at any time during the term of this agreement,
the employer should fail to pay wages for 1 week then and in that event, such
employer shall be required to deposit with the union as security for the payment
of the future wages during the term of this agreement a sum amounting in the
aggregate to 2 weeks’ wages earned by all members of the union in that employer’s
hire.
348. General Limitation on Amount of Pay Withheld
Employers may withhold where necessary a reasonable amount o f wages due,
to enable them to prepare the pay roll.
349. One-Day Hold-Back
The pay week shall end on Thursday and wages shall be paid weekly in cash
or check not later than regular quitting time on Friday.
78
COLLECTIVE BARGAINING PROVISIONS
350. Five-Day Hold-Back; Employees Terminated or Quitting Paid as Soon as
Possible
All employees shall be paid semimonthly by the end of their tour on each
fifth and twentieth, unless circumstances beyond the company’s control prevents.
Payment shall be by check and shall include a statement of earnings including
all deductions from the employee’s earnings which shall be listed on such state
ment. On such pay day all wages shall be paid which were earned and unpaid
at the close of the workday on the previous fifteenth or last day of each month;
provided that when an employee is discharged or laid off, or when an employee
quits or resigns employment, all wages earned and unpaid will become due and
payable as soon as possible.
351. Terminated Employees Paid Off Immediately
All men laid off or discharged by an employer shall be paid immediately and up
to the time they receive all money due them, and shall be given at least 1 hour’s
notice of lay-off.
352. Terminated Employees Paid Off Immediately; Employee Who Quits, Within
72 Hours
An employee who is discharged or terminated by the employer shall be paid
off in full immediately. Any employee who quits shall be paid off in full within
seventy-two (72) hours after termination.
353. Terminated Employees Paid Off Immediately; Employees Who Quit, on
Regular Pay Day
When members are laid off or discharged, they shall be paid in full in cash or
other legal tender on the job immediately, and if required to go to some other
point or to the office of the employer, the member shall be paid for the time re
quired to go to such place. When members quit of their own accord, they shall
wait until the regular pay day for the wages due them.
354. Time Specified for Payment of Each Shift
Employees will be paid weekly as follow s:
The midnight shift will be paid after 8 :00 a. m. Friday, the afternoon shift will
be paid after 3 :30 p. m. Friday, and the day shift after 4 :24 p. m. Friday.
I f the plant is not scheduled to work on Friday, the checks will be made avail
able at 3 :30 p. m. on Thursday. The afternoon shift will be paid after 3 :30 p. m.
on Thursday, the day shift after 4:24 Thursday, the midnight shift after
8 :00 a. m. Friday morning.
On pay day the distribution of pay checks will be handled as expeditiously as
possible.
355. Pay Day on Company Time
All employees will be paid every Friday by cash or check and on company time.
If the pay day Friday falls on a holiday or is a general lay-off day, then Thursday
will be pay day for that week.
356. Wages To Be Paid Within 80 Minutes A fter Close of Pay Day
Journeymen plumbers shall be paid not later than 30 minutes after the close
of the regular pay day or the day set aside as pay day.
357. Provision for Employees in Field To Be Paid on Regular Pay Day
All plant employees located in divisional cities shall be permitted to draw
their pay locally on the established pay day if their pay checks do not arrive on
time.
GENERAL WAGE PROVISIONS
79
358. Advance of Up to 80 Hours' Pay Possible
An employee who attains at least 1 year’s continuous service with the com
pany shall be entitled to an advance of money from the company up to an amount
equal to eighty (80) hours’ time at his rate of pay if he is off duty with permission
of his supervisor. However, the employee shall notify his supervisor of his
desire to receive an advance or go into the red. Such time owed the company
shall be called red time.
Red time owed the company shall be credited with overtime earnings of the
employee, with exceptions of the overtime earnings of regular 6-2 shift workers.
When the red time of an employee is sustained at a fixed figure for a period of
three (3) months, the company shall deduct four (4) hours’ pay from each pay
check of the employee for repayment of the money owed the company until the
total amount of red time has been repaid.
When the red time of an employee reaches the maximum o f eighty (80) hours
and remains at that figure for a period of two (2) months, the company shall
thereafter deduct four (4) hours’ pay from each pay check of the employee
for repayment of the money owed the company until the total amount of red
time has been repaid. If the employee has been absent under the sick leave
plan, such repayment shall commence two (2) months after he has resumed his
regular duties.
If an employee fails to reimburse the company for such red time owed, such
money shall be repaid by the local union. However, when an employee dies,
the union shall not be required to reimburse the company for red time owed
by such deceased employee.
359. Errors in Pay Corrected Within 8 Days
The employer, when notified of error in wages of any employee, must correct
the error and reimburse the employee within three (3) days of notification.
METHODS OF PAYING WAGES
Wage payments are generally required to be in cash as a convenience
to the employees. It also reduces the workers’ risk o f loss of wages
through unsuspected insolvency of an employer. In the building
trades and in the needle trades especially, it is not unusual to find
provisions requiring that wages be paid at a definite time and in cash,
probably as a result of experience in these trades with employers who
disappeared with the pay roll or who gave the workers worthless
checks for their wages. Payment in cash also prevents the use of
scrip or tokens redeemable only at company stores. Payment by check
is expressly permitted under some agreements and tacitly permitted
under others which omit any mention of the form in which wages are
to be paid. I f checks are used, an employer may be required to pay
bank service charges or arrange for check cashing facilities, or allow
employees time off to cash the checks. I f time is allowed for check
cashing, a definite period or length of time may be set aside for the
purpose.
Some agreements require that payment be made during working
hours, so that employees will not be required to spend their own time
waiting for their wages.
80
COLLECTIVE BARGAINING PROVISIONS
In general, union agreements do not require that each pay period
shall cover all time worked up to and including that of the pay day.
The employer is allowed time between the close o f the pay period and
the pay day to prepare the pay roll, especially where the calculation
o f the amount o f wages due is involved, as under some incentive sys
tems. A few agreements specify that payment is to be made on the
day following the close of the pay period, while in others the employer
is given from 2 to 5 days in which to prepare his pay roll. Penalties
are sometimes stipulated against an employer if the employees are not
paid promptly as agreed. Such penalties may be fixed in the agree
ment or they may be assessed by an arbitrator.
360. Wages Paid in Cash
Wages will be paid In cash not later than Wednesday o f each week for work
during the preceding week.
361. Wages Paid in Cash or Other Legal Tender
The regular pay day shall be once a week on such day as agreed upon between
the employer and the local union, and wages shaU be paid before quitting time,
and wages shall be paid in cash or other legal tender.
362. Wages Paid in Cash or Chech
All members of this union shall be paid their wages at least once every 2
weeks, in U. S. currency or check, and not later than Wednesday.
363. Wages Paid by Chech
Employees shall be paid on a regular designated day once each 2 weeks, by
check. When an employee is discharged, he shall be paid off immediately by
check. When an employee is laid off, at his request he shall be paid off imme
diately by check.
364. Chech Cashing Facilities Furnished
All payments shall be in cash or the employer shall provide facilities for cash
ing any checks on the premises.
365. Company Will Pay Banh Charges for Cashing Pay Checks
When it is necessary to incur bank charges for cashing pay checks of line-gang
employees or other plant employees working away from headquarters, the com
pany agrees to assume such bank expense.
366. Specified Addition to Pay Checks to Cover Chech Cashing Charges
In order to cover bank service charges for cashing checks, the sum o f 10 cents
wiU be added to each pay check.
367. Scrip Prohibited
Payment shall be made in cash or pay check, with recognition for legitimate
deductions. This is designed only to prohibit the discounting of earnings through
the use of scrip or tokens.
368. Method of Payment at Company Discretion
The determination o f whether an employee is to be paid by cash or check,
and when, shall be the sole responsibility of management.
GENERAL WAGE PROVISIONS
81
369. Employer May Switch to Payment by Chech if He Determines it Safer for
Workers. Disputes Arbitrable
The employer confirms that in accordance with its determination of the
wishes of the majority o f the employees paid weekly at its . . . plant, it is
in course of obtaining necessary equipment and establishing the necessary
procedure to pay those employees in cash, instead of by check. In the event that
future occurrences demonstrate to the employer that with due regard to the
property and lives o f its employees, such payment by cash is not in their best
interests, the employer shall notify the union in writing of its proposal to
revert to its former practice of payment by check, and if within three (3) weeks
from the giving of such notice, the parties shall not be able to agree, the matter
shall be referred for settlement through the arbitration procedure established
under article . . . section . . . of said agreement, in the settlement of which
the arbitrators shall weigh the apparent desires of a majority of the employees
as only one, but not the determining factor.
370. Pay Given on Company Time
Employees shall be paid on Friday of each week at least 1 hour before the
termination of their respective shifts.
371. Pay Given on Company Time. No Pay for Waiting Time
The regular pay day for all shifts shall be on Friday o f each week before
the employees are regularly scheduled to leave their job. It is the intent of
this section to have the checks delivered to the employee while working on the
job so that he is not delayed in leaving the plant after the shift is through for
the day. It is to be understood that in case this is not always accomplished,
no employee will receive pay for waiting for his check.
372. Pay on Job. Provisions Made if Employee Not on Job When Pay Distributed
Where mason tenders are not on the job, for any reason for which the
employer is not responsible, when the paymaster is paying off the men, they
may be sent to the main office for their pay, but without any allowance for
the time spent in going to and from the office; but where the men are not on
the job because o f any reason for which the employer is responsible, they will
be allowed 1 hour with pay in going to the office for their pay.
373. Pay Envelope to Contain Details of Wage Payment
Each employee shall be paid his wages in cash on a specified date of the
week in a sealed envelope. This envelope shall bear or contain a slip of paper
bearing the name or number of the worker, the regular hours, and the hours of
overtime work done during the week and the amount contained in the said
envelope. A permanent record showing how the weekly pay of the worker is
calculated shall be kept by the employer.
374. Employer Failing to Pay Wages Earned Must Post Wage Surety Bond
In order to protect the public against mechanics* liens and the employees from
loss through irresponsible employers, such individual employer failing to fulfill
the wage requirements of this agreement shall—before members of the union are
again permitted to work for him—furnish the union with a wage surety bond
of a recognized surety company—acceptable to the union—in the sum of not
less than five hundred (500) dollars nor more than the estimated weekly pay roll.
(Property bonds, securities, or cash deposits shall not be accepted.) The joint
conference committee shall not accept any bond which is not written exactly in
accordance with the prescribed form.
82
COLLECTIVE BARGAINING PROVISIONS
375. Penalty Equivalent to Expenses Incurred in Collecting Wages Due if Em
ployer Has Insufficient Funds to Honor Pay Checks
Wages shall be payable in United States currency, or check, at the option
o f the employer. Any member of the party of the first part [employers’ associa
tion] who fails to have sufficient funds in the bank to meet all pay checks issued
to members of the second part [union] shall be penalized by the joint arbitration
board, to the extent to a sum not less than the expenses incurred in collecting the
amount due, the full amount to be paid to complainant.
376. Employer Failing to Pay Wages Pays Penalty and Loses Right to Pay By
Check
All wages shall be payable in United States currency or checks at the option
of the employer. Any member of the party of the first part who fails to have
sufficient funds in the bank to meet all pay checks issued to members of the
party of the second part shall be penalized by the joint arbitration board to the
extent of a sum not less than the expense incurred in collecting the amount due,
the full amount to be paid to complainant including any time lost in making col
lection as well as depriving the defaulting employer of the right to pay by check.
Wage Information Furnished to Union
In order to avoid disputes arising out of claims of improper wage
payment, agreements sometimes require that the union be furnished
lists o f all rates, classifications, and job descriptions, or that the em
ployees receive each pay day a detailed wage statement, or that the
union receive periodically a statement of the hours worked and wages
received by its members.
377. Company To Provide Union With List of Ratesf Etc.
The company will provide the union and keep up to date a list of aU rates,
classifications, and job descriptions in the mill.
378. Union Furnished Job Descriptions, Classes, and Job Evaluation Factors
On or before March 1 ,------, the company will submit to the union job descrip
tions and job classes of all persons in the unit specified in section . . . of ar
ticle . . . . The company will also submit an evaluation chart showing the fac
tors used by it in determining the job classes. The parties shall meet no later
than March 1 0 ,------to begin negotiations on the matter of elimination o f any
wage-rate inequities existing at such time.
379. Detailed Wage Statement Furnished to Employee by Employer
The employer agrees to furnish each employee with a wage statement, show
ing period covered, name of employee, hours worked, overtime if any, total
amount of wages paid, and to list deductions made.
Wage statement shall be furnished each pay day, provided, however, that
upon the termination of employment the employee will be furnished a statement
for final payment when final payment is made.
880. Union Furnished With Rates and Earnings by Pay Periods
The company will furnish the union with copies of the rate classifications cov
ered by this agreement
The company will furnish the local union with the earnings by pay periods
o f the hourly and monthly employees within the collective bargaining unit.
GENERAL WAGE PROVISIONS
83
881. Employment and Social Security Records Available to Union
All members of the union must receive their weekly pay in full on Friday on
or before completion of the day’s work. Federal and State employment and
Social Security records shall be open to inspection by representatives of the
union in order to determine that the regular wage scale of the union is upheld.
Employer may hold back last day during continuous employment.
382. Union Committee May Inspect Pay Checks Before Issuance; May Request
Pay-Roll Check-Up by U. S. Labor Department Appointee
A committee, consisting of not less than two nor more than three members,
chosen from among the union’s president, vice president, secretary, treasurer,
financial secretary and district manager, shall have the right to inspect the pay
checks of union employees immediately previous to the issuance of the checks to
see that the terms of this agreement are being maintained. If a pay-roll check-up
is desired, the U. S. Department o f Labor shall be requested to assign someone
to do so.
Index
G EN E RAL W AGE PROVISIONS
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General wage clauses___________________________________________________
Statements of wage policy______________________________________________
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Clauses
(1) Company to pay prevailing wages in area_____________________
(2) Wage policy keyed to prevailing area—industry wages and cost
of living___________________________________________________
(3) Average wage paid to fall in upper third of wages paid by compet
ing area firms. Wage surveys made jointly_________ ________
(4) Weekly minimum to exceed legal minimum by one dollar______
(5) Plant wage structure under master agreement subject to local bar
gaining.Consideration to area wage rates____________________
(6) Local wage scales set by negotiations between parties; factors
to be considered in setting new wages_______________________
(7) Craft agreement— higher rate prevailing in sister local's territory
to prevail for work in that area-------------------------------------------(8) Wage rates predicated and based on specified minimum daily pro
duction____________________________________________________
Method and allocation of general wage increase_________________________
(9) Wage increase in cents per hour_______________________________
(10) Flat wage increase for monthly and hourly paid employees_____
(11) Amount of increase graduated to weekly salary________________
(12) Amount of increase graduated to hourly rates; increases added to
present minimum and maximum of rate range_______________
(13) Average increase expressed in cents per hour. Specified part of
total increase to all employees; balance given to certain classi
fications___________________________________________________
(14) Same percentage increase to time and pieceworkers____________
(15) Differential in hourly increase for day-rate andpiece-rate jo b s ..
(16) Flat wage increase added to base rates of piecework jobs. Past
increases incorporated into base rates_______________________
(17) Flat increase added to piece-rate earnings-------------------------------(18) Flat increase added to pieceworker's earnings; probationary em
ployees excluded from increase______________________________
(19) Formula for converting general wage increases into piece-rate
structure___________________________________________________
(20) General wage increase not applicable to payment of incentive
workers____________________________________________________
(21) Specified amount set aside to correct wage inequities during con
tract year__________________________________________________
(22) Wage increase constitutes settlement for portal-to-portal claims.
(23) Time lag in receipt of increase by employees earning over set
amount____________________________________________________
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INDEX
Restrictions on wage reductions________________________________________
(24) No wage reduction during agreement--------------------------------------(25) No reduction in wages paid present employees------------------------(26) No reduction of above-minimum rates or more favorable working
conditions__________________________________________________
(27) No reduction of above-minimum rates unless employee reclas
sified to lower job __________________________________________
(28) No reduction of above-minimum rate but employee excluded from
future increases until pay equalized_________________________
(29) No wage cut for 3-year men when laid off or down-graded due
to lack of work_____________________________________________
(30) No wage cut unless demoted for cause_________________________
(31) No reduction in piecework prices without discussion with union—
(32) No wage reduction when returning after lay-off________________
Basic wage rate structure______________________________________________
Minimum and hiring rates______________________________________________
(33) Minimum plant hourly rate specified__________________________
(34) Daily minimum______________________________________________
(35) Weekly minimum_____________________________________________
(36) Basic weekly wage plus commission___________________________
(37) Specified minimum salary paid after 6-months, service_________
(38) Automatic progression from hiring to minimum rate in three steps.
(39) Automatic progression from starting to established rate in four
equal steps------------------------------------ ------- -----------------------------(40) Employee exceeding specified production index paid senior rate
immediately___ _____
(41) Advancement from hiring rate inproportion to ability_________
(42) Advancement from hiring rate by joint union management agree
ment_______________________________________________________
(43) Lowest rate of job classification paid during probationary period;
regular guaranteed hourly rate thereafter____________________
(44) New inexperienced workers paid specified hourly rate; new expe
rienced employees paid minimum of labor grade range to which
assigned___________________________________________________
(45) Hiring rate differential between non-productive and productive
employees__________________________________________________
(46) Sex differential in hiring rate__________________________________
(47) Definition of experience for wage purposes_____________________
(48) Limitation on proportion of workers paid according to specified
experience ratings__ __________________________________________
(49) Hiring rate below minimum for errand boys___________________
(50) Temporary employees paid job rate plus 15 percent____________
(51) Company may hire above minimum rate______________________
(52) Company option to pay higher starting rate but not to exceed
standard job rate___________________________________________
(53) Minimum rates do not foreclose payment of higher rates_______
Job evaluation___________________________________
Installation and administration___________________________________________
(54) Administration and operation of plan by company; union may
request re-evaluation_______________________________________
(55) Company job evaluation plan submitted to union for approval.
Effective date of plan related to date of approval by union__
(56) Company may withdraw its evaluation study if union disagrees
with results________________________________________________
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INDEX
Installation and administration— Continued
(57) Installation and administration by permanent joint comm ittee.(58) Joint job evaluation plan to distribute 2J4 percent of average
weekly pay roll for elimination of inequalities and inequities.
Disputes to named engineer_________________________________
(59) Job evaluation plan incorporated by reference_________________
Evaluating new and changed jobs and handling evaluation disputes______
(60) Company to establish job evaluation plan for evaluating new and
changed jobs_______________________________________________
(61) Company to evaluate new and changed jobs___________________
(62) Company evaluates new jobs; disputes arbitrable. Decision ret
roactive to date employee started on job____________________
(63) Evaluation of new or revised job by employer; copy to union
which may request joint study. Disputes go to third step of
grievance machinery________________________________________
(64) Evaluation of new or revised jobs negotiated with union before
taking effect_______________________________________________
(65) Job evaluation committee for new jobs includes foreman, union
representative, time study man, andpersonnel officer________
(66) Permanent joint job evaluation committee to act on establish
ment of new jobs; disputes arbitrable_______________________
(67) New and changed jobs evaluated by tripartite committee; dis
putes to grievance machinery_______________________________
(68) Procedure: department head; joint job evaluation committee;
technician— arbitrator_________ _____________________________
(69) Special procedure for evaluation grievances____________________
(70) Failure by company to evaluate new or changed job constitutes
grievance. Change retroactive to date grievance filed_______
(71) Revised rate retroactive to date original rate established. Time
limit on evaluation grievances______________________________
Rate status of incumbents when jobs are evaluated below present scale.. (72) No reduction in rate of incumbent if job rate cut by evaluation. _
(73) Rate of job incumbent raised if job rated up; no wage cut if job
rated down_________________________________________________
Job classification and reclassification____________________________________
(74) Company determines classification or position within rate range.
Disputes to grievance— arbitration procedure________________
(75) Notice to union of job classification changes. Disputes to griev
ance— arbitration procedure------------------------------------------------(76) Classification rate ranges: company sets range, explanation to
union wage committee; installs rate range. Grievances unless
union committee approves range------------------------------------------(77) Initial classification by company; joint study; grievance proced
ure if disputed. Retroactivity established---------------------------(78) New and revised job classifications: 30-day trial period; company
assigns labor grade; if disputed, referred to industrial engineer.
(79) Rate and duties of new classification jointly determined________
(80) Joint committee studies new classifications and reports to griev
ance committee_____________________________________________
(81) Individual wage rate and new job classification adjustments con
sidered by joint committee. Procedure outlined. No arbitra
tion of revision or establishment of wage rates---------------------(82) Joint determination of military service experience in comparable
work for salary rating---------------------------------------------------------
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INDEX
Job classification and reclassification— Continued
Pw
(83) Claim of misclassifi cation grievable_________________________ _
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(84) Claims of misclassification subject to grievance procedure. Job
content basis for decision___________________________________
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(85) Employee may contest rate of new or changed job within 30 days,
any change made retroactive to time original rate was set____
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(86) Special procedure: reclassification request submitted to union com
mittee; committee notes decision on request and forwards it to
company, whether decision is favorable or unfavorable. Dis
putes referred to grievance procedure_______________________
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(87) Rate on individual reclassification limited to minimum of rate
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range______________________________________________________
Wage differentials_____________________________________________________
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Equal pay clauses_____________________________________________________
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(88) Principle adopted— no discrimination on basis of sex, race, color,
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creed_____________________________________________________
(89) Equal pay for equal quantity and quality of work____________
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(90) Equal pay for “ comparable” quantity and quality of work___
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(91) Women on men’s jobs to receive same piece rate as men______
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(92) Job content, not sex, determines rates________________________
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(93) No break-down of men’s jobs for establishment of sex differential.
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(94) Change from woman’s to man’s job only if majority of employees
involved assent___________________________________________
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(95) Numerical and other limitations on transfer of jobs between men
and women_______________________________________________
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(96) Dispute over equal pay principle referred to grievance procedure.
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(97) Equal pay except where unit costs are increased______________
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(98) Equal pay for women on men’s jobs after 5-day trial period___
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(99) Equal pay principle stated. Women put on men’s job paid inex
perienced man’s starting rate______________________________
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(100) Joint negotiation on rate where women do less than men on
men’s jobs________________________________________________
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(101) Differentials permitted when women replace men if all tasks not
fully performed or labor costs increased____________________
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(102) Rates of pay based on former costs of operation if change in job
content requires men to do heavy work____________________
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(103) Equal pay principle modified by 5-cent differential where less
than complete man’s job performed-----------------------------------25
(104) Equal pay principle modified by differential: men’s rate minus
half the differential between men’s and women’s plant mini
mum rate_________________________________________________
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(105) Detailed provision for pay of women on work regularly per
formed by men____________________________________________
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(106) Differential in piecework guarantee subject to equal pay princi
ple______________________________________________________ 27
(107) Sex differential on piecework operations and on guaranteed mini
mum_____________________________________________________
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(108) Different starting rates for men and women---------------------------27
(109) Different starting rates for men and women. Equal pay prin
ciple stated_______________________________________________
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(110) Different plant minimum rates for men and women_____________
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(111) Different occupational rates for men and women______________
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(112) Slower progression from hiring to job rate for women than for
men. Equal pay principle stated.„ , _ _-------28
INDEX
Equal pay clauses— Continued
(113) Smaller increments within rate range for women than for m en.
(114) Minors paid less than minimum rate for adults for 30 days.
Rate differential for boys and girls_________________________
Differentials for older and handicapped workers_________________________
(115) No wage differential on basis of age--------------------------------------(116) Minimum rate set for aged or handicapped workers---------------(117) Aged workers may set own hourly rates, subject to union ap
proval____________________________________________________
(118) Handicapped employees maybe employed at lower rates............
(119) Aged employees paid rate commensurate with work and as
agreed to by parties_______________________________________
(120) Specified wage below minimum set for handicapped workers.
Limit on proportion of such workers_______________________
(121) Transfer of handicapped worker: rate of new job if higher; if
lower, one-half difference between regular and new job rate.
(122) Employees transferred because of industrial injury paid rate of
former job for 6 months_________________________
Differentials based on product or location of plant---------------------------------(123) Gradual narrowing but not elimination of differential for branch
plants____________________________________________________
(124) Differential based on location of plants reduced_______________
(125) Ten percent less for workers in some crafts outside New York
City______________________________________________________
(126) Lower rate for workers on low-priced garments_______________
Differentials for part-time and temporary employees____________________
(127) One and one-quarter times base hourly rate for permanent parttime employees working up to 24 hours weekly. Work after
24 hours, whether overtime or regularly scheduled, paid at
base rate__________________________________________________
(128) Higher rate for employees regularly working shorter number of
hours per week____________________________________________
(129) Higher rate if working part-time less than 32 hours weekly; reg
ular rate if working 32 hours or more______________________
(130) Part-time workers paid weekly wages proportionate to regular
workweek_________________________________________________
(131) Part-time workers paid no less than job minimum____________
(132) Temporary workers paid no less than job mimimum__________
Wages paid under specified conditions__________________________________
Transfer rates_________________________________________________________
Temporary transfers___________________________________________________
(133) Temporary transfer to lower rated job— no reduction unless reg
ular job discontinuedindefinitely___________________________
(134) Transfer to lower rated job— no reduction for 60 consecutive
days______________________________________________________
(135) Temporary transfer to lower rated job: no reduction unless trans
fer due to health condition not due to job with company___
(136) Temporary transfer to lower rated job: top rate of new job or
present rate, whichever is lower, if transfer due to lack of work
or demotion; present rateif transferred at company request.
(137) Temporary transfer to higher rated job: paid higher rate___ 35
(138) Temporary transfer to higher rated j ob. Rate of highest paid j ob
for day, provided employee has worked 4 hours at the high
rate------------------------------------- --------------------------------------------
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INDEX
Temporary transfers— Continued
(139) Temporary transfer to higher rated job— higher rate if qualified.
Thirty-day limit on temporary transfers___________________
(140) Transfers at employer's request— specified rate or rate of new job
whichever is higher_________
(141) Temporary transfer— paid rate of new job if transfer not for
company's advantage_____________________________________
(142) Temporary transfer— rate of pay varies with reason for shift-.
(143) Rate of original job paid during temporary transfer to higher or
lower rated job ___________________________________________
(144) Temporary transfer to lower rated job, retains higher rate; to
higher rated job, receives higher rate______________________
(145) Temporary transfer to higher job, paid higher rate for 1 week;
temporary transfer to lower job, paid higher rate for 2 weeks..
(146) No pay cut on temporary transfer due to industrial illness____
Permanent transfers----------------------------------------------------------------------------(147) Temporary or permanent transfer at employee's request or to
avoid lay-off— paid rate of new job________________________
(148) Temporary and permanent transfer pay basis differentiated___
(149) Permanent transfer to higher rated job— paid higher rate_____
(150) Permanent transfer to higher rated job— paid minimum rate of
new job or previous rate, whichever is higher, after end of
workweek________________________________________________
(151) Transfer to higher rated job— paid working rate of job for 15 days,
then top rate. No delay if previously experienced at top rate.
(152) Permanent transfer at employee's or at company's request: joint
determination of rate applicable___________________________
(153) Transfer at management request— rate of new job or average
earnings of regular job, whichever is greater________________
(154) Permanent transfer to lower rated job: different treatment for
jobs within or outside classification group. No rate change
during week in which transfer made_______________________
(155) Transfer to lower rated job when job discontinued— no pay cut
for 1 year. Company may disregard seniority in transferring
such employee to another job paying higher rate than job on
which currently working__________________________________
(156) Permanent transfer to lower rated job for discipline or to avoid
lay-off: lower rate after 14 days____________________________
(157) Transfers to lower classification to avoid lay-off; after 1 week,
paid maximum of rate range of lower job __________________
(158) Cushioning allowance schedule when earnings permanently re
duced by transfer for specified causes______________________
(159) No pay cut when transferred at employer's request___________
(160) Transfer to higher rated job— paid old rate or mid-point of new
rate range, whichever higher. Transfer to lower rated job—
assumes same relative position in lower grade as in former
grade_____________________________________________________
(161) Permanent transfer— distinction in pay status of piece and time
workers___________________________________________________
Other transfer pay clauses______________________________________________
(162) Transfer rate— pay basis geared to skill in job to which
transferred________________________________________________
(163) Transfers: relation of job rate to rate range and automatic pro
gression_________________________________________________
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INDEX
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Other transfer pay clauses— Continued
Page
(164) Transfers: relation of job rate to rate range and merit increases.
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(165) No pay cut because of job transfer___________________________
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(166) No demotion or pay cut on transfer unless union consents, except
for transfer in lieu of lay-off_______________________________
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(167) Rate on transfer geared to jobs worked during 4-hour periods
during day________________________________________________
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(168) No rate change during week in which transfer made, except in
interdepartmental transfers________________________________
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(169) Effective date of applicable rate differs for transfers to lower and
higher paid jobs___________________________________________
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Minimum call and call-back pay_______________________________________
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Reporting or call pay_________________________________________________
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(170) Four hours’ minimum reporting pay_________________________
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(171) Four hours’ report pay. Method and time of notification given.
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(172) Eight hours’ report pay on weekdays; 4 hourson Saturday_____
(173) Four hours’ work or specified monetary amount______________
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(174) Four hours’ call-in pay at regular rate even if assigned other
work_____________________________________________________
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(175) Four hours’ pay if no work done; full day’s work if work actually
begun____________________________________________________
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(176) Four hours’ report pay if work started; 2 hours if no work avail
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able or employee refuses assignment_______________________
(177) Three hours’ pay or work in own department; otherwise, em
ployee may leave plant and receive pay-----------------------------45
(178) Four hours’ pay if employee works less than 3 hours; full day’s
pay if employee works more than 3 hours__________________
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(179) Six hours’ pay or full day’s pay if held in plant_______________
45
(180) Eight hours’ pay; 4 hours at regular rate if work not available
because of unusual circumstances--------------------------------------45
(181) Eight hours’ call pay for time workers; 5 hours for pieceworkers.
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(182) Four-hour minimum for pieceworkers if work not furnished with
in 30 minutes after reporting______________________________
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(183) Full day’s pay during season; 4 hours’ pay at other times_____
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(184) Full shift guarantee for third shift workers; 4 hours’ pay for other
shifts________________________________________
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(185) Four hours’ call pay; two hours at overtime rate for week end and
holiday calls______________________________________________
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(186) Different amount of call pay in case of general power failure—
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(187) Conditions for guaranty of 8 hours’ work for reporting or call
back. Definition of call-back_____________________________
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(188) Four hours’ pay on failure to give 10 hours’ notice not to report..
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(189) Employee requested from union office must be put to work----47
(190) Exemption for circumstances beyond employer’s control______
47
(191) Exemption for labor disputes as well as other conditions beyond
employer’s control_________________________________________
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(192) Eight hours’ report pay voided if employee intoxicated----------48
(193) Employee must accept available work or forfeit call-in pay___
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(194) Definition of substitute work for call-in pay purposes_________
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(195) Employees 1 hour late may be dismissed for day without re
ceiving minimum reporting pay____________________________
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791681—48------7
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INDEX
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Call-back pay.................................................... — -------------------------------------(196) Two hour guarantee at double time; overtime rate for work
thereafter_________________________________________________
(197) Six hours at overtime rate___________________________________
(198) Six hours at overtime rate plus 1 hour travel time______________
(199) Three hours at overtime rate________________________________
(200) Two hours’ minimum at overtime plus round trip travel time—
(201) Four hours at overtime rate plus $1 travel expense______
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(202) Four hours’ regular pay or time and one-half for time worked,
whichever is greater_______________________________________
(203) One hour overtime guarantee plus actual time worked plus travel
time___________________________
(204) Four hours’ guaranty at regular rate plus overtime pay for work
performed in excess of specified length of time_____________
(205) Four hours’ work or pay at “ applicable rate” ___________
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(206) Call-out on day off— three hours at overtime rate_______
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(207) Differential in call-back minimum between emergency and other
call-backs------------------------(208) Call-back pay starts from time call is received________________
(209) Call-back during same workday— paid for lapsed time at regu
lar rate, provided reports within 2 hours----------------------------(210) Three hours’ pay at basic hourly rate; if call-out within 2% hours
of start of employee’s next shift, time and one-half till regular
starting time--------------------------------------------------------------------(211) Call-back pay not applicable if employee notified before end of
regular shift of recall______________________________________
(212) Call-back pay provided unless ruled illegal by supreme court. .
Waiting and stand-by time------ -------(213) Pay continues during waiting time beyond employee’s control. .
(214) Pay at base rate for waiting time____________________________
(215) Pay at day rate for waiting time over 15 minutes____________
(216) Waiting time allowance only after specified time if due to power
or mechanical break-down_________________________________
(217) Day workers paid at straight time hourly rate. Incentive work
ers 120 percent of base rate_______________________________
(218) Waiting time pay after 12 minutes. Company may change work,
lunch, or rest periods in emergencies_______________________
(219) Pieceworkers paid average hourly rate for waiting time. Fore
man must be notified immediately of lack of work__________
(220) Pieceworkers paid guaranteed rate for waiting time exceeding 10
consecutive minutes----------------------------------------------------------(221) Pieceworkers paid earnings for waiting time exceding 15 minutes.
Employee must notify foreman when work not available___
(222) Average earnings paid for machine repair if machine breaks
down; 10 percent below average earnings paid for other assign
ment_____________________________________________________
(223) Regular waiting time pay not applicable to normal work inter
ruptions__________________________________________________
(224) Waiting time pay not applicable in case of power failure______
(225) Excessive waiting time within company control may be taken up
as grievance____________________________________
(226) Stand-by pay: Minimum of 6 hours at 25 percent of straight
time rates_______ ___________
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INDEX
Waiting and stand-by time— Continued
(227) Stand-by pay: 2 hours on weekdays; 3 hours on week-ends and
holidays---------------------------------------------------------------------------(228) Two hours’ stand-by pay for each 16 hours on weekdays and for
each 12 hours’ on week-ends and holidays__________________
(229) Guaranteed semimonthly wage for being available for work at
any time__________________________________________________
Supplements to Basic Wage Rates______________________________________
Premium pay for dangerous or special work------------------------------------------(230) Time and one-half rate for unhealthful work_________________
(231) Graduated penalty rate for “ dirty work” _____________________
(232) Ten percent premium while ship carries explosives____________
(233) Differential paid when required to wear respirator____________
(234) Two days’ annual premium to fire crews_____________________
(235) Minimum daily bonus for cleaning dirty places_______________
(236) Premium for work above specified height_____________________
(237) Pay for pilots based on speed and time of day-----------------------(238) Premium for instruction of students--------------------------------------(239) Premium for starters on elevators------- ---------------------------------(240) Leadmen paid 10 cents above highest rated classification super
vised_____________________________________________________
(241) Alternative methods of payment for crew chiefs and leadmen—_
(242) Detailed provision for payment of group leaders and set-up men_
(243) Combination jobs— pay at rate of highest paid classification__
(244) Combination jobs— pay at rate of highest paid classification af
ter 6 months’ trial period. Higher rate retroactive_________
(245) Combination jobs— pay at rate of highest paid operation if
worked 20 percent of time_________________________________
(246) Combination jobs— composite rate of two highest paid opera
tions____________________________________________
(247) Combination jobs— highest rate or average rate paid depending
on percent of time spent on higher rated job _______________
(248) Combination jobs— highest rate if 60 percent of time spent on
one operation; otherwise prorated over all operation-----------(249) Combination jobs— average of jobs worked___________________
(250) Combination jobs—weighted average of jobs plus 10 “percent or
rate for highest rated job __________________________________
(251) Combination jobs— applicable rate paid for time spent on each
job _______________________________________________________
(252) Five percent premium for developmental or experimental work(253) Samples, single pairs, and trials______________________________
(254) Time and one-half for operating snow equipment_____________
(255) Special day rate for inventory work. Rate jointly determined(256) Intercity bus drivers paid for excess miles caused by detours. .
(257) Wage scale for waiters serving special meals set by mutual agree
ment______________________________________________________
(258) Pay of absent members of crew divided among other members.
(259) Division of wages of absent crew member—maritime industry.
(260) Double time pay for simultaneous A. M. and F. M. broadcast-.
(261) Transportation, pay, room and board to sailors whose ship is lost
or interned____________________________________
(262) Incentive adjustment to compensate for heat during summer
months_____________________________________
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INDEX
Page
Pay for nonoccupational activities______________________________________
(263) Regular pay and expenses for necessary court attendance in com
pany’s behalf. Workers’ or court fees assigned to company. _
(264) Full pay at regular rate for jury service; jury fees not deducted.
(265) Full pay at regular rates for jury service; jury fees turned in to
company__________________________________________________
(266) Paid difference between jury pay and regular pay for 2 weeks. _
(267) Service on election boards__________________________
(268) Pay for time spent at company meetings. Two hours’ pay for
meetings on day off_______________________________________
(269) Pay for meetings on merchandising and selling_______________
(270) Pay for time during physical examination, including travel time
and expense_______________________________________________
(271) One or two hours’ pay for physical examination time_________
(272) Pay for balance of shift if injured on job_____________________
Monetary allowances for expenses related to work_______
(273) Automobile expense allowance— fixed amount per mile________
(274) Auto expense allowance— fixed amount per mile plus percentage
bonus to cover unusual war conditions_____________________
(275) Auto expense allowance— fixed amount per mile or weekly mini
mum, whichever is higher. Allowance geared to weekly mile
age schedule for named classifications______________________
(276) Company pays cost of employee telephone installed at its re
quest_____________________________________________________
(277) Company pays cost of pre-placement physical examination___
(278) Weekly allowance when employee furnishes work clothes. Laun
dering by company________________________________________
(279) Employees paid if furnish own uniform_______________________
(280) Part of cost of laundering certain garments___________________
(281) Fixed allowances for necessary tire changing and reimbursement
for repairs or cleaning of uniform due to mechanical work__
(282) Premiums where bonds or insurance required_________________
(283) Necessary license fees________________________________________
(284) Compensation up to set maximum for loss of clothing due to
shipwreck_________________________________________________
(285) Company furnishes insurance to cover loss to personal property.
(286) Reimbursement for clothing damaged despite company-fur
nished protective clothing_________________________________
(287) Reimbursement for loss of personal property not due to em
ployee’s negligence. Maximum employer liability_________
(288) Compensation up to certain fixed amount for loss of tools_____
(289) Reimbursement for damages to auto while on company busi
ness______________________________________________________
(290) Company to pay for lodging and fixed amounts for meals_____
(291) Out of town work— pay for travel time plus expenses. Travel
on overtime days paid at overtime rate------------------------------(292) Out of town work— transportation, meals, per diem and laundry
allowance. On work within daily connecting distance, receive
transportation, 10 hours’ pay for 8 hours’ work, and lunch
money____________________________________________________
(293) Per diem allowances for “ on the road” workers in addition to
traveling expenses_________________________________________
(294) Transportation costs for transfers out of home district-----------
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INDEX
Monetary allowances for expenses related to work— Continued
(295) Employer pays transportation expenses of employee and family
where transferred to another city__________________________
(296) Transportation for work outside city limits___________________
(297) Employer to pay fare exceeding 20 cents. ____________________
(298) Specified meal and room allowances in lieu of board and lodging_
(299) Pay for time to secure medical treatment if injured on jo b ____
Non-monetary allowances______________________________________________
(300) Employer to furnish, clean, launder and maintain uniforms,
linen and tools____________________________________________
(301) Company to furnish necessary protective clothing; gloves fur
nished at half-price________________________________________
(302) Company to replace worn out uniforms under specified condi
tions_____________________________________________________
(303) Uniforms furnished by employer become employee's property
after 6 months____________________________________________
(304) Employer furnishes tools and safety equipment_______________
(305) Company to furnish specified tools; replace others____________
(306) Employees to receive meals as part of compensation__________
(307) Subsistence, quarters, maintenance and cure furnished mari
time workers______________________________________________
(308) Company furnishes soap for personal use and for washing clothes
(on company time)________________________________________
(309) Discount on company goods____________________________
(310) Employee may take home specified amount of bakery products(311) Employee purchases at cost price------------------------------------------(312) Free transportation on company lines________________________
Deductions from wages________________________________________________
(313) No fines for any cause_______________________________________
(314) Deductions prohibited unless agreed to by unions____________
(315) No deductions for damaged products------------------------------------(316) Deductions allowed for damages under certain conditions_____
(317) No deductions for accidental damage________________________
(318) No deduction for defective work unless union committee and
management agree on employee's responsibility____________
(319) No deductions for damages unless wilful neglect shown_______
(320) Damages charged only as necessary to prevent carelessness; dis
putes grievable____________________________________________
(321) No deductions for cash shortage until employee checks cash reg
ister______________________________________________________
(322) Deductions allowed for damages_____________________________
(323) Deductions allowed for impurities____________________________
(324) Employee responsible for loss of tool checks or employee badges.
(325) Deductions allowed for tardiness_____________________________
(326) Deductions allowed for group insurance premiums and long dis
tance calls________________________________________________
(327) Specified deductions and amounts listed______________________
(328) Pay-roll deductions if required by law or with employee's con
sent______________________________________________________
Retroactivity of wage increases or adjustments--------------------------------------(329) Retroactive pay to employees no longer in service____________
(330) Retroactive pay provided on pay roll 15 days during period of
retroactivity__________________________________________ - ___
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INDEX
Retroactivity of wage increases or adjustments— Continued
Page
(331) Part of wage increase made retroactive. Employees entering
military service and laid-off employees entitled to retroactive
pay......... ..................................................................................
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(332) No retroactive pay to specified employees____________________
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(333) Computation of retroactive pay: Amount of increase times ac
tual hours worked during specified period__________________
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(334) Settlement of wage grievance retroactive to date submitted to
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industrial relations department____________________________
(335) Time limit on retroactive pay period for future wage adjust
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ments____________________________________________________
(336) Ninety-day limit on retroactivity of rates finally established on
new or changed jobs_______________________________________
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Period and form of wage payment______________________________________
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P a y d a y --------------------76
(337) Workers employed daily, paid daily---------------------------------------76
(338) Weekly pay period---------------------------------------------------------------76
(339) Weekly pay day unless present practice otherwise------------------76
(340) Biweekly pay period-------------------------------------------------------------76
(341) Temporary employees paid daily; others paid weekly on com
pany time----------------77
(342) Pay day advanced in event of holiday-----------------------------------77
(343) Waiting time penalty if employees not paid promptly------------77
(344) No work for employer permitted until wages paid in full______
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(345) Workers may stop work if not paid promptly_________________
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(346) Daily payment of wages required for special reasons--------------77
(347) Employer to furnish security if fails to pay wages for 1 week. _
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(348) General limitation on amount of pay withheld-----------------------77
(349) One day hold-back__________________________________________
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(350) Five-day hold-back; employees terminated or quitting paid as
soon as possible___________________________________________
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(351) Terminated employees paid off immediately--------------------------78
(352) Terminated employees paid off immediately; employee who
quits, within 72 hours_____________________________________
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(353) Terminated employees paid off immediately; employees who
quit, on regular pay day___________________________________
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(354) Time specified for payment of each shift--------------------------------78
(355) Pay day on company time----------------------78
(356) Wages to be paid within 30 minutes after close of pay day____
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(357) Provision for employees in field to be paid on regular pay d a y -78
(358) Advance of up to 80 hours' pay possible--------------79
(359) Errors in pay corrected within 3 days_............ ............
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Methods of paying wages----------------------------------------------------------------------79
(360) Wages paid in cash------------------------------80
(361) Wages paid in cash or other legal tender-------------------------------80
(362) Wages paid in cash or check..................
80
(363) Wages paid by check------------------------------------------80
(364) Check cashing facilities furnished____________________________
80
(365) Company will pay bank charges for cashing pay checks----------80
(366) Specified addition to pay checks to cover check cashing charges.
80
(367) Scrip prohibited----------------------80
(368) Method of payment at company discretion----------------------------80
(369) Employer may switch to payment by check if he determines it
safer for workers.Disputes arbitrable----------------------------------81
INDEX
Method of paying wages— Continued
(370) Pay given on company time--------------------------------------------------(371) Pay given on company time. No pay for waiting time_______
(372) Pay on job. Provisions made if employee not on job when pay
distributed________________________________________________
(373) Pay envelope to contain details of wage payment_____________
(374) Employer failing to pay wages earned must post wage surety
bond_____________________________________________________
(375) Penalty equivalent to expenses incurred in collecting wages due
if employer has insufficient funds to honor pay checks______
(376) Employer failing to pay wages pays penalty and loses right to
pay by check--------------------------------------------------------------------Wage information furnished to union___________________________________
(377) Company to provide union with list of rates, etc______________
(378) Union furnished job descriptions, classes and job evaluation fac
tors_______________________________________________________
(379) Detailed wage statement furnished to employee by employer. _
(380) Union furnished with rates and earnings by pay periods______
(381) Employment and social security records available to union____
(382) Union committee may inspect pay checks before issuance; may
request pay-roll check-up by U. S. Labor Department ap
pointee___________________________________________________
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