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COLLECTIVE BARGAINING PROVISIONS
Union-Management Cooperation,
Plant Efficiency, and Technological Change

Bulletin No. 90 8 -1 0
UNITED STATES DEPARTMENT OF LABOR
Maurice J. T obin , Secretary
BU REAU O F LABO R STATISTICS
Ewan Clague, Com m issioner

For sale by the Superintendent of Documents, U . S. Government Printing Office
Washington 25, D. C. — Price 20 cents




Letter of Transmittal

U nited States D epartment of L abor,
B ureau of L abor Statistics ,

Washington 25, D. C., October 18, 1948.
The Secretary of L abor:

I have the honor to transmit herewith the tenth bulletin in the series on
collective bargaining provisions. The bulletin deals with union-management
cooperation, plant’efficiency, and technological change, and is based on an
examination of collective bargaining agreements on file in the Bureau. This
bulletin was prepared by and under the direction of Abraham Weiss, with
the assistance of Dorothy R. Kittner, of the Bureau’s Division of Industrial
Relations, Boris Stern, Chief.
E w an Clague, Commissioner.
Hon. M aurice J. T obin ,
Secretary of Labor.

ii



Preface
As early as 1902 the Bureau of Labor Statistics, then the
Bureau of Labor in the Department of the Interior, recognized
the growing importance o f collective bargaining, and published
verbatim the bituminous-coal mining agreement of 1902 between
the Associations o f Coal Mine Operators of Pennsylvania, Ohio,
Indiana, and Illinois and the respective districts o f the United
Mine Workers o f America. Since 1912 the Bureau has made a
systematic effort to collect agreements between labor and manage­
ment in the leading industries and has from time to time published
some o f those agreements in full or in summary 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 bargaining has followed a more or less estab­
lished 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 follow­
ing the enactment of the National Labor Relations A ct 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 o f collective agreements covering
industries hitherto not included under collective bargaining, but
also extended the scope and area of bargaining in individual in­
dustries. In recognition o f this development, the Bureau’s 1942
report on union agreements (Bulletin No. 686) dealt with provi­
sions and clauses on particular labor-management problems rather
than with the agreements o f each union or industry separately.
The substance and character o f collective bargaining agree­
ments change continuously, and many of the clauses and provi­
sions covered in Bulletin No. 686 underwent significant changes
during the war emergency, as a result not only o f the normal
processes o f collective bargaining but of the decisions of the
National War Labor Board. New problems meant new clauses




iii

IV,

PREFACE

and new provisions. The Board also gave added impetus to certain
form s of union security, and to certain practices, now deeply im­
bedded in the entire field of labor-management relations.
The liquidation of the Board, and the renewal o f emphasis on
free collective bargaining after VJ-day, led to a tremendous in­
crease in the demand for information on specific current provi­
sions in agreements. Urgent requests came from employers and
unions, from the United States Conciliation Service, and from
mediators and arbitrators engaged in settling or preventing labormanagement 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 ) Accumulation of data has made possible the use o f a larger
sample than was possible heretofore. (2) The information will
be presented in a series o f small bulletins, each stressing a m ajor
area or significant problem of collective bargaining. This will
permit the material for each major problem to be published as
rapidly as finished without waiting until all of the subjects of
collective bargaining are analyzed. It will have the advantage of
greater flexibility in handling specific requests for material from
employers, unions, and the public. Some clauses are more or less
stable and undergo relatively minor changes even over a con­
siderable period o f time and therefore need only occasional re­
vision, 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 bar­
gaining 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
o f each clause, is appended to each report.
This report, dealing with union-management cooperation, plant
efficiency, and technological change, is the tenth in this Collective
Bargaining Provisions series. The bulletins already published are
as follow s:
No. 908 Union Security Provisions.
No. 908-2 Vacations; Holidays and Week-End Work.



PREFACE

V

No. 908-3 Incentive Wage Provisions; Time Studies and
Standards of Production.
No. 908-4 Apprentices and Learners.
No. 908-5 Discharge, Discipline and Quits; and Dismissal
Pay Provisions.
No. 908-6 Leave o f Absence; Military Service Leave.
No. 908-7 Promotion, Transfer, and Assignment; Lay-Off,
Work-Sharing, and Reemployment.
No. 908-8 General Wage Provisions.
No. 908-9 Wage Adjustment Plans.




Contents
U n io n -M an agem en t C o operation , P l a n t E fficien cy , and
T ech nolog ical C h ange
Page

Introduction ......................................................................................................
Plant efficiency and union-management cooperation .................................
Management responsibility for efficiency: Clauses 1 - 4 .....................
Union and employee responsibility and pledges of cooperation:
Clauses 5 - 5 3 ..........................................................................................
Joint union-management responsibility and cooperation...................
Joint production committees: Clauses 54-58 ...............................
Joint suggestion committees: Clauses 59-61 ...............................
Joint safety committees: Clauses 62-67 .....................................
Joint employment stabilization committees: Clauses 6 8 -7 0 ....
Multipurpose joint committees: Clauses 7 1 -7 9 .............................
General purpose joint committees: Clauses 80-85 .......................
Other cooperative committees: Clauses 86-94 .........................
Technological changes ....................................................................................
Management right to introduce technological changes: Clauses
95-108 ....................................................................................................
Prohibition or restriction of technological change: Clauses 109-115
Union participation in technological changes: Clauses 116-132 . . .
Rates and work loads on jobs affected by technological changes:
Clauses 133-144 .............................................................................
Minimizing effects of technological chan ges........................................
No dismissal of employees affected: Clauses 145-146 ...............
Maintenance of previous earnings: Clauses 147-148 .................
Priority in transfer to new machines: Clauses 149-153 ...........
Preference in vacancies to displaced employees: Clauses 154159 ..................................................................................................
Dismissal pay: Clauses 160-161 ....................................................
Other safeguards: Clauses 162-163 ....................................
Index ................................... , , , , , , , , ...............................................................

vi



1
2
2
3
13
13
15
16
21
22
27
28
33
34
36
38
43
48
48
48
49
50
51
52
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Bulletin N o. 908-10 o f the
United States Bureau o f Labor Statistics

Collective Bargaining Provisions
Union-Management Cooperation, Plant Efficiency, and
Technological Change
Introduction
In most instances, the parties to a union agreement rely upon
sound collective bargaining and the development o f an effective
procedure for settling employee grievances to produce harmonious
labor relations, and thereby increase production and plant effi­
ciency. Less frequently, one or both of the parties pledge coopera­
tion in specific activities designed to achieve efficient, low-cost
production. Such cooperation may be informal, or may function
through a joint committee. Agreements rarely contain detailed
plans for effectuating such cooperation.
Union-management cooperation connotes an active policy on
the part of unions in cooperating with management under a col­
lective bargaining relationship for the purpose of promoting the
common interest o f both management and the workers in the
plant or industry. It usually involves participation by labor and
management through joint committees in the elimination of waste­
ful methods o f operation and plant inefficiency in general; in the
introduction o f new machinery or processes; in the formulation
o f programs to stimulate sales; in improving the competitive posi­
tion o f the plant. Less frequently it may involve the loan of union
funds to the company, the services of union specialists in pro­
duction problems, or collaboration for legislation favorable to the
industry. Some cooperation clauses are general, providing for
joint discussion o f mutual problems outside the scope of the
grievance procedure. Others reflect some particular facet o f a
production, manpower, or allied problem.
Union-management cooperation in improving productive effi­
ciency is predicated on acceptance by the employer o f the principle
that the workers' jobs, earnings, and standards o f working con­
ditions will be safeguarded. Through such cooperation unions
and employers attempted to remove from the sphere of collective
bargaining opposition to technological change, by providing an
opportunity for the workers to share in any resulting economies.



1

2

COLLECTIVE BARGAINING PROVISIONS

Plant Efficiency and Union-Management Cooperation
M A N A G E M E N T R ESPONSIBILITY FOR EFFICIEN C Y

Provisions in union agreements dealing with plant efficiency
may be directed chiefly or solely toward insuring management
efficiency. This is most prevalent in plants operating under a
piecework or incentive system where workers bear much o f the
burden o f inefficiency. The earnings o f pieceworkers are affected
adversely by obsolete machinery and equipment; by inefficient
routing o f work and delays due to waiting for materials or ma­
chine repairs. Some union agreements therefore specifically make
the employer responsible for maintaining modern and efficient
working equipment and for providing adequate facilities and
supervision.
1. Employer to Install Newest Machines
Members of the [association] shall install in all their shops the newest type
of pressing machines and steam irons; and all irons must have attached to
them the necessary springs.
2. Employer to Furnish Adequate Machinery, Working Room, and Supervision. Damages Assessed for Noncompliance. Employment of Manage­
ment and Production Specialists Provided
Each member of the association shall furnish all workers with sewing
machines, driven by electric power, and with all materials and requisites of
work. The shop shall be operated by him at all times in an efficient and wellordered manner; machinery and equipment shall be maintained in good
working condition; the premises shall be kept clean, shall be properly lighted
and well ventilated, and adequate working room shall be provided for all
workers. There shall be provided to the workers in the shop a sufficient
amount of supervision and adequate floor service to perform the intermediate
functions so as to obtain an uninterrupted flow of work and to enable the
workers of each craft to devote their full time exclusively to the work of
their craft. Work shall not be given into the machines or routed through the
shop in such manner as to keep workers waiting at their machines or work
tables, or otherwise waste workers’ time. Each member of the association
shall plan and organize his production so as to secure for the workers the
maximum period of continuous employment.
Each member of the association shall be bound by the rules and regulations
heretofore or hereafter adopted by the parties hereto or promulgated by the
impartial chairman to effectuate the above provision. If a member of the
association shall fail or refuse to comply with any such rule or regulation,
the union and the association shall, in the first instance, jointly investigate



PLANT EFFICIENCY AND UNION-MANAGEMENT COOPERATION

3

any complaint made thereunder by the union and attempt an adjustment
thereof. Upon their failure to agree, the matter shall be referred to the
impartial chairman who shall decide the same upon the merits of the case,
and shall determine the procedure to be followed by the member of the
association in his shop to effectuate the above provision.
For failure or refusal by a member of the association to carry out the
adjustment reached by the association and the union or the impartial chair­
man’s decision, the impartial chairman shall assess damages against the
defaulting member, which shall be based upon the nature and extent of the
member’s violation.
All such damages shall be turned over to the impartial chairman and
kept by him in a special trust fund to be used towards the operation and
maintenance of the special department attached to the impartial chairman’s
office to effectuate the standards above set forth.
The rules and regulations may be amended every 6 months by agreement
with the parties hereto, or, upon their failure to agree, by the impartial
chairman.
The parties hereto agree that the administrative board under the direction
of the impartial chairman shall establish a special department to be attached
to his office, composed of a sufficient number of competent persons who are
qualified by experience and training in problems relating to management
and production. They shall counsel and advise and render such other assist­
ance to individual members of the association which will aid and facilitate
their efforts to effectuate the standards above set forth. The special depart­
ment shall be financed by the funds of the * * *, as provided in paragraph 8
[sales promotion] hereinafter set forth.
3. Maintenance of Sufficient Tool Cribs to Avoid Undue Waiting
Sufficient tool cribs shall be maintained to reasonably permit employees
to get their tools without undue waiting. Wherever practicable tools including
acetylene and gas torches furnished by the company for production will
remain on the? line between shifts and over week ends and holidays.
4. Improper Distribution of Unfinished Work, 'Resulting in Bottleneck, Not
Permitted
No employee shall be permitted to have an excess of unfinished work
while other operators capable of performing the required operation are idle,
and a bottleneck with loss in production is resulting.
U N IO N AND E M P L O Y E E R ESPONSIBILITY AN D PLEDGES O F COOPERATION

A number of agreements enlist the active support and coopera­
tion of the union (and its members) in the maintenance and
improvement of production and allied activities. Most of these
union pledges are aimed at the elimination of plant inefficiency.
Others are broader and reflect concern for the welfare of the
industry as a whole. The union may assume certain specific re­
sponsibilities, such as: to prevent or not to condone restrictions
on output; to correct inefficiencies of its members; to uphold
company rules; to combat absenteeism; to conduct sales cam816913—49------2




4

COLLECTIVE BARGAINING PROVISIONS

paigns; to maintain plant safety and sanitation. The responsibility
may be phrased in more general terms— the achievement of lowcost and efficient operations; the maintenance of profitable and
productive efficiency; furtherance of the employer’s interest. The
union may also agree to cooperate in other acts not directly affect­
ing production and efficiency, such as the prevention of theft or
sabotage; protection o f company property; public relations; etc.
5. General Recognition of Need for Cooperation
The company and the union jointly and publicly recognize that only by
the establishment of cooperative and harmonious working relationships
between the management and employees of the company, can full efficiency
and economy of operation be achieved and the quality of products be main­
tained; and therefore both pledge themselves jointly to do all in their power
to establish and maintain such a relationship.
6. Statement of Rationale for Pledges of Cooperation
The company agrees to continue the present practice of sincerely accepting
the union as a legitimate factor in the success of the company’s business
and the union agrees, at all times, as far as lies in its power to further the
interests of the company.
The company agrees that it will, at all times, be fair and just to its
employees and to the union and the latter agrees that the company shall
receive their full cooperation in maintaining operating efficiency.
The parties to this agreement regard their mutual cooperation as the
mature effect of collective bargaining, realizing that it will promote condi­
tions conducive to a higher standard of living, safe, better, and more health­
ful working conditions, security and continuity of employment for the
employees.
The union recognizes that the wage scale and working conditions herein
provided for are substantially above those prevailing in the * * * industry
and that the maintenance .thereof requires improved production and the
greatest degree of efficiency on the part of the employees; therefore, the
union agrees to cooperate with the company’s representatives and supervisors
toward obtaining the greatest amount of production and efficiency in the
company’s operations.
7. Detailed Pledge by Union for Itself and Its Members: Efficiency, Produc­
tion, Quality, Conservation
,
Recognizing that the welfare of its employees and their opportunities to
earn a living depend upon the success and prosperity of the company and
further recognizing that the various wage increases provided for in this
agreement are of a substantial nature, the union hereby pledges for itself
and all its members—the employees of the company—that they will perform
their work effectively and efficiently to the best of their ability, and will
cooperate in the introduction or installation of such processes, machinery,
changes in or introduction of new methods of operation, incentive pay plans
or systems, and job classification and evaluation plans or systems as the
company may introduce or put into effect for the purpose of better and
more efficient operation to the end that the company may increase production




PLANT EFFICIENCY AND UNION-MANAGEMENT COOPERATION

5

and reduce costs so that the company may adequately meet competitive con­
ditions, and maintain employment * * *.
The union further pledges for itself and its members that they will fully
cooperate in the following: The reduction of shrinkages of all kinds; in
the saving of materials, tools, machinery, equipment and all company prop­
erty by means of careful handling and use; in minimizing breakage and
losses of any kind caused by careless handling; in maintaining a high
standard of quality in all products through efficient and careful workman­
ship; in aiding in the enforcement of all factory rules, regulations, safety
and health measures; and in cooperation to the best interests of the union
and the company.
8. Union Pledge on Productivity, Economy, and Use of Machinery
In ratifying this agreement, the local union recognizes that a high level
of wages can be maintained only by maintaining a high level of productivity.
The union and its members will cooperate in attaining such a level of
productivity as is consistent with the health and welfare of the employees.
The union and its members will seek to assist in effectuating economies and
the utilization of improved methods of machinery.
9. Cooperation in Working Out Production Problems to Meet Competition
The union agrees on behalf of its members employed by the firm to 'cooper­
ate with the firm in working out all necessary production problems needed
to enable the firm to produce merchandise of the type and price necessary
to meet competition and to give all possible aid to the firm that it may hold
all present customers and increase its accounts.
10. Union to Submit Written Recommendations on Efficiency and Production
The union agrees to submit in writing from time to time recommendations
for improving the efficiency and increasing the production of the plant.
11. Cooperation on Productivity: Specific Rules Listed
The union recognizes that a high level of productivity must be maintained
in order for the company to pay this high level of wages.
The union and its members will cooperate in the following in order that
the company may attain a high level of productivity: .
(1) A fair day’s work from all employees of the plant measured on the
basis of established standards.
(2) Good attendance.
(3) Smoking and cafeteria privileges must not be abused.
(4) Cooperation between employees working different shifts so that
there is a minimum of lost time when shifts change.
(5) Careful and proper handling of all materials to prevent waste.
(6) Adherence to all safety rules and regulations to eliminate lost-time
accidents.
12. Union to Educate Members on Need for Methods of Increasing Pro­
duction
The union recognizes the need for improved methods and increased output
to make goods available at lower costs and agrees to cooperate with the
company in suggesting and introducing methods for increasing production,
and in educating its members on the needs of such methods, changes, and
improvements.



6

COLLECTIVE BARGAINING PROVISIONS

13. Maintenance of Profitable and Productive Efficiency
The union agrees on behalf of its members employed by the firm to do
its utmost to promote harmony and cooperation among its members to the
end that profitable and productive efficiency shall be maintained in the shop,
or shops of the firm at all times during the effective life of this agreement.
14. Union Cooperation on Efficiency in Recognition of Wage Increase
It is the intent of the union and the company to secure and maintain
reasonable maximum production during the term of this agreement. In return
to the company for the wage increase provided through these negotiations
and recognizing the fact that [company] average hourly earnings are among
the highest in the * * * industry, the union promises to cooperate with the
company in achieving the highest level of employment and employee efficiency
and performance.
15. Union Cooperation on Productivity Subject to Arbitration on Work Load
Disputes
The employer and the union agree to cooperate to reduce absenteeism, to
discourage loafing, to prevent waste and destruction, to. eliminate frivolous
grievances, and to enforce agreements.
The union agrees that all employees shall give their time and attention
during working hours to the work of the company, and there shall be no
solicitation of membership or collection of dues during working hours.
Consistent with the principle of a fair day’s work for a fair day’s pay,
the union agrees to cooperate with management in its effort to increase
employee effectiveness and productivity, provided that disputes concerning
proper work-load assignments and proper compensation for increased pro­
ductivity shall be subject to the grievance procedure of this contract, includ­
ing arbitration. Any changes in compensation agreed to under this clause
or established in arbitration shall take into consideration, in addition to
increased productivity, the question as to whether the original work assign­
ment constituted a normal day’s work.
16. Union and Employees to Cooperate to Assure uFair Day's Work"
It is understood that this fair day’s work shall be expected from and
given by the employees. The employees and the union will cooperate with the
company in the maintenance of such standards.
17. Listing of Actions Contrary to Principle of Full Day's Work
The union agrees that every employee shall perform a full day’s work and
further agrees that:
(а) The setting of arbitrary restrictions on production output by work­
ers, or
(б) The action of one or more union members in influencing or attempt­
ing to influence others to restrict their production, or
(c) The limitation of production during study of new piecework prices
for the purpose or with the result of setting an inflated rate, or
(d) Any other action or inaction intended for the purpose of or having
the result of causing piece rates to be set as to yield in earnings
a higher amount than the average agreed upon between the parties
as the fair yield, are each contrary to the principle of a full day’s
work.



PLANT EFFICIENCY AND UNION-MANAGEMENT COOPERATION

7

18. Union Stewards to Discourage Practices Contrary to Efficient Operation
The union through its stewards will cooperate with the employer in the
maintenance of employer’s work standards and regulations, and discourage
any operational practices which are contrary to efficient operation.
19. No Union Sanction to Restriction of Output
The union agrees that it will not sanction or condone the restriction of
output of any employee below the performance of a reasonable day’s work.
20. No Limitation on Production; Abuses to Grievance Procedure
It is agreed that there shall be no limitation on production of any of the
employees nor shall the output of any machinery be restricted. In the event
there is an abuse by either party of the foregoing provisions, the same shall
be treated as a grievance and handled as such.
21. Union in Default on Pledge to Cooperate; Subject to Grievance Procedure
In order to further effectuate the purposes set forth in the preamble of
this agreement, the union agrees that it will cooperate when called upon
to do so by the company, and will aid in any manner whatsoever with the
company’s efforts to assure a full day’s work on the part of its members, to
aid in combating absenteeism and any other practices which restrict produc­
tion, to eliminate waste in production, to conserve materials and supplies, to
prevent accidents, and to improve the quality of workmanship; and in the
event that the union interferes or fails or refuses to cooperate when called
upon, the union may be considered to be in default under this agreement and
subject to the grievance procedure set forth herein.
22. Union Support of Increased Productivity; Union to Discipline on Em­
ployer Complaint
It is recognized mutually by the union and the company that increased
wages must be offset by increased productivity* in order that the company
may be kept in such a competitive position to enable it to provide the em­
ployees with high wages and an improved plane of living. The employer
agrees to strive for the greatest economy of operation. The employees,
individually, agree to strive through their best efforts to increase their
productivity. The union agrees to do everything within its power to enforce
its rules and regulations and, through advice, instruction and example, to
maintain the highest standard of work. The union further agrees to take
the necessary disciplinary measures where justified complaints are made by
the employer against an employee,
23. Union Actively to Combat Slow-Downs
The union recognizes that its ultimate security is dependent upon the
continued and increasing success of the company in a highly competitive
field. The union, therefore, agrees that it will sustain the company in its
efforts to increase employee productivity through such means as work sim­
plification, employee transfer or assignment to maintain production, and
improved machine efficiency. Furthermore, the union will actively combat
indications of employee slow-down or interference with company efforts to
increase productivity.



8

COLLECTIVE BARGAINING PROVISIONS

24. Cooperation in Maintaining Production Standards
The union will cooperate with fellow employees and the company in obtain­
ing faithful and diligent effort and will cooperate in the maintenance of
reasonable standards of performance.
25. Loafing or Part-Time Work Not to Be Defended
The union recognizes and agrees that efficient operation is essential to the
well being of all concerned and that they will not attempt to defend loafing,
part-time work or other conditions which interfere with the success of the
business and place the welfare of employees and company alike in jeopardy.
26. Union Aid in Correction of Inefficiencies of Members
The union agrees to cooperate fully with the employer to endeavor to
correct inefficiencies of members which might otherwise necessitate disci­
plinary action or dismissal from the service.
27. Definition of Elimination of Waste and Increase in Efficiency of Pro­
duction
It is agreed that all employees shall make an honest and conscientious
effort to eliminate waste and increase the efficiency and production. Elimina­
tion of waste, among other things, specifically means reducing broke, care of
equipment, minimum amount of time wasted and careful and economical use
of materials. It is further agreed that a constant increase in the efficiency
of production is necessary to the healthful growth of the company and to
maintain a proper competitive position of the company throughout the in­
dustry. Increase in efficiency of production means, among other things,
cooperative effort toward finding easier, better, and faster ways of perform­
ing operations and the ready acceptance of higher production standards due
to the improvements of the operation or methods.
28. Improved Performance Not to Affect Employee Earnings Adversely
The union agrees to cooperate with the company in achieving the unions
promise of full worker productivity in order to meet production schedules
established by the company. The company agrees that the unions promise
of improved individual performance will have no adverse effect on the earn­
ings attained through such worker productivity. The company recognizes the
need for reasonable periods of relief and shall cooperate accordingly.
29. Union Will Not Seek to Place Company in Unfavorable Competitive
Position
The union recognizes that competitive costs are of vital importance to
running the mill steadily and furnishing regular employment and it will not
seek to place the company in an unfavorable competitive position.
30. Union to Combat Absenteeism and Other Practices Curtailing Production
The union agrees to cooperate with the company and support the company’s
efforts to assure a full day’s work on the part of employees whom it repre­
sents, and to combat actively absenteeism and other practices which curtail
production, to support the company in its efforts to eliminate waste and




PLANT EFFICIENCY AND UNION-MANAGEMENT COOPERATION

9

inefficiency, to improve the quality of workmanship, to prevent accidents and
to promote good will between the company and its employees.
31. Employees Not Cooperating in the Introduction or Operation of New
Equipment May Be Transferred to Lower Wage Classifications
Employees failing to meet properly set standards of production or quality
or failing to satisfactorily handle the work on the job to which they have
been regularly assigned (unless due to causes beyond their control or the
standard is in dispute), or employees not cooperating in the introduction
and operation of new equipment or new production methods, may be trans­
ferred to lower wage classifications or otherwise disciplined but shall have
the right to have such penalty reviewed in accordance with the grievance
procedure.
32. Employees to Assist Understaffed Departments, Subject to Appeal I f
Abused
The company and the unions recognize their joint responsibility to keep
each department of the plant operating efficiently and fully-manned. To this
end, the union agrees that employees should make every reasonable effort
to keep their departments staffed, and in emergency conditions, to assist in
other departments that are temporarily understaffed. The union reserves the
right to make an issue out of any case in which any abuse o f this section
Is claimed to exist.
33. Promotion of Welfare of Industry and Efficiency of Employer
The union shall cooperate with the employer to promote the welfare of
the industry and the efficiency of the factory operations of the employer.
The union further agrees that the terms of this agreement shall be binding
on the international union and the local union to which the employees of the
employer belong, and on each and every member of said local union who is
now or who shall hereafter become a member thereof, provided, however, that
no individual employee or member of the union shall be held financially
liable under the provisions of this agreement.
N ote : This is an association agreement.

34. Union Pledge to Further Employer's Interest
The union agrees at all times as far as within its power, to further the
interests of the employer.
35. Union Publicity in Company's Behalf
The union hereby pledges itself and its members to discipline all members
of the union, and to give their fullest cooperation in advancing the interest
of the company, advertising through the usual channels that this is a union
firm and to use its and its members’ good offices in behalf of the company
in every honorable manner.
36. Cooperation on Four Fronts: Company Rules; Plant Sanitation; Im­
proved Methods; Conservation and Elimination of Waste
The union agrees to uphold the rules and regulations of the employer in
regard to punctual and steady attendance, proper and sufficient notification
in case of necessary absence, conduct on the job, and all other reasonable
rules and regulations established by the employer. (Copy of present rules
attached.)




10

COLLECTIVE BARGAINING PROVISIONS

The union agrees to cooperate with the employer in maintaining and
improving safe working conditions and practices; in improving the cleanli­
ness and good housekeeping of the departments, machinery and equipment;
and in upholding the laws in reference to driving.
The union recognizes the need for improved methods and output in the
interest of the employees and the business, and agrees to cooperate with the
employer in the installation of such methods, in suggesting improved methods,
and in the education of its members in the necessity for such changes and
improvements.
The union recognizes the need for conservation and the elimination of
waste and agrees to cooperate with the employer in suggesting and practicing
methods in the interest of conservation and waste elimination.
37. Improvement of Products and Efficiency, Public Relations, and Sales
It is agreed that both employees and members of the management staff
shall do everything within their power to—
(1) Improve the products of the company.
(2) Improve the efficiency of manufacturing.
(3) Conduct themselves individually and collectively as to reflect favor­
ably on the business, and improve the public standing of the
company and the union.
(4) Promote the sale of the company’s products through grocery stores
to the general public.
38. Union Pledge Includes Fostering Good Public Relations
The union recognizes the responsibilities imposed upon it as the exclusive
bargaining agent of the employees, and realizes that in order to provide
maximum opportunities for continuing employment and good working con­
ditions, the employer must be in a strong market position, which means it
must produce efficiently and at the lowest possible costs consistent with fair
labor standards. The union, through its bargaining agency agrees to cooper­
ate in the attainment of these goals. The union therefore agrees that it will
cooperate in any reasonable manner with the employer to support its efforts
to assure a full day’s work on the part of its members; that it will combat
absenteeism or other practices which might restrict production; eliminate
waste in production; conserve materials and supplies; maintain the quality
of workmanship; prevent accidents; and strengthen good will between the
employer, the employees, the consumer, the union, and the public.
39. Union to Use Influence to Increase Business
The union further agrees to use its national influence wherever possible
to increase the general business and profit of the firm.
40. Union Support on Sales
The union agrees that it will lend its support to the furtherance of sales
activities.
41. Union to Promote Sale of Union Label Goods
The union agrees to furnish the employer, free of cost, its union label for
all cigars or stogies manufactured by him under the terms of this agree­
ment. The union further agrees to cooperate with the employer in promoting
the sale of goods manufactured by him, bearing the union label.




PLANT EFFICIENCY AND UNION-MANAGEMENT COOPERATION

11

42. Union to Report Sabotage and Theft. Guilty Persons Subject to Discharge
The union and its members agree to report to the company any acts of
sabotage, willful damage to, or theft of, property or materials belonging
to an employee, the company or the Government; the union further agrees
that if any such acts occur it will use its best efforts in assisting the company
and the Government to determine and apprehend the guilty party or parties.
Any such acts of sabotage, willful damage, or theft, shall make the employee
subject to discharge without notice.
43. Cooperation on Plant Sanitation
The parties hereto recognize their mutual interest to attain safety of
employees, protection of property, equipment and tools, plant cleanliness,
conservation of materials and supplies, reduce scrap and in general the
securance of efficient plant operation on a sound and economical basis.
44. Care of Plant and Equipment
The union agrees to cooperate with the employer in maintaining and
improving safe working conditions and practices, in improving the cleanliness
and good housekeeping of departments and in caring for equipment and
machinery.
45. Conservation and Elimination of Waste
The union recognizes the need for conservation and the elimination of
waste and agrees to cooperate with the employer in suggesting and practicing
methods in the interest of conservation and waste elimination.
46. Union Pledge on Quality Improvement and Observance of Listed Rules
The union pledges that it will cooperate wholeheartedly with the company
in a concerted drive for better quality, and join the company in urging
employees to be guided as follows:
(1) I f you are in doubt about an order or instructions regarding gage,
size, quality, or method of packing, check with your foreman
before starting the job.
(2) Inspect work received from other employees to see that no defective
work is covered up or processed as it is better for us to catch
faulty material than to have it show up in the customer’s plant.
(3) Extra selected should be flat, free from blisters, piece marks, oxide,
ribs and waves.
(4) Be careful to enter packed material correctly on packer’s report.
(5) Finishing roll crews are expected to cooperate fully with the roller
as he is captain of the crew and can lead the crew to better quality
and more production if he receives your support. Increased pro­
duction and less friction will result if finishing roll crews will
refrain from interfering with other crews.
47. Union Agrees to Uphold Company Rules
The union agrees to uphold the rules and regulations of the employer in
regard to punctual and steady attendance, proper and sufficient notification
in case of necessary absence, conduct on the job, and all other reasonable
rules and regulations established by the employer,
816913—49----- 3




12

COLLECTIVE BARGAINING PROVISIONS

48. Union to Assist Company in Complying with Federal Laws
The union will assist the company in complying with the provisions of
the Wage and Hour Law and other Federal regulations by reporting imme­
diately to the company all alleged violations by either the management or
employees.
49. Cooperation in Fair Trade Practices
All parties hereto mutually agree to cooperate fully in every legal and
proper way to establish and maintain in the * * * industry and within the
territory in which they shall operate a code of ethics and fair practices which
will insure compliance with the specific terms of this agreement, and to direct
their efforts individually and collectively as circumstances may warrant and
justify to the elimination of unfair competition and destructive practices.
50. Union Assistance on Postwar Construction and Improvement Program
Recognizing that a continued increase in production, efficiency of operation,
and improvement of products of the mill are essential to the successful and
profitable operation of the company, the union and the company agree to
cooperate in the attainment of these objectives.
The union and the company further agree to cooperate in carrying out a
program of good housekeeping in the mill.
The union agrees to assist the company in every way in carrying out its
postwar construction and improvement program. The company agrees that it
will protect the job rights of its regular employees who may be assigned to
work on the program.
51. Company to Cooperate in Union’s Efforts to Promote Company*s Welfare
and Service Standards
The union agrees that its members included in this agreement will in­
dividually and collectively perform loyal and efficient work and undertakes
to see to it that so far as reasonably possible to eliminate scrap and the waste
of raw materials.
It undertakes that its members shall cooperate with the company at all
times in promoting the welfare of the company and its service standards,
and the company agrees to cooperate with the union in its efforts to achieve
these results.
52. Collaboration on Charity Drives
It is understood that in cases where the company is cooperating with such
organizations as the Red Cross, Community Chests, etc., in a program of
soliciting voluntary contributions from its employees, it will collaborate with
the union in developing a plan for such solicitation.
53. Prevention of Unnecessary Overtime
The union undertakes to cooperate fully with the employer in securing
the observance of the time schedules set by the employer in preventing un­
necessary overtime. To that end it will make every effort to see that the
employees conform as closely as possible to such schedules and that in any
case all routes return to the first point of unloading by the uniform final
returning time set forth below.




PLANT EFFICIENCY AND UNION-MANAGEMENT COOPERATION

13

J O IN T U N IO N -M A N A G E M E N T R ESPONSIBILITY AND COOPERATION

Some agreements contain provisions for effectuating unionmanagement cooperation by establishing joint committees or
boards. Such committees are usually permanent, both sides are
equally represented, and meetings are held at regular, specified
intervals. Joint committees are generally advisory in character;
some agreements appear to grant them additional authority, and
others make no reference to their powers.
The scope o f joint union-management committees varies from
a single function or activity to a more inclusive jurisdiction. Some
agreements, on the other hand, provide a separate committee for
each specific function. Some committees are industry-wide in
character; others cover only a particular plant. Some committees
are authorized to consider any problem or matter o f mutual inter­
est. Others are limited to specific issues—plant production and
efficiency; elimination o f waste; improvement o f quality; elimina­
tion of absenteeism; safety and sanitation; and suggestion sys­
tems. In certain instances, the scope is quite broad: Develop
guaranteed wage or employment stabilization plans for the plant;
study industry stabilization; the causes of stoppages; industry
problems; the effect of multiple shift use o f machinery on employ­
ment; develop and implement an industry promotion plan; de­
velop a program to eliminate unfair, nonunion competition and
practices undermining the industry’s labor standards.
JOINT PRODUCTION COMMITTEES

54. Joint Production Committee and Production Pledge
The company and the union agree to maintain a labor-management pro­
duction committee.
The parties hereto mutually agree the following production pledge shall
be effective and remain in effect for the life of this contract:
It is the intent of the parties to secure and sustain maximum productivity
per employee, consistent with the principle of a fair day’s work for a fair
day’s pay. The union reemphasizes its agreement with the objective of
achieving the highest level of employee performance and efficiency consistent
with safety, good health, and sustained effort.
55. Labor-Management Production Committee to Effectuate Maximum Pro­
duction
It is hereby agreed that a committee consisting of three (3) representa­
tives of the company and three (3) representatives of the union to be known
as the Labor-Management Production Committee, shall be established and
meet periodically to discuss ways and means to effectuate maximum produc­
tion, which is mutually desired. It shall also be a function of this committee
to review the wage scale every three (3) months with a view to upgrading
the employees in the lower brackets of the several classifications.




14

COLLECTIVE BARGAINING PROVISIONS

56. Joint Committee to Explore Cooperation to Increase Production
There shall be a union-management committee consisting of the union shop
committee and representatives of the company for the purpose of increased
production through creative cooperation. The said committee shall meet and
explore the possibilities for an expanding field of cooperation between man­
agement and labor in the interests of increased production. The said com­
mittee shall establish procedure for the fullest cooperation in order to
maintain harmonious relations, efficient shop discipline, safety and maximum
production.
57. Joint Production Committee Modeled on War Production Board Plan
A labor-management production committee shall be set up, composed of a
number of representatives of each of the parties hereto, not to exceed eight
members each, in accordance with the plan laid down by the War Production
Board or its successor. However, nothing herein shall be construed in any
way to limit, modify or affect managements prerogatives as outlined in
article XVII [Company Prerogatives].
Company Prerogatives
The management of the company’s business (including the determination
of the type products to be manufactured, the methods and processes of pro­
duction and the location of its plants), the direction of its working force and
the right to hire, lay-off and discharge employees are vested exclusively in
the company. However, this exclusive prerogative shall not be construed as
preventing the union from questioning as a grievance in the manner herein
prescribed any act of the company which is regarded by the union as a
violation of this agreement.
58. Joint Production and Administrational Committees Established in Connection with Plant-Wide Incentive Bonus Plan
Departmental or divisional committees shall be appointed or elected in the
departments or divisions already agreed upon. These committees shall be
composed of one management and one union representative and shall be
designated production committees. The office group and the “ B” group of
engineering shall be excepted. A top committee shall be elected or appointed,
composed of three management and a like number of union representatives.
This committee shall be designated the administrational or screening com­
mittee.
Functions of Production Committees.— The production committees shall
meet at least once each month or more often if deemed necessary for the
specific purpose of discussing ways and means of reducing waste and increas­
ing productive efficiency. Every effort shall be made to schedule in advance of
such meetings a specific production problem which will be placed on the
program for discussion. Committee members may call upon the services of
those employees in the division for participation in the scheduled meetings
who are most familiar with the specific problem outlined. In no event, how­
ever, may a committeeman call in more than two employees.
Likewise, it shall be the committeeman’s responsibility to further record
and explain all suggestions made by the employees in his division or depart­
ment designed to increase productive efficiency or reduce waste. Discussion




PLANT EFFICIENCY AND UNION-MANAGEMENT COOPERATION

15

of grievances of any nature shall be prohibited. The functions of the pro­
duction committee shall in no way conflict with the responsibilities and the
duties of the duly-elected grievance committee. The grievance committeeman
may, if he deems it advisable, attend all meetings of the production com­
mittee conducted in his department or the unit to which he belongs.
Accurate minutes shall be kept of the meetings of the production com­
mittee, which must record all suggestions designed to increase productive
efficiency or reduce waste, together with their disposition of the same. An
approved copy of the minutes shall be transmitted immediately to the administrational or screening committee.
Functions of Administrational or Screening Committee.— This committee
shall screen out through joint discussion all suggestions that are designed to
increase productive efficiency or reduce waste. Those that have been placed
in effect at the production committee level shall be placed in the record and
decisions shall be reached concerning those suggestions which have not been
disposed of at the production committee levels.
A u t h o r ’ s n o t e .— These two committees are set up to function
within the framework of a plant-wide efficiency bonus plan. The
basis o f the bonus plan is described in the agreement as follow s:
The factor of labor costs to sales value which will include the sales in
each specific month plus or minus inventory change in finished goods and
goods in process is the base used for the participating efficiency bonus. Rec­
ords of the past several years were used in the development of a ratio of
labor costs to each dollar of production value. For each 1 percent of increase
in productive efficiency as reflected in production value, a 1 percent par­
ticipating bonus will be paid to each employee working under the plan.
JOINT SUGGESTION COMMITTEES

59. Committee to Establish Suggestion Procedures, Reviewable on 90 Days9
Notice
The parties agree to establish union-management suggestion committees
in each plant, consisting of two (2) members from the company and two (2)
from the union. These committees shall jointly establish procedures for
encouraging the submission of suggestions to increase production.
In the event that the union and the company should feel that the sugges­
tions procedures are not satisfactory, either party may, upon ninety (90)
days’ notice given after * * * [date], re-open the provisions of article
* * * for renegotiation.
60. Joint Study of Feasibility of Suggestion System
The company desires to receive suggestions from employees fo r improve­
ments in operating methods and recognizes that a formal plan is necessary
to the successful operation of an employee-suggestion system on a country­
wide basis. It is agreed that the company and the steward’s committee will
make a careful study of employee suggestion systems to determine whether
one mutually advantageous to the company and the employees might be
developed for operation in this plant.




16

COLLECTIVE BARGAINING PROVISIONS

61. Joint Committee to Develop Suggestion Award System. Company Deter­
mines Amount of Award and Value of Suggestion
It is readily agreed by the company and the union that progress and ad­
vancement in the company, within our bargaining unit, is dependent largely
upon constructive thinking and interest. For the purpose of stimulating ideas
among the employees, it is mutually agreed that the best results will be
obtained by using a sound and well-planned system of awards for suggestions
leading to the reduction of operating costs; improvements of operating
conditions or any other conditions; improvement of safety; advancement of
operating efficiency or helping to guarantee continuous service to the public.
(а) The company and the union agree that a joint committee com­
posed of six members—two from [name of union] local * * *, one from
[name of union] lodge # * * *, and three from the company—be created
for this purpose. The committee will study and develop a system of
awards for meritorious employee suggestions.
(б) The amount of money to be paid and the value of the suggestion
to be finally determined by the company.
JOINT SAFETY COMMITTEES

62. Joint Industry Safety Committee. Power to Arbitrate
In order to carry out the intent and purpose of the agreement affecting
the Mine Safety Code, it is agreed that from time to time joint consultations
shall be had with the U. S. Bureau of Mines looking toward review and
appropriate revision of the Mine Safety Code.
There is hereby established under this agreement a joint industry safety
committee composed of four members, two of whom will be appointed by
the mine workers and two of whom will be appointed by the operators,
whose duty it shall be to (1) arbitrate any appeal which is filed with it by
any operator or any mine worker who feels that any reported violation of
the Code and recommendation of compliance by a Federal coal mine inspector
has not been justly reported or that the action required of him to correct
the violation would subject him to irreparable damage or great injustice;
and (2) to consult with the U. S. Bureau of Mines in accordance with the
provisions of section (c) above.
63. Joint Safety Committee. May Adjust Safety Disputes, Subject to Griev­
ance Procedure
The company agrees to maintain a health and safety committee consisting
of two (2) members of the union who shall be the two ranking members of
the shop committee, and two representatives of management.
Duties of the Health and Safety Committee:
(a) To meet at least once a month and to make weekly inspections
of the plant including first-aid and medical departments.
(b) To make recommendations for the correction of unsafe and harm­
ful conditions and the elimination or control of conditions hazardous to
the health and safety of the employees.
(c) To review and analyze all reports of industrial injury and illness,
to investigate cause of same, and to recommend standards for continued
employment or reemployment of employees suffering disabilities or illness.




PLANT EFFICIENCY AND UNION-MANAGEMENT COOPERATION

17

(d) To aid and assist in the administration of any group insurance
prepayment or benefit plan wherein the company is a contributor; and
to inspect the handling, distribution and sale of food and refreshments
in the plant.
(e) To promote health and safety education.
( /) To negotiate and adjust all disputes arising under health, safety,
and compensation, subject to grievance procedure.
The union agrees that it will endeavor to have its members observe all
safety rules.
Should an employee’s classification be changed by reason of disability and
a dispute arise therefrom, it shall be referred to the health and safety com­
mittee for negotiation. All disputes arising under health, safety, and com­
pensation, shall be referred to the health and safety committee for negotiation
and adjustment, subject to grievance procedure.
The company agrees to take reasonable precautions and provide and
maintain reasonable safeguards for the purpose of protecting the employees
from occupational disease or injury.
The company agrees to comply with the laws of the State of Michigan
regarding medical care, hospitalization, and compensation for any of its
employees.
64. Company Makes Every Effort to Comply with Joint Safety Committee
Recommendations
The company agrees to take every reasonable precaution at all times to
protect the health and safety of its employees.
There shall be a six (6) man safety committee composed of three (3) men
appointed by the company and three (3) men appointed by the union.
This committee shall meet once a month and make recommendations to
the company concerning the health and safety of the employees and the
company will make every effort to comply with such recommendations.
65. Recourse to Grievance Procedure I f Majority Recommendation of Joint
Safety Committee Not Carried Out
A safety committee shall be created consisting of three employees and
three representatives of the company whose function it shall be to cooperate
with the company in promoting safe workmanship and working conditions.
The safety committee shall hold regular meetings every 2 weeks for the
purpose of effectuating safe practice, receiving and considering safety sug­
gestions, and discussing the means and methods of maintaining safe working
conditions and equipment. The safety engineer may attend such meetings.
The committee shall keep permanent minutes of its meetings which shall
record the action taken upon all safety suggestions presented to or con­
sidered by the committee. Such minutes shall be open to inspection by the
company and the union.
In the event a recommendation with respect to safety conditions, con­
curred in by a majority of the entire committee, is not carried out, the union
may have recourse to the grievance procedure.
Meetings of the safety committee shall be held between shifts, except on
request of the company. The employee members of the committee shall be
paid at their respective regular wage rates for the time spent in attendance
at such meetings, if not held during the members’ regular working hours
but not to exceed one hour’s pay for each meeting.




18

COLLECTIVE BARGAINING PROVISIONS

If an inspection of a particular place becomes necessary in order to clear
up conflicting reports, the safety engineer will arrange for such inspection
by himself, together with at least two employee members of the safety com­
mittee.
I f the safety committee shall determine at a regular meeting at which a
quorum is present that an inspection of some portion of the mine or plant
is advisable, such inspection may be made on company’s time, but subject
to the following qualifications:
Such inspections shall be limited to not more than one each
calendar month and not to exceed four (4) hours’ time.
The company shall be given notice of the contemplated inspection
and the safety engineer, foreman, shift boss, or other designated
representative of the company, familiar with the area or location to
be inspected shall accompany the committee upon such inspection.
The safety committee may designate certain employees throughout the
mine or plant to act as safety men in their respective departments or mine
levels. The duty of the safety man shall be to report to the safety committee
from time to time with respect to safety conditions in or on his department
or level, but he shall not leave his work or his working place during working
hours for the purpose of inspecting conditions, except with the permission
of his shift boss.
66. Joint Safety Committee Not to Handle Grievances
A safety committee consisting of three employees designated by the union
and three management members designated by the company shall be estab­
lished in each division. The safety committee shall hold monthly meetings at
times determined by the committee, preferably outside of regular working
hours. Time consumed on committee work by committee members designated
by the union shall not be considered hours worked to be compensated by the
company. The function of the safety committee shall be to advise with mine
or plant management concerning safety and health matters but not to handle
grievances. In the discharge of its functions, the safety committee shall:
consider existing practices and rules relating to safety and health, formulate
suggested changes in existing practices and rules, and recommend adoption
of new practices and rules. Advices of the safety committee, together with
supporting suggestions, recommendations, and reasons, shall be submitted
to the general superintendent for his consideration and for such action as
he may consider consistent with the company’s responsibility to provide for
the safety and health of its employees during the hours of their employment
and the mutual objective set forth in subsection * * *.
67. Detailed Industry-Wide Safety Cooperation Program
That a broad educational program on safety be instituted in the * * *
industry and that the employer and the union be jointly responsible for
the success of this educational work.
That every possible medium of education be used such as poster, pamphlets,
newspaper articles, pictures, motion pictures, radio programs, and the closest
cooperation between the safety divisions of the respective State industrial
accident departments.
That the State industrial safety divisions participate fully in the educa­




TPLANT EFFICIENCY AND UNION-MANAGEMENT COOPERATION

19

tional program and be able to assist and advise local safety committees on
all phases of the safety committee’s work.
That the States involved furnish to employer, union and safety committee,
statistical information on accidents in such detail and character as is possible
and proper to evaluate safety experience in the industry. The [union] and
the * * * Industrial Relations Committee, Incorporated, will prepare and
present to the several agencies above referred to, an outline of the kind of
statistical information required.
That the employer assume responsibility for thoroughly educating super­
visory personnel and employees in the fundamentals of accident prevention,
to the end that wherever equipment, methods of operation and unsafe prac­
tices may be the cause of accidents, such hazards be reduced to the lowest
possible minimum. Also that supervisory personnel be made aware of the
tremendous part the human element plays in accident prevention and safety
work, so that they will not only increase their own contribution to the reduc­
tion of accidents resulting from human failure, but be in a position to assist
the workers under their supervision to do the same.
That the union assume the responsibility for using its organizations,
facilities to the greatest extent possible through the education of its officers
and membership in reducing mechanical hazards, unsafe practices, and
accidents which arise from these sources. The union also agrees to use its
facilities for educating its membership so that they will work safely, take
no unsafe chances with their own persons, as well as that of their, fellow
workmen.
There shall be established a safety committee not to exceed five from the
union and five from the employer.
In logging operations employing two or more sides, or m sawmills of
three or more departments, the committee recommends that departmental
committees be established for each department, one member representing
the employer and one member representing the union. In such instances, the
safety committee as provided for in R -l, shall coordinate the duties and
responsibilities of the departmental committees. Membership on the safety
committee will be elected from the departmental committeemen by the re­
spective parties.
The union agrees to select its safety committeemen and departmental
committeemen from the employees of the firm involved.
All safety inspections or investigations shall be made jointly by employer
and union safety committee representatives.
In operations or plants where the departmental plan is not used, the union
members of the committee shall select their representative and the employer
members of the committee shall select their representative to make investiga­
tions and inspections.
One meeting a month shall be held by the safety committee. The date,
hour, and place of meeting shall be determined by the employer. Temporary
changes in the date and hour for single meetings may be made by joint action
of the safety committee. Time spent in safety meetings by union committee­
men shall be paid for by the employer at straight or overtime rates, which­
ever would be applicable under existing contracts, laws, and regulations.
The committee recommends a standard agenda for safety committee meet­
ings. This standard agenda to be the form used by the accident prevention
division of the State industrial accident commission of the State of * * *
816913—49----- 4




20

COLLECTIVE BARGAINING PROVISIONS

and including in this agenda an additional item that will provide that the
safety committee make every practical effort toward a follow-through and
checking up on all injured workmen, as to how well they are progressing;
if they are receiving satisfactory medical care, satisfactory hospital care,
and workmen’s compensation. If the injured workman has suffered a major
injury that will prevent him from returning to his old job, what steps are
being taken to secure rehabilitation and training for the injured workman
on jobs within the industry or other lines of work outside the * * * industry.
The Crosby type of inspection form be adopted for use in making safety
inspections. Such form shall translate the safety codes, governing the * * *
industries in the State in which the plant or operation is located, into items
for checking when making the safety inspections.
In making safety inspections each piece of equipment and all other matters
commonly involved shall be inspected. A complete inspection of the operation
shall be made at least once during each month and between the 10th and
20th of the month. However, any authorized inspection of any department
or on any item made between the 10th and 20th of the month shall be re­
garded as compliance with the inspection program for that particular
department or item.
Unsafe conditions, when reported, shall be inspected immediately by the
safety committee or by someone designated by the committee to make such
investigations, if the committee agrees such immediate investigation is prac­
tical. In the event the committee decides no investigation is necessary, it
shall give its reasons to the party making the report.
The safety committee of each operation will make investigations or studies
of accidents due either to mechanical causes or unsafe practices. Such investi­
gations or studies shall be made if the good judgment of the committee
dictates and determines.
It is recommended that a uniform accident investigation report form be
established for the use of the operations in the States of * * * and
* * *. This form to be made in triplicate for each investigation, a copy to
go to the union, the employer, and the State department.
In the event the safety committee disagrees upon questions relating to
safety covered by State laws and safety codes, rules and regulations issued
thereunder, then that question shall be referred to the proper State depart­
ment of the State in which the plant or operation is located for its decision
in accordance with the laws of the State and safety codes, rules and regula­
tions issued thereunder; and any such decision thus rendered shall be binding
upon both parties.
Accident investigation report forms and inspection report forms will be
furnished to * * * firms which have accepted the provisions of the Work­
men’s Compensation Law in the form approved by the * * * State industrial
accident commission.
Those * * * firms which have rejected the provision o f the Workmen’s
Compensation Law shall provide their own forms.
Pending expected similar action by the * * * department of labor and
industries, * * * firms who are parties to this agreement shall provide their
own forms.
All forms used by parties to this agreement shall be standardized in
accordance with the provisions of article C-2 Meetings, D -l Inspections, and
E -2 Investigations.




PLANT EFFICIENCY AND UNION-MANAGEMENT COOPERATION

21

JOINT EMPLOYMENT STABILIZATION COMMITTEES

68. Joint Committee to Develop Guaranteed Wage Plan
Upon the execution of this agreement, the parties agree to appoint appro­
priate committees, who shall collaborate with each other with a view toward
developing and submitting for early adoption a guaranteed wage plan.
69. Development of Employment Stabilization Plans and Elimination of
Multishift Operation
The company and the union agree that stable employment, i.e. steady and
full work, is a basic requirement for successful and efficient operation.
Therefore the parties agree as to the following definitions, conditions, and
objectives:
Definition of Employee Status
Employees will be designated as “ probationary,” “ temporary,” or “ per­
manent.” A probationary employee is an employee with less than six (6)
months of continuous service. A temporary employee is an employee who has
been employed for a specific assignment of limited duration. A permanent
employee is an employee who has been employed on an open assignment and
who has successfully passed through the probationary period as above
defined.
If a temporary employee, as defined above, is assigned to an open job at
the expiration of his temporary assignment, the period of service on the
temporary work shall be credited to his probationary period as outlined above.
Equalization of Work
(а) All work shall be divided and distributed equally and equitably among
the permanent productive workers in the respective departments and crafts
as far as practicable, having due regard to the necessity of keeping the cost
of production as low as possible and to increase the company’s business.
(б) A joint committee, known as the Job Stabilization Committee, will be
formed to develop employment plans for the purpose of assuring to qualified
workers the maximum opportunity for steady employment. In developing
these plans, the committee shall give attention to considerations such as:
Length of service.
The possession, acquisition or willingness to acquire more than one
skill or the knowledge of more than one operation.
The ability and willingness to work in more than one job.
Evidence of constructive attitude as indicated by attendance, coopera­
tiveness, and willingness to train others.
(c)
The Job Stabilization Committee will also study the problem of second
and third shift work and other over-all problems for the purpose of develop­
ing sound and practical plans, having due regard for the over-all problem
of the company's operations.
Outside Purchases
In exercising its recognized function to purchase from the outside goods
or services produced in its auxiliary departments, the company agrees that
stabilized employment opportunity in the auxiliary departments is an impor­




22

COLLECTIVE BARGAINING PROVISIONS

tant factor in reaching a decision concerning such outside purchases,* and
shall therefore be considered as well as the financial and competitive advan­
tages involved in such outside purchases.
Absenteeism
Having agreed that absenteeism is detrimental to their joint interests,
the parties agree to set up such procedures as may be necessary for the
effective control of absenteeism, with the desired objective of reducing plant
absenteeism to a rate not exceeding 4 percent for the men and 6 percent
for the women. Specifically, the procedure shall provide for the review of
cases of excessive absence, as defined by mutual agreement, and such action
taken as has been prescribed in an agreed-upon procedure.
Training
Recognizing that the company’s production schedules can only be met by
establishing an adequate working force and with consideration of turn-over,
upgrading, and employee terminations, the union agrees to the necessity for
constant attention to training and employee development for the purpose of
stabilizing production. Training programs are the full responsibility of the
company in order to meet production schedules and objectives in any depart­
ment of the plant. The company will make every effort to advise the union
in advance of its plans for the training and development of new and present
employees, and the union agrees to cooperate in such a manner that this
problem may be approached aggressively with no ill effect upon production
objectives and accomplishments.
Labor-Management Committee
The Labor-Management Committee will continue to function in line with
the principles laid down at the time of its establishment, dealing in all mat­
ters of a cooperative character.
70. Joint Advisory Committee for Industry Stabilization and Disputes and
Industry Problems Not Otherwise Adjusted
The parties agree in order to effectuate the general purposes of this col­
lective labor agreement and to bring stabilization to the industry that a
labor-management committee be set up composed as follows: Three (3)
members of the union, three (3) employers, and a nonvoting chairman. The
labor-management committee shall be an advisory body. All disputes and
problems in the industry which cannot otherwise be adjusted shall be sub­
mitted to this labor-management committee which shall meet regularly, and
the decision issued by majority vote of the committee shall become binding
in all matters unless either party shall submit the issue for arbitration to
the impartial chairman within forty-eight (48) hours after notice of the
labor-management committee’s decision.
MULTIPURPOSE JOINT COMMITTEES

71. Economy, Safety, and Community Functions
The labor-management committee shall be set up consisting of five (5)
employee representatives of the union and five (5) representatives of the
company.




PLANT EFFICIENCY AND UNION-MANAGEMENT COOPERATION

23

The committee will meet monthly and shall concern themselves with mat­
ters of the following general nature:
(1) Improve employee relations and increase operating efficiency by
promoting cooperation in effectuating economy moves.
(2) (a) Promote safety practices and the observance of safety rules.
(6) The committee, or a properly appointed subcommittee, may,
at intervals, make safety inspection tours and recommendations on
safety measures.
(3) Participate in community functions that involve the employees
and the company as a body.
The five (5) employee-representatives of the union serving on the labormanagement committee shall be given the privilege of working the first
shift on their assigned operations during their terms of office. In case of
loss of time from work for duties connected with the labor-management
committee, employees shall be compensated at the rate of their average
hourly earnings.
72. Production and Materials Conservation
The company agrees to the creation and to the continuance during the
life of this agreement of a joint labor-management committee for the purpose
of improving production and of conserving materials.
73. Suggestions, Working Conditions, and Production. Chairmen Alternate
There may be established hereunder for the life of this agreement a com­
mittee to consist of seven (7) representatives of the employer and seven (7)
representatives of the union, which shall meet at the call of the joint
chairman at such times as they shall specify after 5 p.m. to discuss sugges­
tions from employees, questions of working conditions and production (but
not grievances not concerned with production) and to make such recom­
mendations to the employer in connection therewith as the committee may
agree upon. An employer and a union representative shall be designated as
joint chairmen and shall alternate in presiding over meetings.
74. Multipurpose Joint Plant Committee
The parties hereto agree to cooperate to reduce absenteeism, t6 prevent
waste or destruction and to improve the efficiency of the business. A special
committee, made of representatives of the union and representatives of
management, not to exceed four from each, will be set up to effectuate this
provision.
This committee shall meet from time to time to give consideration to
such matters as the elimination of waste in production; the conservation of
materials, supplies, and energy; the improvement in quality of workmanship
and services; the promotion of education and training; the correction of
conditions making for grievances and misunderstandings; the safeguarding
of health; the prevention of hazards of life and property; and the better­
ment of employment conditions.
75. Multipurpose Joint Plant Committee Participates in Grievance Adjust­
ment
There is hereby created the labor-management committee which shall be
composed of three members representing the employees and three members
representing company. This committee shall meet once a month, at a time




24

COLLECTIVE BARGAINING PROVISIONS

outside of regular working hours. Special meetings may be called by either
party giving to the other seventy-two (72) hours’ notice.
The committee is formed for the following purposes: (a) obtaining prompt
attendance and reducing absenteeism; (6) obtaining increased productivity;
(c) reducing rejections and costs; (d) maintaining good deportment; ( e)
creating better conditions in the plant for general health and cleanliness;
( /) considering constructive suggestions and criticisms of all activities in
the plant to the end that better relations shall exist between the company
and its employees, and to secure continuous employment; (g) participating
in the settlement of grievances as herein provided.
76. Multipurpose Joint Industry Committee: Study Industry Problems, Rela­
tions Between Parties; Effect of Multishift Use of Machinery on
Employment; Business Conditions; Study and Administer Apprentice
Program; Foster Dust-Removal Devices
A conference committee shall be created consisting of six (6) members,
three (3) to be selected by management and three (3) to be selected by the
[union]. This committee shall meet every three (3) months or oftener as
problems arise at the call of the chairman.
The duties of the conference committee shall be as follows:
It shall study problems of the industry to develop ideas to promote better
business and more employment.
It shall study the relations between management and labor so as to rec­
ommend changes in future agreements which will be beneficial to both parties
in avoiding unnecessary industrial disputes.
It shall settle disputes between any manufacturer and the business agent
concerning the interpretation of this or any other agreement which is in
force. Such disputes must be submitted to the committee within forty-eight
(48) hours after they arise. All parties concerned shall be represented at
the hearing. A mutual decision must be reached to be binding.
It shall study the apprenticeship requirements of this agreement for the
purpose of making recommendations in future agreements for improving the
apprenticeship system.
It may modify the apprenticeship provisions of this agreement when an
apprentice shows inability or obvious lack of skill in any particular phase
of his training schedule. It shall see that apprentices are given proper oppor­
tunity to become efficient tradesmen. It will advise apprentices to change
their occupation when after due trial they do not appear qualified for their
trade. Both the employer and the apprentice will be heard by the committee
when questions of this kind are being considered.
It shall study whether unemployment is unnecessarily caused by the
operation of the contour or any other machine for more than one (1) shift,
in order that it may recommend what disposition should be made in this
agreement, of the option as provided in article XVI [shifts].
It shall make recommendations for the solution of emergencies which may
arise and which are not specifically covered by this agreement. Such recom­
mendations must be accepted by each party to this agreement before becoming
effective.
It shall study business conditions so that if an emergency arises it may
make recommendations as to changing this agreement. Such changes must
be ratified by both parties to this agreement before becoming effective.




PLANT EFFICIENCY AND UNION-MANAGEMENT COOPERATION

25

It shall be the duty of this committee to advance and assist in the develop­
ment, perfecting and use of dust removing devices and proper maintenance
of all suction equipment, in general, to improve in every possible way general
working conditions for the mutual welfare of both employer and employee.
It shall also assist in any way the industrial disease commission of the
State of * * * because by such cooperation employer and employee will
soon achieve perfection in elimination of dust in the granite industry.
77. Joint Industry Committee to Eliminate Inequities; Stabilize Industry;
Establish Uniform System of Setting Piece Work Rates. Ninety-Day
Time Limit
The employers and the union agree immediately upon conclusion of these
negotiations to establish a joint committee composed of an equal number
of union and employer representatives for the purposes of (a) surveying
and studying methods for the elimination of inequities and stabilization of
the industry, and (6) establishing a uniform, equitable system of setting
piece-work rates or modifying or eliminating present piece-work systems,
with the understanding that the joint committee shall complete these assign­
ments within 90 days of the date of signing of this agreement, unless the
time is extended by joint agreement.
N ote : This agreement covers a number of individual firms.

78. Board of Stability and Control: Power to Investigate Observance of
Labor Standards; Check and Verify Required Employer Reports;
Investigate Nonunion Production; Adopt Program to Eliminate
Unfair, Nonunion Competition and Practices Undermining Industry
Labor Standards. Unanimous Board Decision Binding on Parties.
Disputes Arbitrable
The parties hereto have heretofore created a board of stability and control,
consisting of one representative of the union and one representative of each
association under collective agreement with the union. The said board is
hereby continued and is vested with the following permanent duties, powers,
and functions:
(а) To investigate and ascertain whether the labor standards and
other provisions prescribed in this collective agreement are being faith­
fully observed by the members of the council and uniformly and equally
enforced.
(б) To check and verify weekly the data, reports, etc. now required
to be filed by members of the council under articles Thirty-first and
Thirty-second hereinabove, and which the members of the council may
be required to file under this agreement by decision of the board or the
impartial chairman on the union’s proposal hereinafter set forth, and
the data, reports, etc. which truck owners under collective agreement
with the joint board of [union] are required to file under their agreement
with the said joint board.
(c) To investigate and make available the facts with respect to
nonunion production of garments in the States of * * * , and to adopt
a valid program, the purpose of which shall be to eliminate unfair com­
petition afforded by such nonunion firms. Such program may be changed
from time to time to accommodate new or different situations.
(d) To ascertain the sources where garments covered by this agree­




26

COLLECTIVE BARGAINING PROVISIONS

ment are being manufactured under labor standards inferior to those
established in the industry by existing collective agreements with the
union, and to ascertain the wholesalers and retailers who purchase
garments from such sources or otherwise deal with them, and to adopt
a valid program which will curb the practices of purchasers who
(1) create unfair competition between manufacturers, jobbers, con­
tractors, and submanufacturers who are in contractual relations with
the union and manufacturers, jobbers, contractors, and submanufacturers
who manufacture garments under substandard and nonunion conditions,
and/or who (2) induce the breach of existing collective agreements
which manufacturers, jobbers, contractors, and submanufacturers have
entered into with the union, and/or (3) whose practices undermine or
cause deterioration of the labor standards and conditions of work
prevailing throughout the industry.
(e)
To perform such other duties and functions which may be
assigned to it by decision rendered under and pursuant to paragraphs
numbered (2), (3), and (4) of this article forty-sixth; to administer
all other programs formulated thereunder, unless otherwise delegated
by the board and/or impartial chairman, and to perform such other
duties and functions as the members of the board may unanimously
agree upon.
The board shall meet at least once a week on stated days to consider the
matters embodied in the above provisions. If such meetings are not held on
the stated days, no matter what the reason therefor may be, any member
of the board shall have the right to present any matter which comes within
the above provisions directly to the impartial chairman for his consideration
and he shall thereupon assume the duties of the board with regard thereto.
Every decision which the board shall make in connection with the above,
to be effective, shall be unanimous and shall be in writing signed by each
member of the board. Upon the boards failure to agree upon any of the
matters before it which require decision, the impartial chairman shall decide
the same, after hearing upon notice to all the members of the board. The
decision of the board, if it be unanimous, or the decision of the impartial
chairman, if there be disagreement by the board, shall be binding upon the
parties thereto and their members.
The board of stability and control is also vested with the duty, power,
and function to adopt such provisions additional to those now contained in
this collective agreement which may be found to be necessary to insure
more faithful performance of the collective agreement by members of the
council and to provide for more uniform and more equal enforcement of the
collective agreement.
79. Separate Quality, Waste, and Production Committees
It is agreed that the union will appoint three (3) members to meet with
three (3) management representatives on the following committees:
(а) Quality Committee.
(б) Waste Committee.
(c) Production, Efficiency, and Cost Committee.
These committees shall meet monthly or as often as deemed necessary and
will recommend steps for the improvement of quality, elimination of waste,
and the improvement of production, efficiencies, and costs.




PLANT EFFICIENCY AND UNION-MANAGEMENT COOPERATION

27

GENERAL PURPOSE JOINT COMMITTEES

80. General Trade Problems Affecting Labor Conditions
The parties hereto shall appoint a trade problem committee which shall
consist of three representatives of each of the parties hereto. Said committee
shall consider general trade problems affecting labor conditions and recom­
mend such modifications in the industrial relationships between the parties
hereto and their respective members as the committee may unanimously
agree upon. The said trade problem committee shall meet at least once a
month for the purpose of considering such trade problems as may be reg­
ularly brought before it.
N ote : This is an association agreement.

81. Matters of Mutual Interest, Other Than Grievances
As promptly as possible after the execution of this agreement the union
shall designate three (3) members and the company shall designate three
(3) members who shall constitute an industrial relations committee which
shall meet for the purpose of discussing matters other than grievances
which may be of mutual interest to both parties.
The members of this committee shall be granted such time off with pay
as may be required to attend meetings of this committee or to perform their
duties as members of this committee.
This committee shall meet at least once a month at a mutually agreeable
time and place for the purpose of conducting such business as may come
within the scope of its activities. Members shall receive notice of said meeting
at least forty-eight (48) hours ahead of the time set for the holding of
such meetings.
Minutes of each meeting of the industrial relations committee shall be
prepared by someone designated for such purpose by the company and shall
be signed as promptly as possible after the close of the meeting by a
representative of the company and a representative of the union.
Two copies of the minutes of each meeting so signed shall be delivered
to the company and to the union within three (3) days following the day
on which the meeting was held.
The minutes of each meeting shall contain at least the following data.
(а) Date and place of the meeting.
(б) Names of all persons present.
(c) A full report of all matters discussed and the conclusions reached
at the meeting.
This industrial relations committee shall not supersede the activities of
any other committee of the local union or the company, and does not have
the power to bind either the union or its members or the company to any
decision or conclusions reached in their discussions. The committee shall
have the power to make recommendations to the local union or the company
with respect to its discussions and conclusions.
82. Uniform Industry Standards
There shall be organized and established a board of statistics composed
of an equal number of representatives from the association and from the
union. This board shall gather such statistics and records and other infor­
mation as affects the industry, and shall further undertake to arrive at
uniform standards in the industry.
816913—49----- 6




28

COLLECTIVE BARGAINING PROVISIONS

83. Promotion of Employees* and Industry*s Welfare and Observance of
Contract
It is agreed that there shall be created a joint council, from the industry
to be known as the Stone Industry Industrial Committee, and from the labor
groups to be known as the Federated Council of Limestone Trades. It shall
be the duty of these committees to use their good offices in promoting the
welfare of the employees and the industry and the observance of this
contract. The meetings of this joint committee shall be held on request of
either party at time and place agreed upon.
84. Quarterly Meetings on Matters of General Mutual Interest. Specific
Grievances or Complaints Barred
The parties hereto shall set up a joint conference board composed of
representative employees and union officials chosen by the union and repre­
sentative executives chosen by the employers. Said joint conference board
shall meet, unless otherwise agreed upon, once each 3 months to discuss
matters of general mutual interest. Discussion of specific grievances or
complaints shall be barred. It is the object and expectation that such dis­
cussion will result in further developments of friendly relations between
employers and employees, the exchange of ideas of mutual advantage, and
a more comprehensive understanding by each of the problems of the other.
This clause shall be deemed a separate and independent one, so that failure
to hold such meetings shall not be considered a violation of this contract.
85. Joint Board Has Authority to Form Plans and Procedures to Administer
Agreement More Effectively
The association and the union shall designate an equal number of repre­
sentatives who, together with the impartial chairman acting in an advisory
capacity only, shall constitute the administrative board. The said Board
shall have full power and authority by unanimous vote, to formulate plans,
policies and all necessary methods of practice and procedure to more effec­
tively administer the provisions of this agreement consistent with the full
and true intents and purposes thereof. This board shall meet at least twice
in each calendar year during the term of this agreement.
OTHER COOPERATIVE COMMITTEES

86. Joint Industry Promotion Plan
The parties hereto declare it to be to their mutual benefit and interest
to maintain the dress industry in the New York market in a healthy and
prosperous condition. The affiliated agrees on behalf of its members that
it will, for the term of this agreement, together with the * * * and the
* * * conduct a cooperative promotion campaign and establish a higher
degree of efficiency in their shops, with the objective of increasing the volume
of production of the New York market, improving further the quality of
its product, and offering even better values to the consumer, by publicizing
the outstanding position in the field of style, fine workmanship, and sound
values of the New York market, by stimulating consumer demand in the
United States and elsewhere, and by establishing New York as the fashion
center of the world. Such a campaign will result in increased business to
the members of the organized dress industry, and in material advantages




PLANT EFFICIENCY AND UNION-MANAGEMENT COOPERATION

29

to the members of the union employed by them who will derive therefrom
greater continuity of employment and increased annual earnings. All of
the provisions herein relating to the promotion program are, therefore, for
the mutual benefit of the workers in the industry who are members of the
union and of the members of the associations which have entered into
collective agreements with the union, and constitute a consideration for this
agreement. The faithful performance thereof by the members of the affiliated
is of the essence of this agreement.
The * * * , the Board created under the provisions of the collective agree­
ment between the parties hereto, dated * * * , and on which the union and
the affiliated have representation, shall continue its corporate existence and
shall continue to exist and function in the dress industry during the term
of this agreement under the bylaws, rules and regulations heretofore adopted
by it and any amendments which may be made thereto not inconsistent with
the general purposes hereof.
The costs and expenses of the promotion program shall be defrayed through
the monies which the * * * now has in its treasury subject to the terms
of the agreement entered into between the parties hereto on the [date]
and through such other voluntary contributions which may be made to it.
Such monies shall be apportioned equally to each year of the term of this
agreement and shall be budgeted accordingly.
No monies of the * * * shall be used for any purpose other than to promote
the dress industry as herein set forth and to pay the incidental adminis­
trative expenses thereof, except that the sum of $20,000 per year shall be
allocated to defraying the expenses of the special department attached to
the impartial chairman’s office whose duties shall be, upon request of mem­
ber of the industry, to counsel and advise and render such other assistance
to individual members of the organized dress industry which will aid and
facilitate their efforts to effectuate the standards of efficiency set forth in
paragraph eleventh hereof.
87, Joint Committee to Study Competition with Aim to Expand Business

in Locality
It is mutually agreed if the employer makes a request therefore, that the
parties will appoint a joint committee consisting of an equal number of
members to make a study and survey of the [name of product] manufac­
turing business, particularly from the standpoint of competition from other
manufacturing centers for the purpose of expanding and enlarging the
[name of product] industry of [city], the committee to report its findings
and recommendations to both parties for action.
88. Joint Commission to Study Causes of Stoppages
A commission to be composed of six (6) manufacturers or their repre­
sentatives and six (6) union representatives to be chosen from the various
areas in [State] covered by the respective locals of the union, shall be set
up immediately upon execution of this agreement, to study the causes of
stoppages and to make recommendations for measures to eliminate such
stoppages. The commission shall render a report to the union and to the
firms having contractual relations with the union within ninety (90) days
after its creation*




30

COLLECTIVE BARGAINING PROVISIONS

89. Joint Committee to Consider Commissioned Drivers9 Problems. Disputes
Not Arbitrable Nor Ground for Work Stoppage
A joint committee shall be appointed to consider commissioned drivers’
problems and to take such action as is mutually agreed upon, provided that
disputes arising in connection with such matters shall not be subject to
arbitration, and shall not be a ground for strikes, stoppages, or lock-outs.
90. Joint Advisory Board on Operation of Consumer Facilities in Company
Town. Majority Decision Binding on Company. Arbitration Permitted,
With Specified Exceptions
It is understood that the mercantile department consists of the barber
shop, retail stores, the * * * club, theater, service station, and pool hall.
The mercantile department shall be operated as a nonprofit department,
with the understanding that all costs, including overhead costs necessary
to the operation of said department, shall be paid out of the income, so that
no expense shall be borne by the company.
A mercantile advisory board shall be created which shall consist of
three (3) union representatives and three (3) company representatives.
Said board shall:
(а) Have access to the books of account and records of the mercantile
department;
(б) Investigate and recommend to the management with respect to
methods of purchase and sources of supply of the commodities sold by
said mercantile department;
(c) Investigate and recommend to the management with respect to
the price to the consumer of the commodities sold and of the services
rendered by said mercantile department;
(d) Investigate and, if found desirable, recommend the abolition and
replacement of the present scrip and rebate system with a system of
sale of commodities and services to employees only at discount;
(e) Investigate and recommend to the management with respect to
the keeping of accounts, including the allocation of overhead expense
of said mercantile department;
( /) Investigate and recommend to the management with respect to
the number of personnel required to render service and the conduct
of the personnel in rendering said service;
(g) Have conducted an audit of the mercantile department books
of account and records semiannually and cause a financial report to be
posted on the bulletin boards, in the * * * , a weekly newspaper, and
in the [union newspaper].
(h) Make a regular tour of inspection of the coffee shop and mess
hall for the purpose of determining whether said facilities are main­
tained in a sanitary condition and whether the food is handled, prepared
and served in a sanitary and clean manner; and report to and make
recommendations to the concessionaire for the purpose of correcting
any conditions found to be unsatisfactory in this respect;
(i) Investigate and recommend to the company any changes in the
policies of the concessionaire with respect to the quality of the food
served and the prices charged for said food.




PLANT EFFICIENCY AND UNION-MANAGEMENT COOPERATION

31

It is understood that the company shall charge a reasonable depreciation
for the mercantile department facilities and equipment, such charges to be
reviewed and agreed upon by said mercantile advisory board.
The decisions of the mercantile advisory board to recommend on the
matters set forth in paragraph (3) of this section shall be by majority
vote of the six (6), and said decisions shall be binding on the company.
In the event that a majority vote cannot be secured, these six (6 ), shall
select a seventh (7th) person, and the matter shall be submitted to arbi­
tration according to the procedure set forth in section XX, except as modified
herein, and both parties agree to abide by the decisions that come from
said arbitration, except that it is expressly understood that the company
is not bound by any recommendation of said mercantile advisory board to
make capital expenditures, nor shall the making of capital expenditures
be subject to arbitration; and except further that said mercantile advisory
board shall make no recommendation that is binding upon the company or
subject to arbitration with respect to whether the company shall permit
other than employees to use the facilities of said mercantile department.
91. Cooperation on Government Power Project
It is recognized that the office of the administrator of the * * * power
administration is an agency of the sovereign Government of the United
States; that it is dedicated to the accomplishment of the public purposes
for which it has been created as set forth in the * * * Project Act of
[date], as amended, and to the discharge of the public duties and respon­
sibilities vested in the Administrator by that Act, by Executive Order of
the President No. 8526, dated * * * and by orders of the Secretary of the
Interior; and that in the accomplishment of those public purposes and the
discharge of those duties and responsibilities the administrator and the
employees must comply with and conform to all applicable Federal laws,
executive orders, regulations and policies, all of which laws, orders, regula­
tions and policies are regarded as paramount. The administrator and the
council further recognize that cooperation by the administrator and the
employees on the basis of mutual understandings between them arrived at
through the processes of collective bargaining is indispensable to the accom­
plishment of those public purposes.
The administrator and the council also recognize that they have a common
and sympathetic interest in the power industry in the Pacific Northwest and
its development and that the promotion of their common interests will be
furthered and extended by the establishment and maintenance of labormanagement cooperation between the administration and the employees.
Therefore, the administrator and the council hereby agree to establish
the conference and consultative machinery and procedures hereinafter pro­
vided for the following purposes:
(1)
To provide for fair and reasonable rates of pay, hours, and working
conditions for the employees concerned in the territory in which the admin­
istration^ activities are or may be carried on; (2) to insure the making
of appointments and promotions on a merit basis; (3) to promote stability
of employment and to establish satisfactory tenure; (4) to provide for
improvement and betterment programs designed to aid the employees in
achieving their acknowledged and recognized objectives; (5) to promote
the highest degree of efficiency and responsibility in the performance of




32

COLLECTIVE BARGAINING PROVISIONS

the work and the accomplishment of the public purposes of the admin­
istration; (6) to adjust promptly all disputes arising between them, whether
related to matters covered by this agreement or otherwise; (7) to promote
systematic labor-management cooperation between the administration and
its employees, and (8) to aid the reestablishment in civilian life of returning
veterans.
The public interest in the accomplishment of the purposes of the admin­
istration always being paramount, the administration and the council further
agree that, pending the determination or adjustment of any issue arising
between them by means of the conference machinery and procedures herein­
after provided, there will be no change in the conditions in any schedules
or recorded understandings applicable to such issue, and there will be no
stoppage or interference with the progress of work.
92. Joint General Committee and Specified Standing Subcommittees. Griev­
ances and Wages Excluded
It is recognized by each of the parties hereto that company policies and
standards must be formulated by the management of the company and that
cooperation of the parties based upon general understanding will make for
harmonious and constructive relations.
To promote and maintain such relations between the parties there shall
be a general committee consisting of eight (8) members, four (4) to be
named by the company and four (4) by the union. The general committee
shall consider matters relating to plant efficiency, shop rules, working
conditions, charity contributions and similar subjects of mutual interest
other than grievances or wages. It may establish necessary subcommittees
either from within its membership or from without and may make rec­
ommendations to the company for the company’s consideration; provided,
however, there shall be standing subcommittees on health and safety, recrea­
tion and suggestions. In all cases, subcommittee membership shall be divided
equally between the company and union representatives, the latter to be
selected by the union. All regular committee meetings shall be held on
company time.
93. Equal Representation on One Committee; Unequal Representation on
Two Others
The union shall have the right to appoint representatives from among
company employees to serve on the following committees in the proportion
shown below:

Safety Committee (one union appointee, five-man committee)
Civic Fund Special Relief Committee (three union appointees, sixman committee)
Employees’ Activities Committee (two union appointees, seven-man
committee)
94. Union Given “ Adequate” Representation on Specified Committees
Adequate and proper recognition shall be given the union.
The company shall afford the union adequate recognition and representa­
tion on intraplant labor management production committees, War Commu­
nity Chest committees, Red Cross committees, safety and health committees,
or other committees of this type which may be created from time to time.




Technological Changes
The immediate effect of technological changes on employment
is often unpredictable. Traditionally workers have associated
such changes with the loss of jobs, lowered earnings, and loss of
skills acquired through long years o f training and experience
and this is largely responsible for the antagonistic attitude of
many workers and their unions to the changes themselves. Re­
cently, however, the trend has shifted from outright opposition
toward acceptance of technological changes, provided the union
is given a voice in bargaining over wages, work standards, and
other employment conditions resulting from the change. One of
the important problems facing modern industry and organized
labor, therefore, has been to evolve methods which will reconcile,
as far as possible, the continual growth o f industrial techniques
and o f labor-saving devices with employment security.
In an effort to protect workers against dismissal and other
hardships which may result from technological changes, some
companies have voluntarily spread the introduction of machinery
and other labor-saving devices over a long period of years. Others
have made the changes in periods o f increased production. Some
have placed the workers affected on other jobs or have retrained
these workers to fill other jobs in their plant or elsewhere. Still
others have paid their displaced workers substantial dismissal
wages.
The measures generally adopted through collective bargaining
with respect to technological changes have had a dual objective:
(1) to alleviate the hardships of those displaced because of the
adjustment, (2) to protect the employment opportunities, earn­
ings, and conditions o f work o f those workers retained on the job.
Some agreements require union-management negotiations prior
to all changes in the process of operation and in the equipment
used. Through such a procedure, the union may endeavor to
secure gradual introduction o f new machinery and thus insure
a minium displacement of regular employees. Other agreements
specifically prohibit any restriction upon the introduction of new
machinery or new processes and even pledge the union to active
cooperation in the introduction of technological changes.




33

34

COLLECTIVE BARGAINING PROVISIONS

M AN AG EM EN T R IGH T TO INTRODUCE T ECH N O L O G IC AL C H AN G ES

In some agreements, management’s right to institute tech­
nological changes is explicitly recognized or it is stated that use
of machinery or labor-saving devices shall not be restricted. Other
references to management rights or prerogatives may be inter­
preted as including the right to institute new processes, laborsaving devices, and new equipment, although the language is
rather broad and general. A number of individual agreements also
contain union pledges to cooperate in utilizing improved machin­
ery and processes to achieve higher output.
95. Installation of New Machinery Management Prerogative
It is further agreed that the employer shall have the right to install in
its factory or factories during the life of this agreement any modern
machinery or equipment that it may desire.
96. No Restriction on Use of Machinery and Tools, or Material, Except
Prison Made
There shall be no limitation as to the amount of work a man shall
perform during his working day.
There shall be no restriction on the use of machinery, tools, equipment
or appliances.
There shall be no restriction on the use of any raw or manufactured
material, except prison made.
97. No Restriction on Use of Machinery or Labor-Saving Device
There shall be no restrictions on the use of machinery or labor-saving
devices throughout the plant.
98. No Restriction on Use of Machinery or Tools Provided Operated by
Union Members
There shall be no restriction on the use of machinery, tools, or appliances
used in connection with the installation of work coming under the juris­
diction of the members of the [union] provided that if power pipe cutting
and threading machines are to be used on the job or in the shop of the
contractor, such power pipe machines will be operated by journeymen
of the [union].
99. Management Prerogative Clause Includes Right to Use Improved Equip­
ment or Methods
The management of the company and the direction of the working force,
including the right to hire, transfer, promote, demote, or the right to relieve
employees from duty because of lack of work, or other legitimate reasons
and the right to use improved equipment or methods shall remain with
the company. The above listed management functions shall not be deemed
to exclude other management functions not listed.
100. Right to Introduce Labor-Saving Devices Provided Not Inimical to
Employees* Health and Safety
The employer shall be free at his discretion, and without interference
from the union, to introduce labor-saving devices and to institute methods




TECHNOLOGICAL CHANGES

35

of handling any work coming under the jurisdiction of this agreement,
provided that they are not inimical to the safety and health of employees.
101. Use of Labor-Saving Equipment Conditioned by Effect on Employees*
Safety, Health, Earnings, and Employment. Disputes Subject to
Arbitration
It is agreed that the employers shall be free so far as they desire to
do so to place into immediate use all labor saving devices and labor saving
equipment; and the employers shall at all times in the future be free,
without interference from the union or its members, to introduce such labor
saving devices and to institute such methods of loading and discharging
cargo as they consider to the best conduct of their business, provided such
methods of discharging and loading are not inimical to the safety or health
of the employees.
If at any time the union shall notify the employers that it contends that
earnings of registered longshoremen and their employment have suffered
materially from the introduction and use of labor saving devices and methods
in addition to those already used and practiced in the past, then it is
agreed that proposals relative to the conditions under which labor saving
devices and practices shall be continued will be a proper and appropriate
subject for negotiation and if the parties cannot agree for arbitration
before the impartial chairman, upon the establishment that there is reason­
able compliance with this agreement and that the following conditions
then exist:
(1) That the use of labor saving devices has been materially increased
beyond the uses heretofore practiced;
(2) That such increased use has materially and adversely affected
the earnings and employment of registered longshoremen on the Pacific
Coast;
(3) That the union and its members have not interfered with and
are not interfering with the introduction of labor-saving devices by
employers;
(4) That efficiency in longshore work has been materially improved
as a result of such use.
102. Method of Production or Use of Machinery Subject to Grievance
Procedure
In the interest of progress and the development of business of the
company, nothing in this agreement shall be construed as taking away
from the company its right to regulate the method of production or the
kind of machinery, apparatus, equipment, and new processes used.
[The preceding paragraph] of this article shall be subject to the grievance
procedure incorporated in this agreement under article V.
N ote : Article V, Grievance Procedure, provides for arbitration of “ any
dispute, difference and grievance between the parties, arising under the
terms of this agreement, but not including any desired or proposed change
in the terms of this agreement.”

103. No Arbitration of Company Right to Initiate Technological Changes
The arbitrator shall not render decisions on the right of the company




36

COLLECTIVE BARGAINING PROVISIONS

to initiate technological changes which have been initiated in accordance
with the provisions of this agreement.
104. Union Recognizes Company Right to Install More Efficient Equipment.
Cooperation on Performance Pledged
The union agrees that it is the sole responsibility of management to decide
on such matters as improvement in equipment, methods, process, materials,
supplies, etc., in order to maintain a good competitive position. The union
further agrees that its officers and members will cooperate with the com­
pany’s efforts to maintain high standard of performance from the stand­
point of quality and quantity of work. Also, it is recognized by the union
that the company has the right at all times to install better and more
efficient equipment, methods of handling work, or work schedules as may
be developed.
105. Union Cooperation in Use of Methods to Reduce Unit Costs and in
Use of Facilities
The unions agree to give full cooperation to the establishment and use
of rates and methods to make it possible to reduce unit costs and maintain
and/or increase employees’ earnings.
The unions also agree to cooperate fully in the effective use of the facilities
provided.
106. Pledge by Union and Members to Cooperate on New Equipment
The union agrees that it will do everything within its power to cause the
employees covered by this agreement, individually and collectively, to perform
and render efficient work and service, and that it and its members will
wholeheartedly cooperate with the management in the introduction or opera­
tion of new equipment or changes in processes or production methods.
107. Union Cooperation Pledged in Installation of Technological Changes
The company has the right to determine job procedure and methods and
to put in technological improvements and the union will cooperate in any
work to improve plant operations.
108. No Union Opposition to Modem Methods and Machinery
The union pledges itself to encourage efficient operation to maintain
production at its highest level, and that it will not interfere or oppose the
introduction of modern methods and machinery.
P R O H IB IT IO N OR RESTRICTION OF T E C H N O L O G IC A L C H A N G E

A number o f agreements forbid, restrict, or regulate the use of
specified tools, equipment, or appliances, or the introduction of
new processes, equipment, or machinery.
109. Ban on New Processes, Equipment, or Machinery Waived in Event
of Strike
The [employer] agrees that it will not, during the life of this agreement,
introduce any new processes, equipment, or machinery used as an evolution




TECHNOLOGICAL CHANGES

37

of or substitute for current * * * processes, equipment, or machinery without
consent of both parties hereto, but should any strike or similar work stop­
page occur during the term of this agreement the [employer] may cancel
this contract and the above obligation as regards new processes, equipment,
or machinery, shall thereupon cease.
The union shall have the right to engage in a strike or similar work
stoppage if such new processes, equipment, or machinery are introduced in
violation of this section.
110. Machine Prohibited Unless Six Handworkers Fully Occupied
No Hoffman or similar pressing machine shall be installed or used in
any factory where less than six hand pressers are working and unless the
presses are fully supplied with work.
111. Minimum Crew Complement Specified for New Machines
When the automatic autoplate machine and its shaver are in use and
being operated, in order to insure the safety of our members not less than
four journeymen members shall be employed to operate same. When said
automatic autoplate machine and its shaver are in operation the four men
shall devote their whole time to such operation only.
When both ends of a double automatic autoplate machine and its shaver
are in use and being operated to capacity production, in order to insure the
safety of our members and efficient production, not less than eight journey­
men members shall be employed to operate same. When both ends of this
machine and its shaver are in operation the eight men shall devote their
whole time to such operation only.
112. Prohibition on Use of Spray Machine
Employer agrees that the use by an employee of a spray machine or gun
with oil paint, or that dipping in oil paint or any other method shall be
prohibited.
113. Limitations on Use of Spray Machine. Double Time Paid When Used
The use of spraying machines will be permitted only in lacquer, which
is to be applied only on furniture and fixtures, and on such surfaces where
paint cannot be satisfactorily applied with an ordinary brush, such as wood
lattice, metal plaster lathe, rafter ceilings 16 inches on center, radiators,
furniture, rough type of acoustic materials, and cinder blocks. All other
spray work must be approved by the representative of district council
No. * * *. The operator of spray machine shall receive double time. No
dipping will be allowed.
114. Conditions for use of Spray Machine: Safety and Health Devices Used;
Health Regulations Observed; Permit Obtained and Posted
The councils and/or local unions are opposed to the use of the spray
machine in the * * * industry and their rules and laws require that “ no
member of the organization shall accept employment requiring the use of
the spray machine.” Due to the opposition of the councils and/or local
unions a complete elimination of the spray machine was imminent and only
after days of conference during which an examination and analysis of
conditions were made, did the associations and/or chapters prevail upon the




38

COLLECTIVE BARGAINING PROVISIONS

councils and/or local unions to agree to spraying to a limited extent as
hereinafter set forth.
It is recognized that unless regulated the use of the spray equipment is
injurious to the health of the men concerned. However, it is agreed that
in the instances herein specifically mentioned (which the parties agree are
less hazardous although still involving danger to the men) the use of the
spray equipment shall be permitted provided that every reasonable device
and method be adopted to minimize the danger and hazard to the men
involved and that all appropriate regulations of State and municipal depart­
ments, commissions and health officers are observed including the rules
and regulations of the industrial accident commission.
No spray painting will be permitted under any circumstances until a
spray permit is posted on the job in plain view.
Permits for spraying can be secured from the local joint committee. Said
permits will consist of a regular printed form in triplicate and will contain
spaces for any and all information required. All permits shall require two
signatures, one (1) from the local joint committee and one (1) from the
district council or local union.
115. Restriction on Size and Use of Paint Brushes
On ceilings and wall surfaces, exterior or interior such as plaster, concrete,
wall board, plywood, and roofs of all types, the wall brush shall not exceed
Six and one-half (6.%) inches in width; on all other surfaces the brush
shall not be more than four (4) inches in width (commonly known as
No. 35 stucco brush). No brush larger than eight (8) inches shall be used
in applying water paint.
No roller stipplers shall be larger than seven and one-half (7% ) inches
in width.
No brush larger than two and one-half (2% ) inches in width shall be
used in the painting of sash.
U N IO N PARTICIPATION IN T ECH N O L O G IC AL CH AN G ES

A number of agreements require that technological changes
shall be discussed in advance with the union, or that the union
shall be notified in advance, but negotiation is not specified or
required. In some instances, advance union approval is required.
The notice period enables the union to gage the effect o f the new
process or machine on its membership in terms of work load,
earnings, seniority adjustments, physical condition o f work, and
the like. Some agreements provide for joint designation o f the
particular workers who are to operate the new machinery.
116. Discussion with Union on Methods Change; Company Retains Final
Decision “ Within Reason”
When there is a change of method contemplated by the company, an
opportunity shall be given to the union to discuss the matter, if they so
desire, but final decision as to the change, and the time of putting same
into effect, shall be with the company within reason.




TECHNOLOGICAL CHANGES

39

117. Consultation with Union on Introduction of Technological Change.
Disputes Arbitrable
Before such (technological) changes are made effective they shall be
discussed with the director of the * * * division of the * * * union in order
that he may be sufficiently familiar with the procedure to enable him to
gage the work loads and earnings of the employees engaged in the new
operation.
In supplying the * * * the information regarding the change and the
reduction in the number of jobs in the department in which the technological
change occurs, the company will also furnish, when possible, approximate
information as to the effect of the change on the number of jobs in other
departments affected by the same change.
Before the company submits a technological change to the national director
or his representative the local plant management will inform the local
union of the change in detail, following which the technological change in
its final form will be submitted to the national office of the union with
copies to the local business agent. The union will submit an answer to the
company within twenty (20) days after the receipt of the formal request.
If the company initiates the change following the twenty-day period given
the union to prepare its answer but prior to agreement on a completely
satisfactory working basis for the new operation or new method, the remain­
ing differences between the parties may be referred to arbitration.
118. Methods Changes Submitted to Local Union; to International Union;
to Arbitration
The management of the business of the company, the direction of its
working forces, the schedules and quantities of production and the methods,
processes, and means of manufacturing, are prerogatives of the manage­
ment.
It is understood that no provisions of this paragraph shall in any way
interfere with, or abrogate any rights conferred upon the union or its mem­
bers, by any other clause contained in this agreement.
In cases where changes in methods of manufacturing or increase in
production are contemplated by the management, the company will submit
such changes to the top official of the local union. Where the union claims
that any such change will result in more than a fair day’s work for the
employees involved, such change shall be submitted to a person designated
by the top official of the parent body of the local union and to a person
designated by management, in an effort to reach an agreement. Where both
officials fail to reach an agreement, they shall choose a mutually satisfactory
third person as arbitrator of the dispute. His decision shall be final and
binding on both parties.
119. Advance Discussion with Union Before Installation of Technological
Change. Employer May Initiate Change for Trial Period, Subject
to Negotiation and Arbitration If Union Disagrees
Management shall first inform the union of the fact that a change is
to be made, of the approximate date of its installation, the nature thereof,
proposed duties and job assignment, and the expected earnings on a mutually
agreed upon form. The parties shall meet and discuss the proposal at least




40

COLLECTIVE BARGAINING PROVISIONS

two (2) weeks before the day fixed for the institution of such change. The
employer will furnish all information which is necessary to a complete
understanding of the proposed change.
The employer may install the proposed change for a trial period of four
(4) weeks which may be extended by mutual agreement. During such trial
period, the employees shall be paid no less than their previous average
hourly earnings for the previous quarter, as established by the social security
records. In the event final agreement during or subsequent to, the trial
period results in higher rates of pay, the employees shall be paid retro­
actively to the date of assignment to the job. Within fifteen (15) days of
the expiration of the trial period the union, if dissatisfied, may present a
written statement of its grievances, and if same shall not be satisfactorily
adjusted by negotiations between the parties within five (5) days thereafter,
the matter may be submitted by the union to arbitration for final and bind­
ing decision.
120. Union Informed of Technological Changes and Lay-offs for Changed
Working Conditions Resulting, Prior to Installation
The company shall have the sole right to make such technical and other
changes in their manufacturing operations as they deem necessary for
efficient operation. However, prior to the installation of any such changes,
the company shall explain the contemplated changes to the designated repre­
sentatives of the union. In the event the introduction of any new process
or machinery results in lay-offs or changes in working conditions, these mat­
ters shall also be discussed with the designated union representatives prior
to their introduction.
121, Procedure for Changes in Work Assignment or Technique Includes
Experimental Period, Trial Period, Pay Guaranties
Experimental Period.—Any change in work assignment or techniques of per­
forming the job shall be preceded by an experimental installation involving
not more than fifteen (15) percent, but not less than two (2), of the regular
workers employed on the operation. The specific operators, who shall be
regular workers employed on the occupation and used during the experi­
mental period, are to be mutually agreed upon; or, in the event of failure
to agree upon the operators to be employed in the experiment, the union and
the company shall select an equal number.
During the experimental period, the company shall test the proposed
methods of job performance, the operating conditions, contemplated assign­
ments, and make such other studies as the company may deem necessary,
and develop a course for job training where changes occur in job duties and
work methods and all other phases of the proposed new assignment.
Notice of the desire by the company to experiment, as provided above,
shall be sent to the union at least eight (8) days in advance of the experi­
ment to permit them to make nomination of workers to be used in the
experiment.
Trial Period.— Should the company, following an experimental period, pro­
pose a change in job assignment in accordance with the method established in
the experimental period, the company shall give the union 2 workweeks'
notice of such change, or less time if 2 workweeks is impracticable. Follow­
ing receipt of such notice, there will be a discussion between the company




TECHNOLOGICAL CHANGES

41

and the general shop committee within seven (7) days, if requested by the
general shop committee, in an effort to reach mutual accord with reference
to the proposed change.
If, after a discussion of the notice of proposed change, there results a
difference of opinion that cannot be adjusted, the union and the employees
agree to accept such changes as proposed by the company, with the under­
standing that any adjustments that may be necessary will be made by the
company as rapidly as conditions will permit and any adjustments that may
be necessary in wages will be retroactive to the start of the trial period.
The union and the company agree that such change or changes will be
accepted on a trial basis for four (4) weeks from the time the changed work
assignment is actually installed, following the experimental period as pro­
vided below.
During the first two (2) weeks of such trial period, all employees involved
will be guaranteed their previous individual average hourly earnings. During
this 2-week period, the company agrees to check the actual operating con­
ditions and frequencies against the standard specifications for the job; and
further agrees that if the operating conditions and frequencies are not up
to standard, then the trial period with guaranteed average hourly earnings
will continue until such time as such operating conditions and frequencies
conform to the specifications for the job.
Information relative to the operating conditions and frequencies and their
degree of conformance to the proposed specifications shall be supplied to
the general shop committee at an appropriate time prior to the end of the
completion of the above trial period.
It is contemplated under this section that, when the actual operating
conditions and frequencies conform to the specified standards, there shall
be a further 2-weeks’ trial period without the guaranty of average hourly
earnings. After this time, the union, if it is dissatisfied, may file a grievance
within fifteen (15) working days respecting the new work assignment;
otherwise, the union’s objections shall be deemed abandoned. Should the
parties fail on agreement with respect to the dispute over any new work
assignment, following a completion of the trial period, the employees agree
to remain on the job in dispute under the same work and pay conditions as
under the trial period, and the matter may be referred to arbitration under
the provisions of this agreement.
No work assignment agreed upon or fixed by arbitration may be ques­
tioned or changed by either party within six (6) months after said agreement
or arbitration decision is made, unless conditions change to such extent as
would make reopening justified.
Pay Guaranties.— Workers employed during the experimental period on any
experimental job or assignment or during the guaranteed pay portion of
the trial period shall be paid no less than their individual average hourly
earnings for the 4-week period immediately preceding their assignment to
the experiment or trial job, or a more appropriate agreed upon period.
122. Joint Discussions Prior to Change in Job Classification as Result of
Major Changes in Methods or Equipment. Existence of Major Change
Arbitrable
The company shall not be required to employ more than the minimum
number of employees necessary to efficiently operate the plant, and it is




42

COLLECTIVE BARGAINING PROVISIONS

recognized that if processes, methods, or equipment undergo a major change
or the volume of operations in any department is substantially curtailed, it
may be necessary from time to time to create, modify, consolidate, or elimi­
nate existing or future classifications or duties. Any such change shall be
made only after the company and the workmen’s committee have discussed
and endeavored to reach an agreement on such change. The question as to
whether or not a major change or substantial curtailment has been made
shall be subject to arbitration as provided in article * * *. (N ote : See
appendix No. 2 below.)
This shall not be interpreted to prohibit minor changes in jobs made
necessary by minor changes in operations provided such changes do not
result in the elimination of any job.
123. Change in Production Methods Affecting Wages and Work Load Made
Only Through Collective Bargaining
Any change in methods of production as affecting wages, wage rates,
work load, changes from operation to another or fixing of prices for new
piece rates, shall be made only through collective bargaining between rep­
resentatives of both parties hereto.
124. Joint Agreement on Wages, Hours, and Working Conditions Before
Labor-Saving Machinery Operated Permanently
No labor-saving machinery shall be put into permanent operation until
the union and the company have mutually agreed to the wages, hours, and
working conditions pertaining to the particular device to be installed.
125. Joint Determination of Wages and Manning on New Machines Prior
to Their Operation. Disputes Arbitrable
If during the life of this agreement presses of sizes or types not covered
by this agreement shall be installed, the rate of wages and the manning for
such presses shall be determined prior to operation by mutual consent or, on
failure to agree, be settled by arbitration.
126. Joint Determination of System, Classification of Work and Rate of Pay.
Disputes to Grievance Procedure
Upon the introduction of any new type of machine or work into the plant
of the company, the company and the union involved shall determine by
agreement what system and classification of work and rate of pay it shall
be placed under. In the event of failure to agree, the matter shall be taken
through the grievance procedure.
127. Joint Approval for Creation of New Crafts Required
No new crafts subject to union jurisdiction are to be created except with
the joint approval of the employer and the union.
128. Joint Negotiations on Wages and Working Conditions for Employees
on New Equipment and on Dismissal Pay for Displaced Employees
The employer shall give the union reasonable notice prior to the installa­
tion for permanent use of any method of transmission which is revolutionary
as contrasted with the present methods of transmission of its news and
picture report. Employees shall be given reasonable time together with access




TECHNOLOGICAL CHANGES

43

to facilities for acquiring necessary skill or knowledge* Employees who are
competent to operate or maintain the new method of transmission shall be
given preference for any of such positions in accordance with their seniority.
Preliminary training pay, regular wages, hours, and working conditions with
relation to positions so created shall be the subject of negotiations between
the union and the employer, in behalf of those employees who are considered
for or are retained to perform duties in connection with the new method of
transmission. The employer and union also will negotiate an equitable dis­
missal indemnity arrangement for those employees who unforeseeably may
not be retained for such new work, the union and management having agreed
that the benefits in such circumstances should be greater than those provided
in paragraph Seventh-B [Dismissal Indemnity].
129. Joint Regulation of Use of Labor-Saving Machinery
The wages of the workers and the regulation of the use of labor-saving
machinery, such as pressing, basting, felling, and button sewing machines,
shall be adjusted by the [employer’s] council and the union through the
processes provided in this agreement.
130. Joint Industry Board to Adopt Rules to Mitigate Effect of New Ma­
chinery
The administrative board and/or administrator shall adopt rules and
regulations in connection with the introduction of new machinery in the
industry, in order that workers shall not suffer any undue hardships.
131. Operators of New Machines Designated by Mutual Consent
Where machinery substitutes hand work, the employees of the particular
operations affected shall receive the preference to operate the machinery.
The union shall be notified of such contemplated changes at least 5 days in
advance. The operators required to operate the machine shall be designated
by mutual consent.
132. Union-Management Designation of Employees to Be Retained in Event
of Technological Change
To forestall the possibility of displacements resulting from technological
changes leading to the manning of the company’s departments by less capable
employees, the company and the union will endeavor to agree upon and
designate the employees to be retained.
RATES AN D W ORK LOADS ON.JOBS AFFECTED B Y TECHNOLOGICAL CHANGES

Union participation in the introduction of technological change
is most frequent in the establishment or revision o f rates and
work loads because of changes in job requirements. This is par­
ticularly true if a company has a piece rate or wage incentive
system. Agreements often provide for rate revision if the workers’
productivity is substantially affected by a direct change in the
technical conditions o f operation, such as the introduction o f new
machinery or new methods o f production.




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COLLECTIVE BARGAINING PROVISIONS

The general procedure appears to be for management to notify
the union of the proposed changes and then to negotiate with the
union on all matters affected. In some instances, the notification
to the union must contain details of all the changes proposed—
rates o f pay, work load, etc. The results of the negotiations are
tested during a trial period, and, after further and final negotia­
tion, any remaining differences are often arbitrated. Although
some provide that the parties shall “ negotiate” again after the
trial period, others specifically channel union action through the
grievance procedure.
133. New Machinery or Process Operated by Union Journeymen; Rates Set
by Joint Committee
It is further agreed by the employer in the event of the adoption or in­
stallation of new and improved * * * machines or processes or the substitution
of machines or processes for any at present in use for producing * * *
work, that such machines must be operated by journeymen members of
said union, at a scale of wages to be determined by a joint commission of
four (4) members, each party hereto choosing and appointing two members
hereof.
134. Wage Rates Discussed with Union Committee
Should new machinery be installed, or should changes in methods be
adopted, new rates will be discussed with the union committee.
135. Joint Negotiation of New or Changed Rates Resulting from Installation
of Labor-Saving Devices
When and as occupations are created not listed on the attached wage
schedule, or existing occupations are modified, whether by reason of the
installation of labor saving devices or by the introduction of new processes
or rearrangement of existing processes, the rates for such occupations shall
be established by negotiation.
136. Minimum Wage Rate for New Machine Subject to Arbitration
Where a department or men in a department are displaced by the intro­
duction of new machinery, the employees oldest in the service so displaced,
shall be given preference on such machinery, subject to competency. The
minimum wage for such machine operators shall be a subject matter for
arbitration, in the event that the same becomes a controversy, between the
parties hereto, and settlement is not previously effected by the procedure
hereinafter set forth.
137. Rate Set on New Process by Joint Industry Committees and by Arbitra­
tion, I f Necessary
Any manufacturer, during the life of this contract, shall have the right
to introduce and use any method or methods, system or systems, or parts
thereof pertaining to any department of the factory, including the competitive
system or part thereof, provided however, that before using same, such
manufacturers, through the labor committee of the employer, shall submit




TECHNOLOGICAL CHANGES

45

in writing to the joint advisory board, a detailed description of any such
method, or methods, system or systems, or parts thereof, and rules and
regulations for the use thereof, which such manufacturer desires to put into
use. Thereupon, the joint advisory board and said labor committee shall meet
for the purpose of fixing and establishing a price or wage scale thereon,
and if such parties are unable to agree within five working days from the
date of the delivery of the said description of the same, or in the event said
joint advisory board fails or refuses to meet said labor committee within
said time, a wage scale therefore shall be established by an arbitrator as
hereinbefore provided for, said arbitrator so appointed to immediately con­
duct a hearing thereon and within 10 days after the closing of the taking
of testimony thereon said arbitrator to render his decision and award, and
such decision and award to be binding and effective on all parties and all
parties agreeing to abide by same. Said arbitrator to have the right to
limit the time within which said parties shall introduce their testimony and
also the right to limit the evidence submitted by each of the parties. In the
event the parties fail to agree on fixing prices or said joint advisory board
fails or refuses to act within the time prescribed then, in either event, such
act shall constitute a submission of the question involved to arbitration.
138. Time Study Engineer Hired Jointly to Determine Rates on New or
Changed Operations
Where new styles are introduced, and on operations for which no piece
rate has been established under this agreement, including cases arising
because of change in equipment, method, production, material, design, pro­
duction conditions or production standards, the piece rate shall be determined
as follows:
A joint committee composed of members from the [employer] and members
from the [union] shall be established and it shall be authorized to:
(a) Engage a time study engineer whose salary shall be paid jointly
by the [union] and the [employer] and who will either be on a part-time
or full-time basis, operating out of and under the guidance of the office
of the impartial chairman.
(b) This joint committee shall meet and negotiate the earnings level
to obtain for each new style or operation for which no piece rate has
been established under this agreement. Failing to reach agreement, the
question of earnings level shall be submitted to the impartial chairman
for a decision as in the case of 15 and 20 denier nylon— Decision Series

TJ-12.
(c) The joint committee shall determine those elements and job classi­
fications which shall be submitted to the engineer for study. The elements
and job descriptions shall be circulated to the mills and local unions
selected for the study.
(d) Upon completion of the time study, the engineer shall recommend
to the joint committee, that rate for the new style, etc., which should
obtain the earnings level agreed upon. The joint committee shall then
negotiate on the recommended rate and failing to agree, the decision
shall be made by the impartial chairman who shall be present during
all of the negotiations so that an immediate decision may be rendered.
(e ) When the piece rate is determined and made effective either side
may ask for a re-check of the rates from 10 to 30 working days there­



46

COLLECTIVE BARGAINING PROVISIONS

after, and if, upon the re-check, it is found necessary to increase or
decrease the rate, the adjusted rate shall be retroactive to not more than
two (2) weeks prior to the date of the decision.
139. Company Sets Rate and Manning Scale on New Machinery for First
6 Months; Rates Finally Set by Joint Negotiation or by Arbitration
Retroactive to Date New Machinery Installed
The complement of men on existing equipment for the period of this con­
tract shall be as presently determined under the existing operating practices
of the company without change.
For the first 6 months of operation on new and altered equipment the
company shall set a rate and a complement of men which should prevail
during this first 6 months.
The company and the union shall try to mutually agree during this first
6-month period on the wage rates and the complement of men which will be
permanently established. If they fail to agree, an umpire shall be mutually
agreed upon by the parties. Any new rates adopted shall be retroactive to
the date of the installation of the new and altered equipment, and the expense
of the umpire proceedings shall be shared between the company and the union.
140. Step-by-Step Procedure, Including Arbitration, for Revised Incentives
Resulting from Technological Changes, Retroactivity Specified
The company shall establish new incentives to replace existing incentive
plans when they require revision because of new or changed conditions
resulting from mechanical improvements made by the company in the
interest of improved methods or products, or from changes in equipment,
manufacturing processes or methods, materials processed, or quality of
manufacturing standards.
Such new incentives shall be established in accordance with the following
procedure:
(а) Management will develop the proposed new incentive;
(б) The proposal will be submitted to the grievance or assistant
grievance committeeman representing the employees affected for the
purpose of explaining the new incentive and arriving at agreement as
to its installation. Management shall, at such time, furnish such explana­
tion with regard to the development and determination of the new
incentive as shall reasonably be required in order to enable the union
representative to understand how such new incentive was developed and
determined and shall afford to such union representative a reasonable
opportunity to be heard with regard to the proposed new incentive;
(c) If agreement is not reached, the matter shall be reviewed in
detail by a designated representative of the grievance committee and
management for the purpose of arriving at mutual agreement as to
installation of the new incentives;
(d) Should agreement not be reached, the proposed new incentive may
be installed by management and the employees affected may at any time
after 30 days, but within 60 days following installation, file a grievance
alleging that the new incentive does not provide equitable incentive
compensation. Such grievance shall be processed under the grievance
and arbitration procedure of this agreement. If the grievance be sub­
mitted to the arbitration procedure, the board shall decide the question



TECHNOLOGICAL CHANGES

47

of equitable incentive compensation and the decision of the board shall
be effective as of the date when the new incentive was put into effect.
141. Trial Period Specified Before Setting New Rates. Retroactivity Estab­
lished
In placing into operation any new machinery, apparatus, process, or
equipment in existing plants covered by this agreement, a trial period of
production, not to exceed four (4) months, will be permitted to elapse before
the new wage rates are established. When such new rates are established
the same will be retroactive to the date when such new jobs or processes
were placed into operation.
142. Earnings on Displaced Job Considered Determining Factor in Estab­
lishing Rate on New Machinery
The rate on such new machinery shall be established by agreement between
the shop steward, business manager of the union, and the management of
the individual plant. In the event of disagreement, the controversy shall be
submitted to arbitration, at which time the previous earnings on the job
displaced shall be considered as a determining factor in establishing the
job rate.
143. Company to Increase Rates When Technological Change Results in
Increased Work. Disputes Arbitrable
In the interest of more efficient production, the employer reserves the right
to install new machines or improved methods of production, provided it does
not adversely affect the physical or mental conditions of the employees or
cause undue fatigue, and to determine the manner of payment for labor from
time to time as needs arise. The employer also reserves the right to be the
sole judge of quality of the products required. It is provided that none of
the above procedures shall result in reduced earnings. Should the installation
of new machines or improved methods of production result in an increased
burden of work to the employee or employees involved, added compensation
commensurate therewith shall be granted by the employer. It is also agreed
that any controversy arising from the foregoing shall be subject to settle­
ment through the grievance and arbitration procedure provided herein.
144. Average Hourly Earnings Not to Be Cut by Use of Modem or Improved
Machinery
The union recognizes the necessity and subscribes to the principle of
maintaining modern methods and equipment for the purpose of keeping the
company competitive and agrees that it will not interfere with this progress
provided, however, that the past average hourly earnings of employees who
remain in the same job are not reduced by such methods, equipment or re­
arrangement of equipment.
The union recognizes that a high level of wages can be maintained only
by attaining a high level of productivity. The union and its members will
cooperate with the company in attaining the highest level of productivity
consistent with the health and safety of the employees. The union and its
members will assist in effectuating economies and the utilization of improved
methods and machinery.




48

COLLECTIVE BARGAINING PROVISIONS

M IN IM IZ IN G EFFECTS O F TE C H N O L O G IC A L C H AN G ES

Protective measures aimed at minimizing labor displacements
due to technological change vary considerably. They include (1)
the prohibition of dismissal and (2) the transfer o f workers
from the job or machine which has been eliminated by the change
to the new job created. Usually, such transfer is accompanied by
some definite wage policy on the new job.
Retraining o f workers whose skill or occupation has become
modified or obsolete as a result o f technological change is some­
times provided, usually at the employee’s regular rate o f pay. If
the change reduces the number of jobs, employees affected may be
transferred to different jobs in order to avert lay-off; sometimes
the necessary training is given for such other jobs. If vacancies
are not available, displaced workers may be given priority in
filling any future vacancies. For workers actually displaced, dis­
missal pay is sometimes specified. (See Bulletin No. 908-5, Dis­
charge, Discipline and Quits; and Dismissal Pay Provisions).
NO DISMISSAL OF EMPLOYEES AFFECTED

145. No Dismissal of Permanent Employees Because of Mechanization. Six
Months9 Training at Company Expense on New Machines. No Wage
Change During Training; No Pay Cut on New Job
No permanent employee of the company shall be dismissed by the company
during the life of this agreement because of mechanization or technological
changes.
In the event the company should introduce new methods o f operation re­
quiring new or greater skills than possessed by its employees under the
present methods of operation, such employees shall, at company expense, be
given a minimum period not to exceed 6 months during which to perfect or
acquire the skills necessitated by the new methods of operation. There shall
be no change in salary during the training period of any such employee and
no reduction in pay upon being reclassified in the new position.
Should the introduction of new methods of operation create a need for
the perfection or acquisition of skills requiring a training period longer than
6 months the additional training time shall be the subject of discussion
between the company and the union.
146. No Lay-off of Regular Employees Because of Mechanization
No regular employee (as distinct from temporary, occasional, or term)
shall be laid off as the result of any dial cut-over.
M AINTENANCE OF PREVIOUS EARNINGS

147. Changes in Process, Method or Equipment Not to Result in Lowered
Earnings
Nothing in this agreement shall abridge the rights of management in the
employment of qualified personnel, the dismissal of employees for just cause




TECHNOLOGICAL CHANGES

49

and the rearrangement of work processes or methods of economy and effi­
ciency, providing, however, in no case shall the past average straight time
earnings be reduced by time studies or rearrangement of work processes or
methods or equipment. Until an accepted rate is placed on the job, the
operator shall receive his past average earnings.
148. Rates Set for New Equipment to Yield Earnings Based on Previous
12 Weeks
It is agreed that the union is to cooperate with the employer to the fullest
possible extent in the introduction of new or improved methods or equipment
and to see to it that fullest possible advantage shall be taken in the intro­
duction of this new equipment or new methods thereby affecting the saving
to the employer for which they are intended. When any new equipment or
manufacturing methods replaces existing equipment or manufacturing meth­
ods, the rates shall be so set that employees transferred to this new equip­
ment or manufacturing methods shall be able to earn the average earnings
that the group received previously on the equipment or manufacturing
methods replaced. The average rate which the employee will earn on the
operation will be determined from the average hourly piece work earnings
which the employee earned for twelve (12) weeks prior to that time, and
if on the new operation, the employee does not earn the average rate allotted
to him through the new piecework rate, the difference shall be made up
by the employer. This rate adjustment, however, will be paid for at least a
4-week period and until the piecework rate is set. Any additional old em­
ployees working on the new equipment after the piecework rate has been
established will be allowed a 4-week rate adjustment.
PRIORITY IN TRANSFER TO N E W MACHINES

149. Senior Employees on Old Machines Transferred to N ew; Paid “ Average
Rate of Pay” Until New Rate Set
Whenever new machinery is introduced to replace old machines, the com­
pany agrees to transfer the operators from the old machines with the longest
seniority to the new type machines, and they shall be continued at their
average rate of pay until such time as a new rate of pay is established.
150. Preference on New Machinery to Employees Affected; Displaced Em­
ployees Given Preference on Other Available Jobs Provided They
Do Not Displace Other Regular Employees
Where a department or employees in a department are displaced by the
introduction of new machinery, employees with the greatest length of con­
tinuous service on the operation displaced capable of performing the work
required after reasonable trial shall be given preference in employment on
such machinery. Employees who may be displaced by the introduction of such
new machinery shall be given preference in employment as the needs of the
employer may require, without displacing other regular employees, at such
other employment as they may be capable of performing.
151. Employees Affected by Changes Given Opportunity to Learn New
Operation and Prove Competency
In the event of the introduction into the production office of any office
machinery not heretofore employed by the employer, the employer if at



50

COLLECTIVE BARGAINING PROVISIONS

all possible, shall, within a reasonable time prior to its installation, inform
the union of such intention so that any of the permanent office employees
likely to be affected by such change shall have the opportunity to prepare
themselves for the operation of such new office machinery. In the event that
the introduction of such office machinery shall only require a brief breakingin period, the employee affected shall be given the opportunity to prove his
or her competence with reference to it.
152. Employees Given Training on New Equipment; Paid Their Prevailing
Rate
The company agrees that when for any reason changes in its operating
methods or practices require additional knowledge and skill on the part of
its employees, such employees will be given opportunity to study and practice
to acquire the knowledge and skill necessary to retain their employment,
provided the individuals can qualify for the new work within a reasonable
training period. The company agrees to furnish the necessary instruction
at the employee’s prevailing rate of pay.
153. Specified Workers Given Opportunity to Learn New Equipment Without
Change of Classification or Rate
If new equipment is put into service by the company, inspectors, lead
mechanics and mechanics shall be given every opportunity to become familiar
with the new equipment without change of classification or rate.
PREFERENCE IN VACANCIES TO DISPLACED EMPLOYEES

154. Displaced Employees Have Preference for Vacancy in Other Depart­
ments
Any worker who is displaced from his job by virtue of technological
improvements will be given the first opportunity for vacancy in other depart­
ments.
155. Preference to Technologically Displaced Employee in Filling Vacancies
for Which Qualified
If, during the term of this agreement, the [employer] dismisses any em­
ployees for economy purposes or in connection with technological changes,
the [employer] will give preference to such employee in filling a vacancy for
which he is qualified.
156. Effort to Transfer Displaced Employees, by Seniority, to Work of
Equal Earning Opportunities
Where technological changes are made, which reduce the earnings or
employment opportunities of the employees covered herein, every effort shall
be made to transfer displaced employees to other work of equal earning oppor­
tunities. Such transfers shall be made on a seniority basis and when no
further transfers can be made the junior employees remaining in the surplus
group shall be separated from the service as provided in article VIII of this
agreement (Lay-off Procedure).
157. Minimum Service and Maximum Training Time Prerequisite to Trans­
fer to Avoid Technological Displacement
When an engineering or technical change reduces the force of any opera­
tion or a job becomes nonexistent for any reason, plant-wide seniority shall




TECHNOLOGICAL CHANGES

51

be used provided the employee affected has one or more year’s plant service.
Such an employee shall be transferred in his plant to an occupation indicated
on his employment record or one he can efficiently perform after ten (10)
actual working days.
158. Transfer to Other Department to Avoid Technological Displacement
Limited to 5-Year Men. I f Only Part of Own Department Affected,
May Replace Junior Employee, I f Able to Do Work
An employee who is displaced because of a major improvement, a major
change in process, or the permanent elimination of an entire operating unit
or department, shall:
(1) If he has more than five (5) years’ company seniority, be trans­
ferred to such suitable department within the bargaining unit as may
be decided by the company provided there are employees in such depart­
ment with less than four (4) years’ company seniority, and provided
he is able to do the work. In such case, the employee in the department
with the least company seniority shall be displaced. Such employee when
transferred shall assume the departmental seniority of the employee he
replaced, without prejudice to his seniority for any other purpose.
(2) If the cause of his displacement involves only part of the depart­
ment, he may use his company seniority to replace any employee with
less company seniority from a particular job in such department, pro­
vided he is able to do the work.
(3) The local union and local plant management may agree upon
such applications or modifications of this paragraph * * * as are suit­
able to any particular situation.
159. Ten-Year Men Transferred to Bottom of Promotion Schedule in Another
Department, Transferee Not to Bump 5-Year Man
Should any department in the factory be partially or permanently dis­
continued due to the installation of new machinery or technological changes,
then such employees who have been affected and who have ten (10) years
or more seniority in that department or plant shall be given opportunity for
transfer to the bottom of the promotion schedule in another department in
the same plant providing they are qualified and providing that the man
transferring shall not displace a man in another department with five (5)
years or more of plant seniority.
DISM ISSAL P A Y

160. Dismissal Pay on Displacement by Technological Change. Definition of
Technological Change
The employer will pay separation allowances to employees displaced by
technological changes upon the following terms and conditions:

* * * * * * * * * * * * * * * * * * * * * *
Any employee shall be considered displaced by technological change when
his job is discontinued because of:
1. Changes in plant or equipment, or
2. Changes in process operations, either of which causes the particular
job to be permanently abolished.



52

COLLECTIVE BARGAINING PROVISIONS

Displacement by technological changes shall not mean or include any
jobs temporarily discontinued because of trade conditions such as lack of
demand for any of the products the company may have been at any time
manufacturing. That is, abolition or discontinuance of a job due to tech­
nological change shall not be confused with furloughs brought about in
normal manners because production of any kind or variety of any product
by any department of the plant is not required by the company at the time
for the purpose of sale, use, or inventory.
161. Savings from Changes in Operating Methods Shared with Displaced
Employees. One-Year Preferential Reemployment Rights
No employee shall be dismissed for reasons of economy except upon the
occurrence of an emergency making such economy necessary. No employee
shall be dismissed because of reorganization for purposes of efficiency except
upon the occurrence of an extraordinary situation making such reorganiza­
tion necessary. The existence of such an emergency or extraordinary situation,
if not agreed upon by the [union] and [employer], shall be submitted to
arbitration. Employees dismissed pursuant to the provisions of this para­
graph * * * shall for 1 year be given preferential consideration when posi­
tions which they are capable of filling become available.
Where the introduction of changes in present methods of operation either
by machine or otherwise, in order to gain substantially greater operating
efficiency does not fall within [above] sub-section, and would result in the
elimination of some of the work available in a department, [employer] shall
find other work for the persons so displaced where such work is reasonably
available; in the event such other work is not reasonably available, an
equitable share of any saving effectuated, or equitable compensation for the
loss to be suffered by the employee shall be made with those for whom other
work is not available, and, in addition, such persons shall be placed for
1 year on a preferred employment list for reemployment before other persons
are employed on such jobs as their experience and abilities warrant and as
they are willing to accept.
OTHER SAFEGUARDS

162. Four Employee Options When Affected by Major Changes in Operating
Methods: Pension; Severance Pay; Transfer; Lay-off
If by reason of any major changes in operating methods in the * * *
division the company will be unable to provide work at the same regular
rate of pay in a comparable class of work for any employee in the seniority
area affected, the employee shall be given 30 days’ notice and shall have the
option, to be exercised within such 30 days, o f :
(1) Acceptance of pension if eligible;
(2) Acceptance of severance pay as hereinbelow outlined;
(3) Acceptance of transfer as hereinbelow outlined; or
(4) Acceptance of force reduction furlough as hereinbelow outlined;
provided, however, that if the company offers employment at a comparable
regular rate of pay to any employee under the provisions of subdivision (a)
above and such employee refuses such proffered employment, the company's
obligations under this section * * * shall terminate. The above options shall
be in addition to and not in lieu of any other rights under this contract.



TECHNOLOGICAL CHANGES

53

With respect to items (2), (3), and (4) in subdivision (6) above, the
procedure shall be as follows:
With respect to item (2 )— severance pay. Any employee may choose to
accept severance pay, if he has or will have 2 years or more of company
service some time during the year in which the change is effected, and such
choice shall terminate his service with the company. Severance pay shall be
determined on the basis of 4 weeks’ pay, at the regular rate of the position
last occupied, for every year of company service, and 2 days’ pay, at such
rate, for every full month of company service in excess of full years of
company service. Severance payment shall be made in a lump sum.
With respect to item (3 )—transfer. Any employee may choose to be
transferred within the bargaining unit to another seniority area in the same
department or to another major department, in a class of work for which
he qualifies, where his transferred seniority, as provided below, is sufficient
to provide him with work. Upon any such transfer the employee shall carry
with him 50 percent of his class of work seniority, limited to .5 years, pro­
vided that such 50 percent is greater than 18 months, but if such 50 percent
is 18 months or less, the employee so transferred shall in all respects be
considered as an employee transferred in the company’s interest and shall
come under the regular agreements pertaining to transferred seniority. Upon
any such transfer of an employee between offices in any two of the following
areas: New Jersey, New York City and Long Island (exclusive of New York
City), the employee shall be reimbursed for necessary moving expenses.
With respect to item (4 )—force reduction furlough. Any employee may
choose to accept a force reduction furlough. Employees so choosing shall
have the rights provided in section * * * hereof with respect to employees
subject to force reduction furlough, and shall have the further right, in
seniority order, within 2 years of the initial dates of their force reduction
furloughs, to return to service in the office from which they were furloughed,
and to their previous class of work or to a new job created by the new
methods of practices if a regular assignment is available for which they
qualify. Any employee who chooses to accept a force reduction furlough and
who does not exercise any right under section * * * hereof to displace an
employee with less seniority in a subordinate class of work and does not
return to service pursuant to the foregoing provisions of this paragraph
* * * does not by his choice of a force reduction furlough forfeit his right
to obtain such severance pay as he would have been entitled to obtain if he
had chosen to accept severance pay in lieu and at the time of his choice of a
force reduction furlough, provided he gives notice, before the expiration of
2 years following his choice of a force reduction furlough, of his desire to
change his option and to accept such severance pay.
If by reason of any major changes in operating methods the company is
unable to provide work for any employee who has not accumulated any
seniority in a seniority area covered by this agreement, such employee, if
transferred into the bargaining unit, shall not carry with him any class of
work, office, division, or other type of seniority.




54

COLLECTIVE BARGAINING PROVISIONS

163. Four Step Procedure: Advance Notice to Union; Employees Trained
on New Machine; Preference to Union Members; Joint Negotiation
on Wages, Hours, and Working Conditions for New Jobs
Employer shall give the union reasonable notice prior to the installation
for permanent use of any method of transmission which is revolutionary as
contrasted with the present method of transmission of news. Employees shall
be given a reasonable time together with access to facilities for acquiring
required skill or knowledge and the period of training shall be the subject
of negotiations between the parties at such time as the foregoing notice is
given. Members of the union, if competent to operate or maintain the new
method of transmission, shall be given preference for any such positions in
accordance with their seniority, ability, and fitness permitting. Wages, hours,
and working conditions with relation to the position so created shall be the
subject of negotiations between the employer and the union, in behalf of
those employees who are members of the union and who are retained to
perform duties in connection with the new method of transmission upon use
of such new transmission method.
A uthor’ s note : After the effective date of this 2-year agreement, the
employer “ agrees to employ * * * only members of the union.”




Index
U n io n -M an agem en t C o operation , P la n t E fficie n c y , and
T ec h n olog ical C hange




t* o oo oo oo

Clauses
Page
Plant efficiency and union-management cooperation:
Management responsibility for efficiency:
2
(1) Employer to install newest machines ................................
(2) Employer to furnish adequate machinery, working room,
and supervision. Damages assessed for noncompliance.
Employment of management and production specialists
2
provided ..............................................................................
(3) Maintenance of sufficient tool cribs to avoid undue waiting
3
(4) Improper distribution of unfinished work, resulting in
bottleneck, not perm itted....................................................
3
Union and employee responsibility and pledges of cooperation:
(5) General recognition of need for cooperation.....................
4
(6) Statement of rationale for pledges of cooperation..........
4
(7) Detailed pledge by union for itself and its members:
4
efficiency, production, quality, conservation ...................
(8) Union pledge on productivity, economy, and use of
machinery .............................................................................
5
(9) Cooperation in working out production problems to meet
competition ...........................................................................
6
(10) Union to submit written recommendations on efficiency
and production.....................................................................
5
(11) Cooperation on productivity: specific rules listed .............
5
(12) Union to educate members on need for methods of increas­
ing production .....................................................................
5
(13) Maintenance of profitable and productiveefficiency...........
6
(14) Union cooperation on efficiency in recognition of wage
in crea se.................................................................................
6
(15) Union cooperation on productivity subject to arbitration
on work load disputes ........................................................
6
(16) Union and employees to cooperate to assure “fair day’s
work” ...................................................................................
6
(17) Listing of actions contrary to principle of full day’s work
6
(18) Union stewards to discourage practices contrary to effi­
cient operation.....................................................................
7
(19) No union sanction to restriction of o u tp u t.......................
7
(20) No limitation on production; abuses to grievance pro­
cedure ..................................................................................
7
(21) Union in default on pledge to cooperate; subject to griev­
ance procedure.....................................................................
7
(22) Union support of increased productivity; union to disci­
pline on employer complaint .................................
(23) Union actively to combat slow-downs.....................
(24) Cooperation in maintaining production standards .
(25) Loafing or part-time work not to be defended........
(26) Union aid in correction of inefficiencies of members

55

56

COLLECTIVE BARGAINING PROVISIONS

Clauses
Pa^e
Union and employee responsibility and pledges of cooperation— Continued
(27) Definition of elimination of waste and increase in efficiency
of production .......................................................................
8
(28) Improved performance not to affect employee earnings
adversely...............................................................................
8
(29) Union will not seek to place company in unfavorable
competitive position ............................................................
8
(30) Union to combat absenteeism and other practices curtail­
ing production .....................................................................
8
(31) Employees not cooperating in the introduction or opera­
tion of new equipment may be transferred to lower wage
classification .......................................................................
9
(32) Employees to assist understaffed departments, subject to
appeal if abused .................................................................
9
(33) Promotion of welfare of industry and efficiency of employer
9
(34) Union pledge to further employer’s in terest...................
9
(35) Union publicity in company’s b e h a lf...................................
9
(36) Cooperation on four fronts: company rules; plant sanita­
tion; improved methods; conservation and elimination
of waste ...............................................................................
9
(37) Improvement of products and efficiency, public relations,
and sales ...........................................................................
10
(38) Union pledge includes fostering good public relations. .
10
(39) Union to use influence to increase business.....................
10
(40) Union support on s a le s .......................................................... 10
(41) Union to promote sale of union label goods .....................
10
(42) Union to report sabotage and theft. Guilty persons subject
to discharge .......................................................................
11
(43) Cooperation on plant sanitation ...............................
11
(44) Care of plant and equipm ent.......................
11
(45) Conservation and elimination of waste
......................... 11
(46) Union pledge on quality improvement and observance of
listed rules ........................................................................... 11
(47) Union agrees to uphold company rules .............................
11
(48) Union to assist company in complying with Federal laws 12
(49) Cooperation in fair trade practices
............................... 12
(50) Union assistance on postwar construction and improve­
ment program ..................................................................... 12
(51) Company to cooperate in union’s efforts to promote com­
pany’s welfare and service standards .........................
12
(52) Collaboration on charity drives .................................
12
(53) Prevention of unnecessary overtime .......................
12
Joint union-management responsibility and cooperation:
Joint production committees:
(54) Joint production committee and production pledge. . . 13
(55) Labor-management production committee to effectuate
maximum production.................................................. 13
(56) Joint committee to explore cooperation to increase
production ...................................................................
14
(57) Joint production committee modeled on War Produc­
tion Board p la n ...........
14



INDEX

57

Clauses
Page
Joint union-management responsibility and cooperation— Continued
Joint production committees—Continued
(58) Joint production and administrational committees
established in connection with plant-wide incentive
bonus plan .................................................................
14
Joint suggestion committees:
(59) Committee to establish suggestion procedures, reviewable on 90 days1 notice .............................................. 15
(60) Joint study of feasibility of suggestion system .........
15
(61) Joint committee to develop suggestion award system.
Company determines amount of award and value of
suggestion ................................................................... 16
Joint safety committees:
(62) Joint industry safety committee. Power to arbitrate. . 16
(63) Joint safety committee. May adjust safety disputes,
subject to grievance procedu re................................. 16
(64) Company makes every effort to comply with joint
safety committee recommendations ......................... 17
(65) Recourse to grievance procedure if majority recom­
mendation of joint safety committee not carried out 17
(66) Joint safety committee not to handle grievances........ 18
(67) Detailed industry-wide safety cooperationprogram. .
18
Joint employment stabilization committees:
(68) Joint committee to develop guaranteed wage plan. . . 21
(69) Development of employment stabilization plans and
elimination of multishift operation ......................... 21
(70) Joint advisory committee for industry stabilization and
disputes and industry problems not otherwise adjusted 22
Multipurpose joint committees:
(71) Economy, safety, and community functions .............
22
(72) Production and materials conservation ..................... 23
(73) Suggestions, working conditions, and production.
Chairmen alternate .................................................... 23
(74) Multipurpose joint plant committee ........................... 23
(75) Multipurpose joint plant committee participates in
grievance adjustment ................................................ 23
(76) Multipurpose joint industry committee: study indus­
try problems, relations between parties; effect of
multishift use of machinery on employment; busi­
ness conditions; study and administer apprentice
program; foster dust-removal d evices..................... 24
(77) Joint industry committee to eliminate inequities;
stabilize industry; establish uniform system of
setting piece work rates. Ninety-day time lim it.. . . 25
(78) Board of stability and control: power to investigate
observance of labor standards; check and verify
required employer reports; investigate nonunion
production; adopt program to eliminate unfair, non­
union competition and practices undermining indus­
try labor standards. Unanimous board decision
binding on parties, Disputes arbitrable ., ............... 25



58

COLLECTIVE BARGAINING PROVISIONS

Clauses
pa^e
Joint union-management responsibility and cooperation— Continued
Multipurpose joint committees—Continued
(79) Separate quality, waste, and production committees. . .
26
General purpose joint committees:
(80) General trade problems affecting labor conditions .......... 27
(81) Matters of mutual interest, other than grievances............ 27
(82) Uniform industry standards ................................................ 27
(83) Promotion of employees’ and industry’s welfare and ob­
servance of con tract............................................................ 28
(84) Quarterly meetings on matters of general mutual interest.
Specific grievances or complaints barred ....................... 28
(85) Joint board has authority to form plans and procedures to
administer agreement more effectively ........................... 28
Other cooperative committees:
(86) Joint industry promotion plan ............................................ 28
(87) Joint committee to study competition with aim to expand
29
business in lo ca lity ...........................................................
(88) Joint commission to study causes of stoppages................. 29
(89) Joint committee to consider commissioned drivers’ prob­
lems. Disputes not arbitrable nor ground for work
stoppage ............................................................................... 30
(90) Joint advisory board on operation of consumer facilities
in company town. Majority decision binding on company.
Arbitration permitted, with specified exceptions............ 30
(91) Cooperation on government power p r o je c t ......................... 31
(92) Joint general committee and specified standing subcom­
mittees. Grievances and wages excluded......................... 32
(93) Equal representation on one committee; unequal repre­
sentation on two oth ers...................................................... 32
(94) Union given “ adequate” representation on specified com­
mittees ................................................................................. 32
Technological changes:
Management right to introduce technological changes:
(95) Installation of new machinery management prerogative. . 34
(96) No restriction on use of machinery and tools, or material,
except prison made ............................................................ 34
(97) No restriction on use of machinery or labor-saving device 34
(98) No restriction on use of machinery or tools provided oper­
ated by union members .................................................... 34
(99) Management prerogative clause includes right to use im­
proved equipment or m ethods..........................................
34
(100) Right to introduce labor-saving devices provided not in­
imical to employees’ health and s a fe t y ........................... 34
(101) Use of labor-saving equipment conditioned by effect on
employees’ safety, health, earnings, and employment.
Disputes subject to arbitration..............................
35
(102) Method of production or use of machinery subject to
grievance procedu re............................................................ 35
(103) No arbitration of company right to initiate technological
changes ................................................................................. 35



INDEX

59

Clauses
Page
Technological changes—Continued
Management right to introduce technological changes— Continued
(104) Union recognizes company right to install more efficient
equipment. Cooperation on performance p le d g e d ................. 36
(105) Union cooperation in use of methods to reduce unit costs
and in use of facilities ...................................................... 36
(106) Pledge by union and members to cooperate on new equip­
ment .................................................................................... 36
(107) Union cooperation pledged in installation of technological
changes ................................................................................ 36
(108) No union opposition to modern methods and machinery. . 36
Prohibition or restriction of technological change:
(109) Ban on new processes, equipment, or machinery waived in
event of s tr ik e ..................................................................... 36
(110) Machine prohibited unless 6 handworkers fully occupied. . 37
(111) Minimum crew complement specified for new machines. .
37
(112) Prohibition on use of spray machine ................................. 37
(113) Limitations on use of spray machine. Double time paid
when used ........................................................................... 37
(114) Conditions for use of spray machine: safety and health
devices used; health regulations observed; permit ob­
tained and posted ............................................................... 37
(115) Restriction on size and use of paint bru shes..................... 38
Union participation in technological changes:
(116) Discussion with union on methods change; company re­
tains final decision “ within reason” ............................... 38
(117) Consultation with union on introduction of technological
change. Disputes arbitrable .............................................. 39
(118) Methods changes submitted to local union; to international
union; to arbitration .........................................................
39
(119) Advance discussion with union before installation of tech­
nological change. Employer may initiate change for trial
period, subject to negotiation and arbitration if union
disagrees ............................................................................
39
(120) Union informed of technological changes and lay-offs for
changed working conditions resulting, prior to installa­
tion ........................................................................................ 40
(121) Procedure for changes in work assignment or technique
includes experimental period, trial period, pay guar­
anties .................................................................................... 40
(122) Joint discussions prior to change in job classification as
result of major changes in methods or equipment. Exist­
ence of major change arbitrable ....................................
41
(123) Change in production methods affecting wages and work
load made only through collective bargaining................. 42
(124) Joint agreement on wages, hours, and working conditions
before labor-saving machinery operated permanently.. 42
(125) Joint determination of wages and manning on new ma­
chines prior to their operation. Disputes arbitrable.. . . 42




60

COLLECTIVE BARGAINING PROVISIONS

Clauses
Pa*e
Technological changes— Continued
Union participation in technological changes— Continued
(126) Joint determination of system, classification of work and
rate of pay. Disputes to grievance procedure................. 42
(127) Joint approval for creation of new crafts required......... 42
(128) Joint negotiations on wages and working conditions for
employees on new equipment and on dismissal pay for
displaced employees ...........................................................
42
(129) Joint regulation of use of labor-saving m achinery...........
43
(130) Joint industry board to adopt rules to mitigate effect of
new machinery ................................................................... 43
(131) Operators of new machines designated by mutual consent 43
(132) Union-management designation of employees to be re­
tained in event of technological change ......................... 43
Rates and work loads on jobs affected by technological changes:
(133) New machinery or process operated by union journeymen;
rates set by joint committee ............................................ 44
(134) Wage rates discussed with union com m ittee..................... 44
(135) Joint negotiation of new or changed rates resulting from
installation of labor-saving devices ................................. 44
(136) Minimum wage rate for new machine subject to arbitra­
tion ...................................................................................... 44
(137) Rate set on new process by joint industry committees and
by arbitration, if necessary ............................................ 44
(138) Time study engineer hired jointly to determine rates on
new or changed operations .............................................. 45
(139) Company sets rate and manning scale on new machinery
for first 6 months; rates finally set by joint negotiation
or by arbitration retroactive to date new machinery
installed ............................................................................... 46
(140) Step-by-step procedure, including arbitration, for revised
incentives resulting from technological changes. Retro­
activity specified................................................................. 46
(141) Trial period specified before setting new rates. Retro­
activity established ............................................................ 47
(142) Earnings on displaced job considered determining factor
in establishing rate on new m achinery........................... 47
(143) Company to increase rates when technological change re­
sults in increased work. Disputes arbitrable................. 47
(144) Average hourly earnings not to be cut by use of modern
or improved m achinery...................................................... 47
Minimizing effects of technological changes:
No dismissal of employees affected:
(145) No dismissal of permanent employees because of mechani­
zation. Six months’ training at company expense on
new machines. No wage change during training; no
48
pay cut on new job ...........................................................
(146) No lay-off of regular employees because of mechanization 48
Maintenance of previous earnings:
(147) Changes in process, method or equipment not to result
48
in lowered ea rn in g s...........................................................




INDEX

61

Clauses
page
Minimizing effects of technological changes— Continued
Maintenance of previous earnings— Continued
(148) Rates set for new equipment to yield earnings based on
previous 12 w eek s..................
49
Priority in transfer to new machines:
(149) Senior employees on old machines transferred to new;
paid “ average rate of pay” until new rate s e t ............. 49
(150) Preference on new machinery to employees affected; dis­
placed employees given preference on other available
jobs provided they do not displace other regular
employees ..............................
49
(151) Employees affected by changes given opportunity to learn
new operation and prove competency ............................. 49
(152) Employees given training on new equipment; paid their
prevailing rate ................................................................... 50
(153) Specified workers given opportunity to learn new equip­
ment without change of classification or r a t e ...............
50
Preference in vacancies to displaced employees:
(154) Displaced employees have preference for vacancy in other
departments ......................................................................... 50
(155) Preference to technologically displaced employee in filling
vacancies for which qualified .......................................... 50
(156) Effort to transfer displaced employees, by seniority, to
work of equal earning opportunities ............................... 50
(157) Minimum service and maximum training time prerequisite
to transfer to avoid technological displacement............ 50
(158) Transfer to other department to avoid technological dis­
placement limited to 5-year men. If only part of own
department affected, may replace junior employee, if
able to do w o r k ................................................................... 51
(159) Ten-year men transferred to bottom of promotion schedule
in another department, transferee not to bump 5-year
man .................
51
Dismissal pay:
(160) Dismissal pay on displacement by technological change.
Definition of technological ch a n g e ................................... 51
(161) Savings from changes in operating methods shared with
displaced employees. One-year preferential reemploy­
ment rights ......................................................................... 52
Other safeguards:
(162) Four employee options when affected by major changes in
operating methods: pension; severance pay; transfer;
lay-off ..................................................................................
52
(163) Four step procedure: advance notice to union; employees
trained on new machine; preference to union members;
joint negotiation on wages, hours, and working condi­
tions for new jobs ............................................................. 54




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S . G O V E R N M E N T P R IN T IN G O F F I C E :

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Federal Reserve Bank of St. Louis, One Federal Reserve Bank Plaza, St. Louis, MO 63102