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Congress, First Session_________ COLLECTIVE BARGAINING PROVISIONS Safety, Health, and Sanitation B ulletin N o. 908-14 UNITED STATES DEPARTMENT OF LABOR Maurice J. Tobin, Secretary BUREAU OF LABOR STATISTICS Ewan Clague, Commissioner For sale by the Superintendent o f Documents, U. S. Government Printing Office, Washington 25, D. C. Price 20 cents Letter of Transmittal U nited S tates D epartment of L abor, B ureau of L abor S tatistics, Washington, D . C., August 31, 1949 The S ecretary of . L abor : I have the honor to transmit herewith the fourteenth bulletin in the series on collective bargaining provisions. The bulletin deals with safety, health, and sanitation, and is based on an examination of collective bar gaining agreements on file in the Bureau. This bulletin was prepared in the Bureau’s Division of Industrial Relations by Abraham Weiss, with the assistance of Rose Theodore. E w a n Clague , Commissioner. Hon. M aurice J. T obin , Secretary of Labor. Preface As early as 1902 the Bureau of Labor Statistics, then the Bureau of Labor in the Department of the Interior, recognized the growing impor tance of collective bargaining, and published verbatim the bituminouscoal mining agreement of 1902 between the Associations of Coal Mine Operators of Pennsylvania, Ohio, Indiana, and Illinois and the respec tive districts of the United Mine Workers of America. Since 1912 the Bureau has made a systematic effort to collect agreements between labor and management in the leading industries and has from time to time published some of those agreements in full or in summary form in the Monthly Labor Beview. The first bulletin entirely devoted to collective bargaining agreements was published in 1925 under the title “ Trade Agreements in 1923 and 1 9 2 4 /’ 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 established pattern. No bulletins in this field were published by the Bureau between 1928 and 1942— a period during which collective bargaining first lost ground in the depression and then made rapid strides following the enactment of the National Labor Kelations Act in 1935. The growth in trade-union membership from fewer than 4,000,000 workers in 1935 to more than 10,000,000 in 1942 not only resulted in a large increase in the number of collective agreements covering industries hitherto not included under collective bargaining, but also extended the scope and area of bargain ing in individual industries. In recognition of this development, the Bureau's 1942 report on union agreements (bulletin No. 686) dealt with provisions and clauses on particular labor-management problems rather than with the agreements of each union or industry separately. The substance and character of collective bargaining agreements change continuously, and many of the clauses and provisions covered in Bulletin No. 686 underwent significant changes during the war emer gency, as a result not only of the normal processes of collective bargain ing but of the decisions o f the National W ar Labor Board. New prob lems meant new clauses and new provisions. The Board also gave added impetus to certain forms of union security, and to certain practices, now deeply imbedded in the entire field of labor-management relations. The liquidation o f the Board, and the renewal of emphasis on free collective bargaining after YJ-day, led to a tremendous increase in the demand for information on specific current provisions 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 labor-management disputes. It was largely in response to these requests that the Bureau of Labor Statistics undertook to revise and bring up to date the material on union agreements. iii COLLECTIVE BARGAINING PROVISIONS In this revision two significant departures have been made: (1) A c cumulation of data has made possible the use of a larger sample than was possible heretofore. (2) The information will be presented in a series o f small bulletins, each stressing a major area or significant prob lem of collective bargaining. This will permit the material for each m ajor 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 considerable period of time and therefore need only occasional revision, whereas others undergo rather rapid change. Also, as new issues develop it will be possible to add new bulletins to the series without revising those already published. The clauses used are designed to facilitate, but not to condition, the bargaining process. No special attempt has been made to determine the prevailing industry practice or the most frequently used provisions. The clauses are presented, not as models, but as a source of reference for those who participate in collective bargaining negotiations, by mak ing available to them a wide variety of provisions on the specific sub jects under consideration. A n index of all the contract clauses quoted, with a brief description of each clause, is appended to each report. This report, dealing with safety, health, and sanitation, is the four teenth in this Collective Bargaining Provisions series. The bulletins already published are as follows: No. 908 No. 908-2 No. 908-3 No. 908-4 No. 908-5 No. 908-6 No. 908-7 No. 908-8 No. 908-9 No. 908-10 No. 908-11 No. 908-12 No. 908-13 Union Security Provisions. Vacations; Holidays and Week-End Work. Incentive Wage Provisions; Time Studies and Stand ards of Production. Apprentices and Learners. Discharge, Discipline and Quits; Dismissal Pay Pro visions. Leave o f Absence; Military Service Leave. Promotion, Transfer, and Assignment; Lay-Off, WorkSharing, and Reemployment. General Wage Provisions. Wage Adjustment Plans. Union-Management Cooperation, Plant Efficiency, and Technological Change. Seniority. Union and Management Functions, Rights, and Re sponsibilities. Strikes and Lock-Outs; Contract Enforcement. IV Contents Page Introduction ................................................................................................................... 1 General clauses: Clauses 1 -4 ........................................................................................ 3 Specific safety provisions............................................................................................ Safety rules: Clauses 15-22................................................................................ Safety committees: Clauses 23-40.................................................................... Safety inspections by company: Clauses 41-43............................................. Protection o f employees in hazardous occupations: Clauses 44-71........... Work under unsafe conditions: Clauses 72-80................................................ Safety to public: Clauses 81-89........................................................................ 5 5 6 11 11 16 18 Accidents and first a id : Clauses 90-112.................................................................... 20 Sanitary conditions: Clauses 113-128........................................................................ Shift in temperature conditions: Clauses 129-133......................................... 23 26 Smoking provisions and regulations: Clauses 134-144........................................... 27 Eating facilities: Clauses 145-147................................................................... 29 Workmen’s compensation: Clauses 148—160............................................................ 30 Physical examinations ................................................................................................. Preemployment and periodic examinations: Clauses 161-181..................... Examinations after illness, lay-off, or other leave: Clauses 182-187........ Appeal procedure: Clauses 188-195.................................................................. 33 34 37 38 Index ............................................................................................................................... 41 y Bulletin 908-14 o f the United States Bureau o f Labor Statistics Safety, H ealth, and Sanitation Introduction Health and safety provisions in union agreements have several ob jectives, including, (1) to pledge the employer to maintain reasonable health and safety standards and to comply with government regulations on health and safety; (2) to stimulate observance, by the company, union, and by all employees, o f health and safety rules; and (3) to provide for union participation and to enlist employee cooperation in safety and accident prevention. Government regulations — Federal, State, and Municipal — require most employers to observe minimum safety, health, and sanitation standards in mines, mills, factories, and other work places. W orkers’ concern with these matters is shown in the frequency with which refer ence is made to health and safety in collective bargaining agreements. Such references indicate that safety is recognized as a matter o f mutual interest and mutual concern. Many agreements refer to safety and health in general language; for instance, the employer voluntarily agrees to provide and maintain adequate facilities or to abide by gov ernmental regulations. A number o f agreements include detailed speci fications. These provisions, usually in industries with hazardous occu pations, differ according to the hazards o f the different trades, with particular emphasis on some single, outstanding hazard peculiar to the industry. It is frequently stipulated that the employer is to furnish specific safety equipment or specially devised clothing to prevent acci dents. Employees’ failure to use protective clothing or equipment may be deemed just cause fo r disciplinary action. Occasionally, there is a provision that first aid facilities and attendants shall be available to employees injured or taken ill at work. Many agreements place considerable emphasis on accident prevention. Union or joint safety committees are often provided to discuss safety matters, pass on safety suggestions, conduct safety campaigns, make safety investigations in the plant, and to recommend appropriate safety measures. In some instances, the existence o f such committees reflects union concern with safety; in others, it represents a management tech nique for enlisting the interest and cooperation of employees in safety efforts. 1 2 COLLECTIVE BARGAINING PROVISIONS Pre-placement and follow-up physical examinations are provided in some agreements; others restrict the right of the company to require medical examinations. In the case of particularly hazardous occupa tions, employees may be required to pass periodic physical examina tions, and the employer may be required, as a positive health measure, to provide such examinations for his employees. To guard against abuse or discrimination, the company physician’s findings are often made available to the union or to the employees and his decision may be appealed. The worker is also allowed, in some cases, to present a cer tificate o f fitness from his own physician. SAFETY, HEALTH, AND SANITATION 3 General Clauses Many agreements contain only general provisions concerning safety, health, and sanitation. Such clauses provide either that the employer will make “ reasonable provisions” for the health and safety of his employees or that he will comply with all applicable safety and health statutes and regulations. This is often coupled with a union pledge that employees will observe plant safety rules. Other agreements contain pledges of union-employer cooperation in promoting plant safety and health. Safety meetings and safety educa tional programs are referred to in a number of agreements. 1. Reasonable Provisions fo r Safety and H ealth; Problems Subject to Grievance Procedure The company agrees that it will continue to make reasonable provisions for the safety and health o f its employees at the plant during the hours o f their employ ment and that problems involving these matters may properly be brought up in accordance with the grievance procedure outlined hereinafter. 2. Reasonable Safety Equipment, Proper Heating and Ventilating Systems Provided The corporation shall continue to make reasonable provisions for the safety and health o f its employees at the plant during the hours o f their employment. Protective devices, wearing apparel and other equipment necessary to properly protect employees from injury, shall be provided by the corporation in accordance with the practice now prevailing in this plant. Proper heating and ventilating systems shall be installed where needed. 3. Employer Compliance with Fire Prevention and Safety Laws The maintenance o f proper sanitary conditions and the observance o f all laws relating to fire prevention and the safety o f the employees shall be considered an essential part o f this agreement. 4. Health and Sanitary Conditions To Comply with State and Federal Laws The health and sanitary conditions o f this company shall meet the requirements prescribed under the Laws o f the Commonwealth o f Pennsylvania and the Federal Laws o f the United States. 5. Compliance with Regulations o f State and Federal Labor Departments. Grievances on Noncompliance Channelled Through Safety Committee The working conditions in the establishment o f the employer and the conditions o f all equipment shall comply with the health and safety regulations o f the State o f North Carolina and the United States Department o f Labor. Where such condi tions are not specifically covered by legislation or where there is evidence that safety standards are not being complied with, they shall be presented to the employer for adjustment through the safety committee. 6. Joint Cooperation on Safety Education Program The union and the company agree to conduct safety educational programs and to cooperate in promoting plant safety. 4 COLLECTIVE BARGAINING PROVISIONS 7. Safety Meetings, Open to All Workers, To Be Continued The present practice o f holding safety meetings, which every man in the plant may attend at intervals, will be continued as a means o f promoting safety and educating the employees in safe practices. 8. Employee Participation in Fire and Safety Drills Required, at Company Expense The company shall have the right to require any or all o f its employees, at the expense o f the company, to participate in all fire and safety drills and exercises. 9. Union To Encourage Cooperation in Safety Measures The union agrees that it will encourage its members to work safely and to cooperate to the fullest extent with the company’s safety engineers and safety inspectors in order to eliminate hazardous conditions within the plant. 10. Union Stewards To Assist in Enforcing Safety Shop stewards shall help the company enforce safety, cleanliness, and discipline at all times. 11. Union Pledges Compliance with Safety Rules and Use o f Safety Equipment by Employees The company agrees to install such safety equipment as it considers necessary and, the union agrees that every employee shall comply with all safety rules as are established by the company from time to time and shall cooperate fully with the company to enforce all safety measures and shall use such safety equipment as is supplied by the company. It shall be the responsibility o f supervisors who direct the removal o f any employees who remove any safety deviee and to replace same with the least possible delay. 12. Signed Safety Pledge as Condition o f Employment Each employee shall sign a safety pledge at the time o f employment. 13. Safety Suggestions Suggestions in the interest o f safe working conditions are solicited by the company and should be made in writing (signed or unsigned) to the local management or to the safety committee set up for the particular operating unit. Boxes will be provided at convenient places where these suggestions may be deposited. Where such suggestions made to the company are not accepted, explanation will be given to the employee submitting the same if signed, and otherwise to the safety com mittee for incorporation in its records. 14. Disregard o f Em ployee’s Safety Suggestion and Continuance o f Unsafe Con dition Covered by Suggestion Handled Through Grievance Procedure Safety suggestions are invited from all workers and may be made on forms provided and shall be sent to your steward, division steward, or mailed at your forem an’s desk, or employment office or entrance receptionist’s desk, and sent to the office for the attention o f the Chief o f Plant Protection and Safety. I f a recommendation in a safety suggestion is not handled, and the unsafe condition is permitted to continue, the matter may be handled as provided in the grievance procedure. SAFETY, HEALTH, AND SANITATION 5 Specific Safety Provisions Safety Rules Safety, sanitary, and fire regulations are sometimes referred to or listed in detail in the agreements. Such rules may be jointly established or issued solely by the employer, and are usually posted or distributed to employees as part o f the plant rules. The union may pledge employee cooperation in abiding by such rules; noncompliance may result in disciplinary action. 15. Employer To Post New Safety Buies and Furnish Copy to Union The company will post all new safety rules and changes therein and send a copy thereof to the union. 16. Distribution o f Safety Manual to Employees A safety manual for the guidance and instruction o f each employee will continue to be distributed. 17. Safety Buies Posted and Subject to Grievance Procedure The members o f the union, while working for the company, shall be governed by the safety and other rules not in violation o f this agreement as may be adopted by the company and announced to employees on bulletin boards or by general distribution. Any new rule established shall not be effective until three (3) days after announcement and any such established rule shall be subject to discussion and adjustment in the same manner as outlined herein for settlement o f grievances. 18. Safety and Health Buies Discussed with Shop Committee Buies governing safety and health will be discussed with the shop committee before promulgation, except when such rules are required by law or governmental regulations or orders. 19. New Safety and Sanitation Buies by Mutual Agreement All reasonable shop rules and laws governing safety appliances and sanitary conditions shall be complied with by the company and the Union. A joint Health, Safety, and Sanitation Committee, consisting o f three (3) company representatives and three (3) union representatives shall be established to help implement the foregoing policy. Further shop rules governing safety, sanitation, and cleanliness, shall be worked out and agreed to between union safety committee and the management. 20. Union Cooperation in MaTcing Safety Buies and Practices Effective The union agrees to cooperate with the company in making safety rules and practices effective to reduce hazards and insure safe working conditions. 21. Employees To Comply with Listed Safety Buies Employees are to comply with the following safety rules and are to cooperate fully with the management in the enforcement o f these rules. (a ) Eeport all injuries, however slight, immediately. (b ) Wear appropriate clothing. 6 COLLECTIVE BARGAINING PROVISIONS (c ) Goggles, head shields, and respirators must be worn on all jobs where required. (d ) Starting or operating any machine, truck, tractor, crane, or other equip ment without proper authority or without guards in place is prohibited. (e) Fire equipment must be kept accessible; material must be kept out o f designated aisles and passageways. ( f ) Employees must remain in their own departments unless authorized to be elsewhere by their foreman. (g ) Distracting, arguing, or annoying other workers; fighting, wrestling, throwing objects, ‘ 1horseplay,’ ’ and running in the plant are forbidden. (h) Ground floor welding operations must be properly screened. ( i ) Electrical adjustments and repairs must be made only by those authorized to do this work. 22. Repeated Violations o f Safety Rules Cause fo r Discharge Repeated violations o f safety rules on the part o f any employee shall be proper cause for discharge. Safety Committees Provision is often made for safety committees, with union representa tives only, or with joint union-employer representation. It is the function of such committees to make regular plant inspection tours; to suggest specific safety measures and improvements, and to promote safety; to investigate safety and sanitation complaints and hazards; and to help enforce safety regulations. Such committees almost always act in an advisory capacity only; at times they may request arbitration o f disputed measures or suggestions. (See Bulletin 908-10, Union-Management Cooperation, Plant Effi ciency, and Technological Change, for additional clauses dealing with joint safety committees and union-management cooperation on safety matters.) 23. Union-Management Safety Committee fo r Advisory Purposes— Monthly Meetings The union will cooperate with the company in encouraging employees to observe all safety regulations provided by the company and to work in a safe manner. To that end a safety committee o f eight (8 ) shall be maintained, four (4 ) o f whom shall be employees designated by the union and four (4 ) by the company. The function o f such committee, which shall meet once every month, shall be advisory, and i f the committee or any member thereof believes that any conditions are unsafe, such findings shall be reported to the safety director for proper disposition. 24. Union-Management Safety Committee To Enforce State and Municipal Regu lations and Investigate Unsafe Conditions The union will appoint three o f its members and the company will appoint a like number— one o f whom will be known as a safety engineer— those six (6) to be known as the . . . corporation safety committee. The duty o f the safety com mittee will be to see that all applicable state and municipal safety and sanitary regulations are complied with, as well as make recommendations for the maintenance SAFETY, HEALTH, AND SANITATION 7 o f proper standards. This committee shall receive and investigate complaints regarding unsafe and unsanitary working conditions. 25. Joint Safety Committees To Emphasize Safety Education and Accident P re vention as Part o f Accident Prevention Program The employers will maintain, direct, and administer an adequate accident pre vention program. The union will cooperate in this program and develop and maintain procedures which will influence its members to cooperate in every way that will help prevent industrial accidents and minimize injuries when accidents occur. The employees individually will comply with all safety rules, and cooperate with management in the carrying out o f the accident prevention program. To make effective the above statements and promote on-the-job accident prevention, employer-employee committees will be established in each port. These committees will consist o f an equal number o f employer and employee representatives at the jo b level. Each category o f employees such as deck men, hold men, dock men and lift and jitney drivers should be represented. Employer’s representatives should be from the supervisory level. The purpose o f the committees will be to obtain the interest o f the men in accident prevention by making them realize that they have a part in the program, to direct their attention to the real causes o f accidents and provide a means for making practical use o f the intimate knowledge o f working conditions and practices o f the men on the job. It is further intended that this pro gram will produce mutually practical and effective recommendations regarding corrections o f accident producing circumstances and conditions. 26. Union-Management Safety Committee: Statement o f D uties; Chairmanship; Grievances A joint management-union safety committee shall be established for each plant. The duties o f this committee shall be t o : A. Hold regular scheduled meetings o f which minutes shall be kept and pub lished on the plant bulletin boards. B. Observe unsafe working conditions in the plants and report same at regular meetings o f the committee. C. Observe unsafe practices on the part of the employees and report same at regular meetings o f the committee. D. Discuss ways and means o f eliminating conditions reported under items B and C hereof. E. Make general recommendations to either or both corporation and the union. The management and the local union shall be equally represented on the committee. The committee shall be headed by co-chairmen, one o f management, one o f the union. It shall be the responsibility o f the co-chairmen to agree on the mechanics used in establishing the departmental committee members. Should matters o f a grievance nature arise as a result o f the activity o f the safety committee, they shall be referred to the general grievance committee on the part o f the union, and to the management o f the proper plant on the part o f the corporation representatives. 27. Safety Committee as Part o f Joint Labor-Management Committee It is agreed that a safety committee will continue to function as part o f the joint labor-management committee for the duration o f this agreement. 8 COLLECTIVE BARGAINING PROVISIONS 28. Association Agreement— Joint Industry-Wide and Plant Health Committees Each plant shall establish a health committee composed o f an equal number o f representatives from management and employees. There shall also be a national health committee composed o f three members from the (employers ’ association) and the (international union) with authority to set up general health rules. 29. Union Safety Committee To Inspect Equipment— Disputes to State Labor Department. No Loss o f Pay fo r Time Spent The company agrees to negotiate with the safety committee o f the union on safety conditions in the plant. The union shall appoint a safety committee and advise the company o f the selections made, which committee shall have the duty o f inspecting all machines, equipment and devices. In the event the said committee shall determine that a plant condition is unsafe, it shall so report to the foreman. In the event the company refuses to make the adjustment requested, the matter shall be submitted to the Department o f Labor and Industry, whose recommendations in the matter shall be followed. There shall be no time lost by the safety committee while on duties as described in this paragraph. 30. Union and Company Safety Committees To Meet Periodically To Review Accidents and To Consider Union Recommendations and Suggestions on Safety Rules It is agreed between the parties that their respective safety committees shall meet at reasonable intervals o f time for purposes o f reviewing case histories o f actual lost time accidents involving members o f the [union] and to consider recom mendations and suggestions o f the [union] regarding existing and proposed safety rules. Before new safety rules are adopted they shall be subject to full discussion with the safety committee o f the [union]. 31. Union Safety Committee and Sub committeemen— Committee May Conduct Investigations with Safety Engineer It is agreed that the union will select a safety committee composed o f seven divisional safety committeemen (two from maintenance) and a chairman to encour age the observance o f safety rules and the furtherance of the safety and sanitation program. Members o f this committee will meet with company representatives once each month at a mutually agreeable time and without loss in pay. Members o f the safety committee, i f desiring to investigate or discuss a condi tion o f safety, may request their supervisor to notify the safety engineer. The safety engineer, or his designated representative, upon such notification will meet the committeeman at his place o f work to discuss the matter involved or, i f mutually desired, to jointly investigate the condition in question. The safety committee may appoint subcommitteemen, who will also encourage the observance o f safety rules and the furtherance o f the safety and sanitation program. These subcommitteemen may attend the monthly safety meetings held for their respective departments, at a ratio o f one subcommitteeman for each general foreman. 32. Union Safety Committee To Make Semimonthly Inspection on Company T im e; Monthly Meeting with General Safety Committee This committee shall be composed o f five (5) union members chosen by the union. This committee shall make a regular semimonthly tour o f the plant on company SAFETY, HEALTH, AND SANITATION 9 time (not to exceed four (4) hours) to inspect working conditions as to safety, hazard, and sanitation. When this tour is made there shall be a sixth (6th) member o f the committee who shall be the shop steward in the unit under inspection. A record o f such semimonthly inspection tours shall be kept, and three (3 ) members or less o f said committee shall meet regularly once a month with the general safety committee to discuss any questions with respect to safe and sanitary working conditions o f the employees. 33. Employee Safety Committees; One Member To B e Union Member Employee safety committees shall be established, and at least one member o f each committee will be a union member. 34. Union President Named Union Plant Safety Officer. Definition o f Functions The president o f the union is recognized as the safety officer in the plant for the union. He shall have the right to make suggestions and recommendations per taining to safety, and shall accompany inspectors and safety engineers on trips of inspection throughout the plant. His time shall be paid for by the company. 35. Safety and Sanitation Committee N ot To Include Representatives o f Either Party Engaging in Collective Bargaining The personnel o f the committee on safety and sanitation shall not be composed o f any individual who, as a representative o f either party engages in collective bargaining, and the relationship between the advisory committee on safety and sanitation and any other representatives o f the parties shall be separate and apart. 36. Committee M ajority May Order Employees Off Extra-Hazardous Jobs; Dis putes Submitted to Arbitration by Safety and Health Specialist The company shall make reasonable provisions fo r the safety and health o f its employees at each plant during the hours o f their employment. A safety and health committee consisting o f three (3) representatives each of management and the union at each plant o f the company shall meet once monthly for the purpose o f advising management on questions relating to health and safety, and for the purpose o f channeling to employees suggestions for safe working practices. The safety and health committee shall also have authority, by a majority o f four (4) votes, to order employees off jobs where abnormal hazards are present. In the event that the committee should be equally divided, the matter shall be re ferred immediately to a special safety and health arbitrator fo r disposition. Safety and health arbitrators shall be persons living in the vicinity o f each plant and shall be qualified authorities on industrial safety and health. Selection shall be by mutual agreement at the earliest practicable time following the date o f this agreement. The union will cooperate with the company in encouraging employees to observe safety regulations and to work in a safe manner at all times. 37. Committee Member May Stop or Shut Down Hazardous J o b ; Dispute Settled at Once by M ajority Vote o f Entire Committee Any member o f the safety committee may stop or shut-down any especially hazardous job or operation, but must immediately notify the foreman o f the department involved. 10 COLLECTIVE BARGAINING PROVISIONS In case o f any disagreement between the department foremen and the safety committee member concerning the stopping of the job or operation, the entire safety committee o f that shift shall be assembled without undue delay, and action shall be taken in accordance with the majority vote o f the safety committee. When any job or operation is stopped for safety reasons, it shall be the respon sibility o f the department foreman to transfer the operator from the stopped job to other work or to allow idle time during the delay. In no case, will the em ployee be permitted to continue working on the job until it has been approved by the majority vote o f the safety committee. It shall be the duty o f the committee to contact the steward in each department with reference to keeping all work stations and machines clean. 38. Union Safety Committee Paid by Union. Employer To Comply with Committee Recommendation To Remove Workers from Unsafe Area. Committee Members Subject to Removal fo r Arbitrary Acts A t each mine there shall be a mine safety committee selected by the local union. The committee members while engaged in the performance o f their duties shall be paid by the union, but shall be deemed to be acting within the scope o f their em ployment in the mine within the meaning o f the Workmen’s Compensation Law o f the State where such duties are performed. The mine safety committee may inspect any mine development or equipment used in producing coal. I f the committee believes conditions found endanger the life and bodies o f the mine workers, it shall report its findings and recommendations to the management. In those special instances where the committee believes an immediate danger exists and the committee recommends that the management remove all mine workers from the unsafe area, the operator is required to follow the recommendation o f the committee. I f the safety committee in closing down an unsafe area acts arbitrarily and capriciously, members o f such committee may be removed from the committee. Grievances that may arise as a result o f a request fo r removal o f a member o f the safety committee under this section shall be handled in accordance with the provisions providing for settlement o f disputes. The safety committee and operators shall maintain such records concerning inspections, findings, recommendations, and actions relating to this provision o f the agreement as may be required, and copies o f all reports made by the safety committee shall be filed with the operators. 39. Committee Members Paid fo r 1 Hour P er Month on Safety Meetings For the general health and welfare o f all employees, a six (6) member safety committee, represented equally by the company and the union, shall be established. They shall meet on the last Friday o f each month at 3 p.m. to discuss the method o f reducing hazards, dust, etc., and make proposals for their elimination to the company. The meetings shall be o f 1 hour’s duration for which the committee will be paid their regular hourly earnings. The company, on its behalf, agrees to fully cooperate with this committee. 40. Union Observer Permitted at Meetings o f Accident Investigation Committee The company agrees that when an accident investigation committee is considering a case involving a member o f the union, the union may appoint a representative who will be permitted to attend meetings o f the accident investigation committee as an observer. SAFETY, HEALTH, AND SANITATION 11 Safety Inspections by Company Periodic safety inspection tours by a company representative are sometimes specifically required. 41. Periodic Safety Inspection t>y First-Aid Representative Periodic inspection shall be made o f areas housing (name o f company) employees while working, by the physician in charge of the company’s first-aid department, to ascertain what hazards and risks exist and said hazards and risks shall be eliminated wherever found, insofar as practical and possible. Employees shall report to the safety committee all hazards and risks which they encounter in the plant. The names o f such safety committee will be posted on bulletin boards. 42. Continuous Inspection T>y Company Representative; Request o f Union or Worker Using Equipment Special Inspection on Inspection o f all equipment throughout the plant or place o f employment shall be continued by the superintendent or other persons designated by the company from time to time. An inspection o f any equipment may be secured upon the recommenda tion o f the workmen’s committee or the workman employed on such equipment. The union workmen’s committee may make written suggestions to the superintendent or his representatives as to the elimination o f hazards in order to prevent accidents. 43. Safety Engineer on Premises The company will maintain a safety engineer and one or more assistants on duty at the yard during all working hours. The safety engineer and his assistants shall have full power to give all necessary orders in the interest of safety to foreman and other employees in the yard. The safety engineer shall have an established office at the yard, and necessary assistance so that it will be possible for any employee to report to the safety engi neer or his assistant on duty, any conditions or practices which he believes to be dangerously unsafe and which he shall first have brought to the attention o f the foreman or foremen in charge, without immediate result. Upon receipt o f any such report, the safety engineer or his assistant on duty shall take up and dispose o f the matter with the least possible delay. I f the safety engineer or his assistant finds that a dangerously unsafe condition or practice exists, he shall give such orders as he thinks necessary for the immediate correction o f such condition or practice. Protection o f Employees in Hazardous Occupations Special protection is often provided for workers in hazardous occu pations or in industries in which the danger of occupational diseases is present. This may include provision (1) for special protective clothing or equipment; (2) for an adequate number of experienced workmen; (3) for rest periods during hazardous or fatiguing work; or (4) for medical equipment to treat an industrial disease. In a few of the trades, the employer is required to furnish goggles for the use of employees, to prevent injury to the eyes from dust or flying chips of metal or 12 COLLECTIVE BARGAINING PROVISIONS wood. The cost of safety glasses may be shared, with the employee retaining them as his sole property. In industries where outside work is involved, workers may be pro tected either by clauses prohibiting outside work during inclement weather, except during emergencies, or, where such work is required, by employer agreement to furnish protective clothing such as rubber coats, boots, and gloves. As a corollary, the agreement may specify that employees must use the equipment furnished or that the union will cooperate with the em ployer to insure that such equipment is used. 44. Employer To Supply Safety Devices Required by Lavo A ll safety devices required by the law shall be supplied by the employer at its own expense. 45. Employer To Install Equipment Approved by Federal and State Agencies A ll dust creating machinery and each individual banker to be equipped with suction devices o f a type approved by the Federal Bureau o f Mines and the Indus trial Hygiene Division o f the State Board o f Health o f the State o f Georgia, when available. Dust filterers will be installed for dust suction devices when ordered by the State Board o f Health. 46. Necessary Protective Equipment Provided and Tested Periodically The company, where conditions o f work are such as to require special protective devices and equipment, will supply such equipment and devices at its own expense. The safety engineer will periodically inspect and test such protective devices and equipment and submit reports on their effectiveness and condition to the execu tive safety committee. The company may make rules with regard to the care and custody of safety equipment issued to employees. 47. Company To Install Safety Devices Mutually Agreed Upon With Union The company shall continue to install such safety devices for the protection o f the lives and health o f its employees as shall be mutually agreed upon by its repre sentatives, and the union. 48. Special Protective Equipment and Clothing Furnished. Initial Cost o f Safety Glasses Shared by Company and Em ployee; Replacement Cost, by Company Where the company requires special protective clothing or safety devices for the performance of the work, it will furnish the equipment without cost to employees. As heretofore, however, the cost o f purchasing prescription ground safety glasses will be shared equally by the employee and company, but will thereafter be the sole property o f the employee. When the nature o f an employee’s work, however, results in damage to prescription ground safety lenses to the extent that replace ment is advised, the replacement cost o f these lenses will be borne by the company. 49. Specific Personal Safety Equipment Provided G oggles— Goggles are to be furnished by the company to all employees needing them. R ubber B oots , Coats , etc.— Rubber boots and coats are to be supplied employees where their work requires the use o f these articles. SAFETY, HEALTH, AND SANITATION 13 Overalls , G loves , Ca p s , etc.— The company is to supply employees with overalls, gloves, caps, etc., whenever the work in the department is more destructive to clothing than an ordinary plant. Ga s M a s k s — Employees will be entitled to gas masks when working in those departments requiring their use. D u s t R espirators — Employees will be entitled to dust respirators when working in those departments requiring their use. L ockers — The company will maintain clean and sanitary change rooms for all employees and will provide one locker for each employee. 50. Specific Personal and Machine Protective Equipment Provided The company agrees that it will provide: (1) Heat for all inside workers; (2) Adequate equipment fo r carrying off excess dust, flux, gases, and injurious odors, which might be present due to the process o f manufacture; (3 ) Aisles, passageways, and gangways reasonably free from obstruction and safety hazards o f any and all descriptions, at all times; (4) Adequate and proper guards for all open gears, belts, flywheels, crankshafts, and other exposed running machinery and devices; (5) Brief instructions as to use, to be attached to all flame cutting equipment; (6) Proper and adequate insulations and guards on all electrical lines, terminals, controls, and switch boxes; (7) Warning devices on all intrashop and intershop power transit units, and lifting devices such as jitneys, trucks, electric hoists, and cranes; (8) Facilities to administer first aid in the event o f injury to an employee; (9) Stretchers or litters at various points throughout the shop, and shall see to it that they are not obstructed, but easily accessible at all times, and clearly and prominently marked as such; (10) Locker, shower, and toilet rooms, which shall be maintained in a sanitary healthful condition at all times; (11) Raineoat and boots will be made available to all outside workers, when neces sary, and such workers will be financially responsible for return o f this equipment to the company; (12) Female employees will be required to wear clothing and head-dress o f a type that shall not endanger either their personal safety or that o f their co-workers. 51. Specific Safety Equipment Furnished at Company’s Expense The company at its own cost and expense shall furnish to all employees whenever necessary the following items: gloves, jumpers, acid-resistant aprons, overalls, res pirators, salt tablets, soap, and towels. 52. Specific Safety Equipment Provided; Worn-Out Equipment Eeplaced Employees required by the company to wear rubber boots or rubber shoes shall be furnished two (2) free pairs o f boots or shoes yearly unless a third pair is abso lutely necessary, others at cost. All aprons, rubber gloves, and canvas gloves shall be furnished free. All used and worn out boots, gloves, and other equipment furnished by the com pany shall be turned into the company before new are issued. 53. Employer To Furnish Protective Apparel or Compensation fo r Damaged Clothing i f No Protective Apparel Furnished 14 COLLECTIVE BARGAINING PROVISIONS Where employees in the course o f their regular employment are engaged in spray painting or exposed to fire, acids, caustics or other chemicals injurious to person and clothing, the corporation will furnish protective wearing apparel (including goggles in appropriate cases) to those employees working on the job, or will compensate such employees for damage to clothing caused through failure to provide such protection. 54. Employer To Make Every Effort To Control Dust Hazard The employers agree that every reasonable effort will be made to make provisions fo r the control o f the dust hazard in the shops. 55. Em ployers’ Association To Provide Equipment Used in Treatment o f Silicosis The [employers ’ association] shall, as soon as possible, secure the necessary ma chines and equipment that are being used in the treatment o f silicosis. 56. Employer To Furnish Milk Daily To Maintain Health The employer agrees to furnish one (1) pint o f milk each day to all employees covered by this agreement as its contribution to maintenance o f the employees9 health standard. N ote: The plant covered by this agreement manufactures colors and paints. 57. Charge fo r Loss or Willful Destruction o f Safety Equipment Goggles, gas masks, face shields, respirators, special-purpose gloves, fire-proof, weather-proof, or acid-proof protective clothing, when necessary and required, shall be provided to the employees without cost, except that the company may charge an employee a reasonable amount for any loss or willful destruction o f any o f the fore going by such employee. 58. Employee Charged fo r Equipment N ot Beturned to Companyy on Quitting All equipment furnished by the company to an employee shall be returned to the company if the employee quits. I f the employee fails to return such equipment on quitting, the cost thereof shall be deducted from his pay. 59. Employee Use o f Safety Devices Mandatory Safety devices shall be furnished to employees, and it will be mandatory for em ployees to use them and to comply with company safety rules and procedures. 60. Safety Equipment Provided; Em ployee’s Failure To Use Equipment May Re sult in Discharge The employer shall make and carry out all reasonable provisions for the safety and health o f the employees during the hours o f their employment; and it will pro vide at the plant such equipment as efficient, protective and sanitation devices, a proper heating and ventilating system, and gloves, aprons, and other articles where required for use in connection with employees ’ work. Employees shall be required to use gloves, aprons, and safety devices furnished, and continuous failure to do so after warning will subject the employee to discharge. 61. Discipline fo r Failure To Use Protective Devices and Equipment All employees must use protective devices and equipment at all times. Failure to do so will result in punitive action being taken. SAFETY, HEALTH, AND SANITATION 15 62. DaMy Allowance for Safety Shoes Withdrawn if Unannounced Inspection Shows Failure To Wear Shoes Also in addition to the wage rates herein set forth, employees shall receive an allowance o f five (5 ) cents per workday for the purchase o f safety shoes or boots. The employer may make spot inspections without notice to determine whether em ployees are wearing their safety shoes. I f upon such inspection an employee is not wearing such shoes he shall not be entitled to such allowance until a subsequent in spection, to be made within 3 months, shows him to be wearing them. 63. Company Compensation fo r Accidents Denied Employees Who Refuse To Use Protective Equipment Protective devices, wearing apparel, and other equipment necessary to properly protect employees from injury shall be provided by the company, as at present sup plied, and as later may be mutually agreed upon between the management and griev ance committee o f the union. Employees who refuse to make use o f such protective devices shall lose the benefits o f Section X V II hereof [compensation by company for accident caused by acid or chemicals]. 64. Union May Contribute Suggestions fo r Safety Devices The company will, according to its established practice, continue to install such safety devices for the protection o f the lives and health o f its employees as shall be mutually agreed upon by its representatives and the plant safety committee. It is agreed by and between the parties that the union may contribute suggestions from time to time with respect to the improvement or installation o f new ones. It is mutually agreed that the efforts o f both parties shall be directed to maintain all equipment and tools in safe and efficient working order. The regulations and safety codes adopted by the Department o f Labor and Industry, Commonwealth o f Penn sylvania, will be strictly observed by both parties. 65. Hazardous Jobs— Company To Provide Adequate Number o f Experienced Workmen In the handling o f all work, superintendents and foremen are required to see that sufficient experienced workmen, equipped with the necessary safety devices, are on the job to properly and safely handle the work to be done. 66. Reasonable Rest Periods During Hazardous or Fatiguing Work Under exceptional conditions o f hazardous or fatiguing work, reasonable pro vision will be made for rest periods fo r employees engaged in such work. 67. Twenty-Minute-Paid Wash-Up Time to Employees on Toxic Operations; Lesser Time Allowances to Employees on Other Operations Twenty minutes wash-up time, without deduction in pay, shall be allowed each employee before quitting time while actually engaged on manufacturing or process ing o f lead powder and on any other operations in the plant which the parties shall agree are toxic, or which in the opinion o f a representative o f the New Jersey Depart ment o f Labor are toxic. The following jobs have been found to be toxic: White metal department; copper lead alloys; kettle work in lead plant; lead cable stripping, lead cable sweating, and handling white metal dross in the scrap plant and laboratory furnace room; and shall be treated as such until a determination is made that they are not toxic. Such wash-up time fo r work not at present determined as being toxic 16 COLLECTIVE BARGAINING PROVISIONS shall become effective only upon such determination. Fifteen minutes wash-up time before quitting time shall be allowed without deduction in pay for work performed in bag house and flues. Ten minutes wash-up time before quitting time shall be allowed in all other jobs, without deduction in pay, except for shift workers. 68. WorTc Prohibited During Inclement Weather Except in Emergency Employees hereunder shall not be required to perform work on equipment outside o f hangars during inclement weather when the company can make a hangar or shel tered space available. This requirement does not apply to emergency, line work, or work on airplanes for immediate service. 69. WorTc Prohibited During Inclement or Below Zero Weather Except To Protect L ife or Property or To Maintain Service to Public The company will not require any employee covered by this agreement to work out o f doors during inclement weather or weather that is below zero unless such wrork is necessary to protect life or property or to maintain service to the public. N o t e : This agreement covers a public utility. 70. Employer To Furnish Protective Gear During Inclement Weather All employees required to work in rain or water shall be furnished a rain suit or rain coat at the employee’s option, and individual hats and rubber boots where needed. Such equipment shall remain the property o f the company, and shall not be devoted to personal use and shall be turned in when not in use. 71. Employee Constituting Safety or Health Hazard to Other Employees N ot A l lowed To WorTc With Them. Company Bight To Examine Such Employees No employee known to the company to be incapacitated physically or mentally to perform his task in a safe manner or under safe conditions in relation to the health or safety o f other employees whose health or safety may be prejudiced by his con dition, or who are dependent for their physical safety on his safe performance o f his duties, shall be allowed to work in connection with other employees. The com pany shall at all times have the right to have physical and other examinations made by its medical and/or other experts, to determine whether any employee is in fact subject to a disability described in this paragraph, and shall have the right to act in reliance upon the report o f such medical or both experts. W ork Under Unsafe Conditions Further safety and health protection to employees is contained in clauses which state that they shall not be required to work under un safe conditions or which spell out the steps to be taken when an em ployee feels a job is unsafe. Some of these provide that refusal to do work under conditions deemed hazardous shall not be grounds for discharge. 72. No Employee Knowingly Permitted To WorTc on Job Detrimental to Health No employee shall knowingly be permitted to work on a job which through physical sensitivity or otherwise is detrimental to his or her health but suitable work shall be, SAFETY, HEALTH, AND SANITATION 17 i f available, given by the company to such an individual without subjecting said employee to undue exposure or detriment. 73. Employee N ot Required To Work Under Conditions Contrary to Company, Safety Committee, or State Safety Code No employee shall be required to perform services that seriously endanger his physical safety and under conditions which would be contrary to the provisions of the company’s safety code or the recommendation o f the joint management-union safety committee or any applicable sanitary or safety provisions o f the Labor Code o f the State o f California. An employee’ s refusal to perform such services under such conditions shall not warrant or ju stify his discharge. 74. No Work Permitted Under Substandard Conditions or in Violation o f City or State Agencies Employer shall provide employees with standard safety devices, approved by the Board o f Standards and Appeals. No employer shall permit work to be done under conditions which are substandard or violative o f any laws, orders or regulations o f any department or Board o f the City or State o f New York. 7-5. N o Employee Required To Work on Unsafe Equipment and Without Specific Safety Gear. Use o f Safety Devices, Furnished by Employees, Mandatory No journeyman shall be required to work with unsanitary material; nor on lad ders or scaffolds which are unsafe; nor without a proper safety belt or window jack, where the use o f a scaffold is impracticable, and the use of such safety devices is necessary. The safety devices shall be furnished by the employer. N o t e : This agreement covers painters. 76. No Employee Required To Drive Trucks N ot Equipped with Safety Appliances The employer shall not require members o f the union to take out on the streets or highways any vehicle that is not in a safe operating condition or any vehicle that is not equipped with safety appliances prescribed by the law. 77. Prompt Union-Management Conference To Settle Employee Refusal To Work Under Unsafe Conditions No employee shall be required to perform services that seriously endanger his physical safety, and his refusal to do such work shall not warrant or justify dis charge. In all such eases an immediate conference between company and union shall be held to settle the issue in question. 78. No Discharge fo r Refusal To Work on “ Unsafe” Job Pending Determination by Safety or Medical Director. Employee Given Available Work Elsewhere or Sent Home Without Pay i f Work Unavailable An employee shall not be discharged fo r refusing to work on a jo b if his re fusal is based on the claim that said job is not safe or might unduly endanger his health, until it has been determined by using the procedures provided in this article, and applying the plant standards set forth in paragraph . . . above, that the job is safe. In such cases the foreman shall request an immediate determination by the safety and/or medical director as to whether the job is safe or unsafe. Pending such determination, the employee will be given suitable work elsewhere in the plant, i f such work is available. I f no suitable work is available, he shall be 18 COLLECTIVE BARGAINING PROVISIONS sent home. Time lost by the employee when so sent home shall not be paid for by the company. 79. Management Decision Final on Safety o f Job; Decision Accelerated Any employee who is assigned to a job which he has good reason to believe may be dangerous to life or limb may immediately notify the foreman and his steward or committeeman. I f the matter is not resolved with the foreman, the steward or committeeman may take the matter up immediately with the personnel director or his designated representative for the purpose o f resolving the dispute. I f the decision o f the management is that the job is safe, the employee must perform the job assigned. 80. Employee Claiming Unsafe Job May File Grievance or Bequest Transfer Fend ing Settlement An employee who believes that he is being required to work under conditions which are unsafe or unhealthy beyond the normal hazard inherent in the operation in ques tion, shall have the right to: 1. File a grievance on said condition in line with section— hereof. It is understood and agreed that i f a grievance is filed on an unsafe working condition, management representatives shall give said grievance preferred handling and expedite its move ment through the grievance procedure. 2. Or he may request assignment to another job until the question is properly settled. Safety to Public In addition to State regulations covering workers in industries or occupations in which the safety or health of the workers may be affected, agreements often contain provisions for the protection of the public welfare as well as o f the workers. Agreements in the food industries, for example, may require the employees to maintain minimum standards of health or personal cleanliness, or to pass periodic medical tests. In trucking and in public transportation, the employer may be required to insure and adequately equip all vehicles with safety devices for the protection of the driver and the public. 81. Shop Sanitary Conditions To Comply With Pure Food Laws The shop must be kept clean and in an utmost sanitary working condition in accord ance with full requirements o f the pure food laws. N o t e : This agreement covers bakeries. 82. Employer To Comply with City and State Sanitary Laws The employer shall comply with all standards o f sanitation provided for by laws, ordinances, rules and regulations o f the city and State department. N o t e : This agreement covers barber shops. 83. Employees Must Maintain Personal Cleanliness Sanitary toilets, wash stands and paper towels, also accommodations for hanging clothes, shall be provided by the employer. The employees shall keep themselves clean and in a sanitary condition at all times. SAFETY, HEALTH, AND SANITATION 84. 19 Penalty by Union or Dismissal by Employer fo r Failure To Maintain Personal Cleanliness All employees engaged in the handling o f bakery products until they are wrapped shall wear white and said employees shall maintain their personal cleanliness or suffer severe penalties to be imposed by the union or dismissal by the employer i f they injure or impair the confidence to which the baking business is entitled. 85. Discharge fo r Noncompliance with Health Standards Inasmuch as ice cream is a food o f general public consumption and in many cases is used particularly as a food in hospitals and for convalescents, it is agreed there fore, that any employee may be discharged i f he has fallen below the physical stand ards required by the laws o f the State, municipal ordinances, the rules o f the public health department, or the standards established by the employer. I f an employee is discharged under health standards established by the employer, union officials will first be notified. 86. Ban on Employees with Contagious Disease; Employer or Union May Bequire D octor’s Certificate No employee afflicted with a skin, contagious venereal disease shall be permitted to work in the shop. The employer or the union may require an employee to submit a doctor’s certificate in this connection, or cause the employee to be examined by a licensed physician. N o t e : This agreement covers bakeries. 87. All Trucks Equipped with Safety Appliances The following devices shall be defined as safety appliances and the employer agrees to have all trucks so equipped and maintained in good order at all times. Two rear vision mirrors, one windshield wiper, one arm signal, and a good horn. Wind shields pitted by sand or other blemishes that distort proper vision shall be replaced. Driver’s cab shall have doors or curtains to protect driver during cold or inclement weather. Brakes, headlights, clearance lights, and tail lights, shall meet legal re quirements. Fog lights shall be provided i f truck is operating in regions where fo g is a common occurrence. Tires to be checked, driver not responsible for accidents occurring from bad tires. 88. Equipment To Conform to Applicable Begulations No employee shall be compelled to take out equipment that is not mechanically sound and properly equipped to conform with all applicable city, State and Federal regulations. N ote : This agreement covers over-the-road trucking. 89. All Trucks and Vehicles Must Be Insured All motortrucks, horse-drawn vehicles and rolling equipment owned or hired by the employer must be insured either by an independent insurance company or by selfinsurance. All motor trucks shall be provided with storm-proof enclosures. Seats shall be installed for chauffeurs. 20 COLLECTIVE BARGAINING PROVISIONS Accidents and First Aid Many agreements require the employer to maintain first-aid facilities in the plant. The employers may only be required to have first-aid kits accessible, with a designated employee or trained first-aid attendant in charge. In large plants, a kit may be required in each department. Some agreements specify that a nurse, or doctor and nurse, shall be in continuous attendance or readily available. Others require the employer to provide an adequately equipped first-aid room with a competent person or persons in charge. Sometimes a minimum number of workers must be employed before the company is required to have a trained person in attendance. Where multiple-shift operations are in effect, provision may be made for supervision of first-aid facilities on all shifts. In industries involving hazardous occupations, the employer must make provision for ambulance service or for the maintenance of an ambulance on the premises. Many agreements provide that all accidents must be reported by the injured employees, usually to the foreman or the immediate supervisor. Since most State workmen’s compensation laws require the employer to report all accidents, this is not generally specified in agreements. 90. Adequate First-Aid Equipment Accessible and Available at All Times Adequate first aid equipment shall be placed and maintained by the company in headquarters o f each department and such equipment shall be made easily accessible and available at all times. 91. Employees Required To Know or Learn First Aid An employee covered by this agreement is required to take first-aid training unless; he possesses a knowledge o f at least the fundamentals of first aid to the injured, i.e., Artificial respiration Control o f arterial bleeding Treatment of shock N o t e : This agreement covers copper mining operations. 92. Designated Person in Charge o f First-Aid K it An adequate first-aid kit shall be maintained so as to be easily accessible at all times. The company shall designate a person to take sole charge o f each first-aid kit. 93. First-Aid and Ambulance Service Provided on All Shifts Prompt ambulance service and first aid to injured workmen shall be provided by the employer on all shifts and a safety man shall be employed and made responsible for the proper enforcement o f safety rules. 94. Specified First-Aid Equipment in Chemical Plant In those portions o f the plant employing corrosive chemicals, safety showers, blankets, and counter solutions shall be provided in a conspicuous place and conspicu ously labeled. SAFETY, HEALTH, AND SANITATION 21 95. Company To Maintain First-Aid Room with Competent Person in Attendance The employer shall maintain a first-aid room in each of its plants with a com petent person in charge thereof. 96. Nurses or First-Aid Staff To Be Available; Competent Medical Service Provided fo r Accidents on Company Property A competent staff o f nurses or first-aid personnel will be available in all plants where required and necessary to insure prompt first-aid service to injured employees. Competent medical service will be provided for each employee in case o f an accident on company property. 97. Company To Maintain Medical Department The company will maintain a medical department, properly equipped and staffed and under the direction o f a full-time licensed physician. Only graduate nurses will be employed in this department. 98. Provision fo r Medical Aid An adequate medical service plan has been enacted and shall continue as regards employees, and safety and health conditions affecting those employees, within any area affected by this contract. A competently trained person is and shall continue to be on duty in that portion o f the plant devoted by * * * company for the purpose o f medical aid to its employees during the day shift. Adequate facilities for first aid shall be also provided for the off-shifts. 99. Doctor or Nurse in Attendance During WorTcing H ours; Ambulance Maintained A physician or a registered male nurse shall be in attendance at each yard during all working hours to provide adequate first-aid service. The company, at its own expense, will provide an ambulance which will be main tained at each yard during all working hours. 100. First-Aid Attendant on Duty so Long as Production Departments Operate The company will continue to make reasonable provisions for the safety and health o f its employees at the plant during the hours o f their employment. Pro tective devices and other equipment necessary to properly protect employees from injury shall be made available by the company. It is further agreed that the firstaid department will be open with an attendant on duty at all times when production departments are working. 101. First-Aid Personnel Available Provided Minimum Number o f Employees at WorJc The employer agrees that it will have available a person qualified to administer first aid at all times that two hundred (200) or more employees are at work. 102. First-Aid Boom and Equipment To Be Furnished in Plants Employing More Than 25 Workers There shall be established within sixty (60) days in each plant where twentyfive (25) or more employees are employed, a first-aid room with bed or couch for ill or injured employees and equipped to care for the sickness or injury o f the employee. N o t e : This agreement covers a number o f individual firms. 22 COLLECTIVE BARGAINING PROVISIONS 103. Company To Try To Have Trained First-Aid Men in Every Department The company will endeavor to have present in every department and on every shift employees trained in first aid and holding a United States Bureau of Mines, Red Cross or other recognized certificate for first aid. Such employee shall carry on his regular job and not be entitled to extra compensation for first-aid duties. 104. Company’s First-Aid Doctor on 24-Hour Call Registered doctors will be in charge o f the company’s first-aid departments, being on call twenty-four (24) hours a day. No employee injured in a plant will be required to sign any statements in the first aid. 105. All Accidents To Be Deported to Foreman or Overseer A Standard Red Cross first-aid kit shall be kept at all times in all departments to meet any emergency that may arise, but accidents, however minor, shall be reported to the foreman or overseer o f the department, and the overseer shall report the accident to the office o f the employer. 106. All Injuries To B e Deported to First-Aid Department During Day S h ift; to Foreman, During Night Shift Injuries of any nature whatsoever shall be reported immediately by the em ployee to the first-aid department between the hours of 8:30 a.m. to 5:30 p.m., and to his foreman between the hours o f 5:30 p.m. to 8:30 a.m. 107. Accident Form Must B e Filled Out A fte r First Aid Is Given Employees injured while at work will cooperate with their foreman in making out an accident report as soon as possible after medical attention is given. 108. Ill Employee Must Deport Illness to Supervisor B efore Going to First-Aid Doom I f an employee becomes ill while at work, he or she shall report such illness to a supervisor who will permit the employee to report in person the circumstances o f his or her physical condition to the company’s first-aid room. The first-aid room will take appropriate action. 109. Company To Furnish Transportation to Employee Injured at W ork; No F ay Loss In case o f injury sustained by an employee in the course of employment and requiring immediate attention o f a physician, the employer shall provide necessary transportation to the physician’s office, and to the employee’s home, or to the hospital, i f necessary. I f the employee returns directly to work on the same day, he shall suffer no loss o f time, and i f sent home or to the hospital, shall be paid for the balance o f the half-day work period in which the injury was sustained. In no case shall such employee suffer loss o f time when required to leave his jo b for visits to the physician for further treatment o f such injury. 110. No Discrimination Against Employees fo r Filing Claim B efore State Indus trial Accident Commission The employer agrees not to discriminate against any employee because o f his either filing a claim or appearing before the California State Industrial Accident SAFETY, HEALTH, AND SANITATION 23 Commission. The employer agrees to exert every possible effort to find employment in his shop fo r his employee who has become totally or partially disabled because o f an industrial accident at his shop. 111. Employee Complaints Over Company Hospital or Doctors Subject to Grievance Procedure It is understood and agreed that the company’s hospital is maintained primarily for the purpose o f providing medical and hospital services to company employees who may need the same as a result o f industrial injuries * * * . Should any employee have a complaint against the company’s medical director or his assistant, or the facilities o f the company’s hospital when said employee is being treated by the company’s medical director or his assistant, or is using the facilities o f the company’s hospital because o f an injury which arose out o f and in the course o f his employment, said employees may present said grievance for adjustment under the grievance procedure. 112. Employee Dissatisfied With Company D octor’s Treatment May Select Own Doctor at Company Expense, Provided Cost Does Not Exceed That Paid to Company Doctor I f an employee entitled to medical treatment at company expense has good and sufficient reason to believe the medical treatment given by the company doctor is insufficient, he may select his own doctor and be treated at the company expense, providing he notifies the company o f such change, and providing the cost o f such private medical attention does not exceed that paid to the company doctor. Sanitary Conditions The obligation of the employer to maintain sanitary and comfortable working conditions is expressly affirmed in a number of agreements. The exact nature o f these clauses is dependent, of course, upon the kind of workplace and type of work performed. A general clause of this nature requires the employer to provide a clean, ventilated, and properly lighted work room for the performance of all work. The most common type of specific clause requires the employer to furnish and maintain clean toilets, washrooms, good drinking water, sanitary fountains, and proper light, heat, and ventilation. Those agree ments covering “ dirty” occupations, where employees change to work clothing, usually require the employer to furnish showers, lockers, and dressing rooms. In industries such as logging and maritime, where liv ing quarters are furnished, the agreements may specify standards of sleeping and eating arrangements. Often the union agrees to share responsibility for maintaining sani tary conditions and to cooperate with the employer in carrying out the intent o f this clause, and the employees are required to cooperate to this end. 24 COLLECTIVE BARGAINING PROVISIONS 113. Employer To Maintain Sanitary Conditions The company will continue to maintain a clean, properly-lighted, heated, and ventilated factory with approved safety devices. 114. Specific Sanitary Facilities Provided and Maintained The company agrees to furnish good drinking water and sanitary fountains will be provided where necessary. The floors o f the toilets and washrooms will be kept in good repair, in a clean, dry, and sanitary condition. The shops and washrooms will be lighted and heated in the best manner possible consistent with the source o f the heat and light available. Lockers will be pro vided for all employees. 115. Sanitary Facilities, Including Adequate Best Booms, Provided Adequate rest-room facilities shall be provided by the employer. All rest rooms shall be kept in a sanitary condition. Adequate drinking fountains shall be installed and maintained, and adequate ventilation shall be provided by the employer. 116. Prinking, Eating, Washroom Facilities Furnished Proper drinking, eating, and washroom facilities will be provided at both the [plants]. 117. Specific Sanitary Facilities Furnished, Including Showers Change houses, locker, and shower rooms will be furnished by the company for the use o f the employees. 118. F ifteen Minute Wash-TJp Time Allowance to Employees Handling Coal and Other Dirty Work In the production department all coal-handlers at coal-unloading pits, and coal handling operators working between the coal pits and bunkers, desiring to take a bath before leaving the plant, shall be allowed to leave the job for the locker room fifteen (15) minutes before the end o f their scheduled work period. Any employee, who has become unusually dirty, may, after securing permission from his immediate supervisor, take time from work to bathe and clean up. 119. Company To Furnish Soap and Allow 30 Minutes Per W eek fo r Washing Clothes on Company Time The company will furnish suitable soap for bathing; however, shall not be required to furnish in excess o f three (3) bars per week to each employee. The kinds o f soap purchased for this purpose shall be limited to six, such kinds to be designated by the workmen’s committee. The company shall also furnish soap for washing clothes, each man to be entitled to receive one (1) pound per week and each man shall have thirty (30) minutes per week for washing clothes on company time. N o t e : This agreement covers the manufacture of carbon black. 120. Drinking Water During Summer Months The company shall furnish cold drinking water during the summer months to the employees working in the plant. SAFETY, HEALTH, AND SANITATION 25 121. Sanitary Standards fo r Living Quarters and Food The following items shall be supplied to the unlicensed personnel: 1. A suitable number o f clean blankets. 2. White sheets and pillow cases which shall be changed weekly. 3. Face and bath towels which shall be changed twice weekly. No clean linen or towels shall be furnished until soiled linens and towels have been returned to the steward. Mattresses or pillows filled with straw or excelsior shall not be supplied. The company agrees to make every effort to supply mattresses o f high grade quality. Recognizing that mattresses are subject to wear and tear and may not always be in sanitary condition, the company agrees to replace mattresses and pillows when such replacements are legitimately necessary. All dishes provided shall be crockery ware. 1. Percolator to be supplied to each ship. 2. Each bunk shall have bunk lights installed. 3. Lockers o f full length to be installed for all employees where practicable. 4. Chest o f drawers to be placed in every room where practicable; also drawers under bunks where practicable. 5. Each vessel is to be furnished with at least one electric washing machine for the use of the crew. 6. When necessary, bunk springs shall be replaced by ones o f first-class quality and material. 7. Water coolers and sanitary drinking equipment to be installed for the use o f the unlicensed personnel. When available, an electric refrigerator shall be installed for the use o f unlicensed personnel for food served at irregular hours. 8. All stores and provisions to be o f standard quality. The ship’s committee shall be accorded the right to consult with the steward concerning the quality and quantity and variety o f food served at meals and light lunches. All quarters and messrooms shall be adequately ventilated and a sufficient number o f electric fans to secure such ventilation shall be installed. When necessary such spaces shall be suitably screened. All quarters are to be kept free from vermin and clean insofar as possible, and the unlicensed personnel shall cooperate in this respect. The company agrees to fumigate all quarters regularly when such fumigation is necessary. 122. Employer To Install Necessary Heating and Ventilating Systems Proper heating and ventilating systems shall be installed by the corporation wherever needed. 123. Company To Comply with State Hygiene Department’s Buling on Additional Heating or Ventilating Systems Any complaints relating to additional heating or ventilating systems shall be made to the West Virginia Hygiene Department and i f upheld by such Depart ment, the company agrees to follow the rules o f such Department. 26 COLLECTIVE BARGAINING PROVISIONS 124. Minimum Temperature in Work Places Specified Cutting sheds and air for pneumatic machines to be heated from October 15 to April 15 o f each year to at least forty (40) degrees. Hot water must also be provided during the same period. 125. Window Screening in Departments Working Nights, Except Those in Which Humidity Is Regulated The company will endeavor to maintain a high standard o f safety and sanitation in the mill. The company also agrees to furnish screens for fifty (50) percent o f the windows in all departments regularly running nights, except those in which the humidity is regulated. 126. Company and Employee Cooperation in Maintaining Sanitary Conditions The company will provide and maintain adequate rest and recreation rooms and toilet facilities, but the maintenance o f sanitary conditions therein shall be the mutual obligation o f all employees and the company. 127. Union Committee To Assist on Sanitation and Other Problems— Food Product Plant Since the company operates a food product plant it is recognized by both parties that it is to their mutual interest that a high degree o f sanitation and cleanliness be maintained and they hereby mutually agree to cooperate to that end. The union agrees that a committee be selected to work with management on problems o f efficiency, sanitation, production and quality since it is agreed that these problems affect both wages and continuity o f employment for each employee. It is agreed that all employees shall comply with the rules and regulations o f the company as set forth in the 1‘ Employees Manual. ’ 9 128. Access to Plant by Union Representative To Check Sanitation, Fire Pre vention, and Safety The employer agrees to maintain sanitary conditions in his shop or shops. A duly authorized representative o f the union shall have access to the factory or the employer at all times for the purpose o f investigating conditions o f the shop with reference to sanitation, fire prevention, and general safety. Shift in Temperature Conditions Special provisions are made for employees in industries which re quire shifts in temperature conditions— from hot to cold or vice versa. The employee must be given time to change clothing; or he may not be forced to work on a job where it is unusually hot or cold. 129. Shift from Warm to Cold Temperature— Employee Given Sufficient Time To Change Clothes When an employee is changed from a warm to a cold department or vice versa, he shall be given sufficient time to change his clothing. 130. Shift from Warm to Cool Departments— Notice to Employee on Previous Working Day SAFETY, HEALTH, AND SANITATION 27 Employees shall not be changed from warm to cool departments without being notified on the previous working day; when changed from cool to warm departments there shall be allowed ample time to change clothing. 131. Employees Shifted from H ot to Cold Work Given Time To Cool O ff Employees working on “ hot work17 will not be require to work on “ cold w ork’ y or go out into the weather until given sufficient time to cool off. Where time will permit, furnaces will be cooled before they will be required to work in them. 132. Secret Ballot, Under Joint Supervision, on Whether Kiln Is Too H ot To Be Worked It shall be left to the discretion o f the majority o f the wheelers to determine b y means o f a vote taken by secret ballot whether a kiln is too hot to be worked and such vote shall be counted jointly by a union and company representative. 133. Employees N ot Required To Work in Unreasonably H ot Work Place No employee shall be required to work in any kiln as long as the temperature where he is to work is unreasonably hot. Smoking Provisions and Regulations The subject o f smoking is sometimes covered in agreements, although it is more often incorporated in plant or shop rules. The prevalence of smoking regulations and extent of prohibition of smoking is determined to a considerable extent by the nature of the industry and the types o f materials handled and processes used. Because of the danger of fire and other safety hazards, or because of fire insurance and safety regu lations, smoking may be either prohibited anywhere in the plant or in restricted areas only. Violation of this rule usually results in disciplin ary action, including discharge. Occasionally, smoking is permitted only at certain hours, or at certain intervals. Determination of the areas in which smoking shall be permitted is usually left to manage ment. In some agreements, the union pledges itself to cooperate in enforcing smoking rules and in keeping violations to a minimum. Oc casionally, too, smoking is permitted on a trial basis subject to revoca tion of the rule in the event o f abuse. 134. Smoking in Nonrestricted Areas To Be Negotiated The matter o f smoking during working hours, with the exception o f areas w hich may necessarily be restricted, w ill be the subject o f negotiations between the union and management. 135. Ninety-Bay Trial Period fo r Smoking, Subject to Company Buies Smoking shall be permitted in departments and offices according to smoking regulations established by the company and restricted to those regulations during a 90-day trial period. Smoking may be discontinued at the end o f the trial period if, in the opinion o f the management, such service is not satisfactory. 28 COLLECTIVE BARGAINING PROVISIONS 136. Flat Prohibition o f Smoking in Plant Employees are forbidden to smoke in the plant. 137. Smoking Banned in Specified Departments, Places, or on Certain Jobs, but Permitted During Lunch Periods. Company Bight To Add to List o f Places Where Smoking Is Banned The company agrees to allow smoking during working hours in the shop except in the rest rooms and toilets, in the stockroom, adjacent to and in the paint shop, and in busses being final trimmed, also b y anyone working under neath a bus or chassis. The company reserves the right, as it deems necessary, to add to this list o f places where smoking is banned, and w ill do so by written notification to the union bargaining committee, supplemented by posting on the bulletin boards. Employees o f those departments or places or doing certain jobs where smoking is banned, must confine their smoking to morning, noon, and afternoon lunch periods. Any employee found violating this privilege by smoking in the toilets or on other banned locations or jobs will be given a 1-week lay-off for the first vio lation and discharge for the second violation. The company is extending this smoking privilege so that those eligible who feel the need of a smoke between rest periods w ill have the privilege o f doing so. The company must insist, however, that this privilege not result in undue loss o f time and that every effort be made by all employees to eliminate fire hazard and to promote safety. The union agrees to cooperate and assist in this. 138. Discharge for Smoking While on Duty or in Prohibited Areas Reasons for discharge: Smoking while on duty or in prohibited areas, which are all parts o f the mill except the locker rooms and boiler house. 139. No Smoking in Designated Areas; Discharge for Violation; Union Coopera tion Pledged There shall be no smoking in the cargo spaces o f the ship or on deck near open hatches or on the pier o f the party o f the first part; for a violation o f this provision, the guilty person shall be discharged and given no further employ ment by the party o f the first part. The union recognizes the danger o f this offense and agrees to cooperate in every w ay to eliminate it. 140. Graduated Penalties fo r Smoking in Prohibited Areas The penalties for * * * smoking in prohibited areas shall be as fo l lows: * * * First offense, suspension for 15 days; second offense, suspension for 30 days; succeeding offenses, minimum penalty, 60 days* suspension, maximum penalty, discretionary. 141. Smoking Allowed in Present Smoking Areas and in Other Areas Determined by Management The company shall permit smoking in plant areas, in which the privilege now exists, and upon request o f the union shall extend such privileges to other plant areas where they are, in the judgment o f plant management, prac ticable and consistent with safety and good operating practices. The location o f smoking areas shall be determined by management. SAFETY, HEALTH, AND SANITATION 29 142. Ten-Minute Paid Smoking Allowance per Half-Shift, Plus 5 M inutes9 Travel Time to and from Approved Smoking A rea ; Privilege Withdrawn A fte r Notice to Union, i f Abused All employees shall continue to be allowed a ten (10) minute smoking period during the first half o f the shift and ten (10) minute smoking period during the second half o f the shift. In addition to the time mentioned above, an allow ance w ill be given for travel time from the work area to an approved smoking area and return, this travel time not to exceed five (5) minutes for each smoking period. Such smoking periods shall not be deducted from the employee ’ &working time and shall be paid fo r b y the company. The precise time o f these periods shall be determined by the company but due consideration shall be given to the wishes and convenience o f the employee involved. This privilege, i f abused, may be withdrawn at any time, after such abuse has been called to the atten tion o f the union and has not been satisfactorily corrected. 143. Employees Allowed One 10-Minute Maximum Smoking Period fo r Each 6 Hours Worked Employees shall be allowed one (1) smoking period for each (6) hours w orked; such smoking period not to exceed ten (10) minutes. This time shall not be used as a means o f increasing the rate. 144. Smoking Permitted in “ Smoking A rea 99 by No More Than Five Employees at Any One Time The company shall designate and provide a smoking area in the plant to be plainly marked and it is mutually agreed that the privilege o f smoking in this segregated area is granted upon the express condition and understanding that at no time during working hours, on any and all shifts, shall more than five employees at a time congregate or loiter in the smoking area fo r the purpose o f smoking or otherwise. Eating Facilities While it has been customary in many instances for agreements to require the employer to provide clean and sanitary space where em ployees might eat their lunch, the broader problem of in-plant feeding became increasingly important during the war period. This was particu larly true where large plants sprang up in outlying districts or where plants enlarged rapidly and public eating facilities were not adequate. Agreements may provide that these facilities be maintained by the company, sometimes with union cooperation. These facilities may in clude in-plant feeding; they may be limited to the provision of hot coffee at cost during the meal period; or they may merely call for suit able eating places to be furnished by the company. 145. Clean and Sanitary Lunch Places Furnished by Company The company agrees to furnish employees with clean and sanitary places in which to eat lunch. 30 COLLECTIVE BARGAINING PROVISIONS 146. Present Catering Service Maintained as Long as Conditions Permit The company agrees that the present catering service w ill be maintained as long as conditions remain that w ill permit the present service to operate. 147. Hot Foods To Be Furnished in Plant Cafeteria H ot food service w ill be provided in the cafeteria at regular lunch times except when the plant is not operating. Workmen’s Compensation Although there are workmen’s compensation laws in all States, some agreements specifically require the employer to carry insurance to pro vide benefits for injuries to workers while on the job. This contractual requirement apparently arises from the fact that (1) the law is elective in many States and therefore the employer is not required to come under the act; (2) many State laws do not cover employers who have less than a certain number of employees; and (3) no law covers all employments. Most workmen’s compensation laws permit the employer to self-insure under certain conditions. However, agreements sometimes contain a provision prohibiting self-insurance. Unions also extend the protection from loss of pay due to accident on the job by requiring that the employee shall be paid for time lost on the day the accident occurred, for time lost before workmen’s com pensation becomes effective, for the difference between State compensa tion pay and the employee’s regular wage, and for hospital and medical care incident to the injury. (See Bulletin 908-6, Leave of Absence; Military Service Leave, page 18, for additional clauses on payments to supplement workmen’s compensation benefits.) 148. Employer To Carry Workmen’s Compensation Insurance It shall be the duty o f the party o f the first part to carry proper compensa tion insurance on all employees so that they will be fu lly protected in case o f accident. 149. Refusal To Provide Workmen’s Compensation Protection, Deemed Agreement Violation Each operator who is a party to this agreement w ill provide the protection and coverage o f the benefits under workman’s compensation and occupational disease laws, whether compulsory or elective, existing in the States in which the respective employees are employed. Kefusal of any operator to carry out this direction shall be deemed a violation o f this agreement. N otice o f com pliance with this section shall be posted at the mine. 150. Employer To Carry Workmen’s Compensation Insurance; No Self-Insurance Employer agrees to at all times carry workm en’ s compensation insurance on his said employees, and w ill not be a self-insurer. SAFETY, HEALTH, AND SANITATION 31 151. Employer To Carry Workmen's Compensation Insurance and File Information with Union A ll employers, parties to this agreement must carry the compensation insur ance to cover all jobs wherever the work is being done and supply the union with the name o f the carrier and the number o f the policy. 152. Employer To N otify Union Committee o f Disposition o f Workmen's Compen sation Cases The company agrees to give the health and safety committee o f the union a report as to the final disposition o f all cases that come under the W orkm en’ s Compensation A ct o f the State o f Illinois. 153. Pieceworkers To Be Covered by Workmen's Compensation It is further agreed that all piece workers are employees and are not inde pendent contractors and shall receive compensation in case o f injury arising out o f the course o f their employment when the injury is one which is com pensable under the W orkm en’ s Compensation A ct o f the State o f Minnesota. The [em ployers’ association] w ill cooperate with the union in seeing that all employers carry compensation insurance at all times and each employer agrees to carry such insurance. P roof o f insurance coverage in the form o f a certifi cate o f insurance shall be furnished the union. 154. Employee Paid for A ny Time Lost on Day o f Injury In case any employee is opinion is compelled b y the o f workday in which injury for the time lost on date o f his shift. injured at his work and in the company doctor’s seriousness o f the injury to lose time for balance occurred, he shall be paid for his full 8-hour shift injury plus any premium which might be due from 155. Employee Paid Difference Between Workmen's Compensation and Wages for 2 Weeks, A fte r Which Union and Company Negotiate Further Pay Benefits It is agreed that the follow ing interpretation is acceptable to both parties on occupational injury benefits: “ Occupational injury benefits will be paid for the first 2 weeks the difference in wages between the employee’s wage and the compensation pay. It is agreed where an occupational injury lasts longer than 2 weeks, the committee and the company will negotiate a settlement on further pay benefits for the par ticular case. ’ ’ 156. Employee Paid fo r 56-Hour Period i f Eligible for State Compensation A ny employee who, while working on company property at his regular duties, is injured seriously enough to obtain State compensation, shall be paid his regular straight-time hourly rate o f pay for a period o f fifty-six (56) hours, dating from time o f injury. 157. Accident Compensation— Employee Paid fo r First 3 Days Provided Absent 10 Days and No State Compensation Pay Deceived In the event o f compensable injury or disability, arising out o f and in the course o f employment, to an employee, he shall receive compensation for the 32 COLLECTIVE BARGAINING PROVISIONS first 3 days off at the rate applicable under the Missouri State Workmen’s Compensation A ct when such employee is off for 10 days or more. This shall not apply where a man receives compensation for the first 3 days under the Act. 158. Accident Compensation— Paid Begular Wages Until Compensation Benefits Start, Provided Have 1 Y ear’s Service. Seniority Bights Protected fo r 1 Y ear; Joint Decision on Disability Cases Over 1 Year A ll employees disabled during the course o f their employment that have one (1) y ea r’ s service with the employer, shall be paid at the regular wage rates until such time as the W orkm en’s Compensation A ct takes effect. Employees who are injured, but whose disability does not prevent them from perform ing w ork for the employer in a reasonable manner, shall be protected in their seniority rights. In cases involving disability for a period longer than one (1) year, it shall be determined by joint action o f the job steward or job committee o f the union and the representative o f the employer. 159. Accident Compensation— All Medical and Hospital Expenses Paid by Com pany Employees injured while at work shall be given medical attention at the earliest possible moment, and employees shall be permitted to return to work without signing any release o f liability pending the disposition and settlement o f any claim for damage or compensation. Employees w ill be given medical examination without loss o f time when such is required b y the company. When an employee is injured on the job, all medical expenses, hospital and doctor bills, and other expenses incident to the injury w ill be borne b y the company. The company w ill provide transportation to and from doctor’ s office or hos pital from company premises on day o f accident for injured employee when such is required. 160. Occupational D isease: Employer To Furnish Physician’s Treatment and Sur gical, Hospital, and Nurses Services and Supplies Up to 90 Days Where the X-ray o f the employee reveals that he is suffering from an occu pational disease attributable to his employment with the company, the company hereby agrees that it w ill furnish or cause to be furnished, free o f charge to the disabled employee, an attending physician for the treatment o f his occu pational disease, and in addition thereto, such surgical, hospital and nurses services and supplies as the attending physician may deem necessary for a period o f up to ninety (90) days, i f necessary, unless otherwise agreed between the company and the union, but in any case not less than statutory requirements. Where an employee, who prior to any periodic examination offered by the company, discovers that he is suffering from an occupational disease, makes representation o f this fa ct to the company, the company shall make or cause to be made a physical examination and X-ray of the employee, free o f charge, and when the fa ct o f disablement by occupational disease attributable to his employment with the company has been determined, the company shall furnish or cause to be furnished such treatment to the employee as is required by the preceding paragraph. A ll rights under this contract shall continue with the disabled employee and he shall have the benefits o f the contract upon his recovery from the occupational disease. SAFETY, HEALTH, AND SANITATION 33 Physical Examinations Physical examinations and health certificates are required as a condi tion of employment in a number of agreements. This is particularly true in industries such as food-processing and transportation, where public health and safety are involved, and in industries entailing haz ardous work. Some agreements, on the other hand, restrict the right of the company to require medical examinations. Meeting physical standards through a physical examination may be required of prospective employees only, as a condition of employment, or of present employees as well, as a condition of continued employ ment. The employer may have the right to require periodic physical check-ups of all employees, or of those in particularly hazardous occu pations, either by the company’s physician or by a physician chosen by the employee. An employee absent from his job, whether due to lay-off or to illness or injury, may be required to take a medical examination to determine his physical fitness when he returns to the job. He can be refused em ployment if he fails to pass the minimum medical requirements of the company. This requirement applies, in some agreements, only if the employee has been absent for an extended period or for a specified time. Some employers also reserve the right to require a medical examina tion of employees chronically absent. Some agreements protect workers by providing for continuance at work if the employee’s physical disqualification can be corrected by treatment or, in the case of contagious diseases, by permitting the em ployee to return to work after a specified time on presentation of a health certificate. As a protection against discrimination and possible disqualification for work when the employer is given broad rights to set physical stand ards and require physical examinations, provision is often made for appeal, either through the employee’s own physician, a neutral physi cian, or through the regular grievance procedure. The report of the company physician is usually made available to the employee or his physician. Further protection to employees is the purpose of provisions stating that physical examinations shall not be used for purposes of discrimination. Usually, the company pays for the initial examination; in cases of appeal, the employee often pays for his own physician and the com pany either pays for the third physician or shares this expense with the employee. Some agreements which protect present employees against losing their jobs upon failure to pass a physical examination specifically state that new applicants may be rejected. 34 COLLECTIVE BARGAINING PROVISIONS Preemployment and Periodic Examinations 161. No Physical Examination Except as Required by Law There shall be no d octor’s physical examination nor age limit, except as required by law. Unless required b y law, no employee shall be compelled to pay hospital or insurance fees in the course o f employment or as a condition to secure employment. 162. Employer Right To Require Physical Examinations and Set Reasonable Health Standards The company shall have the right to adopt at any time the requirement o f physical examination for its employees and set reasonable health standards. The company may decline to employ or retain in its employ any person who falls below the reasonable health standards required. 163. Preemployment and Periodic Examinations by Company Doctor The company may require all applicants for employment to be examined by a physician employed by the company, shall have the right to require all employees to be examined and periodically reexamined at reasonable intervals by a physician employed b y the company, all such physical examinations to be free at the expense o f the company. 164. Preemployment Examination by Company D octor; Subsequent Examinations by Em ployee’s Doctor Employees shall not be required as a condition o f employment to submit to a physical examination b y a physician in the pay o f the employer or its agents, but may furnish a certificate o f current date from any reputable doctor o f the em ployee’s own choosing. Applicants for employment shall be examined by a reputable physician chosen b y the employer. 165. Semiannual Examinations o f Employees in Specified Hazardous Occupations Employees engaged in sand blasting, plating, or spray painting shall be given physical examinations b y a physician semiannually during their employ ment in such occupations. 166. E ye Examinations Required Periodically— Certificate o f Fitness a Condition o f Employment The company shall have the right to require employees to have their eyes examined periodically by competent eye specialists whose fitness has been legally determined, and the failure o f any employee to furnish the company with ten (10) days after notice o f such requirement of a certificate o f fitness approximating normal ocular efficiency, shall be sufficient cause for lay-off without pay; it being provided, however, that such fitness may be effected by the use o f eye glasses, i f necessary. 167. Frequency o f Periodic Examinations Geared to A ge o f Employees At the company’s expense and under direction o f the company doctor, physical examinations will be made o f all employees at such times as the company may request. The company hopes to continue the present plan of physical examinations o f employees 45 years o f age or older every year, and employees under 45 years o f age every other year. SAFETY, HEALTH, AND SANITATION 35 168. Union and Company Physicians Determine Frequency o f Periodic Examinations and X-Bays, With Cost Borne ~by Company The company shall have the right to accept or reject new employees on the basis o f physical examinations and X-rays, and shall make periodic physical examina tions and X-rays o f its employees. The company agrees that physical examinations and X-rays shall be taken as often as determined by the company’s physician and the physician appointed by the union, as hereinafter set forth $ all expenses o f such examinations and X-rays to be paid for by the company. All male employees shall be examined and X-rayed before June 1, 1948, except any male employee who has been X-rayed since January 1, 1947. The union shall appoint a physician to represent the union for the purpose herein described. The company will permit the union’s physician to see and examine all periodic X-rays hereafter taken and also the periodic X-rays taken since 1940. Upon written request o f any employee’s family physician, the employee shall be permitted to take his X-rays to be examined by his family physician. It being understood that the employee shall be responsible for the safe return o f such X-rays. 169. Company Bight To Determine Physical Fitness at Any Time with Option To Find Other work or To Dismiss Employees Physically Impaired The company shall have the right to determine the physical fitness o f an employee at any time and for this purpose may require such employee to be examined by a company physician at the company’s expense. In the event an employee is found to be physically impaired, the company will endeavor to give him other work, provided in the company’s judgment such work is available and the employee is capable o f properly performing such work. Otherwise, such employee may be dis missed. Furthermore, i f an employee is found to be suffering from a contagious or infectious disease or to be mentally unsound, he may immediately be dismissed. 170. Company Bight To Transfer Employee, Based on Physical Examination It is understood that in cases where physical examination indicates that an employee should have a change in occupation, the company will have the right to transfer that employee to work for which he is physically fit, considering said employee’s competency and seniority status. 171. Examinations N ot To A ffect Worker*s Employment Status, Subject to Lay-Off in Ccirse o f Communicable Disease Employees shall submit to an annual physical examination by the company’s doctor, or oftener i f requested by the company. This examination shall not affect the employee’s employment status with the company. Employees having venereal diseases or tuberculosis communicable to other em ployees will be laid off as soon as proven by a competent medical doctor and will not be permitted to resume work until he furnishes medical proof o f noncon tagiousness. 172. Employee May Bequest Yearly Check-Up by Company Doctor Each employee may have a complete and thorough physical examination made by a company physician once each year for each full year o f employment. It is understood that this yearly physical examination shall be for the sole purpose o f 36 COLLECTIVE BARGAINING PROVISIONS informing the employee o f possible necessary treatment for keeping himself in a tit physical condition for further work. The above mentioned physical examinations by a company physician shall be made without cost to the employees. 173. Chest X-rays Provided Periodically on Bequest. Besults Given Employee and to Union, on Employee Authorization The company shall provide for a chest X-ray annually for employees who volun tarily submit thereto. The company shall provide for chest X-rays on a semiannual basis for employees working in the Textile Division, Braiding Department, M.S.C. Mixing and Finishing Department and Limpet Department wrho voluntarily submit thereto. The employee shall be informed as to the negative or positive results o f the X-ray. The union shall receive a copy o f all future X-ray reports direct from the physician making same for all employees who so designate by signing authorization slips. 174. Yearly Examinations Optional with Em ployees; Examination Compulsory Under Specified Circumstances Yearly physical examinations shall be optional with all employees having sen iority, except as hereinafter provided. Employees absent from the plant fo r one (1) year or more, employees who take another job while laid off, and employees who have had a major surgical operation shall be examined by the company physician before returning to work. 175. Cost o f Preemployment Examination and First One Bequested Subsequently Paid by Em ployer; Others, by Employee The employer agrees to pay for any physical examination employer desires at time o f employment. The employer is permitted to request an employee at any time employer desires to furnish a health certificate signed by the company doctor certifying that such employee is free o f all venereal or contagious diseases. The employer will pay the physician’s fee for the first examination. I f the employee is not able to successfully pass such an examination, he or she will be relieved o f employment until such time as he or she can obtain such certificate. All physician’s fees, except for the examination required at the time of employment and the first one requested by the employer thereafter, will be paid by the employee. 176. Cost o f Preemployment Examination Paid by Em ployee; Others Bequired by Company Paid fo r by I t With the exception of the initial examination which is paid for by applicant for employment, expenses o f all medical examinations required by the company and made by the company’s physician shall be paid for by the company. 177. Examinations on Company Time, Whether During or A fter H ours; Time Lost Credited fo r Premium Pay Purposes The company will continue to make reasonable provisions for the safety and health o f its employees. The employees shall submit to medical examination of such nature and at such frequency as the company shall determine to be in the best interest o f the health and well-being o f the employees. These examinations shall be on the company’s time and without expense to the employees. In cases SAFETY, HEALTH, AND SANITATION 37 where an employee is requested to report outside o f his regular working hours for physical examination, he will be paid the actual time spent at the plant for that purpose. In case an employee is called from his regular duties for physical exami nation, he shall lose no time for that purpose. All hours credited under this pro vision shall be credited to the employee for the purpose of calculating premium pay. 178. Flight Engineer Must Submit to Other Than Routine Examinations i f Com pany Deems I t Necessary Except for routine pre-flight examinations, a flight engineer shall not be required to submit to any company physical examinations in excess o f two in any 12-month period without the flight engineer’s consent unless it is apparent that his health or physical condition is seriously impaired, in which case the flight engineer shall be furnished a copy o f the company’s medical examiner’s report. 179. Physical Examination as a Condition o f Employment N ot To Be Used as a Means o f Discrimination Physical examination, required as a condition o f or in employment, shall not be used other than to determine the physical condition or to contribute to the health and well-being o f the employee or employees. The retention or displacement o f employees because o f physical conditions shall not be used for the purpose o f effecting discrimination. 180. Health Certificate Required in Food Processing Plant. Disqualified Employee May Return to Work Within Specified Time on Presentation o f Certificate. Company Pays for Examination Requested Employees, when requested by the company, shall submit to physical examina tions, and furnish the company with health certificate from a reputable practicing physician. Failure to furnish certificate within ten (10) days after request shall be grounds for lay-off without pay. Any employee found suffering from tuber culosis or any o f the common venereal diseases, such as gonorrhea and syphilis, or any other contagious disease which, in the opinion o f the company, would make the employee unfit to handle food commodities, shall be laid off without pay. How ever, in the event o f the lay-off o f any employee for any o f the above causes, i f such employee shall report within a period o f six (6) months thereafter and present a certificate of health by a reputable practicing physician showing fitness for work and freedom from such communicable disease, there shall be no loss o f seniority rights; but i f such employee shall, not report within said period, and shall not present said certificate, such employee shall thereby lose his or her status as an employee. In the event o f any employee’s physical or ocular examination showing a satisfactory health certificate, the company agrees to pay for such examination, provided that such examination has been requested by the company. 181. Health Certificate Required o f Service Employees in Logging Camp All cookhouse employees and bed makers shall be required to have a health card from a recognized hospital association or licensed physician. Examinations After Illness, Lay-Off, or Other Leave 182. Examination Compulsory on Hiring and Termination; Optional with Company on Leave, Lay-Off, or Rehire Physical examinations, at company’s expense, will be required o f employees when: 38 COLLECTIVE BARGAININ'G PROVISIONS A. B. C. D. Hired. Rehired, following leave or lay-off (at company’s discretion). When granted leave or lay-off (at company’s discretion). Terminated. 183. Examination Compulsory on Termination, Lay-Off, or Behire Every employee laid off or leaving the company’s employ shall submit to a physi cal examination by a company doctor prior to the time he is removed from the pay rolls. The same procedure will be followed before an employee is rehired. Findings o f the company doctor as to the employee’s physical condition fo r a particular job shall not impair an employee’s departmental or plant seniority rights fo r other jobs for which he is physically fit. 184. Belease from Company Physician A fte r Illness or Injury Employees who have been absent from duty because o f sickness or injury may be required to obtain a release from the company physician before returning to work. 185. No Examination A fte r Lay-Off o f Less Than 90 Days Employees who are recalled from lay-off within ninety (90) calendar days from the date they were laid off, shall not be given a physical examination by the employer at the time o f their recall to work. 186. Certificate o f Fitness or Physical Examination Bequired A fte r Side Leave or in Ca^es o f Constantly Becurring Absence In the case o f employees being absent from work due to illness or physical impairment they shall be readmitted to work upon the presentation o f a certificate o f physical fitness, signed by an accredited physician. This rule, however, shall not limit the right o f the employer to require physical examination by a physician in the employer’s service in exceptional cases or in cases o f constantly recurring absence from duty. 187. Belease from Company Physician Bequired A fte r Absence Due to Illness or Injury. Failure To Beturn to Work A fter Belease Besults in Termination o f Employment Employees who have been absent from duty because o f sickness or injury may be required to obtain a release from the company physician before returning to work. Following an employee’s absence due to sickness or injury, upon being approved by the company physician as fit for his regular job, failure o f such employee to resume work immediately shall be interpreted as his intent to quit, and he will be removed from the pay roll. Appeal Procedure 188. Disputes Over Physical Fitness Settled by Board o f Three Physicians In case a dispute arises over the physical fitness o f an employee to return to work or continue to work, a board o f three (3) physicians shall be selected, one by the employer, one by the employee, and one selected by the two so named. The decision o f the majority o f the board shall be final, but no liability on the part o f the employer shall be incurred as to back pay antedating the decision o f such board. SAFETY, HEALTH, AND SANITATION 39 However, in cases where it is proved that an employee has suffered loss o f pay by reason o f lay-off due to the employer's error the employer will consider reimburse ment o f such employee for time lost. 189. Disqualified Em ployee’s Physician May Make Further Examination. I f Both Doctors Disagree, a Third Doctor To Arbitrate— Expense o f Third Shared Equally by Company and Employee An employee hereunder who fails to pass a company physical examination may, at his option, have a review o f his case in the following manner: (a) He may employ a qualified medical examiner o f his own choosing at his own expense for the purpose o f conducting a further physical examination for the same purpose as the physical examination made by the medical examiner em ployed by the company. (b ) A copy o f the findings o f the medical examiner chosen by the employee shall be furnished to the company, and in the event that such findings verify the findings o f the medical examiner employed by the company, no further medical review of the case shall be afforded. (c) In the event that the findings o f the medical examiner chosen by the em ployee shall disagree with the findings o f the medical examiner employed by the company, the company will, at the written request o f the employee, ask that the two medical examiners agree upon and appoint a third qualified and disinterested medical examiner for the purpose o f making a further physical examination o f the employee, and the findings o f such third medical examiner shall determine the disposition o f the case. The expense of the employment o f such third medical examiner shall be borne one-half by the employee and one-half by the company. 190. I f Company’s and Em ployee’s Physicians Unable To A gree, the First Two Select a Third Physician, Whose Decision Is Final— Company Pays for Third Physician I f an employee is unwilling or refuses to accept the physician's verdict o f any physical examination, provided for in section . . . o f this article, he may select and be examined by any reputable physician and present to the company a cer tificate attesting to the results thereof; this examination to be paid for by the employee. In the event the decision of the employee's physician is contrary to that o f the physician representing the company, an examination may be made by a third physician selected by the two physicians (provided such third physician is a member in good standing o f the American Medical Association) whose findings and opinion shall be final and binding upon the company and the employee. The company will pay for the examination by the third physician. 191. On Appeal, Company Pays Em ployee’s and Neutral Physician if Its D octor’s Deport Is Incorrect; Employee Pays Own Doctor, i f Incorrect. Time Lost Paid by Company Only i f Company Wrong Operators may be required from time to time to submit to any physical, medical, or other examination or reexamination required by the company regulations or by a regulatory body, but they will not be required to bear the expense o f any such examination or reexamination. They will be given an opportunity to take such examination without loss o f time. The examining physician will be selected by the company. Operators will be furnished a copy o f the examiner's report. I f an operator is dissatisfied with the examination as reported by the company's physician, he shall have the right to employ an outside physician o f his own choice and at his 40 COLLECTIVE BARGAINING PROVISIONS own expense. I f the two physicians are unable to agree, they shall call in a third disinterested physician and all parties involved shall be governed by the decision o f the physician so called in. In the event the company’s physician’s report is found to be incorrect, the company will pay all of the expense o f such examination, including the employee’s physician and the third physician. I f the employee is wrong, employee will pay his own physician. Any loss o f time suffered by the employee under this rule will be paid by the company only in case the company is wrong. An employee held from service because o f physical disability will be returned to his proper place as soon as his physical condition permits. 192. Appeal to Public Health Physician; Decision Binding In the event any decision o f the company physician is challenged by the union, as to the physical fitness o f a union member, said member shall be reexamined by a Public Health physician and his decision shall be binding. 193. Annual Physical Examination as a Condition o f Employment— Disqualification Subject to Begular Grievance Procedure Employees in the service will undergo a physical examination in accordance with the rules o f the company each year, the expenses o f such examination to be paid for by the company. Employees found not to be physically qualified may be removed from the service, providing that such cases shall be handled by the representatives o f the [union] with representatives o f the company, and on appeal in the regular order o f succession established by this agreement. The employees shall be entitled to reexamination by the chief surgeon. 194. I f Further Examination Proves Disqualified Em ployee’s Condition Can Be Corrected by Treatment, He May Besume WorJc i f Physical Condition Permits Members failing to pass medical examination by competent medical authority approved by the company may be disqualified for service unless within 10 days after such examination request is made by the member for further examination by two physicians, one o f whom is to be selected by the member or his representative and the other by the company. I f, after the examination, any disqualifications are found and subsequent condition or conditions can, in the judgment of the examining physicians be corrected by treatment, the member may, i f his physical condition otherwise permits, continue in the service. I f able to work, he will be permitted to resume his employment upon certification by the attending physicians. In the event o f disagreement between two physicians, they shall select a third physician and the majority shall rule. The third physician will be paid by employer and member. 195. Company D octor’s Beport Available to Em ployee’s Doctor on Joint Written Bequest Whenever a physical examination or laboratory test has been made by physicians acting for the company a report thereof will be given the personal physician o f the employee involved upon the joint written request o f such employee and his personal physician. Index General clauses: Clause Page (1 ) Reasonable provisions for safety and health; problems subject to grievance procedure .............................................................................. 3 (2 ) Reasonable safety equipment, proper heating and ventilating sys tems p r o v id e d ........................................................................................... 3 (3 ) Employer compliance with fire prevention and safety laws............... 3 (4 ) Health and sanitary conditions to comply with State and Federal laws ........................................................................................................... 3 (5 ) Compliance with regulations of State and Federal labor depart ments. Grievances on noncompliance channelled through safety committee ................................................................................................. 3 (6) Joint cooperation on safety education program................................. 3 (7 ) Safety meetings, open to all workers, to be continued................... 4 (8) Employee participation in fire and safety drills required, at com pany expense ........................................................................................... 4 (9) Union to encourage cooperation in safety measures......................... 4 (10) Union stewards to assist in enforcing safety................................... 4 (11) Union pledges compliance with safety rules and use o f safety equipment by employees........................................................................ 4 (12) Signed safety pledge as condition o f employment............................. 4 (13) Safety suggestions .................................................................................. 4 (14) Disregard o f employee’s safety suggestion and continuance o f unsafe condition covered by suggestion handled through grievance procedure ................................................................................................... 4 Specific safety provisions: Safety rules: (15) Employer to post new safety rules and furnish copy to u n ion .. . . 5 (16) Distribution of safety manual to employees..................................... 5 (17) Safety rules posted and subject to grievance procedure................. 5 (18) Safety and health rules discussed with shop committee................... 5 (19) New safety and sanitation rules by mutual agreement................... 5 (20) Union cooperation in making safety rules and practices effective.. 5 (21) Employees to comply with listed safety rules..................................... 5 (22) Repeated violations o f safety rules cause for discharge................... 6 Safety committees: (23) Union-management safety committee for monthly meetings .................. advisory purposes— 6 (24) Union-management safety committee to enforce State and munici pal regulations and investigate unsafe conditions........................... 6 (25) Joint safety committees to emphasize safety education and acci dent prevention as part o f accident prevention program................. 7 41 INDEX 42 Page Clause (26) Union-management safety committee: statement o f duties; chair manship; grievances .............................................................................. (27) Safety committee as part o f joint labor-management committee.. mittees ............................................................................................................ 7 7 8 (28) Association agreement— joint industry-wide and plant health com mittees .............................................................................................................. (29) Union safety committee to inspect equipment— disputes to State labor department. No loss o f pay for time spent............................... 8 8 (30) Union and company safety committees to meet periodically to re view accidents and to consider union recommendations and sugges tions on safety rules...................................................................................... 8 (31) Union safety committee and subcommitteemen — committee may conduct investigations with safety engineer........................................... 8 (32) Union safety committee to make semimonthly inspection on com pany time; monthly meeting with general safety committee........ 8 (33) Employee safety committees; one member to be union mem ber.. . 9 (34) Union president named union plant safety officer. Definition o f functions .......................................................................................... . . . . 9 (35) Safety and sanitation committee not to include representatives o f either party engaging in collective bargaining................................ 9 (36) Committee majority may order employees off extra-hazardous job s; disputes submitted to arbitration by safety and health specialist 9 (37) Committee member may stop or shut down hazardous jo b ; dispute settled at once by majority vote of entire committee..................... 9 (38) Union safety committee paid by union. Employer to comply with committee recommendation to remove workers from unsafe area. Committee members subject to removal for arbitrary acts............. (39) Committee members paid for 1 hour per month on safety meetings 10 10 (40) Union observer permitted at meetings o f accident investigation committee ..................................................................................................... 10 Safety inspections by company: (41) Periodic safety inspection by first-aid representative........................... (42) Continuous inspection by company representative; special inspec tion on request o f union or worker using equipment....................... (43) Safety engineer on premises..................................................... 11 11 11 Protection o f employees in hazardous occupations: (44) Employer to supply safety devices required by law ......................... 12 (45) Employer to install equipment approved by Federal and State agencies ............................................................. 12 (46) Necessary protection equipment provided andtested periodically. 12 (47) Company to install safety devices mutually agreed upon with union 12 (48) Special protective equipment and clothing furnished. Initial cost of safety glasses shared by company and employee; replacement cost, by company..................................................................... 12 INDEX Clause 43 p^gg (49) Specific personal safety equipment provided.................................... 12 (50) Specific personal and machine protective equipment p r o v id e d .... 13 (51) Specific safety equipment furnished at company’s expense........... 13 (52) Specific safety equipment provided; worn-out equipment replaced 13 (53) Employer to furnish protective apparel or compensate for damaged clothing i f noprotectiveapparel furnished........................................ 13 (54) Employer to make every effort to control dust hazard..................... 14 (55) Employer’s association to provide equipment used in treatment o f silicosis ..................................................................................................... 14 (56) Employer to furnish milk daily to maintain health........................... 14 (57) Charge for loss or willful destruction o f safety equipment.......... 14 (58) Employee charged for equipment not returned to company, on quitting ..................................................................................................... 14 (59) Employee use o f safety devices mandatory......................................... 14 ( 6 ,) Safety equipment provided; employee’s failure to use equipment may result in discharge.......................................................................... 14 (61) Discipline for failure to use protective devices and equipment.. . 14 (62) Daily allowance for safety shoes withdrawn i f unannounced inspec tion shows failure to wear shoes......................................................... 15 (63) Company compensation for accidents denied employees who refuse to use. protective equipment.................................................................. 15 (64) Union may contribute suggestions for safety devices....................... 15 (65) Hazardous jobs— company to provide adequate number o f experi enced w orkm en ......................................................................................... 15 (66) Reasonable rest periods during hazardous or fatiguing work....... 15 (67) Twenty-minute paid wash-up time to employees on toxic opera tions ; lesser time allowances to employees on other operations. . . 15 (68) Work prohibited during inclement weather except in em ergency.. 16 (69) Work prohibited during inclement or below zero weather except to protect life or property or to maintain service to public........... 16 (70) Employer to furnish protective gear during inclement w eath er... 16 (71) Employee constituting safety or health hazard to other employees not allowed to work with them. Company right to examine such employees ................................................................................................. 16 Work under unsafe conditions: (72) No employee knowingly permitted to work on job detrimental to health ......................................................................................................... 16 (73) Employee not required to work under conditions contrary to com pany, safety committee,or State safety code..................................... 17 (74) No work permitted under substandard conditions or in violation o f city or State agencies........................................................................ 17 (75) No employee required to work on unsafe equipment and without specific safety gear. Use o f safety devices, furnished by employees, mandatory ................................................................................................. 17 44 INDEX Clause Page (76) No employee required to drive trucks not equipped with safety appliances ................................................................................................ 17 (77) Prompt union-management conference to settle employee refusal to work under unsafe conditions........................................................... 17 (78) No discharge for refusal to work on 1‘ unsafe ’ ’ job pending deter mination by safety or medical director. Employee given available work elsewhere or sent home without pay i f work unavailable.. . 17 (79) Management decision final on safety of jo b ; decision accelerated. 18 (80) Employee claiming unsafe job may file grievance or request transfer pending settlement.................................................................. 18 Safety to public: (81) Shop sanitary conditions to comply with pure food laws................ 18 (82) Employer to comply with city and State sanitary laws.................... 18 (83) Employees must maintain personal cleanliness................................. 18 (84) Penalty by union or dismissal by employer for failure to main tain personal cleanliness........................................................................ 19 (85) Discharge for noncompliance with health standards......................... 19 (86) Ban on employees with contagious disease; employer or union may require doctor’s certificate............................................................ 19 (87) All trucks equipped with safety appliances....................................... 19 (88) Equipment to conform to applicable regulations............................. 19 (89) All trucks and vehicles must be insured.............................................. 19 Accidents and first aid: (90) Adequate first-aid equipment accessible and available at all times. (91) Employees required to know or learn first a id ................................... 20 20 (92) Designated person in charge o f first-aid k it..................................... 20 (93) First-aid and ambulance service provided on all shifts................... 20 (94) Specified first-aid equipment in chemical plant............................... 20 (95) Company to maintain first-aid room with competent person in attendance ............................................................................................... 21 (96) Nurses or first-aid staff to be available; competent medical service provided for accidents on company property..................................... 21 (97) Company to maintain medical department.......................................... 21 (98) Provision fo r medical aid...................................................................... 21 (99) Doctor or nurse in attendance during working hours; ambulance maintained ............................................................................................... 21 (100) First-aid attendant on duty so long as production departments operate ....................................................................................................... 21 (101) First-aid personnel available provided minimum number o f em ployees at work......................................................................................... 21 (102) First-aid room and equipment to be furnished in plants employ ing more than 25 workers...................................................................... (103) Company to try to have trained first-aid men in everydepartment. (104) Company’s first-aid doctor on 24-hour call......................................... 21 22 22 INDEX Clause 45 Page (105) All accidents to be reported to foreman or overseer....................... 22 (106) All injuries to be reported to first-aid department during day shift; to foreman, during night sh ift.................................................. 22 (107) Accident form must be filled out after first-aid is given................. 22 (108) 111 employee must report illness to supervisor before going to first-aid room ..................................................................... 22 (109) Company to furnish transportation to employee injured at work; no pay loss................................................................................................. 22 (110) No discrimination against employees for filing claim before State industrial accident commission.............................................................. 22 (111) Employee complaints over company hospital or doctors subject to grievance procedure................ 23 (112) Employee dissatisfied with company doctor’s treatment may select own doctor at company expense, provided cost does not exceed that paid to company doctor.................................................................. 23 Sanitary conditions: (113) Employer to maintain sanitary conditions......................................... 24 (114) Specific sanitary facilities provided and maintained....................... 24 (115) Sanitary facilities, including adequate rest rooms, provided........... 24 (116) Drinking, eating, washroom facilities furnished............................. 24 (117) Specific sanitary facilities furnished, including showers................. 24 (118) Fifteen minute wash-up time allowance to employees handling coal and other dirty work........................................................................ 24 (119) Company to furnish soap and allow 30 minutes per week for wash ing clothes on company time.................................................................. 24 (120) Drinking water during summer months................................................ 24 (121) Sanitary standards for living quarters and fo o d ................................ 25 (122) Employer to install necessary heating andventilating systems.. . 25 (123) Company to comply with State hygiene department’s ruling on additional heating or ventilating systems......................................... 25 (124) Minimum temperature in work places specified................................. 26 (125) Window screening in departments working nights, except those in which humidity is regulated.................................................................. 26 (126) Company and employee cooperation in maintaining sanitary con ditions ....................................................................................................... 26 (127) Union committee to assist on sanitation and other problems — food product plant............................................................................. 26 (128) Access to plant by union representative to check sanitation, fire prevention, and safety.......................... 26 Shift in temperature conditions: (129) Shift from warm to cold temperature— employee given sufficient time to change clothes............................................................................ 26 (130) Shift from warm to cool departments— notice to employee on previous working day.............................................................................. 26 46 INDEX Clause Page (131) Employees shifted from hot to cold work given time to cool o f f . . 27 (132) Secret ballot, under joint supervision, on whether kiln is too hot to be worked............................................................................................. 27 (133) Employees not required to work in unreasonably hot work place. 27 Smoking provisions and regulations: (134) Smoking in nonrestricted areas to be negotiated............................... 27 (135) Ninety-day trial period for smoking, subject to company rules.. 27 (136) Flat prohibition o f smoking in plant................................................ 28 (137) Smoking banned in specified departments, places, or on certain jobs, but permitted during lunch periods. Company right to add to list o f places where smoking is banned......................................... 28 (138) Discharge fo r smoking while on duty or in prohibited a r e a s .... 28 (139) No smoking in designated areas; discharge for violation; union cooperation pledged .............................................................................. 28 (140) Graduated penalties for smoking in prohibited areas....................... 28 (141) Smoking allowed in present smoking areas and in other areas determined by management.................................................................... 28 (142) Ten-minute paid smoking allowance per half-shift, plus 5 minutes’ travel time to and from approved smoking area; privilege with drawn after notice to union, i f abused............................................... 29 (143) Employees allowed one 10-minute maximum smoking period for each 6 hours worked................................................................................ 29 (144) Smoking permitted in “ smoking area” by no more than 5 em ployees at any one time.......................................................................... 29 Eating facilities: (145) Clean and sanitary lunch places furnished by company................. 29 (146) Present catering service maintained as long as conditions permit. 30 (147) Hot foods to be furnished in plant cafeteria..................................... 30 Workmen’s compensation: (148) Employer to carry workmen’s compensation insurance................... 30 (149) Eefusal to provide workmen’s compensation protection deemed agreement v io la tio n ................................................................................ 30 (150) Employer to carry workmen’s compensation insurance; no selfinsurance ................................................................................................... 30 (151) Employer to carry workmen’s compensation insurance and file information with union.......................................................................... 31 (152) Employer to notify union committee o f disposition o f workmen’s compensation cases ................................................................................. 31 (153) Pieceworkers to be covered by workmen’scompensation..................... 31 (154) Employee paid fo r any timelost on day o f in ju ry......................... 31 (155) Employee paid difference between workmen’s compensation and wages for 2 weeks, after which union and company negotiate further pay benefits................................................................................. 31 INDEX Clause 47 Page (156) Employee paid for 56-hour period i f eligible for State compensa tion ........................................................................................................... 31 (157) Accident compensation— employee paid for first 3 days provided absent 10 days and no Statecompensation pay received.................. 31 (158) Accident compensation— paid regular wages until compensation benefits start, provided have 1 year’s service. Seniority rights protected for 1 year; joint decision on disability cases over 1 year 32 (159) Accident compensation— all medical and hospital expenses paid by com pa n y............................................................................................... 32 (160) Occupational disease: employer to furnish physician’s treatment and surgical, hospital, and nurses services and supplies up to 90 days ........................................................................................................... 32 Physical examinations: Preemployment and periodic examinations: (161) No physical examination except as required by law ......................... 34 (162) Employer right to require physical examinations and set reason able health standards.............................................................................. 34 (163) Preemployment and periodic examinations by company doctor----- 34 (164) Preemployment examination by company doctor; subsequent ex aminations by employee’s doctor.......................................................... 34 (165) Semiannual examinations o f employees in specified hazardous occupations ............................................................................... 34 (166) Eye examinations required periodically— certificate o f fitness a condition o f employment........................................................................ 34 (167) Frequency o f periodic examinations geared to age o f employees.. 34 (168) Union and company physicians determine frequency o f periodic examinations and X-rays, with cost borne by company................. 35 (169) Company right to determine physical fitness at any time with option to find other work or to dismiss employees physically im paired ......................................................................................................... 35 (170) Company right to transfer employee, based on physical exami nation ................................................... 35 (171) Examinations not to affect worker’s employment status, subject to lay-off in case o f communicable disease......................................... 35 (172) Employee may request yearly check-up by company doctor............. 35 (173) Chest X-rays provided periodically on request. Results given em ployee and to union, on employee authorization............................... 36 (174) Yearly examinations optional with employees; examination com pulsory under specified circumstances.................................................. 36 (175) Cost o f preemployment examination and first one requested sub sequently paid by employer; others, by employee........................... 36 (176) Cost o f preemployment examination paid by employee; others re quired by company paid for by i t ........................................................ 36 (177) Examinations on company time, whether during or after hours; time lost credited for premium pay purposes................................... 36 48 INDEX Page Clause (178) Flight engineer must submit to other than routine examinations if company deems it necessary.................................................................. 37 (179) Physical examination as a condition of employment not to be used as a means o f discrimination................................................................ 37 (180) Health certificate required in food processing plant. Disqualified employee may return to work within specified time on presentation o f certificate. Company pays for examination requested.............. 37 (181) Health certificate required o f service employees in logging camp. 37 Examinations after illness, lay-off, or other leave: (182) Examination compulsory on hiring and termination; optional with company on leave, lay-off, or rehire.................................................... 37 (183) Examination compulsory on termination, lay-off, or rehire............. 38 (184) Release from company physician after illness or injury................. 38 (185) No examination after lay-off o f less than 90 days........................... 38 (186) Certificate o f fitness or physical examination required after sick leave or in cases o f constantly recurring absence............................. 38 (187) Release from company physician required after absence due to illness or injury. Failure to return to wrork after release results in termination of employment.................................................................... 38 Appeal procedure: (188) Disputes over physical fitness settled by board o f three physicians 38 (189) Disqualified employee’s physician may make further examination. I f both doctors disagree, a third doctor to arbitrate— expense o f third shared equally by company and employee............................... 39 (190) I f company’ s and employee’s physicians unable to agree, the first two select a third physician, whose decision is final— company pays for third physician........................................................................ 39 (191) On appeal, company pays employee’s and neutral physician i f its doctor’s report is incorrect; employee pays own doctor, if incor rect. Time lost paid by company only i f company wrong............. 39 (192) Appeal to public health physician; decision binding....................... 40 (193) Annual physical examination as a condition o f employment— dis qualification subject to regular grievance procedure......................... 40 (194) I f further examination proves disqualified employee’s condition can be corrected by treatment, he may resume work if physical condition permits ..................................................................................... 40 (195) Company doctor’s report available to employee’s doctor on joint written req u est......................................................................................... 40 # U S. GOVERNMENT PRINTING OFFICE: 1949-840008
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