View PDF

The full text on this page is automatically extracted from the file linked above and may contain errors and inconsistencies.

Antidiscrimination
Provisions in
Major Contracts




1961

Bulletin No. 1336
UNITED STATES DEPARTMENT OF LABOR
Arthur J. Goldberg, Secretary
BUREAU OF LABOR STATISTICS
Ewan Clague, Commissioner

A ntidiscrim ination Provisions
in M a jo r Contracts

1961

Bulletin No. 1336
July 1962

UNITED STATES DEPARTMENT OF LABOR
Arthur J. Goldberg, Secretary
BUREAU OF LABOR STATISTICS
Ewan Clague, Commissioner

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



Price 20 cents




Preface

The p re v a le n ce and c h a r a c te r is tic s o f a n tid is­
crim in a tion p ro v is io n s in m a jo r
c o lle c tiv e bargaining
a greem en ts in e ffe c t in 1961 a re d e s c r ib e d in this b u l­
letin.
In addition, illu stra tiv e a n tid iscrim in a tion cla u se s
drawn fr o m s e le cte d union con stitu tion s a re p resen ted in
the appendix.
F o r this study, 1,717 c o lle c tiv e bargaining a g r e e ­
m ents cov erin g 1,000 o r m o r e w o rk e rs each w e re analyzed.
T h ese a greem en ts applied to a p p rox im a tely 7. 4 m illio n
w o r k e r s , a lm ost h alf the estim ated co v e ra g e o f a ll c o l ­
le ctiv e bargaining a g reem en ts, e x clu s iv e o f th ose in the
ra ilro a d and a irlin e in d u stries.
A ll a greem en ts studied w e re p art o f the Bureau
o f L a bor S ta tistics file o f cu rren t a greem en ts m aintained
fo r p u b lic and govern m en ta l use under the p ro v is io n s of
the L a b or-M a n a gem en t R elations A ct o f 1947, as am ended.
The p ro v is io n s o f a greem en ts co v e rin g 1, 000 o r m o r e
w ork ers do not n e c e s s a r ily r e fle c t p o lic y in s m a lle r c o l ­
le ctiv e bargaining situations o r in la rg e o r sm a ll u n o r­
ganized fir m s .
This study was conducted and this re p o rt was
p rep a red by L eon E. Lunden, under the su p e rv isio n of
H arry P . Cohany, in the Bureau*s D iv isio n o f W ages and
In du strial R ela tion s.







Contents
Page
Prevalence __________________
In d u str y __________________
Union ____________________
Region ---------------------------Types of discrim ination
D iscrim ination in hiring
D iscrim ination on the job
Enforcem ent of provisions

T a b le s :
1.
2.
3.

4.

5.

A ntidiscrim ination clauses in m ajor collective
bargaining agreem ents, by industry,1961 --------------------A ntidiscrim ination clauses in m ajor collective
bargaining agreem ents, by region, 1 9 6 1 -------------------------Types of discrim ination prohibited in antidiscrim ination clau ses, m ajor collective bargaining
a greem en ts, 1 9 6 1 -------------------------------------------------------------------P erson s prohibited from discrim inating by antidiscrim ination clauses in m ajor collective
bargaining ag re e m e n ts, 1 9 6 1 ----------------------------------------------Contract conditions subject to antidiscrim ination
clauses in m ajor collective bargaining
agreem en ts, 1961 ____________________________________________

2
3

5

6

Appendix:
A ntidiscrim ination provisions in selected union
constitutions ________________________________________________________




11




Antidiscrimination Provisions in Major Contracts, 1961
O n l y a b o u t o n e - f i f t h of the major collective
bargaining agreements in effect in 1961 in the
United States contained specific bans against
discrimination because of race, creed, or national
origin. Such provisions were largely found in
agreements in manufacturing industries, typically
in those with producers of durable goods.

clause serves a purpose. It not only emphasizes
the legal obligations of the parties, but also
serves as a constant reminder to management
and union representatives directly involved in
the administration of the agreement.
Such
provisions also encourage members of minority
groups to assert more vigorously their rights

The

unions involved either had civil rights depart­
ments or active civil rights committees composed
of international executive board members. A p ­

disputes.

proximately one-third of the provisions studied
had been negotiated b y affiliated locals of the

recommended to all affiliated unions that they
negotiate such provisions into all their agree­

Automobile Workers or the Electrical Workers
(IU E ). The agreements typically were interstate
in scope or were concentrated in plants in the
M iddle Atlantic or East North Central States.
Formal clauses dealing with on-the-job working
conditions were more frequent that those dealing
with hiring.

labor and management, stimulated perhaps b y a
strict enforcement of Government contract policies
and State and local fair employment acts, is
likely to encourage the writing of more antidis­
crimination provisions in the near future.

under the agreement, and serve as a more specific
guide to arbitrators called in to resolve grievance

ments. 1
2

race, religion, or national origin, or any combina­
tion of these three. This limited definition
excluded from the study those c la u ses which were

Employers on their own initiative m ay effectively
ban discrimination, and informal arrangements
to maintain nondiscrimination m ay be established

clearly directed at other grounds for discrimina­
tion, such as age, sex, or union activity, and
which did not mention any of the other three
reasons. Similarly, clauses announcing a general
nondiscrimination policy without naming the

affected or

Increased awareness of this issue by

Obviously, the absence of an antidiscrimination
provision in a contract does not signify the exist­
ence of discriminatory practices or indicate a
lack of concern by the parties about equal treat­
ment. Discrimination has not been an issue or
a problem in m any collective bargaining situations.

For the purpose of this analysis, antidiscrimi­
nation provisions were defined as those that
barred bias in hiring or on the job, because of

specific parties

A t its 1961 convention, the A F L -C I O

by company and union.

For example, letters

of intent setting forth pledges not to discriminate
because of race, religion, or nationality are some­
times referred to in an agreem ent but are usually
not a part of the agreement.

practices outlaw ed

were excluded, although it is reasonable to as­
sume that some, if not all, of these were intended
to forestall prejudicial behavior based on racial,
religious, and other grounds.1
This article, it should be emphasized, merely
describes formal antidiscrimination provisions in
major collective bargaining agreements; it does

For this study, the Bureau of Labor Statistics
examined 1,717 major collective bargaining agree­
ments covering 1,000 or more workers each, or

not deal with their administration and enforce­
ment.
m

law,

the collective

applies equally to

all workers covered b y its

provisions, regardless of race,
ancestry.

1 For example, the agreement covering workers at the Beaumont Yards
of the Bethlehem Steel Co. stated only that “ There shall be no discrimina­
tion among employees in the application of any of the terms or conditions
of this agreement.”
2 Resolution No. 143, Civil Rights, adopted by the Fourth Constitutional
Convention of the AF L-C IO , December 12,1961, Bal Harbour, Fla.

bargaining agreement

Nonetheless,




an

creed,

color,

or

antidiscrimination

l

2

virtually all agreements of this size in the United
States excepting those in the railroad and airline
industries.3 These agreements applied to ap­
proximately 7.4 million workers— almost half the
number estimated to be under collective bargain­
ing agreements in all except railroad and airline
industries. M o st of the contracts were in effect

equipment (50), electrical machinery (41), and
machinery except electrical (34). These three
industries combined accounted for 3 out of every 4
manufacturing workers covered b y such provisions.
Lesser, but still significant, clusters of nonbias

in 1961. A few expired during the last quarter
of 1960, and renewed agreements were not avail­
able at the time this study was completed.

N o manufacturing industry had special prohibi­
tions against unequal treatment in at least half of
its major agreements. M ajor agreements in
three industries (textiles, lumber, and printing and

Prevalence

publishing) contained no such provisions at all,
and another four industries (tobacco, leather,

Industry. Less than a fifth (18 percent) of the
1,717 agreements analyzed, covering about a
fourth of the workers, prohibited discrimination
because of race, creed, or national origin (table 1).
M o st of these provisions (239) appeared in agree­
ments applicable to 1.6 million workers in manu­
facturing, as against 68 agreements and 335,000
workers in nonmanufacturing industries.

apparel, and miscellaneous manufacturing) each
had only one or two agreements with such clauses.

clauses were negotiated in food and kindred prod­
ucts (23) and in primary metals (20).

Am ong nonmanufacturing industries, construc­
tion and retail trade, with 16 and 14 nonbias
agreements, respectively, contributed the largest
number of nonbias clauses. Except for hotels
and restaurants, no nonmanufacturing industry
had antidiscrimination provisions in as m any as a1

Over half of the bans in manufacturing were
concentrated in three industries: transportation
T

able

1. A

n t id is c r im in a t io n

C lauses

in

M

ajo r

1 The Bureau does not maintain a file of railroad and airline agreements.

C o l l e c t iv e B a r g a in in g A

greem ents,

by

I ndustry,

1961

[Workers in thousands]

Total studied
Industry
Agreements

Workers

Total with explicit
antidiscrimination
clauses
Agreements

Workers

Total without explicit
antidiscrimination
clauses
Agreements

W orkers

1,717

7,438.0

307

1,900. 3

1,410

5, 537.8

Manufacturing________________ __________ _____ _____________________ _______

1,047

4, 355. 2

239

1, 565.4

808

2,789.8

Ordnance and accessories___________ ____________ _______ _______________________
Food and kindred products______________________________________________________
Tobacco manufactures_______ ______ ____________________________________________
Textile mill products___________________________________________ _________ ______
Apparel and other finished products___________________________________ _____ _
Lumber and wood products, except furniture____ _________________________ _____
Furniture and fixtures. ________ ____________________________ _____________ ____
_____________ ___________________________
Paper and allied products_________
Printing, publishing, and allied industries_________ _____________________________
Chemicals and allied products_____ ___________________________________ ________ _
Petroleum refining and related industries___________________________________ ____
Rubber and miscellaneous plastics products_____________________________________
Leather and leather products______________________________ ________ _______ ____
Stone, clay, and glass products_____________________________________ ______ ______
Primary metal industries___________ ______________________________ ____ ________
Fabricated metal products._________ __________________________ ________ ________
Machinery, except electrical_____________________________________________ ______
Electrical machinery, equipment, and supplies_____________________ _______ ____
Transportation equipment_____ _______ ______________________ ______ ______ ___
Instruments and related products__________ _____ _________________________ ____ _
Miscellaneous industries__________ ____________ __________ ___________ __________

20
118
12
31
53
13
19
57
34
53
15
29
19
41
113
53
106
105
121
24
11

67.5
360.4
25.8
81.2
456.2
26.1
33.2
125.9
70. 8
102.0
49.2
126.2
66.9
110.3
627.6
141.8
310.9
421.0
1, 077.4
53.5
21.9

9
23
1

34.0
96.4
1.0

33.6
264.0
24.8
81.2
449.2
26.1
25.8
117.0
70.8
82.8
38.9
60.2
65.1
96.5
577.4
101.2
132.5
212.6
282.5
27.8
20.4

Nonmanufacturing_______________________ _____ _________ ___________ ____

670

Mining, crude petroleum, and natural gas production_____ _________ _____ ______
Transportation *___ _____________ ____________________ ____ _____________________
Communications_____________________________ ___________________________ _____
Utilities: Electric and gas____ _________ _________________________________________
Wholesale trade_______ _____ __________________________ ______
Retail trade_________ ________ __________ _________ _______ _______
Hotels and restaurants____ _____________________________________________________
Services.._________________ _______________________________________
Construction___________________ _____ ____ _________________________ ____ ______
Miscellaneous industries________ ______________________ ____ ________________ ___

18
114
80
79
14
106
37
53
168
1

All industries_____________________________________________________________ ______

1 Excludes railroad and airline industries




2

7.0

5
6

7.4
8.9

11
4
6
1
5
20
12
34
41
50
8
1

19.2
10.3
66.0
1.8
13.9
50.2
40.6
178.4
208.5
795.0
25.7
1.5

11
95
11
31
51
13
14
51
34
42
11
23
18
36
93
41
72
64
71
16
10

3,082.8

68

334.9

602

2,748.0

237.8
679.1
501.0
195.1
27.2
290.0
171.2
177.7
801.1
2.9

3
6
4
6
1
14
9
9
16

4.0
63.8
16.7
23.2
5.0
56.0
54.3
31.6
80.4

15
108
76
73
13
92
28
44
152
1

233.9
615.3
484.3
171.9
22.2
234.0
116.9
146.1
720.7
2.9

N ote : Because of rounding, sums of individual items may not equal totals.

3

fifth of its major agreements or covered as m any as
a fifth of its workers b y the bans.

T able 2. A ntidiscrimination C lauses
C ollective B argaining A greements,
1961

in
by

M ajor
R egion ,

[Workers in thousands]

Union. Forty-eight national and international
unions were collective bargaining agents for the
1.9 million workers covered b y antidiscrimination
provisions. Only 8 of them, however, were
signatory to 10 or more bargaining agreements
incorporating such bans and, in combination,
they negotiated 3 out of 5 of all the nonbias
provisions:
Agreements with antidiscrimination provisions
Number of
agreements
studied

Automobile Workers _
Electrical Workers (IU E)__
Steelworkers
_ __
Machinists _
_ __
Packinghouse Workers
Retail Clerks, _ _ _
Electrical Workers (IBEW)_
Hod Carriers __ _ _

Number

Percent of
total studied

76
31
20
16
11
11
10
10

118
46
120
89
11
42
92
33

64.
67.
16.
18.
100.
26.
10.
30.

4
4
7
0
0
2
9
3

1 The new agreements with the basic steel industry, to be effective July 1,
1962, include an antidiscrimination provision. Two major producers,
Great Lakes Steel Corp. and Inland Steel Co., already had such clauses in
their agreements.

In numbers of workers, the following unions
had the highest coverage:
Number of Workers covered by antiworkers
discrimination provisions
under all -------------------------------------agreements
Percent of
studied
Number
total studied

Automobile Workers______
Electrical Workers (IUE)__
Steelworkers______________
Rubber Workers__________
Machinists_______________
Electrical Workers (IBEW)

965, 000
232, 750
681, 450
113,750
312, 800
254, 100

862, 950
169, 400
73, 600
63,500
60, 350
60, 300

89. 4
72. 8
10. 8
55.8
19. 3
23. 7

Other unions, although each represented fewer
than 50,000 workers under major agreements,
nonetheless had significant proportions of workers
covered by antidiscrimination provisions. For
example, all Packinghouse Workers agreements

Total studied

Total with
antidiscrimina­
tion clauses

Region

Total without
explicit anti­
discrimination
clauses

Agree­ Workers Agree­ Workers Agree­ Workers
ments
ments
ments
United States---------------

1, 717

7,438.0

307

1,900.3

1,410

5,537.8

Interstate---------- ---------New England_________
Middle Atlantic_______
East North Central____
West North Central----South Atlantic. ______
East South Central____
West South Central___
Mountain.........................
Pacific________________

280
107
397
401
83
103
34
49
38
225

3,095.1
291.6
1,309.1
1,078.1
200.2
252.7
62.0
114.6
78.2
956.6

50
18
82
73
21
8
2
11
9
33

1,078.3
59.7
241.5
225.7
69.7
23.7
3.2
28.2
16.4
154.1

230
89
315
328
62
95
32
38
29
192

2,016.8
232.0
1,067.6
852.5
130.6
229.0
58.8
86.4
61.8
802.5

N ote : B ecause of rounding, sums of individual items may not equal totals.

Workers

(IB E W ),

Packinghouse

Electrical

Workers,

Workers

Rubber

Steelworkers.
The bulk of the Automobile
discrimination clauses were in
equipment contracts, especially
(including Ford, Chrysler, General

(IU E ),

Workers,

and

Workers antitransportation
in automobiles
M otors, Am eri­

can M otors, Studebaker-Packard, W illys M otors,
and M ack Truck), in aircraft assembly and parts
plants
(including Boeing, Douglas, C h an ceVought, R yan Aeronautical, and C u rtiss-W right),
and in machinery (including Caterpillar Tractor,
Deere and Co., and International Harvester).
Similarly, over half the Electrical Workers
(IU E ) provisions were concentrated among large
employers in machinery and electrical machinery
(including Sperry-R and, Otis Elevator, Philco,
General Electric, M agnavox, Sylvania Electric,
and Emerson Radio and Phonograph). The
Steelworkers agreements were widely dispersed
among several industries. Over half the M a ­
chinists provisions were in ordnance and transpor­
tation equipment. The Packinghouse Workers
clauses were exclusively in meatpacking (including

studied had such provisions, and the National
M aritime Workers Union had similarly covered 9

Retail Clerks were primarily found among Cali­

out of 10 workers under its major contracts.

fornia food stores.

Alm ost all of the unions that were particularly

Armour, Swift, and Cudahy), while those of the
The H od Carriers provisions

were exclusively in construction, and the Elec­

active in negotiating bars to discrimination had

trical Workers (IB E W ) exclusively in electrical

established civil rights committees or subcom­

machinery.

mittees subordinate to the international executive
councils, responsible for developing and adopt­
ing

appropriate

included

the

civil

rights

Automobile




These

Region. Two out of three antidiscrimination
provisions were found either in interstate agree­

Electrical

ments or in contracts covering establishments in

programs.

Workers,

4

the M iddle Atlantic and East North Central
States (table 2). These applied to about fourfifths of all the workers covered b y such
prohibitions.
Types of Discrimination. In prohibiting discrimi­
natory practices, all but three clauses referred
specifically to the groups or activities protected
b y these provisions. These three, however, in­
directly described what constituted proscribed be­
havior b y referring to nondiscriminatory policies
expressed in Federal and State laws or government
contracts:
The company agrees that it will not discriminate against
anyone in its employment policies in conformity with the
nondiscrimination clauses contained in all Defense De­
partment and military contracts. (Martin Co. and Auto­
mobile Workers.)
*

*

*

Both parties will follow the provisions of the New York
State law against discrimination. (Corning Glass Works
and Flint Glass Workers.)
All other clauses gave express assurance of
equality of treatment:
There shall be no discrimination or coercion against any
employee because of race, creed, or national origin.
(Chain Belt Co. and Steelworkers.)
Race and color discrimination were specifically
banned in 291 and 254 provisions, respectively
(table 3). Only nine clauses banned neither, but
three of these covered race and color b y reference
to Federal and State policies and one b y reference
to discrimination “ against any minority group.”
O f the remaining five, one called for equality of
pay without regard to sex or national origin and
four, largely provisions from southern agreements,
exhibited almost identical language and appeared
directed at discriminatory practices although the
precise intent was not clear to anyone not familiar
with the agreement.

For example:

Freedom of employees: The company and union shall
refrain from any and all forms of interference, intimidation,
and coercion, by word or deed, in the right of an employee
or employees to exercise his or their freedom of action in
joining or not joining any labor organization, church,
society, or fraternity. (Humble Oil and Refining Co. and
Oil, Chemical, and Atomic Workers.)
*

*

Bias because of creed was barred in 254
provisions.
Related to these were provisions
specifically

banning

discrimination

because

of

religion or church attended (77) or because of
political beliefs or associations (49),4 often appear­
ing in the same clause that banned discrimination
because of “ creed” as well.
Two hundred and ten agreements prohibited
discrimination because of national origin. Am ong
these were two Seafarers clauses that also barred
bias on grounds of geographic origin, a carryover
from post-Civil W a r years when northern and
southern shipping employers expressed their sy m ­
pathies through their employment policies. Six
clauses banned discrimination because of ances­
try— that is to say, because of a person’s parentage
or lineage.
In more than half (179) of the provisions,
discrimination because of sex was also barred,
and a small number (30) extended this to the
employee’s marital status.
In two of these,
discriminatory practices because of the number
of a worker’s dependents were also ruled out.
Prohibitions of bias because of union status or
activity often appeared separately from other bans
upon discrimination; yet, more than one-third
(135) of the 307 clauses analyzed specifically
applied their bars to union discrimination. Some
of these provisions particularly outlawed dis­
crimination because of union activity, singling out
for special protection stewards and those who
might testify at hearings concerning alleged con­
tract violations:
There shall be no discrimination . . . against any em­
ployee on account of race, national origin, creed, or color
. . . union membership, or . . . any activity undertaken
in good faith in his capacity as a representative of other
employees. (Cities Service Refining Corp. and seven
unions.)

Discrimination in Hiring
O f the 307 provisions, 112 were directed spe­
cifically at possible discrimination in hiring:

*

Employees shall be free to join any labor organization,
church, society, or fraternity, except organizations which
advocate the overthrow of the American form of govern­




ment or the American social order. (Champion Paper and
Fibre Co. and Houston Paper and Pulp Mill Workers,
Ind.)

* Webster’s dictionary defines creed as covering political as well as religious
beliefs. In 16 contracts where “ creed” was not specifically cited, discrimina­
tion for both religious and political beliefs were barred. In common usage,
however, creed connotes religious beliefs only.

5

The company agrees that it will not discriminate against
any applicant for employment because of race, creed, color,
or national origin. (Dana Corp. and Auto Workers.)
*

*

T able 3. T ypes op D iscrimination Prohibited in
A ntidiscrimination C lauses, M ajor C ollective
B argaining A greements, 1961

*

There shall be no discrimination by the company or the
union against any employee because of his race, color,
sex, national origin, or religious beliefs.
The company further agrees that it will abide by the above
paragraph in hiring of new employees. (Sunstrand Ma­
chine Tool Co. and Auto Workers.)
T o prevent any interference with management’s
discretionary authority over probationary em­
ployees, one provision exempted probationary
employees from coverage:
The company and union agree that there will be no dis­
crimination in hiring. . . .
This shall not in any way
affect the probationary clause set forth in . . . this
article. (Avco Manufacturing Corp. and Auto Workers.)

Agree­
ments

Type of discrimination prohibited i

Workers
(thou­
sands)

...........

307

1,900.3

Race_____________________________________ ____ _________
Color___________________________________________________
Creed___________ ________________ ____ _________ _____ _
National origin_________________________________________
Sex.......................................................... .....................................
Union status or activity________________________________
Religion, church_______________________________________
Political activity, affiliation, belief______________________
Marital status__________________________________________
A ge.. _________________________________________________
Membership or nonmembership in any lawful organiza­
tion__________ _______________________________________
Fraternity, society, association_________________________
Ancestry_____ ____ __________________________________
Other 2*
.........................................................................................

291
254
254
210
179
135
77
49
30
25

1,810.3
1,707.4
1.685.0
1.566.0
890.6
557.6
303.9
173.7
235.7
85.9

13
6
6
9

99.2
24.1
12.6
26.5

A l l ftg fp p .r r ip n ts w i t h a n t l d i s p .r i m i n a t i n n nlan sp.R 1

1 Nonadditive.
2 3 provisions prohibited the types of discrimination in the Federal or State
laws that they cited; 1 barred discrimination against “ any minority group” ;
2 barred nepotism; and 3 prohibited discrimination for “ any reason” in
addition to race, religion, or national origin.

In a number of cases, provisions barring dis­
crimination in hiring were found in hiring hall or
preferential hiring arrangements, as follows:
1. Selection of applicants for referral to jobs shall be on a
nondiscriminatory basis and shall not be based on, or in
any way affected by, union membership, bylaws, rules,
regulations, constitutional provision, or any other aspect
or obligation of union membership, policies, or require­
ments, [or] race, color, creed, national origin, age, or sex.
2. The employer retains the right to reject any job appli­
cant referred by the union. Employers shall be governed
in the selection of applicants by the qualification and
ability of the applicant in relation to the requirements of
the job to be filled, without reference to race, color, creed,
national origin, age, or sex. (Food Employers Council,
Inc. and Retail Clerks.)
Only one agreement required that white and non­
white employees be hired on a ratio basis. This
requirement, with the avowed intent to eliminate
discrimination, was expressed as follows:
To assure that no discrimination will be made on account
of race, it is agreed that the work will be divided between
white and colored longshoremen, working in solid groups
of either white or colored on the same ratio basis as now
exists in the respective ports covered by this agreement;
except that at Galveston the [employer] will, without dis­
crimination, hire through Local 329, ILA (Local 1368 to
receive their proportion of work as agreed upon by the
district office of the ILA). When gangs are ordered and
cannot be supplied, it is understood that whichever local
can provide the gangs it shall be incumbent upon them

to do so, whether white or colored, and that the respective
business agents agree to cooperate, and any failure to do
so will be considered a violation of the contract.5 (Deep
6
Sea Longshore and Cotton Agreement and Longshoremen.)
In contrast, the N ew Y ork C ity Restaurant
Employers Association and the H otel and Res­
taurant Employees agreed to eliminate whatever
racial distinctions among job classifications exist­
ed, so that equal opportunity would be available
to all workers:
Hiring: There shall be no discrimination against any
employee on account of race, color, or creed. The em­
ployer and the union agree to cooperate jointly in an
intensified drive to abolish any distinction which may
presently exist with respect to the nature of the jobs which
are filled by colored employees, so that they may be given
every opportunity to fill skilled and unskilled jobs on the
basis of parity with all other employees.
(Affiliated
Restauranteurs, Inc., and Hotel and Restaurant Em­
ployees.)
A n unusual antidiscrimination provision, agreed
upon b y the League of N ew Y ork Theatres and
the Actors E qu ity Association not only protected
union members from discrimination b y employers
(which would cover actors trying out for roles) but
also permitted the actors to refuse to play in
theaters

where

discrimination

was

practiced.

Presently the ban is limited to W ashington, D .C .,
« A memorandum of agreement, dated December 24, 1959, extending the
contract to October 1,1962, stated that attorneys for the parties were author­
ized to rewrite the hiring hall clause, but did not indicate whether the ratio
provision would be affected.
6 New York Times, Oct. 9,1961.




but the parties have agreed to changes which
would extend the clause’s coverage to all theaters
in the United States, effective June 1,
The clause reads:

1962.®

6

The manager shall not practice discrimination against any
member of Equity because of race, creed, or color.
The actor shall not be required to perform at any theatre
in Washington, D.C., where discrimination is practiced
against any actor or patron of the theatre by reason of his
race, color, or creed. (League of New York Theatres and
Actors Equity.)

specific pledges presumably carry weight in griev­
ance settlement and arbitration.
As a rule the bar to discrimination applied to
both employers and unions, although in those
cases where only one of the parties was men­

ments in this area also included general antidis­

tioned, it was usually the employer who was
named (table 4). These included 15 provisions
that prohibited the “ employer and his representa­
tives” or the “ employer and his agents” from
discriminating:

crimination clauses that were in practice applied
to hiring.7 M oreover, there were situations where
the parties preferred to embody an antidiscrimina­
tion policy in a letter of intent rather than in the
collective bargaining agreement. This was the

The employer agrees that neither it nor any of its officers
or agents will differentiate amongst, interfere with, restrain
or coerce employees because of . . . sex, race, religion,
nationality, or place of origin. (Publicker Industries and
Brewery Workers.)

In addition to specific agreement provisions that
barred bias in hiring, union-management commit­

approach, for example, adopted by the Automobile
Workers and the Chrysler Corp. in the 1961 nego­
tiations. The following is an excerpt from the
company’s letter to the union:

M o st of the 81 agreements that did not specifically

Chrysler Corp. has long maintained a policy of nondis­
crimination toward applicants for employment with regard
to race, creed, color, or national origin.

parties.
M o st provisions (266) specifically extended their
protection to current employees. Of the 41 pro­
visions not citing current employees, 12 dealt with

Adherence to this principle has resulted in individuals at­
taining employment on their merits. It also has enabled
the corporation to obtain employees who are qualified by
ability and experience.
In recognition of the practical and moral values of this
policy, the corporation reaffirms its adherence to the pol­
icy. (Letter of intent, Chrysler Corp. to Automobile
Workers, Nov. 2, 1961.)

designate whether the employer or the union was
subject to the ban contained broad policy state­
ments which, it seems, were meant to govern both

hiring only.

Nearly half of the remaining 29

guaranteed equal pay for equal work, and thereby
covered current employees b y inference:
Equal pay shall be paid for equal quantity and quality
of work, without discrimination as to race, color, or sex.
(Wagner Electric Co. and Electrical Workers, IUE.)

All workers in the bargaining unit typically
enjoy equal rights under the collective agreement.
Over and above this obligation, however, em­
ployers and unions have pledged themselves spe­
cifically to a strict adherence to a nondiscrimina­

The others also left little doubt that their pro­
visions would be applicable to employees presently
on the payroll.
About three-fifths of the antidiscrimination
provisions (187) pertained to specific working con­
ditions (table 5). Although the remaining 120
stressed no particular contract condition, it is
reasonable to assume that these broad statements

tion policy in

of intent applied to all on-the-job relationships:

Discrimination on the Job

applying contract terms.

Such

T able 4. Persons Prohibited F rom D iscriminating by
A ntidiscrimination C lauses in M ajor C ollective
B argaining A greements, 1961

Persons prohibited from discriminating

Agree­
ments

Workers
(thou­
sands)

All agreements with antidiscrimination clauses_________

307

1900.3

Persons prohibited from discriminating......................... .
Employer only_____________________________________
Union only________ ______ _________________________
Both employer and union__________________________
No specific designation...........................................................

226
78
5
143
81

1,446.1
330.5
14.4
1,101.2
454.2

N ote .* Because of rounding, sums of individual items may not equal totals.




The policy of the company and the union is not to dis­
criminate against any employee on account of race, creed,
color, sex, national origin, or union membership or activity.
(National Can Co. and Steelworkers.)
A shade more specific were 77 of the working
conditions provisions which stipulated that their
bars against discrimination applied to all contract
conditions, as follows;

7 See, for instance, the discussion in Sumner H. Slichter, James J. Healey,
E. Robert Livemash, The Impact of Collective Bargaining on Management
(Washington, D .C ., Brookings Institution, 1960), p. 53.

7

Neither the company nor the union will discriminate
against any employee in the application of the terms of
this agreement because of race, creed, color, or national
origin. (Detroit Edison Co. and Utility Workers.)

T able 5. C ontract C onditions Subject t o A ntidis ­
crimination C lauses in M ajor C ollective B ar ­
gaining A greements , 1961

The parties hereto agree that all workers, regardless of
race, creed, sex, or nationality, shall be treated equally
and justly . . . without discrimination in any respect
whatsoever. (Independent Packinghouses of Philadelphia
and Vicinity and Meat Cutters.)
*

*

*

In no instance shall there be any discrimination against
or in favor of employees by reason of race, color, or creed.
(Hotel Association of St. Louis and Hotel Employees.)
In a variation, certain working conditions were
singled out for particular stress and then were
followed b y a blanket coverage of all remaining
contract conditions:

Agree­
ments

Contract condition

Two clauses used a language even more sweeping:

Workers
(thou­
sands)

All agreements with antidiscrimination clauses.................

307

1,900.3

Agreements specifying contract conditions 1_____________
All provisions of the contract..........................................
Hiring___________________
Seniority__________ ______
_ _ ___
,
Promotion, upgrading........................................ ..............
Layoff.............................. ...
_ .................
Discharge............................................................................
Wages.._____________________
__ ____ _
Transfer__________________
Discipline.........................................................................
_ __
Training_______ ____ ______ ______________
Job assignment.................................................................
Hours....................................................................................
Other 2. ....................... ............................................ .....
Agreements with no explicit designation

187
77
112
12
34
28
25
21
19
16
15
7
3
7
120

1,441.8
931.1
512.1
136.0
106.4
102.5
91.1
83.1
62.5
55.1
50.4
17.9
10.6
21.1
458.5

1 Nonadditive.
2 2 provisions adopted the working conditions in the Federal or State laws
that they cited; 2 cited sickness, accident, and insurance benefits; 1 desig­
nated “ equality of opportunity” without defining its meaning; 1 referred to
sanitary facilities; and 1 authorized full integration of all plant facilities.

A

The employer, either in hiring, promoting, advancing, or
assignment to jobs, or [in] any other term or condition of
employment, will not discriminate against any employee
because of union membership or activity, sex, race, creed,
color, or religious belief. (Sperry Rand Corp., Sperry
Gyroscope Division and Electrical Workers, IUE.)

include apprenticeship programs could not be
determined from a reading of the agreements as
no provision referred to apprenticeship training

A rare provision covered all contract conditions,
but attached a savings clause as follows :

number of provisions banned bias in promotions

There shall be no discrimination by either the company
or the union against any employee with respect to any of
the matters covered by this agreement because of member­
ship in the union, race, color, creed, nationality [or] reli­
gious or political beliefs, provided that the company shall
not be required to violate any Federal, State, or local law
or regulation. (American Tobacco Co. and Retail, Whole­
sale and Department Store Union.)
In a number of cases, the parties specifically
designated one or more contract conditions in
which they particularly wanted to assure equal
treatment. Fifteen agreements, for instance,
stressed that there would be no discrimination in

training.

W hether

these

clauses

would

also

as such.8
T o assure equal opportunities to all workers, a
(34), transfers (19), or job assignments (7).
Characteristically, these appeared on lists of
enumerated contract conditions to which the non­
bias provision applied, but on occasion they
appeared separately or with other specifically
designated conditions, as in the following examples:
There shall be no shifting of employees from one job to
another because of race, color, creed, or national origin.
(Lufkin Foundry and Machine Co. and Steelworkers.)
*

*

*

No employee shall be discriminated against or deprived of
employment or promotion or discharge because of race,
color, creed, or union membership. (Film Processing Cos.
in New York and New Jersey and Stage Employes.)
Seniority plays an important role in upward,

8 It should be noted, however, that although the agreement might set
apprentice wages and ratios of apprentices to journeymen, apprenticeship
standards (including admission) might well be set outside the agreement by
national or State apprenticeship committees comprised of unions and em­
ployers. In recent months, there has been evidence that these committees
have been adding equal opportunity clauses to their entrance standards. In
its report of December 1, 1961, the Subcommittee on Skill Improvement,
Training and Apprenticeship of the President's Committee on Equal Em­
ployment Opportunity announced that national apprenticeship committees
involving the Electrical Workers (IBEW ) and the Bricklayers had adopted
such provisions and that negotiations were under way with other national
committees. Similar clauses had already been adopted by California,
Arizona, and New York State apprenticeship councils, the report noted, and
moves to extend this to New Mexico and Ohio were being made.




downward, and lateral movements, as well as in
the order in which employees are reached for
layoff. T o prevent discrimination in this area,
12 provisions specifically ordered equal treatment,
as follow s:
Seniority shall not be affected by race, marital status, or
dependents of the employee. (Twin Coach Co. and
Machinists.)
*

*

*

8

Seniority: No discrimination because of sex, race, religious
creed, or color. Where employees are doing work in the
same job classification, their seniority will be applied.
(Hamilton Watch Co. and Watch Workers.)
Discriminatory layoffs were prohibited in
another 28 provisions, again usually as part of a
list of enumerated conditions. In one agreement,
where this matter was treated separately, the
following phraseology was em ployed:
Seniority in Layoffs: Except as specified herein, in termi­
nating the employment of an employee, other than for
good cause, the employer agrees to abide by the seniority
rule, which means [that] the length of employment [shall
be considered] and . . . the employment of the last
employee employed by the employer shall be the first to be
terminated. Age, sex, or color shall not be grounds for the
termination of an otherwise qualified employee. . . .
(Retail Food Market Operators of San Diego and Retail
Clerks.)

or conditions of work or grant to any employee or group
of employees different terms of employment than those
set forth in this agreement. Employees shall be integrated
in the plant regardless of race, creed, or color. (Sun Ship­
building and Dry Dock Co. and Boilermakers.)

Enforcement of Provisions
Antidiscrimination clauses, like other contract
provisions, are enforcible through the grievance
procedure. In the absence of specific bans,
grievances alleging discrimination have been sub­
mitted to arbitration b y invoking existing contract
provisions,

such

as

the

discharge,

layoff,

or

seniority clauses. One arbitrator has reasoned
that the existence of a grievance procedure in the
agreement in effect establishes the employee’s
right to fair, impartial, and nondiscriminatory
treatment,

and

thus

a

discrimination

case

absence

specific

is

Twenty-five contracts specifically eliminated
discrimination as a cause for discharge, as in the

arbitrable even
provision.1
0

following:

Of the 307 antidiscrimination provisions studied,
only 9 stressed their enforcibility b y specifically
authorizing the use of disciplinary and grievance

Discharge for Cause: The employer shall have the right
to discharge any employee for good cause such as dis­
honesty, insubordination, incompetency, intoxication,
unbecoming conduct, or failure to perform work as re­
quired. Age, sex, creed, or color shall not be grounds for
the termination of an otherwise qualified employee. (Los
Angeles Retail Drug Operators and Retail Clerks.)

in

the

of

a

procedures. One of them empowered the employer
to discipline individuals violating the bar against
biased behavior, and four others (including some
in major automobile agreements) outlined en­
forcement through the grievance procedure in the
following m anner:

Similarly, 16 provisions banned any bias in
disciplinary action.
A few clauses focused on wages (21) or hours (3)
in an effort to bar discriminatory practices in these
areas. Am ong these were the previously cited
“ equal pay for equal work” provisions.
An additional seven provisions banned discrimi­
nation in a variety of other working conditions.
Tw o, for example, adopted b y inference the work­

T o avoid possible abuse of the employee’s right to
file a grievance on discrimination grounds, a sixth
obligated the union to exercise this right in a

ing conditions cited in Federal or State laws, and

manner that would not create “ interracial prob­

another two prohibited discrimination in the appli­

lems

cation of sickness, accident, and insurance benefits.
The fifth established a committee to “ consider and

crimination grievances to on-the-job complaints
only; hiring claims were to be processed under the

work out means of providing equality of oppor­
tunity,” and the sixth stated that:
. . . all sanitary facilities, such as wash houses, toilets,
etc., shall be at the disposal of all employees regardless of
color or race. . . . (American Smelting and Refining Co.
and Mine, Mill and Smelter Workers.)9

The seventh provision authorized full integra­
tion of all plant facilities:
The company shall not discriminate in favor of or against
any employee or group of employees as to hours, wages,



. . . any claims of violation of this policy must be taken
up as a grievance, provided that any such claim must be
supported by written evidence by the time it is presented
by the shop committee at a meeting with management.
(General Motors and Automobile Workers.)

or

existing

dissension.”

State

fair

A

seventh

employment

limited

practices

dis­

law.

The final two provisions stressed that unsettled
discrimination

grievances

could

be

taken

to

arbitration under the following procedure:
9 This is in contrast to the following provision enforcing the segregation of
sanitary facilities because of a State law: 4
‘Sanitary drinking and toile facili­
ties for white and colored separately must be available to all workmen in
compliance with the provisions of the State Sanitary Code.” (Associated
General Contractors of Louisiana and Carpenters.)
1 Goodyear Tire and Rubber Co. and Rubber Workers, 1 Labor Arbitra­
0
tion Reports (Bureau of National Affairs) 122 (1945).

9

. . . the question as to such discrimination against such
employee may be initiated by the union as a grievance
. . . commencing at step 2 [of the grievance procedure],
and if the parties have failed to settle such question by
negotiation it may be submitted to arbitration. . . .
(R. H. Macy and Co. and Retail, Wholesale and Depart­
ment Store Union.)
of

Reported arbitration cases 1 involving claims
1
discrimination offer some insight into the

enforcement of antidiscrimination clauses.
By
and large, arbitrators have held that evidence to
support a charge of bias m ust be clear cut. From
the facts developed in the hearings, said one arbi­
trator, discrimination must be a necessary result,
not just a possible result.1 I t m ust not require
1
2
the arbitrator to add inferences, said another, and
accept their sum to find bias.1 W h at constitutes
3
clear-cut evidence, however, remains a matter of
individual judgment.
Tw o other points made b y arbitrators might be
noted. The common law principle of agency was
applied in one case, as follows:

1
1 In the first 37 volumes of the Bureau of National Affairs Laboi
Arbitration Reports, 18 discrimination cases were published.
In
one, the inclusion of an antidiscrimination clause in a collective
bargaining agreement was the only point at issue. A second constituted
not an arbitration case, but the recommendation of a presidential emergency
board urging the elimination of a racial wage differential as well as adherence
to a national wage policy already existing in the agreement. Of the remaining
.16, 7 involved discrimination claims in the absence of a contract provision,
and 9 were cases in which the collective bargaining agreement contained
such a clause. Four dealt with discipline and discharge issues, three with
layoffs, four with promotions, and five with hiring.
1 Consolidated Steel Corp. and Steelworkers, 11 Lab. Arb. 891 (1948).
3
1 Rath Packing Co. and Packinghouse Workers, 24 Lab. Arb. 444 (1965).
3
1 Swift & Co., and Packinghouse Workers, 17 Lab. Arb. 539 (1951).
4
i* Borg-Warner and United Electrical Workers (Ind.), 17 Lab. Arb. 539
(1951).
i# Bethlehem Steel Co. and Marine and Shipbuilding Workers, 2 Lab. Arb.
187 (1945).
3 Goodyear Tire and Rubber Co., op. cit., p. 121.
7
3 Republic Steel Corp. and Mine, Mill and Smelter Workers, 17 Lab. Arb.
8
71 (1951); Eagle Electric Manufacturing Co. and Automobile Workers, 29
Lab. Arb. 489 (1959); Eagle Electric Manufacturing Co. and Automobile
Workers, 31 Lab. Arb. 1038 (1957). In the last of these cases, the employer had
paid holiday pay, but the arbitrator awarded the difference between that pay
and earnings.
3 Tennessee Products and Chemical Corp. and Mine, Mill and Smelter
9
Workers, 20 Lab. Arb. 180 (1953).
2 American Potash and Chemical Corp. and Mine, Mill and Smelter
0
Workers, 3 Lab. Arb. 92 (1942).
3 Swift & Co., op. cit., p. 537.
3




Nothing in the record indicates that this discriminatory
policy was known of, sanctioned, or approved by the com­
pany’s top management. Nevertheless, the company
must be held responsible for the actions of those of its
officials who instituted and carried through this policy.
The agreement was violated by those in charge of the
employment office of the Chicago plant, and the company
is answerable for the violation.1
4
Another arbitrator stipulated that the existence
of an antidiscrimination clause would not protect
a worker from a justifiable discharge.1 The facts
5
as presented at the hearing indicated that the
grievant had a bad disciplinary record and that
the flagrant violation which he finally committed
was, in effect, the last straw. The arbitrator
noted that a week earlier another employee of the
same race had committed a similar violation, but
had been disciplined rather than discharged since
his record otherwise was good.
In cases in which arbitrators found discrimina­
tion, the wrong was usually redressed b y ordering
back pay. In one discharge case, the employee
was reinstated and granted back pay.1 Similarly,
6
where one employee was given a disciplinary sus­
pension of 1 week, he was paid his lost wages.1
7
In layoff cases, back pay was awarded.1 In two
8
promotion cases, one arbitrator awarded the differ­
ence between the rate on the old job and on the
higher rated jo b ,1 and the second ordered that
9
the two aggrieved workers be given the first op­
portunity for promotion to the higher classifica­
tion.2 In a case in which discrimination in hiring
0
was found, the arbitrator ordered the company
to hire the aggrieved job applicants at the first
available opportunity, with their seniority to
accrue from the date on which the original em­
ployment applications were filed. Back pay was
also ordered, but exact amounts were to be worked
out b y the parties after an investigation of each
applicant’s employment experience elsewhere from
the date of application to the date of hiring. The
arbitrator rejected a union request that he order
the company to submit periodically the names of
job applicants and those actually hired, on the
grounds that he could not expand the employer’s
obligations under the contract.2
1




A p p e n d ix

Antidiscrimination Provisions in Selected Union Constitutions

To su pplem en t the study o f a n tid is cr im in a tio n p r o v is io n s in c o lle c t iv e b argain in g
a g re e m e n ts , the B u reau exa m in ed the con stitu tion s o f a ll unions having 1 00 ,00 0 o r m o r e
m e m b e r s in I9 6 0 22 f o r s im ila r typ es o f p r o v is io n s . The 43 unions in this c a te g o r y r e p r e s e n t
slig h tly m o r e than 80 p e r c e n t o f the 18. 1 m illio n m e m b e r s o rg a n iz e d by n ation al and in t e r ­
n ation al u n ion s.
S p e c ific statem en ts banning r e s t r ic t io n s on m e m b e rs h ip b e ca u s e o f r a c e ,
c o l o r , o r n ation ality w e r e found in the con stitu tion s o f 20 u n ion s, applying to m o r e than
7 m illio n m e m b e r s . 23
A s a ru le, statem en ts setting fo rth the union*s o b je c tiv e to o rg a n iz e a ll e lig ib le
w o r k e r s w e r e in c o r p o r a te d in th ose s e ctio n s o f the con stitu tion w h ich d eal with a im s and
g e n e r a l p o lic ie s , often found in the p r e a m b le , o r in s e ctio n s d e s c r ib in g q u a lifica tio n s fo r
m e m b e r s h ip .
L e s s freq u en tly , such p r o v is io n s w e r e p a rt o f the oath o f m e m b e rs h ip , o r
w e r e in c o r p o r a te d in a r t ic le s applying to p a r tic u la r a sp e cts o f in te rn a l a ffa ir s , such as
ch a rte rin g o f lo c a l a ffilia te s and e le c tio n ca m p a ig n s. To illu s tr a te the v a rie ty and c h a r a c ­
t e r is t ic s o f th ese con stitu tion a l p r o v is io n s , e x c e rp ts fr o m the con stitu tion s o f the A F L -C IO
and fiv e in tern a tion a l unions a re re p r o d u ce d on the fo llo w in g p a g e s .

22 See D ir e c t o r y o f N ational and In tern ation al L a b o r Unions in the United S tates. 1961,
BLS B u lletin 1320, p. 49.
23 No con stitu tion o f unions in this s iz e group— 100, 000 and o v e r — r e s t r ic t e d m e m b e r ­
ship f o r re a s o n s o f r a c e o r c o lo r . T h e re a r e , h o w e v e r, at p r e s e n t 3 unions— the B r o t h e r ­
h ood o f L o c o m o tiv e F ir e m e n and E n gin em en (A F L -C IO ), the B ro th e rh o o d o f L o c o m o tiv e
E n g in e e rs (Ind. ) and the O r d e r o f R ailw ay C on d u ctors and B ra k em en (Ind. )— that m ain tain
r a c ia l r e s t r ic t io n s upon m e m b e rs h ip , a s, fo r e xa m p le, _in the fo llo w in g :
No p e r s o n sh all b e c o m e a m e m b e r o f the /u n io n /, u n le ss he is a white m an, can
read and w rite the language u sed in op era tin g the road w h ere he is em p lo y e d , is a m an
o f good m o r a l c h a r a c te r , te m p e ra te h abits and in s e r v ic e as d efin ed /e ls e w h e r e in the
c o n s titu tio n /.
(L o c o m o tiv e E n g in eers).




11

12

A m e r ic a n F e d e ra tio n o f L a b or and
C o n g re s s o f In d u stria l O rga n ization s

A R T IC L E II— O b je cts and P r in c ip le s

The o b je c ts and p r in c ip le s o f this F e d e ra tio n a re :
4.

To en co u ra g e a ll w o r k e r s without re g a r d to r a c e , c r e e d , c o l o r , n ational o r ig in
o r a n c e s tr y to sh a re eq u a lly in the fu ll b e n e fits o f union o rg a n iza tio n .

A R T IC L E VIII— E x e cu tiv e C ou n cil

S ection 9.
In ca r r y in g out the p r o v is io n s o f this A r t ic le the E x e cu tiv e C ou n cil sh all
r e c o g n iz e that both c r a ft and in d u stria l unions a re a p p ro p ria te , equal and n e c e s s a r y as m eth od s
o f tra d e union o rg a n iz a tio n and that a ll w o r k e r s w h atever th e ir r a c e , c o l o r , c r e e d o r nation al
o r ig in a re en titled to sh a re in the fu ll b en efits o f trad e union o rg a n iz a tio n .

A R T IC L E XIII— C om m ittees and Staff D ep artm en ts

m itte e s
with the
m itte e s ,
C ou n cil

S ection 1.
The P r e s id e n t o f the F e d e ra tio n sh a ll appoint the fo llo w in g standing c o m ­
and su ch o th er co m m itte e s as m a y fr o m tim e to tim e be n e c e s s a r y . The P r e s id e n t
a p p ro v a l o f the E x ecu tiv e C ou n cil m a y co m b in e standing c o m m itte e s .
The c o m ­
un der the d ir e c tio n o f the P r e s id e n t, and s u b je c t to the a u th ority o f the E x e cu tiv e
and the C onven tion , sh all c a r r y out th e ir fu n ction s as d e s c r ib e d h e re in :
(b)

The C om m ittee on C iv il Rights sh all be v e s te d with the duty and r e s p o n s ib ility
to a s s is t the E x ecu tiv e C ou n cil to b rin g about at the e a r lie s t p o s s ib le date the
e ffe c tiv e im p lem en ta tion o f the p r in c ip le stated in this con stitu tion o f n o n ­
d is c r im in a tio n in a c c o r d a n c e with the p r o v is io n s o f this co n stitu tion ; . . .




13

In tern ation al Union, U nited A u to m o b ile , A e r o s p a c e ,
and A g r ic u ltu r a l Im p lem en t W ork ers
o f A m e r ic a (A F L -C IO )
A R T IC L E 2— O b je cts
S ection 2.
T o unite in one o rg a n iza tio n , r e g a r d le s s o f re lig io n , r a c e ,
creed ,
c o l o r , p o lit ic a l a ffilia tio n o r n ation ality, a ll e m p lo y e e s u nder the ju r is d ic t io n o f the In te r­
nation al Union.
A R T IC L E 16— In itiation F e e s and Dues
S e ctio n 12.
The In tern ation al Union sh a ll s e t a sid e a ll su m s re m itte d by L o c a l
Unions as U nion Strike In su ra n ce Fund dues and the funds re su ltin g sh a ll be a s p e c ia l fund
to be known as the In tern ation al Strik e In su ra n ce Fund, to be draw n upon e x c lu s iv e ly f o r the
p u r p o s e s o f (1) aiding L o c a l Unions en gaged in a u th o rize d s trik e s and in ca s e s o f lo ck o u ts,
and (2) a s s is tin g by donation s o r loan s o th er In tern ation al Unions and n on a ffilia ted L o c a l
Unions s im ila r ly en gaged, and (3) m eetin g fin a n cia l ob lig a tio n s o r exp en d itu res w h ich this
In tern ation al Union o r its a ffilia te d L o c a l Unions in cu r as a re s u lt o f a u th o rize d s trik e s o r
in ca s e s o f lo ck o u ts, and then on ly b y a tw o -th ird s (2/ 3 ) vote o f the In tern ation al E x ecu tiv e
B o a rd .
F r o m the re m a in d e r o f ea ch m e m b e r 's m on th ly p e r cap ita tax, the In tern ation al
U nion sh a ll set a sid e :
2.

One cen t (. 01) to the F a ir P r a c t ic e s and A n ti-D is c r im in a tio n Fund to be expen ded
on ly fo r the su p p ort and p r o m o tio n o f the p r o g r a m s and a ctiv itie s o f the In te r­
nation al Union in su p p ort o f F a ir em p lo y m e n t p r a c t ic e s and in o p p o s itio n to a ll
d is c r im in a t o r y p r a c t ic e s in em p loy m e n t.
A R T IC L E 25— F a ir P r a c t ic e s and A n ti-D is c r im in a tio n D ep artm en t

S ection 1.
T h ere is h e re b y cr e a te d a d ep a rtm en t to be known as the F a ir P r a c t ic e s
and A n ti-D is c r im in a tio n D ep artm en t o f the In tern ation al Union.
S ection 2.
The In tern ation al P r e s id e n t sh a ll appoint a co m m itte e c o m p o s e d o f In te r ­
nation al E x ecu tiv e B oa rd m e m b e r s to handle the fu n ction s o f this d epa rtm en t. He sh all a lso
appoint a d ir e c t o r who sh a ll be a m e m b e r o f the Union and a p p ro v e d b y the In tern ation al
E x e cu tiv e B oa rd .
He sh a ll a ls o appoint a s ta ff w hich sh a ll be q u a lified by p re v io u s e x ­
p e r ie n c e and train in g in the fie ld o f in t e r - r a c ia l, in t e r -fa it h , and in t e r -c u lt u r a l re la tio n s .
S ection 3.
One cen t (.0 1 ) p e r m onth p e r d u e s -p a y in g m e m b e r o f the p e r capita
fo rw a rd e d to the In tern ation al U nion by L o c a l Unions sh all be u sed as the F a ir P r a c t ic e s
and A n ti-D is c r im in a tio n Fund o f the In tern ation al Union as p ro v id e d in this C onstitu tion .
S ection 4.
The d ep a rtm en t sh a ll be ch a rg e d with the duty o f im p lem en tin g the
p o lic ie s o f the In tern ation al Union d ealin g with d is c r im in a tio n , as th ese p o lic ie s a re se t fo rth
in the In tern ation al C on stitu tion and as they m a y be e v id e n ce d by a ctio n o f the In tern ation al
E x e cu tiv e B oa rd and o f In tern ation al C on ven tion s, and to give a ll p o s s ib le a s s is ta n c e and
gu idan ce to L o c a l Unions in the fu rth e ra n ce o f th e ir duties as se t fo rth in this a r t ic le , and
to c a r r y out su ch fu rth e r duties as m a y be a ss ig n e d to it fr o m tim e to tim e b y the In te r­
n ation al P r e s id e n t o r the In tern ation al E x e cu tiv e B oa rd .
S ection 5.
It sh a ll be m a n d a tory that ea ch L o c a l Union set up a F a ir P r a c t ic e s
and A n ti-D is c r im in a tio n C o m m ittee. The s p e c if ic duties o f this C om m ittee sh all be to p r o ­
m o te fa ir em p loy m en t p r a c t ic e s and en d ea v or to elim in a te d is c r im in a tio n a ffe ctin g the w e lfa re
o f the in dividu al m e m b e r s o f the L o c a l U nion, the In tern ation al Union, the la b o r m o v e m e n t
and the nation.
A R T IC L E 44— L o c a l Union C om m itte e s
The L o c a l U nion sh a ll have the fo llo w in g standing c o m m itte e s :
C onstitu tion and
B y -L a w s ,
Union L a bel, E du cation , R e cr e a tio n , C om m u n ity S e r v ic e s , F a ir P r a c t ic e s and
A n ti-D is c r im in a tio n , C itizen sh ip and L e g is la tiv e , R e tir e d M e m b e r s , and su ch o th e r c o m ­
m itte e s as they d eem n e c e s s a r y .
A ll c o m m itte e s sh ould be appoin ted o r e le c te d , s u b je c t
to the d is c r e t io n o f the L o c a l Union o r shop o rg a n iz a tio n in the ca s e o f an A m a lg a m a ted
L o c a l FRASER
Digitized for U nion.


14

In tern ation al B ro th e r h o o d o f B o ile r m a k e r s ,
Iron S h ip b u ild ers, B la ck s m ith s , F o r g e r s
and H e lp e rs (A F L -C IO )

A R T IC L E I— O b je c tiv e s and G ov ern m en t

P u r p o s e s and O b je c tiv e s

S e ctio n 2.
This O rg a n iza tion is foun ded on the p r in c ip le that in a d e m o c r a c y , good
u n io n ism is g ood citiz e n s h ip . The p u r p o s e s o f this In tern ation al B ro th e r h o o d a r e : T o im p le ­
m en t the e x e r c i s e o f the n atural righ t o f w o r k e r s to o r g a n iz e that th ey m a y m o r e s e c u r e ly
w o rk w ith d ign ity; to e s ta b lis h the con ten tm en t o f fr e e d o m and s e c u r ity ; to en able its m e m b e r s
to p a r tic ip a te a c tiv e ly in s e lf-g o v e r n m e n t ; to unite into one In tern ation al B ro th e r h o o d a ll
w o r k e r s e lig ib le f o r m e m b e r s h ip , r e g a r d le s s o f r e lig io n , r a c e , c r e e d , c o lo r , n ation al o rig in ,
a ge, o r s e x ; to s e c u r e im p r o v e d w a g es, h o u rs , w ork in g co n d itio n s, and oth e r e c o n o m ic a d ­
van tages f o r the m e m b e r s th rou gh c o lle c t iv e b a rg a in in g , th rou gh ad va n cem en t o f ou r standing
in the com m u n ity and in the la b o r m ov em e n t, and th rou gh o th e r law fu l m e th o d s; to p r o v id e
ed u ca tion a l a d va n cem en t and train in g f o r o f f i c e r s , e m p lo y e e s and m e m b e r s ; to s a fe g u a rd
and p r o m o te the p r in c ip le o f f r e e c o lle c t iv e b a rg a in in g , the righ ts o f w o r k e r s , fa r m e r s and
c o n s u m e r s , and the s e c u r ity and w e lfa r e o f a ll the p e o p le by p o lit ic a l, ed u ca tion a l,a n d oth er
co m m u n ity a ctiv ity ; to p r o t e c t and stren gth en o u r d e m o c r a t ic in stitu tion s and p r e s e r v e and
p erp etu a te the c h e r is h e d tra d ition s o f d e m o c r a c y ; to p r o t e c t and p r e s e r v e the union as an
in stitu tion and in the p e r fo r m a n c e o f its le g a l and co n tra ctu a l o b lig a tio n s .

A R T IC L E 4— M e m b e r sh ip Q u a lifica tio n s

S e ctio n 1.
A n a pp lica n t f o r m e m b e rs h ip in this B ro th e r h o o d s h a ll be one who has
r e a ch e d the m in im u m w ork in g age p r e s c r ib e d b y sta tu to ry la w s, r e g a r d le s s o f r a c e , c r e e d ,
c o l o r , s e x , o r n ation al o r ig in and who is w ork in g at s o m e b ra n ch o f the tra d e o r e m p lo y e d
in a sh op, p la n t ,o r in d u stria l fa c ilit y w h ere the In tern ation al B ro th e r h o o d has ju r is d ic t io n
at the tim e o f m akin g a p p lica tion , as p ro v id e d in A r t ic le II o f this C on stitu tion . No a pp lica n t
f o r m e m b e r s h ip sh a ll be co n s id e r e d e lig ib le who is a m e m b e r o f the C om m u n ist P a r ty o r o f
any o th er s u b v e r s iv e grou p , o r who s u b s c r ib e s to the d o c tr in e s o f any su ch g ro u p s .

A R T IC L E 23— R e lig io u s and P o lit ic a l D is c u s s io n

S e ctio n 1.
A ll re lig io u s and p a rtis a n p o lit ic a l d is c u s s io n s sh a ll be s t r ic t ly p r o ­
h ib ited and ex clu d e d fr o m the p r o c e e d in g s o f the In tern ation al B ro th e r h o o d and its s u b ­
ord in a te b o d ie s .

A R T IC L E 28— L ib elo u s S tatem ents P r o h ib ite d

S ection 11.
No candidate sh a ll c ir c u la te any ca m p a ign m a te r ia l con tain in g any i m ­
p r o p e r r e fe r e n c e s to r a c e , r e lig io n , n ation al origin^ o r c r e e d o r con tainin g any s c u r r ilo u s ,
d e fa m a to ry , o r lib e lo u s m a tte r.




15

B r ic k la y e r s , M a son s and P l a s t e r e r s ’
In tern ation al Union of A m e r ic a (A F L -C IO )
A R T IC L E I— T itle,

O b je ct, and P o w e r s

S ection 2.
The O B JE C T sh all b e to unite into one p a re n t body, fo r m utual p r o te c tio n
and b en efit, a ll m e m b e r s of the M ason C ra ft that w o rk at the sam e who a r e c itiz e n s o f the
cou n try w ithin its ju r is d ic t io n , w ithout con d ition as to se rv itu d e o r r a c e .
A R T IC L E 12— A p p lica tio n fo r M e m b e rsh ip
S ection 2.
E Q U A L IT Y .— E v e ry m e m b e r of the In tern ation al Union sh all stand equal
b e fo r e the law in h is righ ts and p r iv ile g e s , and sh all be en titled to a ll b e n e fits and p r o te c tio n ,
p ro v id in g he c o n fo r m s to the ru le s and fo r m of p r o c e d u r e h e re in m en tion ed .
A R T IC L E 13— C h a rte rs
S ection 1.
A P P L IC A T IO N FO R C H A R T E R .—A p p lica tio n f o r ch a rte r f o r a new union
m u st be signed by at le a s t ten b r ic k la y e r s , ston em a so n s, ce m e n t m a so n s , p la s t e r e r s , m a rb le
m a so n s , tile s e tte r s , or m o s a ic and t e r r a z z o w o r k e r s , of good standing in a com m u n ity w h ere
th ere a re a s u ffic ie n t n u m ber of b r ic k la y e r s , sto n e m a so n s, ce m e n t m a s o n s , p la s t e r e r s ,
m a rb le m a s o n s , tile s e t t e r s ,o r m o s a ic and t e r r a z z o w o r k e r s to m a in ta in a su bord in ate union.
Under no c ir c u m s ta n c e s w ill a c h a r te r be gran ted to any b od y o f m en in any city , town or
v illa g e w h ere one or m o r e unions a lr e a d y e x is t without the co n se n t o f a m a jo r ity o f the
other unions b ein g f i r s t obtained, e x ce p t w h ere a lo c a l union o r any o r a ll o f them have
b een su spen ded, in w h ich c a s e the E x ecu tiv e B oard sh all, fo r the p r o te c tio n o f the rig h ts,
p r iv ile g e s , b e n e fits and p r o p e r ty of lo y a l m e m b e r s th e re o f, im m e d ia te ly gran t a ch a rte r to
a ll m e m b e r s o f said suspen ded lo c a l who w e r e not in any way r e s p o n s ib le fo r the su sp en sion
o f said lo c a l or a ga in st w hom no ch a rg e s a re pending, and said lo c a l sh all be the a u th orized
lo c a l o f this I. U. until the su sp en sion of the old lo c a l sh all have b e e n p a s s e d upon by the
next C on ven tion th e re a fte r of this In tern ation al Union. P r o v id e d , a lw a ys, that the con v en tion
a s s e m b le d , when the c ir c u m s ta n c e s of the c a s e m a y r e q u ir e , sh all a u th o riz e the E x e cu tiv e
B oard o f this I. U. , in s p e c ific in s ta n ce s , a p p rov ed by tw o -th ird s o f the d e le g a te s a s s e m b le d
to grant su ch c h a r te r s as the in te re s ts of this I. U. m a y r e q u ir e . But should a su bordin ate
union r e fu s e con s e n t to gran t a ch a rte r to a body o f cr a fts m e n s im p ly on a cco u n t o f r a c e ,
n ation ality, or r e lig io n , the E x ecu tiv e B oa rd sh all have p o w e r, a fte r due in v e stig a tio n o f
sam e, to gran t a c h a rte r to said cr a fts m e n if, in th eir opin ion, the r e a s o n given by the
union re fu s in g co n sen t to gran t said ch a rte r is u n ju stifia b le , p ro v id in g the a p p lica n ts r e ­
c e iv e the h ou rs and w a ges o f that lo c a lity .
Under no co n s id e r a tio n sh all the E x ecu tiv e
B oard grant said ch a rte r u n less the a p p lica n ts dem and the h o u rs and w a ges in the j u r i s ­
d ictio n of the lo c a lity w h ere it is to be granted, n o r sh all the E x e cu tiv e B o a rd h e re a fte r
grant a c h a r te r to any c o r p o r a te body. The gran t o f a c h a rte r sh all b e p e r s o n a l to th ose
applying th e r e fo r and m en tion ed th erein and th eir s u c c e s s o r s , and any ch a rte r h e r e a fte r
cla im e d to have b e e n gran ted to an in c o r p o r a te d b od y sh all be a b s o lu te ly null and v o id , and
the m e m b e r s o f su ch c o r p o r a tio n sh all not be en titled to any rig h ts or b e n e fits o f this In­
tern a tion al Union until they have s u rre n d e re d such ch a rte r and b e e n gran ted a new ch a rte r
in a c c o r d a n c e with the In tern ation al Union C onstitution; n or sh all any e x istin g su bordin ate
union h e re a fte r b e c o m e in c o r p o r a te d w ithout the co n se n t o f this In tern ation al Union in C on ­
ven tion a s s e m b le d .
A R T IC L E 18— C ode of O ffen ses A g a in st Subordinate Unions and P e n a ltie s
S ection 10.
A fin e of one hundred d o lla r s ($ 1 0 0 ) sh all b e im p o s e d on any m e m b e r
or union who sh a ll b e guilty of d is c r im in a tio n a gain st any m e m b e r o f the B. , M. & P . I. U.
of A. by r e a s o n of r a c e or c o lo r .
It sh all b e a v io la tio n of the I. U. C onstitu tion to w r ite , p u b l is h e r c ir c u la te in any
m an ner o r ca u se to be so w ritten , publish ed^or cir c u la te d in any le tte r , n e w sp a p e r, p e r io d ic a l,
m a g a zin e, pamphlet., or any oth er m ed iu m any a r t ic le or w ritin g w h a tso e v e r co n c e rn in g this
I. U. , its S ubordinate U nions, or any m e m b e r or o f fic e r th e re o f, or anyone a can didate fo r
any o ffic e th erein , fo r the p u r p o se of inducing the m e m b e r s o f this I. U. , by su ggestion ,
o r d e r , p e r s u a s io n , o r o th e rw is e to d is c r im in a te a gain st o r in fa v o r o f such m e m b e r , o ffic e ^
or candidate b e ca u s e o f h is n ation ality, co lo r? or c r e e d . Any v io la tio n o f the p r o v is io n s of
this p a ra g ra p h w ill be pu n ish a ble by a fin e of $100.
R u les o f O rd er
26.

No s u b je c t o f a r e lig io u s nature sh all at any tim e be adm itted.




16

U nited M ine W o rk e rs
o f A m e r ic a (Ind. )

A R T IC L E I— N am e

This o rg a n iz a tio n sh a ll be known as the U nited M ine W o rk e rs o f A m e r ic a . It sh all
be In tern ation al in s c o p e , and as an o rg a n iz a tio n sh a ll not be co m m itte d to o r fa v o r any
p a r tic u la r r e lig io u s c r e e d ; n eith er sh a ll a ffilia tio n h e re w ith in t e r fe r e with the r e lig io u s o r
p o lit ic a l fr e e d o m of in dividu al m e m b e r s .

A R T IC L E II— O b je cts

F ir s t .
To unite in one o rg a n iza tio n , r e g a r d le s s o f c r e e d , c o l o r , o r n ation ality, a ll
w o r k e r s e lig ib le fo r m e m b e r s h ip , e m p lo y e d in and a rou n d c o a l m in e s , c o a l w a s h e r ie s , c o a l
p r o c e s s in g p lan ts, co k e ov e n s, and in su ch oth er in d u strie s as m a y be d esign a ted and a p ­
p r o v e d by the Inter n ation al E x ecu tiv e B oa rd , on the A m e r ic a n con tin en t.

L o c a l Union M anual— M e m b e r ’ s Oath o f Initiation
I do s in c e r e ly p r o m is e , of m y own fr e e w ill, to abide by the law s o f this U nion;
to b e a r tru e a lle g ia n c e to, and k eep in v iola te the p r in c ip le s o f the U nited M in e W o rk e rs o f
A m e r ic a ; n e v e r to d is c r im in a te again st a fe llo w w o r k e r on a cco u n t o f c r e e d , c o l o r , or
n a tion a lity; to d efen d fr e e d o m o f thought, w h eth er e x p r e s s e d by tongue o r pen, to defen d on
a ll o c c a s io n s and to the extent o f m y a b ility the m e m b e r s o f ou r O rg a n iza tio n .




17

U nited P a ck in g h ou se, F o o d and
A llie d W o rk e rs (A F L -C IO )

P r e a m b le

W e, the U nited P a ck in g h ou se, F o o d and A llie d W o r k e r s , r e a liz e that the stru g g le to
b ette r ou r w ork in g and liv in g con d ition s is in vain u n le ss w e a re united to p r o te c t o u r s e lv e s
c o lle c t iv e ly a gain st the o r g a n iz e d f o r c e s o f the e m p lo y e r . W e, th e r e fo r e , fo r m an o r g a n i­
zation w h ich unites a ll w o r k e r s in ou r in d u stry on an in d u stria l b a s is w ith rank and file c o n ­
t r o l r e g a r d le s s o f c r a ft, a ge, se x , n ation ality, r a c e , c o l o r , c r e e d , o r p o lit ic a l b e lie fs c o n ­
s iste n t with d e m o c r a tic p r o c e s s e s , and w e p led ge o u r s e lv e s to p u rsu e at a ll tim e s a r e le n tle s s
and a g g r e s s iv e stru g g le to a dvan ce ou r in te r e s ts .

We r e c o g n iz e that ou r in d u stry is c o m p o s e d o f w o r k e r s o f a ll n a tio n a litie s , o f m any
r a c e s , o f d iffe r e n t c r e e d s and p o lit ic a l o p in io n s.
In the p ast^ th ese d iffe r e n c e s have b een
u se d to d ivid e us and one grou p has b een set a gain st another by th ose w ho w ou ld p re v e n t
our u n ifyin g.
We have o r g a n iz e d by o v e r c o m in g th ese d iv is iv e in flu e n ce s and by r e c o g ­
n izin g that ou r m o v e m e n t m u st be b ig enough to e n co m p a ss a ll grou p s and a ll o p in io n s. We
m u st alw ays be a le r t and rea d y to s trik e down any attem pts to d ivid e u s . We m u st d e s tr o y
the p o s s ib ility o f d isu n ity through the ed u cation o f ou r m e m b e r s h ip in the s p ir it o f s o lid a r ity
w ith a view to elim in a tin g a ll p r e ju d ic e s .

A R T IC L E III— J u r is d ic tio n and E lig ib ility to M e m b e r sh ip

S ection B .
A ll p e r s o n s w h ose o ccu p a tio n is in the in d u stry, as d e s c r ib e d a b ove in
S ection A, o r p e r s o n s e m p lo y e d by the In tern ation al U nion, o r a lo c a l union, o r m e m b e r s
who a re em p lo y e d by o rg a n iza tio n s to w h ich the In tern ation al U nion o r a lo c a l union is a f ­
filia te d , o r m e m b e r s who a re e le c te d o r appoin ted to p u b lic o f fic e a re e lig ib le fo r m e m ­
b e rs h ip in the U nited P a ck in g h ou se, F o o d and A llie d W o r k e r s , r e g a r d le s s o f s k ill, a ge,
se x , n ation ality, c o l o r , r e lig io u s o r p o litic a l b e lie fs o r a ffilia tio n s co n s is te n t with d e m o ­
c r a t ic p r in c ip le s .

A R T IC L E XVI-r— M e m b e r sh ip
S ection D.

O b liga tion .

L o c a l u n ions sh all give to ea ch new m e m b e r the fo llo w in g o b lig a tio n :
I do s in c e r e ly p r o m is e to abide by the law s o f the U nion, to b e a r tru e a lle g ia n ce
to the p r in c ip le s o f U n ion ism , n e v e r to d is c r im in a te a gain st a fe llo w w o r k e r on a cco u n t o f
c r e e d , c o lo r , o r n ation ality, to defen d fr e e d o m o f thought w h eth er e x p r e s s e d by tongue o r
pen, and to defen d and a s s is t the m e m b e r s o f ou r o rg a n iza tio n in ou r co m m o n e ffo r t to
a ch ie v e the o b je c ts o f ou r U nion. I p led ge m y s e lf to su p p ort the C on stitu tion o f the U nited
P a ck in g h ou se, F o o d and A llie d W o rk e rs and to o b ey a ll law fu l o r d e r s o f the In tern ation al
E x e cu tiv e B oa rd .




U .S . G O V E R N M E N T P R IN T IN G O F F IC E : 1962 0 — 649 06 1

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