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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.56 (Deep 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.10 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.) 10 Goodyear Tire and Rubber Co. and Rubber Workers, 1 Labor Arbitra 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 11 involving claims 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 12 I t m ust not require the arbitrator to add inferences, said another, and accept their sum to find bias.13 W h at constitutes 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: 11 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. 13 Consolidated Steel Corp. and Steelworkers, 11 Lab. Arb. 891 (1948). 13 Rath Packing Co. and Packinghouse Workers, 24 Lab. Arb. 444 (1965). 14 Swift & Co., and Packinghouse Workers, 17 Lab. Arb. 539 (1951). 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). 37 Goodyear Tire and Rubber Co., op. cit., p. 121. 38 Republic Steel Corp. and Mine, Mill and Smelter Workers, 17 Lab. Arb. 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. 39 Tennessee Products and Chemical Corp. and Mine, Mill and Smelter Workers, 20 Lab. Arb. 180 (1953). 20 American Potash and Chemical Corp. and Mine, Mill and Smelter Workers, 3 Lab. Arb. 92 (1942). 33 Swift & Co., op. cit., p. 537. 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.14 Another arbitrator stipulated that the existence of an antidiscrimination clause would not protect a worker from a justifiable discharge.15 The facts 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.16 Similarly, where one employee was given a disciplinary sus pension of 1 week, he was paid his lost wages.17 In layoff cases, back pay was awarded.18 In two promotion cases, one arbitrator awarded the differ ence between the rate on the old job and on the higher rated jo b ,19 and the second ordered that the two aggrieved workers be given the first op portunity for promotion to the higher classifica tion.20 In a case in which discrimination in hiring 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.21 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 for l U nion. Digitized FRASER 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
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