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BLS B U L L E T IN NO. 1451

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Dayton & Mont'p“ «}ry Co

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CUM C LLEC N
ENT O TIO

COLLECTIVE BARGAINING
AGREEMENTS IN THE
FEDERAL SERVICE,




LATE SUMMER 1964
U N I T E D S T A T E S D E P A R T M E N T OF LABOR
W. Willard Wirtz, Secretary
BUREAU OF LABOR STATISTICS
Ewan Clague, Comm issioner




BLS BULLETIN NO. 1451

COLLECTIVE BARGAINING
AGREEMENTS IN THE
FEDERAL SERVICE,
LA TE SUMMER 1964

A u g u s t 1965

U N ITED STATES DEPARTM ENT OF LABOR
W. W illard W irtz, Secretary
BUREAU OF LABOR STATISTICS
Ewan Clague, Commissioner


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Preface
By late s u m m e r 1964, about Z l/ z y e a r s a ft e r the
issu an ce o f the P r e s i d e n t ’ s E x e c u tiv e o r d e r esta blish in g
a u n ifo r m la b o r re la t io n s p o lic y fo r the e x e c u tiv e d e p a r t ­
m ents o f the F e d e r a l G o vern m e n t, 209 f o r m a l c o l l e c t i v e
b a rga inin g a g r e e m e n t s , c o v e r in g about 600,000 F e d e r a l
e m p l o y e e s , had been n ego tiated under the t e r m s of the
o r d e r . F o r m o s t of the a g e n c ie s and s e v e r a l o f the unions,
c o l l e c t i v e b a rg a in in g was a new e x p e r ie n c e , and so m e o f
the f i r s t a g r e e m e n t s sim p ly r e c a s t the E x e c u tiv e o r d e r .
Since the m a j o r t e r m s of com pensation and su p p le m en tary
ben efits f o r F e d e r a l w o r k e r s a r e esta b lish ed by the C o n ­
g r e s s , the scope o f bargaining with individual a g e n c ie s
can n e v e r be as w id e as in p r iv a te industry.
Th is study p resen ts a deta iled pictu re o f the e a r l y
re su lts o f b argainin g in the F e d e r a l S e r v i c e , as r e f l e c t e d
in w r itte n a g r e e m e n t s .
C o n s id e r in g the pace at which
union o rg a n iz a t io n and c o l l e c t i v e b a rga inin g a r e m o v in g ,
the study soon m a y have h i s t o r ic a l i n t e r e s t m a in ly , but it
w i l l continue to s e r v e as a base upon which the changes
in c o l l e c t i v e b argainin g can be m e a s u r ed .
The a g r e e m e n t clau ses quoted in this study, i d e n ­
tifie d by a gen cy and union in an appendix, a re not intended
as m o d e l o r r e c o m m e n d e d cla u ses.
The c la s s i f i c a t i o n
and in te rp r e t a t io n o f cla u s e s , it must be em p h a s iz e d , do
not n e c e s s a r i l y r e f l e c t the understanding o f the p a r t ie s
who n ego tiated the cla u ses. M in o r e d it o r ia l changes w e r e
made w h e re n e c e s s a r y to enhance c l a r i t y and i r r e l e v a n t
parts w e r e o m itted w h e r e fe a s ib le .
Th is bulletin was p r e p a r e d by H a r r y P . Cohany,
a s s is t e d by H. J am es N e a r y , under the d ir e c t io n o f
Joseph W. Bloch, C h ief o f the B u r e a u ’ s D iv is io n of Indus­
t r i a l and L a b o r R e la tio n s , under the g e n e r a l d i r e c t i o n o f
L e o n a r d R. L i n s e n m a y e r , A s s i s t a n t C o m m is s io n e r f o r
W a g es and In d u stria l R ela tio n s.

iii




Contents

Pase
C h a p t e r I. I n t r o d u c t i o n ___________________________________________________________________
S c o p e o f s t u d y -------------------------------------------------------------------------------------------------

1
4

C h a p t e r II. A g r e e m e n t p r o v i s i o n s in a g e n c i e s
o t h e r than P o s t O f f i c e -------------------------------------------------------------------------------------G e n e r a l p o l i c y s t a t e m e n t s ----------------------------------------------------------------------------H o u r s o f w o r k and o v e r t i m e -------------------------------------------------------------------------D a i l y and w e e k l y h o u r s ----------------------------------------------------------------------------H o l i d a y p a y -----------------------------------------------------------------------------------------------W o r k i n g c o n d i t i o n s ______________________________________________________________________
R e s t p e r i o d s ----------------------------------------------------------------------------------------------W a s h u p a n d / o r c le a n u p p r o v i s i o n s ----------------------------------------------------------S p e c i a l c l o t h i n g -----------------------------------------------------------------------------------------W o r k b y s u p e r v i s o r s -------------------------------------------------------------------------------------S u b c o n t r a c t i n g -----------------------------------------------------------------------------------------------S a f e t y m a t t e r s -----------------------------------------------------------------------------------------------P o l i c y s t a t e m e n t s -------------------------------------------------------------------------------------S a f e t y c o m m i t t e e s ------------------------------------------------------------------------------------A c c i d e n t r e p o r t s --------------------------------------------------------------------------------------W o r k u n d er h a z a r d o u s c o n d i t i o n s _______________________________________________
D i s a b l e d e m p l o y e e s ---------------------------------------------------------------------------------L e a v e p o l i c i e s -----------------------------------------------------------------------------------------------A n n u a l l e a v e ----------------------------------------------------------------------------------------------S ic k l e a v e -----------------------------------<
--------------------------------------------------------------C i v i c d u t ie s ______________________________________________________________________________
J u r y d u t y ______________________________________________________________________________
V o t i n g l e a v e ----------------------------------------------------------------------------------------------C h a r i t y d r i v e s ------------------------------------------------------------------------------------------C r a f t j u r i s d i c t i o n ------------------------------------------------------------------------------------------W a g e s u r v e y s ____________________________________________________________________________
S u r v e y r e q u e s t s ----------------------------------------------------------------------------------------U n io n p a r t i c i p a t i o n __________________________________________________________________
A p p e a l s ________________________________________________________________________________
P e r s o n n e l a c t i o n s ------------------------------------------------------------------------------------------P r o m o t i o n s -----------------------------------------------------------------------------------------------D e m o t i o n s ____________________________________________________________________________
R e d u c t i o n - i n - f o r c e __________________________________________________________________
Jo b d e s c r i p t i o n s and r a t i n g s ______________________________________________________
D i s c i p l i n a r y a c t i o n __________________________________________________________________
A p p r e n t i c e s h i p and t r a i n i n g ---------------------------------------------------------------------R e c r u i t i n g -------------------------------------------------------------------------------------------------U n io n a c t i v i t i e s __________________________________________________________________________
U n io n a f f a i r s and m e e t i n g s ________________________________________________________
P u b l i c i t y _______________________________________________________________________________
S t e w a r d s and r e p r e s e n t a t i v e s ------------------------------------------------------------------V i s i t a t i o n r i g h t s ---------------------------------------------------------------------------------------U n io n l e a v e -----------------------------------------------------------------------------------------------D u es w i t h h o l d i n g _____________________________________________________________________

9
9
13
13
17
17
17
18
18
19
19
ZO
20
20
22
22
22
23
23
24
25
25
26
26
27
28
29
29
31
31
31
33
33
34
35
37
39
40
40
41
42
44
45
46




v

Contents— Continued

P a Se

Union-management activities ------------------------------------------------------------------------Cooperation committees---------------------------------------------------------------------------Negotiating committees-----------------------------------------------------------------------------Factfinding committees-----------------------------------------------------------------------------Mediation----------------------------------------------------------------------------------------------------Decision and appeals----------------------------------------------------------------------------------Grievances and arbitration-----------------------------------------------------------------------------Rights of union and individual-------------------------------------------------------------------Scope of procedures_______________________________________________________
Procedural steps----------------------------------------------------------------------------------------Advisory arbitration----------------------------------------------------------------------------------Supplemental agreements-------------------------------------------------------------------------------Chapter III.

Provisions in the National Postal Agreement ___________________

49
49
51
52
54
55
56
57
58
59
62
64
65

Tables:
1.
2.
3.
4.
5.

Federal collective bargaining agreements by
agency and union affiliation, late summer 1964_______________________
Federal collective bargaining agreements by
agency and number of employee
organizations, late summer 1964 -----------------------------------------------------Federal collective bargaining agreements by
agency and broad occupational coverage,
late summer 1964 --------------------------------------------------------------------------------Federal collective bargaining agreements by
size of bargaining unit, late summer 1964-----------------------------------------Federal collective bargaining agreements
ex clu sive of P o s t O ffice ,

5
6
7
8

by r e g i o n ,

late summer 1964_______________________________________________________

8

Appendixes:
A.
B.
C.
D.

Executive Order 10988___________________________________________________
Standards of conduct for employee organizations
and code of fair labor practices_______________________________________
Merit staffing (Department of Labor) --------------------------------------------------Identification of clauses__________________________________________________




71
76
81
86

Collective Bargaining Agreements in the Federal Service,
Late Summer, 1964
Chapter i. Introduction
Executive Order 10988, issued by President John F. Kennedy on Jan­
uary 17, 196 2, established for the first time a uniform labor relations policy in
the executive departments of the Federal Service, including the right to nego­
tiate agreements. 1 The order followed closely the recommendations made by a
special task force on November 30, 1961, appointed by the President on June 22,
to advise him on employee-management relations in the Federal Government. 1
2
The task force, after an extensive survey, concluded that the "Federal Govern­
ment has no Presidential policy on employee-management relations, or at least
no policy beyond the barest acknowledgement that such relations ought to exist.
Lacking guidance, the various agencies of the Government have proceeded on
widely varying courses. Some have established extensive relations with employee
organizations; most have done little; a number have done nothing. The task force
is firmly of the opinion that in large areas of the Government we are yet to take
advantage of this means of enlisting the creative energies of Government workers
in the formulation and implementation of policies that shape the conditions of
their work. " The report went on to say: "The task force believes the time has
come to establish a governmentwide Presidential policy which acknowledges the
legitimate role which these organizations should have in the formulation and
implementation of Federal personnel policies and practices. "
The task force acknowledged that "the benefits to be obtained for em­
ployee organizations, while real and substantial, are limited" because "many of
the most important matters affecting Federal employees are determined by Con­
gress, and are not subject to unfettered negotiation by officials of the Executive
Branch." For example, wages, perhaps the key issue in collective bargaining
in private industry, are, in the Federal Service, set either by statute (such as
the Classification Act) or are determined on the basis of prevailing rates of pay
in comparable occupations in private employment in the area (for "wage board
employees"). 3 For all categories of employees, fringe benefits— e. g. , retire­
ment and insurance benefits, annual and sick leave, paid holidays— are uniformly
applicable through legislation and regulations, and are thus not subject to nego­
tiation.
Agency regulations, however, such as those implementing the above
practices, as well as seniority rights, grievance procedures, the methods of
determining prevailing rates of pay for wage board employees, and other regu­
lations, allow some scope to union negotiations.

1 See appendix A and B, respectively, for the text of the order and the "Standards of Conduct for Em ployee
Organizations and Code of Fair Labor Practices in E m ployee-M anagem ent Cooperation in the Federal Service, " issued
pursuant to the order.
2 Its members were Arthur J. Goldberg, Secretary of Labor, chairman; John W . M acy, Jr., Chairman, U .S . C iv il
Service Com m ission, v ice chairman; David E. Bell, Director, Bureau of the Budget; J. Edward Day, Postmaster General;
Robert F. M cNam ara, Secretary of Defense; and Theodore C . Sorenson, Special Counsel to the President.
3 Salaries set by statute include those of the Classification A c t, covering most professional, administrative, and
clerical em ployees, the Postal Field Service, the Foreign Service, and the m edical service of the Veterans A d m in ­
istration.
They are payable on an annual basis.
W age board em ployees, excluded from the Classification A c t for
paysetting purposes only, are those in trades, crafts, and manual occupations.
T hey are paid on a hourly basis.
It should be noted that statutory systems do not apply to employees in a number of agencies who are governed
by separate pay systems. Am ong these agencies are the Tennessee V alley Authority and the A tom ic Energy Com m ission.
See table 3.




1

2

Union activity in the Federal Service, it should be emphasized, is not a
recent development. Organizations of blue-collar workers in Government installa­
tions existed in the 1830! s and 1840‘ s and contributed to efforts to reduce daily
hours of work to 10 and, subsequently, to 8.
At the urgings of union leaders,
Congress passed the first "prevailing wage" statute in 1861. Postal unions were
founded in the 1880's and 1890's.
As a result of growing union activity among
Federal blue-collar workers, the International Association of Machinists, in 1904,
chartered a separate division for such members, known as District 44.
Four
years later, a number of unions affiliated with the American Federation of Labor
established the Metal Trades Department which was authorized to form local
metal trades councils to coordinate representation and bargaining efforts and to
resolve jurisdictional disputes among affiliates. A charter was granted that year
to organizations at the Brooklyn Navy Yard. 4 The right of Federal employees
to join unions and to petition Congress was established by the Lloyd-LaFollette
Act of 1912, which stated in part:
(c)
Membership in any society, association, club, or other form of organization o f postal e m ­
ployees not affiliated with any outside organization imposing an obligation or duty upon them to
engage in any strike, or proposing to assist them in any strike, against the United States, having for
its objects among other things, improvements in the condition of labor of its m em bers, including
hours of labor and compensation therefor and leave of absence by any person or groups of persons in
said postal service, or the presenting by any such person or groups of persons of any grievance or
grievances to the Congress or any member thereof shall not constitute or be cause for reduction in
rank or compensation or rem oval of such person or groups of persons from said service.
(d)
The right of persons em ployed in the c iv il service of the United States, either individually or
c o llec tiv e ly , to petition Congress, or any m em ber thereof, or to furnish information to either House
of Congress, or to any com m ittee or m em ber thereof, shall not be denied or interfered with.

Although originally a rider to a Post Office appropriation bill, the act
has, by extension, been held to apply to all Federal employees and the right of
Federal employees to organize.
It is still the only significant Federal statute
protecting this right.
The first general union of civil servants, the National Federation of
Federal Employees (NFFE), was formed in 1917 when the American Federation
of Labor issued a charter to several directly affiliated local unions. Disagreement
with the AFL over jurisdictional matters resulted in the withdrawal of the NFFE
from the Federation in 1932. In the same year, local unions opposed to secession
formed the American Federation of Government Employees (AFGE). Both unions
are still in existence.
The Presidents task force found that in 1961 approximately one-third of
all Federal employees were members of unions.
This overall total, however,
was largely influenced by postal unions which accounted for nearly 490, 000 of the
762, 000 members, and represented 84 percent of postal employment.
Other
agencies reporting a large proportion of organized employees were the Tennessee
Valley Authority (82 percent of its employment), the St. Lawrence Seaway Develop­
ment Corporation (80 percent), the Panama Canal Co. (67 percent), and the Gov­
ernment Printing Office (54 percent).
Of 57 Federal departments and agencies
surveyed, 22 did not have a formal labor relations policy, while 11 other agencies
provided briefly that employees had the right to join or not to join employee
organizations.
In 21 agencies, labor relations policies followed the Suggested
Guide for Effective Relationships with Employee Croups in the Federal Service,
issued by the Federal Personnel Council in 1952. In essence, the Guide suggested
4
Members of the IAM 's District 44 and of the M etal Trades Department have for a number of years served on
the Navy W age C om m ittee which reviews data on lo ca l prevailing wage rates and determines area pay scales for
each craft.




3

that M . . representatives of organized employee groups should be encouraged,
.
and insofar as practicable may from time to time be requested, to discuss with
officials of the agency questions of personnel policy of general interest to em­
ployees . . . n In addition, it recommended that certain services, such as bul­
letin boards, distribution of literature, collection of dues and official facilities
for meetings, be provided to employee organizations.
Labor relations policies
of an advanced nature were found in three Federal agencies, the Post Office, the
Tennessee Valley Authority, and the Department of the Interior, with negotiations
leading to written agreements confined to the latter two. 5
The task force further noted:
The absence of Presidential policy at this late date is an unnecessary situation; in many ways it is
an anomalous one.
For a quarter century it has been the public policy of the Government to en­
courage em ployees in private enterprise to organize and deal c o llec tiv e ly ; yet the Government con­
tinues to have almost nothing to say concerning the role of organizations of its own em ployees . . .
Despite the obvious sim ilarities in many respects between the conditions of public and private em ­
ploym ent, the task force feels that the equally obvious dissimilarities are such that it would be neither
desirable, nor possible, to fashion a Federal system of em p loyee-m an agem en t relations directly upon
the system which has grown up in the private econom y . . .
The task force wishes . . .
to note its conviction that there need be no conflict between the system
of e m p loyee-m an ag em en t relations proposed . . . and the C iv il Service merit system, which is and
should remain the essential basis of the personnel policy of the Federal Government.
The principle of entrance into the career service on the basis of open com petition, selection on
merit and fitness, and advancement on the same basis, together with the full range of principles and
practices that m ake up the C iv il Service system govern the essential character of each individual's
em ploym ent. C o lle ctiv e dealing cannot vary these principles. It must operate within their framework.
T he C iv il Service system has provided an excellent and, indeed, indispensable method of selecting
government em ployees and rewarding their achievem ents. However, it has not, on the w hole, pro­
vided a means by which em ployees acting in concert m ay promote the c ollective interests of civil
servants. In this light it is clear that the systems are both m utually com p atible, and in fact c o m ­
plem ent each other.

The Executive order, in line with the recommendations of the task force,
reaffirms the right of employees to join or not to join unions ’’without fear of
penalty or rep risal." Recognition is denied to unions which assert the right to
strike against the Government, which advocate the overthrow of the constitutional
form of Government, and which discriminate because of race, color, creed, or
national origin, and which are found to be subject to corrupt influences.
The
order* s principal feature, however, is the provision for granting three forms of
recognition to employee organizations— informal, formal, and exclusive. Informal
recognition permits an organization to be heard on matters of interest to its
members, regardless of the form of recognition accorded to others, although the
agency need not consult it on personnel policy.
Organizations having at least
10 percent membership among the employees in a given unit may seek and obtain
formal recognition, in which case they speak for their members only in consul­
tations with management on matters relating to working conditions and the formu­
lation and implementation of personnel policies.
Note that formal recognition
cannot be granted or retained if another organization has exclusive recognition,
although informal recognition of other units may continue.
Finally, to obtain
exclusive recognition, an organization must qualify for formal recognition and
must be selected by the majority of the employees in the appropriate unit. The
union so chosen must represent all employees in the unit and is authorized to
5
T V A has carried on collective bargaining with 16 craft unions represented by the V a lle y Trades and Labor
C ouncil since 1937, and with 7 w h ite -collar unions represented by the Salary Policy Em ployee Panel since 1943. The
Department of the Interior reported 24 agreements as of the end of 1961, covering em ployees on the Alaska Railroad,
the Bureau of R eclam atio n , Bonneville Power Administration, Bureau of Mines, H elium A ctiv ity , and powerplants run
by the Bureau of Indian Affairs and Southwestern Power Administration. These agreements are not covered in this study.
784-562 0 - 6 5 - 2




4

negotiate collective bargaining agreements.
Units may be established on plant,
craft, functional, or departmental lines, or on any other basis which establishes
a community of interests among employees.
In case of disagreement between
unions and agencies as to what constitutes a proper bargaining unit, resort may
be had to advisory arbitration. 6
The scope of negotiations is broadly stated as covering "personnel policy
and practices and matters affecting working conditions, n but does not "extend to
such areas of discretion and policy as the mission of an agency, its budget, its
organization and the assignment of its personnel, or the technology of performing
its work. " Agreements are subject to existing and future laws and regulations
and must be approved by the head of the agency. A variety of other management
rights dealing, in the main, with promotions, demotions, transfers, layoffs, and
disciplinary actions are also included in the order.
As required, by July 1, 1962, agency heads issued appropriate rules
and regulations to implement the order, often after consultations with employee
organizations, and the three forms of recognition began to be extended shortly
thereafter. The first agreement under the order was negotiated by the Depart­
ment of Agriculture and Meat Inspection Dodges affiliated with the American
Federation of Government Employees (AFL-CIO) and went into effect on Septem­
ber 3, 1962. In early 1965, 3 years after the order was issued, the Civil Serv­
ice Commission had a record of 627 exclusive units covering 760, 000 employees,
of which 245 with 660,000 employees had negotiated agreements (515,000 in the
Post Office Department).
This study describes the provisions of 209 agreements which were availa­
ble to the Bureau of Labor Statistics by late summer 1964. Agreements nego­
tiated prior to Executive Order 10988 are excluded from this study. 7 Because
of procedural requirements and other problems, the Bureau is not in a position
to account for all agreements that may have gone into effect as of that date. 8
The study focuses on the types and varieties of provisions that the parties in
their first effort of this kind have agreed to incorporate into their written agree­
ments. Thus, it serves as a benchmark against which to measure developments
in the scope of collective bargaining over time.
Scope of Study
The 209 agreements negotiated under Executive Order 10988, with which
this study deals covered nearly 600,000 workers in 21 Federal departments or
agencies (table 1). Nearly 90 percent of the agreements studied were negotiated
by unions affiliated with the AFL-CIO, representing about 87 percent of all covered
workers. By far the largest number of workers, more than 471,000, were ac­
counted for by a national agreement between the Post Office Department and six
unions.
Negotiations between local post offices and postal unions are expected
to result in more than 20, 000 supplementary agreements. Approximately 8, 000
local supplementary agreements have already been reached; these, however, are
not accounted for in this study. Outside of the Post Office, the largest agreement
and worker coverage was in Department of Defense agencies— 109 contracts for

Twenty arbitration cases conducted through D e c . 31, 1963, are described in Federal Em ployee Unit Arbitration
(U . S. Department of Labor, Labor-M anagem ent Services Adm inistration, June 1964).
As of m id -1 9 6 5 , a total of
41 advisory arbitration decisions have been rendered.
7 See footnote 5.
8 One of the difficulties o f accounting for all agreements as of a particular date results from the fact that
contracts reached at the lo ca l le v e l must be approved at agency headquarters before they can go into effect, a pro­
cedure which, at tim es, takes a month or longer.
Other difficulties arise from delays in printing and distributing
agreements. The Bureau of Labor Statistics is not the depository of Federal agreements, but depends on other agencies
for copies.




5

Table 1.

Federal C ollective Bargaining Agreements by Agency and
Union Affiliation, Late Summer 1964
Number

Union affiliation
A F L-C IO

Agency
Agreem ents

Employees
covered

Agreem ents

Unaffiliated

Employees
covered

T o t a l ----------------------------------------------------

209

599, 542

1 183

525, 274

A gricu ltu re----------------------------------------------------C o m m e r c e -----------------------------------------------------D e fe n se -----------------------------------------------------------A ir F o r c e -------------------------------------------------------A r m y ---------------------------------------------------------------N a v y ---------------------------------------------------------------Health, Education, and W e lfa r e ---------------In ter io r-----------------------------------------------------------L abor---------------------------------------------------------------Post O f f i c e ----- -----------------------------------------------T re a su r y ---------------------------------------------------------A to m ic Energy Com m ission ---------------------C iv il Aeronautics Board-----------------------------Federal Aviation A g e n c y -------------------------General Services Adm inistration---------------Interstate C om m erce C o m m is s io n ----------National Labor Relations Board-----------------Railroad Retirem ent B o a r d -----------------------Smithsonian Institution--------------------------------T ariff C o m m is s io n --------------------------------------Veterans A d m in istra tio n ----------------------------

3
3
1
9
34
65

2, 983
230
264
7 ,2 1 0
14, 337
66, 696
12, 259
72 4
4, 079
4 7 1 ,4 1 4
732
22

2
3
1
7
30
58
9
12
3

2, 558
230
264
4, 910
10, 445
6 4 ,5 6 8
12, 207
609
4, 079
40 8 , 333
732
22
11
839
1 ,2 2 1

10
14
3
1
5
1
1
4
21
1
1
1
1
1
29

11
839
1 ,7 7 2
20
42
1 ,8 0 0
30
7
1 4 ,0 7 1

U
5
1
1
4
16
1

_

1
1
1
26

20

_

1 ,8 0 0
30
7
12, 389

Agreements

127

Employees
covered

74, 268

1
_

425

_
_

_
2
4
7
1
2
_

ll

2, 300
3 ,8 9 2
2 ,1 2 8
52
115
_

-

6 3 ,0 8 1
_

-

_

-

_

5

551

1

42

3

1 ,6 8 2

_

_
_
_

1 National Post O ffice agreement covers 4 unions affiliated with the AF L-C IO and 2 unaffiliated unions.
ment coverage, however, is allocated by affiliation.

_

_
_
_

A gre e ­

88, 507 employees. Other agencies with significant contract or worker coverage
were Health, Education, and Welfare, and Interior, Labor, General Services
Administration, and the Veterans Administration.
Thirty-four unions, twenty-three affiliated with the AFL-CIO, were parties
to the collective agreements studied (table 2). The extent of collective bargaining
activity generated by the order can be gaged by the number of different unions
which deal with a single agency.
Thus, the Navy Department had agreements
with 14 different organizations.
Among the major ones, in terms of worker
representation, were the local metal trades councils of the Metal Trades Depart­
ment (AFL-CIO), the American Federation of Government Employees, the Inter­
national Association of Machinists and Aerospace Workers, the National Maritime
Union, and the National Association of Government Employees (Ind. ); smaller
number of workers were represented by the International Union of Operating
Engineers, the International Association of Fire Fighters, and the International
Printing Pressmen and Assistants1 Union of North America. The Federal Aviation
Agency bargained with four unions for 839 workers: The American Federation
of Government Employees, the International Association of Machinists and Aero­
space Workers, the International Brotherhood of Electrical Workers, and the
Lithographers and Photoengravers International Union.




6

Table 2.
Federal Collective Bargaining Agreements by Agency and
Number of Employee Organizations, Late Summer 1964
Number

Agency

AFL--C IO
Employee
organizations

Unaffiliated

Employees
covered

1
T o t a l --------------------------------------------------

34

5 9 9 .5 4 2

A g r ic u ltu r e ------------------------------------------------Com m erce ------------------------------------------------D e f e n s e -------------------------------------------------------Air F o r c e -----------------------------------------------------A r m y -----------------------------------------------------------Navy -----------------------------------------------------------Health, Education, and W e l f a r e ----------Interior ------------------------------------------------------Labor -----------------------------------------------------------Post O ffice ------------------------------------------------Treasury -----------------------------------------------------A to m ic Energy C o m m is s io n -------------------Civil Aeronautics Board -------------------------Federal Aviation A g e n c y -------------------------General Services A d m in istra tio n ----------Interstate Com m erce C o m m issio n --------National Labor Relations B o a r d -------------Railroad Retirem ent B oard---------------------Smithsonian In stitu tio n ---------------------------T ariff C o m m issio n ------------------------------------Veterans A d m in istra tio n --------------------------

2
3
1
5
12
14
2
7
1

2 ,9 8 3
230
264
7 ,2 1 0
14, 3 3 7
6 6 ,6 9 6
1 2 ,2 5 9
724
4 ,0 7 9
4 7 1 ,4 1 4
732
22
11
839
1, 772
20
42
1 ,8 0 0
30
7
1 4 ,0 7 1

1

Union affiliation

6
4
1
1
4
5
1

1
1
1
1
4

Employee
Employees
organizations
covered
1
23

5 2 5 .2 7 4

1
3
1
4
9
11
1
6
1
4
4
1
1
4
2
1

Employee
organizations

2 ,5 5 8
230
264
4 ,9 1 0
1 0 ,4 4 5
6 4 ,5 6 8
1 2 ,2 0 7
609
4 ,0 7 9
4 0 8 ,3 3 3
732
22
11
839
1 ,2 2 1
20

-

1
1
1
2

Employees
covered

1

-

1 ,8 0 0
30
7
1 2 ,3 8 9

11

7 4 ,2 6 8

1

425

-

1
3
3
1
1
-

2
-

_

3
-

1
_

-

2 ,3 0 0
3 ,8 9 2
2 ,1 2 8
52
115
_
6 3 ,0 8 1
-

_
_
_
551
-

42
_

-

-

-

-

2

1 ,6 8 2

These columns are nonadditive; many unions bargain with more than 1 Federal agency.

The jurisdiction of 16 unions with 540, 000 workers was limited to the
Federal Service,
The study reveals that since issuance of the order several
new employee organizations have come into existence, such as the National A sso­
ciation of Government Employees (Ind. ) (8 agreements), the National Association
of Government Inspectors (Ind. ) (Z), and the Social Security District Office Em ­
ployees Union (Ind.) (1). At the time of the study, however, the largest number
of agreements were held by organizations with a long history of activity among
Federal employees.
The American Federation of Government Employees had
111 contracts, followed by the Lithographers and Photoengravers with 14, and
metal trades councils with 11.
Bargaining units outside of the Post Office comprised 21, 000 Classifi­
cation Act employees and 63,000 wage board employees, while 44,000 were in
mixed units (table 3). Comparing these figures with corresponding employment
totals, it is clear that, except for the Post Office, unions still face major orga­
nizing tasks. 9 Several large agencies, predominantly white-collar, had no agree­
ments or very little coverage under agreements.
The Department of Labor*s
agreement with AFGE is the only one covering virtually all eligible Washington
headquarters' employees.
9

In 1964, the C iv il Service Com m ission reported 1 .1 m illion classified em ployees, 6 2 4 ,0 0 0 wage board e m ­

ployees, and 5 8 5 ,0 0 0 em ployees in the postal service.




7
Table 3.

Federal Collective Bargaining Agreements by Agency and Broad
Occupational Coverage,* Late Summer 1964
Type of bargaining unit
Number
Classification A ct

Agency
Agree­
ments

Employ­
Agree­
ees
ments
covered

Employ­
ees
covered
4 9 2 , 73 7

Total — ---------------------------------------------

209

5 9 9 ,5 4 2

A g r ic u ltu r e -------------------------------------------------Com m erce — --------------------------------------------D e f e n s e ------------------------------------------------------Air F o r c e -----------------------------------------------------Arm y ----------------------------------------------------------Navy -----------------------------------------------------------Health, Education, and W e l f a r e -----------Interior -------------------------------------------------------Labor -----------------------------------------------------------Post o f f i c e --------------------------------------------------Treasury -----------------------------------------------------A to m ic Energy C o m m issio n ----------------—
Civil Aeronautics Board---------------------------Federal Aviation A g e n c y -------------------------General Services A d m in istration -----------Interstate Com m erce C o m m ission ---------National Labor Relations B o a rd -------------Railroad Retirem ent B oard---------------------Smithsonian In stitu tio n ---------------------------T ariff C o m m issio n ------------------------------------Veterans A d m in istra tio n --------------------------

3
3
1
9
34
65
10
14
3
1
5
1
1
4
21
1
1
1
1
1
29

2 ,9 8 3
230
264
7 ,2 1 0
1 4 ,3 3 7
6 6 ,6 9 6
1 2 ,2 5 9
724
4 ,0 7 9
4 7 1 ,4 1 4
732
22
11
839
1, 772
20
42
1 ,8 0 0
30
7
1 4 ,0 7 1

34
3
-

1
4
6
9
1
3
1
1
-

W age board
A gree­
ments

M ixed

Employ­
ees
covered

93

6 2 ,6 3 5

-

2

150

-

-

1
1
1
1
1
-

42
1 ,8 0 0
30
-

2
17
33
-

11
-

4
-

1
2
18
1
1
1

-

1 ,9 3 0
2 ,9 1 4
54, 733
481
-

582
-

11
119
1 ,3 7 6
20
7
312

Employ­
ees
covered

82

4 4 ,1 7 0

1
1
6
13
26
1
2

80
264
5 ,1 3 0
1 0 ,6 7 9
1 1 ,6 2 4
1 ,2 0 0
225
-

_

_

2 ,9 8 3

150
744
339
1 1 ,0 5 9
18
4 ,0 7 9
4 7 1 ,4 1 4
22
46
11
-

A gree­
ments

-

1
1
2
28

-

150
674
385
-

13, 759

1 See footnote 3, p. 1.

Nearly half of the 209 bargaining units accounted for were made up
of 150 or fewer employees, but these encompassed fewer than 6, 000 workers
(table 4). About 510, 000 workers were in six bargaining units with 5, 000 or more
workers each. Excluding Post Office agreements which could not be allocated on
a geographic basis, more than half of the remaining 128, 000 employees were in
installations in two regions, the South Atlantic and the Pacific (table 5). In the
former, Maryland contributed about 11,500, with the District of Columbia and
South Carolina adding about 7, 000 each. The largest number of covered employ­
ees as of late summer 1964 were in New York, 13, 700, and California, 12, 300.
Most of the agreements accounted for in this study went into effect in
the first half of 1964. In general, it took from 4 to 9 months after the date of
granting exclusive recognition to reach an agreement, although in some cases it
took as little as 3 months and in a few as much as 19 months.




8

Table 4.

Federal C ollective Bargaining Agreements by Size of
Bargaining Unit, Late Summer 1964
Number

Agreem ents negotiated byA F L-C IO affiliates

Number of em ployees
in bargaining unit
Agreements

Employees
covered
Agreem ents

U naffiliated unions

Employees
covered

Agreem ents

Employees
covered

T o t a l ----------------------------------------------------

209

5 9 9 ,5 4 2

*183

5 2 5 ,2 7 4

*27

7 4 ,2 6 8

1 - 5 0 ---------------------------------------------------------------5 1 - 1 0 0 ------------------------------------------------------------

60
19
21
14
19
16
19
10
22
6
3

1 ,5 9 4
1 ,3 4 0
2 ,7 3 4
2, 492
4 , 609
6, 485
1 2 ,1 6 2

55
15
19
12
16
14
16
7
20
6
3

1 ,4 8 3
1 ,0 6 7
2 ,4 6 9
2, 134
3 ,9 3 1
5, 660
1 0 ,3 6 0
6, 307
4 5 , 306
1 4 4 6 , 557

5
4
2
2
3
2
3
3
2
1

111
273
265
358
678
825
1 ,8 0 2
2 ,5 2 3
4 ,3 5 2
1 6 3 ,0 8 1

101 1 5 0 ---------------------------------------------------------151 200 ---------------------------------------------------------2 0 1 - 3 0 0 ---------------------------------------------------------301 - 5 0 0 ---------------------------------------------------------501 7 5 0 ---------------------------------------------------------751 1 ,0 0 0 -----------------------------------------------------1 , 0 0 1 - 5 , 0 0 0 ------------------------------------------------Over 5 ,0 0 0 ---------------------------------------------------Not a v a ila b le --------------------------------------------------

1

8, 830
4 9 ,6 5 8
509, 638

See footnote 1, table 1.

T ab le 5.

R egion

Federal C o lle c tiv e Bargaining Agreem ents Exclusive of
Post O ffice, by R e g io n ,1 Late Summer 1964

Agreem ents

1

T o t a l ----------------------------------------------------

Employees
covered

208
4

4 ,8 3 3

East North C e n tra l ------------------------------------W est North C e n t r a l ---------------------------------

16
30
16
14

7 ,0 9 8
2 3 ,3 9 1
6, 838
2, 808

Agreem ents

*

Employees
covered

128, 128

--------------

R egion

Interregional agreements 2
\T/aiAf r n rrl n
IN C W
V 1 cillVJ.
o
I V l l U U l C /A f l d U l liC
A ll n n f r

South A t l a n t i c ---------------------------------------------East South C e n t r a l ------------------------------------W est South C e n t r a l --------------------------------“

50
10
17
11
36

Outside the United S t a t e s -----------------

4

AA a i i n t o
xVJaJLllxLcL111
P o p 1X1C
1 "f 1 p
1

—— ——— ——

— —— — —— —

36,
7,
5,
2,
30,

915
800
828
343
009
265

The regions used in this study include:
New England— Connecticut, M aine, Massachusetts, New Hampshire,
Rhode Island, and Verm ont; M iddle A tlantic— New Jersey, New York, and Pennsylvania; East North Central— Illinois,
Indiana, M ichigan, Ohio, and Wisconsin; W est North Central— Iowa, Kansas, Minnesota, Missouri, Nebraska, North
D akota, and South Dakota; South A tla n tic — Delaware, District of Colum bia, Florida, Georgia, Maryland, North
Carolina, South Carolina, Virginia, and West Virginia; East South C entral— A la ba m a , Kentucky, Mississippi, and
Tennessee; W est South Central— Arkansas, Louisiana, Oklahom a, and T exas; Mount a in~—
Arizona, Colorado, Idaho,
Montana, New M exico, Nevada, Utah, and W yom ing; and P acific— Alaska, California, H awaii, Oregon, and Washington.
2 Includes 2 agreements negotiated by the Department of Agriculture covering tobacco and m eat inspectors,
by the Department of C o m m erce (Saint Lawrence Seaway) covering installations in M ichigan and New York, and 1 by
the Railroad Retirem ent Board covering offices throughout the country.




Chapter II. Agreement Provisions in Agencies Other Than Post Office

This part of the study describes and quotes provisions of Federal agree­
ments reached under Executive Order 10988 by late summer 1964, except for
the Post Office agreement which is discussed separately. These 208 agreements
were, in most cases, the result of the first negotiating efforts between the parties.
Items included in supplementary or second agreements are accounted for under
particular headings, but the characteristics of these supplements are summarized
at the end of the chapter.

General Policy Statements
Virtually all agreements incorporated a statement, usually in the form of a
preamble or among the opening paragraphs, setting forth the purpose and function
of the collective agreements.
The language of these statements was in large
measure derived from various sections of the Executive order.
For example:
The purposes o f this agreement are to:
1.
Identify the parties to the agreement and define their respective roles and responsibilities
under the agreement.
2.
State the policies, procedures, and methods that w ill govern the working relationships between
the parties.
3.
Indicate the nature o f subject matters of proper mutual concern.
4.
Insure em ployee participation in the formulation o f personnel policies and procedures.
5.
Provide for the highest degree o f efficiency in the accom plishm ent o f the objectives of
the hospital.
6.
Promote system atic e m p loyee-m an ag em en t cooperation.

sje

*

(1)

i
\(

. . . it is the intention and purpose o f the parties hereto to promote and improve the efficient ad­
ministration o f the Federal Service and the w ell being o f journeyman pressmen within the m eaning of
Executive Order 1 0988; to establish a basic understanding relative to personnel p olicy, practices, pro­
cedures, and matters affecting conditions o f em ploym ent; and to provide means for am icable discussion
and adjustment of matters o f mutual interest at the Bureau of Engraving and Printing . . .
(2)

As required by section 7 of the order, the 208 agreements incorporated
provisions delineating the rights reserved to management and acknowledged that
the contract was subject to all present and future Federal laws, regulations, and
policies.
The pertinent sections of the order read as follows:
(1) In the administration o f all matters covered by the agreem ent officials and employees are governed
by the provisions o f any existing or future laws and regulations, including policies set forth in the
Federal Personnel Manual and agency regulations, which m ay be applicable, and the agreement shall
at all times be applied subject to such laws, regulations and policies;
(2) M anagem ent officials of the agency retain the right, in accordance with applicable laws and
regulations, (a) to direct em ployees o f the agency, (b) to hire, prom ote, transfer, assign, and retain
em ployees in positions within the agency, and to suspend, d em ote, discharge, or take other discipli­
nary action against em ployees, (c) to relieve employees from duties because o f lack o f work or for
other legitim ate reasons, (d) to m aintain the efficien cy o f the Government operations entrusted to
them , (e) to determine the m ethods, means and personnel by which such operations are to be con­
ducted; and (f) to take whatever actions m ay be necessary to carry out the mission of the agency in
situations of em ergency.




9

10

In addition, about 4 out of 5 agreements defined the issues which the
parties considered appropriate for bargaining, frequently coupled with a listing
of those matters which were not subject to bargaining.
The latter items were
usually those listed in section 6(b) of the order— budget matters, mission of
the agency, assignment of personnel, and the technology of performing work.
For example:
It is agreed that matters appropriate for consultation and negotiation between the parties shall include
personnel policies and working conditions including, but not lim ited to, such matters as safety, training,
labor-m anagem ent cooperation, em ployee services, methods o f adjusting grievances and appeals,
granting leav e, promotion plans, demotion practices, pay regulations, reduction in force practices, and
hours o f work which are within the discretion o f the em ployer.
It is further agreed that these matters
relate to the policy determination in the above areas and not to day to day operations or individual
dissatisfactions. No obligation on the part of the employer exists to consult or negotiate with Local 43 7
with respect to such areas of discretion and policy as the mission of the unit, its budget, its organiza­
tion, and the assignment of its personnel or the technology o f performing its work. The employer w ill,
when deem ed appropriate by him , discuss with the union any changes contem plated or foreseen as
m ay affect employees in the unit in such matters. Any im plication to the contrary notwithstanding,
m anagem ent is not obligated to negotiate on matters for which it does not have the authority
to change.
(3)

General subject areas which are considered appropriate subjects for negotiation under this agreement are:
a.
b.
c.
d.
e.
f.
g.
h.
o f pay,
i.
j.

Work environment.
Supervisor— em ployee relations.
Work shifts, tours of duty, and leave.
Grievance procedures.
Promotion procedures.
Safety.
Training.
Employee organization— m anagem ent cooperation, im plem entation o f policies relative to rates
wage surveys, and other matters consistent with the merit system principles.
Parking control.
Employee services.

The parties recognize that negotiations are not appropriate and m ay not take place with respect to any
matter not within the administrative authority of the hospital director, or which extends to such areas
of discretion and policy such as the mission of the station, its budget, organization, assignment o f
personnel, or the technology o f performing work.
The above restriction is not construed as precluding
discussion o f these matters when m utually advantageous to the parties.
(4)

All agreements contained a recognition clause which by means of in­
clusions or exclusions defined the categories of employees covered by the agree­
ment. As required by section 6(b) of the order, the clause frequently also im ­
posed an obligation on the union to represent all employees in the unit regardless
of union membership or other factors.
Two examples follow:
This agreement is applicable to all civilian employees of the unit which consists of:
a.

b.

Department of Graphic Arts andDistribution.
1.
Quality Analysis Division.
2.
Reproduction Division.
3.
Techniques and Testing Division.
Department o f Cartography, Manuscript Production Division.
1.
Special Drawings Branch.
2.
Manuscripts Engraving Branch,

Excluded from the unit for purposes o f recognition and representation are m anagem ent officials, profes­
sional em ployees, supervisors, and employees engaged in personnel work in other than a purely clerical
capacity.
(5)




11

The employer recognizes that the council is the exclusive representative o f all em ployees in the
unit . . . , and the council recognizes its responsibilities o f representing the interests o f all such em ­
ployees (without discrimination and without regard to em ployee organization m em bership) . . .

The unit to which the agreement is applicable is composed o f all eligib le em ployees in the ungraded
unit.
This includes all general wage service em ployees including ungraded inspection service e m ­
ployees, planners and estimators, progressmen, ship schedulers, ship surveyors, and shop planners.
Excluded are patternmakers and their apprentices.
(6)

Various other requirements of the Executive order (and other Federal
laws and regulations) were incorporated in a large number of agreements, dealing,
in the main, with the right of employees to join or not to join unions, discrimina­
tion because of race, national origin, creed and color, and no-strike bans.
Employees have the right to organize or join or refrain from joining em ployee organizations and to
designate representatives for the purpose o f consulting and negotiating with m anagem ent and in proc­
essing individual grievances.
In the exercise o f this right, em ployees and em ployees' representatives
shall be free from any and all restraint, interference, coercion, and discrimination. Employee orga­
nization membership shall not be encouraged or discouraged by any supervisor or m anagem ent o fficia l
o f the installation . . .
(7)

Section 1.
No em ployee in the unit, or no one seeking em ploym ent in the unit shall be required as
a condition of em ploym ent, transfer, promotion, reassignment, or retention, to join or refrain from
joining, any labor organization.
Section 2.
Employees of the unit shall have, and shall be protected in the exercise o f the right,
freely and without fear o f penalty or reprisal, to form , join , and/or assist any em ployee organization
or to refrain from any such activity.
Section 3 .
The employer shall take such action, consistent with law , as m ay be required in order
to assure that employees in the unit are appraised o f the rights described in section 1, and to ensure
that no interference, restraint, coercion or discrimination is practiced within this activity to encourage
or discourage membership in any em ployee organization.
Section 4.
The union agrees to accept employees as members upon the same basis as all other ap­
plicants without discrimination as to race, color, creed, or national origin.
(8)

The council and the em ployer affirm their joint opposition to any discriminatory practices in con­
nection with em ploym ent, promotion or training, believing that the public interest requires the full
utilization o f em ployees' skills and abilities without regard to considerations of race, creed, color,
or national origin.
(9)

>
)
<
The AFGE Lodge 2250 recognizes that it does not have the right:

a.
To strike against the Government o f the United States or any agency thereof, or to assist or
participate in any such strike, or impose a duty or obligation to conduct, assist or participate in any
such strike, or;
b.
To advocate the overthrow o f the constitutional form o f government in the United States, or;
c.
To discriminate with regard to the terms or conditions o f membership because o f race, color,
creed,

or national origin.

(4)

More than 90 percent of the agreements specified a term of 1 year,
subject to automatic renewal for an equal period at the anniversary date.
Most
of the remaining agreements were for a 2-year term. Notice to terminate was
784-562 0

-

65-3




12

usually required. Four out of five agreements could be reopened at any time to
negotiate changes and supplements, if the parties so agreed.
This general agreement shall be in full force and effect for 1 year from the effective date hereof and
from year to year thereafter unless either party shall give to the other party written notice o f intention
to terminate this agreement in its entirety no less than 6 0 days prior to its anniversary date, provided
that, after such notice has been given, the parties m ay by agreement extend the contract for any
agreed upon period beyond the term ination date.
A t any tim e in the life o f this general agreement, either party m ay give the other party written notice
o f its desire to effect changes and revisions herein through joint conference. However, no changes in
the agreement m ay be put into effect without the written concurrence o f both parties.
(10)

>>>
\ ,< !
t ' <
The agreement w ill be subject to renegotiation biannually and any proposed changes must be announced
in writing not less than 60 days prior to the renegotiation date.
Such notice must be acknowledged
by the other party within 10 days o f receipt and a joint conference held within 30 days on the subject
o f such notice.
If either party finds its interest adversely affected by any provision o f this agreem ent, or finds through
experience the necessity o f adding further provisions, it shall serve notice o f intent to negotiate an
am endm ent, or to supplement the existing agreem ent.
Within 6 0 days o f such notice both parties
shall m eet for such purpose . . . Any such amendments or supplements w ill be subject to review on
the same date as the basic agreem ent.
(11)

In about two-thirds of the agreements, the duration clause included
a statement of termination should the union no longer qualify for exclusive
representation.
The agreement w ill also be term inated:
(a) By mutual consent o f the parties;
(b) A t any tim e it is determined the union is no longer entitled to exclusive recognition under
Executive Order 109 8 8 .
(12)

* > >
:< ;<
This basic agreement and all supplemental agreements hereto shall terminate in the event exclusive
recognition is withdrawn from the A m erican Federation o f Government Em ployees, Lodge No. 4 9 0 . (13)

A number of agreements negotiated by the Army and the Department of
Agriculture differed from the above in that they specified the proportion of em ­
ployees necessary for a new election or the number the union had to enroll to
qualify for continued recognition:
After the first year, the union's status as exclusive representative m ay be challenged upon a showing
that at least 30 percent o f the em ployees o f the Arm y Pictorial Center desire a new determination,
provided that where a negotiated agreement is in force challenges m ay be m ade during the 60 days
im m ediately preceding the expiration o f such agreem ent.
(14)

'!< > *
!«
R ecognition m ay be term inated on any anniversary date o f recognition follow ing a finding that the
Federal T obacco Inspectors Mutual Association has less than 51 percent membership in the unit
involved.
(15)

In about 30 percent of the agreements, the various clauses of the type
cited and brief references to joint meetings and union activities comprised the
entire or virtually the entire agreement (although not necessarily the agreements
identified above). Such arrangements were relatively more frequent in bargain­
ing units for classified act than for wage board employees, covering agencies
and unions unaccustomed to negotiating activities.
They thus essentially rep­
resent a desire to embody exclusive recognition rights into a written agreement.




13

A variety of substantive provisions have been written into Federal agreements,
as shown in an analysis of the remaining 70 percent of the contracts, which are
described in subsequent sections, although some of these clauses reflect existing
regulations of the agencies.
Hours of Work and Overtime
The provisions described in this section deal with hours of work, over­
time, shift changes, unforeseen dismissals, and holidays.
They were found,
generally, in contracts applying to wage board employees, with a particularly
heavy incidence in various Department of Defense agreements. This is not sur­
prising since work schedules are more likely to vary in industrial activities than
in offices.
Daily and Weekly Hours. Work schedules appeared in more than 30 per­
cent of the 208 contracts and, as a rule, were set forth in general terms, as
the following illustrations indicate:
The basic workweek w ill consist o f five 8-hour days, normally Monday through Friday except for em ­
ployees who are assigned other basic workweeks deem ed necessary by the employer to carry out the
mission o f the activity . . .
(16)

*
The normal basic tour o f duty for this installation w ill consist o f 5 consecutive 8 - hour days, 0 8 0 0 to
163 0 horn’s, Monday through Friday, less 30 minutes for lunch period each day.
A period o f 7 con­
secutive days beginning at 0001 hours on Sunday and ending at 240 0 hours the follow ing Saturday con­
stitutes an administrative workweek.
Tours o f duty w ill
em ployees.

cover

a m inim um

o f 40

hours per administrative workweek for all fu ll-tim e

Wherever possible the basic 40-hour workweek w ill be scheduled over 5 days, Monday through Friday
so that the 2 days outside the basic workweek w ill be consecutive. As a m inim um , 1 regular day
off— preferably Sunday— w ill be provided.
(17)

Virtually all of the agreements which specified work schedules also in*
corporated overtime provisions. In addition to stipulating the premium rate for
work, the clauses frequently also set forth the reasons for which an employee
could refuse overtime work and the order in which assignments were to be made.
Overtim e pay for graded and ungraded em ployees shall be com puted in accordance with applicable
regulations.
It is understood that each em ployee who is assigned to necessary overtim e work should consider such
assignment as paramount to his personal convenience.
Overtim e work assignments shall be distributed as fairly as practicable am ong qualified em ployees.
It is agreed and understood that the assignment of overtim e work is a function o f m anagem ent.
In assigning overtim e work, the employer w ill normally take into consideration em p loyee's skill,
ab ility, attendance record, and the expressed desires o f employees to the extent practicable.
Super­
visors shall not assign overtim e work to em ployees as a reward or penalty, but solely in accordance
with the em ployer's needs.
Employees assigned to overtim e work w ill be given

as much advance notice o f such assignment as

possible.
Necessary pertinent information concerning overtim e hours worked w ill be provided to employees
and/or council stewards to aid in resolving specific complaints concerning overtim e distribution.
(9)




* * *

14

Overtime assignments shall be distributed fairly and equally to all em ployees in the particular job
rating in the assigned branch.
Upon approval o f this agreem ent, seniority (service computation date)
lists w ill be established; these lists shall constitute rosters for the purpose o f overtim e assignment, and
the most senior on the list shall be the first to be offered overtim e duty. He m ay refuse overtim e
provided he goes to the bottom o f the list. The most junior on the list w ill be the first for involuntary
selection if all employees in the particular job rating inthe assigned branch refuse overtim e assignment.
Overtime assignments m ay be reviewed on request o f the union on a m onthly basis.
If any in­
equalities are discovered, the employer w ill attempt to correct them during the ensuing month.
Pay for overtim e work shall be in accordance with applicable laws and regulations.
It normally w ill
be one and o n e -h a lf tim es the basic pay for all hours worked over 8 in any day and 40 in any basic
workweek.
In situations o f national emergency and act o f
such duties as m ay be required regardless of
m ay refuse to work overtim e for valid reasons
he goes to the bottom o f the list for overtim e

God, all em ployees are expected to work and perform
tim e or the provisions o f this agreement.
An em ployee
such as sickness and fam ily com m itm ents, provided that
consideration, and that the national interests are m et.

Classification A c t em ployees grade 9 and below and wage board em ployees m ay not be required to
take compensatory tim e for overtim e worked.
(18)
>
!<

><
\

No em ployee shall be laid o ff during any regular shift hours in his basic workweek in order to com ­
pensate or offset overtim e hours worked outside o f his regular shift or basic workweek.
Employees who are required to work overtim e in excess o f 4 hours in their work shift shall be given
a lunch period in accordance with applicable rules and regulations.
A ll hours o f work in excess o f the 8 hours in the em p loyee's regular work shift or in excess o f the
4 0 hours in his basic workweek shall be paid for at not less than tim e and o n e -h a lf the em ployee's
hourly rate.
Employees requested to work 2 or 3 continuous shifts within a 24-hour period w ill be paid
at the overtim e rate for all tim e in excess o f 8 hours.
(19)

A few agreements granted overtime compensation for work performed on
Saturday, Sunday (or the 6th and 7th day of the workweek), and for work outside
of regularly scheduled hours:
A ll hours o f work performed on Saturday or Sunday (or days corresponding to Saturday and Sunday) . . .
shall be paid for at the appropriate overtim e rate.
(20)
*

*

*

Overtim e shall be paid for work performed in excess o f 8 hours per day, for work performed after
1700 and before 0 8 0 0 , Monday through Friday, and for work performed on Saturdays, Sundays, and
holidays.
(21)

. . .
It is further understood that if an em ployee is directed by the em ployer to report at a desig­
nated location at a specified tim e prior to the scheduled start o f his shift, such tim e w ill be con­
sidered compensable in accordance with applicable pay regulations.
(9)

About 15 percent of the agreements provided for "callback pay" guar­
antees, which apply when management requests employees to report outside of
regularly scheduled hours, or on an offday, or after they have completed their
regular day’ s work and have left the place of employment.
Callbacks were to
be paid for at premium rates, usually for a minimum of 2 hours.
Any em ployee who is "c a lle d b a c k " to perform unscheduled overtim e work either on a regular work­
day after he has com pleted his regular schedule o f work and left the bureau or on a day outside his
basic workweek, w ill be paid a m inim um o f 2 hours of pay at the overtim e rate even if his services
cannot be utilized after he reports to work.
(22)




» > *
!« ;«

15

Employees called in on em ergencies occurring outside their regular work hours shall be granted 2 hours
m inim um pay at the applicable established overtim e rate.
(23)
*

*

>
!<

W hen watches are broken and licensed engine officers are called back or called out between 1700 and
0 8 0 0 , Monday through Friday, for the purpose of taking on fuel, shifting ship, or making repairs,
they shall be paid a m inim um of 2 hours overtim e for each c all.
If they are called back or called
out to perform such work at any tim e on Saturdays, Sundays, and holidays they shall be paid a m in i­
m um of 4 hours overtim e for each c a ll.
The m inim um allowances in this provision shall not apply
when the ship performs lighterage, towage, or shuttle service within the harbor lim its of a port . . . (21)

In a few agreements, the amount of the minimum guarantee differed,
depending on whether the employee was called back during or outside his regu­
lar workweek.
If necessary to utilize an em ployee outside of his basic workweek the employer agrees to schedule at
least 4 hours of work for which the em ployee w ill receive pay at the applicable overtim e rate.
A n em ployee w ill be paid a m inim um o f 2 hours' pay at the applicable overtim e rate if he is called
back on unscheduled overtime work within his basic workweek.
(24)

Approximately the same proportion of agreements assured employees a
full day's pay if, after reporting to work, they were dismissed for reasons be­
yond their control, such as power or machinery breakdowns, fire, inclement
weather, or other emergencies.
The term "administrative leave" means leave
paid for by the employer and not charged to the employee.
In the granting of administrative excused leave because of inclem ent weather, breakdown of equipment
or other administrative reasons, all employees affected who are scheduled to work or who report for
work and whose services are not specifically required during such situations shall be given administrative
excused leave for that portion of the work shift for which excused.
(20)
*

*

*

W hen an em ployee in a duty status is relieved from duty by the employer during his regular shift hours
for reasons other than misconduct or physical inability to perform his duties, such as interruption or
suspension of operations, inclem ent weather, breakdown of equipment, or other emergencies or Acts of
God, he shall be excused for the balance of the workday without loss of pay or charge to le a v e , unless
assigned by the employer to other work.
(25)
*

>
!'

*

W hen administrative excused leave is granted due to inclem ent weather or other natural phenomena,
all e ligib le em ployees shall be entitled to be excused for the period of tim e authorized, except for
those em ployees as designated by the unit head to which the early dismissal and off duty closing
provisions do not apply.
(24)

In the provision cited below, employees were assured 4 hours1 pay (or
work) for reporting on schedule, but 8 hours* pay if they worked more than
4 hours.
W hen an em ployee is relieved from duty by the employer during the first 4 hours of his regularly
scheduled 8-hour day, due to unscheduled interruption or suspension of operations, he shall be carried
on administrative leave for the balance of the 4 hours unless he is in the category such as temporary
em ployees not eligib le for administrative leave per CPR. If the em ployee is relieved by the em ployer,
due to interruption or suspension of operations, after having been on duty more than 4 hours in his work­
day, he shall be carried on administrative leave for the balance of the shift unless not e lig ib le .
(26)

Although management retained the right to change scheduled working
hours, about one-fourth of the agreements required notice to, or consultation
with, the union before such changes were made. Where a specific notice period
was indicated, it ranged from 90 days to 24 hours, although most required




16

3 days. In some cases, a schedule once established had to remain in effect for
a designated period. Mention was frequently made that notice requirements were
not to apply in emergency situations.
Virtually all of the notice provisions were in contracts for employees
in wage board or mixed units, predominantly in Navy installations.
Hours of work for each regular work shift are promulgated by the employer and any changes thereto
w ill be discussed in advance with the council.
(27)
*

*

Pursuant to NCPI /TRavy C ivilian Personnel Instruction^ 610, em p loyees'w ork schedules shall be m ain­
tained as stable as practicable and employees w ill be given advance notice of change in their work
schedules in order that they m ay make such advance plans for use of their nonworktime as they m ay
desire.
(28)
*

*

*

Whenever a change in the workdays or workweeks currently in effect is contem plated involving a
m ajority o f the em ployees in an affected area of work, the employer agrees that he w ill consult with
the employees concerned and the em ployee organization, prior to making such change.
If a change
is m ade, except in em ergencies, 3 days' advance notice w ill be given the affected em ployees. (29)
*

*

*

W hen a tw o-shift operation is scheduled, at least 48 hours notice (unless em ergency conditions exist
necessitating deviation) w ill be given to the affected em ployee . . .
No second or third shift w ill normally be established for any period of less than 2 full weeks unless
em ergency conditions exist necessitating deviation.
(30)

Under the terms of a few agreements, failure to observe the notice pe­
riod permitted the employee to claim work on two shifts, as follows:
Changes in work schedules shall be posted 96 hours in advance.
If an em p loyee's schedule is changed
so that he is required to begin work on a revised schedule with less than 96 hours' notice in advance
of the new starting tim e , the em ployee m ay claim the right to work both the previously scheduled
shift and the revised scheduled shift on his first rescheduled duty day only.
If any part o f these
shifts runs concurrently, he w ill be paid for one shift only during the concurrent period. "Jacking"
schedules w ill not be permitted to avoid payment of overtim e.
(31)

A relatively small number of Federal activities require second or third
shift operations, and hence compensation for such work was found in only 25
agreements.
About half (13) were in Navy installations, and the remainder in
other agencies. The amount of the shift differential was rarely specified; rather,
it was to be determined by area wage surveys (see p. 28, ff. ).
A ll em ployees working during the hours of the second and third shift shall receive a premium which
is determined in accordance with the A rm y -A ir Force W age Board Schedule and C iv il Service policy
and procedures for shift differentials.
(26)
*

*

#

A ll em ployees working on second and third shift assignments shall receive the applicable shift d if­
ferential determined in accordance with NCPI 6 1 0 . 5 - 2 .
(24)
*

ae *
f
l

Employees regularly assigned to a second or third shift w ill receive the applicable shift differential,
as determined by the agency's pay policies and procedures.
The currently authorized differential
applicable to both such shifts is 10 percent of the appropriate basic hourly rate.
(25)




*

e

17

Employees subject to this agreement who are assigned to regular scheduled tour o f duty at night
shall be paid a differential of $ 0 .1 2 additional per hour for work on shift number 1 (12 midnight
to 8 a. m . ) and a differential of $ 0 . 08 additional per hour for work on shift number 3 (4 p. m . to
12 m idnight).
(32)

Holiday Pay. One in every five agreements contained references to
holidays or work on holidays.
Frequently, the clause simply affirmed existing
policies regarding observances and pay practices.
It is further agreed that legal national holidays w ill normally be observed as provided by law and
pay for service, if required, w ill be consistent with law and existing regulations.
(33)
*
Eligible em ployees shall be entitled to
regulation and Air Force policy.

*

observe

*
all

holidays

in accordance with applicable law,

Holidays falling on an em ployee's nonworkday w ill be observed on the preceding or succeeding day,
as prescribed by current regulations.
Eligible em ployees shall receive the same rate of pay for not working on holidays as for other days
during which an ordinary day's work is performed.
Employees working on a holiday shall be paid
overtim e, holiday pay, and shift differential in accordance with applicable regulations.
The employer agrees that em ployees shall not be required to perform work on days designated as
holidays by statute or Executive order except when operating needs require.
(34)

A number of Army and Navy agreements specified different rates of pay
for work on holidays falling during or outside an employee's workweek.
W hen no work is performed on the holiday, an em ployee w ill receive his regular rate of pay in
effect for that day. If the holiday falls within the regularly scheduled workweek and work is per­
form ed, he w ill be paid holiday premium pay.
H oliday prem ium pay is tw ice the regular basic
rate and is applied in lieu of regular basic compensation for the hours worked. If the work is per­
form ed on a holiday, but outside the regularly scheduled 40-hour tour of duty, compensation w ill
be at standard overtim e rates.
(35)

In two other agreements, an employee forfeited holiday pay—
. . . if he fails to report for work on the holiday when ordered to do so unless the absence is e x ­
cused on the basis of warranted circumstances.
(36)

Working Conditions
The subjects discussed under this heading cover rest periods, washup
and/or cleanup time, and provisions for work clothing or protective equipment.
A variety of other working conditions, such as safety matters, training, con­
tracting out, and so on are described separately.
Rest Periods. Provisions for rest periods were found in only nine agree­
ments, five of which were negotiated by the Army.
All agreements applied to
either mixed units or to wage board employees.
The clauses, as a rule, specified the number and scheduling of rest
periods and their duration (10—15 minutes). A few also referred to the revocation
of such privileges in case of abuse.
Each em ployee is entitled to a 15-minute rest period during the first and during the second half of
his work shift.
(30)




*

*

18

Each em ployee shall normally be granted a 10-m inute rest period during each 4 hours of continuous
duty. Rest periods m ay not under any circumstances be continuations of the lunch period, and they
m ay not be granted im m ediately after the beginning of the workday or im m ed iately prior to quitting
tim e— nor shall they be accum ulated.
(1)
*

*

*

F u ll-tim e em ployees normally m ay be given a 10-m inute rest period during each on e-h a lf work shift
of each day.
Supervisors w ill make every effort to plan work so as to permit such rest periods.
Employees who are unable to take a rest break due to work conditions or by personal choice m ay not
lengthen lunch periods, other rest periods, start work later, or end a tour of duty earlier due to having
missed a rest period.
Any em ployee or group of em ployees who abuse the rest period p olicy m ay lose the privilege.

(37)

Washup and/or Cleanup Provisions.
Provisions dealing with washup
and/or cleanup time and related preparatory activities before lunch or the end
of the workday were found in 37 agreements for six Federal agencies, but Z out
of 3 covered naval facilities. With one exception, the employees were in mixed
or wage board units.
While some agreements referred to only one of the allowances, several
may have been intended to apply to both. The time allowed was frequently ex­
pressed as "reasonable” or "adequate. "
Adequate tim e, as determined by the em ployer, w ill be provided to em ployees as a part of their
work assignments, where necessary, to enable them , for personal hygiene, to rem ove toxic or hazardous
substances and/or to draw, turn in or put away tools, Government property and equipment in their
possession.
(38)
sje

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>|c

The employer w ill allow em ployees reasonable cleanup tim e prior to the end of each shift for the
purpose of returning tools, cleaning up work areas and m achinery, and personal hygiene. (29)
*

*

*

It is agreed by the employer that reasonable tim e prior to the lunch period and at the end of the
workday w ill be permitted for cleanup purposes.
No em ployee w ill be required to rem ain beyond
the end of the workday for this purpose.
Reasonable tim e cannot be sp ecifically defined to m eet
all situations, but w ill be set by the supervisor as the needs of the situation demands.
(39)

Special Clothing. Provisions for special clothing and/or equipment to
be furnished by the employer were included in 10 agreements. Two agreements
referred to maintenance and were not clear as to who was to provide the items
designated.
The em ployer agrees to bear the full expense for all special clothing and/or equipment that e m ­
ployees m ay be required to use in connection with their assigned work. It is understood that safety
shoes must be obtained at the em p loyee’ s expense.
(9)
*

It is m utually understood that em ployees who normally work outside and those who ordinarily handle
m aterial which could cause hand injuries are expected to dress appropriately for their jobs. However,
in the interest of safety and to provide for unusual circumstances, the employer w ill m aintain six rain
suits in the m aterial department, six rain suits in the fuel department, and a pool of work gloves.
These articles w ill be issued to em ployees on a temporary basis in exchange for signed receipts.
(40)

>!« sjc s]c
Except for cooks’ caps, chef hats, aprons, jackets, and white fly-fron t trousers for steward's personnel
and arm bands for watchm en, MSTS w ill not launder, dryclean, or otherwise m aintain any items of
uniform clothing.
(41)




19

Work by Supervisors
Under the terms of 19 agreements, supervisors were prohibited from
doing work normally performed by members of the bargaining unit, except in
emergency situations and under other specified circumstances. In a few instances,
this ban also encompassed military personnel and employees outside of the bar­
gaining unit.
Clauses of this type were in effect in agreements negotiated by three
agencies, with Navy accounting for 13.
The employer agrees that, as a matter of general practice, supervisors (leadingm en and above) shall
not be assigned to perform the duties as outlined in jo b descriptions of unit em ployees except when
instructing or training em ployees, or in cases of emergencies, or when unforeseen production or
schedule difficulties dictate such assignments.
(42)
*

> >
;< ;<

Section 1.
Supervisory em ployees shall be permitted to perform work on any job covered
agreement but only in the following types of situations:

by this

(a) In emergencies when regular em ployees are not im m ed iately availab le.
(b) In instruction and training of em ployees.
(c) In the performance of work in a skill le v e l that is not im m ed iately obtainable from among
the regular em ployees.
(d) In the performance of necessary work when production difficulties are encountered on the jo b .
Section 2.
Provisions of section 1 of this provision shall not allow in any way a supervisor or e m ­
ployee not covered by this agreement to deprive an em ployee covered by this agreement of his or her
em ploym ent or prevent an em ployee from working overtim e.
(43)
-!< *

'!<

The employer agrees that work regularly and historically assigned to and performed by bargaining unit
em ployees covered by this agreem ent, w ill not be assigned to m ilitary personnel or to public works
center employees excluded from the bargaining unit.
(16)

Subcontracting
Provisions for contracting out of work, included in nine wage board and
mixed unit agreements, required notice to or consultation with the union before
such actions were taken.
It is agreed and understood that when the work regularly and historically assigned to and performed
by em ployees under this agreement is assigned to another agency or to private employers or m ilitary
personnel, the employer w ill make every effort to give as much advance notice as possible to affected
em ployees and to the union. . . .
(34)

In most cases, however, notice was only required where contracting out
of work would displace workers in the bargaining unit.
Whenever the em ployer proposes to contract out work normally performed by em ployees of the station
to the extent that such contracting out of work m ay result in a reduction or realignment of personnel,
the union w ill be advised.

(44)
>
!<

Employer agrees to notify the union in advance of all contracting actions which have a tendency
to displace career em ployees.
Employer further agrees to m inim ize displacem ent action through
realignm ent, retraining, restricting in-hires, and to exert any other action necessary to retain career
em ployees.
784-562 0

-

65-4




(17)

20

Other agreements placed a restriction on the employer in that work could
only be farmed out if it was more economical to do so, or if it could not be done
locally. In such cases, presumably, the union could ask the employer to justify
his actions. Also, the parties agreed to discuss previous subcontracts, perhaps to
see if in the future such work could be assigned to workers in the bargaining unit.
It w ill be the policy of the employer that work norm ally performed by em ployees in the unit w ill not
be contracted out unless beyond the capacity or capability of the unit em ployees to perform or if
econom ic considerations dictate that such work be performed outside the unit. The employer agrees
that, upon request, he w ill consult with the union concerning work that has been previously performed
outside the unit.
(45)

Safety Matters
Safety provisions were, at times, expressed in general policy statements,
pledging the parties to comply with all safety regulations, but more frequently
the agreement called for the establishment of a joint safety committee. In some
contracts, the union was to be notified of all accidents.
Regulations to govern
work under hazardous conditions were specifically dealt with in several agree­
ments. The various safety provisions were found in about one-third of the con­
tracts studied, virtually all for employees in wage board or mixed units.

Policy Statements. In about 5 percent of the agreements, all but one
of the group covering employees engaged in printing or other reproduction op­
erations, the only reference to safety matters was usually a general statement
pledging compliance with pertinent laws and regulations.
The com m ission w ill endeavor to com ply with applicable laws and regulations relating to the safety
and health of em ployees and w ill take additional steps as m ay be necessary to make adequate pro­
visions therefor.
Employees shall com ply with the safety rules of the
*

*

com m ission.

(46)

>
!<

The board w ill take appropriate steps to provide a safe and healthful working environment and w ill
pay the cost of such m edical examinations as m ay be required by it. Employees w ill com ply with all
safety rules and regulations.
(47)
*

» *
!<

The employer w ill make every reasonable effort to provide and maintain safe working conditions and
to com ply with applicable Federal, State, and lo ca l laws and regulations relating to the safety and
health of em ployees. Each supervisor w ill take prompt and appropriate action to correct any unsafe
condition or action which is reported to or observed by him .
The union recognizes that observing safe work practices and wearing prescribed protective equipment is
primarily the responsibility of each em ployee. So that safe working conditions m ay be m aintained,
the union agrees to encourage all em ployees to observe safe work practices and wear protective equip­
ment prescribed by the employer while performing assignments, and to promptly correct or report to
the appropriate supervisor any unsafe conditions or acts.
(48)

Safety Committee< About 3 out of 10 agreements either established a
,
joint safety committee, permitted employee representation on existing safety com­
mittees, or provided for other types of labor-management meetings at which
safety problems would be discussed. Three-fourths of these provisions were in
agreements negotiated by Department of Defense agencies.




21

Employee representation was determined in 1 of Z ways: (1) The em­
ployer designated a specified number of employees selected by the union, or
(2) the designation was the sole responsibility of the union.
The com m anding officer's A ccident Prevention Advisory Board shall have one member appointed by
the employer from among members of the unit.
The union w ill submit to the employer for his
consideration the names of three employees recom m ended for appointment to the board. The e m ­
ployer agrees to accept one o f these names for appointment.
The com m ittee shall m eet during
regular day shift hours with no loss of pay or leave to the com m ittee m em ber appointed from the
unit.
(8)
*

*

*

The National C apital R egional O ffice and Local 1632 agree to form a joint com m ittee which shall
be known as the Painters Safety C om m ittee with a membership of four members, two to be appointed
by Local 1632 and two by the National C apital R egional O ffic e.
This com m ittee shall m eet
monthly or as often as m ay be decided by the com m ittee for the purpose of promoting m axim um
efficiency with safety.
(49)

Other clauses permitted the union to have representation on existing safety
bodies or provided for consultations with designated management representatives.
The agency and the em ployee organization agree that one m em ber of the em ployee organization to be
chosen by the em ployee organization w ill be an active member of the Installation Safety C ouncil. (50)
*

*

*

The council m ay designate an em ployee in the unit to serve as the council's representative on the
Supervisors' Safety C o m m ittee, and on the Steering C om m ittee which develops the agenda for its
m eetings.
(9)

*

*

*

The employer agrees that the council m ay designate an em ployee representative to m eet with the
safety officer without loss of pay or leave at scheduled intervals to consider safety problems and to
make recom mendations to the employer.
(20)

Many of th^ agreements stipulated that safety meetings would be held
during regular working hours and/or that employees attending such meetings
would suffer no loss of pay or leave.
. . . The com m ittee shall m eet monthly to consider safety problems and to made recommendations
to the chief, aircraft services base.
Meetings shall be held without loss of pay or charges to leave
of com m ittee m em bers.
(51)

A few agreements set a time limit for employee representatives serving
on safety committees.
The union m ay have representation on the follow ing com m ittees:
a.
b.

Shop safety com m ittees— one m em ber on each.
Safety policy com m ittee— one m em ber.

.

.

.

For each union membership on the above boards and com m ittees, the union shall furnish the names
of at least three em ployees, one of whom w ill be selected by the employer to serve one term .
No
union representative shall serve on the sam e board or com m ittee for more than one consecutive
term .

(44)

Only a few agreements touched on the operations and procedures of
committees.
In matters dealing with safety, fire prevention, and c ivil defense, the union shall be given repre­
sentation on a com m ittee organized for the purpose of safeguarding the em ployees' interest in these
areas.
The chairman of this com m ittee shall be appointed by the safety officer.
The com m ittee
should m eet at least once a month and submit a written report over the signature of the chairman
to the chief of the Payment Center, with a copy to the president of the union.
(52)




*

*

*

22

The corporation w ill be responsible for the creation of a safety com m ittee who shall hear complaints
with respect to safety problems and maintain an active interest in all aspects of safety, the reduction
of accidents and the elim ination of safety hazards. The safety com m ittee w ill comprise the assistant
administrative officer, who shall be chairman, one representative from the Operations, M aintenance,
and Marine Divisions respectively, and a representative from the union. The com m ittee m ay make
reports and recom mendations, as it sees fit, to the administrative officer on any matter of which it
m ay take cognizance.
(31)

Accident Reports. A small number of agreements, about 10 percent,
required notification to the union of accidents which involved members of the bar­
gaining unit. In a few cases, the union had the right to request copies of accident
reports. All except two of the agreements with such clauses covered employees
in Navy and Army facilities.
The safety office w ill notify a designated m em ber of the council of accidents involving serious injury
as soon as the extent of the injury is known.
In addition, a copy of injury report Navexos 110
/E x e cu tive O ffice of the Secretary of the N a v y /, available quarterly, w ill be forwarded to the
council.
(24)
afle

aje

%

The safety officer w ill furnish the union a copy of the monthly summary of accident experience.
'!<

A copy of accident reports involving
officials upon request.
(31)

>!<

(26)

*

em ployees who

are union members

shall be furnished union

Work Under Hazardous Conditions. A number of the foregoing agreements
extended the scope of the safety clause by stipulating that employees would not be
required to work under conditions detrimental to their health and safety.
No em ployee shall be required to perform repair work, on or about m oving or operating machines;
nor shall any em ployee be required to work in areas where conditions exist detrimental to health
without the proper personnel protective equipment and other proper safety devices.
(20)
*

> *
;<

No em ployee shall be required to work in areas where unsafe conditions exist. Safety officers des­
ignated by the FAA shall decide whether or not unsafe conditions exist. Nothing in this section shall
be applied or interpreted so as to require a condition, activity, or area to be declared unsafe based
upon the personal state of health or disabilities of an individual em p loyee.
(51)

A few agreements provided for an adequate number of workmen in certain
areas or jobs:
Whenever a plate printer has to work alone in a plate printing section,
must be in the room at all tim es.

a second bureau em ployee

(22)
Sj<

*

No em ployee shall be required to work in tanks, mud drums, steam drums, or sim ilar closed spaces
without a standby co-w orker at access to the area to insure that access is not closed and that the
man working in such spaces can have help if required.
(38)

Disabled Employees. Two agreements referred to the placement of handi­
capped employees. Both noted that in these cases retraining may be necessary.
The coordinator for em ploym ent of the handicapped shall maintain a continuing program for p la ce ­
m ent of handicapped em ployees who can perform needed work within their capacity, and who cannot
be utilized in their parent shops or departments. It is recognized that in some cases of this type a
brief period of job indoctrination m ay be required.
(9)




23

Leave Policies
Although leave policies are
regulations, more than one-fourth of
with various aspects of annual leave
ments, and about one-fifth contained

set forth in considerable detail in Federal
the agreements included provisions dealing
(vacations), primarily scheduling arrange­
rules governing sick leave.

Annual Leave. A few agreements stressed the desirability of a vacation
period each year and urged employees to avail themselves of this right.
Liberal leave provisions have been m ade for all Federal em ployees.
The purpose of annual leave
(vacation tim e) is to insure that all em ployees have an opportunity to rest and relax.
Therefore,
it is agency policy that all em ployees w ill be encouraged to use 2 consecutive weeks for vacation
purposes each year . . .
(37)

Most agreements, however, focused on resolving various scheduling
problems, particularly the following: Requesting of leave, establishing of sched­
ules, resolving conflicts in dates, and scheduling of leave to meet work or emer­
gency requirements.
Earned annual leave shall be granted to every em ployee for the period requested by the em ployee
except under written certification by said em ployee's im m ediate supervisor that annual leave by such
em ployee for the period requested would result in serious impairment to the district o ffic e 's function,
setting forth the reasons thereof.
The notice to the em ployee shall state the next nearest tim e in
which said em ployee m ay take the requested leave without serious impairment of office function.
Where practical, every em ployee shall request annual leave o f more than 2 days at least 2 weeks
in advance o f the anticipated leave period and when the anticipated leave period shall be for more
than 5 working days, when practical, the request shall be submitted 30 days in advance of the re­
quested leave.
When practical, leave w ill be approved or disapproved within 48 hours o f the
request.

(53)
'!<

'!'

*

The employer w ill schedule annual leave for vacation purposes for each eligible em ployee for the
year.
The em ployee w ill make every effort to adhere to the schedule.
In establishing a leave
schedule the employer w ill consult with each em p loyee. Full consideration w ill be given each e m ­
ployee's preferred vacation period. W hen it is necessary to restrict the number of employees granted
leave during a particular period, due consideration w ill be given to such factors as operating needs,
s k ills
a v a ila b ility ,
a n d
s e n io r ity ,
based on elapsed tim e since the em p loyee's return from le a v e .
Where all other factors are judged to be substantially equal, the em ployee with greatest seniority
w ill be given preference for the desired vacation period.
(34)
s $
fc

>
!<

Section 1.
Employees shall be given an opportunity to use a ll annual leave accrued during the year.
Approval of an em ployee's request for annual leave w ill be granted when he has given his supervisor
reasonable notice to permit arrangements to be made for the staffing necessary to m eet the work re ­
quirements of the operation. In the event the em p loyee's request is for a day or days for which more
requests have been received than can be approved consistent with the work requirements, approvals
w ill be granted on the basis of the earliest requests received.
Section 2.
The granting of summer and Christmas leave shall be determined by a drawing in each
plate printing section after em ployees in the unit have submitted in writing, their first and second
choice of dates that they desire, after appropriate period of tim e has elapsed since posting of notice.
Such drawings shall be conducted by supervisor and union representatives in each plate printing section.
Every reasonable effort w ill be made to adhere to leave scheduled in accordance with section 1 and
section 2.
If, however, the employer cannot avoid cancelling previously approved leave because of
the program needs of the bureau, the reasons for such actions w ill be explained to the affected e m ­
ployee or em ployees at the earliest possible tim e , and every effort w ill be made to reschedule leave
for such em ployees at another tim e most nearly suitable to their preference.




(22)

24

The following clause, in addition to covering various scheduling arrange­
ments in considerable detail, also discusses the treatment of employees without
vacation credits during a temporary plant shutdown.
When annual leave is requested in advance, approval w ill be based upon the needs o f the activity.
Employees are encouraged to schedule annual leave in advance which w ill m inim ize work interruption
by large numbers o f em ployees taking leave at the same tim e . . .
If for any reason the employer schedules a shutdown o f the Naval Air Station, . . . every effort
w ill be m ade to provide work for em ployees not having annual leave to their credit.
If work cannot
be provided to such em ployees, the employer agrees to advance annual leave to such em ployees holding
permanent status to cover the period o f shutdown operation not to exceed the amount o f leave the
em ployee would earn during the remainder o f the leave year.
As requested by individual em ployees, the em ployer agrees to schedule approved annual leave for
vacation purposes o f not less than 2 weeks' continuous duration on the basis o f seniority (based on
service computation date) and job ratings in each shop and/or office .
Only the first such 2 -w ee k
period o f annual leave taken by the em ployee during the current leave year w ill be granted on a
priority basis.
Seniority list shall be com piled for such purposes and each em ployee in the order
o f seniority shall select his vacation period o f not less than 2 weeks' duration. Once an em ployee
has m ade his selection, he shall not be perm itted to change his selection thereby disturbing the
choice o f another em ployee.
The em ployee's supervisor m ay approve a change in selection pro­
vided another em ployee's choice is not disturbed.
Priority for annual leave (for a 2 -w ee k period)
based on seniority w ill be recognized only when written request is submitted at least 6 0 calendar days
prior to the beginning of the leave. If for any reason the request cannot be granted, the em ployee
w ill be so notified at least 45 calendar days prior to effective date. Thereafter, the em ployer w ill
not cancel the leave except in emergency situations, and the em ployee w ill be required to take the
leave as scheduled unless m odification or cancellation is agreeable to the em ployer.
(20)

Safeguards against loss of leave were included in a few agreements.
Thus, leave was to be scheduled in such a way as to prevent forfeiture, or the
employee was to be notified of the amount credited to him.
Supervisors shall be responsible for scheduling and granting annual leave on an equitable basis with
due regard for the staffing needs o f the service and the w elfare o f em ployees.
Care shall be ex­
ercised to assure that no em ployee is required to forfeit any part o f his annual leav e.
(54)
*

*

*

Granting o f annual leave shall not be restricted to the extent that an em ployee forfeits earned leave
because o f the restrictions on the amount o f annual leave which m ay be carried forward to the next
leave year.
Employees shall be notified at least four tim es during the leave year the amount o f
leave that must be used to avoid forfeiting leav e.
(8)

Sick Leave. Clauses relating to sick leave were of two general types.
One, not very frequent, stated directly that agency and Civil Service Commission
regulations would be observed. More often, however, clauses dealt with several
of the following aspects of sick leave policy: Reporting of absences, situations
in which medical certification would or would not be required, advancement of
leave, as well as efforts to eliminate abuse of leave.
Permanent em ployees with regular tours o f duty shall earn sick leave in accordance with applicable
laws and regulations.

N otification o f absence on account o f sickness shall be given as soon as possible, usually within the
first hour o f the work shift.

Unused sick leave shall be accum ulated and available for future use in accordance with applicable
laws and regulations.
(33)




*

*

s
je

25
Employees shall earn sick leave in accordance with applicable Federal laws and regulations.
ment for sick leave taken shall be at the base rate of pay.

Pay­

Notification of absence on account of sickness shall be given as soon as possible on the first day of
absence. If such notification is not made such absence m ay be regarded as absence without leave and
charged to leave without pay. A n em ployee found to have abused the sick leave privilege, including
misrepresentation or falsification, shall be subject to disciplinary action.
Unused sick leave shall be accum ulated and available for future use in accordance with applicable
laws and regulations.
(55)
*

*

*

Employees shall earn sick leave in accordance with applicable statutes. Approval of sick leave shall
be granted to em ployees when they are incapacitated for the performance of their duties, and when
they have given notice within 2 hours after the start of the work shift, or later if a reasonable e x ­
cuse is given to their im m ediate supervisor or some one who is delegated to receive such a report.
Sick leave shall be approved in advance for visits to doctors, dentists, practitioners, opticians, and
for the purpose of securing diagnostic examinations and X -ra y s. A n appropriate certificate must be'
submitted to cover such absence approved in advance.
Employees shall not be required to furnish a d octors certificate to substantiate request for approval
of sick leave of 3 days continuous duration or less; except in cases where the em ployer has given
officia l written notice to an em ployee that he has an unsatisfactory sick leave record and must fur­
nish a doctor’ s certificate for each absence from work which is claim ed as sick le a v e .
The union recognizes the importance of sick leave and the obligation of the em p loyee, as w ell as
the advantage to him , to utilize it only when incapacitated for the performance of duty by sickness,
injury, or other valid reasons.
T he union, therefore, agrees to support the employer in efforts to
elim inate unwarranted or improper use of sick le a v e .
Employees who, because of illness, are released from duty, shall not be required to furnish a m edical
certificate to substantiate sick leave for the day released from duty.
Such release by the m edical
office shall constitute the equivalent of the required notice to the employer in the event the e m ­
ployee is unable to return to work on the follow ing day or days. A d octors certificate w ill be re ­
quired, however, for absence in excess of 3 full days in addition to the day on which the em ployee
was sent hom e.
Unearned sick leave shall be advanced to an em ployee with career or career-conditional status not
exceeding a total of 30 days on request for advancement of such unearned sick le av e ; provided,
there is reasonable reason to b elieve that the em ployee w ill return to work. Provided further, that
the em p loyee’ s annual leave w ill be prorated until all sick leave is repaid; that such advanced sick
leave approval m ay be lim ited to increments of 5 days; that certification w ill be provided by the
em ployee from his physician as to the nature and seriousness of the illness and the probable date of
return to duty, and that the absence from duty must be for a period of five or more consecutive
workdays. Advanced sick leave w ill not be granted when it is not warranted.
(22)

Civic Duties
Approximately 15 percent of the agreements contained clauses dealing
with jury duty and leave for voting, and slightly less than 5 percent discussed
charity drives among installation employees. As a rule, these agreements ap­
plied to workers in wage board units, frequently in Army and Navy installations.
Jury Duty. While all jury duty provisions made reference to present regu­
lations on this subject, a number went into considerable detail on such adminis­
trative matters as proof of service, compensation, and availability for work
assignments.
In the event an em ployee performs jury duty or is required by law to qualify for jury duty, he w ill
be paid his regular rate of pay for the tim e necessary for absence from this work, in accordance with
the applicable statutes and regulations, and provided further that all eligib ility and other requirements,
including disposition of court fees paid, have been fully com plied with by the em p loyee.
Service of an em ployee on jury duty .
on premium paydays.
(27)




.

.

w ill not preclude his consideration for assignment to work
*

*

*

26

In the event an em ployee is subpoenaed for jury duty or witness for the Federal Government, the e m ­
ployer w ill pay him at his basic rate for the tim e (not to exceed 8 hours per day) necessarily lost
from his normal work schedule for such purposes. The fee received by the em ployee w ill be delivered
to the disbursing officer. The em ployee w ill not be paid a fee for Federal jury service or as a Govern­
ment witness in Federal Court except periods of nonduty tim e .
If an em ployee is subpoenaed for jury or witness service, he shall promptly notify his supervisor in
order that arrangements m ay be m ade for his absence from the activity.
T he em ployee w ill present to the employer a signed jury service
evidence of the tim e served on such duties.
(26)

certification or other satisfactory

Voting Leave. Leave for registration and/or voting were similar in scope
to those cited below.
Employees scheduled to work on any election day who are eligib le to vote in such election shall be
granted tim e for voting in accordance with applicable regulations,
(35)
*

*

*

Excused absence w ill be given em ployees to vote in national, State, and lo c a l m unicipal elections
or referendums.
In this connection, an em ployee living within the normal com m uting distance of
3 5 -4 0 m iles w ill be given absence as necessary to vote, without charge to le a v e , which w ill per­
m it him to report for work 3 hours after the polls open or leave work 3 hours before the polls close,
whichever requires the lesser amount of tim e off.
If the e m p loyee’ s voting place is beyond normal com m uting distance of 3 5 -4 0 m iles and absentee
b allot is not perm itted, he m ay be granted sufficient tim e off to vote.
A llow able tim e w ill be
computed at the rate of 1 hour excused absence for each 30 m iles in excess of normal com muting
distance so as to allow the em ployee to be at the polls up to 2 hours after the polls open or 2 hours
before the polls close whichever requires the lesser amount of tim e off.
T he em ployee w ill be notified in writing whenever he cannot be released from work to vote b e ­
cause his absence w ill interfere seriously with operations.
For em ployees who vote in jurisdictions which require registration in person, excused tim e to register
w ill be granted on the same basis as for voting, except that no tim e shall be granted if registration
can be accom plished on a nonworkday.
(51)
*

> $
;<

It is the policy of the Department of the Navy to encourage em ployees to exercise their right to
vote. Engineer officers desiring to register and vote in any election or referendum shall be excused
for that purpose under the follow ing standards. As a general rule, where the polls are not open at
least 3 hours before or after an engineer officer’ s regular working hours, he shall be excused for
whatever amount of tim e w ill permit him to report for duty 3 hours after the polls open or to leave
3 hours before the polls close, whichever requires less excused tim e .
An engineer officer whose
place of voting is beyond normal com m uting distance and in a location where absentee ballots are
not permitted m ay be excused, not to exceed 1 day, for the necessary trip.
T im e in excess of
1 day must be charged to le a v e , but COM STSPAC /C o m m a n d e r, M ilitary Sea Transportation Service,
Pacific Area/ shall observe a liberal leave policy for this purpose. For engineer officers who vote
in jurisdictions which require registration in person, excused tim e to register m ay be granted on
substantially the same basis as for voting, except that no tim e shall be granted if registration can
be accom plished on a nonworkday and the place of registration, is with reasonable 1 -d a y , round-trip
travel distance of the engineer officer’ s place of residence,
(56)

Charity Drives.
These clauses, found in seven agreements, emphasized
union cooperation and, at times, provided for a joint committee to publicize and
organize charity campaigns. Several stressed the voluntary nature of campaign
contributions.
The employer agrees that the principle of voluntary donating to annual approved fund raising c a m ­
paigns shall be upheld. The council, in turn, agrees to support such cam paigns.
(9)




'i'

27

The union agrees to support, enthusiastically, and to assist, if requested, in the solicitation of funds
for fund drives which are on the approved list in NCPI 5 4 30. 3—la .
It is further agreed that the union
w ill, upon request o f the com m anding officer, nominate at least one person to serve on the fund drive
com m ittee when and if such a com m ittee is appointed by the com m anding officer for recognized fund
drives.
Employees so appointed, upon approval of their supervisor, w ill be excused from regular
work for a ll tim e spent in connection with fund drives.
Publicity relative to fund drives w ill re c ­
ognize unit participation in the drive.
(8)

*

*

*

Voluntary contributions w ill be truly voluntary giving. Any practice that involves com pulsion, coer­
cion, or reprisal directed at the individual em ployee because o f the size of his contribution or his
failure to contribute has no place in the Federal program.
In addition, the contributor has the
privilege of disclosing or keeping his gift confidential by placing it in a plain white sealed envelope,
if he so desires.
It is understood that it is the policy of the Executive Branch of the U . S. Government to permit
appropriate agencies to solicit funds for charitable and other humanitarian purposes from Federal
em ployees at their places of em ploym ent.
The worthwhile efforts of these agencies on behalf of
all citizens m erit a generous voluntary contribution from em ployees.
It is agreed that AFGE Lodge 2250 recognizes the respect and high esteem with which the hospital
is regarded in the com munity . . .
Recognizing this position, it is further agreed that hospital e m ­
ployees have an individual responsibility, as citizens of the com m unity and as em ployees of the
hospital, to assist in its improvement also.
The union agrees to publicize and take a positive attitude toward the fund drives and w ill inform
the members as to the reasons why m anagem ent needs fair share giving in order to m eet the estab­
lished hospital goals.
(4)

Craft Jurisdiction
Thirteen contracts, nine negotiated with Navy, provided means for han­
dling jurisdictional disputes among craft unions. Most stated that in making a s­
signments the employer would observe customary trade jurisdiction wherever
possible; changes would be discussed with the union.
The employer agrees, prior to im plem entation, to discuss with appropriate union officers any sig­
nificant changes regarding basic and fundamental trade or craft jurisdiction, including m ajor journey­
man training programs.
The em ployer further agrees to consider the views and recom mendations of
the union in matters relating to trade or craft jurisdiction.
The

employer agrees to

notify and to m eet with union officers to discuss trade jurisdiction with

respect to the introduction and application of new equipment, materials and processes o f a significant
nature over which the union has jurisdiction.
(2)
*

*

*

. . . Where custom, practice or tradition has established work boundaries between crafts or personnel
covered by this agreem ent, to which the various crafts agree and where such boundaries do not
create in efficien cy, or additional work or assignments, or conflict with the maintenance of job
stability, the em ployees shall normally perform the work within the boundaries so established.
In
em ergencies, or in the absence of custom, agreements, awards, or understandings, m anagem ent shall
assign the work to those em ployees who in its judgment are best qualified to perform the work.
(57)

Several agreements negotiated by local Metal Trades Councils (MTC)
gave to their affiliates an opportunity to resolve jurisdictional problems among
themselves. While the employer agreed to be guided by agreements reached by
affiliates of the MTC, he retained the right to make work assignments in ac­
cordance with section 7 of the Executive order.
These points are set forth in
considerable detail in the following agreement;
The matter of jurisdictional boundaries between and among crafts for the purpose of establishing a
c la im to the work is recognized as an appropriate subject for determination by the various unions
affiliated with the council, and the council w ill advise the employer of agreements reached.
The
em ployer agrees to be guided in the assignment of work by any mutual agreements between the
unions involved, but in accordance with section 7 of E. O . 10988, the employer retains the basic
right to assign work in the manner considered best to m aintain the e fficien cy of Government operations.
784-562 0

-

65-5




28

When because of workloads or other reasons, the employer proposes to issue significant job order
assignments contrary to trade lines previously accepted in the shipyard, then whenever practicable,
the council w ill be advised of the intended action and given an opportunity to express its views to
the employer.
It is agreed that in the event of a dispute over cognizance between em ployee crafts within the unit,
the council w ill make every effort within its power to bring the disputing crafts together, w ill pro­
vide them with all possible assistance, and w ill prevail upon them to reach an agreement that is
equitable to all concerned.
In the process, the council agrees to consider m anagem ent's position
if requested by the em ployer.
The council w ill com m unicate to the employer any agreement reached
by the disputants and the employer w ill assign work in accordance with such agreement provided it
is consistent with the best interests of the Government.
Nothing in the foregoing shall act to restrict
the accom plishm ent of work pending resolution of any dispute or to restrict the employer in his right
to assign work.
In case of new work of significant volum e where, in the opinion of the em ployer, there is reasonable
doubt as to the respective jurisdictional claim s of the crafts, it is agreed that the employer w ill,
whenever practicable, discuss the matter with the council before issuing job order assignments.
Reasonable tim e w ill be allowed
bounds of the preceding sections.

council
(58)

representatives to

discuss trade

assignments within the

Wage Surveys
While the compensation of the greater proportion of Federal employees
is set forth in schedules in the Classification Act of 1949, as amended, the rates
of pay for more than 600, 000 employees (slightly less than one-third of total
Federal employment) are determined by various prevailing-rate wage board pro­
cedures.
The wage board group is defined in the Classification Act as those
"employees in recognized trades or crafts, or other skilled mechanical crafts, or
in unskilled, semiskilled, or skilled manual-labor occupations, and other em­
ployees including foremen and supervisors in positions having trade, craft, or
laboring experience and knowledge as the paramount requirement . . . "
As to
pay policy, the act states only: "The compensation of such employees shall be
fixed and adjusted from time to time as nearly as is consistent with the public
interest in accordance with prevailing rates. " The methods of setting pay are
left to the administrative discretion of particular agencies, and differ in a num­
ber of details, but generally, rates are based on wage surveys conducted by
agency representatives or by the Bureau of Labor Statistics. 1 It should be noted
0
that an actual wage board is not involved in all cases.
A number of agencies
set rates for blue-collar workers without boards or committees.
Matters relating to wage surveys were stipulated in 55 agreements cov­
ering approximately 71,000 workers for the following agencies:
Agency
Commerce---------------------------------Air F o r c e ---------------------------------Army-----------------------------------------Navy-----------------------------------------Health, Education, and Welfare In terior-------------------------------------Treasury -----------------------------------Civil Aeronautics B oard-----------Federal Aviation A g e n c y ----------Interstate Commerce Commission
Tariff Commission---------------------Veterans Administration------------

Agreements
2
1
8
30
1
2
1
1
2
1
1
5

Workers
180
1,430
7,129
58,315
1,200
249
250
11
119
20
7
2,067

10 For details on wage board operations, see "R a te Setting by the A rm y-A ir Force W age B o ard ," Monthly
Labor R eview , October 1958, pp. 1 1 0 7 -1 1 1 2 , and J. Kenneth M ulligan, "T h e Federal W age Board Program ,"
Public
Personnel R eview ,




Chicago,

October 1958

and January 1959.

29

Most of the preceding agreements granted the union the right to nominate
data collectors or observers in local wage surveys.
A smaller number per­
mitted the union to request that a new survey be made, and several dealt with
appeal rights after findings had been issued.
Survey Requests. The union1s right to request a new wage survey was
established in 26 agreements, with one exception covering Defense agencies—
Navy, 20 contracts; Army, 4; and Air Force, 1. Ten agreements were negotiated
by Metal Trades Councils, four each by the International Association of Machinists
and Aerospace Workers and the American Federation of Government Employees,
and three by the International Brotherhood of Electrical Workers.
In its simplest form, found in a few agreements, the employer agreed
to forward union requests to higher authorities:
The employer agrees to forward via the Area
quest submitted by the union.

W age and Classification O ffice any wage survey re­

(59)
> >
!« ;<

W henever possible, the union shall be given notice of impending wage board surveys, or m ay request
that a survey be made by the Department in accordance with the HEW Personnel Guide.
(52)

Typically, however, the union’ s request was to be accompanied by evi­
dence that present scales were out of line with those paid to workers in similar
occupations in the locality.
It is agreed that the council has the right to request area full scale and wage change surveys to be
conducted when significant industry wage raises have taken place in the area, and that such request
and substantiating data shall be promptly forwarded via channels to OIR, Department of the N avy.
(9)

>
;<

>\z

>
!<

The union shall have the right to request, via the com manding officer, full scale and wage change
wage surveys of the lo ca l wage survey area provided:
(1) That the request is submitted in writing
and; (2) that the request contains substantiating evidence in a form that clearly establishes that
specifically identified private industry activities normally included in a lo ca l wage survey have
granted wage increases of specific amounts to specified numbers of em ployees occupying positions
of a type normally included in a local wage survey.
It is agreed that such requests and substantiating
data shall be promptly forwarded via channels to appropriate higher authority in the Navy with
appropriate recom mendations.
(42)

One agreement limited the number of requests per contract year, as
follows:
The employer agrees to consider representations of the union for requesting special wage change
surveys for em ployees of the bargaining unit when the union can reasonably demonstrate that estab­
lished rates or schedules are inconsistent with wages paid by comparable types of industry in the
lo ca lity area for comparable work.
It is agreed that such requests shall not exceed one submission
during the contract year .

.

.

(30)

Union Participation.
Typically, union participation in wage surveys in­
cluded one of the following or more: Notification of survey, observers on survey
committees, nomination of individuals to be data collectors, and the right to rec­
ommend the inclusion or exclusion of firms or jobs to be surveyed.
Twentyeight of the fifty-two agreements with such provisions were negotiated by the
Navy Department, 7 by the Army, 5 by the Veterans Administration, and the
rest by 8 other Federal agencies.




30

Agreements between the Navy and Metal Trades Councils usually cov­
ered the areas of union participation in considerable detail as in the follow­
ing illustrations:
The employer agrees to advise the council of the receipt of o ffic ia l notification that preliminary
preparations are being made for the conduct of a full scale wage survey.
Such notification to the
council w ill, insofar as practicable, be made within 5 working days after its receipt by the em ployer.
W hen notified of the tentative starting date of a wage survey, the council m ay submit a list of names
of em ployees in the unit for nomination as data collectors.
It is agreed the employer w ill give
serious consideration to those employees on the list of names submitted by the council whose qual­
ifications, in the judgment of the em ployer, m eet the criteria outlined in NAVEXOS P—1 4 1 7 .
The employer agrees that one ungraded em ployee in the unit, selected from a list of three names
submitted by the council, shall be designated as the em ployer's observer on the Area W age Survey
C o m m itte e .
The observer shall hold in the strictest confidence all wage data provided by private
firms during the survey.
The council m ay petition the Area W age Survey C o m m ittee orally or in writing for the addition and
deletion of industry firms to be surveyed, the addition and deletion of job ratings to be surveyed, and
the expansion and contraction of the area to be surveyed.
(38)

*

*

*

It is agreed that the council m ay submit a list of em ployees' names to be considered by the e m ­
ployer when he appoints his representative to the Area W age Survey C o m m itte e .
The council agrees
that em ployees nominated by them to serve as the em ployer's representative on the com m ittee shall
be responsible activity officials who possess administrative ability and a wide knowledge of Navy
occupations, wage administration practices, and industrial organizations.
The council further agrees
to submit their nominations in sufficient tim e to permit the employer to appoint his representative
within the tim e lim itations imposed by OIR.
The council further recognizes that the employer w ill
consider further responsible activity officials than those nominated by the council.
It is agreed that the council w ill be notified on all details concerning the ordering of wage surveys
as promptly as they are released to the activity.
It is further agreed that the council m ay provide the employer with a list of names of unit e m ­
ployees who m eet the criteria as outlined in NAVEXOS P—1417 for consideration by the employer
in selecting of data collectors.
(24)

In agreements negotiated by the Department of the Army, the following
aspects of wage survey participation were generally covered:

. . . the union m ay designate one representative to attend the organization m eeting of the lo cality
wage survey board; such attendance w ill be without loss of pay or charge to le a v e .
The lo cality
wage survey board w ill give full consideration to information, requests, or recommendations (sub­
m itted by the union) concerning area boundaries, firm coverage, and augmentation of the key job
list.
On other subjects, the union w ill be advised as to the proper method for obtaining consideration.
In response to the lo ca lity wage survey board's request for data collectors, the employer agrees to
include among the individuals he selects a representative number who have had experience in the
jobs for which data is being collected .

Employees

selected for this activity must m eet the qual­

ification requirements for data collectors.
Upon com pletion of the survey the chairman of the lo cality
consult with the union representative for the purpose of:

wage survey board w ill,

if requested,

a.
R eview ing the results of the survey so far as they are known.
In this connection, the rates
of individual companies w ill not, under any circumstances, be revealed to other companies or to
em ployee groups.
b.

R eceivin g any additional information or recom mendations.




(57)

31

Illustrative of how non-Defense agencies have provided for the union’ s
role in wage surveys are the following excerpts:
. . . the corporation w ill pay its wage board employees in accordance with wage rate schedules,
which are to be established annually through wage surveys, beginning on or about the first day of
September, conducted jointly by the corporation and the union based on rules of procedure m utually
agreed upon and issued in advance of the survey . . .
(31)

*

*

*

A t least 30 days prior to a scheduled V A locality wage rate survey, a m eeting w ill be held for planning
purposes.
T he union president and any two members he may select w ill be invited to m eet with the personnel
officer, his assistant and one other m anagem ent representative.
These meetings w ill be for the purpose of determining the nature of a proposed survey,
firm lists, and general planning of survey procedures.

reviewing of

The union m ay submit a list of recom m ended data collectors from which m anagem ent agrees to se­
le ct an appropriate number, provided they m eet the qualification requirements as outlined in Pro­
gram Guide G -4 , W age Surveys.
Any data collectors . . . w ill serve as required by m anagem ent and w ill represent m anagem ent.
Even though recom m ended by the union, data collectors w ill be required to observe all rules of
conduct and procedures established for all data collectors.
(37)

Appeals. The availability of an appeal was set forth in six agreements,
all negotiated by the Lithographers and Photoengravers International Union, in
cases where the union felt that the data had been compiled or collected incorrectly.
. . . Nothing in this agreement shall prevent appeal by the union to the Interdepartmental Litho­
graphic W age Board if the union feels there has been an error in com piling or in the collection of
the data . . .
(47)

Personnel Actions
A variety of personnel policies which are spelled out in considerable
detail in Civil Service Commission and agency regulations v/ere also dealt with
in about one-fifth of the agreements, usually for employees in industrial activi­
ties. Provisions in this category include such employment aspects as promotions,
demotions, layoffs, job descriptions and ratings, discipline, and training, among
others.
The agreements, as a rule, defined the uniords role when particular
personnel actions were contemplated or taken.
Promotions. Procedural matters to be observed in the selection of em­
ployees for promotion were found in 47 agreements for 10 agencies. Included in
this total were 29 Navy agreements, 6 for the Veterans Administration, and 5 for
the Department of the Army. All but four applied to wage board or mixed units.
Nearly all of these agreements provided for the posting of promotional
opportunities, frequently coupled with a statement that vacancies would, where
possible, be filled from within.
W hen the employer determines to fill a nonsupervisory position in the unit by promotion, notices of
a promotional opportunity w ill be posted on all o fficia l bulletin boards at least 10 calendar days
prior to the closing date for accepting applications for the position.
Such notices shall either con­
tain the m inim um qualifications standards for appointment to such positions or an indication where
the m inim um qualifications for appointment to such positions are available for review.
The employer agrees to promote from qualified eligibles within the activity.
In no instance shall
positions be fille d from outside recruitment as long as there are qualified eligibles em ployed within
the activity, provided demonstrably superior persons cannot be obtained by extending the area of
consideration.
(45)




32

It is the policy of the Department of the Arm y to fill vacant positions on the basis of merit and
fitness, and to afford m axim um opportunity for continuity of em ploym ent and optim um development
and utilization of em ployee skills.
In the interest of creating a stable work force and providing
m axim um opportunity for em ployee advancement, first consideration normally w ill be given to filling
vacant positions from within the activity work force . . .
The employer agrees to post on a ll official bulletin boards, notices of all vacancies to be filled by
promotions at least 5 days prior to filling sam e.
Such notices shall clearly state the m inim um
qualifications for appointment to such positions.
(35)

Less frequently, the contract called for notice to the union of upcoming
promotions and/or permitted it to have observers on promotion boards.
The employer agrees to notify the shop stewards of all promotional opportunities,
prior to the closing date for filing application . . .
(19)

at least 10 days

> > >
;< ;< ;<
The president of the union shall be notified at least 3 days in advance of meetings of the promotion
board.
He m ay designate a unit mem ber to serve as an observer of promotion board m eetings.
The observer m ay not be chosen from divisions or services having candidates for the vacancy being
fille d .
(37)
* * *
The union m ay assign a representative to observe the procedures by which candidates are declared
eligib le for selection for positions in the agency for which members of the exclusive unit may
be considered.
(60)

Union membership on the rating panel was only rarely specified. In one
agreement, the composition and functions of the panel were described, in part,
in this manner:
There w ill be established a rating panel as follows:
1.
2.
basis.
3.
4.

Personnel technician to serve as chairman.
A representative from the junior management staff to be assigned on a prearranged
The im m ediate supervisor of the vacant position.
A representative, or his alternate, designated by the union,

rotating

to serve for 1 year.

It shall be the responsibility of this com m ittee to review the information submitted to it by the
personnel offic e , which includes the confidential supervisory evaluations, and from it prepare the
final numerical rating for each eligible applicant.
(61)

In addition to the points illustrated above, agreements for several agen­
cies described at great length the operations of the promotion (merit staffing)
program, focusing on such aspects as eligibility, evaluation of qualifications,
operations of panels, selection, employee appeals, and the role of the union in
the course of the proceedings. These issues are perhaps treated most exten­
sively in a supplementary agreement between the Department of Labor and
Lodge 12 of the AFGE, reproduced in whole in appendix C.
Seventeen agreements provided for a temporary promotion of an em­
ployee performing the duties of a higher rated job for a designated period, usually
exceeding 30 days.
The bulk of these agreements applied to workers in Navy
installations and provided that:
Employees tem porarily promoted to perform the duties of a higher paid position within the activity
shall receive the pay authorized for the position . . .
(19)

In a Federal Aviation Agency agreement, the rule governing temporary
promotion read:
No em ployee shall
be detailed to perform the dutiesof a vacant established position of higher grade
within the unit for
any continuous period in excess of 60 days without considering him for a te m ­
porary promotion.
If the em p loyee’ s assignment to the vacant higher grade position is to be con­
tinued for an additional period of at least 30 but not more than 90 days, he shall be given a te m ­
porary promotion without com petition in accordance with the Agency Merit Promotion Plan.
(51)




33

Demotions. Downgrading of an employee can result from a variety of
factors, such as layoffs, reclassification of the positions, and above all, dis­
ciplinary (adverse) actions. Thus, demotions as such are only rarely dealt with
in Federal agreements; instead, they are implicitly or explicitly encompassed
under the issues noted above. Provisions in two agreements which referred to
demotions are cited in their entirety below:
The employer agrees to observe applicable appeal rights o f employees who are dem oted and shall
in no case recom m end the demotion o f an em ployee except for such cause as w ill promote the
efficiency o f the service.
(34)
*

*

The em ployer agrees that cases o f demotions which result from gradual changes in duties w ill be
m ade according to the seniority principles contained in the Reduction in Force Regulations except
where it can be shown how or why a specific individual must be dem oted.
It is also agreed that
arbitrary downgrade o f positions to m eet fiscal lim itations is prohibited.
(17)

In about 5 percent of the contracts, an employee about to be laid off had
the option of asking for a demotion.
He was, however, required to be able to
perform the duties of the lower rated job. In addition, the clause usually stipu­
lated that the employee was to receive preference for "repromotion" to the job
previously held.
In the case o f a demotion taken voluntarily in lieu o f a red uction-in-force action, the employer
agrees to reinstate such em ployee to his former rating when a vacancy exists therein, provided the
position is not obligated to an em ployee o f higher retention standing.
In situations where an em ployee elects to take a demotion in lieu o f a red uction-in-force action, the
em ployee must be qualified to perform the job duties o f a lesser rated position.
(35)
> *
;<
In case of a demotion taken voluntarily in lieu o f a red uction-in-force action, the em ployer shall
give reasonable consideration in returning such em ployee to his former rating in inverse order o f the
reduction-in-force action when a vacancy occurs therein, before filling said position with any other
person.

(62)

Reduction-in-Force. About 15 percent of the agreements, all for wage
board or mixed units, dealt with the role of the union in layoff (reduction-inforce or RIF) situations.
As a rule, the contract provided for notice to the
union before the work force was curtailed.
It is agreed that the employer w ill inform the union o f pending reductions-in-force as soon as possible
and that reductions-in-force shall be accom plished in accordance with statutory requirements and
C ivil Service Commission rules and regulations.
(8)

-!< >
!<
The em ployer agrees that prior to the issuance of o ffic ia l notice to the employees involved in a
redu ction -in -force action, the council shall be notified o f the number of em ployees and com petitive
levels to be affected, the date action is to be taken, and the reasons for the red u ction -in -fo rce.
The council w ill render its assistance in com m unicating to em ployees the reasons for the reductionin -fo rc e .
(9)

In one agreement, notice was limited to layoffs of 25 employees or more.
Several contracts went beyond the notice requirement and permitted the
union to present its views prior to the reductions.
The council w ill be notified by the em ployer or his cognizant m anagem ent officials o f proposed
reductions-in-force and the council w ill be invited to discuss with and to present its views to the
em ployer for consideration prior to the im plem entation o f reductions-in-force.
(27)




34

To avoid or minimize the layoff of employees, about one-third of the
agreements with RIF procedures called for the filling of vacant positions, trans­
fers, attrition, and similar measures.
For example, Navy agreements used
language such as the following:
The em ployer agrees that in order to m inimize the im pact o f any re d u ction -in -fo rce, existing vacancies
w ill be filled to the extent practicable through placem ent o f qualified em ployees who m ight other­
wise be affected by the reduction-in-force action.
(9)

The employer agrees to m ake a reasonable effort to avoid or m inim ize a red u ction -in -fo rce by ad­
justing the work force through promotion, reassignment, or transfer of employees to available vacancies
for which they are qualified.
(58)

Other agencies employed different phraseology to reach the same goal.
Before abolishing an encumbered position in the unit, the employer w ill consult with the union on
the necessity and tim ing o f the actions and explore possible alternatives suggested in light o f the
agency obligation to perform its mission by the most efficient and econ om ical m eans.
(25)

. . . W henever possible, any reduction in personnel should be achieved by restricting recruitment
and promotions and by m eeting ceiling limitations through normal attrition.
Employees in surplus
positions should be reassigned as other positions becom e vacant . . .
(17)

One agreement provided for a tripartite committee to advise the employer
in reduction-in-force situations.
It is further agreed that within 30 days o f the effective date o f this agreem ent, a tripartite com m ittee
com posed o f one representative o f the employer, one representative designated by the council, and
one representative (who shall act as chairman) m utually acceptable to both the employer and the coun­
c il designee shall be established and said com m ittee shall advise the em ployer concerning com petitive
areas in the unit for reduction-in-force purposes or abolishment or transfer o f functions. . . (24)

Nine agreements mentioned '’bumping1 or "retreat rights" of employees
'
reached for layoff.
With minor variations, the agreements stated that these
rights "shall be governed by applicable statutes, Civil Service Commission regu­
lations, and Department directives. " Similarly, existing regulations were to be
followed in rehiring laid—
off employees:
Any career or career-conditional em ployee who is separated as a result o f red uction-in-force shall
be placed on the reem ploym ent priority list and such em ployees shall be given preference for re­
em ploym ent in accordance with applicable regulations.
(25)
*

*

Any permanent status em ployee who is separated because o f a red u ction -in -force action shall be placed
on a reem ploym ent priority list for 2 years if career and 1 year if career-conditional, subject to
e ligib ility requirements as established by regulations. Such em ployees shall be given preference in
rehire in the reverse order o f their separation within their job rating.
(30)

Job Descriptions and Ratings.
The majority of white-collar positions
in the Federal Service are classified either in accordance with or consistent with
standards published by the Civil Service Commission, or consistent with keypositions defined by statute (postal field service).
Blue-collar positions are
classified, or rated, in accordance with standards authorized by the employing
agency or department.
These systems are designed to achieve equal pay for
substantially equal work.
A job or position description is a formalized state­
ment of duties and responsibilities contained in a single position or a group
of like positions. The primary purpose of a job description is for classification
and pay purposes, but it also serves as a tool for organizing work, and for




35

informing prospective employees of their duties. An employee seeking a higher
grade or rating would initially claim that his actual duties are not accurately
reflected in his present job description.
About 10 percent of the agreements allowed the union, usually upon an
employeefs request, to assist and represent an employee who feels that his job
description does not properly describe his duties.
A ll em ployees in the unit, after the steward has taken the matter up with the first line supervisor, shall
be perm itted to consult with the em ployer on an informal basis for the purpose o f reviewing their job
descriptions or ratings for any alleged inequities. Such em ployees are entitled to council representa­
tion or assistance in discussing the above with the employer . . .
(20)
*

*

*

A ll em ployees in the bargaining unit shall be freely and fully provided with adequate means o f se­
curing review o f what they consider to be inequities in their existing grade or rating . . . Such
em ployees are entitled to union representation or assistance in discussing the above with the e m ­
ployer; in reviewing and reading classification standards or Arm y rating definitions that pertain to their
position or rating . . .
(26)

A few agreements elaborated on the above points by stipulating that the
employer was to furnish information on which the job description was based.
Upon request by the em ployee or his representative, the em ployer w ill produce data on rates and job
descriptions of any job questioned. The information w ill include how the rates were established, the
type o f work to be performed, the skill required in relation to other rates, etc.
If m utually agreed
that the descriptions are inaccurate, corrective action w ill be taken.
(45)

Several Treasury agreements provided for an annual review of job de­
scriptions; the employee, however, could seek a review at any time.
A joint review o f job descriptions by supervisors and their subordinates w ill be m ade annually and it
is anticipated that inconsistencies which m ay exist w ill be brought to light at that tim e .
At any tim e ,
however, that an em ployee feels that there are inconsistencies between the duties he is required to
perform and the description for his position, he m ay discuss the matter with the supervisor or division
head. In this connection he m ay review classification standards and rating definitions pertaining to
his position or rating.
Such em ployees are entitled to union representation or assistance in discussing
the above . . .
(63)

At times, the union, acting on its own, was authorized to ask for a
change in job descriptions or rating.
The lodge m ay m ake representations and present supporting evidence to the em ployer regarding the
adequacy or equity o f position classification standards and the assignment o f wage board grades.
(43)

%

>< >
* :<

The em ployer agrees to advise the union concerning any change in job standards which affects the
pay le v e l o f an upgraded rating. The union at any tim e m ay initiate a recom m endation for change
in job standards for a particular category o f positions. Appropriate representatives of the employer
and union w ill m eet to discuss the facts pertinent to the recom mendations.
Any form al recom m enda­
tions o f this nature shall be submitted in writing and shall include full justification for the recom ­
m ended change . . .
(34)

Disciplinary Action. Disciplinary (adverse) actions against Federal em­
ployees can be taken for violations of designated laws, regulations, or generally
accepted standards of work or conduct, and can lead to demotion, suspension,
or dismissal. The procedures governing disciplinary cases are set forth in Civil
Service and agency regulations, stating in detail the reasons for which action
can be taken and the appeal rights available to affected employees.
A relatively small number of agreements, about one-fifth, dealt with the
role of the union in adverse action cases against members of the bargaining unit.
784-562 0

-

65-6




36

One-half of the agreements with such provisions covered workers in Navy instal­
lations, the other half was distributed among 11 other agencies.
Generally, the union was to be notified when members of the bargaining
unit were subject to discipline.
The union w ill be
em p loyee.
(44)

advised when

the

employer proposes

*

*

to take

disciplinary

action

against

an

>
!<

In all cases o f proposed suspension, discharge, or other disciplinary action by the em ployer against any
em ployee covered by this agreem ent, the council shall be notified o f such proposed action by the
em ployer at the same tim e as the em ployee is notified.
(24)

In a few agreements, the union was to be notified only if the employee
affected requested a hearing.
An illustrative clause of this type included the
following conditions:
Prior to receipt of a request for a hearing from the affected em p loyee, the em ployer w ill hold any
information relative to a proposed disciplinary action such as suspension, dem otion, or rem oval, to be
a privileged and private matter between the employer and the em ployee even though the em ployee
m ay divulge such information at his own discretion. When any em ployee o f the unit requests such a
hearing, the employer agrees to notify the council at the sam e tim e the em ployee is notified o f the
date set for the hearing.
(58)

If the case involved certain confidential or personal matters, notice by the em­
ployer was waived.
The em ployer w ill notify the union o f all disciplinary actions taken against an em ployee o f the unit
as soon as possible after notification is given to the em ployee except in those cases where the action
taken is based on a purely confidential matter individual to the em ployee . . .
(42)

. . . Labor Lodge 12 w ill be given information identifying the em ployee except in those cases agreed
to between m anagem ent and the lodge.
In cases where agreement to withhold information is not
reached, Labor Lodge 12 w ill be given the name o f the em p loyee, except when the matter is referred
to the Secretary o f Labor and he . . . decides the individual should not be identified. Labor Lodge 12
agrees to respect the lim itations requested by m anagem ent on the use o f information supplied to them
under this section.
(10)

Several agreements left notification in such situations to the discretion of
the employee.
Any em ployee against whom formal adverse or disciplinary action is contem plated shall first be noti­
fied in writing o f the reason for the contem plated action and the action to be taken.
A copy o f such
notification w ill be given to the representative o f the union within 1 working day o f such action unless
the em ployee has been charged with moral turpitude, in which event sufficient copies w ill be furnished
the em ployee so that he m ay, or m ay not, provide the union with a copy in accordance with his own
personal desires.
(53)

In cases where the union acted as the employee’ s representative, it had
the right to be present during hearings and to introduce statements.
In the case o f violation o f rules when disciplinary action m ay be proposed, the union shall autom atically
have the right to be present throughout the disciplinary procedures.
(45)

> > >
:< ;< :«
The council is entitled to have an observer at hearings conducted by the Hearing Advisory C om m ittee
and the observer m ay m ake a statem ent for the record o f the council's views concerning the case. The
statem ent shall be m ade at a tim e determined by the chairman o f the Hearing Advisory C om m ittee.
The council w ill com m it its observer at such hearings to treat information received concerning the
em ployee as privileged and private to the em ployee.
(58)




37

The em ployee organization shall have the right to be present as an observer at any personal presenta­
tion or form al hearing before a com m ittee in the case o f a . . . adverse action appeal.
It shall
be the responsibility o f the em ployer to notify the em ployee organization o f the tim e and place o f
each such personal presentation or hearing as soon as it is scheduled.
Upon request o f the em ployee
involved, the em ployee organization shall have the right to consult with m anagem ent officials at
any stage o f a . . . proposed adverse action or appeal, and to represent the em ployee in any dis­
cussion, presentation, or hearing.
The foregoing provisions m ay not be construed to preclude any
em ployee from designating a person other than a m em ber of the em ployee organization to represent
him in a . . . adverse action.
(64)

On the subject of discipline, several agreements stated that the em­
ployer would not take action against employees for alleged debts either when the
employee denied owing the debt or legal judgment had not been obtained.
The employer agrees that no personnel o f the activity shall be assigned to perform work as a c o l­
lection agent for debts allegedly due by an em ployee to any private individual or firm .
No e m ­
ployee shall have disciplinary action taken by the employer against him for failure to pay alleged
debts unless he admits his indebtedness or there is an appropriate c ivil court judgment rendered
against him .
(35)

One agreement, however, listed several exceptions to this provision:
The em ployer further agrees that no em ployee shall be subject to disciplinary action by the e m ­
ployer for an alleged nonpayment o f debt unless it is for m ed ical, hospital bills, and/or State tax,
or is validated by an appropriate civil court judgment rendered against the affected em p loyee.
(45)

Disputes arising out of disciplinary cases were to be settled under ap­
propriate personnel procedures.
Only two agreements referred specifically to
the negotiated grievance and arbitration procedure, stating:
. . . Any such disciplinary /suspension, discharge, e tc._/ action must be for just cause, and the e m ­
ployee m ay exercise his rights under the grievance and arbitration procedures o f the agreement. (20)

Apprenticeship and Training.
About one-fifth of the agreements dealt
with various aspects of apprenticeship and/or training and retraining programs.
With few exceptions, agreements which referred to apprenticeship also discussed
general training activities. Programs of both types were almost wholly confined
to blue-collar workers, particularly in Navy installations.
Apprenticeship clauses were found in 11 agreements, all, of course,
negotiated by unions representing apprenticable crafts, such as the International
Association of Machinists and Aerospace Workers, the International Brotherhood
of Electrical Workers, and Metal Trades Councils. Changes in and other matters
relating to the programs were to be discussed with the union; several contracts
provided for union observers on apprenticeship committees.
The apprentice training program m aintained by the em ployer shall m eet all standards established for
such programs by the Navy Department and the Bureau o f Ships. The employer w ill consult with the
council prior to effecting any significant changes in the apprentice program relative to the trades
included or the content of training plans.
The council m ay take up questions affecting the apprentice
program with the em ployer.
It is agreed that the membership o f the Apprentice Training Subcom m ittee o f the Shipyard Training
C om m ittee shall include an em ployee in the unit designated by the council as its representative.
(9)

Apprentice training programs w ill be provided as considered necessary by the em ployer.
Such ap­
prentice training shall be in keeping with the applicable regulations o f higher authority, including
those specified in NCPI 4 1 0 , and with the standards prescribed by appropriate naval authorities.
The em ployer agrees that the details o f the
council at its request.
(27)




apprentice training program

w ill be discussed with the

38

In one agreement, the parties agreed to establish an apprenticeship train­
ing program, the details of which were to be spelled out at a later date.
The
following factors were to guide the parties:
In order that an adequate supply of com petent skilled craftsmen shall be available at all tim es, it
is agreed between the parties hereto that an apprenticeship program may be established by mutual
agreement between the project and the union.
The terms of such apprenticeship program to be
mutually agreed upon and shall at least equal the standards recom m ended by the Federal C om m ittee
on Apprenticeship; it shall also m eet or exceed the m inim um standards required of apprenticeship pro­
grams registered with the Bureau of Apprenticeship and Training of the U. S. Department o f Labor.
Apprentice rates of pay, conditions of em ploym ent, training, and other necessary functions in connection
therewith, shall be incorporated in a supplement to the agreement.
(65)

Union membership, other than as observers, on apprenticeship com­
mittees was, where specified, confined to designated functions.
It is agreed that both the employer and the council w ill establish Apprentice C om m ittees of not less
than three nor more than five members each to m aintain a cooperative interest in the apprentice training
program. The com m ittees will m eet jointly at appropriate tim es to consider suggestions or re c o m ­
mendations for the improvement of apprentice training but w ill not concern them selves with such
matters as trades apprenticed, number of apprentices c a lled , or the selection of individuals to be
apprenticed.
It is further agreed that the employer w ill m aintain an apprentice program consistent
with the considerations and instructions of NCPI 4 1 0 . 10.
Apprenticeship programs shall m eet the
standards prescribed by the appropriate naval authorities.
(58)

Forty-one agreements provided for training and retraining so as to qual­
ify employees for new ratings and skills.
While more than one-half of these
provisions were negotiated by the Department of the Navy, they were also found
in contracts for nine other agencies covering, with one exception, workers in
wage board and mixed units.
It was a characteristic of a number of these clauses that they stressed
the mutual benefits to be derived from such a program which they agreed to
develop jointly.
The employer and the union agree that the training and developm ent of em ployees is m utually b en ­
e fic ia l.
By mutual agreement the employer and the union w ill m eet and discuss the possible estab­
lishment of a form al training program covering any or all of the em ployees in the unit at an appro­
priate tim e in the future.
(25)
*

*

It is agreed that a training program shall be established in the unit for the purpose of improving
production, quality of personnel, and qualifying em ployees for higher le v e l vacancies.
A Training C o m m ittee consisting of one representative from the Personnel and Safety Division and
one representative from the O ffice of Cartography, and two representatives from the union shall be
established.
The com m ittee shall m eet upon the request of either of the parties, or at least once every 2 months,
for the purpose of developing and maintaining a comprehensive training program.
The com m itte e 's program shall be submitted to the Assistant Director for Cartography and the per­
sonnel officer for approval and im plem entation.
(33)

Frequently, agreements referred to training needs for new positions,
particularly those arising out of technological change.
Whenever technological changes dictate that com posite job ratings must be used which w ill utilize
the skills of more than one craft or trade, the employer w ill make every effort to train em ployees
affected for the new rating in question insofar as is practicable and consistent with applicable regu­
lations, funds, and workload.
(24)




*

% *

39

It is agreed that the em ployer w ill make a reasonable effort to reassign em ployees whose positions are
elim inated.
It is agreed that the employer w ill make a reasonable effort to train em ployees where
necessary for reassignment, when positions are elim inated because of automation or adoption of laborsaving devices, provided cost of such training is not excessive and provided the em ployee has the
necessary aptitude as determined by the em ployer.
(66)

*

>!<

*

When technological changes occur, the com mission w ill take appropriate and practical steps, with
cooperation of the union, to train em ployees in the use of new machinery and equipment in order
that they m ay be able to properly assume new skills.
(67)

The fact that training of employees for new jobs was to eliminate or
reduce the need for recruiting on the outside was specifically stated in several
Navy agreements.
W hen new ratings are established, m anagement w ill endeavor to retrain
em ployees before resorting to outside recruiting.
(68)

interested,

qualified unit

Training programs, a few agreements specified, were to be conducted
during duty hours, at no expense to the employee.
A t the discretion of the em ployer, o n -th e -jo b training required by the em ployer, as distinguished
from training for which the em ployee voluntarily applies, shall be accom plished on the em ployer's
tim e .
(38)
*

*

*

Consistent with m anagem ents' needs, and considering the individual worker's interest, capabilities
and experience, and considering em ployee potential for future promotion beyond the next promotion,
management w ill provide for ascension training using the "jo b training" procedure.
Job training w ill
be given in-house on equipm ent, procedures, and techniques required in actual production.
Generally
training w ill be under the direction of skilled journeym en or personnel of a higher grade or under
supervisors.
(36)

At the same time, training furnished by the employer did not relieve the
employee of his obligation to strive toward self-improvement. The union agreed
to stress this point to its members.
The employer and the council recognize that each . em ployee is responsible for applying reasonable
effort, tim e , and initiative to keep abreast of the changing technology of his occupation.
The council
therefore agrees to encourage employees to take advantage of training and educational opportunities
which w ill add to the skills and qualifications needed by them for advancem ent, or as prerequisites
for further training provided by the employer in their occupational fields.
(9)
*

*

*

The union agrees to stress to the employees the need for self-d evelop m en t and training to increase
efficiency and output.
(59)

Recruiting.
Thirteen agreements, 6 negotiated by several seagoing
and 7 by printing-trades unions, provided, in a qualified way, for union partici­
pation in hiring.
As typically stipulated, the union could refer applicants for
employment or was to serve as a recruiting source. The right of final selec­
tion remained with the employer.
. . . /The employer/7, by his representatives, m ay m ake known to the union the nature and extent
of current recruiting efforts and shall include the union in invitations to refer applicants for
em ploym ent.
(69)




*

*

*

40

MEBA w ill be used as a recruiting source for qualified engineer officers.
In this connection, MEBA
w ill be furnished information by /e m p lo y e ^ concerning engineer officer recruitment needs by means
of telephone calls or recruitment announcements that contain the engineer officer positions for which
applications are being accepted for consideration. MEBA members who desire to apply m ay then do
so and w ill be accorded full consideration with other eligible applicants . . .
The right of selection
or nonselection of an engineer officer from among eligib le applicants regardless of the source rests
solely with ^ e m p lo y e r/.
(70)
*

> *
!<

W hen the normal recruiting procedures for filling vacancies are nonproductive, the employer agrees
to contact the union for referral of qualified candidates.
The union recognizes that such qualified
candidates referred for consideration must be processed through the appropriate channels and procedures
of the C iv il Service Com m ission.
(48)
*

*

*

Appointments to positions in the unit shall be made in accordance with the C iv il Service A c t, rules
and regulations, on the basis of merit and ability. The board w ill consider any applicants submitted
by the union in developing lists of eligibles to supplement C iv il Service registers.
(47)

Union Activities
Approximately three-fifths of the agreements touched on one aspect or
more of union activities, ranging from time for meetings to activities of stewards
and check-off of dues.
While a large number of these agreements were nego­
tiated by the Department of the Navy, a considerable proportion were in effect
in other agencies, notably Army, Air Force, Interior, and Veterans Administra­
tion.
In terms of employee coverage, wage board units predominated, followed
by units of mixed composition.
Union Affairs and Meetings. About 30 percent of the agreements r e ­
stated, in various forms, section 9 of the Executive order which provides, in
part, that the "solicitation of memberships, dues, or other internal employee
organization business shall be conducted during the nonduty hours of the em ­
ployees concerned. "
Representatives of Lodge 1884 w ill be afforded opportunities to solicit membership am ong PVFO e m ­
ployees, but such solicitation, collection of dues, or other internal business of Lodge 1884 m ay not
occur during working hours . . .
(71)

*

*

*

. . . In no event m ay solicitation of memberships, collection of dues or other internal union business
be conducted on o ffic ia l tim e .
O fficial tim e does not include the luncheon periods.
(72)
*

*

*

. . .
It is agreed that tim e off from work granted to stewards or other council representatives shall
not be used for discussion of any matters connected with the internal m anagem ent or operations of
the council or any other em ployee organization; the collection of dues, assessments, or other funds;
the solicitation of memberships; cam paigning for e lectiv e offic e ; . . . ^ o r/ the distribution of
literature or authorization cards . . .
(9)

Membership meetings were also to be held during off-duty hours, but
facilities were made available by the employer, as stipulated in slightly more
than 15 percent of the agreements.
A t the request of the lo d ge, and subject to availability and to safety and security regulations, space
w ill be made available for m eetings of the lodge during nonduty hours of the em ployees involved.
Such space w ill be m aintained without dam age and restored to a reasonable state of good order by
the lodge after use.
(73)




*

*

*

41

Facilities of the shipyard, including utilities, w ill be made available, where practicable, for meetings
of the council outside regular working hours. The council agrees to leave the facilities in a clean
and sanitary condition.
(6)
*

*

*

The employer agrees that the union m ay use available conference rooms or other suitable areas on
the depot for the purpose of holding m eetings. The union agrees that such facilities shall be used
only during nonduty hours.
The union shall arrange for use of the rooms or areas with the appro­
priate m anagem ent o ffic ia l, and shall conform to all fire protection and security requirements.
V io ­
lation of fire or security regulations shall autom atically term inate this privilege accorded the
union.
(74)

Publicity.
Under the terms of 95 agreements, the union was granted
the right to publicize meetings, elections, membership drives, social affairs, etc.,
on installation bulletin boards or, less frequently, in installation newspapers.
Generally, material had to be cleared by agency officials before posting and could
not contain anything considered ’'propaganda1 or derogatory of Federal officials
1
or policies.
The union is authorized to post notices on unofficial bulletin boards.
The number and location of
such boards shall be determined by the m anagem ent offic ia l concerned.
Union notices w ill be
screened by the industrial relations officer prior to posting.
Notices containing propaganda against
or attacks upon agencies, individuals or activities of the Federal Government, or involving p olitical
issues, w ill not be approved for posting. A copy of this agreement shall be posted on each officia l
bulletin board in those working areas where em ployees subject to this agreement are em ployed.
(75)
*

> *
!<

The employer agrees to provide space on unofficial bulletin boards wherever located in shops and
offices for the posting of union notices and similar informational m aterial.
A ll m aterial shall be
subject to screening and approval of the employer before posting. The union agrees that no m aterial
casting an adverse reflection on the conduct, integrity, or motives of any offic ia l, agency, or a c ­
tivity of the Federal Government shall be distributed in any manner to em ployees in the unit.
(25)

In other agreements, the screening requirement was waived for an­
nouncements of routine union activities or if the union agreed to adhere to the
”no propaganda" rule.
Space on appropriate bulletin boards w ill be made available to the lodge for posting o fficia l lodge
information. The lodge w ill obtain prior approval of the content of articles posted on the bulletin
boards except notices of m eetings, the names of lodge representatives, social events, and AFGE
bulletins.
(76)
*
Space on bulletin boards w ill be made
Prior approval of the content and the
lodge agrees that such literature w ill
individual, or activity of the Federal

*

*

available to the lodge for pasting officia l lodge information.
specific details for the posting w ill not be required, but the
not contain propaganda against or attacks upon any agency,
Government.

Any lodge m aterial posted w ill be signed by a duly authorized representative of the lodge.
involved in the preparation of lodge m aterial w ill be borne by the lodge.
(43)

A ll costs

Less frequently, the union was also allowed space in the installation news­
paper to publicize its activities, usually under the same conditions as applied to
use of the bulletin boards.
The employer agrees that the union shall be permitted to use bulletin boards throughout the installation
for posting o ffic ia l union bulletins. A ll costs incident to reproduction, preparation and distribution of
such m aterial shall be borne by the union.
The union agrees that m aterial relating to partisan political matters, or m aterial which reflects
discreditably upon the integrity or m otives of any individual, another em ployee organization, or upon
the Federal Governm ent, shall not be posted.




42

The union agrees that a ll m aterial shall be submitted to the employer prior to posting.
Excepted
from this requirement are notices of union m eetings and notices of union elections.
The union
further agrees that m aterial shall be of current nature only, and shall occupy only a reasonable
amount of space.
The em ployer agrees to publish notices of union m eetings
for any one notice. The union agrees to submit notices
the em ployer. Items submitted w ill be reviewed by the
lication w ill be returned with a note stating the reasons
*

*

in the daily bulletin, not to exceed three
in such form as to obviate any editing by
em ployer, and those not suitable for pub­
for nonacceptance.
(74)

£

Space w ill be provided the union on bulletin boards and in the D epot's newspaper, "Soundings, "
provided that all m aterial is submitted to the employer in advance for review and approval.
(40)

Stewards and Representatives. About three-fifths of the agreements
(124) defined, at least in some measure, the rights and duties of employees who
functioned as union stewards, committeemen, representatives, or o fficers.1
1
Provisions were found in agreements negotiated by all except four agencies and by
19 of the 29 unions accounted for in this study. More than 90 percent of these
agreements pertained to employees in wage board or mixed units. Marked dif­
ferences among agencies and unions were noted in the treatment of such details
as the number of stewards, time allowed for designated activities, protection
against discrimination, and assignment limitations. In its briefest form, these
clauses in their entirety read as follows:
The union shall be authorized to appoint one steward and an alternate for each shift.
w ill be advised of the names of the em ployees appointed.
(60)
*

*

The agency

*

The area director agrees that to enable the officers and representatives of the council to discharge
their obligations and responsibilities under this agreement they shall be permitted to m eet and dis­
cuss matters pertaining to this agreement with area officials and supervisors during working hours, and
to process grievances, without taking leave or leav e without pay . . .
(77)
*

*

*

W hen specifically requested by an em ployee, an officer of the union m ay be authorized to leave his
work area without loss of pay, to discuss a specific em ployee grievance or com plaint.
T otal tim e
lost from the job w ill be kept to a m inim um and permission denied when tim e lost becom es e x ­
cessive. Permission w ill otherwise be granted in the absence of com pellin g circumstances. N orm ally,
arrangements w ill be m ade for the em ployee and union officer to m eet during the lunch period.
(11)

More often, however, the agreements stipulated the rules governing
stewards’ activities in greater detail, particularly the number of employees who
were to function in this capacity and the time allowed for such duties without
loss of pay.
Typically, a particular number or time limit was not specified;
rather, the agreements used terms such as "reasonable" or "not excessive. "
For example:
The employer agrees to recognize a reasonable number of shop stewards or craft com m itteem en
(hereinafter referred to as council representatives . . . ) duly authorized by the council as the repre­
sentatives of a particular area or craft on appropriate matters or grievances arising within that area
or craft.
The council shall supply the em ployer in writing and shall m aintain with the employer
on a current basis, a com plete list of all authorized council representatives together with the des­
ignation of the area or craft each is authorized to represent.

11 W hile a few agreements referred to these categories of union officials separately, in most cases they were
either treated alike or the terms were used interchangeably by different agencies. H en ce, the provisions concerning
these officials have been com bined in this report.




43

Reasonable tim e during working hours ("tim e a llo w e d ") w ill be allowed council representatives for
attendance at m eetings with the em ployer. Reasonable tim e w ill also be allowed for representatives
to discuss with em ployees grievances and appropriate matters directly related to the work situations
in their area or craft.
C ouncil representatives w ill guard against the use of excessive tim e in the
handling of such matters.
(58)
*

*

*

Labor Lodge 12 stewards shall be designated by Labor Lodge 12 and shall be recognized as em ployee
representatives for employees in the subdivision in which they are designated to be stewards.
The
union w ill supply the Department with their names, which shall be posted on appropriate bulletin
boards .

.

.

Stewards shall not use their offices for matters outside the scope of this agreem ent.
duct their business with dispatch.

They shall con­

(10)

Where the number of stewards or other officials were designated, the
provision was set forth in a number of ways.
Some agreements set a maximum
number; others referred to the number for particular shops, areas, districts,
etc. , or established ratios of stewards to employees in the unit.
The National Capital R egional O ffice recognizes the right of Local 1632 to designate job stewards
and alternates. The number of jo b stewards so designated shall not exceed two, plus an equal num ­
ber of alternates .

.

.

(49)
*

*

*

The em ployer recognizes the right of the AFGE to appoint four shop stewards within the unit to carry
out the responsibilities of the AFGE in representing the em ployees . . .
A com plete definition of
their zone of responsibility and the em ployees whom they are designated to represent w ill be set
forth . . .
(78)
*

*

*

. . . A ll work areas of the unit w ill be divided into districts by mutual agreement between the e m ­
ployer and the union. Districts as agreed upon shall be recorded as appendix " A " hereto. One steward
w ill be assigned to each district and that steward's activities w ill be restricted to his district and he
shall represent only those em ployees assigned to his district . . .
The em ployer agrees to recognize seven zone com m itteem en designated by the union.
Five zone
com m itteem en are to be assigned to zones m utually agreed upon and recorded in appendix " A " hereto
within the Overhaul and Repair Department, and there shall be one zone com m itteem an each for the
Supply Department and Public Works Department.
(42)
?j<

>je

*

. . . The number of stewards, including chief stewards, designated shall not exceed the ratio of 1
to every 100 nonsupervisory em ployees, or major fraction thereof, in the ungraded unit on each nor­
m ally scheduled shift, except in the case where this ratio provides less than one shop steward per
shop group, the council m ay designate additional shop stewards in excess of the above ratio to a
m axim um of one shop steward for each shop group where a norm ally scheduled shift is worked.
(6)

Some agreements which designated the number of stewards also listed
the amount of time they could normally spend on such duties.
It is agreed and understood that a total of nine shop stewards,
be appointed by AFGE Lodge 1539 . . .

and two alternate shop stewards w ill

Stewards w ill be perm itted to leave their normal work areas to perform duties .

.

.

only with per­

mission of their supervisor.
Supervisors w ill permit stewards not to exceed 3 hours per pay period
to carry out appropriate steward duties. Should more tim e be required by a steward, he w ill consult
with his supervisor and division or service chief. This permission w ill be granted in the absence of
com pellin g reasons which require the em ployee's presence at the tasks he is then performing.
(79)




44

. . . one m em ber of the unit shall be designated by the em ployee organization to perform shop stew­
ard duties . . .
This shop steward shall be allowed a reasonable amount o f tim e to perform the shop
steward duties, but in any event not to exceed 4 hours per month . . .
(80)

Many agreements required union representatives to comply with various
plant rules before engaging in authorized activities. Usually, permission of the
supervisor was to be obtained before leaving the work area and to report to him
upon returning to work. At times, permission of the supervisor of the depart­
ment entered was also necessary.
. . . It is understood that, permission of the im m ediate supervisor w ill be obtained for such absence
from normal work and that such permission w ill normally be granted in the absence of com p ellin g
circumstances.
(81)
*

*

#

Union representatives, when leaving their work area, shall first obtain permission and the required
pass from their im m ediate supervisor in accordance with Bureau regulations governing em ployee
m ovem ent within the buildings.
Permission shall also be obtained from the im m ediate supervisor
of any em ployee being contacted.
The representatives w ill report their return to work to their
supervisor . . .
(2)

A small number of agreements stressed that stewards or other repre­
sentatives would not suffer discrimination or be restrained in any way in carrying
out agreed upon duties.
. . . There shall be no restraint, interference, coercion, or discrimination against the representatives
because of the performance of such duties . . .
(82)
*

*

*

It is understood that all persons (including supervisors and stewards, but not lim ited thereto) involved
in em ployee-supervisor relations w ill assert themselves in a tem perate and gentlem anly manner in
their mutual dealings and w ill \ssume responsibility for conforming to appropriate standards of per­
sonal conduct. The employer agrees that chief stewards, stewards, council officers, and representatives
w ill not be discriminated or retaliated against or transferred from one work shift or shop to another
due solely to legitim ate em ployee organization activities perm itted under the provisions of applicable
NCPI's or this agreem ent.
(9)

A limitation on transfers of union officials, as illustrated above, was a
characteristic of a number of Navy contracts. Should a change in work or shift
have become necessary, the union was to be notified in advance, except where an
emergency situation ruled this out.
Under normal circumstances the employer agrees that no m em ber of the council conference com m ittee
or designated overall chairman of the shop stewards or craft com m itteem en w ill be transferred from
one work shift or shop to another.
W hen such transfers are necessary the employer w ill give prior
notification to the council if possible.
(58)
*

#

*

In the event it becom es necessary to transfer an authorized shop steward from one shift to another,
the employer agrees to give a 3 -d a y notice to the union prior to the effective date of transfer. It
is further agreed that the above procedure shall apply to the transfer of shop stewards from one cost
center to another, except that a 5 -d a y notice must be given to the union.
(83)

Visitation Rights.
The right of nonemployee union officials to visit the
installation to engage in union activities, participate in meetings with manage­
ment, or to discharge undefined ’’responsibilities under the agreement” was set
forth in 59 agreements, largely those covering Navy (33) and Army (1Z) facilities.
Provisions of this type were present in virtually all agreements negotiated by




45

unions of seagoing employees and local metal trades councils. Reference was usu­
ally made to the necessity of visitors complying with existing security regulations.
. . . During nonoperational periods and by prior arrangement, union representatives m ay visit e m ­
ployees aboard vessels covered by this agreement for the purpose of discussing union business and
affairs.

(84)
sj«

>;<

$

The employer agrees to arrange for the prompt adm ittance to the station of authorized representatives
of the council and its affiliated unions, upon approval of request to visit, in carrying out permissible
functions within the scope of their responsibilities.
A ll such visits shall be governed by national
security regulations.
(20)
*

*

*

Representatives of the union who are not em ployees m ay participate, by prior arrangement, in meetings
with m anagem ent representatives. Subject to obtaining prior permission from COMSTSGULF, or his
designated representative, as required by CMPI 7 2 1 .2 - 1 0 g , such union officials may visit union
ship representatives aboard ship for the purpose of preparing agenda items to be discussed with
COMSTSGULF. (85)
sje

>\<

sje

The project agrees that to enable the union to m eet and discharge its obligations and responsibilities
under this agreem ent, authorized representatives shall be permitted to visit the project and places of
work of the project during working hours, provided that in restricted areas they shall be accom panied
by a bureau representative.
Authorized union representatives shall confine their activities during such hours to matters relating to
this agreem ent, and w ill first make their presence known to the project representative.
(65)

One agreement dealt specifically with visitation rights during hazardous
operations, and established the following conditions:
Authorized representatives of the association w ill be permitted to go aboard floating plant covered
by the agreement upon request to the master of the vessel, when the plant is in port or not operating.
N orm ally, association representatives w ill not be permitted to board floating plant while in operation.
However, when there are m itigating circumstances an association representative m ay request per­
mission to go aboard the floating plant while it is operating.
Such a request w ill be submitted in
writing to the district engineer at least 24 hours in advance of the tim e it is desired to board the
vessel. The district engineer w ill consider the circumstances involved and w ill notify the association
representative of his decision in writing. The district assumes no obligation to transport association
representatives to and from vessels while in operation.
The association shall take out insurance which w ill protect the Government against any claim s, loss
of life , or injury occurring to a representative of the association while on the property or while on
board a vessel of the district.
(86)

Union Leave.
A leave of absence with or without pay to attend union
meetings or conventions, to hold full-time union office, or to accept other union
assignments was available to members under more than one-fourth of the agree­
ments studied.
As a rule, however, such leave was contingent upon work r e ­
quirements at the activity, as determined by the employer.
Navy agreements,
which accounted for the majority of these provisions, often read as follows:
Employees m ay, at the discretion of the em ployer, be granted leaves of absence without pay in
accordance with applicable statutes and regulations, including those contained in NCPI 6 3 0 .8 .
The em ployer agrees to give consideration to council officers' and representatives' requests for leave
with pay or leave without pay in accordance with applicable regulations to attend outside conferences,
conventions, or other special m eetings.
(27)




*

*

>
!<

46

W ritten notice to the em ployer by the union of election or appointment of em ployees in the unit to
a union office or as a delegate to a union activity w ill be accepted as a justification for leaves of
absence unless there are com pelling circumstances to the contrary. Should the application for leave
of absence be disapproved, the employer agrees to notify the union, in writing, of the reasons
therefor.
(45)

Where the period of leave was indicated, it was, in accordance with
agency regulations, for 1 year.
Any m em ber of the unit elected or appointed to a national office in the union shall be given leave
without pay upon application. In the event the em ployee so elected or appointed occupies a position
which could not be satisfactorily filled on a temporary appointment basis, m anagem ent m ay deny
the requested leave without pay. Leave without pay for the above purpose w ill not exceed 1 year,
but m ay be renewed upon appropriate application.
Elected delegates to a union function m ay be given annual leave or leave without pay to attend such
functions provided that the hospital is given 30 days' advance notice. Division or service chiefs m ay
accept less than 30 days' notice if work conditions perm it.
(37)

A few agreements, however,
without pay, for union business.

stipulated shorter leave periods with or

The employer agrees that the union m ay designate em ployee members as representatives elected or
appointed to a union office or as a delegate to any union activity necessitating a le av e o f absence,
not to exceed 15 workdays per year. Upon written notification to the employer by the union, such
em ployee shall be granted, insofar as possible, a reasonable amount of annual leave or approved
leav e without pay as appropriate.
(35)

Employees on an authorized leave of absence accrue all benefits to which
they are otherwise entitled. This was specifically spelled out in about 10 percent
of the agreements.
For example:
Journeyman pressmen in approved leave of absence without pay status shall accrue all rights and
privileges in respect to retirement status and coverage under the Group Life Insurance and Federal
Employees H ealth Program, in accordance with current laws and regulations.
(2)

*

*

sje

. . .
He shall not lose his seniority established at the tim e of the leave of absence and shall accrue
seniority subject to applicable C iv il Service regulations . . .
(8)

Fifteen agreements dealt with various aspects of reemployment rights of
employees returning from a leave of absence.
A n em ployee returning to service from leave without pay who has maintained all necessary quali­
fications w ill normally be returned to the job rating and pay status he enjoyed before going on le a v e .
If an em p loyee's status is changed during the period he was on le a v e , such changed status shall be
reflected upon his return to work.
(34)
> *
;<

>
;<

An em ployee absent on extended leave w ill normally be carried on the rolls during his absence in
the rating held at the tim e his leave com m enced.
The employer recognizes the bumping and retreat rights of an em ployee on leav e of absence in situ­
ations where the em ployee is affected by reduction-in-force action during his leave of absence.
(9)

Dues Withholding. Civil Service Commission regulations governing the
withholding of union dues by Federal agencies and transmittal of such dues to
employee organizations went into effect in January 1964. By late summer 1964,




47

37 12 agreements had incorporated dues checkoff provisions, although several of
these were concluded before the regulations were issued, to go into effect as
soon as permissible.
W hen withholding of lodge dues on a voluntary basis is authorized for Federal em ployees, the c o m ­
mander agrees that this practice will be im plem ented on the base, provided the lodge meets the
requirements of the applicable statutes, executive orders, or rules or regulations.
(82)

Most checkoff provisions spelled out this arrangement in extensive de­
tail, restating, in various forms, the points covered by CSC regulations, notably
such matters as authorization, remittances, revocation, and costs (2 cents per
deduction).
A rticle X X IV — Dues Deduction

Section
1.
The em ployer shall deduct dues from
the pay of a ll eligib le em ployees who voluntarily
authorize such deductions and who are em ployed
within the appropriate unit for which the council
holds exclusive recognition, in accordance with the provisions set forth herein.
Section 2.
Union dues (the regular, periodic amount required to maintain an em ployee in good
standing in his appropriate lo ca l union affiliated with the council) shall be deducted by the employer
from the em ployee's pay each payroll period when the following conditions have been m et:
a.
The em ployee is a m em ber in good standing of his appropriate lo ca l union affiliated with
the council or has signed up for membership in his appropriate lo ca l union subject to the payment
of his first month's dues through voluntary allotm ent as provided herein.
b.

The

em ployee's

earnings

are

c.
The em ployee has voluntarily
by the council.

regularly sufficient to cover the amount of the allotm ent.
authorized

such a deduction on Standard Form 1187 supplied

d.
The appropriate lo ca l union of the council, through its authorized o ffic ia l, has com pleted
and signed section A of such form on behalf of such affiliated lo ca l union.
e.

Such

com pleted form has been turned over to the

em ployer,

code 1351,

by the council.

Section 3.
The council is responsible for purchasing the standard allotm ent form prescribed by the
Com ptroller General; distributing it to its mem bers; certifying as to the amount of its dues; delivering
com pleted forms to the em ployer, code 1351; and educating its members on the program for a llo t­
ments for payment of dues, its voluntary nature, and the uses and availability of the required form .

Section 4 .
Deduction of dues shall begin with the first pay period which occurs after receipt of the
Standard Form 1187 by the em ployer, code 1 3 51, providing that Standard Form 1187 is received by
1000 hours of the Wednesday preceding the beginning of the biw eekly pay period.

Section 5.
The amount of the union dues to be deducted each biw eekly pay period shall rem ain
as originally certified on such allotm ent forms until a change in the amount of such dues is certi­
fied to by the authorized o ffic ia l, and such certification is transmitted to the em ployer, code 1351,
by the council.
Such change shall begin with the first pay period after receipt of the notice of
change by the em ployer, code 1351, or a later date if requested by the council.
Such changes
shall not be made more frequently than once each 12 months.
In addition, changes made as a
result of changes in membership classification such as promotion to journeym an, w ill be m ade upon
submission of a new Standard Form 1187, effective the beginning of the first pay period follow ing
receipt by the em ployer, code 1351. *

* 2 This figure would tend to underestimate the prevalence of such arrangements, since unions having obtained
form al recognition are eligib le to participate under C iv il Service Com m ission rules.




48

Section 6.
A n em p loyee's voluntary allotm ent for payment of his union dues shall be terminated
with the start of the first pay period following the pay period in which any of the follow ing occur:
a.

Loss of exclusive recognition by the council.

b.

Separation of an em ployee from the unit for which the council holds exclusive recognition.

c.
R eceipt by the em ployer, code 1351, of notice from the council that the em ployee has
been expelled or has ceased to be a m em ber in good standing of his lo ca l union. Such notice shall
be promptly forwarded by the council to the em ployer, code 1351.
Section 7.
A n allotm ent for the deduction of an em p loyee's union dues m ay also be term inated by
the em ployee through submission to the em ployer, code 1351, of a Standard Form 1188 or individual
substitute, properly executed in duplicate by the individual em p loyee.
Such duplicate shall be
promptly forwarded by the em ployer, code 1351, to the council. A termination of allotm ent under
this section shall be effective with the first full pay period follow ing either March 1 or September 1,
whichever is the earlier, provided the revocation is received by the em ployer, code 1351, by
such date.
Section 8.
The em ployer, code 1351, shall transmit to the council
after each regularly scheduled payday, the follow ing:
a.
Lists in duplicate
voluntary dues allotm ents.
number and name of each
include the total monetary
bers of such affiliated lo ca l

secretary-treasurer promptly,

for each affiliated lo ca l union of the council which has em ployees on
Each such list shall identify within each union dues code, the badge
em ployee, and the amount of his allotm ent deduction.
Each list shall
amount of a ll such allotm ent deductions m ade for the em ployee m e m ­
unions, together with the total number of such allotm ent deductions.

b.
A summary sheet in duplicate listing the total monetary amount of the allotm ent deduction
for dues made on behalf of each affiliated local unions identified by lo ca l union name and number.
T he summary sheet shall also include the grand total of all such monetary allotments deducted in
favor of all such affiliated lo c a l unions for the pay period covered and the grand total of the num ­
ber of allotm ent deductions m ade.
c.

A listing of em ployees who have term inated their deductions within the pay period.

d.
A check drawn on the Treasury of the United States and m ade payable to the council in an
amount equal to the grand total of a ll such monetary allotm ent deductions m ade, less 2 cents for
each deduction.
(87)
*

sje

*

Pursuant to the Basic Em ployee-M anagem en t Agreem ent between the Bureau of R eclam ation, U. S. D e ­
partment of the Interior, M iddle R io Grande Project, and the A m erican Federation of Government
Em ployees, AFL—
CIO Lodge No. 2 2 4 6 , approved February 2 8, 1 9 64, representatives of the project
and the union conferred on March 24, 1964, and agreed to adoption of the following plan with
respect to payroll deduction of union membership dues:
1.
Em ployee union members desiring to have union dues deducted from their pay must submit
a written request for such deductions to an authorized representative of the project.
2.
The project shall make such deductions from em ployees' wages only upon receipt of a properly
executed request, in duplicate, from employees on Standard Form 1187.
The original of the request
shall be retained by the payroll office and the copy shall be forwarded to the union.
3.
The form prescribed for authorization of payroll deduction of union dues shall be furnished
by the union.
4.
T he project shall effect requests for changes in the amount of allotm ents for the payment
of dues on the first day of the pay period beginning 4 workdays or more after requests have been
received.
5.
Changes in the amount of allotm ents for payment of union dues
frequently than once each 12 months.

m ay

not be made more

6.
Before the project m ay start payroll deductions for union dues, the union shall furnish the
project a written schedule of regular basic biw eekly dues applicable to members covered by this
agreem ent.




49

7.
A 2 -c e n t withholding fee w ill be charged by the project for each deduction made per pay
period for each em ployee.
8.
The union shall be furnished a biweekly list reflecting the names of members for whom
deductions were made and the amount of each deduction with appropriate totals on number of m e m ­
bers,

amounts withheld,

and amount of the 2 -c e n t fe e .

9.
The union shall promptly notify the project in writing when a m em ber is expelled or ceases
to be a m em ber in good standing so that the allotm ent for the em ployee can be term inated effective
with the close of the pay period in which the notice was received.
10.
Employees m ay terminate union dues allotments effective at the beginning of the first full
pay period after March 1 or September 1, whichever is earlier, by furnishing the project a written
revocation.
11,
The finance officer w ill send a copy of each written revocation received by the agency to
the union within 5 workdays after receipt.
(88)

Union-Management Activities
The Executive order provides that management and an employee organi­
zation designated as the exclusive representative "shall meet at reasonable times
and confer with respect to personnel policy and practices and matters affecting
working conditions, . . . "
This, as specifically stated, also encompasses the
negotiation of agreements. This section of the study describes the various policies
adopted by the parties to foster union-management cooperation and to reach agree­
ment on bargaining issues. Grievance procedures are discussed under a subse­
quent heading.
Cooperation Committees. About one-fourth of the agreements, distributed
over 14 agencies and 13 unions, established a variety of committees whose func­
tion was either to "improve cooperation" generally or to deal with somewhat more
specific problems, such as the elimination of waste, improvement in workman­
ship, employee morale, and other work problems. Negotiation of agreements or
the processing of grievances was explicitly or implicitly outside the scope of
these committees.
The following examples illustrate the kinds of joint committees estab­
lished to deal with mutual problems not otherwise identified*
In order to achieve the fullest possible benefits from the contributions of its em ployees, there is
established a joint Em ployee-M anagem en t C om m ittee to consist of an equal number of representatives
(not more than five and not less than two) chosen by the union from among its members and by the
m ain station supervisor from among his staff.
(89)
>[c

i\'

sjc

For the purpose of fostering better labor-m anagem ent cooperation the lodge shall select two repre­
sentatives and m anagem ent shall select two representatives from its supervisory staff to form a LaborM anagement C o m m ittee at each helium plant.
(90)

More typical, however, were clauses which addressed themselves to
specific problems of concern to the parties. For example:
A com m ittee of not more than three representatives of the em ployee organization w ill m eet with
representatives of m anagem ent from tim e to tim e as the need arises, to consider and make r e c com mendations to the activity head on the elim ination of waste, im provement of workmanship and
correction of conditions leading to a misunderstanding.
(68)
> > >
!« !< !<
The shop steward and the unit supervisor shall m eet from tim e to tim e , as m ay be reasonably ap­
propriate without interfering with the work of the unit, for the purpose of advising board m an ag e­
ment and union officials on any m atter which by cooperative action would improve relations between
em ployees and m anagem ent o fficia ls, and submission of advisory proposals for elim ination of waste;
conservation of materials and supplies; im provement of quality of workmanship and services; pro­
m otion of education and training; the correction of working conditions making for grievances and
misunderstandings; safeguarding of health and elim ination of em ploym ent hazards; the im provement
of working conditions and the strengthening of em ployee m orale, but not including grievances, dis­
agreements, or matters relating to rates of pay.
(47)




*

*

*

50

A regular m eeting w ill be held monthly between m anagem ent and the union.
Purpose of these
regular m eetings w ill be to review m an agem en t-em p loyee relationships, to identify possible problem
areas at an early stage, to provide management an informal report or " f e e l " for em ployee m orale
and to discuss any current problems or impending actions.
T im e and place of this m eeting w ill be
arranged and announced by m anagem ent.
(91)

Several agreements, in addition to listing the purposes of the committee,
also referred to its procedures and operations.
The employer and the union, having recognized that cooperation between m anagem ent and em ployees
is indispensable to the accom plishm ent of the purposes for which the activity has been established,
maintain and support a joint cooperative com m ittee as an effective means by which to foster such
cooperation.
This joint cooperative com m ittee shall give consideration to and make recom mendations to the
director on such matters as the elim ination of waste, the conservation of m aterials, supplies, and
energy, the im provement of quality of workmanship and services, the conditions of em ploym ent on
new or improved equipment or machines different from those now in use within the jurisdiction of
the em ployer, the promotion of education, the establishment of an effective training program, and
the correction of conditions making for misunderstandings.
This joint cooperative com m ittee shall consist of six m em bers. The three shop com m ittee members
shall represent the union and three members appointed by the em ployer shall represent m anagem ent.
A t each m eeting the com m ittee shall elect a nonvoting chairman from among its m em bers.
The
selection shall be made alternately from among the group of members representing the union and the
group of members representing m anagem ent. The com m ittee shall make its recom mendations to the
director in writing.
This joint cooperative com m ittee w ill m eet at the c all of either the union or the em ployer at tim es
m utually agreeable to both parties.
The party calling the m eeting shall provide to the other party,
at least 3 working days in advance of the m eeting, a written agenda of matters to be discussed.
Minutes shall be kept and copies supplied to the union.
(92)
i|c

>Jc

There shall be established im m ediately a com m ittee consisting of representatives of the union and
supervisory staff of the unit in equal numbers, not to exceed three.
However, the union and the
agency m ay each invite an o ffic ia l advisor.
This com m ittee shall m eet once every 3 months.
A n agenda shall be submitted by either party at least 5 working days prior to com m ittee m eeting.
Minutes shall be kept and the
m eetings.

agency

shall

provide the com m ittee

members

with minutes of all

Consideration by the com m ittee shall be given to such matters as the elim ination of waste, conser­
vation of materials . . .
The com m ittee shall report periodically to the officers of the union and the agency on any m a t­
ter which by cooperative action would improve relations between em ployees and m anagem ent
officia ls.

(93)

Union participation on single-purpose committees concerned, for ex­
ample, with incentive awards, food service, charity drives, and recreation, were
provided for in about 15 percent of the agreements. As a rule, more than one
committee was listed in the contract.
The em ployer agrees to allot to the union not less than 50 percent membership on a ll com m ittees
appointed to administer such e m p loyee-em p loyer activities as charity and bond drives, food service,
recreation, solicitation, w elfare, or other such com m ittees appointed to provide services or assistance
(not job related) to em ployees within the bargaining unit.
The m ethod of selecting the representatives
of the union w ill be as follows:
The union w ill furnish the em ployer, within 7 calendar days of request, a list of not less than tw ice
the number necessary to fu lfill the requirements, and the em ployer w ill select them from the list.
The union agrees that it w ill actively support such causes and that com m ittee members w ill be re c ­
om m ended who are considered capable of performing their functions w e ll.




51

The em ployer agrees to appoint to the incentive awards com m ittee two representatives nominated
by the union.
T o effect this agreem ent, the union agrees to submit a list of five names of e m ­
ployees of A R & SB and the em ployer w ill select from the list and appoint two em ployees to the
com m itte e .
(63)

The em ployer agrees that the council m ay have representatives on the boards and com m ittees not
covered elsewhere in this agreem ent, as follows:
a.

Puget Sound Naval Shipyard R ecreation Board of Directors, one m em ber.

b.

Puget Sound Naval Shipyard Incentive Awards C o m m ittee,
(1) Beneficial Suggestion Panel, two members.
(2) Superior Accom plishm ent Panel, one m em ber.

c.

Puget Sound N aval Shipyard Restaurant Board of Trustees, two members .

.

.

(58)

Negotiating Committees. While bargaining committees exist in all cases
where an agreement has been reached, references to such a committee, frequently
also defining its composition and procedures, were found in 112 agreements, or
more than half of those studied.
Seventeen of twenty nonpostal agencies were
parties to these agreements, as were 19 out of 29 employee organizations.
The
largest number of agreements, 53, applied to employees in mixed units, followed
by units of wage board (43) and classified employees (16), respectively.
Agreements

Employees
covered

Total -------------------------------

112

56,319

Agriculture-------------------------------Commerce---------------------------------D efen se------------------------------------Air F o r c e ---------------------------------Army-----------------------------------------N avy-----------------------------------------Health, Education, and Welfare Interior ------------------------------------L a b or---------------------------------------Treasury ----------------------------------Federal Aviation Agency-----------General Services AdministrationInterstate Commerce Commission
Railroad Retirement Board--------Smithsonian Institution------------Tariff Commission--------------------Veterans Administration------------

1
1
1
7
10
12
9
14
2
2
1
19
1
1
1
1
29

Agency

2,528
80
264
3,680
4, 431
10,500
12,245
724
4, 045
151
46
1,697
20
1,800
30
7
14,071

A number of agreements did little more than state the existence of a
negotiating committee.
The union and the payment center shall each select eight payment center em ployees to serve as its
negotiating com m ittee for the purpose of negotiations hereunder. Not more than four members of each
of these groups w ill attend and participate in conferences as a working group.
(94)
>[<

>[c

>!<

Working conditions affecting the em ployees covered by this agreement shall be determined through
the process of negotiation between the union and NAVO CEAN O .
For this purpose, the union
and NAVOCEANO shall elect a negotiating com m ittee which shall consist of em ployees within
N AVOCEANO, and other representatives designated by the union.
In addition to the negotiating
c om m ittee, other representatives of the union and other representatives of N AVO CEAN O , m ay be
permitted to attend the conference. (95)

Agreements negotiated by the General Services Administration specified,
by title or name, the management and union official who were to make up the
committee.




52

Procedures for the Consultation

and Negotiation of Issues Arising Under the Agreem ents.

In order of rank the contact representatives of the employer are: First line supervisor, second line
supervisor, third line supervisor of the section concerned, assistant buildings m anager, buildings
manager, area manager of area five, chief of buildings m anagem ent division, regional director of
public buildings service, and regional administrator of region seven.
In order of rank the contact rep­
resentatives of the em ployee organization are:
President, vice-p resid ent, welfare director, and craft
representative.
Regular m eetings
quarterly.

attended by

employer

and em ployee

organization representatives shall be

held

In attendance w ill be buildings manager, assistant buildings m anager, custodial force supervisor, or
any other supervisor required in accordance with the business to be discussed as shown by the agenda,
or their designee and the em ployee organization officers, president, vice-p resid ent, craft representative
or their designees or any other officer designated by the president who m ay be required in accordance
with the business to be discussed as shown by the agenda. The president shall notify the em ployer
of those designated to attend a m eeting and shall lim it his selection to three em ployee organization
representatives, unless m utually agreed that more might attend.
A ny meetings m ay be cancelled by
mutual consent of both parties.
Special meetings m ay be arranged at the request of either party.
A n agenda w ill be prepared in advance by a designated representative of the employer and w ill be
based on suggestions from employer and em ployee organization officials . . .
Minutes shall be m ade of the regular meetings attended by employer and em ployee organization
representatives, a copy of which shall be furnished to the em ployee organization.
(96)

A considerable number of agreements were silent on whether meetings
would be conducted during duty or off-duty hours; others, particularly those ne­
gotiated by the Veterans Administration, restated that part of section 9 of the
order which provides that
. . consultations and meetings . . . shall, when­
ever practicable, be conducted on official time, but any agency may require that
negotiations . . .
be conducted during . . . nonduty hours . . . n, as follows:
The negotiating com m ittee shall be made up of eight m em bers; four representing m anagem ent and
four representing the union.
Additional temporary members m ay be added by both parties to the
agreem ent, providing that membership for each party at any one tim e m ay not exceed a total of
six mem bers.
Ordinarily, negotiation meetings w ill be held on o ffic ia l tim e without charge to le a v e .
If such
meetings take an inordinate amount of tim e , the center director, at his discretion, m ay require that
these meetings be conducted during the nonduty hours of the em ployee representatives involved.
(97)

Less frequently, agreements provided that all time spent in negotiations
would be "off the clock. M
. . . Employees from th^ bargaining unit, including the m em bers of the local*s negotiating c o m ­
m ittee, who attend the conference shall be charged with leave or leave without pay.
(98)

Factfinding Committees/ The resolution of deadlocks in contract nego­
tiations can be a particularly troublesome issue in bargaining situations where
the union is not permitted to strike, the employer not permitted to resort to
lockouts, and where arbitration of contract terms, even of an advisory nature,
is prohibited. 13 At present, parties to Federal agreements have agreed on three
methods to overcome a bargaining impasse: (1) By means of a factfinding com­
mittee; (2) mediation; and (3) submittal of issues in dispute to higher authorities.
Various factfinding committees were established under the terms of about
one-fourth of the agreements, scattered over 10 agencies, with the Veterans Ad­
ministration accounting for about three-fifths of the total. Nine out of ten bar­
gaining units were made up of wage board or comprised both wage board and
classified employees.
13 Section 8 (b ) of the order permits advisory arbitration of grievances, but states that this does not apply to
"changes in or proposed changes in agreements or agency p olicy. "




53

Agreements

A rm y__________________________
N a v y __________________________
Health, Education, and WelfareInterior________________________
L a b o r -------------------------------------Treasury----------------------------------General Services Administration
Railroad Retirement B oa rd ____
Smithsonian Institution -----------Veterans Administration------------

20,126

5
1
3
9
1
1
1
1
1
29

Total

Employees
covered

52

Agency

1, 127
30
2,415
423
45
118
67
1,800
30
14,071

While some factfinding committees were made up of an equal number of
management and union representatives, others provided for an additional member
to be selected by the parties. The agreements, however, failed to indicate whether
the additional member was to be an outsider or could be an agency employee or in
some way connected with the parties. While the power of some committees was
limited to a statement of findings, to be presented to the negotiators, in a few
cases it extended to both findings and recommendations.
W hen an agreement is not reached in direct negotiation under this agreement, the chief of the pay­
ment center and the union shall, in good faith, exhaust a ll acceptable techniques of c ollective bar­
gaining. After all acceptable techniques of collective bargaining have been exhausted and there is
still an impasse in negotiations, a factfinding com m ittee as hereinafter provided for, m ay be appointed
to study the situation.
The findings of the factfinding com m ittee w ill be used by the negotiating
com m ittee to help resolve the issue . . .
The payment center chief determines the need for factfinding com m ittees as provided for in this
agreement,
after consultation with the union. Such com m ittees shall consist of an equal number of
representatives appointed by the payment center chief and the union president, respectively.
(52)
>
!<

>',<

-v

W hen agreement cannot be reached upon working conditions or matters subject to negotiation, the
negotiating parties shall submit the dispute to a joint factfinding com m ittee consisting of five m e m ­
bers, two selected by the agency, two selected by the union and the fifth m em ber w ill be selected
by the four members.
The factfinding com m ittee shall ascertain the facts involved and submit its findings and recom m end a­
tions to the negotiating parties within 10 days.
(99)
>!<

*

s|e

W hen agreement cannot be reached on any matter(s) subject to negotiation or being negotiated .
such m a tters) shall be submitted by the negotiating parties to a joint factfinding c om m ittee.
The factfinding com m ittee shall consist of five members, two selected by the em ployer .
selected by the union . . . and the fifth selected by the four members.

.

.

.

.

two

The factfinding com m ittee shall ascertain the facts involved and submit a report of its findings and
recom mendations to the negotiating parties within 10 days.
The negotiating parties shall then, if possible, resolve the
findings and recommendations so reported.
(100)

disputed

matter(s) in the light

of the

Typically, VA agreements specifically ruled out recommendations by
factfinding committees.
These agreements were also unique in the procedure
set forth on how to resolve issues still in dispute.
When agreement is not reached after serious and diligent
submit the issue to a joint factfinding com m ittee.




negotiation,

the parties hereby agree to

54

The com m ittee shall consist of three VA em ployees; Veterans Administration Hospital . . . m anage­
ment and Lodge 331 . . . shall each appoint one m em ber and these two shall select the third m e m ­
ber.
No m em ber of the negotiation com m ittee shall serve on the factfinding c o m m ittee.
The issues in dispute w ill determine the amount of tim e to be granted the com m ittee in securing
the facts.
The parties w ill, upon submitting a disagreement to the factfinding c o m m ittee, set a
specific date for the com m ittee to report.
O ffic ia l duty tim e shall be allow ed the com m ittee for
discharging its functions.
The com m ittee shall, by inquiry, research and conference, ascertain the exact facts at the basis of
the dispute and submit their findings, without recom mendations, to the negotiating parties for
consideration.
The parties w ill consider the facts submitted by the com m ittee and w ill make at least one more
effort to reach agreement within 30 days after receipt of the report.
In the event the parties are
still unable to reach agreem ent, negotiations on the disputed issue w ill terminate at the end of the
3 0 -d a y period.

(1 0 1)

In several agreements, particularly those negotiated by the Department
of the Interior, a factfinding committee was set up before negotiation got under­
way so as to help define the issues before the parties.
These agreements, it
should be noted, also provided for subsequent mediation and, should this turn out
to be unsuccessful, for referral to a higher agency official to render a final and
binding decision.
The factfinding clause read as follows:
Prior to such negotiations, the regional director and the union shall set up a joint factfinding com ­
m ittee for the purpose o f establishing any relevant facts pertaining to rates o f pay, job com parability,
and working conditions.
Consideration shall be given by the negotiating com m ittees in their nego­
tiations to any facts so established and to such other evidence as m ay be submitted by either
party.
(102)

Mediation. The use of qualified neutrals to help resolve contract dis­
putes was provided for in a relatively small number of agreements (24), with onehalf of these accounted for by a single agency, the Department of the Interior.

Agreements

Employees
covered

T o t a l-----------------------------

24

7,897

Agriculture____________________
Commerce-------------------------------D efen se----------------------------------Army---------------------------------------N avy---------------------------------------In te rio r----------------------------------General Services Administration

1
1
1
6
2
12
1

2,528
80
264
3,697
548
697
83

A gency

Mediation, as the term is customarily understood, is a process whereby
a neutral assists the parties, at their request, in reaching an agreement and
was so treated in the majority of the contracts.
At such tim e as negotiations reach an impasse, either party m ay invoke the services o f a m ediator
who shall be the joint selection o f both parties.
The m ediator shall use his best efforts to bring the
parties to agreement by m ediation. Expenses arising from em ploym ent o f a m ediator shall be borne
equally by the union and the project.
(65)
#

s
jc

>)<

It is agreed by the em ployer and the em ployee organization that in the event o f disputes that occur
during negotiations, and it is patently clear that agreement cannot be reached, a m utually agreeable
third party w ill be used to develop facts and m ediate on an advisory basis. Such m ediation w ill not
be construed or considered as advisory arbitration as provided in section 8 and 11 o f Executive
Order 109 8 8 .
(103)




55

In a few agreements, however, the mediator was also empowered to
issue recommendations for settlements, a practice not usually found in agree­
ments in private industry.
If consultation and negotiation on a negotiable matter fail to produce an am icab le agreem ent, it
shall be the prerogative of either the head of the agency or the union to request the use of a dis­
interested third party for developm ent of facts bearing on the dispute and for the presentation of an
advisory recom m endation. The use of such advisory m ediation shall in each instance be subject to
the approval of the head of the agency and the union. The selection of a mediator shall be lik e ­
wise subject to the approval of the head of the agency and the union.
(104)

. . . After three such meetings are held, if the matter remains unresolved, the corporation and the
union shall submit the problem to an impartial expert, m utually agreed upon, who shall weigh the
facts presented by both sides and endeavor to m ediate a settlem ent. The mediator shall document
his actions and advice in the performance of his functions and present a copy thereof with his re c ­
ommendations for settlem ent to both sides. His services shall be terminated as the parties m ay decide,
provided that the m ediation period shall not extend beyond a 3 -d a y period unless agreed upon between
both parties. The cost of the services of the mediator shall be paid by the corporation and the union
in equal shares.
(31)

If an impasse in negotiation has been reached, representatives of m anagem ent and the association
m ay, upon mutual agreement to m ediate, m eet within 10 days to agree upon the selection of a
mediator from within the Federal Government Service.
If agreement cannot be reached, then either
the association or m anagement m ay request the Federal M ediation and C onciliation Service to submit
a list of five impartial persons qualified to act as mediators. The parties w ill m eet within 5 days
after the receipt o f such a list.
If they cannot m utually agree upon one of the listed mediators,
then m anagement and the association successively w ill each strike one m ediator's name from the
list of five, and shall then repeat this procedure.
The remaining name shall be that of the duly
selected mediator. The mediator w ill be requested to m eet with the parties, study the issues, and
make recommendations and suggestions designed to assist the parties in resolving the matters at
issue.
(105)

As the above clauses indicate, the cost of the service, where indicated,
was to be shared equally by the parties. In one agreement, however, the em­
ployer agreed to pay expenses for negotiations and mediation if the dispute reached
designated agency and union levels:
Expenses for the national joint council chairman, the service le v e l negotiating com m ittee,
mediator in the resolution of impasses shall be borne by the service or division.
(106)

and the

Decision and Appeals. Finally, should the negotiators, with or without
the help of factfinding and/or mediation, be unable to resolve an impasse, they
could, under the terms of about one-fourth of the agreements, submit the issues
in dispute to an agency official for a final and binding decision.
This method of
arriving at a contract settlement was a feature of agreements in the Depart­
ment of the Interior and the General Services Administration, as the following
clauses illustrate:
If efforts to bring about agreement through m ediation are not successful, the dispute shall be sub­
m itted by the parties to the Director, Bureau of C o m m ercial Fisheries, for consideration of the merits
and his decision shall be final and binding on both parties to the dispute.
Copies of briefs, docu­
mentary evidence, statements by the mediator, or other m aterial filed with the bureau director as
pertinent to the dispute by either the regional director or the union shall be furnished to the other
party to the dispute.

(107)
>
;<

>
jc

Impasses between the employer and the em ployee organization m ay be submitted to the Administrator
of GSA.
The two parties m ay submit a joint statement in writing explaining the issue and their
differing points of view , or they m ay submit separate statements.
If deem ed necessary, the adm in­
istrator or the assistant administrator for finance and administration m ay require further investigation
or hearing at the lo ca l le v e l.
The decision of the administrator w ill be binding upon all c o n ­
cerned.
(108)




56

In contrast, in a few agreements, the authority of higher management
was limited to an advisory opinion, for consideration by the negotiators:
If the problem is not resolved after the negotiating parties exam ine the /fa c tfin d in g / com m ittee re­
port, the matter shall be referred to the Department le v e l for an advisory opinion, and a copy of the
referral sent to the National O ffice of this Federation.
(99)

Finally, issues not settled at the local level could also be referred to
higher management and union levels for further negotiations.
If the j/negotiatin^y com m ittee is unable to agree upon any negotiable matter properly before it for
consideration, the dispute w ill be referred to the Department of the A rm y, Washington, D. C . , through
channels, and the International Brotherhood of Electrical Workers, Washington, D . C . , for decision.
The resulting agreement shall then constitute a supplementary agreem ent, or an am endm ent to this
agreement, as appropriate.
(30)
>\<

jjc

In lieu of the use of such /T actfinding/ com m ittee, the union and the employer m ay agree to
an impasse reviewed at higher levels in both the Arm y and the em ployee organization. (74)

have

Grievances and Arbitration
The term "grievance" has a more limited application in the Federal Serv­
ice than in private industry. 14 Chapter 771 of the Federal Personnel Manual
describes a grievance as "a matter of personal concern or dissatisfaction to an
employee the consideration of which is not covered by other systems for agency
review. " Employee grievances may include matters such as working conditions,
relationships with supervisors, management decisions covered by the agency’ s
grievance procedures, and implementation of personnel policies and employee management agreements. Grievances can be initiated by an employee or group
of employees; they may not be initiated by an employee organization, although
an organization may represent employees in a grievance action.
Each
Commission,
agencies may
recognition.

agency, subject to broad standards issued by the Civil Service
is free to establish its own grievance system. Within its system,
negotiate specific procedures applicable to an exclusive unit of
Such procedures may include provisions for advisory arbitration.

The President's task force, after an extensive study of agency griev­
ance systems, stated that "most large agencies of the Government in which em ­
ployee organizations are active will find it both necessary and desirable to pro­
vide such organizations with a recognized role in the grievance system . . . "
In addition, it recommended that a provision for advisory arbitration may be
included in agency agreements. It further suggested that agreements should not
"be allowed to impair the right of an individual employee to handle his own
grievance . . . and to choose his own representative.
However, a repre­
sentative of an organization granted exclusive recognition has the right to be
present at such proceedings. " These points were subsequently incorporated
in the Executive order as follows:
Section 8 .
(a) Agreem ents entered into or negotiated in accordance with this order with an em ployee
organization which is the exclusive representative of em ployees in an appropriate unit m ay contain
provisions, applicable only to em ployees in the unit, concerning procedures for consideration of
grievances.
Such procedures (1) shall conform to standards issued by the C iv il Service Com m ission,
and (2) m ay not in any manner diminish or impair any rights which would otherwise be available
to any em ployee in the absence of an agreement providing for such procedures.
(b) Procedures established by an agreement which are otherwise in conformity with this section m ay
include provisions for the arbitration of grievances.
Such arbitration (1) shall be advisory in nature
with any decisions or recom mendations subject to the approval of the agency head; (2) shall extend
only to the interpretation or application of agreements or agency p olicy and not to changes in or
proposed changes in agreements or agency policy; and (3) shall be invoked only with the approval
of the individual em ployee or em ployees concerned.

14 For an analysis of policies in private industry, see Major C o lle c tiv e Bargaining Agreem ents:
cedures (BLS Bulletin 1 4 2 5 -1 , 1964).




Grievance Pro­

57

The present study reveals that one of the points or more mentioned in
the Executive order have been incorporated in about two-thirds of the agreements.
Most, to be sure, simply refer to notice to the union that a grievance has been
filed or emphasize an employee’ s right to process a case on his own.
A con­
siderable number, however, have established a variety of procedures patterned
after those in private industry, spelling out such matters as its scope, proce­
dural steps, time limits, and the conduct of (advisory) arbitration hearings. It
is also an area marked by a diversity of approaches among agencies and unions,
which defy easy categorization as indicated by the illustrations cited in subse­
quent paragraphs.
Rights of Union and Individual. The single most prevalent reference
to grievance matters, found in about two-thirds of the contracts, was a state­
ment that the union was to be notified or be present at formal grievance pro­
ceedings in cases, presumably, where the employee had not selected it as his
representative.
The right of the employee to initiate and process a grievance
unaided by the union was emphasized in more than one-half of the agreements,
often by offering him a choice between the agency and the negotiated procedures.
As exclusive representative . . . the lodge shall have the right to consult with m anagem ent at any
stage of a grievance . . . The lodge shall have the opportunity to be represented at discussions b e ­
tween m anagement and em ployees or em ployee representatives concerning form al grievances.
The
lodge m ay also provide an em ployee with a representative to represent and assist him in the pre­
sentation of a grievance . . . when desired by the em ployee concerned . . .
The lodge shall be notified of grievances when they are submitted in writing .
Nothing in this section precludes an em ployee from
represent him in a grievance . . .
(109)

designating the

.

.

union or any other person to

. . . this agreement does not preclude any em p loyee, regardless of em ployee organization m em b er­
ship, from bringing matters of personal concern to the attention of appropriate officials . . .
or
from choosing his own representative in a grievance or appeal action.
. . .
A representative of the union shall be given the right to be present when an em ployee in the
unit presents his grievance or appeal to m anagem ent . . . (110)
vU

v»c

Any individual em ployee, or group of em ployees, shall have a right at any tim e to present grievances
and have such grievances adjusted without representation of the union as long as the adjustment is not
inconsistent with the terms of this agreement, providing further that the proper union representative
shall have been given the opportunity to be present at such adjustment.
If not more than two e m ­
ployees are involved in such a situation and neither requests representation by the union, the union
representative shall still have the right to be present at all discussions and hearings with his attendance
at the proceedings charged to his annual leave or LWOP, at his discretion.
(53)

The com plaint or grievance w ill first be presented by the aggrieved em ployee and representative of
his choice if he desires one . . . /t h e e m p lo y e e / w ill . . . indicate in writing on a form mutually
agreed to by the employer and the union, the choice of either this negotiated grievance procedure
or established Coast Guard appeals or grievance procedure as appropriate . . .
If the em ployee
selects the Coast Guard general procedure, and if the em ployee does not choose a union member
as his representative, the union w ill be given the opportunity to have an observer present at d is­
cussions between the em ployee and supervisory officials concerning the grievance . . . (63)
>
!<
The union has the right to . . .

'!'

be present throughout a grievance hearing as an observer in the event

the em ployee does not choose the union to represent him .

(Ill)

An em ployee has the right to select whomever he desires to represent him .
The union shall have the follow ing rights in form al grievances:
(1)
T o be notified of the tim e and place of the proceedings at each step of the grievance.
(2) T o be present at all steps of the grievance.
(3)
T o be furnished with a copy of the written decision and summary, at any step at which a
written decision and/or a summary is involved.
(4)
T o have an opportunity to state its position on grievance whether or not it is the designated
representative of the aggrieved.
(112)




58

A few agreements which specifically gave the union the right to exer­
cise its judgment whether to process a grievance also permitted it to pursue the
particular issue on its own, in the following manner:
Nothing in the procedure set forth in this article shall be construed as to in any manner diminish or
impair any rights which would otherwise be available to an em p loyee in the unit.
Nothing in this
agreement shall be so interpreted as to require the council to represent him , if the council considers
the grievance to be invalid or without m erit.
If at any step o f the grievance procedure set forth
herein the aggrieved em ployee decides to accept the decision rendered by the responsible o ffic ia l
of the employer, the grievance shall be term inated.
However, if the council feels that a significant
issue of general application still requires resolution, the council m ay pursue the matter under the
provisions of A rticle V , matters Appropriate for Consultation and N egotiation.
(38)

Scope of Procedures. The scope of the grievance
fined either by listing the types of disputes subject to it or
issues excluded from the process.
In the latter case, the
referred to separate appeals procedures which, as set forth
and regulations, could be invoked for particular issues.

procedure was de­
by also stating the
agreement usually
in applicable rules

Generally, grievances relating to the interpretation and application of the
agreement were admissible, as were complaints about working conditions. Issues
frequently excluded were those dealing with various disciplinary (adverse) actions,
security clearances, reduction-in-force, and equal employment opportunities.
An em ployee or group of em ployees m ay present in writing any disagreement with the com mission
growing out of grievances related to the application or interpretation of this agreement . . .
(46)
> > >
!< :< !<
Be "g r ie v a n c e " we m ean an em ployee's feelings of dissatisfaction with some aspect of his em p loy­
ment or with a m anagem ent decision affecting him .
For exam ple, dissatisfaction with working condi­
tions or work relationships; promotional disputes; b e lie f that an admonishment or reprimand is un­
justified; or com plaints arising from reassignments and transfers for administrative purposes.
(37)
%

> i<
!< |

. . . These procedures apply to an em ployee's expressed fe e lin g of dissatisfaction with aspects of his
working environment or work relationships and m anagem ent decisions concerning them which are out­
side his control.
The procedures also cover the application of established personnel practices and
the interpretation and application of this agreem ent. These procedures do not apply to cases in which
other Coast Guard, Treasury, or C iv il Service Com m ission regulatory or statutory appeals procedures
are applicable . . . (63)
s[c

>|c

>jc

T o provide for the m utually satisfactory settlem ent of questions involving the interpretation or appli­
cation of this agreement or any alleged violation thereof, or any other dispute which m ay arise b e ­
tween the parties, or with the interpretation or application of agency policies and regulations.
G riev­
ances resulting from the follow ing types of actions w ill not be considered under this agreem ent, as
separate avenues of appeal are established:
R edu ction s-in -force (NCPI 351)
Position classification (NCPI 512)
Performance ratings and related letters (NCPI 430)
Discrimination and Government em ploym ent policy (NCPI 713)
Incentive awards (NCPI 450)
Adverse action under EO 10450 and failure to be cleared for sensitive duties (NCPI 732)
Ungraded rating determinations, wage determinations and pay alignments (NCPI 531)
Nonselection for promotion when the sole grievance is an allegation by an em ployee that he is
better qualified than the person selected (NCPI 770)
Letters of caution or requirement (NCPI 750)
Adverse actions involving discharge, suspension for more than 30 days, reduction in rank or
compensation, or furlough without pay (NCPI 7 7 0 ). (20)




59

Procedural Steps. The process by which a dispute moved from the ag­
grieved worker through successive steps involving higher levels of union and
management to final settlement was stipulated in slightly less than 50 percent
(96) of the nonpostal agreements. Such procedures were negotiated by 15 agencies
and 19 unions, in all but eight cases for employees in wage board or mixed units.
A number of these also described such procedural aspects as time limits, wit­
nesses, and the availability of pertinent records and transcripts.
Agreements

Employees
covered

Total-------------------------------

96

80,778

Agriculture------------------------------Commerce-------------------------------Air F o r c e -------------------------------Army---------------------------------------Navy---------------------------------------Health, Education, and Welfare
In terior----------------------------------Treasury ---------------------------------Civil Aeronautics Board---------Federal Aviation Agency---------Nadonal Labor Relations Board
Railroad Retirement Board------Smithsonian Institution-----------Tariff Commission-------------------Veterans Administration-----------

1
3
1
16
40
1
14
3
1
3
1
1
1
1
9

2,528
230
1,430
8,620
59,693
14
724
464
11
793
42
1,800
30
7
4, 392

Agency

A relatively simple procedure is represented by the following:
The shop steward of the em ployee concerned w ill attem pt to settle the problem with the line super­
visor and is lim ited to the le v e l of the line supervisor in voicing the position of the em ployee and
the AFGEC
In the event that the shop steward and the line supervisor cannot settle the area of dispute to the
satisfaction of both parties, the AFGE chief steward is then authorized to take the AFGE and the
em ployee's views to the department head . . .
W hen the department head and the chief steward cannot solve the problem,
ment in principle or lim it of authority, the business agent of the AFGE
position known to the employer or his designated representative.

either due to disagree­
m ay make the union's

If the business agent and the appointed m anagem ent official cannot resolve the grievance, the final
step in the lo ca l grievance action w ill be consultations between AFGE officials of the Santa Ana Unit
of Lodge 1881 and representatives of the em ployer. A written transcript of the final lo ca l grievance
action w ill be kept in the sam e manner as hearings under NCPI 7 7 0 .
(78)

Provisions on procedural matters, where found, generally dealt with
time limits and other aspects described below:
The dispute or grievance shall first be taken up by the steward, the aggrieved em p loyee, and the
appropriate supervisor of the em ployee involved.
The supervisor must give his answer within 3
working days.
If no satisfactory settlem ent is reached between the steward and the supervisor, the grievance shall be
reduced to writing on a form m utually agreed to by the employer and the council and submitted
by the chief steward within 3 working days to the department head concerned, who, with lesser
ranking supervisors concerned, shall m eet with and discuss the grievance with the chief steward,
the steward and the aggrieved em ployee or em ployees within 3 working days after receiving the
grievance.
If no satisfactory settlem ent is reached between them within the next 3 working days,
then the grievance m ay be referred by the chief steward to the appropriate council officer for proc­
essing.
It is agreed by both parties to this agreement that at this point the aggrieved em ployee w ill
indicate in writing the choice of either the council's grievance procedure, a part of this agreement,
or the Navy Grievance Procedure . . .
If the council's grievance procedure is follow ed,
appeal
to step 3 must be within 3 working days .




.

.

60

Upon receipt of request from the appropriate officer of the council, the head of the activity, or his
designated representative with such m anagem ent personnel as he deems necessary or desirable, shall
arrange to m eet within 3 working days with appropriate officers of the council, the chief steward
and the aggrieved em ployee or em ployees, in an effort to reach a satisfactory settlem ent of the
grievance or dispute.
In the event the grievance or dispute is satisfactorily settled, such settlem ent
shall be reduced to writing and copies supplied to a ll persons involved.
If the council is not satisfied
with the settlem ent offered or the position taken on the dispute or grievance by the head of the
agency, they m ay, within 30 calendar days thereafter, make form al request . . . that such unresolved
grievance . . .
be submitted to impartial arbitration . . .
Any grievance not taken up with the em ployee's im m ediate supervisor within 10 days after the o c ­
currence of the matter out of which the grievance arose, such grievance shall not be presented or
considered at a later date. A ll tim e lim its specified in this article shall be exclusive of Saturday,
Sunday, and holidays.
Extensions m ay be m utually agreed upon to provide for unusual cases.
A t each and every step of the grievance procedure, the council shall be permitted to c a ll relevant
em ployee witnesses who shall suffer no loss of pay for so serving.
The employer w ill, upon request,
produce pertinent payroll and other records insofar as permissible without violating laws, regulations,
and governm ental p olicy, for the purpose of substantiating the contentions or claim s of the parties,
w ell in advance of the form al third step of the grievance procedure.
Failure of m anagem ent to answer written grievances within the tim e lim its prescribed in each step
of the grievance procedure shall permit the council to refer the case to the succeeding step of the
procedure.
(20)

An element in the procedure of about one-half of the agreements covering
grievances was the availability of a joint hearing or factfinding committee, usually
at a later state of the process. The composition of these committees and their
function in the grievance machinery are set forth in the following excerpts:

Every effort shall be made to settle any grievance im m ed iately , but if the grievance is not satis­
factorily settled within 5 working days, it m ay be appealed through supervisory channels to the
appropriate department chief. If it is not then satisfactorily settled within 5 working days, it m ay
then be appealed to the personnel officer or other appropriate staff officer, and shall be discussed
by the personnel officer or his designated representative and the president of the union or his repre­
sentative.
If it is not then satisfactorily settled within 5 working days, it m ay be referred to the
joint hearing com m ittee by either party . . . The joint hearing com m ittee shall make a report of
its hearing and findings to the com manding officer within 10 working days . . .
The union and the . . . agency shall each appoint two members and two alternates to joint hearing
com m ittees composed of agency em ployees which shall hear all grievances not otherwise settled . . .
The members of the join t hearing com m ittees shall organize by selecting a chairman and a secretary,
which offices shall be fille d and held for 1 year alternately by a union m em ber and a department
m em ber of the com m itte e .
The com m ittees shall form ulate rules for the conduct of proceedings consistent with guidelines estab­
lished by the C iv il Service Com m ission for the conduct of hearings.
(5)
s
j<

*

Step 1.
Presentation, in person or in writing, of grievance to the im m ediate supervisor within 10
days after the crew m em ber learns of the circumstances giving rise to the dissatisfaction.
Wherever
possible, the supervisor w ill give his decision in 24 hours.

Step 2.
If not satisfied with the im m ediate supervisor's decision, or if the supervisor cannot act on
tEe" grievance, presentation of the grievance, personally or in writing, within 24 hours to the depart­
ment head.
Wherever possible, the department head w ill give his decision within 24 hours.

Step 3.
If the crew m em ber is not satisfied with the department head's decision, he m ay within
24 hours appeal to the first stage of appeal, the master, in writing, via the department head.
The
letter w ill follow the outline of CMPI 7 7 0 . 2 -4 a .
The purser w ill provide technical assistance and
typing aid to the crew m em ber.




61

Step 4 .
W ithin 48 hours after receipt of the appeal, the master w ill appoint a grievance hearing
com m ittee to conduct a hearing.
The com m ittee shall consist of one department head and two
additional m em bers, all of whom shall be from departments other than that of the appellant.
One
of the additional mem bers shall be a m em ber of the unit to which this agreement is applicable.
The com m ittee w ill conduct a hearing in accordance with CMPI 7 7 0 . 2 -4 d .
W ithin 5 days after the
conclusion of the hearing, the com m ittee w ill submit to the master a copy of the hearing record
and the c o m m ittee's findings of fact. A copy of the report shall be furnished the appellant and his
representative, and another copy w ill be furnished to CO M STSLAN TAR EA for transmission to the
union.
The master w ill notify the em ployee in writing of his decision within 3 calendar days after
he receives the c o m m ittee's report.

Step 5.
If the crew m em ber is not satisfied with the decision of the master, he m ay appeal via
the master to C O M STSLAN TAR EA, the second stage of appeal.
This appeal must be in writing and
be submitted within 5 days after receipt of the master's decision.
If requested by the crew m em ber,
the purser w ill provide technical assistance and typing aid. A copy of this appeal w ill be furnished
the union.

Step 6.
The union, within 5 days after receipt of the copy of the appeal w ill notify C O M ST SLA N T ­
AR EA, in writing whether it wishes to submit a statement of its position on the appeal.
If the union
does so indicate, it w ill submit such statement in writing within 10 days after the date of notifi­
cation to CO M STSLANTAR EA for his consideration before decision. In such case, CO M STSLAN TAREA
w ill not make his final decision until after expiration of the tim e in which the union can submit a
statement of its position.
In any event, COM STSLAN TAREA w ill render his decision within 30 days
after receipt of the seam an's appeal, wherever possible.
(113)

As noted in earlier clauses, the agreement frequently gave the employee
a choice between the negotiated or the agency procedure in settling grievance
disputes. In several agreements negotiated by the Veterans Administration, how­
ever, the negotiated procedure applied only to what was termed "informal1 adjust­
1
ments; for grievances not resolved at this stage the agency procedure had to
be used.
The following procedure is an alternate and optional method that
settlem ent of grievances by em ployees of the bargaining unit:

m ay be

used for the informal

First Step:
The em ployee w ill first take up his grievance with his im m ediate supervisor.
The
request for the informal adjustment of a grievance should be made as soon as possible and not later
than 30 days from the date of the incident or circumstances com plained of occurred.
The super­
visor is expected to give full and fair consideration to all available facts.
He w ill see that any
matters for which he does not have authority to make a decision, are brought to the attention of a
higher le v e l supervisor who does have authority. A decision w ill normally be given within 5 working
days, with the reason for the decision explained.
Any reason for delay w ill also be explained.

Second Step:
If the em ployee is not satisfied with the decision of his supervisor, he m ay present
the facts of the case to the com m itteem an assigned to his area to assist him in the informal settle­
ment of the grievance.
The com m itteem an may discuss the grievance with the supervisor in an
effort to effect a satisfactory settlem ent.

Third Step: If the em ployee is still not satisfied with the decision of his supervisor and if he desires
to pursue his grievance further with union assistance, he shall present the facts of the case in writing
to his com m itteem an , and request the com m itteem an to engage the assistance of the chairman of the
grievance com m ittee.
The chairman of the grievance com m ittee w ill discuss the grievance with the
chief of the division or service where the aggrieved em ployee is assigned.
The chairman of the
grievance com m ittee or the chief of the division or service m ay seek the advice and assistance of
the personnel officer.
The personnel officer m ay also be invited by either party to participate in
the discussion(s). W ithin 5 working days the chairman of the grievance com m ittee w ill furnish the
em ployee a signed statem ent summarizing the results of the discussion(s) with the chief of the d iv i­
sion or service.
The chief of the division or service w ill also sign the statem ent.
If the grievance is not settled inform ally, the em ployee
outlined for grievance hearings.
(114)




m ay then use the

existing V A

procedure

62

In one case, the employee was free to abandon the negotiated for the
agency procedure at any time.
Before, during or after the em ploym ent of the procedure above set forth, the aggrieved em ployee
m ay abandon the said procedure and proceed under the grievance procedure provided by the Depart­
m ent of Health, Education, and W elfare Personnel M anual.
(53)

Advisory Arbitration. Two-thirds of the 96 agreements establishing
a grievance procedure permitted advisory arbitration of unsettled disputes as
the next to the last step.
The recommendations of the arbitrator were to be
considered by the designated agency official authorized to make a final and
binding decision.
Agreements

Agriculture---------------------Commerce------------------------Army--------------------------------Navy--------------------------------Interior---------------------------Treasury--------------------------Civil Aeronautics Board —
Federal Aviation Agency —
Railroad Retirement Board
Veterans Administration-—

62,926

1
2
13
25
14
3
1
1
1
2

T o ta l----------------------

Employees
covered

63

Agency

2,528
180
5,537
50,151
724
464
11
674
1,800
857

Advisory arbitration clauses shared a number of characteristics.
The
selection of the arbitrator was initially left to the parties; should they fail to
agree, the Federal Mediation and Conciliation Service or another organization
was to furnish a list of qualified candidates. Costs were to be shared equally,
although, in some cases, agency expenditures could not exceed an amount set
by regulations.

If the em ployee wishes to take the grievance to arbitration, the assistant director-^health and safety—
shall appoint an arbitrator recom m ended by the district supervisor and the president of the lodge.
The arbitrator shall study all records of the case and conduct such investigations as he m ay deem
necessary. He shall then recom m end a settlem ent to the assistant director—
administration, Bureau
of Mines, Washington, D. C . —
through the assistant director—
health and safety—
with copies to the
district supervisor, the lodge, and the em ployee. The assistant director—
administration's decision on
the advisory arbitration recom m endation w ill be final and binding on both parties.
This constitutes
the final disposition of the case under the authority of this agreement.
The expenses of arbitration including the compensation and expenses of the arbitrator shall be borne
equally by the lodge and the district.
(115)
*

*

*

. . . arbitration shall extend only to the interpretation or application of an agreement or agency
policy and not to changes in or proposed changes in agreements or agency policy.
T he request for
arbitration must be m ade in writing and include the written consent of the lodge to pay o n e -h a lf of
the cost of arbitration.
T he cost of this arbitration w ill com e exclusively from the lo ca l funds of
Lodge No. 1732, AFGE, and funds budgeted to the hospital.
W ithin 3 working days after receipt of a request for arbitration, the party receiving the request shall
arrange for a m eeting to choose an impartial arbitrator.
If within a period of 10 days after the date
of the m eeting, the parties fa il to agree on such im partial arbitrator, the A m erican Arbitration
Association . . . shall be requested to submit a list of five names.
W ithin 5 days of the receipt
-of the names, the hospital and the lodge shall in joint session alternately strike four of the five
names.
The rem aining name shall be the arbitrator. The arbitrator shall proceed forthwith to e x ­
am ine into and make determination of the matters in dispute.




63
A ll proceedings .

.

.

shall be started and carried to conclusion as expeditiously as possible.

Each party shall bear the expense of preparing and presenting its own case .

.

.

The findings of the arbitrator shall be advisory to the hospital director, who w ill make a decision.
The director's decision m ay be appealed to the Administrator within 10 calendar days from date of
receipt of the decision . . .
The arbitrator shall not have the authority to add to, subtract from or m odify any provisions of this
agreem ent, nor to submit findings on any question except the one submitted for arbitration.
(37)

About one-half of the arbitration provisions specified that hearings would
be on official time, without loss of pay to the grievant, union representatives,
or witnesses.
If the employer and the council fail to settle any grievance arising under A rticle X X I— Grievance
Procedure, with respect to the interpretation, application, or alleged violation of this agreem ent,
or of any policy or regulation of the activity, such grievance shall upon written notice by the party
requesting arbitration, and the approval of the em ployee concerned, be referred to arbitration.
Such
written notice must be served not later than 30 working days following conclusion of the third step
of the grievance procedure.
W ithin 7 working days from the date of receipt of the arbitration request, the parties shall m eet for
the purpose of endeavoring to agree on the selection of an arbitrator.
If agreement cannot be reached,
then either party m ay request the Federal M ediation and C onciliation Service to submit a list of
five im partial persons qualified to act as arbitrators.
The parties shall m eet within 3 working days
after the receipt of such list.
If they cannot m utually agree upon one of the listed arbitrators, then
the employer and the council w ill each strike one arbitrator's name from the list of five and shall
then repeat this procedure. The remaining name shall be the duly selected arbitrator.
The fee and expenses of the arbitrator shall be borne equally by the employer and the council,
provided that the em ployer's share of the per diem cost of the arbitrator's fee does not exceed that
authorized by applicable regulations.
The arbitration hearing shall be held during the regular day
shift work hours of the basic workweek of Monday through Friday and the em ployee representative,
em ployee appellants and em ployee witnesses shall be in a pay status without charge to annual leave
while participating in the arbitration proceedings.
The arbitrator is requested by the parties to render his decision as quickly as possible but in any
event no later than 30 days after the conclusion of the hearings unless the parties otherwise agree.
(19)

Eight agreements, covering mainly maritime
waived the use of grievance arbitration for the present.

personnel,

specifically

Until such tim e as additional experience is gained by both parties under the operation of the agree­
m ent, it is resolved that the subject of advisory arbitration of grievances not be included in this
agreem ent.
Should future experience show an appreciable number of irreconcilable differences, this
matter m ay be reopened in accordance with section 4 , A rticle X (Reopenings and Am endm ents). (113)

In one agreement, advisory arbitration was available for individual but
not for group grievances, defined as follows:
Individual Grievance.
An individual grievance is an em p loyee's expressed feelin g of dissatisfaction
with aspects of his working conditions and relationships which are outside his control, the solution
or settlem ent of which w ill usually affect only that particular individual.
Group Grievances.
Matters affecting general working conditions which m ay be matters of em ployee
concern, such as those regarding general policy, administrative practice and working conditions.
Group grievances are not subject to advisory arbitration.

This type of grievance m ay go through a ll

the steps set forth in this plan up to "advisory arbitration. "
If the director's decision is not acceptable to the union, the group grievance matter m ay be referred
by the union to the Secretary of the Navy via NPPS,
Individual or
elect .

.

.




identical
(116)

grievances

m ay

be

Washington,

subject to

advisory

D. C.
arbitration

if

the

em ployee(s)

64

Supplemental Agreements
By late summer 1964, parties to 30 of the 208 nonpostal agreements
had negotiated supplements to the basic agreements which, in almost all cases,
addressed themselves to two issues or more.
About two-thirds of the basic
agreements, it is of interest to note, contained little more than recognition
clauses and restatements of several sections of the Executive order.
The subject most frequently dealt with in these supplements was the e s ­
tablishment of a grievance procedure, added to 12 contracts.
Next in prevalence
were aspects of hours of work and rights of union stewards (nine agreements
each) and union representation on various committees (eight).
Provisions for
dues checkoff were found in seven supplements, as were those on matters re­
lating to annual and sick leave.
Scattered through several other supplements
were clauses dealing with promotion policies, training, work by supervisors,
and subsistence and quarters allowances for seagoing personnel. Almost all of
these aspects have been accounted for in the appropriate sections of this bulletin.




Chapter III.

Provisions in the National Postal Agreement

The approximately 471,000 postal employees accounted for by the depart­
mentwide Post Office agreement with six unions, 1 as noted earlier in this bulletin,
5
represented the largest group of Federal employees covered by a collective bar­
gaining agreement negotiated under Executive Order 10988.
In addition to the
national agreement, local post offices and various postal unions are expected to
negotiate more than 20,000 supplementary local agreements, in the future (more
than 12,000 had been reached during 1964).
Such agreements, however, since
they deal with purely local situations, are outside the scope of this study.
The employee organizations which are parties to the nationwide agree­
ment received exclusive recognition on September 11, 1962. Their employment
coverage and their total membership for 1964, according to reports submitted to
the Bureau were as follows:
Employee organizations

Employment
1964
coverage
membership2

United Federation of Postal Clerks ---------------------------------------228,740
National Association of Letter Carriers of the
United States of Am erica--------------------------------------------------------171,351
National Rural Letter Carriers* Association (I n d .)--------------------43,276
National Association of Post Office and General Services
Maintenance Employees (In d .)----------------------------------------------------19,805
National Federation of Post Office Motor Vehicle Employees____
4,224
The National Association of Special Delivery Messengers_________
4,018

139,000
167,913
42,300
8,424
6,200
1,500

1 The Post Office Mail Handlers, because of the recognition date, are not accounted for
in the above tabulation. (See footnote 15.)
Source: Reports submitted for the forthcoming Directory of National and International
Labor Unions in the United States, 1965.
NOTE: All unions are A FL-C IO affiliates unless designated independent (Ind.).

Labor-management activities, however, are not limited to employee
organizations having exclusive status. The Department also deals with six other
organizations, including three associations of supervisors, which had secured
formal recognition by late summer 1964.

Employee organizations

1

National Association of Post Office Mail Handlers,
Watchmen, Messengers and Group L e a d e rs----------------------National Alliance of Postal Employees (Ind.)--------------------National Association of Postal Supervisors (Ind.)--------------National Postal Union (In d .)---------------------------------------------National Association of Postmasters (In d .)-----------------------National League of Postmasters of the United States (Ind.)—

Date of
recognition
Sept. 11, 1962
Sept. 11, 1962
Apr. 1, 1963
Sept. 1, 1962
Apr. 1, 1963
Apr. 1, 1963

1964 . .
membership £
29,000
26,000
28,000
62,000
33,881
14,500

See notes to the tabulation above.

The National Association of Post O ffice M ail Handlers, W atchm en, Messengers and Group Leaders (AFL-CIO )
received exclusive recognition from the Post O ffice Department on D ec. 8, 1964, and on Feb. 18, 1965, becam e
the seventh union to be covered by the National Postal Agreem ent.
As of late 1964, the total number of workers
covered had risen to 515, 00 0 .




65

66

The initial national agreement, signed on March 20, 1963, was in effect
from April 1, 1963, to March 31, 1964.
The second agreement was signed on
June 18, 1964, to run from July 1, 1964, until October 31, 1965. Several key
features of the second agreement are described in the following sections. 16
The postal agreement is noteworthy not only for the extent of its worker
coverage (it is the largest agreement in the United States with a single employer),
but also, when compared with other Federal agreements, for the scope and de­
tail of its provisions. Its 25 articles and 5 supplements (for particular crafts)
cover 87 printed pages.
A number of provisions deal with issues which relate
specifically to postal operations, such as ’’Tools for Vehicle Maintenance Per­
sonnel," "City Carrier Transportation (Driveout) Agreements, " "Heavy Duty Com­
pensation,’’ and "U n iform s." Other provisions follow the practice of Federal
agreements generally of incorporating parts of the Executive order, such as the
ban, in section 2, on strikes, discrimination, and subversive activities.
An
interesting departure occurs in the agreement* s section dealing with management
rights. As required by section 7(1) of the order, the agreement emphasizes that
it is subject to all laws and regulations, but then goes on to say, "except as
provided in article XXIV, entitled Postal Manual Conflict. " This article reads
as follows:
T o the extent provisions of the Postal Manual which are in effect on the effective or renewal date
of the agreement are in conflict with this agreement the provisions of this agreement w ill govern.

Since this agreement is national in scope, it covers, in addition to labormanagement relations at the national and regional level, procedures which are to
govern local negotiations and alleged violations of the national agreement at local
installations.
At the national level, it calls for regular monthly meetings between Post
Office and union officials "to confer, but not negotiate, with respect to nationwide
personnel policies and practices and matters affecting working conditions, matters
affecting the basic agreement, supplements thereto and interpretations and disputes
arising out of local agreements. " Disputes concerning local agreements, however,
must first be considered at the local and regional levels.
Regional meetings, designed to achieve "full and complete communication
from management to employee and employee to management, " are to be held at
least quarterly, at no loss of pay to employee representatives.
Similar quarterly meetings are to be held at local installations, but may
be dispensed with at small post offices "where there exists daily contact between
the postmaster and all or the majority employees . . . "
While the total number
of employees who may attend such meetings is a matter for local negotiations, the
number authorized on official time is designated as follows:
One representative from each craft or occupational group having exclusive recognition with 25 or
less regular em ployees; 2 representatives from each craft or occupational group having exclusive
recognition with 26 or more regular em ployees.
Craft or occupational groups represented by an
em ployee organization not having exclusive recognition shall not be invited or attend these m eetings.

Extensive rules are set forth for the conduct of local negotiations, dealing
with such procedural aspects as time and place of meetings, designation of spokes­
men, various committees, availability of specialists and technicians, use of written

^

Note

that wages and fringe benefits for postal em ployees are prescribed by statute.

ules are in effect for Post O ffice headquarters em ployees and those in the field service.




Different w age sched­

67

proposals and counter-proposals, etc. On the methods for resolving a local con­
tract deadlock, the agreement has this to say:
It is mutually agreed that an impasse occurs only after both parties have presented proposals and
counter-proposals in good faith and both parties have considered the proposals and counter-proposals
o f the other party in good faith and despite such honest and diligent efforts no agreement can be
reached on the subject being negotiated.
When it has been determined that an impasse has been reached, the following shall be the procedures:
Impassee items shall be reported at the conclusion of the 10th and 20th days o f the negotiation
period to the special assistant for em ployee relations and the regional representative o f the
organization(s) for recom mendations.
Such submission shall be signed by the ch ief negotiator
o f both parties.

Furthermore, issues not resolved during negotiations may be reopened
by mutual consent 6 months after the local agreement's effective date.
Local agreements are subject to review by regional post office and union
officials for conformance with the national agreement, laws, and postal regula­
tions.
If a particular provision is held to be invalid, the matter can then be
resolved at successively higher levels of authority:

In order to preserve the spirit in which these negotiations were entered into and the agreements
reached, the review shall not result in an invalidation of an entire article covering a particular
subject because one o f the provisions o f the article is alleged to be invalid.
If the regional and
em ployee organization reviewers agree that deletion, addition, or re-wording of an article or pro­
vision can be m ade without changing the intent or operation o f the article or provisions in question,
it shall be remanded to the postmaster and local em ployee organization with the suggested language
changes.
Such suggestions w ill not be adopted except by mutual consent o f both parties at the
lo ca l le v e l.
Should the review result in an allegation that there is a conflict in law, the Postal Manual or the
national agreement, and supplements thereto, consultation shall be arranged between the regional
special assistant for em ployee relations and the regional representative of the organization concerned.
If the matter can be resolved by means o f this consultation, the postmaster and lo ca l em ployee
organization shall be notified o f the decision agreed upon.
In

n o

case

s h a ll

a n

a rtic le

o r

p ro v is io n

b e

in v a lid a te d

u n til

a fte r

it

has

b e e n

re v ie w e d

b y

th e

re g io n a l

o fficia l and the em ployee organization representative.
If the issue cannot be resolved at the regional le v e l it shall be forwarded to the special assistant for
em ployee relations, bureau o f personnel, who w ill review the alleged invalidation with the repre­
sentative o f the em ployee organization concerned.
N otification o f the decision arrived at shall be
given to parties in volv ed.
If the alleged invalidation deals with an interpretation o f the national agreement or supplements
thereto, and an em ployee organization other than one having exclusive recognition at the national
le v e l is involved, the em ployee organization that has exclusive recognition for the craft shall be
present at the m eeting with the special assistant for em ployee relations, bureau of personnel and the
em ployee organization.

Charges concerning violations of the national agreement at the local level
are to be filed with a designated regional postal official.
If the charge is up­
held, the installation head is to be ’’advised" to take corrective action.
If not
upheld, the official and union representatives will attempt to settle the dispute on
the basis of previous interpretations made at the national level.
Failing this,
the dispute is then referred to Washington for joint discussions and, by mutual
agreement, can be submitted to advisory arbitration.




68

Two related topics, discipline and actions arising therefrom, are treated
at length in separate sections.
Article VIII, Policy on Discipline, emphasizes
that M
the action taken shall be corrective rather than punitive and that it must
be influenced by impartial considerations of the dignity of the individual, justice
and equality." Two types of disciplinary actions are described— informal, to con­
sist of discussions, counseling, and a letter of warning; and formal, leading to
reprimand, suspension, and finally, removal.
An elaborate appeals procedure
is available to employees faced with an "adverse action" (suspension, discharge,
furlough without pay, and reduction in rank or compensation).
The notice of
proposed adverse action against an employee "must state specifically and in de­
tail the reason for the action thereby affording the employee a fair opportunity
of offering refutation to the charges . . . "
The employee can then present his
case to a hearing officer who subsequently "will present a summary of the hearing
and his findings of fact as well as other record evidence to the regional direc­
tor . . . The hearing officer shall not make any recommendation for a decision
or state whether or not charges are sustained. " Ten days later, the regional
director notifies the employee of his decision who, in turn, has the choice of
either asking for advisory arbitration or bypassing this step by appealing directly
to the Departments Board of Review and Appeals. The board may, at its dis­
cretion, schedule a second hearing.
Its decision "is final . . . and shall be
considered as the decision of the Postmaster General. In cases involving policy
matters the board may make privileged recommendations to the Postmaster
General who will render the final decision. " The possibility of further appeals
to the Postmaster General would seem to be available under the following clause:
The Postmaster General retains the authority to review particular decisions o f the Department's Board
of Appeals and R eview and to direct further consideration.

The negotiated grievance procedure applies to any employee1s "dissatis­
faction" arising out of his job and where "the remedy sought is within the authority
of the Postmaster General . . . " , and can also be invoked in promotion disputes
and alleged violations of local agreements.
Supervisors, the contract stresses, should try to resolve misunder­
standings and problems before they develop into formal grievances.
"To this
end, the practice of friendly discussions of problems between employees and their
supervisors is not only encouraged but directed. " Under this policy, the initial
meetings involve the employee, his union representative, the immediate super­
visor, and the installation head.
If these meetings fail to settle the grievance,
it is then submitted in writing to the installation head for decision. Subsequently,
the aggrieved employee can, within designated time limits, call for a hearing or
he can appeal directly to the regional director (the so-called "second level of
appeal"). In either case, the next decision is made by the regional director.
The hearing committee is made up of the following members:
The grievant w ill name the person o f his choice to be a m em ber, the installation head w ill name
the second m em ber, and these two members w ill agree, within 3 working days, on a third m em ber
who w ill act as chairman.
A ll three members must be em ployees o f the postal service . . .

As for the conduct of the hearing the agreement stipulates these rules:
. . . W hile the hearing com m ittee w ill listen to and ask questions o f both sides, there shall be no
confrontation o f witnesses nor shall either side be perm itted to cross-exam ine the other . . .
. . . W hile the hearings w ill not be lim ited by le ga l rules o f evidence and procedures, testimony
should be within reasonable bounds o f relevancy . . .
The grievant and his representative shall be
present throughout the hearing.
A n abstract o f the proceedings covering all pertinent facts shall be kept.
The abstract shall be signed
by and copies furnished to all members o f the hearing c om m ittee.
Within 5 working days after the
com pletion o f the hearing, the hearing com m ittee shall furnish the installation head, the grievant
and his representative with a summary of the hearing together with its decision . . .




69

One of two further appeal steps are available to a grievant dissatisfied
with the regional d irectors decision: (1) He can ask for advisory arbitration,
or (2) he can submit his case to the Departments Bureau of Review and Appeals.
The latter body functions here in the same way as in adverse action cases. Its
decision is final, but the agreement also states that "These procedures in no way
impair the residual authority of the Postmaster General," thereby perhaps per­
mitting a further consideration of cases.
The role of the union in the grievance process is set forth in a sepa­
rate section:
The exclusive organization at each le v e l has the following rights in grievance matters processed at
that le v e l:
(1) To be notified o f the tim e and place o f the proceedings at each step of the grievance b e gining with discussion with the head of the installation or designee.
(2) To be present at all steps o f the grievance procedure.
(No right to be present at initial
contact with the supervisor if the aggrieved has not selected a representative. )
(3) The organization, if any, with exclusive recognition at the level where the grievance is
being processed shall be furnished with a copy o f the written decision and summary, at any step
at which a written decision and/or summary is involved.
(4) If not the designated representative o f the grievant, shall have an opportunity to state the
exclusive organization's position on the grievance.
This right shall be exercised only one tim e ,
at each step, and shall follow the presentation m ade by the em ployee and/or his representative.

Advisory arbitration, as noted earlier, can be resorted to in adverse
actions and grievances after the first and second level of appeal, respectively, 1
7
but, by mutual consent, can also be used to resolve differences regarding the
meaning and application of agreement provisions, including violations of the na­
tional agreement at local installations.
Before arbitration can be invoked, the union must agree to pay one-half
of the cost.
The arbitrator is selected by the parties from a list of five fur­
nished by the Federal Mediation and Conciliation Service.
On the matter of
procedural rules and powers of the arbitrator, the agreement provides:
The method to be used in arbitrating the dispute is under the arbitrator's jurisdiction and control,
subject to such rules and procedures as the parties m ay jointly prescribe.
He is to m ake his own
awards and write his own opinions based on the record established.
He m ay not delegate this duty
and responsibility to others in whole or in part without the knowledge and prior consent o f both
parties.
The power o f the arbitrator m ay be exercised in the absence o f any party, who after due
notice, fails to be present or obtain a postponement.
The advisory award o f the arbitrator, how­
ever, must be supported by evidence as it cannot be based solely upon the default o f a party.

The arbitrators decision is subject to further appeals by either party
within 10 days after receipt of the award.

17 For employees em ployed at lo ca l post offices, this level o f appeal is, in both cases, the regional director.
For most other— and generally sm aller - -g roups, such as those em ployed in m ail equipment shops, supply centers,
m oney order audit offices, etc. , the designated o fficia l is the bureau head.







Appendix A
Executive Order 10988 18

E m p lo y e e - M a n a g e m e n t C o o p e ra tio n In
The F e d e r a l S e r v i c e

W h e r e a s p a r tic ip a tio n of e m p lo y e e s in the fo r m u la tio n and im p le m e n ta tio n of p e r ­
sonnel p o l i c i e s a ffe c tin g them contributes to e f f e c t i v e conduct of public business; and
W h e r e a s the e ffic ie n t a d m in is tra tio n of the G o vern m en t and the w e l l - b e i n g of e m p l o y ­
ees r e q u ir e that o r d e r l y and con s tru c tiv e r ela tio n sh ip s be m ain tained b etw een e m p lo y e e
org a n iz a tio n s and m an agem en t o f f i c i a l s ; and
W h e r e a s subject to law and the paramount r e q u ir e m e n t s of the public s e r v i c e ,
e m p lo y e e - m a n a g e m e n t re la tio n s within the F e d e r a l S e r v i c e should be i m p r o v e d by p ro v id in g
e m p lo y e e s an opportunity fo r g r e a t e r p a rtic ip a tio n in the fo r m u la tio n and im p le m e n ta tio n of
p o l i c i e s and p r o c e d u r e s a ffe c tin g the conditions of th eir e m p lo ym en t; and
W h e re a s e f f e c t i v e e m p lo y e e - m a n a g e m e n t c o o p e ra tio n in the public s e r v i c e r e q u ir e s
a c le a r statem ent of the r e s p e c t i v e righ ts and oblig ations of e m p lo y e e o rg a n iza tio n s and
a gen cy m anagem ent:
Now, t h e r e f o r e , by v ir tu e of the authority v e s t e d in m e b y the Constitution of the
United States, by section 1753 of the R e v i s e d Statutes (5 U.S.C. 631), and as P r e s i d e n t of
the United States, I h e r e b y d ir e c t that the fo llo w in g p o l i c i e s shall g o v e r n o f f i c e r s and a gen cies
of the exe c u tiv e branch of the G o v e rn m e n t in a ll d ealin gs with F e d e r a l e m p lo y e e s and o r g a n ­
ization s r e p r e s e n t in g such e m p lo y e e s .
Sectio n 1.
(a) E m p lo y e e s of the F e d e r a l G o v e rn m e n t shall have, and shall be
p r o te c te d in the e x e r c i s e of, the right, f r e e l y and without f e a r of pen alty or r e p r i s a l , to
fo r m ,
jo in
and a s s is t any e m p lo y e e o r g a n iz a tio n or to r e f r a i n f r o m any such activity.
E x c e p t as h e r e in a ft e r
exp ressly
p ro v id e d , the f r e e d o m of such e m p lo y e e s to a s s is t any
e m p lo y e e o r g a n iz a tio n shall be r e c o g n i z e d as extending to p a r tic ip a tio n in the m an agem en t
of the o r g a n iz a tio n and actin g fo r the o rg a n iz a tio n in the c a p a c ity of an o r g a n iz a tio n r e p r e ­
sentativ e, including p re s e n ta tio n of its v ie w s to o f f i c i a l s of the e x e c u tiv e branch, the C o n g re s s
or other a p p ro p ria te authority.
The head of each exe c u tiv e d epartm ent and a gen cy ( h e r e i n ­
a fte r r e f e r r e d to as " a g e n c y " ) shall take such action, consistent with law, as m a y be
r e q u ir e d in o r d e r to a s s u re that e m p lo y e e s in the a gen cy a r e a p p r is e d of the righ ts d e s c r ib e d
in this section, and that no in t e r f e r e n c e , r e s tr a in t, c o e r c io n or d is c r im in a t io n is p r a c t ic e d
w ithin
such
a gen cy to
e n cou rage or d is c o u ra g e m e m b e r s h ip in any e m p lo y e e organization.
(b) The righ ts d e s c r ib e d
in this section do
ment of an e m p lo y e e o rg a n iza tio n , or acting as a
w h e r e such p a r tic ip a tio n or a c t iv it y would r e s u lt
in com p atib le with la w or with the o f f i c i a l duties of

not extend to p a r t ic ip a t io n in the m a n a g e ­
r e p r e s e n t a t iv e of any such o r g a n iz a tio n ,
in a c o n flict of in t e r e s t or o th e r w is e be
an e m p lo y e e .

S ection 2.
When used in this o r d e r , the t e r m " e m p l o y e e o rg a n iz a t io n " m eans any
la w fu l a sso cia tio n , la b o r o rg a n iza tio n , fe d e ra tio n , council, or bro th erh o o d having as a
p r i m a r y pu rpose the im p r o v e m e n t of w o r k in g conditions among F e d e r a l e m p lo y e e s , or any
c ra ft, trade or in du strial union whose m e m b e r s h ip includes both F e d e r a l e m p lo y e e s and
e m p lo y e e s of p r iv a t e o rg a n iz a tio n s ; but such t e r m shall not include any o r g a n iz a tio n (1) w hich
a s s e r t s the rig h t to s trik e against the G o v e rn m e n t of the United States or any a gen cy th e re o f,
o r to a s s i s t o r p a r t ic ip a t e in any such s tr ik e , o r which im p o s e s a duty o r ob ligation to con­
duct, a s s is t o r p a r t ic ip a t e in any such s trik e , o r (2) which ad vocates the o v e r t h r o w o f the c o n ­
stitutional f o r m o f G o v e r n m e n t in the United States, o r (3) which d is c r im in a t e s with r e g a r d to
the t e r m s o r conditions of m e m b e r s h ip becau se of r a c e , c o l o r , c r e e d , o r national o rig in .

18 27 Federal Register 551.




71

72

S ection 3.
(a) A g e n c ie s shall a c c o r d in fo r m a l, f o r m a l or e x c lu s iv e re c o g n it io n to
e m p lo y e e o r g a n iza tio n s whic h re q u e s ts such r e c o g n it io n in c o n fo r m it y with the r e q u ir e m e n t s
s p e c ifie d in sections 4, 5, and 6 of this o r d e r , except that no re c o g n it io n shall be a c c o r d e d
to any e m p lo y e e o r g a n iz a tio n which the head of the ag e n c y c o n s id e r s to be so subject to
c o rru p t influ ences or influences opposed to b a s ic d e m o c r a t i c p r in c ip le s that r e c o g n it io n
would be inconsis tent with the o b je c t iv e s of this o r d e r .
(b) R e c o g n itio n of an e m p lo y e e o r g a n iz a tio n shall continue so long as such o r g a n ­
iz a t io n s a t is fie s the c r i t e r i a of this o r d e r applicable to such re c o g n itio n ; but nothing in
this s ectio n shall r e q u ir e any a gen cy to d e te r m in e w heth er an o r g a n iz a tio n should b e c o m e
or continue to be r e c o g n i z e d as e x c lu s iv e r e p r e s e n t a t iv e of the e m p lo y e e s in any unit w ithin
1Z months a fte r a p r i o r d e te rm in a tio n of e x c lu s iv e status w ith r e s p e c t to such unit h a s
b een made pursuant to the p r o v is io n s of this o r d e r .
(c)

R e cogn ition ,

in w h a te v e r f o r m ac c o rd e d ,

shall not—

(1)
P r e c l u d e any e m p lo y e e , r e g a r d l e s s of e m p lo y e e o r g a n iz a tio n m e m b e r s h ip ,
f r o m b rin g in g m a t t e r s of p e r s o n a l co n c e rn to the attention of a p p ro p ria te o f f i c i a l s in
a c c o rd a n c e with applicable law, rule , regulation, or e s ta b lish ed a g e n c y p o lic y , or f r o m
choosin g his own r e p r e s e n t a t iv e in a g r ie v a n c e or appellate action; or
(Z) P r e c l u d e or r e s t r i c t consultations and d ealin gs b etw een an ag e n c y and any
v e te r a n s o r g a n iz a tio n w ith r e s p e c t to m a t t e r s of p a r t ic u la r in t e r e s t to e m p lo y e e s w ith
ve te r a n s p r e f e r e n c e ; or
(3) P r e c l u d e an ag e n c y f r o m consulting or dealin g with any r e lig io u s , s o c ia l,
fr a t e r n a l or other law ful a sso cia tio n , not qu a lifie d as an e m p lo y e e o rg a n iza tio n , w ith
r e s p e c t to m a tte r s or p o l i c i e s w hich in v o lv e indiv idual m e m b e r s of the a s s o c ia t io n or
a r e of p a r tic u la r a p p lic a b ility to it or its m e m b e r s , when such consultations or dealings
a r e duly lim i t e d so as not to assum e the c h a r a c te r of f o r m a l consultation on m a t t e r s
of g e n e r a l e m p lo y e e - m a n a g e m e n t p o l i c y or to extend to a r e a s w h e r e r e c o g n it io n of the
in te r e s ts of one e m p lo y e e group m a y r e s u lt in d is c r im in a t io n against or in ju ry to the
in te r e s ts of oth er e m p lo y e e s .
Section 4.
(a) An a gen cy shall a c c o r d an e m p lo y e e orga n iza tio n , w h ich does not
q u a lify fo r e x c lu s iv e or f o r m a l rec o g n itio n , in f o r m a l r e c o g n it io n as r e p r e s e n t a t i v e of its
m e m b e r e m p lo y e e s without r e g a r d to w hether any other e m p lo y e e o r g a n iz a tio n has been
a c c o r d e d f o r m a l or e x c lu s iv e re c o g n it io n as r e p r e s e n t a t i v e of som e or all e m p lo y e e s in
any unit.
(b) When an e m p lo y e e o r g a n iz a tio n has been i n f o r m a l l y r e c o g n iz e d , it shall, to the
extent consistent with the e ffic ie n t and o r d e r l y conduct of the public business, be p e r m i t t e d
to p r e s e n t to a p p r o p r ia te o ff i c i a l s its v ie w s on m a t t e r s of c o n c e rn to its m e m b e r s .
The
ag e n c y need not, h o w e v e r , consult with an e m p lo y e e o r g a n iz a tio n so r e c o g n iz e d in the f o r m u ­
lation of p e r s o n n e l o r other p o l i c i e s with r e s p e c t to such m a t t e r s .
Section 5.
(a) An ag e n c y shall a c c o r d an e m p lo y e e o r g a n iz a tio n f o r m a l re c o g n it io n
as the r e p r e s e n t a t i v e of its m e m b e r s in a unit as defined by the ag e n c y when (1) no other
e m p lo y e e o r g a n iz a tio n is q u a lifie d f o r e x c lu s iv e re c o g n it io n as r e p r e s e n t a t i v e of e m p lo y e e s
in the unit, (Z) it is d e te r m in e d by the ag e n c y that the e m p lo y e e o r g a n iz a tio n has a sub­
stantia l and stable m e m b e r s h ip of no le s s than 10 p e r centum of the e m p lo y e e s in the unit,
and (3) the e m p lo y e e o r g a n iz a tio n has submitted to the ag e n c y a r o s t e r of its o f f i c e r s and
r e p r e s e n t a t i v e s , a copy of its constitution and b y - la w s , and a statem ent of o b je c t iv e s .
When, in the opinion of the head of an agency, an e m p lo y e e o r g a n iz a tio n has a sufficien t
number of lo c a l o rg a n iz a tio n s or a s u fficien t total m e m b e r s h ip w ithin such agency, such
o r g a n iz a tio n m a y be a c c o r d e d f o r m a l re c o g n it io n at the national l e v e l , but such re c o g n it io n
shall not p re c lu d e the a gen cy f r o m dealing at the national l e v e l with any other e m p lo y e e
o r g a n iz a tio n on m a t t e r s a ffe c tin g its m e m b e r s .
(b) W h e n an e m p lo y e e o r g a n iz a tio n has been f o r m a l l y r e c o g n iz e d , the agency,
through a p p ro p ria te o f f i c i a l s , shall consult with such o r g a n iz a tio n f r o m tim e to tim e in the
fo r m u la t io n and im p le m e n ta tio n of p e r s o n n e l p o l i c i e s and p r a c t i c e s , and m a t t e r s a ffe c tin g
w o r k in g conditions that a r e of c o n c e rn to its m e m b e r s .
A n y such o r g a n iz a tio n shall be
en titled f r o m tim e to tim e to r a i s e such m a tte r s f o r d is c u s s io n with a p p ro p ria te o f f i c i a l s




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and at all t im e s to p r e s e n t its v i e w s th e re o n in w rit in g .
In no c a s e , h o w e v e r , shall an
ag e n c y be r e q u ir e d to consult with an e m p lo y e e o rg a n iz a tio n which has been f o r m a l l y r e c ­
og n ize d with r e s p e c t to any m a tte r which, if the e m p lo y e e o r g a n iz a tio n w e r e one entitled
to e x c lu s iv e reco g n itio n , would not be included within the ob ligation to m e e t and con fer, as
d e s c r ib e d in se c tio n 6(b) of this o r d e r .
Section 6.
(a) An a gen cy shall r e c o g n i z e an e m p lo y e e o r g a n iz a tio n as the e x c lu s iv e
r e p r e s e n t a t iv e of the e m p lo y e e s in an a p p ro p ria te unit when such o r g a n iz a tio n is e lig ib le
f o r f o r m a l re c o g n it io n pursuant to s ectio n 5 of t h i s o r d e r , and has been d esignated
or s e le c t e d by a m a j o r i t y of the e m p lo y e e s of such unit as the r e p r e s e n t a t iv e of such
e m p lo y e e s in such unit.
Units m a y be e sta b lish ed on any plant or installatio n, craft, fu n c­
tio nal or other b asis whic h w i l l ensure a c le a r and id e n tifia b le com m u n ity of in t e r e s t among
the e m p lo y e e s concerned, but no unit shall be e sta b lish ed s o l e l y on the basis of the extent
to w hich e m p lo y e e s in the p r o p o s e d unit have o rga n ized .
E x c e p t w h e r e o th e r w is e r e q u ir e d
by esta b lis h e d p r a c t ic e , p r i o r a g re e m e n t, or s p e c ia l c ir c u m s ta n c e s , no unit shall be e s ta b ­
lis h e d f o r pu rposes of e x c lu s iv e r e c o g n itio n which includes (1) any m a n a g e r ia l e xecu tive,
(2) any e m p lo y e e engaged in F e d e r a l p e r s o n n e l w o r k in other than a p u r e ly c l e r i c a l capacity,
(3) both s u p e r v is o r s who o f f i c i a l l y evaluate the p e r f o r m a n c e of e m p lo y e e s and the e m p lo y e e s
w h om th ey s u p e rv is e , or (4) both p r o fe s s io n a l e m p lo y e e s and n o n p ro fe s s io n a l e m p lo y e e s
unless a m a j o r i t y of such p r o f e s s i o n a l e m p lo y e e s vote fo r inclusion in such unit.
(b)
When an e m p lo y e e o rg a n iz a tio n has been r e c o g n i z e d as the e x c lu s iv e
sentativ e of e m p lo y e e s of an a p p ro p ria te unit it shall be entitled to act f o r and to negotiate
a g r e e m e n t s c o v e r in g a ll e m p lo y e e s in the unit and shall be r e s p o n s ib le f o r r e p r e s e n tin g the
i n t e r e s t s of a l l such e m p lo y e e s without d is c r im in a t io n and without r e g a r d to e m p lo y e e
o r g a n iz a tio n m e m b e rs h ip .
Such e m p lo y e e o r g a n iz a tio n shall be g iv e n the opportunity to be
r e p r e s e n t e d at discu ssion s b etw een m a nagem ent and e m p lo y e e s or e m p lo y e e r e p r e s e n t a t iv e s
con cern in g g r ie v a n c e s , p e rs o n n e l p o l i c i e s and p r a c t ic e s , or other m a t t e r s a ffe c tin g g e n e ra l
w o r k in g conditions of e m p lo y e e s in the unit.
The ag e n c y and such e m p lo y e e organ ization ,
through ap p ro p ria te o f f i c i a l s and r e p r e s e n t a t iv e s , shall m e e t at re a s o n a b le t im e s and confer
with r e s p e c t to p e r s o n n e l p o l i c y and p r a c t ic e s and m a tte r s a ffe c tin g w o r k in g conditions, so
fa r as m a y be a p p ro p ria te subject to law and p o l i c y re q u ir e m e n ts .
Th is extends to the
negotiation of an a g r e e m e n t, or any question a r is in g thereunder, the d e te rm in a tio n of a p p r o ­
p r ia te techniques, consistent with the t e r m s and pu rposes of this o r d e r , to a s s is t in such
negotiation, and the execu tion of a w r it t e n m e m o ra n d u m of a g r e e m e n t or understanding i n c o r ­
p o ra tin g any a g r e e m e n t re a c h e d by the p a rtie s .
In e x e r c i s i n g authority to m ake ru les and
reg u la tio n s r e la tin g to p e r s o n n e l p o l i c i e s and p r a c t i c e s and w o r k in g conditions, a g e n c ie s shall
have due r e g a r d f o r the o b liga tio n im p o s e d by this section, but such o b liga tio n shall not be
con stru ed to extend to such a r e a s of d is c r e t io n and p o l i c y as the m i s s i o n of an agency, its
budget, its o r g a n iz a tio n and the a ssign m en t of its p erso n n el, or the tech n o lo g y of p e r f o r m i n g
its work.
Section 7.
A n y b a s ic or in itia l a g r e e m e n t e n tered into with an e m p lo y e e o r g a n iza tio n
as the e x c lu s iv e r e p r e s e n t a t i v e of e m p lo y e e s in a unit must be a p p ro v e d by the head of the
a g e n c y or any o f f i c i a l d esign ated by him.
A l l a g r e e m e n ts with such e m p lo y e e orga n iza tio n s
shall a ls o be subject to the f o llo w in g r e q u ir e m e n ts , w hich shall be e x p r e s s l y stated in the
in itia l or b a s ic a g r e e m e n t and shall be applicable to all supplemental, im p lem en tin g, sub­
s i d i a r y or in f o r m a l a g r e e m e n t s b etw een the a gen cy and the org a n iza tio n :
(1) In the a d m in is tra tio n of a ll m a tte r s c o v e r e d by the a g r e e m e n t o ff i c i a l s and
e m p lo y e e s a r e g o v e r n e d by the p r o v is io n s of any e x istin g or future law s and regu lation s,
including p o l i c i e s set fo r th in the F e d e r a l P e r s o n n e l Manual and a gen cy regu lation s,
w hich m a y be ap p licab le, and the a g r e e m e n t shall at a ll t im e s be applied subject to
such law s, re gu la tion s and p o l i c i e s ;
(2) M an agem en t o ff i c i a l s of the agen cy r e ta in the rig ht, in acc o rd a n c e with a p p li­
cable law s and re gu lation s, (a) to d ir e c t e m p lo y e e s of the agency, (b) to h ire , p ro m o te ,
t r a n s f e r , assign, and r e t a in e m p lo y e e s in p ositions w ithin the agency, and to suspend,
dem ote, d is c h a rg e , or take other d i s c ip lin a r y action against e m p lo y e e s , (c) to r e l i e v e
e m p lo y e e s f r o m duties because of lack of w o r k or f o r other le g it im a t e re a s o n s , (d) to
m ain tain the e f f i c i e n c y of the G o v e rn m e n t operations entrusted to them, (e) to d e te rm in e
the methods, means and p e r s o n n e l by which such operation s a r e to be conducted; and
(f) to take w h a te v e r actions m a y be n e c e s s a r y to c a r r y out the m is s io n of the agency
in situations of e m e r g e n c y .




repre­

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Sectio n 8.
(a) A g r e e m e n t s e n te re d into or negotiated in acc o rd a n c e with this o r d e r
with an e m p lo y e e o r g a n iz a tio n which is the e x c lu s iv e r e p r e s e n t a t iv e of e m p lo y e e s in an
a p p ro p ria te unit m a y contain p r o v is io n s , applicable only to e m p lo y e e s in the unit, con cern in g
p r o c e d u r e s fo r c o n s id e ra tio n of g r ie v a n c e s .
Such p r o c e d u r e s (1) shall c o n fo r m to standards
issued by the C i v i l S e r v i c e C o m m is s io n , and (Z) m a y not in any m anner dim in ish or im p a ir
any righ ts whic h would o th e r w is e be a va ila b le to any e m p lo y e e in the absence of an a g r e e m e n t
p ro v id in g fo r such p ro c e d u r e s .
(b) P r o c e d u r e s esta b lis h e d by an a g r e e m e n t which a r e o th e r w is e in c o n fo r m it y with
this section m a y include p r o v is io n s f o r the a r b it r a t io n of g rie v a n c e s .
Such a r b itr a tio n
(1) shall be a d v i s o r y in nature with any de c is io n s or rec o m m e n d a tio n s subject to the ap ­
p r o v a l of the ag e n c y head; (Z) shall extend only to the in te r p r e ta tio n or application of a g r e e ­
m ents or a gen cy p o l i c y and not to changes in or p r o p o s e d changes in a g r e e m e n t s or agen cy
p o lic y ; and (3) shall be invoked only with the a p p ro v a l of the individual e m p lo y e e or e m p lo y e e s
concerned.

Section 9.
Solicitation of m em bersh ips, dues, or other internal em ployee o rg a n i­
zation
business shall be conducted during the nonduty hours of the em ployees concerned.
O ffic ia lly requested or approved consultations and m eetings between management o ffic ia ls
and represen tatives of recogn ized em ployee organizations shall, whenever p racticab le, be
conducted on o ffic ia l tim e, but any agency m ay requ ire that negotiations with an em ployee
organization which has been accorded exclu sive recognition be conducted during the nonduty
hours of the em ployee organization represen tatives in volved in such negotiations.
S ection 10.
No la te r than July 1, 196Z, the head of each a gen cy shall issue a p p r o ­
p r ia t e
p o lic ie s , ru les and regu lation s fo r the im p le m e n ta tio n of this o r d e r , including:
A
c le a r sta tem ent of the righ ts of its e m p lo y e e s under the o r d e r ; p o l i c i e s and p r o c e d u r e s
with r e s p e c t to re c o g n it io n of e m p lo y e e org a n iz a tio n s ; p r o c e d u r e s fo r d e te r m in in g a p p ro p ria te
e m p lo y e e units; p o lic ie s and p r a c t i c e s r e g a r d in g consultation w ith r e p r e s e n t a t iv e s of e m p lo y e e
o rg a n iz a tio n s , other org a n iza tio n s and individual e m p lo y e e s ; and p o l i c i e s with r e s p e c t to the
use of a gen cy f a c i l i t i e s by e m p lo y e e o rga n iza tio n s.
In sofar as m a y be p r a c t ic a b le and
a p p ro p ria te , age n c ie s shall consult with r e p r e s e n t a t iv e s of e m p lo y e e o rg a n iz a tio n s in the
fo r m u la t io n of these p o lic ie s , ru les and regulations.
S ection 11.
Each agen cy shall be r e s p o n s ib le fo r d e te rm in in g in a c c o rd a n c e with
this o r d e r whether a unit is a p p ro p ria te fo r pu rposes of e x c lu s iv e re c o g n it io n and, by an
e l e c t io n or other a p p ro p ria te m eans, whether an e m p lo y e e o rg a n iz a t io n r e p r e s e n t s a m a j o r i t y
of the e m p lo y e e s in such a unit so as to be entitled to such re c ogn ition .
Upon the re q u e s t
of any agency, or of any e m p lo y e e o rg a n iz a tio n w hich is seeking e x c lu s iv e r e c o g n itio n and
w h ich qu a lifie s fo r or has been a c c o r d e d f o r m a l re c o g n itio n , the S e c r e t a r y of L a b o r , subject
to such n e c e s s a r y rule s as he m a y p r e s c r i b e , shall nominate f r o m the N ational P a n e l of
A r b i t r a t o r s m ain tain ed by the F e d e r a l M e d ia tio n and C o n c ilia tio n S e r v i c e one or m o r e q u a l­
if ie d a r b it r a t o r s who w i l l be a va ila b le f o r em p lo y m e n t by the a gen cy con cern ed fo r e ith er
or both of the fo llo w in g pu rposes, as m a y be r e q u ir e d :
( l ) T o in v e s tig a te the facts and
issue an a d v i s o r y d e c is io n as to the a p p ro p ria te n e s s of a unit fo r p u rposes of e x c lu s iv e
r e c o g n it io n and as to r e la t e d issu es submitted fo r c on sid era tion ; (Z) to conduct or s u p e r v is e
an e le c t io n or o th e r w is e d e te r m in e by such means as m a y be a p p ro p ria te , and on an a d v i s o r y
b a s is , w hether an e m p lo y e e o r g a n iz a tio n r e p r e s e n t s the m a j o r i t y of the e m p lo y e e s in a unit.
Consonant with law, the S e c r e t a r y of L a b o r shall r e n d e r such a s s is ta n c e as m a y be a p p r o ­
p r ia t e in connection with a d v i s o r y de c is io n s or d e te rm in a tio n s under this section, but the
n e c e s s a r y costs of such a s s ista n ce shall be paid by the a gen cy to which it r e la t e s .
In the
event questions as to the a p p ro p ria te n e s s of a unit or the m a j o r i t y status of an e m p lo y e e
o r g a n iz a tio n shall a r i s e in the D e p a rtm e n t of L a b o r , the duties d e s c r ib e d in this section
w h ich would o th e r w is e be the r e s p o n s ib ilit y of the S e c r e t a r y of L a b o r shall be p e r f o r m e d
by the C i v i l S e r v i c e C o m m is s io n .
Sectio n 1Z.
The C i v i l S e r v i c e C o m m is s io n shall es ta b lis h and m aintain a p r o g r a m
to a s s is t in c a r r y in g out the o b je c t iv e s of this o r d e r .
The C o m m is s io n shall d e velo p a p r o ­
g r a m f o r the guidance of a g e n c ie s in e m p lo y e e - m a n a g e m e n t re la tio n s in the F e d e r a l S e r v ic e ;
p r o v id e tech n ica l a d vice to the a g e n c ie s on e m p lo y e e - m a n a g e m e n t p r o g r a m s ; a s s is t in the
d ev e lo p m e n t of p r o g r a m s f o r tra in in g agen cy p e r s o n n e l in the p r in c ip le s and p r o c e d u r e s of
consultation, negotiation and the s e ttlem en t of disputes in the F e d e r a l S e r v i c e , and f o r the




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train in g of m an agem en t o ff i c i a l s in the d is c h a rg e of th eir e m p lo y e e - m a n a g e m e n t re la tio n s
r e s p o n s ib ilit ie s in the public in t e r e s t ; p r o v id e fo r continuous study and r e v i e w of the F e d e r a l
e m p lo y e e - m a n a g e m e n t r e la tio n s p r o g r a m and, f r o m tim e to tim e, make re c o m m e n d a tio n s
to the P r e s i d e n t f o r its im p r o v e m e n t.
Section 13.
(a) The C i v i l S e r v i c e C o m m is s io n and the D ep a rtm en t of L a b o r shall
jo in t ly p r e p a r e (1) p r o p o s e d standards of conduct fo r e m p lo y e e o r g a n iza tio n s and (2) a
p r o p o s e d code of f a i r la b o r p r a c t ic e s in e m p lo y e e - m a n a g e m e n t re la tio n s in the F e d e r a l
S e r v i c e a p p ro p ria te to a s s is t in s ecu rin g the u n ifo rm and e f f e c t i v e im p le m e n ta tio n of the
p o lic ie s , rights and r e s p o n s i b i l i t i e s d e s c r ib e d in this o r d e r .
(b) T h e r e is h e r e b y esta b lis h e d the P r e s i d e n t 's T e m p o r a r y C o m m itte e on the I m p l e ­
m entation of the F e d e r a l E m p lo y e e - M a n a g e m e n t R ela tion s P r o g r a m .
The C o m m itte e shall
con sist of the S e c r e t a r y of L a b o r , who shall be c h airm an of the C o m m itte e , the S e c r e t a r y
of D efen se, the P o s t m a s t e r G e n e ra l, and the C h airm an of the C i v i l S e r v i c e C om m is s io n .
In addition to such oth er m a tte r s r e la t in g to the im p le m e n ta tio n of this o r d e r as m a y be
r e f e r r e d to it by the P r e s i d e n t , the C o m m itte e shall ad v is e the P r e s i d e n t w ith r e s p e c t to
any p r o b le m s a r is in g out of c o m p le tio n of a g re e m e n ts pursuant to sections 6 and 7, and
shall r e c e i v e the p r o p o s e d standards of conduct fo r e m p lo y e e o r g a n iza tio n s and p ro p o s e d
code of f a ir la b o r p r a c t ic e s in the F e d e r a l S e r v i c e , as d e s c r ib e d in this section, and r e p o r t
t h e re o n to the P r e s i d e n t with such r e c o m m e n d a tio n s or amendments as it m a y d e e m a p p r o ­
p ria te .
Consonant w ith law, the d epartm ents and a g e n c ie s r e p r e s e n t e d on the C o m m itte e
shall, as m a y be n e c e s s a r y f o r the effectu ation of this section, furnish a s s is ta n c e to the
C o m m itte e in a c c o rd a n c e with s ectio n 214 of the A c t of M a y 3, 1945, 59 Stat. 134 (31 U.S.C.
691).
U nle ss o th e r w is e d i r e c t e d by the P r e s id e n t , the C o m m itte e shall cea se to e x is t 30
days a fte r the date on which it submits its r e p o r t to the P r e s i d e n t pursuant to this section.
S ection 14.
The head of each agency, in a c c o rd a n c e with the p r o v is io n s of this
o r d e r and regu lation s p r e s c r i b e d by the C i v i l S e r v i c e C o m m is s io n , shall extend to all e m ­
p lo y e e s in the c o m p e titiv e c i v i l s e r v i c e righ ts id en tica l in a d v e r s e actio n cases to those
p r o v id e d p r e f e r e n c e e l i g i b l e s under s ectio n 14 of the V e t e r a n s ' P r e f e r e n c e A c t of 1944, as
amended.
Each e m p lo y e e in the c o m p e titiv e s e r v i c e shall have the rig h t to appeal to the
C i v i l S e r v i c e C o m m is s io n f r o m an a d v e r s e d e c is io n of the a d m in is t r a t iv e o f f i c e r so acting,
such appeal to be p r o c e s s e d in an id e n tic a l manner to that p r o v id e d f o r appeals under s e c ­
tion 14 of the V e t e r a n s ' P r e f e r e n c e Act.
A n y r e c o m m e n d a tio n by the C i v i l S e r v i c e C o m ­
m i s s i o n submitted to the head of an agen cy on the basis of an appeal by an e m p lo y e e in the
c o m p e titiv e s e r v i c e shall be c o m p lie d with by the head of the agency.
T h is section shall
b e c o m e e f f e c t i v e as to a ll a d v e r s e actions c o m m e n c e d by issuance of a n o tific a tio n of p r o ­
p o sed action on or a fte r July 1, 1962.
S ection 15.
Nothing in this o r d e r shall be construed to annul or m o d ify, or to
p r e c lu d e the r e n e w a l or continuation of, any la w fu l a g r e e m e n t h e r e t o f o r e e n te r e d into b etw een
any ag e n c y and any r e p r e s e n t a t i v e of its e m p lo y e e s .
N o r shall this o r d e r p re c lu d e any
ag e n c y f r o m continuing to consult or deal with any r e p r e s e n t a t iv e of its e m p lo y e e s or other
o r g a n iz a tio n p r i o r to the tim e that the status and r e p r e s e n ta tio n righ ts of such r e p r e s e n t a t iv e
or o rg a n iz a t io n a r e d e t e r m in e d in c o n fo r m it y with this o r d e r .
S ection 16.
Th is o r d e r (e x c e p t se c tio n 14) shall not apply to the F e d e r a l Bureau
of In vestigation , the C e n tr a l In te llig e n c e A g en cy , or any other agency, or to any o ffic e ,
bureau o r entity w ithin an agency, p r i m a r i l y p e r f o r m i n g in te llig e n c e , in v e s t ig a t iv e , or
s e c u r it y functions i f the head of the a gen cy d e te r m in e s that the p r o v is io n s of this o r d e r
cannot be applied in a manner consistent with national s e c u r it y r e q u ir e m e n t s and c o n s i d e r ­
ations.
When he d eem s it n e c e s s a r y in the national in te re s t, and subject to such conditions
as he m a y p r e s c r i b e , the head of any ag e n c y m a y suspend any p r o v i s i o n of this o r d e r ( e x ­
cept s ectio n 14) with r e s p e c t to any ag e n c y installation or a c t iv it y w hich is lo c a te d outside
of the United States.
/s/
T H E W H I T E HOUSE,
January 17, 1962.




John F. Kennedy

Appendix B
Standards of Conduct For Employee
Organizations and Code of Fair Labor Practices 19

Sectio n 1. 1. P u r p o s e and S c o p e . T h e s e Standards o f Conduct f o r E m p lo y e e O r g a ­
n izations and the Code of F a i r L a b o r P r a c t i c e s in E m p lo y e e - M a n a g e m e n t C o op era tion in the
F e d e r a l S e r v i c e a r e issu ed pursuant to E x e c u tiv e O r d e r No. 10988.
T h e i r p u rp ose is to
a s s is t in secu ring the u n ifo r m and e f f e c t i v e im p le m e n ta tio n o f the p o l i c i e s , r ig h ts , and
r e s p o n s i b i l i t i e s d e s c r ib e d in the o r d e r by fixing m o r e d e fin it e ly the r e s p o n s i b i l i t i e s o f
e m p lo y e e org a n iz a tio n s and a g e n c ie s , p r o v id in g m o r e d e ta ile d c r i t e r i a f o r the p r o te c tio n
o f rig h ts sec u re d under the o r d e r , and establishing p r o c e d u r e s in both o f these a re a s
w hich w i l l a s s u re a n e c e s s a r y m e a s u r e o f u n ifo r m it y w ith in the e x e c u tiv e branch o f the
F e d e r a l G o v e rn m e n t.
Section
(a)

in the

1.

2.

D efinitions

" O r d e r " m eans E x e c u tiv e O r d e r No.

(b) " A g e n c y , "
order.

"e m p lo y e e o rg a n iza tio n ,"

10988.
and " e m p l o y e e " have the sam e m eaning as

(c) " A g e n c y m a n a g e m e n t" includes the agen cy head, and a ll m a n a gem en t o f f ic ia ls
and r e p r e s e n t a t iv e s o f m a n a gem en t having authority to act f o r the agen cy on any m a tte r s
r e la tin g to the im p le m e n ta tio n o f the agency e m p lo y e e - m a n a g e m e n t c o o p e r a tio n p r o g r a m as
e sta b lish ed under the o r d e r .
(d) " R e c o g n i t i o n " m eans re c o g n itio n w hich is o r m a y be a c c o r d e d to an e m p lo y e e
o r g a n iz a tio n pursuant to the p r o v is io n s o f the o r d e r .
S ection 1. 3. G e n e r a l R e s p o n s ib ilit ie s o f the C i v i l S e r v i c e C o m m i s s i o n . T h e C i v i l
S e r v i c e C o m m is s io n , in a c c o rd a n c e w ith the p r o v is io n s o f section 12 of the o r d e r , shall
be r e s p o n s ib le fo r the d is s e m in a tio n o f in fo r m a tio n w ith r e s p e c t to the Standards o f Conduct
and Code o f F a i r L a b o r P r a c t i c e s , and shall in su re an adequate exchange o f in fo rm a tio n
b etw een a gen cies as to its application and e n fo r c e m e n t.

PART

A

Standards o f Conduct F o r E m p lo y e e O rg a n iza tio n s
Sectio n 2. 1. A p p lic a t io n . T h e p r o v is io n s o f this P a r t a r e ap p licab le to a ll a gen cies
subje ct to the p r o v is io n s o f the o r d e r and to all e m p lo y e e o rg a n iz a tio n s a c c o r d e d r e c o g n itio n
under the o r d e r .
Sectio n 2. 2. Standards o f Conduct. No agen cy shall a c c o r d r e c o g n itio n to any
e m p lo y e e o r g a n iz a tio n unless the e m p lo y e e o r g a n iz a tio n is subject to g o v e rn in g r e q u ir e m e n t s ,
adopted by the o r g a n iz a tio n o r by a national o r in tern ation al e m p lo y e e o r g a n iz a tio n o r f e d ­
e r a tio n o f e m p lo y e e o r g a n iza tio n s w ith w hich it is a ffilia t e d o r in w hich it p a r t ic ip a t e s ,
containing e x p lic it and d eta ile d p r o v is io n s to which it s u b s c rib e s c a llin g fo r the follo w in g :
(a) T h e m aintenance o f d e m o c r a t ic p r o c e d u r e s and p r a c t i c e s , including p r o v is io n s
f o r p e r i o d i c ele c tio n s to be conducted subject to r e c o g n i z e d safegu ards and p r o v is io n s d e ­
fining and s ecu rin g the righ t o f individual m e m b e r s to p a r tic ip a tio n in the a f fa ir s o f the
o r g a n iz a tio n , to f a i r and equal tr e a tm e n t under the g o v e rn in g ru le s o f the o r g a n iz a tio n , and
to f a i r p r o c e s s in d is c i p l i n a r y p r o c e e d in g s ; *

*9

28 Federal Register 5127.




76

77
(b) The e x c lu s io n fr o m o ffic e in the o rg a n iz a tio n o f p e rs o n s a ffilia te d w ith C o m m u ­
n ist o r o th er to ta lita r ia n m o v e m e n ts and p erso n s id e n tifie d w ith c o rru p t in flu e n c e s ;
(c ) The p ro h ib itio n o f b u sin ess o r fin a n c ia l in te re s ts on the p a rt o f o rg a n iz a tio n
o ffic e r s and agents w hich c o n flic t w ith th e ir duty to the o rg a n iz a tio n and its m e m b e r s ; and
(d) The m ain ten an ce o f fis c a l in te g r ity in the conduct o f the a ffa ir s of the o r g a ­
n ization , in clu din g p r o v is io n f o r accounting and fin a n c ia l c o n tro ls and r e g u la r fin a n c ia l re p o rts
o r s u m m a rie s to be m ade a v a ila b le to m e m b e r s .
S ection 2. 3. A d op tion o f S tan dards. N o a gen cy sh all deny, suspend, o r w ith d ra w
r e c o g n itio n by re a s o n o f any a lle g e d fa ilu r e to adopt o r s u b scrib e to standards o f conduct
as p ro v id e d in s e c tio n 2. 2 o f this p a rt u nless it has f i r s t n o tifie d the o rg a n iz a tio n and the
n ation al o r in te rn a tio n a l o rg a n iz a tio n w ith w hich it is a ffilia te d o f such a lle g e d d e fic ie n c y
and has a ffo rd e d the o rg a n iz a tio n a rea s o n a b le opportu n ity to m ake any am endm ents o r
m o d ific a tio n s o r take any actio n that m a y be re q u ire d . In the even t that any qu estion
a r is in g under any p r o v is io n o f s e c tio n 2. 2 is not r e s o lv e d in a m u tu ally a ccep ta b le m an n er,
the agen cy sh a ll con su lt w ith the S e c r e ta r y o f L a b o r p r io r to m akin g a fin a l d e te rm in a tio n
that an o rg a n iz a tio n has fa ile d to co m p ly w ith such p r o v is io n s .
S ection 2.

4.

P ro ced u re

fo r

D en ia l,

Suspension

or

W ith d ra w a l

of

R eco g n itio n

(a) A n e m p lo y e e o rg a n iz a tio n w hich has adopted o r su b scrib ed to standards o f con ­
duct as p ro v id e d in s e c tio n 2. 2 o f this p a rt s h a ll not be re q u ire d to fu rn ish oth er e vid en ce o f
its fr e e d o m fr o m in flu en ces d e s c r ib e d in se c tio n 3(a) o f the o r d e r un less ( l ) the agen cy
has cause to b e lie v e that the o rg a n iz a tio n has been suspended o r e x p e lle d fr o m o r is su b ject
to oth er sanction by a p a ren t e m p lo y e e o rg a n iz a tio n o r la b o r o rg a n iz a tio n o r fe d e r a tio n o f
such o rg a n iza tio n s w ith w hich it had been a ffilia te d becau se it has d e m o n stra ted an u n w illin g ­
ness o r in a b ility to co m p ly w ith g o v e rn in g re q u ire m e n ts co m p a ra b le in pu rp ose to those
re q u ire d by s e c tio n 2 .2 o f this part, o r (2) re c o g n itio n in any fo r m has been denied, s u s­
pended, o r w ithdraw n by any o th er agen cy pursuant to this p art o r se c tio n 3(a) o f the
o r d e r and such d en ial, su spension, o r w ith d ra w a l rem a in s in e ffe c t, o r (3) th e re is r e a ­
sonable cause to b e lie v e that the o rg a n iza tio n , notw ithstanding its co m p lia n c e w ith s ectio n
2. 2 is in fa c t su bject to in flu en ces such as would p re c lu d e re c o g n itio n pursuant to the o r d e r .
(b) In any c a se w h e re ad d ition al e vid en ce is re q u ire d pursuant to ( l ) , (2 ), o r (3)
o f su b section (a ) o f this section , the agen cy s h a ll not deny, suspend, o r w ith d ra w re c o g n itio n
on the b a sis o f the excep tio n stated in s e c tio n 3(a) of the o r d e r u nless it has a ffo rd e d the
e m p lo y e e o rg a n iza tio n an opportu n ity to p re s e n t to the a gen cy such rea so n s o r c o n sid era tio n s
as it has to o ffe r re la tin g to why re c o g n itio n should not be denied, suspended, o r w ithdraw n.
If this opportu n ity is req u ested , the agen cy sh all p ro m p tly hold a h ea rin g.
Upon req u est
the agen cy s h a ll m ake a v a ila b le to the e m p lo y e e o rg a n iza tio n fo r use in the h e a rin g a con ­
c is e and a ccu ra te su m m a ry o f the fa c ts on w hich the agen cy intends to r e ly in rea ch in g its
d e c is io n , to g e th e r w ith a statem en t o f the rea so n s fo r the agen cy action . In lie u o f a
su m m a ry statem en t, the agen cy m ay m ake a v a ila b le to the e m p lo y e e o rg a n iz a tio n the e n tire
r e p o r t o f the agen cy in v e s tig a tio n . In any dispute o v e r the a c c u ra c y o r s u ffic ie n c y of in fo r ­
m ation so p ro v id e d , the fin a l d e te rm in a tio n sh a ll be m ade by the agen cy head. The em p lo y e e
o rg a n iz a tio n s h a ll have an opportu n ity to be p re s e n t at the h ea rin g, to be re p re s e n te d by
counsel, and to o ffe r such o r a l and d ocu m en tary e v id e n c e as m ay be re le v a n t to the issu e
o r issu es in c o n tr o v e r s y . A n y d e te rm in a tio n to deny, suspend o r w ith d ra w re c o g n itio n sh all
be m ade in w ritin g by the a gen cy head.
(c ) The agen cy m ay consult w ith the S e c r e ta r y o f L a b o r b e fo r e in stitu tin g any
p ro c e e d in g s pursuant to clau se (3 ) o f su b section (a ) o f this s e c tio n and sh a ll consu lt with
the S e c r e ta r y o f L a b o r p r io r to taking any fin a l action w ith r e s p e c t to the d en ia l, suspension,
o r w ith d ra w a l o f re c o g n itio n .
(d) W h ere an a gen cy d e te rm in a tio n denying, suspending o r w ith d raw in g re c o g n itio n
o f an e m p lo y e e o rg a n iz a tio n is m ade in a cco rd a n ce w ith su bsection s (b) and (c ) o f this
se c tio n a fte r con su ltation w ith the S e c r e ta r y o f L a b o r, any oth er a gen cy m ay th e r e a fte r deny,
suspend o r w ith d ra w re c o g n itio n as to such e m p lo y e e o rg a n iza tio n o r su bordinate a ffilia t e
th e r e o f w ithout r e g a r d to the p ro c e d u re s p r e s c r ib e d in su bsection (b) if such o th er agen cy has
a ffo rd e d such e m p lo y e e o rg a n iz a tio n o r su bordin ate a ffilia t e th e re o f an opportu n ity to p re s e n t
such rea son s and co n s id e ra tio n s as it m ay have to o ffe r as to why such p r io r d e te rm in a tio n
should not be fo llo w e d , and such agency, on the b a sis o f such su b m ission and a fte r co n ­
su ltation w ith the S e c r e ta r y o f L a b o r, fin ds that fu rth e r p ro c e d u re s a re u n n ecessa ry.




78

S ection 2.

5.

E ffe c t iv e D ates

(a) T h e p r o v is io n s o f this p a rt, oth er than se c tio n 2 .4 (b ) and (c) as h e r e in a fte r
p ro v id e d , s h a ll b e c o m e e ffe c t iv e im m e d ia te ly . No la te r than 6 m onths fr o m such e ffe c t iv e
d ate, each a gen cy sh a ll adopt such p erm a n en t p ro c e d u re s as m ay be n e c e s s a r y to im p lem en t
this p a rt. In s o fa r as m ay be p r a c tic a b le and a p p ro p ria te , a g en cies sh a ll con su lt w ith r e p r e ­
se n ta tiv e s o f r e c o g n iz e d e m p lo y e e o rg a n iz a tio n s in the fo rm u la tio n o f such p ro c e d u re s .
C o p ies o f any im p lem en tin g re g u la tio n s sh a ll be m ade a v a ila b le to r e c o g n iz e d e m p lo y e e
o rg a n iz a tio n s upon re q u e s t.
(b) P r i o r to the adoption o f such p erm a n en t p r o c e d u r e s , in m aking d e te rm in a tio n s
u n der the o r d e r w ith r e s p e c t to e m p lo y e e o rg a n iza tio n s w h ich seek o r have been a c c o rd e d
r e c o g n itio n , no a gen cy sh a ll deny, suspend o r w ith d ra w such re c o g n itio n on the b a sis o f the
excep tio n stated in the o r d e r excep t in a c c o rd a n c e w ith p ro c e d u re s co n fo rm in g as n e a r ly as
p o s s ib le to the re q u ire m e n ts o f s ectio n 2 .4 (b ) and (c) o f this p art.

PART

B

C ode o f F a ir L a b o r P r a c t ic e s

S ection 3. 1. A p p lic a tio n . T h e p ro v is io n s o f this p a rt a re a p p lic a b le to a ll a g en cies
su b ject to the p r o v is io n s o f the o r d e r and to a ll e m p lo y e e o rg a n iza tio n s a c c o rd e d re c o g n itio n
under the o r d e r .
S ection 3.
(a)

2.

P r o h ib ite d P r a c t ic e s *
1

A g e n c y m an agem en t is p ro h ib ite d fr o m :

(1) In te r fe r in g w ith , r e s tra in in g o r c o e r c in g any e m p lo y e e in the e x e r c is e o f the
righ ts a ssu red by E x e c u tiv e O r d e r N o. 10988, including those set fo rth in se c tio n
1 o f the o r d e r ;
(2) E n cou ragin g o r d is c o u ra g in g
d is c r im in a tio n in r e g a r d to h irin g ,
em p loym en t;

m e m b e rs h ip in any e m p lo y e e o rg a n iz a tio n by
ten u re, p ro m o tio n , o r o t h e r conditions o f

(3) S p on sorin g, c o n tro llin g o r o th e rw is e a s s is tin g any e m p lo y e e o rg a n iza tio n ,
ex cep t that an agen cy m ay fu rn ish c u s to m a ry and rou tin e s e r v ic e s and fa c ilit ie s
pursuant to s ectio n 10 o f the o r d e r w h e re co n sisten t w ith the b e s t in te re s ts o f the
a gen cy, its e m p lo y e e s and the o rg a n iz a tio n , and w h e re such s e r v ic e s and fa c ilit ie s
a r e fu rn ish ed , if re q u e s te d , on an im p a r tia l b a sis;
(4) D is c ip lin in g o r o th e rw is e d is c rim in a tin g a gain st any e m p lo y e e b ecau se he
has file d a co m p la in t o r g iv e n te s tim o n y under the o r d e r o r under the Standards
o f Conduct fo r E m p lo y e e O rg a n iza tio n s o r C ode o f F a ir L a b o r P r a c t ic e s ;
(5) R efu sin g to a c c o rd a p p ro p ria te
q u a lifie d fo r such re c o g n itio n ;

re c o g n itio n

to

an e m p lo y e e o rg a n iz a tio n

(6) R efu sin g to h e a r, con su lt, c o n fe r o r n e g o tia te w ith an e m p lo y e e o rg a n iz a tio n
as r e q u ire d by the o r d e r .
(b)

E m p lo y e e o rg a n iza tio n s a re p ro h ib ite d fro m :

(1) In te r fe r in g w ith, re s tra in in g o r c o e r c in g any e m p lo y e e in the e x e r c is e of
the righ ts a ssu red by E x e c u tiv e O rd e r N o. 10988, including th ose s et fo rth in
se c tio n 1 o f the o r d e r ;
(2) A ttem p tin g to induce a gen cy m an agem en t
em jo ym en t o f his rig h ts under the o r d e r ;




to

coerce

any e m p lo y e e in the

79

(3) Coercing or attempting to coerce, or disciplining, any member of the orga­
nization as punishment or reprisal for, or fo r the purpose of hindering or impeding
his discharge of his duties owed as an officer or employee of the United States;
(4) Calling or engaging in any strike, work stoppage, slowdown, or related
picketing engaged in as a substitute for any such strike, work stoppage or slowdown,
against the Government of the United States;
(5) Discriminating against any employee with regard to the terms or conditions
of membership because of race, color, creed, or national origin.
(c) No employee organization which is accorded exclusive recognition shall deny
membership to any employee in the appropriate unit except for failure to meet reasonable
occupational standards uniformly required for admission, or for failure to tender initiation
fees and dues uniformly required as a condition of acquiring and retaining membership, but
nothing contained in this subsection shall preclude an employee organization from enforcing
discipline in accordance with procedures under its constitution or bylaws which conform to
the requirements set forth in section 2. 2(a) of the Standards of Conduct for Employee
Organizations.
Section 3. 3.

General Procedures for Enforcement

(a) Each agency shall provide fair and adequate procedures for the filing, investi­
gation, and processing of complaints of violations of section 3. 2 which w ill cover all cases,
except as provided in subsection (c) of this section, whether initiated by employees, an agency,
or an employee organization, as follows:
(1) In cases initiated by an employee or several employees with the same com­
plaint, in which the matter in issue is subject to an applicable grievance or appeals
procedure within the agency, such procedure shall be the exclusive procedure used.
(2) A ll cases not covered by subsection (a)(1) and (c) of this section shall be
processed under procedures which shall include provisions for the informal resolu­
tion or adjustment of complaints where possible; for the designation of an impartial
hearing officer or panel of such officers; and, in cases where it appears that there
is substantial basis for a complaint and the matter is not inform ally adjusted, for
an opportunity for a hearing before a hearing officer or panel of such officers
upon notice, for the right to be represented by counsel, and for findings of fact,
or for findings of fact and recommendations, by such officers or panel. Such p ro­
cedures shall not, however, be available for the rehearing of issues processed
under the provisions of the Standards of Conduct or section 11 of the order. In
perform ing the function provided for in this subsection, hearing officers shall be
responsible directly to the agency head.
(b) Hearings held pursuant to subsection (a)(2) shall be informal, but rights of con­
frontation and cross-examination shall be preserved so far as may be necessary for the
development of the facts, and the findings of fact or findings of fact and recommendations
of the hearing officer or panel shall be based upon the record developed in the hearing.
Copies of such findings of fact or findings of fact and recommendations shall be made
available to the parties. In any proceeding under this section, the complainant or respondent
shall be entitled to receive a concise and accurate summary of the facts relating to the
complaint, and upon which the agency intends to rely, together with a statement of the
reasons for the agency's action. The agency may, in lieu of a summary statement, make
available to the complainant or respondent the entire report of the agency's investigation of
the complaint. In a case in which the complainant or respondent is provided with a summary
statement, the hearing officer shall have the right, upon request, to examine the entire
record in such case, including all data gathered pursuant to an investigation, to determine
that the summary is fair and accurate.
(c) Cases involving any strike, work stoppage, slowdown or related picketing engaged
in as a substitute for any such strike, work stoppage or slowdown, shall be covered by
such procedures and subject to such remedies and sanctions consistent with law as the
agency head determines to be appropriate to the situation without regard to the limitations
of this section or section 3. 4.




80

S ection 3. 4. F in a l D e c is io n and N o t ic e . A ll fin a l d e c is io n s s h a ll be in w r itin g
and s h a ll be fu rn ish ed to the o rg a n iz a tio n and the n ation al o r in te rn a tio n a l o rg a n iza tio n w ith
w h ich it is a ffilia te d . Such d e c is io n s s h a ll inclu de a statem en t o f the fin d in gs and rea so n s
in support o f the d e c is io n . If the d e c is io n is that agen cy m an agem en t has engaged in a
p ro h ib ite d p r a c tic e , the a gen cy sh a ll im m e d ia te ly take n e c e s s a r y action in a c c o rd a n c e w ith
the d e c is io n to re m e d y the v io la tio n . I f the d e c is io n is that an e m p lo y e e o rg a n iz a tio n has
engaged in a p ro h ib ite d p r a c tic e , the a gen cy head sh a ll n o tify the e m p lo y e e o rg a n iz a tio n o f
the e x is te n c e o f such v io la tio n and re q u e s t a p p ro p ria te c o r r e c t iv e action. F a ilu r e o f an
e m p lo y e e o rg a n iz a tio n to c o m p ly w ith such re q u e s t a fte r the date on w h ich it b ec o m e s
e ffe c t iv e sh all be grounds fo r the w ith h oldin g, o r su spension o f re c o g n itio n u n til the v io la tio n
has been r e m e d ie d , o r fo r the w ith d ra w a l o f re c o g n itio n in a p p ro p ria te ca s e s as d e te rm in e d
by the a gen cy head.
S ection

3.

5.

E ffe c t iv e D ate

(a) T h e p r o v is io n s o f sectio n 3. 2 o f this p art sh a ll be e ffe c t iv e im m e d ia te ly . No
la te r than s ix m onths fr o m such e ffe c t iv e d ate, each agen cy sh a ll adopt p erm a n en t p ro c e d u re s
to im p le m e n t this part. In s o fa r as m ay be p r a c tic a b le and a p p ro p ria te , a g en cies sh a ll consu lt
w ith r e p r e s e n ta tiv e s o f e m p lo y e e o rg a n iza tio n s in the fo rm u la tio n o f such p ro c e d u re s . C o p ies
o f any im p lem en tin g reg u la tio n s sh a ll be m ade a v a ila b le to re c o g n iz e d e m p lo y e e o rg a n iza tio n s
upon re q u est.
(b) In m aking d e te rm in a tio n s under se c tio n 3. 2 p r io r to the adoption o f such p e r ­
m anent p r o c e d u r e s , a g e n c ie s s h a ll as n e a r ly as p o s s ib le co n fo rm to the b a s ic p ro c e d u r a l
r e q u ire m e n ts o f this p a rt, and in no c a s e w h e re an opp ortu n ity fo r h e a rin g , o r a fin a l
n o tic e as d e s c r ib e d in s ectio n 3. 4, is r e q u ire d under this part sh a ll an a gen cy w ith h old ,
suspend, o r w ith d ra w re c o g n itio n w ithout an op p ortu n ity fo r such h ea rin g o r w ithout such
a fin a l n o tice.

T h e W h ite H ouse,
M a y 21, 1963




Appendix C
Merit Staffing

Supplementary Agreem ent No. 2 between U.S. Department of Labor
and Department of Labor Lodge 12, Am erican Federation
of Government Employees, A F L -C IO
The Department of Labor and Labor Lodge 12, AFGE, agree that the purposes and
intent of this agreement are to ensure that employees are given full and fair consideration
for advancement and to ensure selection from among the best-qualified candidates. It is
further agreed that this agreement must be administered in such a way as to develop maximum
possible employee confidence and to achieve the purposes of this agreement as simply and
efficiently as possible.

A rticle I.
Locating Candidates and Publicizing Vacancies
Departmental candidates w ill be located through using the area of automatic consid­
eration, through advertising, or through a combination of these methods. In addition to
applying for advertised vacancies, any employee may place him self in an area of automatic
consideration by applying in advance as described in Section 2c of this article.
1.
A position must be advertised throughout the Department in the Washington area
if an area of automatic consideration is not used, or contains less than five qualified can­
didates, or if candidates from outside the Department are to be considered. Copies of all
such advertisements w ill be furnished to Labor Lodge 12.
Advertising w ill include the following information about such a position:
a.

Title and grade

b. Geographic and organizational location
c. Summary statement of duties
d. Qualifications
e. Relative importance of the essential knowledges, skills, and abilities
f.

Whether the area of automatic consideration is being used, and if so, what it is

g. Where additional information may be secured
h. Where applications should be sent
i. Closing date
2.
Employees w ill be automatically considered, when an area of automatic consid­
eration is used, as follows:
a. For positions at GS-13 and above— all bureau employees at the next lower grade
in the same classification title and series as the vacant position.
b. For positions at GS-12 and below— all bureau employees in the Washington area
who are at the next lower grade in the same classification title and series as the vacant
position.
For cle rica l positions, if there are 20 employees or m ore qualified for a position
who are located in a prim ary subdivision of a bureau, this subdivision shall be the area
of automatic consideration.




81

82

c. A d van ce a p p lica tio n — a ll e m p lo y e e s who h ave file d an advance a p p lica tion in the
bureau fo r the g ra d e and c la s s ific a tio n title and s e r ie s o f the p o s itio n b ein g fille d through
use o f the a r e a o f autom atic co n s id e ra tio n .
E m p lo y e e s m ay subm it ap p lica tion s in advance fo r any s p e c ifie d occu p a tion a l
grou p and g ra d e .
T h e s e m ay be sent to any bureau in w hich the e m p lo y e e w is h e s to
be c o n s id e re d . Such a p p lication s w ill r e m a in a c tiv e fo r 1 y e a r fr o m the date e lig ib ilit y
is d e te rm in e d .
d. When an a re a o f autom atic c o n s id e ra tio n is used, a ll e m p lo y e e s in the autom atic
a re a who h ave w o rk e d in the D ep a rtm en t fo r at lea st 90 ca le n d a r days m ust be c o n s id e re d ,
plus a ll e m p lo y e e s who have p r e v io u s ly file d a p p lica tion s under sectio n 2c o f this a r t ic le .
3.
Each bu reau p e rs o n n e l o ffic e w ill publish a w e e k ly lis t o f p o sitio n s
b a rg a in in g unit bein g fille d fr o m w ith in an a r e a o f au tom atic c o n s id e ra tio n .
T h is lis t w ill
be d is p la y e d in the W ashington o ffic e s o f the bureau issu in g the lis t and a co p y w ill be
fu rn ish ed L a b o r L o d g e 12.
Th e lis t w ill in clu de o rg a n iz a tio n a l and bu ildin g lo c a tio n fo r each
p o s itio n and any addition al q u a lific a tio n s ap p roved under a r t ic le II, se c tio n 1. The p o s itio n
w ill appear on the f i r s t w e e k ly lis tin g a fte r the bureau p ers o n n e l o ffic e d e te rm in e s that
the p o s itio n can be fille d fr o m w ith in an a re a o f au tom atic c o n s id e ra tio n .

in

A r t ic le II.

D e te rm in in g B a s ic E lig ib ilit y
Each e m p lo y e e who file s an a p p lica tio n w ill be g iv e n p rom p t n o tice in w r itin g by
the bureau p ers o n n e l o ffic e as to w h eth er o r not he m e e ts the q u a lific a tio n re q u ire m e n ts
fo r the p o sitio n fo r w hich he applied.
1. A n y q u a lific a tio n s r e q u ire d in addition to m a n d a to ry C iv il S e r v ic e C o m m is s io n
standards m ust be a p p roved by the A s s is ta n t A d m in is tr a tiv e A s s is ta n t S e c r e t a r y and inclu ded
in the announcem ent. Such a d d ition al re q u ire m e n ts m ust be e s s e n tia l to the p r o p e r p e r fo r m ­
ance of the duties of the p ositio n .
A d d itio n a l q u a lific a tio n s con cern in g se x o r p h y s ic a l
con d ition w ill be a p p roved on ly when re q u ire d by the actu al du ties and w o rk in g con dition s
o f the p o sitio n under c r it e r ia e s ta b lish ed by the C iv il S e r v ic e C o m m is s io n .
2. A l l can didates w ill be ra ted again st the sam e standards w ithout r e g a r d to r a c e ,
r e lig io n , p o litic s , o r age.
S ex o r p h y s ic a l con d ition w ill be a fa c to r in d e te rm in in g e l i ­
g ib ilit y on ly as s p e c ifie d in s ectio n 1.
3. N o candidate m ay be elim in a te d fr o m c o n s id e ra tio n on the b a sis o f an addition al
standard not s p e c ifie d in the announcem ent o r lis tin g .

A r t ic le III.

G rou pin g o f C andidates
C andidates w i l l be evalu ated into two grou p s by q u a lific a tio n s ra tin g e x a m in e rs o r
by m e r it s ta ffin g pan els.
Standard F o r m s 57 o r 58 and the annual s u p e r v is o r y a p p ra is a l
w ill be used fo r eva lu a tion s.
The use o f O ffic ia l P e r s o n n e l F o ld e r s w ill be m in im iz e d . 1

1.

E va lu a tion by q u a lific a tio n s ra tin g e x a m in e rs .

a.
Q u a lifica tio n s ra tin g e x a m in e rs w ill be d esign a ted by the A s s is ta n t A d m in is tr a tiv e
A s s is ta n t S e c r e ta r y to ra te fo r s p e c ifie d grou ps o f p o sitio n s. T h e y m ust be e ith e r e x p e rt
in the occu p ation al fie ld fo r w hich they a re d esig n a ted to ra te , o r be s k ille d in the
eva lu a tion o f e x p e r ie n c e , education, and tra in in g .




the

83
b. The im m e d ia te s u p e rv is o r m ay not s e r v e as the q u a lific a tio n s ra tin g e x a m in e r fo r
the p o sitio n to be fille d .
c. M an agem en t w ill a d vise the L o d g e in advance o f grou ps o f p o sition s to be s e r v ic e d
b y q u a lific a tio n s ra tin g e x a m in e rs and the nam es o f p erso n s to be appointed as e x a m in e rs .
2.

E va lu a tion by M e r it S taffin g P a n e ls .

a. P e r s o n s who s e r v e on panels m ust be e ith e r e x p e rt in the occu p ation al fie ld o f
the va ca n cy and at a g ra d e le v e l equal to o r above the va ca n cy, o r s k ille d in the
eva lu a tion o f e x p e r ie n c e , education, and tra in in g .
b. The s u p e rv is o r o f the vacant p ositio n m a y not s e r v e on the panel fo r that p ositio n
u n less, in e x c e p tio n a l c irc u m s ta n c e s , p r io r ap p ro va l has b een obtained fr o m the A s s is ta n t
A d m in is tr a tiv e A s s is ta n t S e c r e ta r y .
L a b o r L o d g e 12 w ill be g iv e n t im e ly n o tice o f a ll
situ ations in w hich such a p p ro va l is given .
3. When, even a fte r a d v e rtis in g , th e re a re fiv e o r fe w e r can d id ates, the evalu ation
re q u ire d in sectio n s 1 and 2 o f this a r tic le w ill not be m ade. H o w e v e r, in m aking a s e le c tio n
in such a situ ation the s e le c tin g o ffic ia l w ill fo llo w the p ro c e d u re s in a r t ic le IV , s ectio n 4.
4. No s u p e r v is o r y o r oth er e m p lo y e e sh all in any w a y attem pt to in flu en ce q u a li­
fic a tio n s ratin g e x a m in e rs o r m e m b e rs o f the M e r it S taffin g P a n e l in the c a r r y in g out o f
th e ir r e s p o n s ib ilitie s .
5. E va lu a tion o f can didates w ill be b ased on a r e v ie w o f each in d iv id u a l's to ta l b a c k ­
ground to d e te rm in e the exten t to w hich he p o s s e s s e s the n e c e s s a r y quantity and q u a lity o f
e x p e r ie n c e , k n ow led ge, s k ills , a b ilitie s and tra in in g needed fo r s u c c e s s fu l p e rfo rm a n c e in
the job to be fille d .
a. E va lu a tion is to be m ade w ithout
o r p h y sica l condition.

re g a r d to ra c e ,

r e lig io n ,

p o litic s ,

age,

sex,

b. E valu ation s m ay be m ade jo in tly by the panel o r in d iv id u a lly b y the m e m b e rs .
If the la tte r m ethod is used, the panel w ill p re p a re a c o m p o s ite ra tin g fr o m th e ir
in d ivid u a l ra tin g s.
The m ethod used m ust be re c o r d e d and a ll r e c o r d s o f in d ivid u al
and c o m p o s ite ra tin gs m ust be p r e s e r v e d .
c. E va lu a tion fa c to r s sh all be applied u n ifo rm ly to a ll can didates and m ade a m a tte r
of reco rd .
The su m m a ry eva lu a tio n fo r each candidate m ust be co n sisten t with the
fa c to r eva lu a tion s.
6. The annual s u p e r v is o r y a p p ra is a l w ill p ro v id e fo r e m p lo y e e com m en t.
A copy
o f the a p p ra is a l w ill be g iv e n the e m p lo y e e .
No annual s u p e r v is o r y a p p ra is a l is to be used
on w hich the e m p lo y e e has not had an opp ortu n ity to com m en t.
7. E m p lo y e e s m a y exam in e th e ir e n tire p e rso n n el f ile ex cep t fo r such docum ents
C iv il S e r v ic e C o m m is s io n regu la tio n s r e q u ire not be shown to the e m p lo y e e .
Such docum ents
a re in sea led e n velo p es and are not to be seen by the ratin g e x a m in e r o r panel.

A r t ic le IV .

S e le c tio n

o ffic ia l,

The b e s t-q u a lifie d p e rs o n fo r the p ositio n to be fille d , in the judgm ent o f the s e le c tin g
sh all be s e le c te d .

1.
In d ecid in g who is the b est q u a lifie d ,
to base his c h o ice on the fo llo w in g c r it e r ia :
a.
The
to be fille d .




it is the o b lig a tio n o f the s e le c tin g o ffic ia l

b est com b in ation o f education and e x p e rie n c e re q u ire d fo r the s p e c ific job

84

b. P e r s o n a l t r a i t s — such as a b ility to w o r k with o th e r s , to e x e r t le a d e r s h ip o r to
s u p e r v is e — to the extent they are r e q u ir e d by the s p e c ific job to be fille d .
c. P a s t and p resen t job p e r f o r m a n c e as they r e la t e to the r e q u ir e m e n ts o f the job
to be fille d .
d. Length of s e r v i c e in the g ra d e b e lo w that o f the job to be f i l l e d , o r in a h ig h e r
g r a d e , to the extent that such s e r v i c e is r e la te d to the c u rre n t r e q u ir e m e n t s o f the
s p e c ific job to be f ille d .
2. An e m p lo y e e shall be s e le c te d when his q u alification s equal o r
the b e s t - q u a lifie d candidate f r o m outside the D ep a rtm en t.
If a non em p loyee
th e re are a v a ila b le e m p lo y e e s e l i g i b l e f o r s e le c tio n , the s e le c tin g o f f i c i a l
b a s is f o r his s e le c t io n in w r it in g by showing how the q u alification s of the
a re s u p e r io r to those o f the e m p lo y e e s who w e r e not s e le c te d .

e x c e e d those of
is s e le c te d , and
w i l l explain the
p e r s o n s e le c t e d

3. If th e re a r e f e w e r than f i v e candidates in the top group, candidates in the second
grou p m a y also be c o n s id e r e d . H o w e v e r , i f an e m p lo y e e f r o m the second grou p is s e le c te d ,
the s e le c tin g o f f i c i a l w i l l e xp la in the b a s is f o r his s e le c t io n in w r itin g by showing how the
q u alification s o f the p e r s o n s e le c t e d a re s u p e r io r to each candidate in the h ig h e r group.
4. When th e re are f i v e o r f e w e r candidates f o r a p osition the s e le c tin g o f f i c i a l w i l l
exp lain the b a s is f o r his s e le c t io n in w r itin g on the b a s is of the applicable section s o f this
a r t ic le .
5. When re q u e s te d under A r t i c l e V, the s e le c tin g o f f i c i a l shall explain his c h oice
in w r it in g on the b a sis of the applicable section s o f this a r t ic le .
6. S e lection s w i l l be made without r e g a r d to r a c e ,
p h y s ic a l condition.

r e lig io n ,

p o lit ic s ,

age,

7. If the qu alification s o f two o r m o r e e m p lo y e e s a re substantia lly equal,
w i l l be g iv e n in the fo llo w in g o r d e r :
a.

or

preference

A n e m p lo y e e dow ngraded through R I F .

b.

sex,

A n e m p lo y e e at the m a x im u m scheduled s a l a r y rate f o r his g ra d e.

c. The e m p lo y e e who has the lon gest p e r io d o f tim e since his la st p rom otion .
This
p e r io d o f tim e w i l l be com puted to the n e a r e s t y e a r . In the event o f a tie in this fa c t o r ,
p r e f e r e n c e w i l l be g iv e n f i r s t to the e m p lo y e e in the bureau with the vacan cy, then to
the e m p lo y e e with the g r e a t e s t amount o f L a b o r D e p a rtm e n t s e r v i c e , and f in a lly to the
e m p lo y e e with the lo n g e s t F e d e r a l s e r v i c e .
8. P u b lic iz in g sele ctions-— A l l c o m p e t it iv e s e le c tio n s m ade in the b argain in g unit w i l l
be lis t e d at the sam e location s at which v a c a n c ie s are a d v e r tis e d .
C o p ie s o f such lis t s w i l l
be sent to L a b o r L o d g e 12.

A r t i c l e V.

R e v i e w of M e r i t Staffing A ctio n s
Upon an e m p l o y e e 's o r a l o r w r it t e n req u est, the e m p lo y e e o r his design ated r e p r e ­
sentative shall be g iv e n in fo r m a tio n r e g a r d in g a s p e c if ic m e r i t staffing action f o r which the
e m p lo y e e was c o n s id e r e d .
1.
The bureau p e rs o n n e l o f f i c e w i l l upon r e q u e s t ad vise the e m p lo y e e o r his d e s i g ­
nated r e p r e s e n t a t i v e o f the ratin g grou p the e m p lo y e e w as p laced in f o r any position in the
bureau f o r which the e m p lo y e e w as c o n s id e re d .
Such a re q u e s t m a y be made anytim e a fter
a v a c a n c y has been a d v e r t is e d o r announced in the b a rga in in g unit.
The e m p lo y e e o r his
r e p r e s e n t a t i v e w i l l be g iv e n the r e q u ested in fo r m a tio n within two w o rk d a y s a fte r the e v a l ­
uation has been made.




85

2. A f t e r a s e le c t io n has been announced, the bureau p e r s o n n e l o f f i c e w i l l , upon
requ est, ad vise an e m p lo y e e who was a candidate f o r the position o r his design ated r e p r e ­
sentative what ratin g grou p the p e r s o n who was s e le c te d was assig ned.
3. Within 10 w o r k d a y s a fte r the date a s e le c tio n is announced an e m p lo y e e who was
,a candidate o r his d esign a ted r e p r e s e n t a t iv e m a y re q u e s t a r e v i e w and explanation o f the
m e r i t staffin g action.
Such r e q u e s ts shall be in w r it in g to the head o f the bureau in which
the v a c a n c y o c c u r r e d and shall:
a. Id en tify
r e v ie w e d ; and
b.

the

p a r t ic u la r

aspect o f the action which the e m p lo y e e w is h e s to have

Explain b r i e f l y why the e m p lo y e e w is h e s the r e v i e w made.

4. When such a re q u e s t is m ade, the e m p lo y e e o r his design ated r e p r e s e n t a t iv e
w i l l be g iv e n an explanation o f the action within 10 w o rk d a y s.
This explanation shall be in
w r itin g i f the e m p lo y e e r eq u ests it be so made.
5. If a va ca n cy cannot be f i l l e d f o r any re a s o n once a li s t o f candidates has been
p r o c e s s e d f o r a v acan cy, the m an agem en t of the bureau w i l l g iv e an e m p lo y e e who has
m ade an in q u iry under this a r t ic le o r his d esign a ted r e p r e s e n t a t iv e the r e a s o n the position
cannot now be f ille d .
6. A t the in itia tiv e o f m an agem en t o r L a b o r L o d g e 12 s p e c ific m e r i t staffing actions
m a y be r e v i e w e d at a bureau e m p lo y e e - m a n a g e m e n t re la tio n s m ee tin g .
The group w i l l be
g iv e n a c c e s s to the c o m p le te r e c o r d o f the action.
In addition, the grou p m a y secu re
through the head o f the bureau a w r it t e n explanation by the s e le c tin g o f f i c i a l o f his s e le c tio n
as r e q u ir e d in a r t i c l e IV, se c tio n 5. S p e c ific actions w i l l not be d is c u s s e d at the D e p a r t ­
m en ta l l e v e l ex cep t as n e c e s s a r y to point up b r o a d e r p r o b le m s which e ith e r p a rty is
presen tin g.
7. T h e r e w i l l be r e g u l a r l y scheduled D e p a rtm e n ta l r e v i e w s o f bureau p erso n n el
actions taken under this a g re e m e n t.
A r e p r e s e n t a t iv e nominated by the lodge w i l l p a r t i c ­
ipate in each such r e v i e w to d e t e r m in e i f the purposes and intent o f this a g r e e m e n t are
being fu lfille d .
The lodge r e p r e s e n t a t iv e w i l l be d e ta ile d to O A A S f o r the p e rio d of the
review .

A r t i c l e VI.

General
1. T h is a g r e e m e n t is applicable to all p e rs o n n e l actions fi l l i n g c o m p e t it iv e positions
in the L a b o r L o d g e 12 b a rga in in g unit subject to the c a t e g o r i e s o f exceptions stated in the
D e p a r t m e n t 's M e r i t Staffing regu lation s. Changes in these c a t e g o r i e s o f e x cep tio n s, as a p p li­
cable in the b a rga in in g unit, a re subject to n egotiation betw een the p a r tie s .
E m p lo y e e s
w i l l be kept in fo r m e d o f the c u rre n t c a t e g o r i e s of exceptions.
2. This a g r e e m e n t shall be in t e r p r e t e d in a ccord a n ce with the D e p a rtm e n t o f L a b o r
and C i v i l S e r v i c e C o m m i s s i o n re g u la tio n s , and nothing in this a g r e e m e n t shall in any way
ab rid ge the righ ts o f the individual e m p lo y e e under such regu lation s.
S p e c ific a lly , the
e m p l o y e e 's righ t to f i l e a c o m p la in t under the D e p a r tm e n t's M e r i t Staffing regu lations is in
no w a y lim it e d by this a g re e m e n t.
3. This a g r e e m e n t shall be m ade e f f e c t i v e as r a p id ly as a d m in is t r a t iv e ly f e a s ib le ,
but no la t e r than 45 days a fter signing by both p a rtie s .




Appendix D
Identification of Clauses

Agency, Installation, and Employee Organization
1
2

3
4
5
6
7
8

9
10
11

12

13
14
15
16
17
18
19
20
21




Veterans Administration Hospital— Tuscaloosa, Ala.
Government (AFGE, Lodge 131).
Treasury, Bureau of Engraving and Printing— Washington, D. C.
Printing Pressmen (IPPA, Local 1).
Air Force, Seymour Johnson AFB— North Carolina.
Operating Engineers (IUOE, Local 437).
Veterans Administration Hospital— Muskogee, Okla.
Government (AFGE, Lodge 2250).
Army, Army Map Service— Washington, D. C.
Lithographers (LPIU, Local L-98).
Navy, Long Beach Naval Shipyard— California.
Metal Trades Council (MTC).
Health, Education, and Welfare, Social Security Administration,
District Office— Kansas City, Mo.
Government (AFGE, Lodge 1336).
Navy, Naval Air Station, Whidbey Island— Washington.
Government (AFGE, Lodge 1513).
Navy, Pearl Harbor Naval Shipyard— Hawaii.
Metal Trades Council (MTC).
Labor— Washington, D. C.
Government (AFGE, Lodge 12).
Smithsonian Institution, National Zoological Park—
Washington, D. C.
Government (AFGE, Lodge 185).
Navy, Naval Air Turbine Test Station— Trenton, N. J.
Metal Trades Council (MTC).
Veterans Administration Regional Office— Los Angeles, Calif.
Government (AFGE, Lodge 490).
Army, Army Pictorial Center— Long Island City, N. Y.
Federal Employees (NFFE, Local 1106) (ind.).
Agriculture, Agricultural Marketing Service— Nationwide.
Tobacco Inspectors (FTIMA) (Ind. ).
Navy, Public Works Center— Norfolk, Va.
Metal Trades Council (MTC).
Army, Redstone Arsenal— Alabama.
Government (AFGE, Lodge 1858).
Army, Engineer Depot— Granite City, 111.
Operating Engineers (IUOE, Local 149A).
Navy, Charleston Naval Shipyard— South Carolina.
Metal Trades Council (MTC).
Navy, Naval Air Station— Sanford, Fla.
Metal Trades Council (MTC).
Navy, MSTS, Gulf Area— New Orleans, La.
Marine Engineers (MEBA).
Treasury, Bureau of Engraving and Printing— Washington, D. C.
Plate Printers (PPDSE, Local 2).

86

87

Agency, Installation, and Employee Organization
23
24
25
26
27
28
29
30
31
32
33
34
35
3b
37
38
39
40
41
42
43
44
45
46
47




Navy, Fleet Anti-Air War Training Center— Dam Neck , Va.
Government (AFGE, Lodge 1835).
Navy, Naval Station— Washington, D. C.
Metal Trades Council (MTC).
Federal Aviation Agency, Systems Maintenance Sector No. 395—
Wake Island.
Electrical Workers (IBEW, Local 1186).
Army, Blue Grass Army Depot— Richmond, Ky.
Machinists (IAM, Lodge 859).
Navy, New York Naval Shipyard— Brooklyn, N. Y.
Metal Trades Council (MTC).
Navy, Navy Publications and Printing Service Office---Boston, Mass.
Government (NAGE, Local R l-61) (Ind. ).
Navy, Naval Air Station— Olathe, Kans.
Government (AFGE, Lodge 134 7).
Army, Fort Huachuca— Tucson, Ariz.
Electrical Workers (IBEW, Local 570).
Commerce, Saint Lawrence Seaway Development Corp.—
Michigan and New York.
Government (AFGE, Lodge 1968).
Interior, Bureau of Mines Research Center— Morgantown, W. Va.
Government (AFGE, Lodge 1995).
Commerce, Coast and Geodetic Survey— Washington, D. C.
Lithographers (LPIU, Local L-98).
Air Force, Hickman AFB— Hawaii.
Electrical Workers (IBEW, Local 1186).
Army, District Corp of Engineers— Nashville, Tenn.
Electrical Workers (IBEW, Locals 316 and 2080).
Navy, Navy Publications and Printing Service—
Point Mugu, Calif.
Government (AFGE, Lodge 1224).
Veterans Administration Hospital— Madison, Wis.
Government (AFGE, Lodge 1 732).
Navy, San Francisco Naval Shipyard— California.
Metal Trades Council (MTC).
Navy, Naval Construction Battalion Center— Davisville, R. I.
Government (NAGE, Local R l-14) (Ind.).
Navy, Naval Supply Depot— Newport, R. I.
Federal Employees Association (Local 1) (ind.).
Navy, MSTS, Far East Area— Japan.
Marine Engineers (MEBA).
Navy, Naval Air Station— Jacksonville, Fla.
Machinists (IAM, Lodge 1630).
Army, Fort McClellan— Alabama.
Government (AFGE, Lodge 1941).
Navy, Naval Air Station— Brunswick, Maine.
Government (NAGE, Local R l-77) (ind.).
Navy, Naval Supply Center— Norfolk, Va.
Machinists (IAM, Lodge 97).
Tariff Commission— Washington, D. C.
Lithographers (LPIU, Local L-98).
Civil Aeronautics Board, Office of Administration—
Washington, D. C.
Lithographers (LPIU, Local L-98).

88
Clause
number
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66

67

68
69
70




Agency, Installation, and Employee Organization
Navy, Navy Publications and Printing Service Office—
Pearl Harbor, Hawaii.
Lithographers (LPIU, Local L-62).
Interior, National Park Service, National Capital Region—
Washington, D. C.
Painters (BPDP, Local 1632).
Army, Fort Leslie J. McNair— Washington, D. C.
Government (AFGE, Lodge 1935).
Federal Aviation Agency, Aircraft Service Base—
Oklahoma City, Okla.
Machinists (IAM, Lodge 960).
Health, Education, and Welfare, Social Security Administration,
Philadelphia Payment Center— Pennsylvania.
Government (AFGE, Lodge 2006).
Health, Education, and Welfare, Social Security Administration,
District Office— Miami, Fla.
Government (AFGE, Lodge 2091).
Veterans Administration Hospital— W ilkes-Barre, Pa.
Government (AFGE, Lodge 1699).
Interior, Bureau of Commercial Fisheries— Terminal Island,
San Pedro, Calif.
Government (AFGE, Lodge 1981).
Navy, MSTS, Pacific Area— San Francisco, Calif.
Marine Engineers (MEBA).
Army, Pine Bluff Arsenal— Arkansas.
Government (AFGE, Lodge 953).
Navy, Puget Sound Naval Shipyard— Bremerton, Wash.
Metal Trades Council (MTC).
Navy, Supervisor of Shipbuilding— Camden, N .J.
Technical Engineers (AFTE, Lodge 198).
Atomic Energy Commission, Albuquerque Operations Office,
Branch Office--- Amarillo, Tex.
Government (AFGE, Lodge 2231).
Veterans Administration Center— Mountain Home, Tenn.
Government (AFGE, Lodge 1687).
Navy, Naval Air Station— Norfolk, Va.
Government Inspectors (NAGI, Unit No. 3) (Ind. ).
Treasury, Coast Guard Aircraft Repair and Supply Base—
Elizabeth City, N. C.
Machinists (IAM, Lodge 2203).
General Services Administration, Region 6— Kansas City, Mo.
Government (AFGE, Lodge 234).
Interior, Bureau of Reclamation, Rio Grande Project—
New Mexico.
Electrical Workers (IBEW, Local 611).
Navy, Navy Public Works Center— Newport, R. I.
Government (AFGE, Lodge 190).
Interstate Commerce Commission— Washington, D. C.
Lithographers (LPIU, Local L-98).
Navy, Naval Academy— Annapolis, Md.
Government (AFGE, Lodge 896).
Navy, MSTS, Far East Area— Japan.
Maritime (NMU).
Navy, MSTS, (Office)— Honolulu, Hawaii.
Marine Engineers (MEBA).

89

Agency, Installation, and Employee Organization
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86

87
88

89
90
91
92
93
94
95




Army, Army Map Service— Providence, R. I.
Government (AFGE, Lodge 1884).
Veterans Administration Hospital— Montrose, N. Y.
Montrose Employee Union Council.
Air Force, Reese AFB— Lubbock, Tex.
Government (AFGE, Lodge 1810).
Army, Umatilla Army Depot— Hermiston, Oreg.
Government (AFGE, Lodge 1417).
Navy, Marine Corps Base— Twenty-Nine Palms, Calif.
Government (AFGE, Lodge 2018).
Air Force, Nellis AFB— Las Vegas, Nev.
Government (AFGE, Lodge 1199).
Interior, Bureau of Indian Affairs— Seattle, Wash.
Employees Council of USMV North Star III.
Navy, Marine Corps Air Facility— Santa Ana, Calif.
Government (AFGE, Lodge 1881).
Veterans Administration Center— Hot Springs, S. Dak.
Government (AFGE, Lodge 153 9).
Navy, Naval Air Station— Alameda, Calif.
Operating Engineers (IUOE, Local 39).
Navy, Naval Underwater Ordnance Station— Newport, R. I.
Machinists (LAM, Lodge 119).
Air Force, Cannon AFB— Clovis, N. Mex.
Government (AFGE, Lodge 230 8).
Navy, Naval Ordnance Plant— Louisville, Ky.
Machinists (IAM, Lodge 830).
Army, District Corp of Engineers— Buffalo, N. Y.
Maritime (NMU).
Navy, MSTS, Gulf Area— New Orleans, La.
Maritime (NMU).
Army, District Corps of Engineers— Philadelphia, Pa.
Marine Engineers (MEBA).
Navy, Naval Torpedo Station— Keyport, Wash.
Metal Trades Council (MTC).
Interior, Bureau of Reclamation, Middle Rio Grande Project—
New Mexico.
Government (AFGE, Lodge 224 6).
Agriculture, Agricultural Marketing Service— Omaha, Nebr.
Government (AFGE, Lodge 2223).
Interior, Bureau of Mines, Helium Activity— Amarillo and
Exell, Tex.
Government (AFGE, Lodge 2104).
Air Force, Chanute AFB— Illinois.
Federal Employees (NFFE, Locals 493 and 1381) (Ind. ).
Navy, Navy Publications and Printing Service Office—
Mare Island, Vallejo, Calif.
Printing Pressmen (IPPA, Local 473).
Federal Aviation Agency, Headquarters Printing Plant—
Washington, D. C.
Lithographers (LPIU, Local L-98).
Health, Education, and Welfare, Social Security Administration,
Payment Center----Chicago, 111.
Government (AFGE, Lodge 1395).
Navy, Naval Oceanographic Office— Washington, D .C .
Lithographers (LPIU, Local L-98).

90

Clause
number
96
97
98
99
100
101
102
10 3
104
105
106
107
108
109
110
111
112
113
114
115
116

Agency, Installation, and Employee Organization
General Services Administration, Region 7— Dallas, Tex.
Postal Alliance (NAPE) (Ind. ).
Veterans Administration Center— Reno, Nev.
Government (AFGE, Lodge Z15 2).
Interior, Bureau of Indian A ffairs, Yakima Agency—
Portland, Oreg.
Federal Employees (NFFE, Local 341) (Ind.).
Labor, Bureau of Apprenticeship and Training, Region VI—
Cleveland, Ohio.
Government (AFGE, Lodge 1071).
General Services Administration, Region 5— Chicago, 111.
Government (AFGE, Lodge 1626).
Veterans Administration Hospital— Perry Point, Md.
Government (AFGE, Lodge 331).
Interior, Bureau of Reclamation, Region 3— Boulder City, Nev.
Lithographers (LPIU, Local L-22).
Navy, Naval Hospital— Philadelphia, Pa.
Government (AFGE, Lodge 1350).
Defense, Armed Forces Institute— Madison, Wis.
Government (AFGE, Lodge 1773).
Army, Watertown Arsenal— Massachusetts.
Association of Engineers and Scientists (ind. ).
Agriculture, Agricultural Research Service— Nationwide.
National Joint Council of AFGE Meat Inspection Lodges.
Interior, Bureau of Commercial Fisheries— Seattle, Wash.
Alaska Fishermen1s Union (SIU).
General Services Administration, Region 2— New York, N. Y.
Government (AFGE, Lodge 2061).
Army, District Corps of Engineers— Baltimore, Md.
Government (AFGE, Lodge 1041).
Air Force, Kincheloe AFB— Michigan.
Federal Employees (NFFE, Local 32) (Ind. ).
Veterans Administration Regional Office----San Francisco, Calif.
Government (AFGE, Lodge 1159).
Railroad Retirement Board— Nationwide.
Government (Council of AFGE Lodges).
Navy, MSTS, Atlantic Area— New York, N. Y.
Maritime (NMU).
Veterans Administration Hospital— Fayetteville, Ark.
Government (AFGE, Lodge 2201).
Interior, Bureau of Mines, District A. Health and Safety—
W ilkes-Barre, Pa.
Government (AFGE, Lodge 2268).
Navy, Navy Publications and Printing Service— San Diego, Calif.
Printing Pressmen (IPPA, District Joint Council).

NOTE: All unions are affiliated with the AFL-CIO except those followed
by (Ind. ).




U . S.

GOVERNM ENT

P R IN T IN G

O F F IC E

: 1965

O

- 7 8 4 -5 6 2




BUREAU OF LABOR STATISTICS REGIONAL OFFICES