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U N IT E D S T A T E S D E P A R T M E N T O F L A B O R
Frances Perkins, Secretary
B U R E A U OF L A B O R STATISTICS
Isador Lubin, Commissioner (on leave)
A . F. Hinrichs, Acting Commissioner
+
Collective Bargaining in Paper and
Allied Products Industry
♦
Prepared by
A R N O L D W. F R U T K IN
o f the
IN D U ST R IA L R E LA TIO N S DIVISION
FLORENCE PETERSON, Chief
Bulletin N o. 709
{Reprinted without change from the M onthly L abor R eview, A pril 1942]
UNITED STATES
G O V E R N M E N T PR IN T IN G OFFICE
W ASH ING TON t 1942
For sale by the Superintendent of Documents, Washington, D . C.
Price 5 cents
CONTENTS
Pag9
Summary______________________________________________________________
Unions in the industry_________________________________________________
Union agreements_____________________
Union status-----------------------------------------------------------------------------------Wages--------------------------------------------------------------------------------------------Hours, overtime, and shift provisions_______________________________
Vacations---------------------------------------------------------------------------------------Seniority, lay-off, and promotion-----------------------------------------------------Military service---------------------------------------------------------------------------------Health and safety------------------------------------------------------------------------------Adjustment of disputes_______________________________________________
Strikes and lock-outs_________________________________________________
Duration and renewal-------- ----------------------------------------------------------------H
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Bulletin 7s£o. 709 o f the
U nited States Bureau o f Labor Statistics
{Reprinted without change from the M onthly L abor R e v ie w , April 1942]
COLLECTIVE BARGAINING IN PAPER AND ALLIED
PRODUCTS INDUSTRY
Sum m ary
The manufacture of paper and allied products includes the production
of pulp, the conversion of pulp into paper and paperboard, and the
fabrication of paper and paperboard into the wide variety of articles
generally described as converted paper products. The production of
pulp and its conversion into paper or paperboard are usually carried
on as integrated processes within a single establishment. Converted
paper products, however, are more commonly made in independent
plants that obtain their raw materials from the primary paper mills.
The pulp and primary paper mills are situated chiefly near the source
of their principal raw material, pulp wood. Consequently, there is a
heavy concentration of paper manufacture in the Northeastern and
Lake States, the Pacific Northwest, and the South. On the other
hand, paper-converting plants tend to establish themselves near their
markets. Because of the widespread use of paper products, sub
stantial numbers of papsr-converting establishments are found in
every section of the country.
The manufacture of pulp and primary paper is carried on in rela
tively large establishments, situated as a rule outside of the most
populous areas, whereas the paper converting plants are smaller on the
average and are commonly found in the large metropolitan districts.
The pulp and primary paper branch employs very few female workers,
but about 40 percent of the workers in the converting branch are
women. Total employment is estimated to be about 150,000 in each
branch.
Unions in the Industry
Labor organization in this industry began on a significant scale in
1893 when the International Brotherhood of Papermakers was char
tered by the American Federation of Labor. The jurisdiction of
this union was originally limited to machine tenders and beater en
gineers, but shortly after its founding was extended to cover the entire
pulp and primary paper industry. Despite the broad scope of its
l
2
COLLECTIVE BARGAINING
jurisdiction, membership in the International Brotherhood of Papermakers was generally limited to the skilled employees of the paper
mills. As a result, a strong movement developed for a separate
organization to represent the less skilled employees. An independent
union, established in 1906, drew heavily* from the membership of the
Papermakers' organization and seriously threatened its existence.
In 1909 the American Federation of Labor redefined the jurisdiction
of the International Brotherhood of Papermakers to include only
“ the skilled workers in the machine and beater rooms and subsequent
processes” and issued a separate charter to the new Brotherhood of
Pulp, Sulphite and Paper Mill Workers. These two organizations
are now the most important American Federation of Labor unions in
the industry, although the United Wall Paper Craftsmen and Workers
of America is predominant in the wallpaper branch and the unions of
Bookbinders and Pressmen also have some members in the industry.
The C. I. O. became active in the industry in the fall of 1940 when
the name of the United Playthings and Novelty Workers' Union was
changed to the United Paper, Novelty, and Toy Workers' Union, the
new organization taking over about 30 local industrial unions that
had been formed in converted paper products plants. The most
recent organization to enter the paper and allied products industry is
District 50 of the United Mine Workers of America, which originally
covered only the gas, byproducts, coke, and chemical industries, but
which has been expanding its jurisdiction to include other industries
in which chemical processes play a significant part. At present this
union has agreements with four large primary paper companies as well
as some smaller companies.
In general, the jurisdictional claims of the various unions fall within
one or the other of the two branches of the industry. Thus, the
International Brotherhood of Papermakers is for the most part limited
to the pulp and primary paper branch, while the International Brother
hood of Pulp, Sulphite and Paper Mill Workers claims jurisdiction
over the common laborers in paper mills and over all types of workers
in paper-converting operations. Organizational activities of the
United Paper, Novelty and Toy Workers' have been limited to the
converting division, whereas District 50 of the United Mine Workers is
active in the pulp and primary paper branch. The A. F. of L. printingtrades unions, whose agreements cover about 5 percent of the total
number of paper and allied products employees under agreement,
limit their organizational activities to incidental processes in the
manufacture of converted paper products, such as bookbinding and
printing. The United Wall Paper Craftsmen and Workers (A. F.
of L.) with a present membership of somewhat over 4,000, have an
industry-wide agreement covering nearly all wallpaper companies.
PAPER AND ALLIED PRODUCTS INDUSTRY
3
Membership reported at the 1941 convention of the American
Federation of Labor was 25,800 for the International Brotherhood of
Papermakers and 44,200 for the Pulp, Sulphite, and Paper M ill
Workers.1 Since the membership of the United Paper, Novelty
and T oy Workers and that of District 50 include many workers not
attached to the paper industry, no exact figures can be given for the
C. I. O. representation.
Union Agreements
About two-fifths of the workers in pulp and primary paper mills
and about one-fifth of those in converting establishments are covered
by union agreements at the present time. The two American Federa
tion of Labor unions, the Papermakers and the Pulp Workers, together
cover about 80 percent of the total number of workers under agree
ment. In a m ajority of the large companies, agreements are negotiated
jointly by these two unions.
The outstanding agreement in the industry is that negotiated by
the Pacific Coast Paper and Pulp Association with both of these
unions. It includes 34 of about 37 major Pacific Coast mills and
covers over 15,000 wage earners, accounting for nearly 20 percent of
the total United States coverage of the two unions. The agreement
was first reached in August 1934, and since then has been renewed
annually. Little difficulty has been experienced by the contracting
parties in renewing the agreement. A dispute within the unions as to
the extent of local autonomy was resolved by a compromise which per
mits the local unions a voice in the formulation of the agreements
proposed to the employers but which requires universal acceptance
of the final negotiated draft after ratification by a m ajority of the
membership.
The following description of leading provisions of collective agree
ments in the paper and allied products industry is based on an analysis
of 84 agreements, including the Pacific Coast agreement. In addi
tion to the latter, the analysis includes 36 agreements negotiated by
the Brotherhood of Pulp, Sulphite and Paper Mill Workers, 29 by
the Brotherhood of Papermakers, 15 by the United Paper, Novelty
and Toy Workers, and 3 by District 50 of the United Mine Workers.
UNION STATUS
About 60 percent of the agreements on file for the paper and allied
products industry contain union-shop provisions requiring member
ship in good standing in the union, generally within 30 days of hiring.
About half of these, including among the larger companies the Con-*
* Between one-fourth and one-third of the members in the two major American Federation of Labor
unions are employed in Canada. (Proceedings of l$th Convention of International Brotherhood of Papermakers, p. 50).
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COLLECTIVE BARGAINING
solid&ted Water Power & Paper Co. and the Great Northern Corpora
tion, specify preferential hiring of union members. The check-off is
rarely provided except in some agreements negotiated by the United
Paper, Novelty, and T oy Workers, a few of which require individual
authorization by the union members.
About a fifth of the Papermakers, and Pulp Workers’ agreements,
including the Pacific Coast agreement, embody maintenance-ofmembership clauses which provide that union members, or those who
become union members, must thereafter maintain such membership
in good standing as a condition of employment. Maintenance of
membership is also provided for in a few C. I. O. paper agreements.
The companies signatory to the Coast agreement agree to cooperate
with the union “ in every proper and lawful way to assist in obtaining
and retaining members.” In the event that an employee is expelled
from or denied entry into either union, he may refer his case to the
international president of the union who has final voice in the matter.
Pending such final decision, he may continue working if he has filed
a brief with the local mill manager. This type of provision is dupli
cated in several other Papermakers’ and Pulp Workers’ agreements as
well as in one negotiated by District 50 of the United Mine Workers.
Nearly all of the remaining agreements analyzed recognize the
union as sole bargaining agent for all employees, except of course
those occupational groups usually excluded from agreement coverage,
such as administrators, supervisors, sales, research, clerical, account
ing, and other office personnel. In a very few cases, however, the
union is recognized as bargaining agent for its members only, and
in one case this type of clause is combined with a maintenance-ofmembership provision.
Almost all the agreements permit the use of bulletin boards for
union postings, and allow limited leave of absence for the purpose
of executing authorized union business.
WAGES
Two wage orders of the Federal Wage and Hour Administrator
have set 40 cents as the lowest rate that may be paid in the pulp
and primary paper industry, but allow differential minima of 36,
38, and 40 cents in the various converted paper products industries.2
The minimum wages for male employees, set by agreements, range
from the above rates up to 75 cents an hour. Wage levels for pulp
and primary paper are generally higher than for converted paper
products. The minima in this division cluster around 60 cents per
hour, whereas in agreements covering converted paper establish
ments, the lowest rates are more often around 50 cents per hour.*
* Title 29, C b. V , Code of Federal Regulations, Pts. 585 and 598.
PAPER AND ALLIED PRODUCTS INDUSTRY
5
The Coast agreement sets a basic hourly rate of 75 cents for male
workers and 62% cents for female workers. Detailed job descriptions
which differentiate between men's and women's jobs are appended
to the agreement, and women and males under 21 years of age may
not work at men's jobs unless they receive equal pay. Men under
21 may work at women's jobs and may continue working at them
after that age until such time as a transfer is feasible. Otherwise
men are not to be placed on women's jobs at women's rates.
The hiring rate is fixed at no more than 6 cents less than the base
rate and tlie beginner must be raised to the base rate on or before
the completion of 3 months' service. Four classes of mechanics are
distinguished, with rates ranging from 85 cents for helpers to $1.10
and over for Class A mechanics. Bonus and premium plans are
specifically prohibited.
W age Changes
About one-third of the agreements make some specific provision
for wage changes during the life of the agreement. A small number
preclude such changes, while the remainder make no statement in
regard to interim adjustments. The Coast agreement maintains the
established wages throughout its yearly term, but provides that
changes may be made by negotiation if notice is given 30 days prior
to the annual expiration of the agreement.
The most common provision for reopening the wage schedule stipu
lates mandatory reconsideration of the subject upon the request of
either party after advance notice, usually 30 but in some cases 60
days. Although in most instances the notice may be served at any
time during the life of the agreement, a few prohibit such action until
3 or 6 months after the signing of the agreement.
Two agreements, one of the Papermakers and one of District 50
of the United Mine Workers, link the wage level to the cost of living.
The latter provides for an hourly increase of 2 cents should the cost
of living, as indicated by the Massachusetts Department of Labor
index, rise 5 percent or more in a 6-month period. The other simply
obliges the parties to reconsider the wage schedule when the United
States Bureau of Labor Statistics cost-of-living index rises 3 percent
above its level on the date the agreement was reached. A third
agreement provides for reconsideration of wages upon any “ general
change in the level of business activity."
Piece rates and day rates may, in a small number of cases, be
changed by management alone, but a few of these agreements require
that the union be given 30 days' notice. An equal number of agree
ments, however, permit no change in piece or day rates without
complete agreement b y 4both parties. One agreement provides for
special arbitration of wage disputes, whereas most include wages
with other questions that may be arbitrated.
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COLLECTIVE BARGAINING
M inim um Call P a y
Well over half of the agreements contain requirements for the com
pensation of employees who report for work at their usual hour, or
other required time, without having been notified sufficiently in
advance that no work is available for them. The Coast agreement
guarantees 2 hours’ pay at the employee’s regular rate. If he already
has begun work and then is asked to stop because there is no more to
be done, a minimum of 4 hours’ pay is awarded. This clause does
not apply if the unavailability of work is caused by a major break-down,
accident, or interruption of power beyond the company’s control.
The same compensation is required by almost half the Papermakers’
and Pulp Workers’ agreements, but about one-third guarantee 4,
rather than 2 hours’ pay. Clauses stipulating 3 hours’ pay occur in
a few cases. The payment of at least 4 hours’ wages at the employee’s
usual rate is also provided if the employee is put on some substitute
work when his own is not available.
About half the agreements provide special compensation for em
ployees called to work outside of the hom*s of their regular shift, or,
in fewer cases, to a day worker similarly called. Since shift arrange
ments are more common in primary paper production than in paper
conversion, such provisions are more often found in agreements with
primary paper firms. The standards of payment for call time vary
considerably from agreement to agreement and in different situations.
They range from time and a half for all work done to a guaranteed
minimum of 4 hours at the regular rate. In the Coast agreement, a
day worker called to work at other than his regular time is paid 2
hours’ call time plus time actually worked. Similar payment is made
to a tour worker called in before the start of his regular shift, but not
for a single recall during an incomplete shift upon which work has been
suspended for more than 1 hour.
Repair W ork and Changing Screens
The wire screens in the Fourdrinier machines, upon which the pulp
fibers are shaken to form a matted sheet, require periodic change.
Similarly, the “ felts” which are used in the process of pressing and
drying the fibrous mats must be changed after a certain amount of use.
M ost agreements contain special pay provisions for such changes and
for emergency repair work. Little uniformity exists in the agreements
as to rates of pay for these operations. Some set forth a fixed basis for
compensating such work, no matter when performed, but the bases
are different in almost every case, ranging from a minimum guaranty
of 3 hours’ pay or time and a half actual time, whichever is greater, to
a maximum of 6 hours’ pay. Other agreements have different rates
for changes made before the worker’s own shift, for those made after,
PAPER AND ALLIED PRODUCTS INDUSTRY
7
and again for changes made during his shift. By and large, the pro
visions work out to yield a minimum of about 4 hours' pay.
On any one change performed by a worker called in at some time
other than his own shift, the Coast agreement provides for 2 hours'
call pay, plus pay for time worked, but not less than a total of 4 hours
on any one wire or felt. Changes performed on time immediately
prior to, or after, the worker's shift, are paid for on the basis of the
time worked plus 2 hours' extra time. These provisions also apply
to tour workers when working on machines other than their own. If
the change is performed during a worker's shift, but on a machine
other than his own, he receives 2 hours' extra pay.
Transfer Rates
Almost all the agreements make provisions for the wages to be paid
to employees temporarily transferred to some work other than their
own. The large majority provide for payment of the higher wage
when the new job bears a higher return, and payment of the accus
tomed rate when the new job pays less. A very few agreements pro
vide for payment at the rate of the job performed, whether higher or
lower than the original job rate of the transferee.
HOURS, OVERTIME, AND SHIFT PROVISIONS
Well over four-fifths of the agreements, including the Coast agree
ment and others of large coverage, provide for a maximum 8-hour day
and 40-hour week, with pay at the rate of time and a half for overtime
work. Several agreements provide for overtime pay to shift workers
for work in excess of 40 hours a week but do not specify the maximum
hours per day. Almost one-tenth of the agreements, as originally
drafted, set a 48-hour week. Such provisions are now displaced by
the Fair Labor Standards Act which limits regular working hours to
40. M ost of the others state simply that hours are subject to the
requirements of the Wage and Hour Administration.
Unlike some other continuous-process industries, the paper and pulp
industry does not operate 7 days per week. Shut-downs on Sunday
are the rule. Although only a few agreements specify a 5-day week
for individual employees, a number of others indirectly make the same
provision, and in practice, the 5-day workweek is widespread. In
the agreements making specific provision, generally in conversion
plants, Saturday work is grouped with Sunday and holiday work as
warranting penalty pay, usually at the rate of time and a half. Only
a negligible number of these agreements contain clauses permitting
work on Saturday, to make up for a previous midweek holiday. One
agreement allows straight time for work on Saturday morning, but
time and a half for Saturday afternoon and double time for all work
over 8 hours on Saturday.
468772°— 42----- 2
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COLLECTIVE BARGAINING
The agreements which imply the 5-day week provide a day off in
addition to prohibiting Sunday work. This is a common practice in
the paper and pulp mills, 6-day continuous operation being main
tained by means of a swing shift which fills in where workers are out
on their day off. In one case, work on the day off is compensated for
at the rate of time and a half for actual hours worked, provided that
8 hours’ pay is the minimum compensation. Another clause sets a
rate of time and a half, with a minimum of 3 hours. A third stipulates
an allowance of 3 hours’ pay in addition to actual time worked.
Sundays and Holidays
The great majority of the agreements prohibit work on Sunday,
except in the event of emergencies and often then only with consent
of the union. When work is performed on Sunday, pay at the rate
of time and a half is provided for in most agreements, double time in
a few. Sunday work at the rate of time and a half is permitted by
the International Paper Co. agreement, when the company deems it
necessary.
The number of holidays named in the agreements varies from
three to seven, but is typically six. In only a very few cases are
holidays granted with pay. Time and a half is the usual payment for
holiday work, although double time is specified in a number of agree
ments. In the Coast agreement, 3-shift continuous operations in the
industry are interrupted on Sundays, Independence Day, Labor Day,
and Christmas Day. No work may be done on these days save in
the protection of life and property or “ major” maintenance and
repair work, the interpretation of which the union may contest. In
such cases, time and a half is to be paid. The Christmas holiday is
to be so scheduled as to give each worker 24 hours off.
Shift Arrangements
The nature of the productive process in the pulp and primary paper
industry is necessarily continuous, and shift operations are therefore
universal, except (as above indicated) that no work is done on Sun
days. Since continuous-process operations are not necessary in con
verted plants, multiple-shift arrangements are rarely made except
temporarily to increase production. In the pulp and primary paper
agreements, the number of shifts varies between three and four, three
being most common. The Southern Kraft Co. agreement is an
example of one applicable to four shifts, that of the International
Paper Co. to three. Rotation of shifts is general, although stipulated
in only a few agreements. Weekly rotation is provided for by the
International Paper Co. but in actual practice in the industry at large
the usual rotation cycle extends over 4 weeks. Management agrees
to avoid split shifts in the Coast agreement.
PAPER AND ALLIED PRODUCTS INDUSTRY
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Only a small number of agreements provide for joint employerunion regulation of shifts. Two agreements, including that with
Consolidated Water Power & Paper Co., allow a change from three
shifts to four if acceptable to the union. Others simply require that
the employer give reasonable notice of schedule changes. In the Coast
agreement, the schedule of shifts in effect at the time the agreement
was signed is to continue unless changes are made necessary by pressing
reasons of production. In the event of such change, the union is per
mitted to question the interpretation of the term “ pressing.”
Although none of the agreements provide for the lay-off of shift
workers during the week in order to equalize overtime worked on a
particular day, compliance with certain provisions in the agreements
would, in many cases, require such a practice. Thus, the Coast,
Southern Kraft, and most other pulp and primary paper agreements
stipulate that no overtime be paid a tour worker whose extra hours are
occasioned by the failure of the worker on the next shift to relieve him
or to notify the company in reasonable time of his inability to appear.
Under such provisions, if a tour worker who had served an extra shift
were not laid off at some subsequent time during the week to equalize
his overtime work, the employer would be obliged by the Fair Labor
Standards Act to pay for the hours worked over 40, at a penalty rate.
Thus, lay-offs to equalize such work must be made if, in accordance
with the agreements’ provisions, no overtime may be paid for working
a double shift or a part of a second shift.
The practice of equalizing overtime is implied in the provisions of
still another small group of agreements. Several, although providing
that day workers be compensated for daily overtime, allow only
weekly overtime to workers engaged in continuous processes. This
permits the employer to introduce a certain elasticity into the work
day of the shift worker, without having to bear the added cost of the
penalty rate. For example, if a tour worker is required to work extra
hours on any day during the week, he may be laid off a number of
hours later in the week to equalize this overtime and thus keep within
the 40-hour week. The International Paper Co. agreement permits
the extension of the daily stint by specifying overtime for the tour
worker only for Sunday and holiday work, while the Great Northern
agreement pays tour workers overtime only for extra hours spent on
other than tour work. Equalization lay-offs must be made under
both these agreements in order that the employer be not obliged to
pay for daily overtime work.
VACATIONS
Over 60 percent of the agreements establish vacations with pay for
regular employees. Of these, nearly three-fourths provide for 1
week's vacation after being in the company's employ 1 year. One
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COLLECTIVE BARGAINING
also gives 2 weeks’ vacation after service of 2 years, and another after
3 years. M ost of the remaining agreements with vacation clauses
establish 1 week’s vacation only after 2 years’ employment. One
agreement specifies periods of vacation varying with the number of
hours worked in the past year. Two agreements provide 2 days’
vacation after 1 year’s service.
Several of the agreements which award 1 week after 1 year of service
require that the employee, in order to qualify for a vacation, must
have actually worked during the preceding year a specified minimum
number of hours, generally about 1,600, but ranging from 960 to 1,800.
Three of these agreements also grant 2-day vacations to employees
with 6 months’ service, or, in one case, after not less than 1,040 hours
of work during the preceding year. Similarly, half the agreements
awarding 1 week after 2 years’ service require a specified minimum
number of actual working hours during the year immediately preced
ing the vacation.
Vacation pay is usually based on 40 hours at the employee’s regular
rate, or in several cases, 2 percent or “ 1/50” of his previous annual
earnings. About one-fourth of the agreements with vacation clauses,
including that for the Pacific Coast, do not permit pay allowances in
lieu of vacation but require employees to take the vacation to which
they are entitled. Only a few employers may grant either vacations
or compensatory bonuses. As well as making the vacation obligatory,
most of the agreements’ provisions (including the Coast agreement),
prohibit cumulation of vacation periods.
In almost every case the company reserves the right to designate
the vacation period. Thus, one agreement permits the company to
refuse to allow more than 2 percent of the employees in any depart
ment to take vacations at one time. A few agreements stipulate that
all vacations be taken within a specified period, as in one case, from
M ay first to December first; in another, from June first to October first.
SENIORITY, LAY-OFF, AND PROMOTION
Despite the fact that all but a very few of the agreements have pro
visions relating to seniority, the large majority of the agreements
allow management to consider factors other than service, such as
ability and experience, in questions of lay-off, rehiring, promotion,
transfers, and shift assignments. Thus, the Southern Kraft and
the Union Bag & Paper Co. (Savannah) agreements state that when all
the factors constituting ability are equal, seniority shall govern. The
International Paper Co. agreement and one other specifically permit
management to base rehiring, promotion, and lay-offs solely on the
worker’s ability, without reference to length of service.
The role of the union in determination or application of a seniority
rule is not made apparent in most of the agreements. Bases for the
PAPER AND ALLIED PRODUCTS INDUSTRY
11
determination of service rating as well as procedures for implementing
the seniority clauses as a whole are either lacking or not clearly indi
cated, with the exception of a minority of the. agreements which dis
tinguish between departmental and plant-wide seniority, mostly
designating the department as the unit. It is likely, then, that under
most agreements questions of seniority receive their primary considera
tion under the regular grievance procedure where they are not subject
to any exclusions. However, a few agreements permit the union to
recommend employees for trial periods prior to promotion. The joint
standing committees, established by the Coast agreement to hear
grievances, also hear cases arising out of application or nonapplication
of the seniority principle and may make recommendations, but
management has the final decision.
Shift assignment on the basis of seniority is infrequently mentioned
in the agreements, doubtless because of the general practice of shift
rotation. “ Bumping” (displacing an employee with less accrued
service) is permitted in a few instances.
Only a small minority of agreements specify share-the-work plans
when lay-offs become necessary. A few provide an equal division of
work with reduction of hours to as low as 30 per week, after which
lay-offs are made according to seniority. Two require that available
work be shared and days per week be reduced to 3 and 4 respectively
before lay-offs on the basis of service are made. In another agree
ment, the number of shifts is to be temporarily reduced and work
equally divided among remaining employees, provided that the
efficiency of the plant is not impaired or lowered.
Loss of seniority, discussed in only a few agreements, is occasioned
by quitting or discharge. Also, if a laid-off employee fails to appear
or give notice, usually within 72 hours, when solicited for reemploy
ment, his seniority is lost.
MILITARY SERVICE
About one-third of the agreements make it obligatory for manage
ment to provide for the reemployment of selectees and volunteers for
the armed forces after their period of serving, if application is made
within a specified time, usually 40 days, and if the applicant retains
his physical capacities as a wage earner. Some of these agreements
provide for the cumulation of seniority during absence for military
service, although most of them simply provide for the retention of
seniority rights already accrued. A few agreements provide that
vacation pay be granted, where eligibility is established, to workers
upon being drafted. One, in addition to guaranteeing reemployment,
awards 4 weeks’ severance pay at the workers’ regular rate.
12
COLLECTIVE BARGAINING
HEALTH AND SAFETY
The large majority of the agreements include either specific safety
provisions or express intent to comply with company rules which list
desirable precautions. The Coast agreement states that employees
are obliged to comply with such safety rules as may be issued and
adds, “ The union and the company shall cooperate in selecting one or
more safety committees which will meet once a month to consider all
safety problems.,, A requirement that employees submit to medical
examination upon hiring or upon the desire of management is rather
common. Thus one agreement states: “ As a safety and sanitary
measure, the company may require a medical exam before or during
employment to be made by a competent physician hired by the com
pany, without loss of time on the part of the employee. In case of
injury or serious illness, while on duty, the company will provide
means of conveying the employee to hospital or home, provided such
conveyance is reasonably necessary.” Another agreement specifically
states that a medical examination is required “ as a condition of em
ployment.” In none of these cases is provision made for appeal from
the decision of the doctor designated by the company.
ADJUSTMENT OF DISPUTES
Grievance machinery in the paper industry is fairly well standard
ized. Almost all the agreements establish, except for minor varia
tions, a procedure according to which the aggrieved employee presents
his case to the foremen, or, in some instances, may have the shop com
mittee do so. Failing satisfaction at this point, the committee goes
through one or more steps during which it receives the services of the
local union officers in conferences with successively higher manage
ment officials. Nearly all the agreements provide for the participation
of the international union officers in the last step of grievance pro
cedure.
Over two-thirds of the grievance provisions impose time limits upon
the length of the successive steps involved, in order to prevent a
settlement from becoming unduly delayed by protracted discussion at
any one step. During the entire process, the aggrieved employee
usually retains his status until all points of difference are resolved,
except in cases of discharge.
In over half the agreements specific mention of discharge is made,
most of these providing for handling disputed cases through the regular
grievance machinery. This is also true of the Coast agreement.
Generally, a discharge grievance must be registered in writing within
48 hours of the notice of termination, but in one case as much as 5
days is permitted. In almost all instances, a finding of insufficient
support for the dismissal carries with it reinstatement and back pay
PAPER AND ALLIED PRODUCTS INDUSTRY
13
for time lost. In a few agreements, the amount of back pay is limited
to 3 weeks. Full restoration of seniority is guaranteed in some
clauses. A very small number retain discharge as an unqualified
prerogative of the employer, eliminating it from grievance appeal.
In the great m ajority of cases, the grievance mechanism is estab
lished for the handling of any and all disputes arising out of wage or
hour provisions, working conditions, etc. In a small number of agree
ments, however, certain exclusions or qualifications are made. One
denies grievance status to a dispute arising out of application of the
vacation clause. Another excludes the subjects of wages and hours
from grievance consideration.
Arbitration o f Disputes
All but a negligible percentage of the agreements make some pro
vision for arbitration of unsettled grievances. The large majority
provide that all disputes which cannot be settled through the grievance
mechanism shall go to arbitration for final determination. A few
agreements list arbitration simply as permissive and make no further
provision. Where arbitration is permissive, either party presumably
may refuse to have an issue arbitrated. This, of course, works against
the party desiring adjustment, whose only outlet would then be eco
nomic pressure such as strikes and lock-outs. A very few, although
providing for “ arbitration/9 do not specifically endow the decision
rendered with “ final and binding” character.
A three-man arbitration board is most common, one member being
chosen by each party with the two thus selected choosing a third to
complete the board. In a few cases, each party selects two repre
sentatives, the four then to pick a fifth.
Somewhat over half the agreements impose time requirements for
the completion of each step in the arbitration procedure. The most
common allowance is 5 days for the choice of arbitrators, 5 days for
the choice of an impartial third person, and then 15 days for decision.
A number also make reference to the expenses of arbitration, either
providing for a sharing of the entire cost or for sharing the cost of the
impartial arbitrator only.
Well over half of the arbitration provisions anticipate the possibility
of a deadlock in the selection of the third arbitrator, by providing the
assistance of an outside agency or person in choosing the impartial
chairman in event of such a deadlock. About a dozen name officers
or agencies of the United States Department of Labor, including the
Secretary of Labor, the Commissioner of Labor Statistics, and the
Department’s Conciliation Service. Four agreements designate the
American Arbitration Association. Nine provide that the choice be
made by Federal or State judges. Six name State labor boards or
commissioners and one the governor of a State. Other sources
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COLLECTIVE BARGAINING
selected for assistance are churchmen and other private mediators,
sometimes specifically named, other times not.
Usually any disputed matter may be referred to arbitration,
although a few agreements exclude certain subjects. Two or three
agreements require that grievance or arbitration adjustments “ such
as changing of hourly rates, hours of work, working conditions, and
matters of like nature affecting the agreement shall meet the approval
of all parties to agreement.” In effect, thereby, the arbitration deci
sion is not final on these matters. Several agreements exclude wages
and hours, strike matters, or employment of union workers from the
sphere of arbitration. One excepts discharge, hiring, promotion, and
transfer disputes, while two others provide that questions of wages
and hours are to be submitted to arbitration only when mutually
agreed.
D ispute Adjustm ents in the Pacific Coast Agreem ent
Under the Pacific Coast agreement, joint standing committees are
maintained in each mill for the purpose of handling disputes. Manage
ment appoints three representatives to the committee and each inter
national union chooses three from its local membership. T o be
eligible for the position of committeeman an employee must have
worked 1 year in the plant he represents. When a grievance arises, it
is referred to the joint standing committee, consisting of the three
management representatives sitting with the three representatives of
the union involved.
If not satisfactorily settled within 5 days, a dispute may be referred
to the international president of the union (or his representative)
and an officer of the company, provided neither has previously judged
the case. Final disposition of the grievance may be obtained by
referring it to the Joint Relations Board of the Pacific Coast paper
industry, whose decision is final and binding. If a member of the
joint board is involved in a case brought before it, he is to be replaced
by an alternate. When an employer losetf he must stand all costs of
the case.
The Joint Relations Board is established by a supplement to the
Coast agreement, “ to assist in the fulfillment of purposes set forth”
in the main agreement. Membership consists of two representatives
for each of the Brotherhoods, four for the employers, and one alternate
for each, all appointments and changes requiring certification. To
render any decision, three of the four representatives on each side
must concu . Failing this requirement, an additional member is
chosen within 5 days by a judge of the United States District Court
having jurisdiction where the Board is sitting. Since block votes are
cast by the union and the employer representatives, the one outside
member usually has the deciding vote. Both employers and unions
PAPER AND ALLIED PRODUCTS INDUSTRY
15
have the privilege of retaining not more than three advisers (for the
union this means officers or appointees of the international union)
who may call and question witnesses. The supplementary agreement
establishing the board continues until 90-day notice to disestablish
it is served by both unions or a majority of the employers. If any
employer terminates his particular contract with the unions, he is
no longer covered by this arbitration arrangement.
STRIKES AND LOCK-OUTS
In about three-fourths of the agreements, the union foregoes the
right to strike and the employer to execute a lock-out, for the entire
period of the agreement. With few exceptions, the agreements out
lawing or limiting strikes also provide recourse to arbitration. In
two agreements the parties merely agree to “ protect” each other
from strikes and lock-outs, and about 10 percent of the agreements
make no mention of strikes.
One agreement permits strike action to enforce an arbitration
award, and another allows suspension of work by either party in
event of picketing by a third party. A third agreement establishes
the right of the workers to refuse to cross a picket line. Sympathetic
strikes are specifically prohibited by one agreement. Several agree
ments, including the Coast agreement, have identical clauses obliging
the signatory union to secure authorization from the international
union office before striking, while at the same time the company is
denied the right to lock out its employees. A few agreements prohibit
stoppages only during grievance or arbitration proceedings, which
are not characterized as being binding.
Jurisdictional disputes receive special consideration in some of the
agreements. The Coast agreement provides that the individual com
panies are not to be involved in any jurisdictional disputes between
the two signatory unions, the Papermakers and the Pulp Workers,
nor are the companies to be requested to intervene in such. About
one-third of the remaining agreements of these two unions have
similar provisions except that some add that the American Federation
of Labor is to be jurisdictional peacemaker.
DURATION AND RENEWAL
The great majority of the paper and pulp agreements, including
the Coast agreement, provide for an effective period of 1 year and
automatic renewal for additional yearly periods, subject to termination
on 30 days' notice at the close of any year. The notice may merely
request certain modifications or revisions of the agreement. In a
few cases notice must be served 60 days prior to the year's end, and
in one or two others, 45 days. A small number of these agreements
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not only eontain the yearly termination clauses, but also permit
cancelation upon 30 days' notice served at any time. One agreement
specifies that it shall become ineffective upon a change of national
affiliation by the signatory union, two others if majority representation
should be lost.
Several agreements, although lacking automatic renewal provisions,
extend the effective period beyond the expiration date during renewal
negotiations. A few of these provide that if there is no meeting of
minds, the union will not call a strike for a specified period after
the last conference, during which time the parties may reconsider their
positions. Four of the Pulp Workers' agreements make no provision
for renewal, although one of these has been extended twice for yearly
periods.
@FedFRASER