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COLLECTIVE BARGAINING PROVISIONS
Discharge, Discipline, and Quits;
Dismissal Pay Provisions

B u lle t in N o . 9 0 8 -5
UNITED STATES DEPARTMENT OF LABOR
L. B. Schwellenbach, Secretary
BUREAU OF LABOR STATISTICS
Ewan Clague, Com m issioner

UNITED STATES GOVERNMENT PRINTING OFFICE, WASHINGTON : 1948

For sale by the Superintendent of Documents, U. S. Government Printing Office
Washington 25, D. C. - Price 20 cents

Letter o f Transmittal
U n ited S ta te s D epartm en t of L abor ,
B u r e a u of L abor S t a t is t ic s ,

Washington, D. C., May 12,1948.
The Secretary of L abor :
I have the honor to transmit herewith a report on discharge, discipline, and
quits, and dismissal pay provisions in collective bargaining agreements. The
report consists o f two chapters: (1) Discharge, Discipline, and Quits, and (2)
Dismissal Pay Provisions, and is based on an examination o f collective bargain
ing agreements on file in the Bureau. Both chapters were prepared by and under
the direction of Abraham Weiss in the Division of Industrial Relations, Boris
Stern, Chief. Clara T. Sorenson assisted in the preparation of the first chapter
and Howard Bloom in the second.
E w a n C lagtje,

Commissioner.

Hon. L. B. SCHWEIXENBACH,

Secretary of Labor.
m

Preface
A s early as 1902 the Bureau of Labor Statistics, then the Bureau o f
Labor in the Department o f the Interior, recognized the growing im
portance o f collective bargaining, and published verbatim the bitumi
nous coal mining agreement o f 1902 between the Associations o f Coal
Mine Operators of Pennsylvania, Ohio, Indiana, and Illinois and the
respective districts o f the United Mine W orkers o f America. Since
1912 the Bureau has made a systematic effort to collect agreements
between labor and management in the leading industries and has from
time to time published some of those agreements in full or in summary
form in the Monthly Labor Review.
The first bulletin entirely devoted to collective bargaining agree
ments was published in 1925 under the title “Trade Agreements in
1923 and 1924.” Sim ilar annual bulletins were published in 1926,1927,
and 1928. These bulletins analyzed only outstanding agreements
affecting certain industries and certain skilled crafts in which collec
tive bargaining has followed a more or less established pattern.
No bulletins in this field were published by the Bureau between 1928
and 1942— a period during which collective bargaining first lost ground
in the depression and then made rapid strides following the enactment
of the National Labor Relations A ct in 1935. The growth in tradeunion membership from fewer than 4,000,000 workers in 1935 to more
than 10,000,000 in 1942 not only resulted in a large increase in the
number of collective agreements covering industries hitherto not in
cluded under collective bargaining, but also extended the scope and
area o f bargaining in individual industries. In recognition of this de
velopment, the Bureau’s 1942 report on union agreements (Bulletin
No. 686) dealt with provisions and clauses on particular labor-manage
ment problems rather than with the agreements o f each union or in
dustry separately.
The substance and character o f collective bargaining agreements
change continuously, and many o f the clauses and provisions covered
in Bulletin No. 686 underwent significant changes during the war
emergency, as a result not only of the normal processes o f collective
bargaining but of the decisions of the National W a r Labor Board.
New problems meant new clauses and new provisions.

The Board also

gave added impetus to certain forms of union security, and to certain
practices now deeply imbedded in the entire field of labor-management
relations.

PREFACE

The liquidation o f the Board, and the renewal of emphasis on free
collective bargaining after V J -d a y , led to a tremendous increase in the
demand for information on specific current provisions in agreements.
U rgent requests came from employers and unions, from the United
States Conciliation Service, and from mediators and arbitrators en
gaged in settling or preventing labor-management disputes.

I t was

largely in response to these requests that the Bureau o f Labor Statistics
undertook to revise and bring up to date the material on union agree
ments.
In this revision two significant departures have been m ade: (1 )
Accumulation o f data has made possible the use o f a larger sample
than was possible heretofore.

(2 ) The information will be presented

in a series o f small bulletins, each stressing a major area or significant
problem o f collective bargaining.

This will permit the material for

each major problem to be published as rapidly as finished, without
waiting until all o f the subjects o f collective bargaining are analyzed.
I t will have the advantage o f greater flexibility in handling specific
requests for material from employers, unions, and the public.

Some

clauses are more or less stable and undergo relatively minor changes
even over a considerable period o f time and therefore need only
occasional revision, whereas others undergo rather rapid change.
A lso, as new issues develop it will be possible to add new bulletins to
the series without revising those already published.
The clauses used are designed to facilitate, but not to condition, the
bargaining process. No special attempt has been made to determine
the prevailing industry practice or the most frequently used provisions.
The clauses are presented, not as models, but as a source o f reference
for those who participate in collective bargaining negotiations, by
making available to them a wide variety o f provisions on the specific
subjects under consideration.
A n index o f all the contract clauses quoted, with a brief description
o f each clause, is appended to each report.
This report, dealing with provisions covering discharge, discipline
and quits, and dismissal pay, is the fifth in this Collective Bargaining
Provisions series.

The bulletins already published are as fo llo w s:

No. 9 0 8 -1 Union Security Provisions.
No. 9 0 8 -2 Vacations; Holidays and W eek-End W ork.
No. 908 -3 Incentive W a g e Provisions; Tim e Studies and Stand
ards o f Production.
No. 9 0 8 -4 Apprentices and Learners.

Bulletin N o. 9 0 8 - 5 o f the
United States Bureau of Labor Statistics

Contents
C h apter 1.— D ischarge , D iscipline , and Q uits
Page

Cause for discharge: Clauses 1 -4 7 _______________________________
Notice and explanation of discharge: Clauses 4 8 -6 5 ___________
Protest and appeal of discharge: Clauses 6 6 -1 0 8 _______________
Reinstatement of unjustly discharged workers: Clauses 1 0 9 -

2
10
13

124________________________________________________________________
Pay and other benefits due discharged workers: Clauses 1 2 5 -

133________________________________________________________________
Discipline other than discharge: Clauses 1 3 4 -1 5 6 ______________
Quits: Clauses 1 5 7 -1 7 5 ___________________________________________

24
26
31

C h apter 2.— D ismissal P ay P rovisions
Conditions for granting dismissal pay: Clauses 1 -4 3 ___________
Computation of dismissal pay:
M ethod of calculation: Clauses 4 4 -5 5 ______________________
Definition of basis of payment: Clauses 5 6 -6 2 ____________
Deductions: Clauses 6 3 -6 8 __________________________________
Calculation of service for dismissal pay: Clauses 6 9 -7 1
Time and method of payment: Clauses 7 2 -7 8 _________ ___
Reemployment provisions: Clauses 7 9 -8 9 _______________________

46
48
49
50
51
52

Index of clauses____________________________________________________

VII

Collective Bargaining Provisions
Discharge, Discipline, and Quits;
Dismissal Pay Provisions
Chapter 1.— D ischarge, D iscipline, and Quits
The right o f an employer to discharge his employee or the right of
an employee to quit his employer is seldom questioned in collective
bargaining agreements, although in practice the right to discharge
has been restricted to a considerable extent so as to afford employees
protection against discriminatory and unjust actions. Such provi
sions may prohibit the employer from discharging employees except
for “just cause” or for specific reasons enumerated in the agreement:
The employer may have to give advance notice of intent to discharge
and a statement o f reasons for his action; union-management negotia
tions, or even union consent, may be required prior to the discharge;
provisions may be made for appeal o f the discharge, either through the
regular grievance machinery or through a procedure set up especially
to handle discharge cases; finally, the employer may be required to
reinstate with back pay employees discharged without sufficient cause.
These restrictions on the employer’s discharge power are an indica
tion o f the concern with which workers view discharge. T o the
worker, it means the loss of wages or his sole source of income until he
can obtain another job, and some agreements, therefore, require the
payment o f a severance allowance to discharged workers. I t is often
a blow to his self-esteem, and may handicap him in finding other em
ployment. Management, too, finds discharge costly in certain respects
although it is a potent weapon for maintaining authority. Discharges
sometimes precipitate strikes or cause the fellow employees o f the
discharged worker to develop a hostile attitude toward the employer.
New employees must be trained to replace discharged workers and this
is often costly in time and money.
Disciplinary action short o f discharge is often specified for first
offenses or for minor infractions o f rules.

Such discipline usually

consists o f warning reprimands, or suspension without pay.
Restrictions on the right to quit are less frequent and less severe than
restrictions of the right to discharge.
789219°— 48------2

Usually, such provisions merely
1

COLLECTIVE BARGAINING PROVISIONS

require that the employee give a specified period o f advance notice,
with penalties in some cases for failure to give the required notice, in
order that the employer may have an opportunity to obtain a replace
ment before he leaves. Employees who quit their jobs generally fo r
feit all rights such as seniority, pensions, and severance pay. In some
cases, employees are allowed pay for vacations for which they are
eligible but have not taken prior to quitting.

Cause for Discharge
T he only legal restrictions on an employer’s right to discharge are
Federal and State labor relations acts which prohibit discharges for
union activity or membership. The Selective Service A c t also stipu
lates that veterans may not be discharged without cause within one
year after reinstatement. Few agreements, however, specifically affirm
the employer’s exclusive right to discharge; in most cases, discharges
may be made only “ for cause.”

Since the term “ cause” is subject to

varying interpretations, agreements often list specific actions which
constitute grounds for discharge. Frequently mentioned are incom
petence, insubordination, violation o f company rules or the terms o f
the collective bargaining agreement, persistent tardiness, absence with
out permission or notice, dishonesty, intoxication, and participation
in unauthorized work stoppages. A distinction is sometimes made
between actions justifying immediate discharge and those in which
discharge must be preceded by a warning reprimand, suspension or
some other form o f disciplinary action.
Agreements which permit discharge for violation o f shop rules
usually state that the rules are to be posted, or distributed to em
ployees, or that no changes may be made without advance notice to the
union and employees. In some cases the union may be expressly em
powered to assist in the formulation o f these rules or to give consent to
those issued by the management.
I f union membership is a requisite for employment, discharges m ay
be made for failure to maintain membership.

In such cases, the union

may be required to assume responsibility, financial or otherwise, i f a
government labor relations board or court reverses the discharge and
orders reinstatement o f the employee affected.
Requirements that discharges be made only for cause generally do
not apply to temporary and probationary employees, and such em
ployees may be discharged at will. In the construction industry, where
jobs are usually o f short duration, agreements generally contain no
restrictions on discharge.
Sickness is often ruled out as a cause for discharge, unless the em
ployee’s health is impaired to the extent that he is unable to perform his

DISCHARGE, DISCIPLINE, AND QUITS

duties properly. Likewise, some agreements prohibit discharge fo r
accidents, except those caused by the negligence o f the employee in
volved. Other agreements forbid discharge or other forms o f dis
crimination for union activity or membership even though the Labor
Management Eelations A c t o f 1947 furnishes such protection to work
ers engaged in production affecting interstate commerce.1
Additional restrictions on the employer’s exercise of his discharge
power are found in a few agreements which specify that employees
may not be discharged while on vacation, or that discharges may be
made only at the end of a shift or workweek.
1. No Restriction on Employer’ s Right to Discharge
The employers reserve the right to exercise their discretion in the laying off*
and discharge of their employees.
2. Exclusive Right of Company to Discharge for Just Cause
The company has the exclusive right to discharge any employee for just cause.
8. Full Discharge Power Vested in Company But “Reasonable Rights” of Em
ployees Considered
Full power o f dismissal and maintenance of discipline shall remain with the
company, it being specifically understood and agreed, however, that this power
shall be properly exercised with considered judgment and due regard to the
reasonable rights of the employees.
4. Disciplinary Action, Including Discharge, for Violation of Specific Rules
To assure continuous and successful operation of this plant, certain rules
and policies of the company may not be violated by its employees. Infraction
of certain basic rules by an employee will be considered just cause for disciplinary
action, including discharge. These rules a re :
(a) Violation of the rule regarding narcotics and liquor.
(&) Insubordination.
( c ) Smoking in prohibited areas in the plant.
(d) Deliberate destruction or removal of company’s or other employees’ prop
erty.
(e ) The service upon the company of a notice o f garnishment of the wages of
an employee, unless such employee shall establish to the satisfaction of the com
pany that the alleged debit upon which garnishment is based, is not justly due.
( / ) Sleeping on the job.
(g) Being involved in horseplay or scuffing endangering othef employees.
(h) Failure to report for duty without giving the company a bona fide excuse
for absence.
(£) Reading books or magazines not required in the line of duty.
(j ) Failure to observe warning and instruction signs on the plant premises.
(k ) Violation of company rules and regulations shall be deemed just cause
provided that such rules and regulations are posted in a conspicuous place where
they may be read by all employees or copy thereof is furnished employees, and
provided no changes in present rules nor additional rules shall be made that
are inconsistent with this agreement.
1 Section 8 (a) (8) of the Act.

COLLECTIVE BARGAINING PROVISIONS

5. Causes for Discharge Not Limited to Causes Listed
The company may discharge an employee for jnst cause including, but not
being limited to, the follow ing:
Willful disregard of or refusal to comply with general factory rules, dishonesty,
incompetence, inefficiency, insubordination, intoxication, pilferage, doing work
in a negligent manner, spoiling work, damaging machinery or equipment, mis
statement on application, engaging in a strike or work stoppage, sabotage,
picketing, refusal to perform work assigned, or failure to abide by the terms of
this agreement.
6. Discharge for Violation of Company Rides or Union Constitution
Employees violating rules of the company or the constitution of the interna
tional union shall be subject to discharge.
7. Discharge for Violation of Present Company Rules and Future Rules Adopted
hy Mutual Agreement
No employee shall be discharged without just cause. Violation of any of the
company rules or any of the provisions of this agreement shall be automatically
just cause. Just cause, however, shall not be limited to such type of violation.
Shop rules as attached hereto are to be part of this agreement, as well as such
future shop rules as may be adopted by the company after agreement with the
union.
8. New Rules To Be Discussed With Union Before Adoption
All new rules and regulations for the breach of which an employee may be
discharged shall be discussed with the union before adoption.
9. Discharge Without Notice for Specified Causes; Discharge A fter Warning for
Other Offenses
In order that the rights of each employee in respect to discipline and discharge
may be fully safeguarded, the company will adhere to the following procedure:
Discharge Without Notice:
1. Violation of any law. Special attention is called to the follow ing:
(a) Carrying concealed weapons; fighting or attempting bodily injury to
another; drunkenness; conduct which violates the common decency or
morality of the community; stealing; malicious mischief which results in the
injury or destruction of the property of other employees of the company.
(&) Violation of common safety rules which endangers the safety of
fellow employees.
(c) Violation of rules governing employees in the repairing or oiling of
moving machinery.
(d) Smoking or having open lights or fires within prescribed limits where
such practice is forbidden.
(e) Failure to report immediately accidents or personal injuries to proper
authorities.
(f) Falsifying or refusing to give testimony when accidents are being
investigated, or making false statements when applications and physical
examinations are being made.
(g) Insubordination (including refusal or failure to perform work duly
assigned). Use of profane or abusive language toward fellow employees or
officials of the company.
(h) Absence from duty without notice to and permission from the foreman
or superintendent, excepting a case of sudden sickness or some other cause
beyond the control o f the employee.

DISCHARGE, DISCIPLINE, AND QUITS

(i) Harboring a disease which may endanger through carelessness the
health of fellow employees.
(j) Changing assigned working places without permission.
Prowling
about the premises without justifiable reasons.
(7c) Willful neglect in care of, or use of, company property.
(l) Obtaining material at storehouse or other assigned places on fraudu
lent orders.
(m) Sleeping while on duty.
(n ) Introduction, possession or use of intoxicating liquors on the property
of the company.
(o) Habitual use of habit-forming drugs or their introduction or possession
on the property o f the company.
Discharge After W arning:
For other offenses not noted above and including the following: (An employee
shall not be discharged without first having been notified that a repetition of the
offense will make him liable to dismissal).
(a) All employees shall, during working hours, devote themselves diligently
to their assigned duty.
( b) All employees shall perform their duty in a competent manner.
(c ) All employees must carry out the instructions of foreman or forelady in
charge of the department.
( d) Employees shall at all times so conduct themselves toward their fellow
employees as to make for peaceful and hearty cooperation, which will aid in
building up general efficiency of every department in this plant.
(e) The company reserves the right to exercise disciplinary measures in case
of infringement of working rules when degree of infraction of the rules is not
sufficiently serious to warrant discharge.
( /) Since the company is manufacturing products for human consumption,
rules as to personal physical conditions shall be strictly enforced.
10. Suspended Employee Discharged if He Fails to Leave Company Premises
Immediately
However, it is distinctly understood that an employee must leave the manu
facturing premises of the company immediately upon suspension. It is further
understood that failure of the employee to do so promptly and in an orderly
manner shall in itself be sufficient grounds for the suspension becoming a dis
charge, regardless of the justice or merits o f the suspension itself.
11. Persistent Tardiness or Other Violation of Worlcing Hours Expressly Recognized as Cause for Discharge
Strict observance of working hours is required of all employees. Without
limiting the company’s general right to discipline by discharge or otherwise for
justifiable cause, it is expressly recognized that employees who persistently are
late for work or leave before quitting time or otherwise violate working hours
may be disciplined by the company by suspension, loss of seniority or discharge.
12. Intentional Violation of Agreement Cause for Discharge
Any employee who shall wilfully or intentionally violate any part of this
agreement shall be subject to dismissal, when proven to have done so.
13. Three Reprimands Within Year’s Period Subjects Employee to Discharge
Three written reprimands within one 12-month period shall be considered just
cause for dismissal.

COLLECTIVE BARGAINING PROVISIONS

14. Profanity, Fighting, and Absenteeism Cause for Discharge
The firm and the union agree that profanity and fighting among operators will
not be tolerated, the firm and the union agree to cooperate in an effort to dismiss
or discharge any employee who violated this portion of this agreement. Operators
are required to come to work on time, and remain at work until the regular
quitting time. Continued absence will not be tolerated, operators who are
continually absent without good reason shall be subject to dismissal.
15. Consistently Poor Work Subjects Employee to Dismissal
It is understood between the parties that maximum footage is to be obtained
from all skins and that all work done thereon shall be of a standard approved
by the company. Consistent poor work not up to the standards set by the
company shall subject the employee performing such work to dismissal.
16. Failure to Maintain Approved Production Standards A fter Three Warnings
Cause for Discharge
Employees who fail to maintain any approved production standards four times
in any 6 months’ period (January 1, to June 30, both inclusive, or July 1, to
December 31, both inclusive) shall automatically be terminated or disqualified
according to clauses 4, 5, 6, 7 and 8.
(4) I f an employee working in his or her regular department fails to maintain
any o f the approved production standards, a written “ first warning notice” shall
be issued in duplicate and given to the chairman of the union standards com
mittee who will talk to the employee advising that three more failures to maintain
production standards within the 6 months’ period will result in dismissal. The
original copy of the warning notice must be signed by the chairman of the union
standards committee and returned to the production office. The duplicate copy
is to be retained by the chairman of the union standards committee.
(5) I f an employee working in his or her regular department fails to maintain
any o f the approved production standards a written “ second warning notice”
shall be issued in duplicate and given to the chairman o f the union standards
committee who will talk to the employee advising that two more failures to main
tain production standards within the 6 months’ period will result in dismissal.
The original copy of the warning notice must be signed by the chairman of the
standards committee and returned to the production office. The duplicate copy
is to be retained by the chairman of the union standards committee.
(6) I f an employee working in his or her regular department fails a third time
to maintain any o f the approved production standards within a 6 months’ period
a written “final warning notice” shall be issued in duplicate and given to the
chairman o f the union standards committee who will talk to the employee ad
vising that one more failure to maintain production standards within the 6
months’ period will result in dismissal. The orginal copy o f the warning notice
must be signed by the chairman of the standards committee and returned to the
production office. The duplicate copy is to be retained by the chairman of the
union standards committee.
(7) The fourth time an employee, working in his or her regular department,
fails to maintain any approved production standards he or she will automatically
be dismissed.
(8) Employees who are temporarily transferred to another department and
who, after working 5 days in the department transferred to, fail to maintain any
approved production standards four times within a 6 months’ period (January
1, to June 30, both inclusive, or July 1, to December 31, both inclusive), shall be
governed by clauses 3, 4, and 5, except the penalty will be “ disqualification from
the department” instead o f “ dismissal.”

DISCHARGE, DISCIPLINE, AND QUITS

17. Company Bight to Discharge Employee Habitually Requiring Make-Up Pay
In case a worker habitually requires make-up pay in a job classification in
which there is a proven or provable rate, as provided in paragraph above, then
such employee shall be deemed inefficient, and the company shall have the right
of discipline, including discharge.
18. Union-Management negotiations Prior to Discharge for Poor Work
No employee may be discharged for poor work until shop committees and union
representatives shall have been called in to settle the dispute. The employee
affected shall continue to work until the dispute is settled pursuant to the
grievance procedure o f the written contract, but in no event shall he continue to
work beyond a period in excess of three (3) days after notification if no attempt
is made by the union to settle the dispute.
19. Employer to Judge Competency
The employer reserves the right to discharge any person in its employ if
incapable or incompetent. The employer shall be the judge of competency.
20. Specific Proof of Incompetency Required
Thirty days of employment shall be accepted proof of general competency. A
specific act or acts of incompetency must be given a dismissed employee upon
demand by himself or the union representative.
21. Trial Period to Determine Competency
I f in the judgment of the association an employee is incompetent, written
notice of intended discharge shall be given to such employee. The notice shall
specify the respects in which the employee’s work is unsatisfactory. A copy of
such notice shall be given the union. The employee and the union shall give a
suitable receipt for such notice. Upon the request of the employee, he shall
have a trial period of not to exceed 2 weeks after the giving of the notice, within
which to perform his or her work to the association’s satisfaction. If the work
of such employee remains unsatisfactory, he may be discharged by the association.
The association may refuse subsequent trial periods for any employee. The
association’s judgment shall be final upon all the matters specified in this section.
22. Complaint by Patron Just Cause for Discharge; Not Arbitrable
The employer has the sole right to direct and control the employees, including
the right to lay off, promote and transfer, or to discharge on the grounds of a
guest’s complaint to the employer, whether such complaint be written or oral, and
the same shall not be subject to review, provided that no such action shall be
taken because of the employee’s union activities or affiliation. Provided, further,
that discharges resulting from guest’s complaints shall not be subject to arbitra
tion, but management will discuss each such case with union representatives prior
to making the discharge final. A discharge, after a probationary period of 6
weeks, upon any grounds other than the complaint of a guest, may be treated as a
grievance and shall be subject to review by arbitration as provided in article
X III of the agreement, to determine whether or not the employer had just cause
therefor.
23. No Discharge for Employee Insistence That Agreement Terms Be Observed
It is agreed that in the employment or discharge of workers, there shall be no
discrimination against union workers because of their peaceful and orderly
insistence upon strict observance of the terms of this agreement.

COLLECTIVE BARGAINING PROVISIONS

24. Automatic Discharge for Willful Misrepresentation Regarding Chronic or
Communicable Diseases
Willful misstatements or misrepresentations by new employees on employment
applications, regarding chronic or communicable diseases, shall be automatic
causes for discharge.
25. Subversive Activity or Conduct Cause for Discharge
Without limiting causes for discharge to the following or to similar causes,.
the following are agreed to be proper causes for discharge:
Encouraging, promoting, or participating directly or indirectly in activity or
conduct which is subversive to American forms of government, or which is
designed to give aid, comfort, or assistance to its enemies (whether or not in
time of war) or to promote foreign ideologies or to hinder or obstruct Govern
ment (State or Federal) or the armed forces thereof in any defense or prepared
ness program, or which is otherwise un-American.
26. Affiliation With Specified Organizations Cause for Discharge
The company shall be permitted to discharge any employee who, regardless
of union affiliations, is proved to be affiliated or sympathetic with any Nazi,
Fascist, or Communist organization.
27. No Discharge Because of Casual Sickness (The discharge prohibition does
not apply if the employee’s health is impaired to the extent that he is unable
to perform his duties.)
It is agreed that no member of the union shall be discharged for casual sick
ness but this does not apply to any employee whose health is impaired to the
extent of rendering him unable to perform the duties necessary to the position
in which he is employed.
28. Accident Not Gr ounds for Discharge Unless Employee at Fault
Discharge in case of accident. No employee shall be discharged solely because
o f the happening of an accident if physically and mentally capable of continuing
his duties after the accident, unless the accident was caused or contributed to
by the negligence, carelessness, or malicious intent of the employee.
29. Restriction on Discharges for Wage Assignments or Garnishees
An employee shall not be discharged for three (3) or less wage assignments or
garnishees in any 12 months’ period beginning with the date of this agreement.
30. Participation in Strike Activity Cause for Discharge
It is hereby agreed between the parties that, during the life of this agreement,
the employer shall have the right to discharge any employee who shall engage in
any strike, concerted quitting, suspension, slow-down, or cessation of work, or
picketing of the employer’s --------- plant.
31. Refusal to Cross Picket Line Not Cause for Discharge
“ Cause” shall include, but shall not be limited to, a material false statement
in an employee’s employment application, violation by an employee of a safety
rule, continued inability of an employee to meet production standards, failure
of an employee to perform his duties to the best of his ability, and fomenting,
aiding, abetting, or taking part in any strike against the company, participating in
a slow-down, or staging a walk-out or a sit-down, or obstructing or interfering
with the orderly or efficient operation o f the plant. However, cause shall not
include the refusal of an employee to cross a picket line established around this
plant by any union.

DISCHARGE, DISCIPLINE, AND QUITS

32. Restrictions on Discharge of Union Officers
No officers or members of the union wage committee shall be discharged except
for neglect or incompetency or misconduct.
33. Employee Discharged A fter "Notice of Expulsion From Union
Should any member of the union be suspended or expelled from the union the
employer agrees to take such employee out of service upon notice of the union.
34. Time Limit on Discharge A fter Expulsion From Union
The management agrees to dismiss any employee, who, in accordance with the
constitution and bylaws, has been expelled or suspended from the union, within
two (2) weeks after written notice of such expulsion or suspension from the
union. In the event the employer is of the opinion that the union has unjustly
expelled or suspended a member, the employer may protest the matter before the
employee is discharged.
35. Union to Assume Responsibility for Discharge Made at Its Request (The
union must also certify that all rights of trial and appeal provided in the
union constitution were granted the member against whom discharge action
is sought.)
In the event that the union undertakes proceedings against one o f its mem
bers leading to a request made to the company that such member be discharged
for failure to remain in good standing and failure to be reinstated, the com
pany shall not be required to discharge such employee unless the request of the
union is accompanied by duly attested certification that subject member has been
afforded all of his rights of trial and appeal provided in the constitution of the
international union and that the union will hold the company harmless from
the result of any proceedings undertaken by such a member before the National
Labor Relations Board of any State or Government body which might result in a
reversal of the discharge and a requirement to reinstate due to discriminatory
action.
36. Company Not Required to Make Discharges Requested by Union
It is further specifically agreed and understood that the company shall not De
obligated and required to discharge any employee because of the union’s request
so to do and that any such request shall be considered as a grievance and dis
posed of in accordance with the grievance procedure as outlined herein.
37. Prohibition of Discharge for Union Activity
The employer shall not discharge or discriminate against an employee for up
holding union principles, serving on a committee of the union or any organization
affiliated therewith, failing or refusing to purchase stocks, bonds, securities or
interest in any partnership, corporation and/or company.
38. Union Activity Outside of Working Hours Not Cause for Discharge
No member of the union shall be discriminated against because of union activi
ties nor shall a member of the union be discharged for union activities outside
of working hours.
39. Pro-Union or Anti-Union Activity Camse for Discharge Under Certain
Conditions
Any pro-union or anti-union activity during working hours or on the company
premises which shall tend to disrupt harmonious relationship, shall render the
employee or employees involved subject to discharge.
789219°— 48------3

COLLECTIVE BARGAINING PROVISIONS

40. Probationary Employees Discharged at Will
The company may terminate the employment of probationary employees
without limitation by the terms of this agreement and there shall be no responsi
bility for reinstatement or reemployment of probationary employees if they are
discharged or their employment terminated for any reason during their
probationary period.
41. Discharge Without Recourse by Employee or Union During Probationary
Period
The first four (4) weeks of employment for all new employees shall consti
tute a trial period, during which trial period such new employees may be discharged
without recourse by the employee or the union.
42. Probationary Employee Not To Be Discharged for Union Membership or
Activity
A probationary period of three (3) months shall be established for new em
ployees. During said probationary period an employee may be discharged for
any reason which, in the opinion of his employer, is just and sufficient; provided,
however, that there shall be no discrimination against any employee because of
union membership or activities. Should any employee discharged during his
probationary period believe himself to have been subjected to such discrimination,
he shall have the right to appeal his case to the grievance committee on this
issue.
43. Discharge Prohibited During Trial Period of 1 Week
No employee shall be discharged before 1 week’s trial, except for dishonesty
or intoxication.
44. Discharge Prohibited During First Two Working Hours of the Day
No workman to be discharged before or during the first two (2) working hours
of the day, except in case of a cutter spoiling or finishing a stone.
45. Discharge Prohibited During Vacation Period
The employer shall not dismiss any office employee during his or her vacation
period. Any employee dismissed after May 1 or before October 15, shall receive
salary in lieu of vacation.
46. Discharge To Be Made at the End of a Shift
Any employer wishing to discharge an employee shall do so at the end of a
shift.
47. All Discharges Made on Saturday
No employee shall be discharged except on Saturday, and then only upon
receiving his pay.

Notice and Explanation of Discharge
Agreements often require that advance notice o f discharge be given
the employee or the union, or both, although immediate discharge may
be allowed for serious offenses, such as gross misconduct or dishonesty.
Advance notice provisions serve a dual purpose— the employee has a
chance to look around for another job and the union may utilize the
notice period to investigate the case and enter a protest if it believes the
discharge unwarranted.

Consultation between union and manage

ment during the period o f notice may be expressly spelled out in the

DISCHARGE, DISCIPLINE, AND QUITS

agreement, or merely implied. W here advance notice is not required,
the agreement may require that the union be notified o f the discharge
‘‘immediately55or within a specified number o f hours.
Notice periods specified by union agreements vary in length from a
few hours to several weeks; and in some cases the amount o f notice
varies according to the employee’s length o f service. Employers are
usually allowed to give pay in lieu of notice if they so choose, the
amount o f pay being equal to that which the employee would have
earned during the required notice period.
Some agreements require that the notice o f discharge include a
statement o f reasons for such action. In other cases, the employer
must explain the reasons for discharge on request o f either the employee
or the union.
48. Two Weeks* Notice to Employee Required
Any employer may discharge any workman by serving said workman with a
2 weeks’ notice of discharge and by giving said workman his usual employment
during those 2 weeks and a '‘discharge” at the end of that period.
49. Length of Notice Graduated According to Length of Service
Employees shall be entitled to 1 week’s notice upon completion o f less than
2 years of service, 2 weeks of notice upon completion of 2 years’ service and a
specific written statement of the reasons for such dismissal. He shall be
entitled to terminal vacation pay which shall consist of all vacation earned but
not taken during the period of employment. Pay may be given in lieu of notice.
50. Immediate Dismissal for Specified Offenses; 1 Week's Notice or Pay for
Other Discharges
The employer may discharge or dismiss any employee for good cause upon 1
week’s notice or 1 week’s pay in lieu of notice, except that the employer shall have
the right of summary dismissal or discharge upon any one of the following
grounds:
(a) Dishonesty.
(&) Under influence of liquor or drugs, while on duty.
(c) Unauthorized persons on vehicles.
(d) Violation of local or State health code.
(e) Direct refusal to obey orders given by the proper party unless such orders
jeopardize life or health.
( f ) Book shortage of $50 or more.
(g) Willful destruction of property.
(h) Failure to report promptly and honestly accidents or personal injuries.
51. Time Off Allowed During Notice Period to Look for Another Jo'o
Employees shall not be dismissed except for just and sufficient causes. The
employer will immediately notify the union of the intention to discharge any
employee. The employee shall be given 2 weeks’ notice of dismissal, and will be
assisted in every way possible in getting another position, including 1 or 2 days
off each week during the period of notice to look for a new position.
52. Written Notice of Discharge to Employee and Union
In all cases of discharge, the manufacturer shall notify the discharged employee
in writing within forty-eight (48) hours and a copy thereof shall be forwarded to
the employee’s local, except in the event of a discharge for incompetency, which

COLLECTIVE BARGAINING PROVISIONS

shall be brought to the attention of the shop steward at once or his alternate,
whose name shall be made known to the manufacturer.
53. Union Given 24 Hours’ Advance Notice of Discharge
Each employer affected shall give the shop chairman not less than twentyfour (24) hours’ notice in writing of all proposed discharges, except in cases
where summary discharge may be necessary.
54. Advance Union Notification: Period Not Specified
The president of the union or his appointed representative shall be notified
before any employee covered by this agreement is dismissed.
55. Union Given Advance Notice and Right to Investigate Discharges of Stewards
or Grievance Committee Members
No steward or member of the general grievance committee shall be discharged
until after forty-eight (48) hours’ notice to the union office has been given. Upon
receipt of such notice by the union, the parties hereto shall immediately attempt
to settle such case and the company shall allow a duly authorized union represent
ative, either local or national to investigate such case immediately.
56. Warning Notices to Employee and Union Except for Discharge Requiring
Summary Action
Discharge of employees for unsatisfactory conduct or performance shall be
effected in accordance with the warning procedure set forth below:
(а) A written notice concerning his deficiency shall be given to the employee
concerned.
(б) If there is no improvement within a reasonable time, the employee shall
be given a second written warning notice and will be allowed a sufficient oppor
tunity to improve.
(c) A copy of each warning notice shall be given to the union.
( d) No employee may be discharged based upon two successive written warn
ings when the interim between the warnings exceeds 3 months.
The company shall discuss with the union the contemplated discharge o f an
employee before the discharge takes place.
No warning need be given to an employee in the case of discharge for good and
sufficient cause requiring summary action. The union shall be notified immedi
ately of any such discharge.
Grievances arising under this article may be taken immediately to the second
step of the grievance procedure.
57. Union Notified When Discharge Imminent Because of Unsatisfactory Work
It shall be the company’s policy to notify the union whenever an employee’s
discharge is imminent because his work is not satisfactory.
58. Union Notified Immediately of Discharge
When an employee is discharged, the company shall notify the union immedi
ately through its shop steward and also by registered mail addressed to the union
offices, notifying the union of the reasons for the discharge.
59. Union Notified Not Later Than 24 Hours After Discharge
The company agrees to notify the department steward or the chief steward
at the time of or immediatley subsequent to discharging any employee, but such
notice of discharge shall in no event be given to the union more than twentyfour (24) hours subsequent to such discharge.

DISCHARGE, DISCIPLINE, AND QUITS

60. Alternative Procedures Regarding Notice of Discharge (The employer may
either discharge on 2 hours’ notice to union or notify union that it intends to
discharge as of the close of a stated workweek.)
Before any employee is discharged the employer shall give to the union’s shop
chairman not less than 2 hours’ written notice of its intention to discharge
the employee.
The employer, if it believes just cause exists for the discharge of an em
ployee, may in lieu of exercising its right to discharge the employee upon 2 hours
written notice, serve written notice upon the union that it intends to discharge
the employee as of the close of a stated workweek. Such notice shall be served
not less than 6 days prior to the date of the intended discharge. I f the union
feels that just cause for the discharge does not exist it shall have full right to
take up the matter as a grievance under the terms of article — hereof. If the
union does not file a written grievance with the employer’s superintendent within
five (5) days after receipt of such notice, the employment may be terminated in
accordance with the notice and neither the employee nor the union shall there
after be allowed to question the discharge. Where no grievance has been claimed,
the notice shall become null and void if the employer does not terminate the
employment on the date stated.
61. Notice of Discharge or Pay in Lieu of Notice
Regular employees, either full- or part-time, shall be given 3 days* notice of
dismissal or discharge, or the equivalent pay, except when such dismissal or
discharge has been for cause such as insubordination or disorderly or improper
conduct.
62. Reason for Discharge Given at Employee’s Request
Any employee discharged for cause shall be given complete information if
requested, as to the reason or reasons therefor at the time of dismissal.
The shop committee will be advised of the reason for dismissal upon the affected
employees’ request.
63. Written Explanation at Union’s Request
The union upon request will be advised in writing of the reasons for any
discharge.
64. Explanation to Employee or Union on Written Request of Employee
When requested in writing by a discharged employee, the company will fur
nish either the employee or the union with reason why such employee was dis
charged.
65. Reasons for Discharge Given Without Request
The company shall give prompt written notice to discharged employees without
demand therefor, setting forth the reasons for such discharge.

Protest and Appeal o f Discharge
Requirements that discharges be made only for just cause would
be o f little effect were there no provision fo r protesting or appealing
discharges.

W h ile it is customary for management to confer with

the union only after the discharge has been made, some agreements
provide for joint consideration before the dismissal is ordered.

Occa

COLLECTIVE BARGAINING PROVISIONS

sionally, the discharge does not become effective until the union has
investigated the matter and given its approval, or, if protested by
the union, until the case has been settled by arbitration. O ften, union
representatives are permitted to interview discharged employees be
fore they leave the company premises and to accompany or represent
them at the discharge proceedings.
Appeals may be made either through the regular grievance and
arbitration machinery or through special procedures set up to handle
discharge cases, which include investigations and hearings. W h ile
in some cases the investigation and its conclusions serve as the fu ll
procedure, coupled with arbitration if the parties disagree, in other
instances the facts uncovered by the investigation serve as the basis
for action through the regular grievance procedure.
In some agreements, particularly in the printing industry, dis
charges are appealed first to the union, and if upheld, then to a joint
union-management committee. Both employee and employer are
especially interested in the prompt settlement of disputed discharges,
the employee because he wants to know whether he should start look
ing for another job, and the employer because he wants to minimize
his liability for back pay if reinstatement is ordered. The handling
o f discharge cases may be expedited by omitting some steps o f the
usual grievance machinery, by imposing time limits on the initiation
and processing o f the case, or by giving precedence to discharge cases
over other grievance cases. In many instances, where no time limits
are set for handling other grievances, time limits are set for discharges.
I f a discharge is referred directly to the top steps in the procedure, a
special meeting may be called to consider the issue without waiting for
the regularly scheduled meeting set aside for other grievances.
In instances in which arbitration of discharge cases is provided,
the scope of arbitration may be limited to certain issues, for example,
whether discharge was for proper cause or whether the reason given
for discharge was the real reason.
In a few instances, the right of appeal is forfeited when the dis
charge is for serious offenses such as dishonesty or refusal to obey
orders. Even in these cases, however, the question of whether such o f
fense was the real reason for discharge may usually be raised through
the grievance procedure.
The employer is sometimes given the option of recalling discharged
employees to work during the appeal negotiations, and refusal to ac
cept such temporary employment may result in a deduction from any
back pay awarded the employee if he is reinstated.
66. Union Consent a Prerequisite to Discharge
It is further agreed by the parties hereto that no employee shall be discharged
from and after the date hereof unless it is agreed to by the shop committee and/or
the union.

DISCHARGE, DISCIPLINE, AND QUITS

67-. Union-Management Negotiations Prior to Penalty or Discharge
Before any employee is penalized or discharged, excepting a probationary em
ployee, the committee o f the union shall be called in and negotiations completed
before any final action is taken.
68. Employer to Discuss Proposed Discharge With Local and National Union
Before Talcing Action (Employees decision final if no agreement reached
with union within 3 weeks.)
The company may discharge an employee for just cause. Prior to such discharge
the company shall fully discuss the matter with the local committee and if the
local committee agrees to such discharge, it shall become effective after 2 weeks’
notice by the company (or 2 weeks’ pay in lieu thereof) to the employee involved.
In the event that the local committee does not agree to such discharge, the matter
shall be immediately certified to the national office of the union and the main
office of the company for resolution. The company agrees to give the position of
the union as to the discharge serious consideration and to attempt to arrive at
an amicable solution of the matter with the union. If such solution is not reached
within 3 weeks from the date of the first notice to the local committee and if the
company shall decide that the discharge is proper, such discharge shall he finally
effective upon the company’s giving 2 weeks’ notice (or 2 weeks’ pay in lieu
thereof) to the employee involved.
69. Discharges Discussed in Advance With Chief Shop Steward
There will be no discharges until the matter has been discussed with the
chief shop steward.
70. Reasonableness of Penalty Subject to Union-Management Discussions a/nd to
Arbitration
The question of reasonableness of any penalty imposed by the employer shall
be a proper subject for discussion between the employer and the committee and
in the event of disagreement, shall be submitted to arbitration as provided in the
eighth paragraph of this agreement.
71. Union Right To Challenge Any Discharge
Employees who have completed their trial periods shall be discharged for just
cause only. The union shall have the right to challenge the propriety of any dis
charge and may present the matter as a grievance to be settled under the grievance
and arbitration procedure in this agreement.
72. Union May Investigate Discharge Provided Employee Consents
The union shall have the right to investigate the discharge of any employee with
the consent of the employee concerned.
73. Union Representative May Present Employee’s Case at Hearing on Discharge
or Discipline
Any employee given a written warning notice, or discharged or suspended
from employment by way of discipline, who shall immediately thereon request a
hearing and review of such action shall be given such hearing and review by the
employer in its office not later than the succeeding regular workday. On such
review both the justice of disciplinary action and the appropriateness o f the
penalty shall be considered and determined. On such review, if the employee
shall request it, a steward and/or the business manager of the union may attend
and represent the employee.
The decision on such review shall be subject to further review as provided
in the grievance procedure.

COLLECTIVE BARGAINING PROVISIONS

74. TJnion Representative To Be Present at Preliminary Meeting on Discharge
Case
Before an employee with seniority is required to leave the plant as a result
of disciplinary action, whether discharge or otherwise, his divisional steward
shall be summoned to an office designated by management for the purpose of
hearing the foreman’s reason for the disciplinary action and the employee’s state
ment of his position. It is understood that this meeting does not constitute a
hearing, and the sole reason for the presence of the divisional steward at this
time is to afford the latter the opportunity to hear the statement and decision
of the foreman and the statement of the employee.
75. Union Representative Permitted To Interview Discharged Employee Before
He Leaves Plant Premises
In the event an employee is transferred for disciplinary reasons, or is dis
charged, the company shall immediately notify the union of this fact and the
chief plant steward or another union officer shall be permitted to interview the
employee before he is transferred or leaves the plant premises.
76. Interview With Union Representative Permitted Unless Circumstances Re
quire Employee’s Immediate Removal From the Premises
Unless circumstances necessitate his immediate removal from the premises
a discharged employee or one suspended for disciplinary reasons, if he so re
quests, will be permitted an interview with his committeeman at a place desig
nated by the company for a reasonable length of time before he is required to
leave the premises.
77. Discharge Cases Appealed Through Regular Grievance Procedure
In the event an employee shall be discharged from employment and believes that
he has been unjustly dealt with, such discharge shall constitute a grievance case
arising under the method of adjustment of differences herein provided.
78. Discharge Appealed First to Union, Then to Joint Board
A discharged member may first appeal his case to the chapel (union member
ship) of the office from which he was discharged. Both the foreman and the
discharged member shall appear at the chapel meeting and failure to do so shall
constitute forfeiture of the case by the party failing to appear. If the chapel
sustains the appeal, then the president of the union and the publisher of the
newspaper, or their authorized representatives shall constitute an appeal board.
79. Special Committee To Investigate Discharge Cases (Arbitration may be in
voked if either party is dissatisfied with the committee’s decision.)
In the event any foreman believes any employee has given sufficient cause for
his being discharged, the foreman will communicate his opinion to his supervisor
or superintendent.
If the supervisor or superintendent confirms this opinion, he will arrange a
meeting with the president of the union, or an officer of the union designated by
its president and D r .--------- , or in his absence a third person mutually agreeable,
as an impartial third member. Similar arrangements for a hearing shall be
made in the event of a violation of union bylaws as provided in section--------- .
This committee of three shall hear the case. After this hearing the majority
shall decide what action shall be taken.
I f the union or the company is still dissatisfied, the arbitration procedure pro
vided for in the grievance section--------- of this contract may be invoked by the
union in behalf of the employee or by the company.

DISCHAKGE, DISCIPLINE, AND QUITS

80. Joint Investigation of Sufficiency of Reasons for Discharge; Appeal Through
Grievance Procedure
Before discharging an employee with seniority rights, an opportunity shall be
given for joint investigation by the union and the company as to the sufficiency
of the reason for discharge.
At the close of each day the personnel office will give the union a list of all em
ployees discharged during such day.
I f the union and the company cannot reach a decision with respect to the dis
charge of an employee with seniority rights, then the matter shall be subject
to review under the grievance procedure set forth in this agreement, provided that
protest is made within two (2) weeks after discharge.
81. Joint Investigation of Sufficiency of Reasons for Discharge; Appeal Directly
to Arbitrator
No workers shall be discharged without sufficient cause or reason and until
an opportunity has been given for joint investigation by the representatives of the
parties hereto, as to the sufficiency of the cause or reason for such discharge.
In the event of a disagreement, the controversy shall be submitted to the impartial
chairman.
82. Joint TJnion-Management Investigation Prior to Arbitration
Where an employee who has been in service for more than two consecutive
weeks, has been discharged, such employee shall have the right to appeal to the
union. Upon such appeal, the union shall have the right to investigate jointly
with the employer the reasons for such discharge, to determine whether the em
ployer’s action was justified. I f the union and the employer cannot agree as to
the justification for such discharge, then the dispute must be arbitrated by a
committee of three. The committee members are to be selected as follow s: one
by the employer, one by the union, and the third member to be selected by the
first two chosen. The parties hereto agree to accept the decision of the arbitrator.
In the event that the employer is found to be in the wrong, the discharged em
ployee must be reinstated and compensated for the time lost at the regular rate
of pay.
83. Appeal Through Regular Grievance Procedure, Including Arbitration
The union may appeal any suspension or discharge through the regular griev
ance procedure hereinafter provided, including arbitration, provided that written
notice of such grievance shall be given within five (5) days of such discharge.
84. Arbitrator May Reinstate With or Without Pay or Liquidate Claim by Cash
Payment
In order to promote the fulfillment of the principles mutually endorsed by the
parties hereto, it is agreed that the employer may discharge his workers only
lor cause. If any employee is of the opinion that he has been unjustly discharged,
he may make complaint thereof to the union, and the union representative shall
endeavor to adjust same with the employer. In the event of their failure to adjust
same within twenty-four (24) hours, the matter shall be referred to the impartial
chairman for review and his decision shall be conclusive and binding on the parties
involved.
The impartial chairman may confirm the discharge, may order the employee
reinstated with pay for loss of time, may reinstate the employee without pay, or
he may liquidate the claim by a cash payment.
789219°— 48------4

COLLECTIVE BARGAINING PROVISIONS

85. Scope of Arbitration Limited to Issue of Whether Discharge Was for Proper
Cause
Should the grievance over a discharge go to an umpire for final decision, the
sole question to be determined by such umpire shall be the question of fact as to
whether or not such employee was discharged for proper cause.
86. Scope of Arbitration Varies, Depending on Cause of Discharge
The members of the association reserve the right to discharge an employee for
any just cause, including, but not by way o f limitation, incompetence, soldiering
on the job, and dishonesty. In case of any disputed discharge, the following
provisions with respect to arbitration shall apply:
(a) In case of any discharge for incompetence, soldiering on the job, or dis
honesty, the issue to be determined by arbitration shall be whether or not such
stated cause was the real cause for the discharge; and should a majority o f the
adjustment board or the impartial arbitrator, as the case may be, decide that the
stated cause was not the real cause, the employee shall be reinstated.
(b) In case of any discharge for any other cause, the issue to be determined
by arbitration shall be whether or not the cause was just or unjust; and should a
majority of the adjustment board or the impartial arbitrator, as the case may be,
decide that the cause was not just, the employee shall be reinstated.
87. Scope of Arbitration Limited When Discharge Based on Strike Participation
or Insubordination
Stoppages of work and acts of insubordination are prohibited. Any employee
who participates in a stoppage of work, or who is insubordinate, may be subject
to discipline which may involve summary discharge, in which case there shall be
no recourse to the provisions of this agreement, except that in case the employer
assigns either or both o f the two grounds mentioned as the reason for the dis
charge, and the union claims that the employee in question did not participate
in a stoppage of work and/or was not insubordinate, or that the discharge was
not for that reason, then the question may be subject to arbitration under the
method of adjusting grievances herein provided. In such case the only questions
to be determined by arbitration shall b e :
(1) whether the discharged employee did participate in a stoppage o f work
or was insubordinate, and
(2) if so, whether he was discharged for that reason.
I f it is determined in the arbitration proceedings that the employee was not
insubordinate and did not participate in a stoppage of work, or that he was not
discharged for either of the above mentioned reasons, then such employee shall
be reinstated, with compensation for time lost.
88. Arbitration Board May Modify Company Discipline Only if Employees
Disciplined for Striking Are Found Less Guilty Than Nondisciplined
Employees
Should it be determined by the board that an employee has been suspended or
discharged without cause, the company shall reinstate the employee and com
pensate him for the time lost, at the applicable rate o f pay set forth in the im
mediately preceding paragraph.
Should it ,be determined by the board that an employee has been suspended
or discharged for cause, the board shall not have jurisdiction to modify the degree
of discipline imposed by the company; provided, however, that in a case arising
out of a strike or work stoppage involving a group of employees and in which the
company imposed discipline on part but not all of such employees, the board shall
have discretion, if it finds that the employees disciplined are less guilty than other

DISCHARGE, DISCIPLINE, AND QUITS

employees of the group not disciplined, to modify the penalties; provided, further,
that in case the board modifies the discipline the board shall have discretion to
reduce or not require the company to pay the compensation provided in subsection
C above if, in its judgment, the facts warrant such an award.
The provisions of this subsection apply to all suspensions regardless of the
number of days involved.
89. Discharges Not Arbitrable
No employee covered by this agreement shall be discharged except for just and
sufficient cause. The discharge of employees covered by this agreement shall be
subject to the grievance procedure outline in article 20 hereof, except that dis
charge of an employee covered by this agreement shall in no case be subject to
arbitration.
90. No Union-Management Review of Discharges for Dishonesty, Drunkenness,
and Dwompetency
Reasons for immediate dismissal of said employees shall be based on charges
such as—first, dishonesty; second, drunkenness; third, incompetency; and/or,
willful violation of rules. If, for any other reasons, then said employee shall
receive 1 week’s notice of dismissal from the company or 1 week’s pay in lieu
of the 1 week’s notice. However, a dismissal based on charges other than the
first three enumerated above shall be subject to review between the manage
ment and the representatives of the union.
91. Discharge for Strike Activity Not Subject to Grievance and Arbitration
Machinery (The question of whether strike activity was the real reason
for discharge may be raised through the grievance procedure.)
Any grievance connected with the discharge of an employee shall be settled
in accordance with the provisions of article — except that any employee who has
been discharged for taking part in a strike or for staging a walk-out or sit-down
forfeits all rights to reinstatement, retroactive pay which may be granted after
such discharge, seniority and rehire. Such a discharge shall not be classified as
a grievance and shall not be a proper matter for arbitration. The question as to
whether the employee was in fact discharged for such a “ cause” as referred to
in this paragraph may be a proper subject for the grievance procedure.
92. Discharge for Loss of Good Standing in Union Not Arbitrable
Discharges under this section [loss of good standing] shall not be subject to
review by the board of arbitration.
93. Employer Recourse to Grievance Procedure in Cases Involving Employees’
Expulsion From Union
I f the union believes that any employee has been discharged unfairly, the
employer agrees, when called upon, to discuss the discharge through the grievance
committee herein provided for.
If the employer believes that any union member has been suspended or expelled
from the union unfairly, or that the union unfairly has refused an employee
admittance to the union, the union agrees, when called upon, to discuss its action
through the grievance committee herein provided for.
94. Employee Allowed 3 Days to Protest Discharge
An appeal on a discharge shall be made by such employee affected within three
(3) days from the date of such discharge, or failing to appeal within the three
(3) days will prohibit any further claim to the right to appeal.

COLLECTIVE BARGAINING PROVISIONS

95. Union Allowed S Days to Protest Discharge
The union shall notify the Company by registered mail within 3 days after
notification is given if it desires to question the justification of any discharge.
96. Time Limit on Employer’s Response to Discharge Appeal
In case any employee who has been discharged for any of the reasons set forth
in subsection (a) hereof, or for any other reason, shall feel that he or she has
been unjustly discharged, such employee shall have the right to appeal through
the union to the adjustment board hereinafter provided for. Similar appeals
may be taken by employees who feel that they have been unjustly demoted.
Such appeals shall be in writing and shall be made within seven (7) days after
said discharge or demotion, otherwise the right of appeal to said board shall
be forfeited. The adjustment board shall require the employer within three
(3) days to state the cause or causes for the discharge or demotion. Said board
shall then act upon the case within three (3) days thereafter.
97. Time Limits on Complaint o f Unjust Discharge and on Management Response
to Complaint
The plant management agrees promply upon the discharge of an employee
other than a probationary employee to notify in writing the chief steward or
plant shop committeeman in the district of the discharge. Should the discharged
employee or the union representative and the plant shop committee consider the
discharge to be improper, a complaint shall be presented in writing through the
shop committee to the labor relations supervisor within forty-eight (48) hours
of the discharge. The management of the plant will review the discharge and
give its answer within seventy-two (72) hours after receiving the complaint.
The management of each plant is authorized to settle such matters. If the de
cision is not satisfactory to the union, the matter shall be referred to the
bargaining procedure.
98. Time Limits on Various Steps of Discharge Appeal Procedure
The employer may at any time discharge any worker for proper cause. The
grievance committee may file a complaint with the employer asserting that the
discharge of the worker was improper. Such complaint must be filed, in writing,
not later than forty-eight (48) hours (exclusive of any intervening Saturday,
Sunday, or holiday) after such discharge. Such complaint shall be taken up
promptly for adjustment between the grievance committee and the representa
tive of the employer designated for that purpose and if they shall fail to arrive
at an adjustment within twenty-four (24) hours after the filing of such complaint,
it shall be referred within twenty-four (24) hours thereafter to the U. S. De
partment of Labor with a request for the services of a conciliation commissioner
to act as arbitrator who shall render his decision thereon within three (3) days
after the matter has been submitted to him.
99. Over-all Time Limit for Settlement of Discharge Grievance
Investigation, grievance procedure and settlement of any claim on discharge
must be completed within ten (10) days after the filing of sv.ch complaint with
the union.
100. Discharge Cases Given Precedence for Disposition Through Grievance Pro
cedure
The employer agrees that it will not discharge any employee for any unjusti
fiable cause. The parties hereto further agree that all discharge cases arising
under this clause shall be given precedence for disposition under the machinery

DISCHARGE, DISCIPLINE, AND QUITS

for the adjustment of disputes as hereinafter provided. It is specifically agreed
that any discharge cases submitted to arbitration shall be disposed of immediately.
101. Impartial Chairman To Give Precedence to Discharge Cases; Time Limit
on Decision
Cases of discharge shall have precedence over all other cases, before the im
partial chairman, and decision thereon shall be rendered within forty-eight (48)
hours, unless the matter is extended by mutual written consent.
102. Accelerated Procedure for Handling Discharge Cases; First Step of Grievance
Procedure Skipped
A grievance arising out of a discharge or a disciplinary suspension shall be
filed with the company within five (5) days from the date of discharge or sus
pension, provided, however, that the grievance shall be presented beginning with
step 2 of the grievance procedure set forth in section— of this article.
103. First Three Steps of Grievance Procedure Skipped
In the event an employee shall be discharged from his employment from and
after the effective day hereof, the president of the union shall be informed of the
cause by the department superintendent and the personnel director. If the union
believes he has been unjustly dealt with, such discharge shall be heard by the
end of the following day at step 4 of grievance procedure herein provided, how
ever, such grievance must be made in writing to the company within five (5)
days after notice to the union of the discharge or be forever terminated.
104. Discharge Referred Directly to Last Step on Same Day of Occurrence
A grievance pertaining to a suspension or discharge may be taken up directly
with the works management [company official at last step of grievance procedure]
the same day it occurs, and a conference arranged with the superintendent and
foreman involved.
105. Employee to Continue Work at Full Pay Pending Arbitrator's Decision on
Discharge
The union shall investigate the notice o f the intended discharge within 48
hours of the receipt of same. If the union does not consent to the proposed
discharge, the question shall be referred to the impartial chairman, whose de
cision shall be final. Pending such decisions, the employee shall continue working
at full pay.
106. Employee To Continue Work During Discharge Appeal Unless Immediate
Discharge Absolutely Warranted
It is the sense of this agreement that the employer or his representative will
first file a complaint with the union before discharging an employee, and such
employee is to remain on the job pending the complete disposition of the com
plaint. This clause will not be binding upon the employer, however, in extraor
dinary cases where and when an instant discharge is absolutely warranted.
107. Employer Option of Requiring Employee to Work During Suspension or Dis
charge Investigation
I f it be determined in the manner prescribed above that any employee has been
unfairly dealt with, the management shall correct the error, and if such employee
has been suspended or discharged, shall reinstate him with pay, provided, how
ever, that should the adjudication be delayed by a member or members of the
union, then the liability of the company shall be limited to 10 days’ p ay; and,
provided further, that the company shall have the option of permitting said em

COLLECTIVE BARGAINING PROVISIONS

ployee to continue work, or in the case of discharge or suspension, of putting
him back to work during the investigation.
108. Deduction From Award if Employee Ref uses To Accept Temporary Employ
ment From Company During Appeal Negotiations
In the event the corporation decides that the proceedings for determination of
a case under this section have or may become unduly long, it may, without preju
dice to its position or stand in the case, give temporary employment to such dis
charged employee at his usual occupation or such other occupation as such dis
charged employee may be qualified for. The earnings of such employee during
such temporary employment shall be deducted from any award that may be made.
In the event such discharged employee refuses such temporary employment any
award made shall not include pay for time lost subsequent to the offer of tempo
rary employment. Any award made shall also be reduced by the amount of any
unemployment insurance the employee may receive or any compensation he may
receive as a result of employment by others.
In the event the decision of the umpire or umpires upholds the original dis
charge, the temporary employment, if any, will be terminated without further
right to appeal.

Reinstatement of Unjustly Discharged Workers
Keinstatement with pay for time lost is the usual remedy for unjust
discharge. Some agreements require pay for all time lo st; others limit
the amount o f back pay to a specified maximum or require the arbitrator
to determine the amount. Several methods of computing pay for time
lost are specified by agreements. Some use the employee’s regular rate
as the basis, while others use his average hourly earnings calculated
over a specified period preceding discharge. Pay is based on a regular
40-hour workweek in some instances and in other cases on the number
o f hours worked by the employee’s department since discharge. A few
agreements include overtime and shift differentials in figuring the
amount due. In some cases, earnings and unemployment compensa
tion received during the period between discharge and reinstatement
are deducted from the back-pay award.
Agreements are often vague as to whether seniority credit is given
for time lost between discharge and reinstatement; in most cases, agree
ments merely state that unjustly discharged employees will be rein
stated “ without loss of seniority.”
109. Reinstatement With Full Rights and Privileges and Pay for Lost Time
In the event it is proved that an employee has been discharged or laid off in
violation of the provisions of this agreement, he shall be returned to his job,
with his full rights and privileges and fully compensated, on the basis of the
average earnings of such employee for the last 4 weeks worked prior to such
discharge, for all time lost subsequent to the date of discharge or lay-off.
110. Reinstatement With Pay for All Time Lost
Any employee found to have been improperly discharged shall be immediately
reinstated without loss of seniority, and compensated for all time thus lost.

DISCHARGE, DISCIPLINE, AND QUITS

111. Amount of Pay Determined by Arbitrator; Maximum Amount Specified
I f it is finally determined that an employee was wrongfully discharged, he or
she shall be reinstated and compensated for such period as is determined by the
arbitrator, but in no event to exceed four (4) weeks straight-time pay.
112. Maximum of SO Days' Pay for Time Lost
Should a discharged employee be reinstated as a result o f the grievance
procedure, such employee in the discretion of those passing on the bona fides of
the grievance may be awarded compensation for loss of time, either in whole or in
part, but in no event shall such award exceed thirty (30) days’ pay.
113. No Back Pay for Period Between Discharge and Time of Filing Grievance
If, upon the review of a discharge, the management determines, or an arbiter
decides, that an employee was improperly discharged, he shall be reinstated
to his former position without loss of seniority and with all or a portion or none
of the wages he would have earned had he not been discharged, paid to him which
sum shall be decided by the management or the arbiter if arbitrated.
However,
no discharged employee shall receive back wages for any time he loses from work
subsequent to his discharge and prior to the time he first presents his grievance,
according to the procedure set forth in section X IX .
114. Reinstatement Pay Basis: Employee's Average Hourly Earnings Times
Hours Worked by His Department Since Discharge
In the event of reinstatement o f any employee after discharge subsequently
found to be unjust, he shall be paid for the number of hours worked by his de
partment since such discharge, at the hourly rate of his average hourly earnings,
for the 2 weeks next preceding such discharge.
115. Employee's Regular Rate Used in Computation of Pay for Time Lost
Should such conciliation commissioner determine that such worker was
wrongfully discharged and direct his reinstatement, the employer will reinstate
such worker and pay him compensation at such worker’s regular rate for the
time lost.
116. Forty Hours' Pay for Each Workweek Lost Because of Unjust Discharge
I f it is found by the committee of arbitration that the employee has been dis
charged unjustly, such employee shall be reinstated with pay from the date of
his discharge, such pay to be on the basis of regular pay for forty (40) hours
of each workweek during such lay-off.
117. Hours Worked by Other Employees in the Department Used as Basis for
Reinstatement Pay
I f such arbitrators find that the employee’s discharge was unjust the employee
shall be reinstated to his former position; and, if the employee convinces the
arbitrators that he has used reasonable effort to obtain other employment, he shall
receive pay for the time lost (based on the hours worked by the other employees
in his department), less any pay received from any other employment.
118. Shift Differential and Overtime Included in Reinstatement Pay
For the purpose of determining the amount of compensation which a reinstated
employee is entitled to receive, if any, the straight-time average hourly earnings
of the discharged employee for the two pay periods preceding the pay period in
which he was discharged shall be used for a rate per hour and he shall receive
that rate for the hours he would have worked had he not been discharged, in
cluding shift differential or overtime for any hours falling in those classifications
of hours of work.

COLLECTIVE BARGAINING PROVISIONS

119. Reinstated Employee to Receive Penalty Payment in Addition to Pay for
Time Lost
The employer shall have the right, however, to suspend the employee imme
diately should he so desire, and if the suspension shall be found unauthorized by
the arbitrator, then the employee shall be reinstated and paid for the time
lost and the employer shall also pay a penalty in the discretion of the arbitrator
of not less than twenty-five ($25) dollars and not more than fifty ($50) dollars.
In the event that the suspension is sustained, the foregoing shall not apply.
120. Pay for Lost Time Less Interim Earnings
I f the employee is found not guilty of the charge he shall be reimbursed by the
company for all time lost less moneys earned in the meantime.
121. Pay for Lost Time Less Deduction for Interim Earnings, Unemployment
Compensation, Taxes, Dues, and Group Insurance Premiums
Any employee who is reinstated after a discharge which is adjudged to have
been unjust, will be returned to work on his regular job without loss of pay
or seniority rights. The company will reimburse the employee for the time lost,
less any unemployment and other compensation from any source which he may
have received during the period of his separation from the pay roll of the com
pany, less any Federal, State and local taxes, or dues and group insurance
normally deducted from the employee’s pay.
122. Redress for Unjust Discharge Dependent on Circumstances
I f an employee is alleged to have been improperly discharged or laid off, the
remedy, if any, may include reinstatement with or without back pay, or with
partial back pay; or may consist of pay or partial pay without reinstatement,
or any other redress appropriate to the circumstances.
128. No Loss of Seniority for Reinstated Employees
In the event an employee shall be discharged or upjustly laid off from his
employment from and after the date hereof and is subsequently reinstated by the
company, such employee shall be paid, not to exceed five (5) days, for the time lost
at his regular rate of pay, and he shall be reinstated without loss of seniority. All
such cases of discharge shall be taken up in accordance with the above procedure
and disposed of within five (5) days from the date of discharge.
124. Prohibition of Employer Discrimination Against Reinstated Employee
I f the employer is required to reinstate a discharged employee, such employee
shall receive full compensation at his regular rate of pay for time lost, less any
income he may have received from gainful employment in the interim; but that
there shall be no retroactive pay unless such discharge is found to have been un
fair or discriminatory in each particular case. There shall be no break in the
service record of such discharged employee, and after reinstatement [he] shall
not be discriminated against by the employer in respect to his/or her employ
ment.

Pay and Other Benefits Due Discharged Workers
W ages due a discharged worker are usually paid at the time o f dis
charge, although a few agreements allow the employer a specified
period, such as 24 hours, in which to make payment.

In addition to

their wages, discharged workers are sometimes given accrued vacation

DISCHARGE, DISCIPLINE, AND QUITS

pay, severance pay, transportation to the point o f hire, and letters
stating the length and character of their service with the employer.
Such benefits may be forfeited if the employee is discharged for gross
misconduct. Some agreements specify that discharged employees who
are later reinstated are to reimburse the employer for any separation or
vacation payments received at the time o f discharge.
(F o r additional clauses regarding vacation and dismissal allowances
to discharged employees, see Bulletin 9 08-2, “ Vacations; H olidays and
W eek-E n d W o rk ,” and Chapter 2 o f this bulletin on “ Dismissal Pay
Provisions.” )
125. Discharged Workers Paid in Full
Upon discharging a worker the corporation shall pay the worker in full, accom
panied with a signed statement giving the reasons for the discharge.
126. Wages, Vacation Allowance, and Bonds Given Within 24 Hours After Dis
charge
Any employee discharged shall be given all moneys, accumulated vacation
allowance and bonds due the employee within twenty-four (24) hours of such
discharge.
127. Accrued Overtime Paid Employee at Termination of Service
Accrued overtime due an employee at the end of his service shall be paid for by
check or cash in addition to other sums due him at the time.
128. Severance Pay of Discharged Workers Graduated According to Length of
Service. ( Severance pay is forfeited if discharge is for misconduct.)
It is agreed that severance pay shall be paid by the employer to union members
whose services are terminated by permanent lay-off or discharge and to those
union members who resign solely for reasons of health or physical inability to
continue work and who have completed 10 years of continuous service, except
that no severance pay shall be paid to union members who are discharged for
misconduct.
The amount of such severance pay shall be as follow s:
1 week for 1 to 3 years’ service;
2 weeks for 3 to 5 years’ service;
1 week additional for each year’s service over 5, with a maximum o f 8 weeks.
129. Terminal Vacation and Severance Pay Forfeited by Discharge for Gross
Misconduct
If an employee fails to challenge dismissal for gross misconduct or if subsequent
hearings through the grievance procedure result in the dismissal being final, the
employee shall forfeit all rights to terminal vacation and notice and severance
pay.
130. Reinstated Employee To Reimburse Company for Separation or Vacation
Payments Received at Time of Discharge
An employee discharged shall have the right of appeal along union and company
organization lines within 60 days from the date of dismissal. If as a result of the
appeal within such 60-day period company subsequently reinstates the discharged
employee, such employee shall receive full compensation at his or her regular rate
for time lost, less any amount received by the employee for his or her services and
as unemployment insurance benefits for the period since the date of discharge.
7 8 9 2 1 9 °— *8------- 5

COLLECTIVE BARGAINING PROVISIONS

There shall be no break in the employee’s service record, and he or she shall be
reinstated without prejudice. An employee so reinstated shall reimburse com
pany for any separation or vacation payments received from company at the time
of his or her discharge.
131. Letter Showing Length and Character of Service (Hven on Request to
Employees Leaving Company
Employees who have been in the service ninety (90) days or more will, upon
request when leaving the service, be promptly furnished with service letters show
ing length and character o f such services. Employees shall sign duplicate service
letter before delivery of original and shall receipt for same. If an employee has
been discharged for cause, the service letter may so state.
132. Discharged Employees Returned to Port of Embarkation
Upon the discharge of any employee for just cause, his wages shall terminate
immediately and such employees should be housed and fed and returned to port of
original embarkation.
133. Discharged Employees May Seek Reemployment A fter 6 Months
Members legally discharged, except to reduce the force, may be reinstated only
at the option of the foreman; provided a member discharged for neglect of duty,
incompetency, or a minor reason shall not be denied the privilege of seeking work
in the office for a period longer than six (6) months.

Discipline Other Than Discharge
N ot all offenses are serious enough to warrant discharge, and even
in the case o f serious offenses, the employee may not necessarily be
discharged the first time he errs. M any agreements make some provi
sion for disciplinary action short of discharge, ranging from an oral
or written reprimand to suspension. During the period of suspen
sion, the bases for final discharge are reviewed. Sometimes these
reviews are final; and in other instances they serve as the basis for
appeal should the suspension result in discharge. The severity of
the disciplinary action may be graduated according to the severity
of the particular offense or the number of offenses which the employee
has committed in the past.

Occasionally, the reason for disciplinary

measures must be explained in advance to the union.

Pledges of

union assistance or cooperation in maintaining discipline are found in
some agreements, and a few agreements require expulsion from the
union if a worker is found guilty o f theft or other dishonesty.
Employee rights and benefits other than wages are usually retained
during periods of suspension, although time lost because o f suspen
sion is sometimes deducted from the employee’s service record.
134. Warnings on First and Second Offenses; Discharge for Third Offense
Any employee failing to notify their foreman or floor lady when unable to
report for work due to illness or for other legitimate reasons acceptable to
both the union and the employer, or for infraction of other rules duly posted
and agreed upon by the employer and the union, shall also receive warnings
for first and second offense and be discharged for third offense.

DISCHARGE, DISCIPLINE, AND QUITS

135. Written Warnings for Rules Violations or Poor W ork; Discharge A fter Four
Warnings in a 6-Month Period or Without Warning if Certain Rules
Broken
It is the right of management to warn an employee for improper conduct or
workmanship or to discipline or discharge him for just and proper cause.
Warnings:
(а) Written warnings: Warning notices will be given to employees for infrac
tion of company rules or for making bad work due to employee’s carelessness.
(б) Any employee who receives three warning notices in a 6-month period will
be subjected to disciplinary action. Any warning on the record 6 months will
be cancelled. The company will give the steward a copy o f the warning notice
when it is issued.
(c) Any employee who receives four (4) warning notices in any 6-month period
will be discharged.
( d) Violation of certain specific rules in the first instance will justify dis
charge without prior warning. In such instances the company will not be obli
gated to give the employee any warning notice.
136. Warning on First Offense; Copies to Shop Steward amd Personnel Depart
ment
In cases of first offense or infraction of minor rules, warning slips will be
issued to the employee by the foreman with a copy of said warning slip to be
provided to the union shop steward and the personnel department.
137. Union Representatives To Receive Copies of Warning Notices With Em
ployee’s Signature or Indication of Refusal To Sign
Except in the case of dishonesty, intoxication, reckless negligence, deliberate
damaging of machinery or equipment, violence, thievery, the company will give
at least two written warning notices before an employee is discharged, and
copies shall be furnished the chairman of the grievance committee and the regional
director, said notices to be signed by the employee, or his refusal indicated
thereon.
138. Disciplinary Actions Must Be in W riting; Handled by Supervisor, Em
ployee, and Steward
All disciplinary action to be taken against an employee for infraction of
shop rules is to be handled by the employee’s direct supervisor in the presence
of the job steward. Infraction of shop rules shall warrant discipline in
accordance with penalties as negotiated between the company and the union.
Verbal reprimands shall have no standing and shall be given no consideration
if any disciplinary action is appealed through the grievance procedure.
All disciplinary actions shall be reduced to writing, in quadruplicate; one
copy to be given to the disciplined employee; one copy to be retained by the
foreman; one copy to be furnished to the bargaining committee, and one copy
to be furnished to the director of industrial relations or his authorized rep
resentative.
Any disciplinary action which results in the removal of an employee from
his job shall be instituted by the employee’s direct supervisor in the presence
of the job steward and/or the regional steward or the shift vice-president at
the time of such action.
139. Disciplinary Action Explained to Union in Advance
When it becomes necessary to discipline an employee for reasons other than
discharge, the union committee will be given the reason before disciplinary
measure is taken.

COLLECTIVE BARGAINING PROVISIONS

140. No Disciplinary Lay-Off Except by Mutual Consent of Union and Management
There shall be no disciplinary lay-off except by mutual agreement by the
steward and the foreman of the department or the bargaining committee and
the management.
141. No Disciplinary Action Prior to Joint Consideration; Parties To Meet
Within 24 Hours of Suspension
Whenever it is proposed that an employee covered by this agreement shall
be discharged or laid off for disciplinary reasons, he shall be suspended but
no lay-off or discharge penalty shall be enforced until the matter shall have
been considered jointly by the management and the bargaining committee. No
suspension shall exceed twenty-four (24) hours before a meeting of the manage
ment and bargaining committee shall take place. If it shall be found that the
employee has been suspended improperly, he shall be reinstated to his regular
job and shall be paid for time so lost at his average rate of earnings. Final
decision as to suspension or discharge would rest with the company. An individ
ual would, of course, have the right to take up as a grievance under the grievance
procedure such suspension or discharge if he so desired.
142. Union To Support Company in Maintenance of Discipline
The union further agrees that it and its representatives will fully comply
with all reasonable shop rules and that it will support the company in the
maintenance of proper discipline.
143. Discipline by Union for Specified Violations or on Company Request
Any members of the union who, individually or collectively, violate the
provisions of this agreement, or refuse to follow the grievance procedure provided
in article V of this agreement, or refuse to abide by decisions made under this
procedure, or who violate the provisions of the union’s constitution and bylaws,
shall be subject to discipline by the union and a dismissal or suspension from
union membership, in accordance with the provisions of its constitution and
bylaws. The union agrees to promptly discipline any of its members violating
provisions of this agreement. The employer may at any time recommend to
the union the disciplining of a member of the union violating the provisions of
this agreement, and the union shall review the case before the disciplinary
committee of the union as soon as possible and in no event longer than fifteen
(15) days following the recommendations of the employer. The employer shall
be furnished a full report of the union’s determination in the matter.
144. Employee Expelled from Union if Convicted for Pilfering or Broaching
Cargo
The * * * Association agrees to make every effort to prevent pilferage or
broaching of cargo, and any man caught in the act of broaching or pilfering or
having broached or pilfered cargo in his possession shall upon conviction in the
courts be expelled from the local.
145. Severity of Penalty Graduated According to Number of Offenses
Should an employee fail to report regularly or fail to report on time regularly
and the company contends that said employee is staying away from his or her
job too large a percentage of time without a written leave of absence, or is too fre
quently reporting late for work, the company shall notify the employee and the
shop committee giving a detailed report of absences without written leave or
tardiness. Such notice shall constitute a first warning to an employee regarding
absenteeism or tardiness. If subsequent to this warning, the employee continues

DISCHARGE, DISCIPLINE, AND QUITS

to be absent without leave, or tardy, the employee shall be subject to a lay-off
not exceeding seven (7) days duration upon the next occasion and shall be liable
to discharge on any subsequent occasion.
146. Severity of Discipline Determined by Gravity of Offense
Disciplinary action shall range- from verbal or written first warning notice to
immediate discharge, depending on the severity of the violation.
147. Disciplinary Penalties Varying From Reprimand to Discharge
There shall be four separate penalties applied when it is necessary to inflict
discipline upon any of the employees of the company, namely:
Personal reprimand by the foreman to be applied in the cases of minor offenses.
Letter of warning shall be given an employee together with oral reprimand in
relatively serious cases and copies of same shall be filed with the employee’s
service record in the employment department and a copy furnished the local
union to which he belongs.
Suspension from work without pay with a written notice for a period varying
from 1 to 15 days according to the gravity of the offense and the previous record of
the employee concerned.
Extreme penalty or dismissal from service: To be applied in all cases of
flagrant violations of the rules of the company, or the law of the land, where
thorough investigation proves the employee concerned to be guilty and the
management is convinced dismissal is the only method by which discipline can be
maintained. The extreme penalty may also be applied in the case of an em
ployee who persists in continued or repeated violation of the company’s rules,
or whose work after warning continues over a period to be below reasonable
operating standards.
148. Three Step Procedure in Discipline Cases
In disciplinary cases other than discharge the following procedures shall
govern:
1. A representative of the employer shall notify the employee and a committee
man of the intention of discipline.
2. The employee shall have the privilege of selecting union representation. The
above group shall then report the facts to an executive of the employer.
3. The extent of discipline shall then be explained in the presence of the group.
If the employee does not agree, he may appeal through the grievance procedure,
but if such grievance is filed, it must be done within six (6) working days after
the time the extent of discipline was explained.
X49. Discipline for Absence Without Notice
Employees absenting themselves from work without notifying the company
are subject to discipline.
150. Loss of Vacation Pay for Each 2 Days' Absence Without Notice; Discharge
for 2 Weeks' Unauthorized Absence
Despite the provisions of article VI, section 2, if an employee is absent from
work without properly notifying the company not later than the second day
of his absence by reporting off in keeping with the company’s established pro
cedure to the a b s e n tc o n tr o l officer, he shall forfeit eight (8) hours’ vacation
pay for each such offense. Furthermore, if such employee shall fail to return to
work within two (2) weeks from the first day of such absence, he shall forfeit
all accumulated vacation credit, his services shall be terminated as of the last
day worked, and his record shall be marked “Discharged.”

COLLECTIVE BARGAINING PROVISIONS

151. Discipline for Failure To Punch Time Card Promptly
Failure to punch the time card out promptly will be subject to disciplinary
action as follow s:
(a) First offense—Employee will be given due warning by the foreman in
charge.
(5) Second offense—Employee’s time card will be withdrawn and he will
not be permitted to start work the following day until he has received a
second warning in the presence of his departmental steward.
(c ) Third offense—Employee will be given a 1-day lay-off and so long as
the plant is operating on a 6-day workweek the lay-off will be effected on
Saturday of the week in which the violation was committed.
(d) Fourth offense—Employee will be immediately discharged for cause.
152. Discipline Must Be Imposed Within 5 Days After Company Learns of Vio
lation
The company agrees that when employees are to be disciplined for violation
of the company rules, such disciplinary action shall be taken within 5 days
from the time such violation of rules are brought to the company’s attention.
153. Suspension Required Prior to Discharge (Suspension automatically becomes
a discharge within a specified period unless otherwise directed by em
ployer ; if no discharge results, the employee is paid for time lost.)
No employee shall be discharged without first being suspended and notified
that a discharge is under consideration. Such suspension shall become automati
cally a discharge (unless otherwise directed by the official of the employer desig
nated for this purpose) within seven (7) regularly scheduled working days of
the employer’s mailing to the union written notice of the suspension and of the
specific reason or reasons therefor.
A grievance alleging such suspension is unjust or discriminatory must be mailed
to the employer official above referred to within three (3) regularly scheduled
working days of the union’s receipt of the employer’s written notice of the sus
pension and of the specific reason or reasons therefor. If the employer official
above referred to specifically directs that such suspension shall not become a
discharge, the employee involved shall be given pay for all time lost by reason
of the suspension.
However, it is distinctly understood that an employee must leave the property
of the employer immediately upon suspension. It is further understood that fail
ure of the employee to do so promptly and in an orderly manner shall in itself
be sufficient grounds for the suspension’s becoming a discharge, regardless of
the justice or merits of the suspension itself.
Any such suspension (and a resultant discharge) case may be referred to arbi
tration under this agreement and, if the arbitrator finds that the employee was
unjustly suspended and discharged, the employee shall be reinstated with pay
for all time lost by reason of the suspension and discharge.
154. Suspension Pending Investigation or Trial
A worker charged with serious misconduct may be suspended by his employer
pending investigation or trial.
155. No Loss of Employee Rights and Benefits, Except Wages, During Period of
Suspension
When an employee is discharged or voluntarily resigns, he immediately loses
all employee rights and benefits. When suspended, an employee loses all rights
to wages during the period of suspension, but does not lose his other employee
rights and benefits.

DISCHARGE, DISCIPLINE, AND QUITS

156. Disciplinary Lay-Off Deducted From Service Record
The time during which an employee shall have been laid off on account of
personal fault shall be deducted from his aggregate service record.

Quits
Since resignation without notice is likely to disrupt operations until
a replacement is secured* agreements sometimes require the employee
to give advance notice o f his intention to quit.

Such a provision often

accompanies clauses requiring advance notice of discharge or lay-off
on the part o f the employer.

In some instances, the union assumes

responsibility for seeing that its members give proper notice before
quitting; and, in a few cases, the notice requirement may not be waived
without the consent o f the union as well as the employer.

Penalties

are sometimes prescribed for failure to give the required notice o f
intention to quit. Some agreements provide a penalty equivalent to
the employee’s pay for the required period o f notice.

Others include

a fine or suspension or both, or other discipline by the union.
Some agreements define actions which constitute an automatic quit,
e. g., absence for several consecutive days without permission. Ordi
narily such actions would also be considered grounds for discipline
or discharge.
Usually an employee who quits forfeits all seniority rights and, if
reemployed by the company, has the status o f a new employee.
Accrued vacation pay is sometimes granted to employees who quit,
and in a few cases agreements require that such employees be furnished
written character and service references.
157. Two Weeks’ Notice Before Quitting
Employees desiring to terminate their employment with the company shall
give the company two (2) weeks’ notice of such termination.
158. Employee To Give Week's Notice Before Quitting; Employer To Give Week's
Notice or Pay Before Discharge
It is agreed by the union that any employee wishing to quit his position shall
give his employer 1 week’s notice. It is agreed by the employer that if he wishes
to discharge or lay an employee off, he will give him 1 week’s notice or 1 week’s
pay in lieu of 1 week’s notice, and furnish a statement in reference to his
character and service (excepting seasonal and/or part time workers).
159. Two Days' Quit Notice Required During Busy Season
It is agreed by the union, on behalf of its members, that during the busy season
no employee shall quit his employment, unless he shall first give the employer
two working days’ notice thereof.
160. Foreman To Give Week's N otice; Other Employees To Give 2 Days' Notice
(Pay in lieu of notice is collected by union and paid to employer.)
Any foreman desiring to quit work must give the employer 1 week’s notice,
and all other employees must give 2 days’ notice.
Any employee not complying with the above rule shall be subject to the for
feiture o f 1 week’s pay as foreman, and any other employee 2 days’ pay to the

COLLECTIVE BARGAINING PROVISIONS

employer to be collected by loca l--------- . Employer must give the same notification
as required of the employee to foremen and other employees if they are discharged.
161. Union To Compel Members To Give Notice Before Quitting
The union agrees to compel its members to give 2 weeks’ notice before quitting.
162. Union To Impose Fine if Quit Notice Not Given
No employee or member shall quit his position without giving his employer
three (3) days’ previous notice under penalty of a fine by the local union.
163. Union To Impose Fine, Suspension or Both for Failure To Give Notice
The union agrees that any employee desiring to resign shall give the district
chief operator at least 15 days’ notice of his intention or be fined or suspended
or both by the union, such fine to be used to reimburse any reasonable expense
incurred by the employer in covering the position during the unfilled term of
notice.
164. Fine Imposed by Union and Paid to Employer if Union Member Quits
Without Notice
No member of the union who has been employed ninety (90) days or longer
shall quit his position without giving his employer 3 days’ previous notice under
penalty of fine of 3 days’ pay by the local union except when such quitting of
employment has been for cause.
Provided that the member remains in good standing in the union, the union
agrees to turn over to the employer the fine collected from said member for
failure to give notice where the employer has filed a complaint in writing
demanding that such a fine be imposed.
165. Union Not To Place Employee Until Expiration of Notice Period
The employee shall give the employer 1-week’s notice of his or her intent to
leave the employ of his or her employer and copy of said notice must also be
given to the union by the said employee and the union does hereby agree not to
place said employee until the expiration of the 1-week period.
166. Quit Notice Waived by Mutual Consent of Employer and Union
Employees shall give 2 weeks’ notice before resigning. However, upon mutual
agreement between the employer and the union, all or part of this notice may be
waived. Employees who fail to give proper notice upon resigning shall forfeit
terminal vacation.
167. Two Weeks' Notice at Employer's Option; Union To Discipline Member
Failing To Give Notice
Any employee who desires to resign shall, at the option of the [employer]
give 2 weeks’ notice of his intention. Should any employee fail to give such
notice, the [union] pledges itself at the request of the [employer], to discipline
such members as its constitution and bylaws provide.
168. Employee May Withdraw Quit Notice During Period of Notice
Employees employed 1 year or more who shall have given two (2) weeks’ notice
o f their intention to quit their employment shall receive with their final pay
their accumulated vacation pay. Any employee who shall have given such 2
weeks’ notice of intention to quit shall not lose any seniority rights during such
2 week period and such employee may at any time during the period of such
notice withdraw such notice of intention to quit.

DISCHARGE, DISCIPLINE, AND QUITS

169. Absence of Five Consecutive Days Without Permission Constitutes Quit
Employees who are absent for five consecutive working days or more without
permission, shall be considered as having terminated their employment.
170. Employee Who Quits Has Status of a New Employee if Reemployed
Employees who voluntarily quit or are discharged for cause shall be con
sidered as new employees if again employed by the company.
171. No Credit for Previous Seniority if Employee Who Quits Is Reemployed
A voluntary quit, a discharge for reasonable cause or failure to report within
a reasonable time after notice, shall cancel seniority rights. I f an employee
is or has been reemployed after quitting or having been discharged, his seniority
shall begin at the time he is or was reemployed.
172. Wages and Personal Property Given Within 24 Hours A fter Termination of
Employment
Any employees laid off, discharged or who quit of their own volition, shall
receive all wages and personal property within twenty-four (24) hours of the
termination of their employment.
173. Pro Rata Vacation Pay Upon Termination of Employment Other Than
Discharge for Cause
Employees who terminate employment for any reason other than discharge
for cause shall be subject to the following:
Employees who have not completed 12 months “ on roll,” shall not be eligible
to any vacation allowance. Employees who have completed 12 months or more
“on roll” shall, upon termination of employment, receive a vacation allowance
equal to five-sixths of a day’s pay for each month of elapsed time between the
date of quittance and the anniversary on-roll date of the previous year less any
vacation allowance received for such period and less any disqualifying time.
Employees discharged for cause shall not be eligible for any vacation allowance.
174. Transportation and Other Expenses Deducted From Wages of Resigned
Employee
In the event any employee refuses duty or voluntarily quits his employment,
his wages shall cease immediately and there shall be deducted from wages due
him all costs of transportation north and southbound at prevailing passenger
rates, together with costs incurred by such employee at the cannery while waiting
passage outbound from the cannery.
175. Service Letter Furnished Employees Leaving Company
Employees in service over three (3) months who leave the service, will, upon
request, be promptly furnished a service letter stating time, job classification
and cause of leaving, subject to applicable laws.

Chapter 2.— D ismissal Pay Provisions
Dismissal or severance compensation generally refers to payment o f
a sum o f money by an employer to an employee who is involuntarily
laid off or discharged through no fault o f his own.1

The payment o f

dismissal compensation usually has been conditioned upon permanent
separation from a company’s pay roll and loss o f certain rights ac
quired on the job, such as seniority, vacation, pension, or retirement
benefits.

T o an increasing extent, such compensation is made for

lay-offs as distinct from outright dismissal and takes the form o f a
lay-off allowance without the loss o f seniority rights that would come
with a dismissal or discharge.
Although dismissal compensation is designed to ease the burden
resulting from unemployment, it differs in many respects from unem
ployment compensation.

The latter may or may not be financed from

a joint fund, whereas dismissal compensation is always financed solely
by an employer.
Unemployment compensation provides periodic
payments for the duration o f unemployment or for the maximum
number o f weeks specified in a particular plan. Dismissal compen
sation, on the other hand, is usually a lump-sum payment, based on an
employee’s length o f service with a particular employer, and it takes
no account o f the actual time lost before a new job is found. Unem
ployment compensation benefits are usually equal to some specified
proportion o f an employee’s weekly earnings, and are paid after a
waiting period; dismissal compensation is almost invariably based on
an employee’s full-tim e weekly wage or salary and is generally paid
at the time o f dismissal.

The basic difference is that dismissal pay

seeks to cushion the shock o f the anticipated loss o f earnings due to
unemployment, while unemployment compensation seeks to ease the
burden o f actual unemployment.
The amount o f dismissal pay is generally based on an employee’s
length o f service with the company, his rate of pay during such em
ployment, and the reason for his dismissal. A few severance-pay
plans make no distinction as to reasons for dismissal and provide
1 D ism issa l p a y is d ifferen t fr o m p a y in lieu o f ad v a n ce n o tice o f a la y -o ff o r te rm in a tio n .
See B u lletin 9 0 8 -7 , C h a pter 2, on L ay-O ff, W ork -S h a rin g , an d R eem p loy m en t.
F o r a stu d y o f th e p rev a len ce o f d ism issa l p a y p la n s in un ion agreem en ts, see th e a rticle
in th e M o n th ly L a b o r R ev iew , J a n u a ry 1945, pp. 4 7 -5 7 , rep rin ted w ith a d d itio n a l d a ta
as B u lle tin 808.

DISMISSAL PAY PROVISIONS

payment to employees discharged for cause, as well as to those who
retire or resign.
W hen first used, dismissal compensation was frequently applied to
lay-offs due to technological changes or to retrenchments resulting
from consolidations. I t received impetus at the outbreak o f W o rld
W a r I I when many companies voluntarily, or in response to union
lequests, made extra allowances to workers leaving for military service.
A fte r V E -d a y , unions emphasized the need of dismissal pay to carry
their members over the slack from wartime to peacetime production.
Since then, dismissal pay has been sought by organized labor as a
protection against permanent displacement brought about by plant
mergers, shut-down o f factories, and technological changes.
In only a few industries, notably newspaper publishing and railroad
transportation, have such provisions been adopted to any considerable
extent through collective bargaining procedures. Severance in
demnity is treated as a basic condition in agreements o f the American
Newspaper Guild. I t is regarded as important protection to members
in newspaper mergers, depression lay-offs, or capricious firings. The
Guild regards severance pay as an equity which the individual em
ployee builds up in his job and for which he should be compensated
when discharged for cause or economic reasons, or when he resigns,
retires, or dies. The longer an employee works for one employer, the
greater is his equity in the job. Dismissal pay, in the opinion o f the
Guild, tends to stabilize employment because dismissal o f long-term
employees can be quite expensive. Severance pay clauses are included
in virtually all Guild-newspaper agreements except those which
prohibit any dismissals except for gross insubordination or dishonesty.
A considerable number o f agreements covering clerical workers in
office and industrial establishments, as well as technical and socialservice workers, also provide dismissal pay. Scattered agreements
affecting chemical, electrical machinery, gas, petroleum refining and
production, radio, telephone and telegraph, rayon yarn, and textile
workers, among others, also contain severance or dismissal pay
provisions.

Conditions for Granting Dismissal Pay
In some agreements, the right to receive dismissal pay is unqualified
and payment must be made regardless of the reason for dismissal.
Other agreements confine dismissal pay to lay-offs due to technological
improvements and not to lay-offs due to lack of work, while still
others provide compensation only i f a lay-off exceeds a stipulated
period.

Some grant dismissal pay only if termination is due to sus

pension o f business or merger, inability to perform the work, or some
other specified cause.

COLLECTIVE BARGAINING PROVISIONS

Many agreements providing dismissal pay do not distinguish tem
porary lay-offs due to lack o f work from permanent separation. Some
use the term “ lay-off,” others “ dismissal,” and still others use both
terms and allow dismissal pay to workers “ laid off or dismissed.”
Office worker agreements usually provide dismissal pay to workers
laid off because o f “ retrenchment or reorganization.”
In several instances, severance pay is paid on retirement and even
on resignation; and, occasionally, to an employee who decides not to
return to work after maternity leave. Retirement benefits usually
are limited to employees with long service, 25 years or more. In a few
instances, illness or old age may also be specified as a necessary con
dition.
A s a rule, dismissals are compensated only i f they result through
no fault o f the worker. However, in certain cases, employees dis
missed because of inefficiency or incompetency are given the same or a
fraction of the amount paid employees dismissed for other reasons.
M any Newspaper Guild agreements specify that veterans shall re
ceive dismissal pay if disabled in service; some, in addition, make
provision for payment to beneficiaries in case o f death in service. Some
Guild agreements and those o f other unions provide a severance allow
ance payable to the beneficiary o f an employee who dies while in the
employ o f the company.
In addition to a minimum length o f service, other qualifications on
severance pay may be included. Ordinarily, severance pay is not given
if an employee is discharged for such causes as dishonesty, gross mis
conduct, or gross neglect o f duty, or if the employee deliberately pro
vokes his discharge for the purpose o f collecting severance pay. Other
agreements specify that dismissal compensation will not be given em
ployees leaving voluntarily or to employees eligible to retire on pen
sion. I f a union shop is in effect, severance pay may be forfeited if
an employee is discharged for failure to maintain union membership.
1. Dismissal Pay to Regular Full Time Employees Laid Off for Lack of Work
A termination payment, plus compensation for any vacation to which the
employee is entitled at the time of leaving the company service, shall be paid to
a regular full time employee laid off because of lack of work.
2. Dismissal Pay to Permanent Employees Laid Off or Dismissed
The employer shall grant dismissal salary to each permanent office employee
laid off or dismissed.
3. Dismissal Pay to Employees Terminated Through No Fault of Their Own
Any employee whose services are terminated through no fault o f his own
shall be granted severance pay as follows. . . .
4. Union and Employer to Work Out Dismissal Pay Plan if Lay-Offs Are Threat
ened
The company and the union mutually agree in the event natural gas, tech
nological changes or changes in methods of production, distribution, sales, or

DISMISSAL PAY PROVISIONS

office procedure are to be made which would cause lay-offs they will work out
a severance pay plan agreeable to both parties. In such case a meeting to facili
tate an agreement will be held with proper representatives of the union before
lay-offs take place.
5. Dismissal Pay to Employees Laid Off, Relieved, Dropped, or Retired Without
Receiving Pension
A termination allowance in an amount provided by the schedule set forth in
section 4 of this article X II shall be paid to employees who, having completed
one or more years of net credited service, are laid off, relieved, dropped, or retired
at age 65 without being granted a service disability, or special pension.
6. Dismissal Pay on Voluntary Resignation, Discharge, Job Eliminationt and LayOff Affecting More Than 25 Percent of Unit. Maximum Dismissal Allowance
Greater for Discharge Than for Resignation,
An employee who voluntarily resigns for reasons of his own, and leaves the
service in good standing shall receive termination wages in accordance with the
length of his service as follow s:
(a) An employee who has completed 1 year but less than 2 years of service
shall receive as a termination wage 1 week’s pay and in addition shall receive
payment for any unused portion of the vacation allowance for which such
employee is then eligible.
(b) An employee who has completed two or more years of service shall receive
as a termination wage 2 weeks’ pay and in addition shall receive payment for
any unused portion of the vacation allowance for which such employee is then
eligible.
An employee when discharged for a cause other than insubordination, in
sobriety, dishonesty, shall receive a termination wage equivalent to 1 week’s pay
per year of service, up to a maximum termination wage of 10 weeks’ salary and in
addition shall receive payment for any unused portion of the vacation allowance
for which such employee is then eligible.
An employee who has been demoted for cause other than insubordination, in
sobriety or dishonesty may elect, as an alternative to such demotion, to termi
nate his employment with the company and to receive a termination wage pro
vided herein, provided such election is made either in lieu of protesting the demo
tion within the 5 days provided in section — hereof, or if the demotion is
protested, within the time limits provided in section — ; provided, however, that
refusal of the employee to perform the duties of the classification to which he
is demoted, during any portion of the time period provided in section — for appeal
against the demotion, shall be deemed an election to terminate his employment
with the company and to receive the termination wage hereinabove provided.
In the event of the elimination of any pay-roll classification subject to this
agreement, the employee so affected shall receive a termination wage in lieu
of rehiring rights or other benefits as provided by section — hereof, provided
that at the time of the elimination of such pay-roll classification, no similar pay
roll classification exists elsewhere in the company, and provided there is no
parallel or successor classification which includes all or a large part of the
duties of the pay-roll classification eliminated.
In the event of a lay-off affecting more than 25 percent of a working unit, as
defined in appendix D of the agreement, and when, in the opinion of the com
pany, there is no reasonable possibility that employees will be offered reemploy
ment in the working unit within the period designated in section — of this
agreement, the company shall then, in lieu of any rehiring rights whatsoever,
pay the employees so affected a termination wage.

COLLECTIVE BARGAINING PROVISIONS

An employee released in accordance with the provisions of this section shall
have a termination wage equivalent to 1 week’s pay for each year of service up
to a maximum termination wage of 10 weeks’ salary, and in addition shall receive
payment for any unused portion of the vacation allowance for which such em
ployee is then eligible.
7. Dismissal Pay on Termination or Lay-Off Exceeding SO Days
An employee who has been employed as much as thirty (30) calendar days,
but less than 1 year, shall be paid $10 severance pay upon termination of em
ployment or upon being laid off for more than thirty (30) days.
An employee who has been employed 1 year or more shall be paid severance pay
of $10 for each completed year of service and $10 for the final partial year of
service since [date], upon termination of employment or upon being laid off
for more than thirty (30) days.
Over-all severance payments shall not exceed $10 for each completed year o f
service and $10 for the final partial year of service since [date], including
leaves of absence granted under article 14.
8. Dismissal Pay on Lay-Off Exceeding SO D ays; Minimum Service and Maximum
Annual Earnings Qualifications
Any employee other than an employee with less than two (2) years of continu
ous service credit, and other than a part-time or temporary employee, whose
annual earnings at base rates or hourly wage rates are at a rate not in excess
of $5,000 a year, and who meets the continuous service credit requirements stated
herein, shall be entitled to lay-off allowance in accordance with the provisions
of this paragraph when he is laid off for lack of work for a period in excess of
thirty (30) days. No employee shall be entitled to lay-off allowance in cases
where such lay-off is due to fire, flood, explosion, bombing or earthquake causing
damages in the plant which makes it impossible to resume work in the section
in which such employee works.
«
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Such lay-off allowance shall be paid at the end of a waiting period of thirty
(30) days from the date of such lay-off. An employee who is reinstated in em
ployment with the company during the waiting period shall not be entitled to
lay-off allowances as herein provided.
9. Dismissal Pay on Lay-Off Provided in Good Standing With Company and Union
All other employees who shall be in good standing with the company and the
union and of necessity must be laid off by the company shall receive a severance
pay as follow s: An employee having one (1) year seniority shall receive one (1)
week’s pay, two (2) years’ seniority, two (2) weeks’ pay, five (5) years’ seniority,
three (3) weeks’ pay. However, no employee shall receive both military and lay
off severance pay.
N ote

: This agreement provides for a union shop.

10. Dismissal Pay on Lay-Off to Regular Employees With Minimum Age and Serv
ice Qualifications. Pay To Be Requested by Union Within S Months.
Laid off employees shall be compensated with severance pay, in accordance with
herein contained schedule of amounts, provided:
(а) That the employee is not on leave of absence at any time following the
effective date of the lay-off.
(б ) That the request for severance pay is made in writing by the local union
within 3 months from the effective date of the lay-off but, provided further, if
such employee defers decision on the acceptance of severance pay and, in the

DISMISSAL PAY PROVISIONS

meantime, is offered reemployment in accordance with the terms and conditions
of said labor agreement and fails to return to work, such employee shall have
forfeited all rights and privileges under this agreement and said labor agreement
and the company shall in no event be obligated to pay severance pay.
(c) That the employee is 30 or more years of age, is a regular and not a
seasonal or part-time employee and has been on the company pay roll for a
period of five or more years, except as otherwise provided for in paragraphs —
and — of this agreement [military service leave included; service of reemployed
workers who had previously forfeited seniority rights dates from date of reem
ployment]. Seasonal employees are defined as those employees not employed
on a full-time basis as provided for in the article covering working hours of the
said labor agreement.
(d) That the lay-off because of curtailment, consolidation, completion, or
elimination of work has not been occasioned as a result of competition, regula
tion, legislative act or directive order by Federal, State, or municipal govern
ments or union jurisdiction awards or the loss or surrender of a franchise;
except in the event said loss or surrender is the result of a voluntary sale or
transfer of company property to a second party who continues to operate said
property, the company agrees to protect the employees involved with the full rights
and privileges as contained herein for a period of 1 year from date of said sale
or transfer.
(e) Employees first exercise their seniority rights to the fullest extent in
accordance with the terms of the said labor agreement. Loss of a particular
job shall not be considered a lay-off under this agreement if employment is avail
able by the exercise of seniority rights as contained within the said labor agree
ment, even though less compensation might be involved.
( f ) An employee receiving severance pay shall forfeit all seniority rights and
any other privileges, rights, or benefits to which such an employee may now or
hereafter be entitled.
11. Dismissal Pay in Event of Permanent Shut-Down of Plant or Department
When, in the sole judgment of the company, it decides to close permanently
a plant or discontinue permanently a department of a plant or substantial
portion thereof, and terminate the employment of individuals, an employee
whose employment is terminated either directly or indirectly as a result thereof
because he was not entitled to other employment with the company under the
provisions of section 11—seniority of this agreement and paragraph--------- below,
shall be entitled to a severance allowance in accordance with and subject
to the following provisions.
12. Union May Discuss Dismissal Pay if Company Plans Permanent Shut-Down
of Plant
In the event that the company contemplates the permanent closing down of
the plant involving the permanent lay-off of employees, the company shall
notify the union before taking such action, and the union may discuss the
subject of severance pay.
13. Dismissal Pay to Employees Permanently Displaced hut Not to Those Laid
Off, Regardless of Duration of Lay-Off
In the event that the plant or a portion thereof, the employees of which are
covered by the contract, is shut down, though it may not be dismantled until
later, and any employee or group of employees are permanently displaced,
because of the discontinuance of certain operations within the plant, because
of the introduction of labor-saving devices, or otherwise the employees who (1)

COLLECTIVE BARGAINING PROVISIONS

are permanently displaced as a result thereof, and (2) prior to the date of such
shut-down or displacement, have been continuously in the employ of the company
for 3 years but less than 10 years, shall receive dismissal pay of 2 weeks’ pay.
Those employees who meet the conditions above set forth and have been con
tinuously in the employ of the company for 10 or more years shall receive
dismissal pay of 4 weeks’ pay.
The determination of continuous employment and the computation of the
amount of pay (with respect to the amount of hours per week and the rate of
pay) shall be made on the same basis as provided in the section of this contract
covering seniority and vacations.
It is further agreed that dismissal pay shall not be paid in the event of lay
offs, regardless of the duration of said lay-off.
14. Dismissal Pay for Employees Dismissed Because of Merger or Suspension of
Business
In the event of merger, consolidation, or permanent suspension of publication
by any newspaper covered by this agreement all employees who lose employment
thereby shall receive dismissal pay as follow s: * * *
15. Dismissal Pay on Discharge Except for Causes Listed in Posted Company
Rules.
The company shall give employees 2 weeks’ pay upon discharge except for any
of the causes listed in the company’s posted rules and regulations, provided said
employee shall have been continuously employed for 24 months or more. If,
after seven (7) months’ continuous service or seven (7) months after commence
ment of last vacation, an employee’s services are terminated for any reason except
for those causes listed in the company’s rules and regulations, the employee will
be entitled to receive in addition to his separation pay a proportion o f his
next vacation pay. No other cash allowance in lieu of vacation shall be made.
16. Dismissal Pay Limited to Dismissal Due to Technological Displacement.
Displaced Employee May Accept Either Seniority Rights for Rehiring in
Some Other Capacity or Dismissal Pay Based on Length of Service.
The employer will pay separation allowances to employees displaced by
technological changes and for whom no other jobs are open upon the following
terms and conditions:
Any employee shall be considered displaced by technological changes when
his particular job is permanently abolished because of (1) Changes in plant or
equipment, or (2) Changes in process operations.
Displacement by technological changes shall not mean or include any jobs
temporarily discontinued because of trade conditions such as lack of demand for
any of the products the employer may have been at any time manufacturing.
That is, abolition or discontinuance of a job due to technological change shall
not be confused with furloughs brought about in a normal manner because pro
duction of any kind or variety of any production by any department or section
of the plant is not required by the employer at the time for the purpose of sale,
use, or inventory.
Should displacement be made because of change in plant or equipment or
process operations in any department or section, a worker so displaced shall be
given the option for three (3) days of becoming a displaced employee with the
benefits provided under the terms of this agreement and being dropped from the
seniority list, or being transferred according to seniority to the furlough list.
All displacement shall be made in accordance with seniority.
In case of discontinuance of jobs by reason of technological changes as
defined above, the employer agrees to give such employee separation allowance

DISMISSAL PAY PROVISIONS

equivalent to one (1) week’s average pay for each full year’s service, up to and
including ten (10) years’ service.
IT. Dismissal Pay on Dismissal for Incompetence—Same Amount as for Dis
missal for Retrenchment or Reorganization
Employees dismissed for unsatisfactory performance of work shall be en
titled to terminal vacation pay, and 1 week’s severance pay for each year of
service up to a maximum of 5 months’ salary * * *. Employees dismissed
because of retrenchment or reorganization shall be entitled to 2 months’ notice,
terminal vacation pay, and 1 week’s severance pay for each year of service up to
a maximum of 5 months’ salary.
18. Dismissal Pay on Dismissal for Incompetence—Service Requirement Higher
and Maximum Allowance Less Than Dismissal for Retrenchment, or Re
organization
Employees who have been employed 2 years or longer and who are dismissed
for incompetence shall receive severance pay amounting to 1 week for each year
of employment up to a maximum of 4 weeks’ pay.
[Full-time employees dismissed for] retrenchment or reorganization * * *
shall be given * * * a dismissal wage of 1 week’s pay for each year of
service.
19. Dismissal Pay in Event Employee is Permanently Disabled
In the event of permanent disability of any employee the [employer] agrees
that said employee shall be paid, if such permanent disability in fact continues,
a sum equal to that which the employee would have been entitled had he been
discharged under the terms of this contract, less any legal costs or expenses
caused the [employer] in making said payment.
20. Dismissal Pay to Veterans Disabled During Military Service or to Their
Beneficiaries in Case of Death in Service
In the event an employee is physically incapacitated in and at the end of such
service [military service] to the extent that he is unable to carry on his former
employment and the employer is unable to place him in other acceptable employ
ment, he shall at the termination of such service be granted his dismissal pay as
of the date he left the service of the employer. In the event such employee dies
while in such service, the amount of dismissal pay shall be paid to his beneficiary
previously designated in writing by the employee upon receipt by the employer of
proof of his death.
21. Dismissal Pay Paid to Heirs if Employee Dies
I f an employee shall die while in the employ of the [employer], the [employer]
shall pay to the beneficiary designated by him, or in the absence o f such designa
tion to his estate, a sum of money equal to the amount of severance pay, if any,
to which he would have been entitled under the provisions of section — o f this
article had he been dismissed by the [employer] on the date of his death; provided,
however, that the amount payable by the [employer] under the foregoing pro
visions of this section--------- in respect of any employee shall be reduced by the
amount payable upon the death o f such employee under any group insurance plan
of the [employer] then in effect.
22. Dismissal Pay on Death to Heirs o f Employees Ineligible for Group Life
Insurance
The publisher agrees to continue to carry a group life insurance policy that
will provide for the payment of one thousand dollars ($1,000) to the estate of
any employee eligible for coverage under the group life insurance policy. As to

COLLECTIVE BARGAINING PROVISIONS

all those who are not eligible for coverage under said policy, the publisher agrees
to pay a sum equal to the amount which said employee would have been entitled
to as severance pay, but not in excess of one thousand dollars ($1,000) in any
one case.
23. Dismissal Pay Given When Employee Voluntarily Retires or Is Retired A fter
25 Years' Service
Any employee, after 25 years of service, may retire voluntarily, or may be
retired by the [employer], and in either event, receive the dismissal indemnity
as set forth in section — , part —.
24. Dismissal Pay on Retirement for Age or Disability Exceeds Dismissal Allow
ance Granted for Other Reasons
Upon reaching age sixty-five (65), or upon completion of twenty-five (25) years
of continuous and uninterrupted service, as hereinbefore defined, or upon certifi
cation of a doctor designated by the publisher that the employee is permanently
incapacitated from discharging his duties, such employee may terminate his
employment and upon written application to the publisher shall receive a cash
lump sum based on length of service as follow s:
W eeks

Less than 5 years of service------------------------------------------------5 to 10 years of service----------------------------------------------------10 to 15 years of service_____________________________________
15 to 20 years of service___________________________________
20 to 25 years of service__________________________________
25 or more years of service_________________________________

5
10
15
20
30
40

Payments under this section shall be in lieu of any other terminal pay provisions
provided for elsewhere.
N ote .—Dismissal payments granted for other reasons total 30 weeks after
14% years’ service.

25. Dismissal Pay or Monthly Pension at Employer's Option on Voluntary
Retirement
Any employee after 25 years of service may retire voluntarily on account o f
age or illness and receive dismissal indemnity as set forth in this article.
The [employer], instead of giving severance pay, may place that employee on
a retired list at a mutually satisfactory monthly pension rate. If the employee
dies when he has received an amount less than the amount of severance pay to
which he would have been entitled under paragraph--------- of this article, the
[employer] shall at once pay to the employee’s beneficiary, designated by the
employee in writing in advance, or to the executor or administrator, in a lump
sum, the difference between the two amounts.
26. Dismissal Pay to Employees Requested to Resign
If an employee be requested in writing to resign, and complies with that
request, he shall be paid the severance pay as above set forth.
27. Dismissal Pay as Inducement To Resign or if Terminated for Inability To
Perform Job, or Laid Off for Lack of Work
A termination payment, plus compensation for any vacation to which the em
ployee might be entitled for the calendar year, shall be paid under the following
conditions:
(a) To a regular employee who is laid off because of lack of work, and
(b) To any employee as inducement to terminate her service in case
there is a definite program for a reduction in the force, and

DISMISSAL PAY PROVISIONS

(c)
To a regular employee whose services are terminated for reasons
such as inability or unadaptability to perform properly the duties of the
job, provided there is no action on the part of the employee to provoke
dismissal.
28. Employee Option To Accept Job in Locality, or Dismissal Pay. No Payment
if He Rejects Job in Same Plant
In lieu of severance allowance, the company may offer an eligible employee a
job, for which he is qualified, in the same general locality. The employee shall
have the option of either accepting such new employment or requesting his
severance allowance. If an employee accepts such other employment, his con
tinuous service record shall be deemed to have commenced as of the date of the
transfer, except that for the purposes o f severance pay under this section and
for purposes of section 12—vacations, his previous continuous service record
shall be maintained and not be deemed to have been broken by the transfer.
As an exception to paragraph 1 above, an employee otherwise eligible for sev
erance pay who is entitled under section 13—seniority to a job in another part of
the same plant shall not be entitled to severance pay whether he accepts or rejects
the transfer. If such transfer results directly in the permanent displacement of
some other employee, the latter shall be eligible for severance pay provided he
otherwise qualifies under the terms of this section.
29. Dismissal Pay Allowed if Employee Transferred to Another Unit of Parent
Organization
Employees transferred by the management to another * * ♦ paper, to
* * *, or any other * * * organization now in existence or to be cre
ated during the life of this contract, will be paid by the * * * Company the
sum due as severance payment, under this article of agreement, unless the
organization to which they are transferred agrees in writing to accept the
accumulated service and to make an equal payment in event of discharge, pro
vided the period on which severance pay is based shall not be considered con
tinuous beyond the time when the employee last received severance pay from
a * * * organization.
30. Dismissal Pay Allowed if Employee Transferred to Other Operations at a
Lower Rate of Pay
Employees accepting transfers to other operations at an equal or higher rate
of pay shall be entitled to no benefits [severance pay] under this agreement.
Employees accepting transfers to other operations at a lower rate of pay shall
be entitled to the full benefits hereunder [severance pay].
31. Dismissal for Failure To Maintain Union Membership Forfeits Right to
Dismissal Pay
No employee, required to maintain membership in the [union] and dismissed
on account of his failure to do so, shall be entitled to severance pay.
32. No Dismissal Pay if Employee Dismissed for Dishonesty or Gross Misconduct
Severance pay shall not be required as to any employee who shall be guilty
of proven dishonesty or proven repeated gross misconduct, and who shall be
discharged on account of such offense.
33. Dismissal Pay Forfeited if Employee Discharged for Specified Causes
The [employer] need not grant severance pay in case of discharge for dishonesty,
repeated drunkenness after warning, gross neglect of duty or gross insubordina
tion.

COLLECTIVE BARGAINING PROVISIONS

34. Dismissal Pay Not Granted if Employee Provokes Discharge
Dismissal pay need not apply to an employee discharged for dishonesty or in
case of self-provoked discharge, for the purpose of collecting dismissal pay.
35. No Dismissal Pay to Employees Guilty of Unexcused Absences
Any employee whose services are terminated through no fault of his own shall
be granted severance pay, after 1 year’s service of 1 week’s p a y ; after 2 years’,
but less than 5 years’ service, 2 week’s p ay; after 5 years’, but less than 10 years’
service, 3 weeks’ p a y ; and after 10 years’ service, 4 weeks’ p a y ; provided, how
ever, that any employee who is guilty of any unexcused absence shall forfeit all
previously acquired severance pay rights.
36. No Dismissal Pay in Event of Death
No termination allowance shall be due the employee in any case where the
separation is the result of retirement on pension, death, transfer, or resignation.
37. No Dismissal Pay to Employees Quitting Voluntarily, on Leave of Absence, or
Retiring With Pension
The provisions of paragraph—hereof [termination payments], do not apply
in the case of ( a ) an employee leaving the service voluntarily without inducement
by the company to terminate such employee’s services, (b) an employee on a leave
of absence, or (c) an employee qualified to retire with pension.
38. Part-Time Workers To Receive Pro Rata Dismissal Pay
Part-time workers, upon dismissal after six (6) or more months of continuous
service, shall be entitled to severance pay in the proportion the yearly time
worked by them bears to that worked by full-time workers.
39. Temporary Employees To Receive Dismissal Pay
A termination allowance shall be paid to a regular or temporary employee whose
service is terminated under any of the conditions outlined below:
1. Laid off in conformity with this contract.
2. After a leave of absence granted to an employee of 10 years’ or more net
credited service when no work is available at the time he applies for reemployment.
{a) Such employee must have indicated, at the time the leave was granted,
a reasonable expectancy to return to work.
(5) Such employee shall have suffered no impairment during the time of
such leave of absence which would render him unqualified to perform the
work.
3. Dismissed except for misconduct as distinguished from poor quality of work.
40. Temporary or Part-Time Workers Not To Receive Dismissal Pay
Dismissal indemnity need not apply to temporary or part-time workers.
41. No Dismissal Pay to Temporary or Casual Employees or for Temporary
Suspensions of Work
A lay-off allowance is payable to an employee who has 3 months or more of
company service credit and who is removed from the pay roll due to lay-off on
account of reduction in force. Lay-off allowance does not apply in the case of
temporary suspensions of work or to the employee hired for intermittent or casual
work or as a temporary worker for a limited time or specific project.
42. Dismissal Pay for Discharged! Workers at Discretion of Management
In case o f discharge, the matter of (separation) allowance will be left to the
discretion of the management of the company.
N ote :

Dismissal allowance is made in event of a permanent lay-off.

DISMISSAL PAY PROVISIONS

43. Dismissal Pay for Reasons Other Them Lay-Off or Retirement Without Pension
at Company's Discretion
Termination allowances, in amounts determinable under section — of this
article, will be paid to all regular employees laid off for lack o f work and to those
retired at age 65 who are ineligible for service pensions. They may be paid to
employees leaving the service for other reasons in the discretion of the company,
but no such allowance will be paid to an employee dismissed for misconduct in
the judgment of the company or to an employee who resigns or who is retired
with a service pension.

Computation o f Dismissal Pay
Some agreements provide a uniform dismissal payment for all em
ployees, regardless o f differences in length o f service or amount o f
earnings.

More commonly, however, the amount is graduated accord

ing to length o f service at the time o f termination and the employee’s
salary.

In some o f these graduated plans, an employee’s weekly wage

is multiplied by the number of years in service; in others, the dismissal
compensation is determined by certain service year groupings.
In some graduated plans, the ratio o f severance pay to service is uni
form , such as 1 week’s pay for every 6 or 8 months’ or year’s service;
in others, the ratio is increased at certain intervals.

W h ile some o f

these graduated plans set no ceilings on payments, others establish
a limit in the form o f a specified number o f weeks’ or months’ pay, or
a specified sum.
The unit for determining compensation is usually a week’s wages or
salary. T his may be computed from the highest salary received by
an employee during his employment or the highest salary during the
preceding 6 months or year or other designated period, or, again, on
the average weekly salary or earnings received during a specified period
(often 6 months or a year) prior to dismissal, or at the current rate
o f pay.
State or Federal taxes, or social security levies, may be deducted
from severance pay. Some agreements also provide for the deduction
o f any unemployment compensation which the employee may receive
after termination; others, however, specify that no such deductions
will be made.
Dismissal compensation is usually paid in a lump sum, but a few
agreements provide for periodic payments at regular weekly or
monthly intervals.

Other agreements give the employer the option

o f paying either periodically or in a lump sum, or provide for a method
as agreed among employer, union, and employee.
Some agreements credit all or part o f the time spent on military or
other leave towards the total service o f the employee for computing
the dismissal allowance due.

COLLECTIVE BARGAINING PROVISIONS
M ETH OD

O F C A LC U LA TIO N

44. Uniform Plan: 2 Weeks’ Dismissal Pay to All Employees With at Least 1
Year’s Service
The company agrees to pay two (2) weeks’ severance pay upon termination
by the management of employment of not less than one (1) year, except in case
of voluntary resignation, of discharge for cause, or of the employee’s failure to
maintain good standing in the union.
45. Uniform Plan: 2 Weeks’ Dismissal Pay to All Employees; No Service Require
ments
In the event of consolidation or suspension of business, all employees affected
shall receive severance pay of not less than two (2) weeks’ wages at the regular
established rates.
46. Uniform Plan: 2 Percent of Base Pay for 1 Year; Pro Rata for Employees
With Less Than 1 Year's Service
Employees with a year or more service get severance pay of 2 percent of 1 year’s
base pay. Employees with less than 1 year’s service get 2 percent of base pay for
their length of service. The base pay is computed as follow s: The hourly rate is
multiplied by the number of hours in a regular scheduled workweek, and by 52.
47. Graduated Plan: Uniform Ratio of Dismissal Payments; 1 Week for Each
Year of Service; No Maximum
The employer agrees to pay (1) week’s severance pay for each year of service.
48. Graduated Plan: Uniform,. Ratio of Dismissal Payments; 1 Week for Each
30 Weeks’ Service; Maximum Stated as Number of Weeks’ Pay
When an employee is discharged after six (6) months of continuous service
he shall be entitled to severance pay, in cash in a lump sum, equal to one (1)
week’s pay for each thirty (30) weeks of employment or major fraction thereof,
up to a maximum of twenty-six (26) weeks’ pay.
49. Graduated Plan: Uniform Ratio of Dismissal Payment; 1
Weeks for Each
6 Months’ Service; Maximum Stated as Monetary Sum
Subject as hereinafter provided, an employee, other than a temporary employee
hired for any purpose other than to replace a military absentee, who shall be
dismissed by the publisher for any reason other than gross misconduct in
connection with his duties as an employee of the [employer] shall ,be paid an
amount of severance pay equal to his highest regular straight-time weekly rate
of pay times one and one-half for each 6 months (or major fraction thereof after
the first such 6-months’ period) of his last continuous service with the [employer],
not to exceed $5,000 or to be less than 1 week’s pay.
50. Graduated Plan: Uniform Rates of Dismissal Payments. Maximum Allow
ance Less for Some Types of Dismissals Than for Others
Employees who have been on the staff 1 year or longer and who are dismissed
for reasons of retrenchment or reorganization shall receive a separation allow
ance equal to 1 week’s salary for each year of service, up to a maximum of 12
weeks. Employees who have been on the staff for 1 year or longer and who are
dismissed for other reasons than malfeasance, shall receive a similar allowance,
up to a maximum of 4 weeks.
51. Graduated Plan: Uniform Ratio of Dismissal Payments; Fixed Amount for
Each Year of Service Regardless of Wage Rate. No Maximum Stated.
When there is a reduction in force in any department and an employee is laid
off as a result of such reduction in force, or when an employee is closed out of

DISMISSAL PAY PROVISIONS

service by reason of permanent physical disability, he shall be paid, subject to
the conditions hereinafter set forth, an amount equal to twenty-five dollars
($25) for each completed year of continuous uninterrupted service, computed
from his last date of hire. Severance pay shall not be paid to any employee
who leaves the service of the company for any reason whatsoever other than
as a result of a reduction in force or permanent physical disability. Severance
pay shall not be paid to any employee who is laid off as a result of a reduction
in force if he is offered other employment with the company.
52. Graduated Plan: 6 Weeks’ Pay A fter 6 Months’ Service; 12 Weeks A fter 1
Year. Pay Limited to Regular Situation Holders
Employees who have held regular situations for more than 6 months but less
than 1 year shall be paid 6 weeks’ dismissal pay.
Employees who have held regular situations for more than 1 year shall be paid
12 weeks’ dismissal pay.
Dismissal pay shall be at the employee’s regular straight-time rate of pay as of
the time of dismissal.
53. Graduated Plan: Ratio of Dismissal Pay to Service Progressively Raised as
Years of Service Increase. No Maximum Specified
Regular employees who are laid off because of a force surplus will receive a
termination payment consisting of 1 week of pay, at their current basic weekly
rates, for each completed year of net credited service up to and including the
fourth year. In addition, employees with more than 4 years o f service will re
ceive 2 weeks of pay for each year of net credited service beginning with the
fifth completed year and up to the eighth year, and 3 weeks of pay for each year
of net credited service beginning with the ninth completed year and up to the
twelfth year, and 4 weeks of pay for each completed year of net credited service
thereafter beginning with the thirteenth year. Employees having more than
1 year of net credited service shall receive payment for fractional years of
service based on the completed months of service in the fractional year. Such
payments shall be made at the rate provided above which is applicable to the
fractional year.
54. Amount of Dismissal Pay Specified hut Company May Make Additional Pay
ments on Individual Basis
Each regular full-time employee with one or more years of net credited service
laid off under the provisions of section--------- of this article (including those
laid off in accordance with the terms of any further agreements reached with
union) shall receive, in addition to any vacation payment to which he may be
entitled, a lay-off allowance in accordance with the following:
( а ) One week’s basic pay for each completed year of net credited service
up to and including 8 years.
(б ) One week’s basic pay for each completed 6 months of net credited
service beyond 8 years.
(c) In cases where an employee has more than 15 years o f net credited
service, company may, in its discretion, make payments in addition to those
provided under (a) and (b) above, such additional payments to be determined
by company on an individual basis.
55. Dismissal Compensation Determined hy Service Year Groupings: No Ceiling
on Payments
Severance pay, except in the event of dismissal for gross breach of trust, or
for failure to become or remain a member of the [union] in good standing, shall
be paid according to the following schedule:

COLLECTIVE BARGAINING PROVISIONS

Two weeks’ severance pay shall be given to an employee having less than a
year’s previous experience who is dismissed in his first year in the [employer’s]
employ.
Four weeks’ severance pay shall be given to an employee having more than a
year’s previous experience who is dismissed in his first year in the [employer’s]
employ.
Five weeks’ severance pay shall be given to an employee dismissed in his second
year of employment, and an additional week’s pay for each additional year
thereafter up to 10 years.
Eighteen weeks’ severance pay shall be given to an employee dismissed after 10
years and up to 12 years of employment.
Twenty-two weeks’ severance pay shall be given to an employee dismissed after
12 and before 15 years of employment.
Twenty-six weeks’ severance pay shall be given to an employee dismissed after
15 years of employment, and an additional week’s pay shall be given for each
year of service above 15.
D E F IN ITIO N

O F BASIS O F P A Y M E N T

56. Dismissal Pay Based on Highest Rate Received During Employment with
Company
When the staff is reduced, any employee who has worked 30 or more hours
per week regularly for at least 6 months shall be given at least 1 week’s notice
of the elimination of his position or 2 weeks’ notice if his service exceeds 12
months, at which time he shall (1) exercise his displacement or transfer rights, or
(2) failing to exercise those rights, be considered dismissed and receive his dis
missal pay as hereinafter provided.
Dismissal indemnity for an employee discharged except for gross insubordina
tion or repeated willful misconduct in the performance of his duties shall be based
upon the length of the employee’s last continuous employment with the employer
and on the highest regular weekly salary received by the employee from the
employer according to the schedule set up below.
When an employee of 5 or more years continuous full time employment, or an
employee who has had such continuous full time employment, and is working for
the employer in a position carrying full seniority privileges, has, in the event of
the elimination of his position, been forced to accept less than 30 hours per week,
his period of continuous employment under this section shall have terminated and
he shall be entitled to all the benefits of this section as if his employment had
entirely terminated; such benefits, however shall be credited to him and paid
only when he is completely removed from the company’s employ. If an employee
who has been credited but never paid benefits hereunder is reinstated to full-time
employment, he shall have returned to him al'. previously acquired continuous
service credit.
57. Dismissal Pay Based on Highest Weekly Rate Received During the Previous
6 months
Severance pay shall be based upon the highest weekly rate of pay received during
the last 6 months of employment prior to discharge.
58. Dismissal Pay Based on Highest Regular Weekly Salary Received During
Previous 2 Years
In all cases, severance pay shall be computed on the basis of the highest regular
weekly salary received by the employee during the two (2) years next preceding
the termination of his service.

DISMISSAL PAY PROVISIONS

59. Dismissal Pay Based on Average Weekly Salary, Including Bonus
Any employee who is laid off because o f a reduction or decrease in staff shall
be entitled to receive at the time of lay-off a severance allowance as follow s:
(a) I f such employee had been continuously employed by the employer for a
period of not less than one (1) year nor more than three (3) years, such em
ployee shall receive one (1) week’s pay.
(&) If such employee had been continuously employed by the employer for a
period in excess o f three (3) years but not more than five (5) years, such em
ployee shall receive two (2) weeks’ pay.
(c) If such employee had been continuously employed by the employer for a
period in excess of five (5) years, such employee shall receive two (2) weeks’
pay plus one (1) additional week’s pay for each year of continuous service in
excess of five (5) years.
For the purpose of this article a week’s pay shall consist of the weekly pay, in
cluding bonus, for the average normally scheduled straight-time hours of work
per week of the respective employee based upon the 6-month period immediately
preceding the date of lay-off. In no case shall any employee be entitled to receive
more than one (1) severance allowance in any calendar year.
60. Dismissal Pay Based on Rate at Time of Termination Including Shift Bonus
and Meal Allowance. Rate Proportionate to Reduced Hours if on Part Time
A “ week’s pay” [for termination payments] shall be computed at the rate of
pay in effect on the date of the employee’s termination of employment, the rate
of pay to include any night and evening differential and any wage equivalent for
meals to which the employee is entitled. If part-timing is in effect, the rate of
pay shall be reduced in the same proportion as the reduction in hours.
61. Dismissal Pay Based on Average Weekly Salary, Excluding Bonuses
The wage upon which severance pay shall be computed shall be the employee’s
average weekly salary (exclusive of bonuses and payments for special work) for
the 26 weeks previous to dismissal or retirement.
62. Dismissal Pay Basis For Weekly-Paid and Commission Employees Defined
Severance pay shall be based on the highest wage received by an employee dur
ing the 12 months preceding dismissal; or, in the case of an employee receiving
a wage and a commission, it shall be based on the highest weekly wage plus the
average weekly commission or drawing account for the preceding 12 months; or,
in the case of an employee on a straight commission basis, it shall be based on
the average commission or drawing account of the preceding 12 months.
DEDU CTION S

63. Taxes Deducted From Dismissal Pay
From the severance pay the [employer] may deduct any levy or tax to which
the employee is subject under State or Federal employment or social security
legislation, or any other law, executive order, or administrative order issued in
pursuance of the law.
64. Sick-Leave Payments Deducted
An employee who voluntarily retires after being certified by the medical de
partment of the [employer] as unable to continue work by reasons of old age
or illness shall, if such employee is not granted a pension under the prevailing
pension practice, be entitled to receive in a lump sum a cash severance payment
equal to 2 weeks’ pay for each full year’s continuous and uninterrupted employ
ment as recognized in the employment records of the [employer]. In the case

COLLECTIVE BARGAINING PROVISIONS

of any such retiring employee there shall be deducted from the severance pay
the amount of any sick-leave payments paid to the employee during the imme
diately preceding 12 calendar months.
65. No Deduction for Unemployment Compensation
Severance pay shall not be reduced by or have the effect of reducing unemploy
ment compensation or any other compensation provided for under State or Fed
eral laws, unless State or Federal laws are to the contrary.
66. Legal Dismissal Payments, but Not Unemployment Compensation, Deducted
Severance allowance shall not be duplicated for the same severance, whether
the other obligation arises by reason o f contract, law, or otherwise. I f an indivi
dual is or shall become entitled to any discharge, liquidation, severance, or dis
missal allowance or payment of similar kind by reason of any law of the United
States of America or any of the States, Districts, or Territories thereof subject to
its jurisdiction, the total amount of such payments shall be deducted from the
severance allowance to which the individual may be entitled under this sec
tion, or any payment made by the company under this section may be offset
against such payments. Statutory unemployment compensation payments shall
be excluded from the nonduplication provisions of this paragraph.
67. Unemployment Compensation Deducted
Company will pay said employees on separation of employment an amount
equal to twenty-six (26) times the difference between employee’s average weekly
earnings as defined by the vacation pay clause in our existing labor contract, ex
cluding, however, therefrom, premium pay for night shift, and any weekly un
employment insurance benefits to which such employee shall be entitled to receive
if thereafter he was unemployed.
68. Legal Costs and Other Expenses Deducted From Amount Paid Employee's
Beneficiaries
If an employee’s services are terminated by death, there shall be paid to his legal
representatives a sum equal to the amount of severance pay to which he would
have been entitled under paragraph * * * if he had been discharged less any
legal costs and expenses incurred by the [employer] in making the payment.
C A LC U L A T IO N O F SERVICE F O R D ISM ISSA L P A Y

69. Service for Determining Amount of Dismissal Pay Includes Military Service
Leave
In determining the severance pay of such an employee [on military service
leave], time spent on such leave shall be included. Such employee shall also be
given credit in his experience rating for the time spent on such leave.
70. Service for Determining Amount of Dismissal Pay Excludes Time on Leave of
Absence
By arrangement between the [union] and the employer, leaves of absence may
be granted without prejudice to continued service; provided that the period o f any
leaves of absence shall not be counted as service in the computation o f dismissal
indemnity.
71. Service for Determining Amount of Dismissal Pay Excludes Furloughs or
Leaves in Excess of 1 Year
Years of service shall be interpreted to mean the total number of years between
the last date of employment and the date on which the employee is displaced due
to a technological change.

DISMISSAL PAT PROVISIONS

No service deductions shall be made for any furlough or leave due to sickness
or compensable injury of less than one (1) continuous year.
All time in excess of one (1) continuous year on furloughs or leaves shall be
deducted in calculating displacement wages.
T IM E AND M E T H O D

OF PAYM ENT

72. Dismissal Compensation Paid in Lump Sum
When an employee * * * is discharged, he shall receive a cash dismissal
payment in a lump sum in accordance with the following schedule for years of
continuous and uninterrupted employment.
73. Company Option of Paying Dismissal Allowance as Lump Sum or in Monthly
Installments
The company may elect to compensate for severance pay either in a single lump
sum or in equal monthly payments to be spread over as many months as are
included in the severance pay allowance.
74. Employee Option of Receiving Dismissal Pay as Lump Sum or in Monthly
Installments
Such dismissal pay shall be paid in a lump sum or by a continuance, for the
approximate number of weeks, of the regular salary rate, at the option of the
employee.
75. Dismissal Allowance Paid in Weekly Installments to Employees Retiring
Because of Illness or Old A g e; Lump Sum to Other Employees
Upon dismissal an employee shall receive in cash, dismissal indemnity in a
lump sum equal to 1 week’s pay for every 8 months’ continuous service or major
fraction thereof on any * * * enterprise, to a maximum of 28 weeks’ pay,
such dismissal indemnity to be computed at the highest regular weekly rate of
pay received by the employee during the previous year.
In case of bona fide retirement from regular gainful employment because of
physical or mental break-down, or old age, the [employer] will pay the dismissal
indemnity according to the above schedule, except that the [employer] may make
the payment weekly, as the salary would become due, instead of in a lump sum.
76. Dismissal Allowance Paid in Weekly Installments at Rate of One-Third of a
Week9s Pay Per Week of Lay-Off
After five (5) years of service, an employee who is laid off by the employer for
a period of 1 week or more will receive up to five (5) 40-hour weeks’ pay or five (5)
37%-hour weeks* pay as the case may be, payable at the rate of one-third of a
week’s pay per week during such lay-off. The rate shall be that of the job which
the employee is on at the time o f such lay-off; provided, however, if he is on alter
nating shifts, he shall be paid at the first and second shift rates and not on the
third shift rates when the third shift is in the minority. For each additional year
o f service, after five (5) years, such an employee laid off will get 1 week’s pay
additional, payable at the same rate as above. The number of weeks of lay-off
are accumulated, and the lay-off payments are deducted from such accumulations
as paid. I f the employee shall notify the company that at the time of the lay-off
he believes he is getting a lower rate than the rate prevailing for the work which
he has performed for the greater portion o f the current fiscal year, the accounting
department will pay such higher rate during the lay-off if the employee’s impres
sion is found to be correct.
An employee who is discharged or temporarily laid off as a reprimand for good
and sufficient reasons, is not eligible for lay-off pay.

COLLECTIVE BARGAINING PROVISIONS

77. Allowance Payable Immediately JJpon Separation
Separation allowance shall be due and payable to the displaced employee
immediately upon separation.
78. Waiting Period of 18 Weeks or After Social Security Benefits Paid Unless
Employee Requests Payments Upon Termination. Payment Terminates
Employment Relation
If severance occurs because of technological unemployment, as above defined,
the employee concerned shall, after a waiting period of 13 weeks, or after he has
received his full compensation under the Social Security Act, receive severance
pay according to the table designated under No. 2 above, unless he shall have
meanwhile been reemployed by the employer. On receipt of severance pay, all
his relations with the employer shall cease. During the waiting period specified
above the employee shall not participate in any sharing of work. However, an
employee who elects in writing to do so may receive his severance pay at the time
of severance.

Reemployment Provisions
Dismissal wage plans covering situations in which technological
changes necessitate labor curtailment often permit employees the
privilege o f accepting either a furlough or dismissal pay. Furloughed
employees retain reemployment rights and preferences according to
their seniority. Dismissed employees are given dismissal compen
sation and lose all reemployment rights, and, if rehired, are classed as
new employees, without credit for seniority accumulated prior to
dismissal.
Most union agreements, whether or not they provide for dismissal
pay, specify that employees laid off shall not lose their seniority status
if rehired within a specified period. Some agreements, particularly
those o f the American Newspaper Guild, in addition to providing dis
missal pay, grant reemployment preference to employees who have
been dismissed for reasons o f economy; and, in a few cases, this right
is extended to all employees dismissed except for cause. A few agree
ments in the former group limit the right to preferential reemploy
ment to 1 year after the dismissal for reasons of economy or restrict it
to union members.
Agreements sometimes require that, if reinstatement takes place
within a short time, a portion of the dismissal pay, equal to the differ
ence between the number o f weeks dismissal pay received and the
number o f weeks laid off, shall be returned to the company through
deductions from wages.

More commonly, however, there is no return

of the dismissal pay, but the reinstated employee if laid off again re
ceives dismissal pay based on length of service only from the date of
rehiring and not on total accumulated lergtli of service; or the pre
vious dismissal payment is deducted from the amount due.

Some

agreements further provide that employees reliired after accepting
severance pay shall not be eligible for further severance pay until the
expiration o f a year, or some other specified period.

DISMISSAL PAY PROVISIONS

79. Reemployment Preference to Dismissed Employees Who Have Received Dis
missal Pay
Employees covered by this contract who are dismissed for reasons other than
gross misconduct will receive 1 week’s pay for each 6 months of service in the
employ of the [employer] through 10 years and 1 week for each year of service
beyond 10 years, the maximum service payment being 22 weeks. All employees
who are discharged except those discharged for reasons set forth in section 14
[incompetence, neglect of duty, insubordination or misconduct] shall be placed
on a priority list in the classification in which they were engaged at the time
they were discharged and the employees so discharged shall be rehired in the
inverse order of discharge in such classifications, prior to the hiring of persons not
on the list.
80. Employee Option of Accepting Dismissal Pay or Being Transferred to Furlough
List
Should displacements be made because of technological changes, an employee
so displaced shall be given the option of becoming a displaced employee with
the benefits provided under the terms of this agreement [severance pay] or being
transferred according to seniority to the laid-off list.
81. Employee Option of Accepting Dismissal Pay or Tramfer to Another Plant of
Company
In lieu of severance allowance, the company may offer an eligible employee a
job, in the same job class for which he is qualified, in the same general locality.
The employee shall have the option of either accepting such new employment or
requesting his severance allowance. If an employee accepts such other employ
ment, his continuous service record shall be deemed to have commenced as of
the date of the transfer, except for the purpose of severance pay under this
section and for purposes of section 10—Vacations, his previous continuous service
record shall be maintained and not be deemed to have been broken by the
transfer.
As an exception to paragraph 1 above, an employee otherwise eligible for sev
erance pay who is entitled under section 11—Seniority to a job in the same job
class in another part of the same plant shall not be entitled to severance pay
whether he accepts or rejects the transfer. If such transfer results directly in
the permanent displacement of some other employee, the latter shall be eligible
for severance pay provided he otherwise qualifies under the terms of this section.
82. Displaced Employees Given Reemployment Preference if Dismissal Pay Not
Accepted
A preferential list at [plant] only shall be established for workers of more
than 2 years’ service who may have been displaced, and such displaced workers
shall have the privilege for a period of sixty (60) days of deciding to take
separation allowance as provided in this agreement or accepting a place on
the preferential list in accordance with his seniority for future employment
on a job agreeable to the employer and the employee. The employer agrees to
advise the union of the status of such preferential list.
83. Employee Choosing Dismissal Pay Option During First Year of Furlough
Loses Employee Status
In the event that any employee covered by this agreement is put on involuntary
furlough, such employee shall at any time during the first 12 months of such
furlough be given the option o f taking severance pay on the following basis: A
lump sum cash gratuity equal to 1 month’s pay for each completed year of con

COLLECTIVE BARGAINING PROVISIONS

tinuous service with the company, computed on the basis of the salary at the
time such employee was placed on involuntary furlough.
As a condition to the exercise o f such option, the employee shall waive any
claims to pension rights or benefits whatsoever and shall be deemed no longer
in the employ o f the company.
Any employee who is offered a transfer to another job as an alternative to
lay-off, or who elects to resign as an alternative to the lay-off of another employee
shall have the option of taking severance pay as outlined in section 1 above.
84. Worker Reemployed A fter Accepting Dismissal Pay Loses Credit for Previous
Seniority
I f an employee displaced by technological change chooses to take separation
allowance and thereafter is reemployed at another job by the employer, he shall
be reemployed as a new employee without credit for previous seniority or service.
85. Deduction for Previous Period of Service for Which Dismissal Compensation
Was Paid
When dismissal indemnity has been paid to an employee of a * * * enter
prise, the computation o f dismissal indemnity will begin at the time of his reem
ployment and previous time served will not be included in the computation.
86. Deduction for Previous Dismissal Payments if Again Laid Off
Reengaged employees who have received a termination payment, and who are
again laid off, will be paid the difference between the computed payment to which
they are eligible and the net amount of any payments which they may have
received due to any previous lay-off.
87. One-Year Waiting Period Before Reemployed Worker Eligible for Another
Dismissal Payment
One year of accumulated service, after receiving severance pay, shall be
required before an employee becomes eligible for a further severance pay.
88. Partial Repayment in Installments of Excess Dismissal Allowance Upon
Reemployment
If an employee who has received termination payment is rehired and the
number of weeks since the date of his lay-off is less than the number o f weeks
upon which the payment was based, the amount paid to the employee for the
excess number of weeks shall be considered as an advance by the company and
shall be repaid the company by pay-roll deductions at the rate of ten percent
(10% ) of his weekly earnings.
89. Original Service Record Restored if Repayments o f Excess Dismissal Pay
Made on Reemployment
Separation allowance refunds o f unused separation pay shall be made by em
ployees who are recalled to work prior to the expiration o f their separation time
allowance, by deduction of 20 percent o f the employee’s current salary rate at
each pay period until the refund is repaid or until the employee is again separated.
If the employee makes a refund of his separation allowance previously received
by him, as provided above, his service record will date from the same date as
that from which his previous separation allowance was computed.
I f the employee is again separated before he has made a refund o f a separation
allowance previously received, he will have his service credits reestablished to
the extent that separation allowance repayments have been made. He will re
ceive a separation allowance, if entitled to such, not less than the amount he has
refunded.

I ndex
DISCHARGE, DISCIPLINE, AND QUITS

Cause for discharge:

Clause

Page

CO
C O ^ ^
^
^
UD
ic
<o
t>
N
00 00 00 00 00 00 00

COCO

(1) No restriction on employer’s right to discharge_______________
(2) Exclusive right of company to discharge for just cause________
(3) Full discharge power vested in company but “ reasonable rights”
of employees considered___________________________________
(4) Disciplinary action, including discharge, for violation of speci
fied rules__________________________________________________
(5) Causes for discharge not limited to causes listed______________
(6) Discharge for violation of company rules or union constitution.
(7) Discharge for violation of present company rules and future
rules adopted by mutual agreement________________________
(8) New rules to be discussed with union before adoption_________
(9) Discharge without notice for specified causes; discharge after
warning for other offenses_________________________________
(10) Suspended employee discharged if he fails to leave company
premises immediately_____________________________________
(11) Persistent tardiness or other violation of working hours expressly
recognized as cause for discharge___________________________
(12) Intentional violation of agreement cause for discharge-----------(13) Three reprimands within year’s period subjects employee to
discharge_________________________________________________
(14) Profanity, fighting, and absenteeism cause for discharge---------(15) Consistently poor work subjects employee to dismissal---------(16) Failure to maintain approved production standards after three
warnings cause for discharge_______________________________
(17) Company right to discharge employee habitually requiring
make-up pay_____________________________________________
(18) Union-management negotiations prior to discharge for poor
work_____________________________________________________
(19) Employer to judge competency---------------------------------------------(20) Specific proof of incompetency required---------------------------------(21) Trial period to determine competency________________________
(22) Complaint by patron just cause for discharge; not arbitrable_ _
(23) No discharge for employee insistence that agreement terms be
observed__________________________________________________
(24) Automatic discharge for willful misrepresentation regarding
chronic or communicable diseases__________________________
(25) Subversive activity or conduct cause for discharge____________
(26) Affiliation with specified organizations cause for discharge_____
(27) No discharge because of casual sickness______________________
(28) Accident not grounds for discharge unless employee at fault—
(29) Restriction on discharges for wage assignments or garnishees. .
(30) Participation in strike activity cause for discharge____________

INDEX

Cause for discharge— Continued
C la u se

(31)
(32)
(33)
(34)
(35)
(36)
(37)
(38)
(39)

Page

Refusal to cross picket line not cause for discharge___________
Restrictions on discharge of union officers____________________
Employee discharged after notice of expulsion from union_____
Time limit on discharge after expulsion from union___________
Union to assume responsibility for discharge made at its requestCompany not required to make discharges requested by union.
Prohibition of discharge for union activity___________________
Union activity outside of working hours not cause for discharge.
Pro-union or anti-union activity cause for discharge under cer
tain conditions____________________________________________
(40) Probationary employees discharged at will___________________
(41) Discharge without recourse by employee or union during pro
bationary period____________________________________
(42) Probationary employee not to be discharged for union member
ship or activity___________________________________________
(43) Discharge prohibited during trial period of 1 week___________
(44) Discharge prohibited during first two working hours of the d ay..
(45) Discharge prohibited during vacation period__________________
(46) Discharge to be made at the end of a shift___________________
(47) All discharges made on Saturday_____________________________
Notice and explanation of discharge:
(48) Two weeks’ notice to employee required_____________________
(49) Length of notice graduated according to length of service_____
(50) Immediate dismissal for specified offenses; 1 week’s notice or
pay for other discharges________________________________
(51) Time off allowed during notice period to look for another jo b ..
(52) Written notice of discharge to employee and union___________
(53) Union given 24 hours’ advance notice of discharge____________
(54) Advance union notification: period not specified______________
(55) Union given advance notice and right to investigate discharges
of stewards or grievance committee members_______________
(56) Warning notices to employee and union except for discharge
requiring summary action______________________________
(57) Union notified when discharge imminent because of unsatis
factory work______________________________________________
(58) Union notified immediately of discharge_____________________
(59) Union notified not later than 24 hours after discharge________
(60) Alternative procedures regarding notice of discharge__________
(61) Notice of discharge or pay in lieu of notice___________________
(62) Reason for discharge given at employee’s request_____________
(63) Written explanation at union’s request____________________
(64) Explanation to employee or union on written request of em
ployee____________________________________________________
(65) Reasons for discharge given without request__________________
Protest and appeal of discharge:
(66) Union consent a prerequisite to discharge------------------------------(67) Union-management negotiations prior to penalty or discharge. _
(68) Employer to discuss proposed discharge with local and national
union before taking action_________________________________
(69) Discharges discussed in advance with chief shop steward______
(70) Reasonableness of penalty subject to union-management dis
cussions and to arbitration------- -------------

8
9
9
9
9
9
9
9
9
10
10
10
10
10
10
10
10
11
11
11
11
11
12
12
12
12
12
12
12
13
13
13
13
13
13
14
15
15
15
15

INDEX
Protest and appeal of discharge— Continued
Clause
(71) Union right to challenge
any discharge________________
(72) Union mav investigatedischarge provided employee consents—
(73) Union representative may present employee’s case at hearing on
discharge or discipline_____________________________________
(74) Union representative to be present at preliminary meeting on
discharge case_____________________________________________
(75) Union representative permitted to interview discharged em
ployee before he leaves plant premises_____________________
(76) Interview with union representative permitted unless circum
stances require employee’s immediate removal from the
premises__________________________________________________
(77) Discharge cases appealed through regular grievance procedure. _
(78) Discharge appealed first to union, then to joint board________
(79) Special committee to investigate discharge cases______________
(80) Joint investigation of sufficiency of reasons for discharge;
appeal through grievance procedure________________________
(81) Joint investigation of sufficiency of reasons for discharge; appeal
directly to arbitrator______________________________________
(82) Joint union-management investigation prior to arbitration-----(83) Appeal through regular grievance procedure, including arbitra
tion______________________________________________________
(84) Arbitrator may reinstate with or without pay or liquidate claim
by cash payment__________________________________________
(85) Scope of arbitration limited to issue of whether discharge was for
proper cause______________________________________________
(86) Scope of arbitration varies, depending on cause of discharge____
(87) Scope of arbitration limited when discharge based on strike
participation or insubordination___________________________
(88) Arbitration board may modify company discipline only if
employees disciplined for striking are found less guilty than
nondisciplined employees__________________________________
(89) Discharges not arbitrable____________________________________
(90) No union-management review of discharges for dishonesty,
drunkenness, and incompetency____________________________
(91) Discharge for strike activity not subject to grievance and
arbitration machinery_____________________________________
(92) Discharge for loss of good standing in union notarbitrable____
(93) Employer recourse to grievance procedure in cases involving
employees’ expulsion from union___________________________
(94) Employee allowed 3 days to protest discharge________________
(95) Union allowed 3 days to protest discharge____________________
(96) Time limit on employer’s response to dischargeappeal_________
(97) Time limits on complaint of unjust discharge and on manage
ment response to complaint________________________________
(98) Time limits on various steps of discharge appealprocedure____
(99) Over-all time limit for settlement of discharge grievance______
(100) Discharge cases given precedence for disposition through griev
ance procedure____________________________________________
(101) Impartial chairman to give precedence to discharge cases; time
limit on decision__________________________________________
(102) Accelerated procedure for handling discharge cases; first step of
grievance procedure skipped----------------------------------------------

57
Page
15
15
15
16
16

16
16
16
16
17
17
17
17
17
18
18
18

18
19
19
19
19
19
19
20
20
20
20
20
20
21
21

IN D EX

Protest and appeal of discharge— Continued
C la u se

(103) First three steps of grievance procedure skipped--------------------(104) Discharge referred directly to last step on same day of occurrence(105) Employee to continue work at full pay pending arbitrator's
decision on discharge______________________________________
(106) Employee to continue work during discharge appeal unless
immediate discharge absolutely warranted__________________
(107) Employer option of requiring employee to work during suspen
sion or discharge investigation_____________________________
(108) Deduction from award if employee refuses to accept temporary
employment from company during appeal negotiations_____
Reinstatement of unjustly discharged workers:
(109) Reinstatement with full rights and privileges and pay for lost
time______________________________________________________
(110) Reinstatement with pay for all time lost_____________________
(111) Amount of pay determined by arbitrator; maximum amount
specified__________________________________________________
(112) Maximum of 30 days' pay for time lost______________________
(113) No back pay for period between discharge and time of filing
grievance_________________________________________________
(114) Reinstatement pay basis: employee's average hourly earnings
times hours worked by his department since discharge______
(115) Employee's regular rate used in computation of pay for time
lost______ ________________________________________________
(116) Forty hours' pay for each workweek lost because of unjust dis
charge_____________________________
(117) Hours worked by other employees in the department used as
basis for reinstatement pay_______________________________
(118) Shift differential and overtime included in reinstatement pay__
(119) Reinstated employee to receive penalty payment in addition to
pay for time lost— _______________________________________
(120) Pay for lost time less interim earnings________________________
(121) Pay for lost time less deduction for interim earnings, unemploy
ment compensation, taxes, dues, and group insurance pre
miums____________________________________________________
(122) Redress for unjust discharge dependentoncircumstances______
(123) No loss of seniority for reinstated employees__________________
(124) Prohibition of employer discrimination against reinstated em
ployee____________________________________________________
Pay and other benefits due discharged workers:
(125) Discharged workers paid in full---------------------------------------------(126) Wages, vacation allowance, and bonds given within 24 hours
after discharge____________________________________________
(127) Accrued overtime paid employee at termination of service____
(128) Severance pay of discharged workers graduated according to
length of service__________________________________________
(129) Terminal vacation and severance pay forfeited by discharge for
gross misconduct__________________________________________
(130) Reinstated employee to reimburse company for separation or
vacation payments received at time ofdischarge____________
(131) Letter showing length and character of service given on request
to employees leaving company_____________________________

Page

21
21
21
21
21
22

22
22
23
23
23
23
23
23
23
23
24
24

24
24
24
24
25
25
25
25
25
25
26

INDEX

Pay and other benefits due discharged workers— Continued
C la u se

(132)
(133)
Discipline
(134)

Page

Discharged employees returned to port of embarkation_______
Discharged employees may seek reemployment after 6 months. _
other than discharge:
Warnings on first and second offenses; discharge for third of
fense_____________________________________________________
(135) Written warnings for rules violations or poor work; discharge
after 4 warnings in a 6-month period or without warning if
certain rules broken_______________________________________
(136) . Warning on first offense; copies to shop steward and personnel
department_______________________________________________
(137) Union representatives to receive copies of warning notices with
employee’s signatureor indication of refusal to sign________
(138) Disciplinary actions must be in writing; handled by supervisor,
employee, and steward____________________________________
(139) Disciplinary action explained to union in advance____________
(140) No disciplinary lay-off except by mutual consent of union and
management______________________________________________
(141) No disciplinary action prior to joint consideration; parties to
meet within 24 hours of suspension________________________
(142) Union to support company in maintenance of discipline_______
(143) Discipline by union for specified violations or on company re
quest_____________________________________________________
(144) Employee expelled from union if convicted for pilfering or
broaching cargo___________________________________________
(145) Severity of penalty graduated according to number of offenses.
(146) Severity of discipline determined by gravity of offense________
(147) Disciplinary penalties varying from reprimand to discharge___
(148) Three-step procedure in discipline cases______________________
(149) Discipline for absence without notice_________________________
(150) Loss of vacation pay for each 2 days’ absence without notice;
discharge for 2 weeks’ unauthorized absence, i ______________
(151) Discipline for failure to punch time card promptly____________
(152) Discipline must be imposed within 5 days after company learns
of violation________________________________________________
(153) Suspension required prior to discharge________________________
(154) Suspension pending investigation or trial_____________________
(155) No loss of employee rights and benefits, except wages, during
period of suspension_______________________________________
(156) Disciplinary lay-off deducted from service record_____________
Quits:
(157) Two weeks’ notice before quitting____________________________
(158) Employee to give week’s notice before quitting; employer to give
week’s notice or pay before discharge_____________ ________
(159) Two days’ quit notice required during busy season____________
(160) Foreman to give week’s notice; other employees to give 2 days’
notice_____________________________________________________
(161) Union to compel members to give notice beforequitting_______
(162) Union to impose fine if quit notice not given_________________
(163) Union to impose fine, suspension, or both for failure to give
notice_____________________________________________________
(164) Fine imposed by union and paid to employer if union member
quits without notice_______________________________________

26
26

27
27
27
27
27
28
28
28
28
28
28
29
29
29
29
29
30
30
30
30
30
31
31
31
31
31
32
32
32
32

IN D EX

Quits— Continued
P age

C la u se

(165) Union not to place employee until expiration of notice period._
(166) Quit notice waived by mutual consent of employer and union __
(167) Two weeks' notice at employer's option; union to discipline
member failing to give notice______________________________
(168) Employee may withdraw quit notice during period of notice__
(169) Absence of five consecutive days without permission constitutes
quit______________________________________________________
(170) Employee who quits has status of a new employeeif reemployed.
(171) No credit for previous seniority if employee who quits is re
employed_________________________________________________
(172) Wages and personal property given within 24 hours after termi
nation of employment_____________________________________
(173) Pro rata vacation pay upon termination of employment other
than discharge for cause___________________________________
(174) Transportation and other expenses deducted from wages of re
signed employee___________________________________________
(175) Service letter furnished employees leaving company___________

32
32
32
32
33
33
33
33
33
33
23

DISMISSAL PAY PROVISIONS
Conditions for granting dismissal p ay:
(1) Dismissal pay to regular full time employees laid off for lack of
work______________________________________________________
(2) Dismissal pay to permanent employees laid off ordismissed___
(3) Dismissal pay to employees terminated through no fault of
their own_________________________________________________
(4) Union and employer to work out dismissal pay plan if lay-offs are
threatened________________________________________________
(5) Dismissal pay to employees laid off, relieved, dropped, or re
ared without receiving pension------------------------------------------(6) Dismissal pay on voluntary resignation, discharge, job elimina
tion, and lay-off affecting more than 25 percent of unit.
Maximum dismissal allowance greater for discharge than for
resignation________________________________________________
(7) Dismissal pay on termination or lay-offexceeding 30 days____
(8) Dismissal pay on lay-off exceeding 30 days; minimum service
and maximum annual earningsqualifications_______________
(9) Dismissal pay on lay-off provided in good standing with com
pany and union___________________________________________
(10) Dismissal pay on lay-off to regular employees with minimum
age and service qualifications. Pay to be requested by union
within 3 months___________________________________________
(11) Dismissal pay in event of permanent shut-down of plant or
department_______________________________________________
(12) Union may discuss dismissal pay if company plans permanent
shut-down of plant________________________________________
(13) Dismissal pay to employees permanently displaced but not to
those laid off, regardless of durationof lay-off_______________
(14) Dismissal pay for employees dismissed because of merger or sus
pension of business________________________________________
(15) Dismissal pay on discharge except for causes listed in posted
company rules_______________________________ _______ _____

36
36
36
36
37

37
38
38
38

38
39
39
39
39
40

INDEX

Conditions for granting dismissal pay— Continued
C la u se

Page

(16) Dismissal pay limited to dismissal due to technological displace
ment. Displaced employee may accept either seniority rights
for rehiring in some other capacity or dismissal pay based on
length of service_____________________________________________
(17) Dismissal pay on dismissal for incompetence— same amount as
for dismissal for retrenchment or reorganization____________
(18) Dismissal pay on dismissal for incompetence— service require
ment higher and maximum allowance less than dismissal for
retrenchment or reorganization____________________________
(19) Dismissal pay in event employee is permanently disabled_____
(20) Dismissal pay to veterans disabled during military service or to
their beneficiaries in case of death in service_________________
(21) Dismissal pay paid to heirs if employee dies--------------------------(22) Dismissal pay on death to heirs of employees ineligible for
group life insurance_______________________________________
(23) Dismissal pay given when employee voluntarily retires or is
retired after 25 years’ service______________________________
(24) Dismissal pay on retirement for age or disability exceeds dis
missal allowance granted for other reasons-------------------------(25) Dismissal pay or monthly pension at employer’s option on vol
untary retirement_________________________________________
(26) Dismissal pay to employees requested to resign----------------------(27) Dismissal pay as inducement to resign or if terminated for in
ability to perform job, or laid off for lack of work__________
(28) Employee option to accept job in locality, or dismissal pay.
No payment if he rejects job in same plant_________________
(29) Dismissal pay allowed if employee transferred to another unit
of parent organization_____________________________________
(30) Dismissal pay allowed if employee transferred to other opera
tions at a lower rate of pay________________________________
(31) Dismissal for failure to maintain union membership forfeits
right to dismissal pay_____________________________________
(32) No dismissal pay if employee dismissed for dishonesty or, gross
misconduct_______________________________________________
(33) Dismissal pay forfeited if employee discharged for specified
causes____________________________________________________
(34) Dismissal pay not granted if employee provokes discharge____
(35) No dismissal pay to employees guilty of unexcused absences__
(36) No dismissal pay in event of death___________________________
(37) No dismissal pay to employees quitting voluntarily, on leave of
absence, or retiring with pension___________________________
(38) Part-time workers to receive pro rata dismissal pay__________
(39) Temporary employees to receive dismissal pay_______________
(40) Temporary or part-time workers not to receive dismissal pay_ _
(41) No dismissal pay to temporary or casual employees or for tem
porary suspensions of work________________________________
(42) Dismissal pay for discharged workers at discretion of manage
ment_____________________________________________________
(43) Dismissal pay for reasons other than lay-off or retirement with
out pension at company’s discretion_________

40
41

41
41
41
41
41
42
42
42
42
42
43
43
43
43
43
43
44
44
44
44
44
44
44
44
44
45

IN D EX

Computation of dismissal pay:
Method of calculation:
C la u se

Page

(44) Uniform plan: 2 weeks’ dismissal pay to all employees with at
least 1 year’s service______________________________________
(45) Uniform plan: 2 weeks’ dismissal pay to all employees; no
service requirements_______________________________________
(46) Uniform plan: 2 percent of base pay for 1 year; pro rata for
employees with less than 1year’sservice____________________
(47) Graduated plan: uniform ratio of dismissal payments; 1 week
for each year of service; nomaximum__________________
(48) Graduated plan: uniform ratio of dismissal payments; 1 week
for each 30 weeks’ service; maximum stated as number of
weeks’ pay________________________________________________
(49) Graduated plan: uniform ratio of dismissal payment; l 1^ weeks
for each 6 months’ service; maximum stated as monetary su n u
(50) Graduated plan: uniform rates of dismissal payments. Maxi
mum allowance less for some types of dismissals than for
others____________________________________________________
(51) Graduated plan: uniform ratio of dismissal payments; fixed
amount for each year of service regardless of wage rate. No
maximum stated__________________________________________
(52) Graduated plan: 6 weeks’ pay after 6 months’ service; 12
weeks after 1 year. Pay limited to regular situation holders- (53) Graduated plan: ratio of dismissal pay to service progressively
raised as years of service increase. No maximum specified-(54) Amount of dismissal pay specified but company may make
additional payments on individual basis____________________
(55) Dismissal compensation determined by service year groupings;
no ceiling on payments____________________________________
Definition of basis of payment:
(56) Dismissal pay based on highest rate received during employ
ment with company_______________________________________
(57) Dismissal pay based on highest weekly rate received during the
previous 6 months________________________________________
(58) Dismissal pay based on highest regular weekly salary received
during previous 2 years____________________________________
(59) Dismissal pay based on average weekly salary, including bonus(60) Dismissal pay based on rate at time of termination including
shift bonus and meal allowance. Rate proportionate to
reduced hours if on part time______________________________
(61) Dismissal pay based on average weekly salary, excluding
bonuses___________________________________________________
(62) Dismissal pay basis for weekly-paid and commission employees
defined___________________________________________________
Deductions:
(63) Taxes deducted from dismissal pay___________________________
(64) Sick leave payments deducted_______________________________
(65) No deduction for unemployment compensation_______________
(66) Legal dismissal payments, but not unemployment compensa
tion, deducted____________________________________________
(67) Unemployment compensation deducted______________________
(68) Legal costs and other expenses deducted from amount paid
employee’s beneficiaries____________________________________

46
46
46
46

46
46

46
47
47
47
47

48
48
48
49

49
49
49
49
49
50
50
50
50

INDEX

Computation of dismissal pay— Continued
Calculation of service for dismissal pay:
C la u se

(69) Service for determining amount of dismissal pay includes mili
tary service leave_________________________________________
(70) Service for determining amount of dismissal pay excludes time
on leave of absence________________________________________
(71) Service for determining amount of dismissal pay excludes fur
loughs or leaves in excess of 1 year_________________________
Time and method of payment:
(72) Dismissal compensation paid in lump sum____________________
(73) Company option of paying dismissal allowance as lump sum or
in monthly installments___________________________________
(74) Employee option of receiving dismissal pay as lump sum or in
monthly installments______________________________________
(75) Dismissal allowance paid in weekly installments to employees
retiring because of illness or old age; lump sum to other
employees_________________________________________________
(76) Dismissal allowance paid in weekly installments at rate of
one-third of a week’s pay per week of lay-off_______________
(77) Allowance payable immediately upon separation______________
(78) Waiting period of 13 weeks or after social security benefits paid
unless employee requests payment upon termination. Pay
ment terminates employment relation______________________
Reemployment provisions:
(79) Reemployment preference to dismissed employees who have
received dismissal pay_____________________________________
(80) Employee option of accepting dismissal pay or being transferred
to furlough list____________________________________________
(81) Employee option of accepting dismissal pay or transfer to
another plant of company_________________________________
(82) Displaced employees given reemployment preference if dismissal
pay not accepted__________________________________________
(83) Employee choosing dismissal pay option during first year of
furlough loses employee status_____________________________
(84) Worker reemployed after accepting dismissal pay loses credit
for previous seniority-----------------(85) Deduction for previous period of service for which dismissal
compensation was paid____________________________________
(86) Deduction for previous dismissal payments if again laid off___
(87) One-year waiting period before reemployed worker eligible for
another dismissal payment________________________________
(88) Partial repayment in installments of excess dismissal allowance
upon reemployment_______________________________________
(89) Original service record restored if repayments of excess dis
missal pay made on reemployment_________________________

P age

50
50
50
51
51
51

51
51
52

53
53
53
53
53
54
54
54
54
54
54

Full text of Collective Bargaining Provisions : Discharge, Discipline, and Quits ; Dismissal Pay Provisions : Bulletin of the United States Bureau of Labor Statistics, No. 908-05

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