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COLLECTIVE BARGAINING PROVISION S
Grievance and Arbitration Provisions
Bulletin 908-16
UNITED STATES DEPARTM ENT OF LABOR
Maurice J. Tobin, Secretary
BUREAU OF LABO R S T A T IST IC S
Ewan Clague,
Commissioner
For sale by the Superintendent o f Documents, U. S. Government Printing Office
Washington 25, D. C. - Price 35 cents
Letter o f Transmittal
U nited S tates D e p artm en t of L abor ,
B ureau of L abor S t a t is t ic s ,
Washington, D. C.t April 5, 1950.
The S ecretary
of
L abor :
I have the honor to transmit herewith the sixteenth bulletin in the series on
collective bargaining provisions. The bulletin deals with adjustment o f griev
ances and arbitration, and is based on an examination of collective bargaining
agreements on file in the Bureau. This bulletin was prepared in the Bureau’s
Division o f Industrial Relations by and under the direction of Abraham Weiss
and by James C. Nix.
E w a n C lague , Commissioner.
H on . M aurice J. T obin ,
n
Secretary o f Labor.
Preface
As early as 1902 the Bureau o f 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 bitu
minous-coal mining agreement o f 1902 between the Associations of Coal
Mine Operators o f 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 o f those agreements in fu ll 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.” Similar annual bulletins were published in 1926,
1927, and 1928. These bulletins analyzed only outstanding agree
ments affecting certain industries and certain skilled crafts in which
collective bargaining has follow ed 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 follow ing the
enactment o f the National Labor Relations A ct in 1935. The growth
in trade-union 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 o f collective agreements covering industries hitherto not
included under collective bargaining, but also extended the scope and
area o f bargaining in individual industries. In recognition o f this
development, the Bureau’s 1942 report on union agreements (Bulletin
No. 686) dealt with provisions and clauses on particular labor-man
agement problems rather than with the agreements o f each union or
industry 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 o f the normal processes o f collective
bargaining but o f the decisions o f the National W ar Labor Board.
New problems meant new clauses and new provisions. The Board also
gave added impetus to certain forms o f union security, and to certain
practices, now deeply imbedded in the entire field o f labor-manage
ment relations.
m
IV
PREFACE
The liquidation o f the Board, and the renewal o f emphasis on free
collective bargaining after VJ-day, led to a tremendous increase in the
demand fo r information on specific current provisions in agreements.
Urgent 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. It was
largely in response to these requests that the Bureau o f Labor Statis
tics undertook to revise and bring up, to date the material on union
agreements.
In this revision two significant departures have been made: (1)
Accumulation o f data has made possible the use o f a larger sample
than was possible heretofore. (2) The information w ill be presented
in a series o f small bulletins, each stressing a m ajor area or significant
problem o f collective bargaining. This will permit the material for
each m ajor problem to be published as rapidly as finished without wait
ing until all o f the subjects o f collective bargaining are analyzed. It
w ill have the advantage o f greater flexibility in handling specific re
quests 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 oc
casional revision, whereas others undergo rather rapid change. Also,
as new issues develop it w ill 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 provi
sions. The clauses are presented, not as models, but as a source o f
reference fo r those who participate in collective bargaining negotia
tions, by making available to them a wide variety o f provisions on the
specific subjects under consideration. An 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 the adjustment o f grievances and arbitra
tion provisions, is the sixteenth in this Collective Bargaining Provi
sions series. The bulletins already published are as follow s:
No. 908
Union Security Provisions.
No. 908-2 Vacations; Holidays and Week-end W ork.
No. 908-3 Incentive Wage Provisions; Time Studies and
Standards o f Production.
No. 908-4 Apprentices and Learners.
No. 908-5 Discharge, Discipline, and Quits; Dismissal Pay
Provisions.
No. 908-6 Leave o f Absence; M ilitary Service Leave.
PREFACE
No. 908-7
No. 908-8
No. 908-9
No. 908-10
No. 908-11
No. 908-12
No. 908-13
No. 908-14
No. 908-15
V
Promotion, Transfer, and Assignment; Lay-Off,
W ork-Sharing, and Reemployment.
General Wage Provisions.
Wage Adjustment Plans.
Union-Management Cooperation, Plant Efficiency,
and Technological Change.
Seniority.
Union and Management Functions, Rights, and Re
sponsibilities.
Strikes and Lock-Outs; Contract Enforcement.
Safety, Health, and Sanitation.
Guaranteed Employment and Wage Plans.
Contents
Page
Introduction___________ __________________________ _________ ___-________
Adjustment of grievances:
General provisions: Clauses 1-13___________________________________
Definition of grievance: Clauses 14-44______________________________
Presentation of grievance: Clauses 45-59___________________________
Restrictions on presentation of grievances: Clauses 60-63______
Adjustment of grievances by employer with individual employees:
Clauses 64-79_______________________________________________
Written record of grievances: Clauses 80-96________________________
Steps of grievance procedures: Clauses 97-122______________________
Timelimits: Clauses 123-153____________ __________________________
Retroactive adjustments: Clauses 154-167__________________________
Grievance representatives____________
Number: Clauses 168-198_____________________________________
Selection and qualifications: Clauses 199-227___________________
Duties and restrictions: Clauses 228-264_______________________
Special protection and privileges: Clauses 265-282______________
Time and pay allowances for handling grievances: Clauses
283-332______________
Pay for time spent negotiating agreement: Clauses 333-335____
Nonemployee union participation in grievance adjustment: Clauses
336-356_ .................
Union-management grievance committees: Clauses 357-362_________
Meetings between management and union grievance committee:
Clauses 363-372_________________________________________________
Mediation: Clauses 373-381________________________________________
Arbitration_____________________________________________________________
Referral to arbitration: Clauses 1-13_______________________________
Arbitrable issues and authority of arbitrator: Clauses 14-50________
Formulation of issues: Clauses 5 1 -5 6 --------------------------------------Composition of arbitration agency and selection of arbitrator_______
Ad hoc single arbitrator: Clauses 57-66________________________
Ad hoc board of arbitration: Clauses 67-86____________________
Option of single arbitrator or board: Clauses 87-91_____________
Permanent arbitration: Clauses 92-105________________________
Qualifications of an arbitrator: Clauses 106-111________________
Procedural rules and regulations: Clauses 112-146__________________
Time limits on arbitration procedure: Clauses 147-162--------------------Cost of arbitration: Clauses 163-184_______________________________
The award and its enforcement: Clauses 185-214__________ ________
Retroactivity of award: Clauses 215-221___________________________
Index_______ . . . . . ___ _____________ ___________________________ ________
VII
1
5
7
12
15
16
18
22
29
35
37
37
43
47
55
58
70
70
74
77
78
81
84
87
95
96
98
100
105
106
110
111
117
119
123
128
130
Bulletin
908-16 o f the
United States Bureau o f Labor Statistics
Collective Bargaining Provisions
Grievance and Arbitration Provisions
Introduction
In the day-to-day operations o f a plant, involving hundreds and
sometimes thousands o f workers, problems are bound to arise which
affect labor-management relations and the application or interpreta
tion o f the terms o f the union agreement. They may deal with the
procedure o f making time studies, the assignment o f jobs, disciplinary
action, the fairness o f transfers and promotions, and other matters
involving individual workers or groups and whole departments.
Sometimes situations develop which were not foreseen when the agree
ment was negotiated and for which the agreement has made no pro
vision ; occasionally the terms themselves are ambiguous. There are,
in fact, few matters contained in labor agreements, and few aspects
o f the employer-employee relationship which may not, at one time or
another, provide the basis for a controversy.
Because o f the wide range o f potential misunderstandings, prac
tically all collective bargaining agreements set up some sort o f griev
ance adjustment machinery to insure smooth and uninterrupted opera
tions o f the plant under the agreement. The grievance machinery
exists to interpret and apply the agreement clauses and give realistic
and practical significance to many o f its provisions. It is the medium
through which employees may protest any alleged or real injustices
caused by management in exercising its functions.
The grievance machinery has variable functions, depending on the
scope and limitations on its use prescribed in the agreement. Its func
tion may be restricted to fact finding in those instances where the
dispute centers about the presence or absence o f certain facts. Was
the discharge for a justified cause? Is an employee qualified to fill
a certain position? Was the job done in a workmanlike manner?
It may have a judicial or interpretive function particularly when
the dispute arises from the agreement itself and involves the inter
pretation, application, or enforcement o f the agreement terms. Does
1
2
COLLECTIVE BARGAINING PROVISIONS
the seniority clause provide for plant-wide, or departmental seniority?
When overtime is permitted “ in an emergency,” do rush orders con
stitute emergencies? The line between fact finding and interpreta
tion is not always clear and, even where clear, both aspects may be
involved in a dispute.
Insofar as the grievance procedure results in the creation o f rules
and regulations to cover a situation not foreseen by the parties at the
time the agreement was negotiated, its function is also legislative or
law-creating. There is a legislative implication in the joint prepara
tion o f rules and regulations which are provided for in some agree
ments, to implement and make workable certain provisions accepted
in principle by both parties, but not sufficiently amplified for
application.
Grievance procedures are essentially devices for maintaining peace
and orderly operations in the plant. They constitute explicit recog
nition by labor and management o f the need for replacing unrest and
dissatisfaction, which may arise during the life o f the contract, with
an agreed-upon framework for handling and disposing o f problems
arising in the day-to-day relationships between the management and
workers.
As experience in most plants has proven, the most important ele
ment in the successful adjustment o f plant problems is a wholesome
attitude o f the parties to the agreement and to each other—good faith
and confidence in each other, a cooperative spirit, and mutual respect.
Nevertheless, the procedure itself is an important factor in the main
tenance o f harmonious relations and a safeguard against possible
work disruptions. A good procedure promotes the development o f
good relations even though it does not in itself insure successful
adjustment. A poor procedure is a stumbling block in the way o f
good relations, since it focuses disagreement over the procedure itself
rather than over the problem.
The method o f using the procedure is that o f presenting an issue to
successively higher levels o f management until it is adjusted, is
referred to arbitration, or settled by some other means. It is under
stood, or explicitly stated, that strikes and lock-outs are to be used
only after all other steps provided fo r the adjustment o f the dispute
have failed.
Except fo r a few industries or trades which have developed their
own unique practices, there exists a basic pattern underlying the pro
cedure for adjusting disputes in most plants.
The first stage in the adjustment process is the crystallization o f a
specific grievance and its presentation to a representative o f the em
ployer. There are several alternative methods by which the com
plaint may be presented—by the aggrieved worker himself, by a union
INTRODUCTION
3
representative working in the plant who has this specific assignment,
or by a union representative not employed in the plant, as for example,
the union business agent. The first-stage representative o f the com
pany in almost every case is the foreman.
The second stage, if the complaint has not been satisfactorily
adjusted in the first instance, consists o f one or more negotiations on
the part o f union representatives with successively higher levels o f
management. In those agreements made between a union and an asso
ciation o f employers, rather than an individual company, the hier
archy o f appeals usually includes negotiations with officers o f the
association.
A succeeding stage is mediation. Some agreements provide that
on the failure o f the parties to reach a settlement by direct negotia
tions, an outside agency, such as the Federal Mediation and Concilia
tion Service, shall be requested to mediate the dispute.
The last stage is arbitration by an impartial arbitrator or arbitrators
(or a bipartisan board with an impartial chairman) .1
Depending upon the character o f the industry, as well as the bar
gaining tradition o f the union, appeal o f a foreman’s decision on a
grievance to the higher company officials may be handled by the
officers o f the local union with or without the active participation o f
regional or international union officers in the final stages o f negotia
tions. Locals organized on a city-wide basis, or including many
small shops or work places in a given area, ordinarily settle their
grievances without reference to their international officers, the business
agents dealing with the designated officials of the companies.
On the other hand, unions bargaining with large industrial cor
porations often delegate the higher stages o f grievance appeals to their
regional or international representatives in order to take advantage
o f the more skillful bargaining ability o f the higher union officials.
Also, when a grievance case reaches the highest company officials, the
decision may involve an important principle of-union-management
relations, applicable to more locals than the one originally involved
in the dispute.
The employee’s immediate supervisor is ordinarily the first repre
sentative o f management to whom a grievance is presented. In small
establishments, the owner himself may handle the initial com plaint;
in large individual concerns the foreman, the department superin
tendent, division superintendent, and the plant manager may take
their turn in dealing with the union. Personal or labor relations offi
cers, where these are employed, usually take an active part when appeal
is taken beyond the foreman, although in some instances the personnel
1 See p. 81, A rbitration.
4
COLLECTIVE BARGAINING PROVISIONS
officer is involved only after negotiations with the departmental
officials have failed to secure a settlement.
In a number o f industries, agreements are made with associations
o f employers which are city-wide, regional, or Nation-wide in scope.
Although these associations at times serve solely for the purpose o f
negotiating new agreements, they may also act as enforcement agencies,
in which case the association officials help to settle disputes which
arise between the union and any employer who is a member o f the
association.
Establishment o f any grievance procedure entails agreement on the
follow ing basic points:
1. Definition o f grievance.— Some contracts open the machinery to
any dispute, while others lim it it to interpretations and applications
o f the agreement.
2. Representation on grievances.—This includes the step in the pro
cedure at which the employee may call on the union to represent him,
the manner o f initiating a grievance, the method o f selecting repre
sentatives, the functions o f such representatives, limitations on the
number o f union representatives who are permitted to handle griev
ances, limitations on their activity, special protection and privileges
fo r representatives, and compensation for grievance work.
3. Appeals procedure.—This includes the establishment o f the pro
cedures to be follow ed in case the grievance is not disposed o f at the
first instance; identification o f the union and management representa
tives involved in each step; and the setting o f time limits at the various
steps, including a limitation o f the retroactive date beyond which
grievance adjustments shall be inapplicable.
4. Arbitration.—Included are definitions o f the scope o f arbitration,
which is sometimes narrower than the area covered by the rest o f the
grievance machinery; the method o f invoking arbitration; the selec
tion o f the arbitrator; reference to a permanent arbitrator i f the
parties agree to have one; the rules o f arbitration procedure; and the
expenses o f arbitration.
Adjustment of Grievances
GENERAL PROVISIONS
Grievance procedures are often prefaced by a mutual union-manage
ment pledge not to use any means other than the grievance and
arbitration procedure for the settlement o f disputes; if arbitration
is not provided by the agreement, the parties may pledge to refrain
from strikes and lock-outs until the grievance procedure has
been exhausted (see also Bulletin No. 908-13: Strikes and Lock-Outs;
Contract Enforcem ent). The parties may also promise to keep the
procedure free o f unmeritorious grievances, to cooperate in prompt
handling o f grievances, and to furnish all information necessary to
the understanding o f grievances. Employer discrimination against
employees who present grievances is frequently prohibited.
Grievance settlements arrived at by union and management repre
sentatives through the grievance procedure are usually binding on all
parties concerned, although some agreements specify that a settlement
is not binding if it is contrary to the terms o f the agreement.
A few agreements require the employer and union to prepare jointly
a manual for the guidance o f their respective representatives in the
correct handling o f grievances.
1. Neither Party To Use Any Means Other Than Grievance Procedure To Settle
Disputes
Inasmuch as a grievance procedure has been provided for, neither the
company nor the union win use any other means to settle a dispute or grievance.
2. Parties To Attempt To Adjust Disputes by Negotiation Rather Them Resort to
Arbitration
It is the intent o f both parties to adjust all matters that may be in dispute,
during the life of this agreement, by direct negotiations between the parties
and/or between the representatives o f the union and the representatives of
the association, rather than resorting to arbitration by outside persons.
3. No Strike or Lock-Out Pending Exhaustion o f Grievance Procedure
There shaU be no deliberate slow-down or stoppage o f work including strikes
or lock-outs until the grievance procedure herein provided fo r has been com
pletely exhausted.4
4. Employer To Furnish All Information Necessary to Understanding of
Grievances; Employees and Their Representatives To Cooperate in Prompt
Handling of Grievances
In all cases of grievances presented under article — the company will furnish
to the representative o f the employe and/or board of review, all information
in its possession necessary to a fuU understanding o f the subject matter o f the
5
6
COLLECTIVE BARGAINING PROVISIONS
complaint, and in like manner the employes and their representatives will
cooperate with the company to facilitate the prompt handling of grievances
under this article.
5. Employer To Cooperate With Union m Investigation o f Grievances
The company recognizes the right of the union to investigate the circum
stances surrounding any grievance, and agrees to cooperate with the union in
such investigations.
6. Time-Study Data Made Available in Adjusting Grievances Involving R ates;
Union Representative May Observe Retiming of Job
In the case of grievances regarding rates the time study or calculation sheet,
or the standard rate data, shall be produced for the examination o f the aggrieved
party, or the department steward, or the grievance committee, in step 2 or
step 3 of the grievance procedure, as outlined in article X of this contract. In
order to assist in the settlement of such a grievance the union incentive plan
committee may be asked to provide an observer for the restudying and retiming
o f the job on which the grievance is based.
7. Joint Pledge To Keep Procedure Free of Unmeritorious Grievances
The parties shall make a sincere and determined effort to settle meritorious
grievances in the voluntary steps of the grievance procedure and to keep the
procedure free of unmeritorious grievances.
8. No Discrimination Against Employee Because of Presentation of Grievance
No employee shall be discriminated against by reason of making a complaint
or filing a grievance asserting any violation o f this agreement.
9. Settlement at Any Stage of Procedure Final and Binding on All Parties
When a settlement is arrived at, at any stage of these procedures, such a
decision shall be final and binding on all parties.
10. Settlement Between Plant Committee and Employer Not Binding if Contrary
to Terms of Agreement
No agreement or understanding entered into between the plant committee and
the employer shall be binding or enforceable if contrary to the terms and pro
visions o f this agreement.
11. Decision on Any Grievance Not To B e a Binding Precedent for Other
Grievances
A final decision made at any step shall apply to that grievance only and shall
not become binding precedent in handling other grievances.
12. Cases Pending at Last Step of Grievance Procedure To Be Settled Regardless
of Termination of Agreement
It is agreed that in the event of the termination o f this agreement while any
case appealed to the joint relations board [last step of grievance procedure]
is pending, the board shall conclude the case and its decision shall be binding
on the parties, notwithstanding the termination of the agreement prior to such
decision.
13. Company and Union To Prepare Jointly a Manual on Correct Handling of
Grievances
The union and the company, jointly, will prepare a manual on the correct
handling o f grievance matters for distribution to those handling such matters.
7
aim u st .m k x t of g u ik vax c es
This immiial. ainoiur other iliinjr*. will cover the following points: (1 ) organiza
tion o f the grievance smieinro. with emphasis on the |>ersons responsible for
liamlling grievances at each level, the limits of (heir authority, etc.; (2 ) recog
nition of grievances, difference between real grievam*es and oilier matters which
do not belong in the grievance structure: and <:»i steps in
a real
grievance, detailed from the tin e the grievance originates until it is disposed
o f at the third level.
processing
DITIM TIOX OF GRIEVANCE
\That matters may be taken ii|> ti."ouglt the grievance procedure!
Some agreements carefully provide a boundary-line definition of what
is to lie regarded as a grievance; others note without elaboration that
any “grievance** or “complaint** may be taken up.
The usual form of boundary-line delinition limits use of the pro
cedure to either 11) matters under the agreement. (2) matters of in
terpretation or application of the agreement, or (3) matters of wages,
hours, or working conditions, or any combination of the three.
Many com raets, on the other hand, do not-clearly detine nor enumer
ate those actions which are to be regarded as grievances, but rather,
in a general ami loose clause, discuss the manner in which ••grievances”
should he >etlled.
Grievance* subject: to the grievance procedure have generally been
limit ed to the interpretation and application of the agreement between
the parties. Implicit in moM agreements and explicitly expressed in
some is ihe undcrHanding that disputes involving changes in contract
provisions are not Mibject to the grievance procedure: the procedure
applies solely to matters arising under and within the framework of
the agreement.
Specific issue?!—both wage and nonwage in character—are often
named as subject to t he grievance procedure. I Deluded are such issues
as di>ciplinary action and discharge: rates on new jobs; the setting of
rates for piece-rate or incentive workers: retiming and rerating incen
tive rate*; claims of wage inequalities; equal pay for equal work; job
classification: work load disputes: increases under a merit or auto
matic wage progression plan: the application of seniority to promo
tion. transfer, lay-off, and recall to work: everyday working conditions
and rules: etc.
Among the types of disputes specifically excluded from the griev
ance procedure are those involving changes in agreement terms
(amendment or modification of the contract), general wage changes,
discharge of probationary employees, promotions to supervisory
positions, and certain management functions.
Clau*os defining grievances sometimes make a distinction between
those involving the union as Mich ami those involving individual
employees. The procedures for handling these two categories of
8
COLLECTIVE BARGAINING PROVISIONS
grievances are sometimes
Procedures, p. 22).
different.
(See
Steps
of
Grievance
14. Grievance Is Any Dispute Between Employer and Employee or Union
Any dispute, disagreement, or difference arising between any employee or the
union and the company may be presented as a grievance.
15. Any Dispute Regarding Meaning or Application of Agreement
Any dispute as to the meaning or application of any provision of this agreement
shall constitute a grievance.
16. Any Dispute Regarding Interpretation, Application, or Violation of Agreement
Should any grievances arise over the interpretation, application, or alleged
violation of any of the provisions of this agreement, the grievances shall be
processed by the following grievance procedure.
17. Any Difference Between Employer and Employee•Involving Interpretation
or Application of Agreement or Any Matter Directly Affecting Employee's
Hours, Wages, or Working Conditions
A grievance is defined to be any difference between the employer and any
employee or employees covered by this agreement as to any matter involving the
interpretation or application of any provision of this agreement, or any matter
directly affecting the employee in respect to hours o f work, wages, or working
conditions.
18. Any Dispute Between Company and Union, Involving Hours, Wages, and
Working Conditions.
A grievance is defined
be any controversy, dispute, or difference between the
company and the union, involving hours of labor, wages, and working conditions.
19. Any Matter of Dissatisfaction Which Does Not Involve the Relationship
Between Company and Employees in General, or a Modification o f the
Contract
As used in this contract, the word “ grievance” means any matter o f dissatisfac
tion on the part of an employee or employees or the company which does not
involve the relationship between the company and employees in general or does
not involve a modification of this contract.
20. Matters Not Specifically Covered by Agreement Subject to Grievance
Procedure
All disputes and grievances which arise under this agreement as well as those
on matters not specifically covered by this agreement shall be promptly and
peaceably settled and resolved as follow s:
21. Any Complaint Which Employee and Foreman Cannot Settle Constitutes a
Grievance
Any employee who has a complaint may discuss the alleged complaint with his
foreman in an attempt to settle it. Any complaint not so settled shall constitute
a grievance within the meaning o f this article, “Adjustment o f Grievances.”
22. Grievances Include Local Trouble of Any Kind in the Plant
Should differences arise between the company and the union, or its members
employed by the company, or should any local trouble of any kind arise in the
plant, such grievance shall be reported by the employee or the union directly to
the foreman in charge,
ADJUSTMENT OF GRIEVANCES
9
23. Conditions Which Committeeman Believes Will Give Rise to Grievances May
Be Brought Up Through Grievance Procedure
All disputes involving compliance with or interpretation of, or application of
this contract, and complaints or grievances arising between employees and
representatives o f the company, including conditions which a grievance com
mitteeman certifies, in his judgment, will give rise to a grievance, hereinafter
referred to as an anticipatory grievance, shall be handled in the following manner.
24. Disputes Regarding Wages, Hourst Working Conditions, Lay-Offs, or Dis
charges Subject to Grievance Procedure
Whenever any dispute or misunderstanding arises as to wages, hours, working
conditions, lay-offs, or discharges of individual employees affected by this agree
ment, such disputes or misunderstanding shall be considered as grievances and
shall be handled in the following manner.
25. Hours, Wages, Piece Rates, and Vacations Subject to Grievance Procedure
Hours of work, wages, piece rates, vacations with pay shall be subject to the
regular grievance procedure.
26. Discharge or Suspension Subject to Grievance Procedure
In the event an employee shall be discharged or suspended by the company, and
he believes he has been unjustly dealt with, such discharge or suspension shall
constitute a grievance.
27. Interpretation or Violation of Shop Rules Subject to Grievance Procedure
A grievance is defined to be any difference that may arise between the parties
hereto, or between the company and an employee covered by this agreement as t o :
(a) Any matter relative to wages, hours of work, or working conditions
not covered by this agreement.
( b) Any matter involving the interpretation or violation of any o f the
provisions of this agreement.
(c) Any matter involving the interpretation or violation of shop rules and
regulations.
28. Transfer and Promotion Subject to Grievance Procedure
Each plant shall prepare at monthly intervals and have available a list of
transfers and promotions o f employees to whom this agreement applies, working
in that plant. Any complaints arising from any such transfer or promotion shall
be handled in the manner hereinabove set forth for the settlement of complaints.
29. Promotion, Rehiring, and Lay-Off Subject to Grievance Procedure
It the union does not agree on an employee or employees to be promoted, re
hired, or laid off, these cases to be submitted to the joint grievance committee.
30. Inequalities in Rates Subject to Grievance Procedure; President of Company
and District Director of Union To Attempt Personally To Adjust Rate
Grievance B efore Invoking Arbitration
It is agreed that any claim of alleged inequalities as to day rates, base rates,
or piecework rates, prevailing between comparable individual jobs in the plant
that may arise from changes and conditions in the plant, occurring subsequent to
the date o f this agreement shall be considered a request for a rate review which
shall be subject to the grievance procedure. Before arbitration is invoked in
the settlement of such a rate grievance, an effort shall be made between the presi-
868744°—50---- %
10
COLLECTIVE BARGAINING PROVISIONS
dent o f the company, or his designated representative, and the district director
o f the union, or his designated representative, to personally reconcile such issue.
31. Established Piece Rates Subject to Grievance Procedure
Either the union or the employer may institute a grievance concerning any
established piece rate.
32. Work Load Assignments Subject to Grievance Procedure
The union or any employee aggrieved by an action taken by the company under
section — hereof (Work Load Assignments) may file a grievance in the same
manner as outlined in paragraph — of this section, within ten (10) days o f the
expiration of the test or trial period. A copy o f said grievance shall be served
upon the company and if served at least 48 hours prior to the next regular
grievance discussion day shall be handled on that date.
33. Disputes Regarding Coercion o f Employees Into Union Membership or Loss of
Good Standing in Union A re Subject to Grievance Procedure
The union agrees that neither it nor any of its officers or members will intimi
date or coerce employees into membership in the union. I f any dispute arises
(as to whether there has been any violation o f this pledge or whether any em
ployee affected by this clause has been deprived o f good standing in any way
contrary to the constitution and bylaws o f the union), the dispute shall be re
garded as a grievance and submitted to the grievance procedure provided by this
contract. The decision finally rendered shall be binding upon the union, the
employee, and the company.
34. Employee and Union Grievances Defined. Question of Whether a Particular
Dispute Is a Grievance May Be Determined Through Grievance Procedure
1. A grievance of employee shall be a claim, as to named employees, either
(a ) that a specified provision of this contract has been violated as to them
by the management to their detriment or disadvantage, or
(b) that the management has interpreted and applied a specified provision
o f this contract erroneously, arbitrarily, or unfairly to their detriment or
disadvantage, or
(c) that they have been discriminated against or treated unfairly or arbi
trarily by the management by any action taken in the exercise of any o f its
rights or powers, or
(d) that the reason for the discharge, release, suspension, lay-off or relief
from duty of any employee is insufficient or unreasonable.
2. A grievance of the union shall consist o f a claim or charge by the union that,
to the prejudice o f the union, a specified provision of this contract, involving the
status, right, privileges, or duties of the union as an organization, has been either
(a) violated by the management, or (b) erroneously or arbitrarily interpreted
and applied by the management.
3. Changes in general business practice, the manner o f operating units o f the
business, the control and direction of working forces, the selection o f personnel
(subject, however, to the specific provisions as to seniority and for the various
preferences), the performance of the ------ company’s public obligations as a
regulated public utility, and other business and operating questions, shall not
give rise to a grievance o f employees or of the union, except under circumstances
which bring them within the scope o f subparagraphs (1) or (2) above.
4. I f a question arises as to whether or not a particular claim of grievance is
a grievance defined in this article, the question may be taken up through the
grievance procedures herein provided for, and may be submitted to a board of
review and to arbitration if need be, at the instance o f either party.
ADJUSTMENT OF GRIEVANCES
11
S5. Grievances Divided Into General Plant Grievances and Individual or Group
Grievances
Grievances are divided into two kinds: General plant grievances and individual
or group grievances.
A. A general plant grievance is one that affects all or substantially all employees
in the plant, or one that affects the company, its supervisory personnel, or its
production.
B. Any other grievance shall be treated as an individual or group grievance.
36. Association Agreement: Disputes Between Union and Association, or Their
Members, Subject to Grievance Procedure
All complaints, disputes, or grievances arising between the parties hereto in
volving questions of interpretation or application of any clause of this agreement,
or any acts, conduct, or relations between the parties hereto, or their respective
members, directly or indirectly, shall be submitted in writing by the party hereto
claiming to be aggrieved to the other party hereto.
37. Term “ Grievance” To Be Broadly Construed
The word “ grievance” shall, for the purposes o f this section, be broadly con
strued. Any discharge is a grievance.
38. Grievance Machinery May Not B e Used To Revise the Agreement
A grievance is defined to be any controversy between the parties or between
the company and employees covered by this agreement (1) as to any matter relat
ing to working conditions or wage rates, not specifically covered by this agree
ment; and (2) any matter involving the interpretation, application, or violation
of any provision of this agreement. The grievance machinery may not be used
to obtain a revision of, or addition to, the existing contract.
39. General Subject of Wages, Hours, and Working Conditions Not To B e Considsidered a Grievance
General subject o f wages, hours, and working conditions shall not be the basis
for grievance within the meaning hereof.
40. General Subject of Wages, Hours, and Working Conditions Not a Grievance
Except So Far As Application Makes I t a Matter of Direct Concern to
Individuals
Any individual employee or group o f employees shall have the right at any
time to present complaints to the company. The general subject o f wages, hours,
and working conditions, so far as covered by this agreement, shall not be consid
ered a complaint within the meaning hereof except so far as the applicability
thereof to a particular case may make it a matter of direct individual concern
to the employee or employees asserting the same.
41. Exclusion of Contract Changes and General Wage Changes
A grievance, within the meaning of the grievance procedure, shall consist only
of disputes about the interpretation and application of particular clauses in this
contract, about alleged violations of this contract, unjust discharges and suspen
sions from work, and shall not include negotiations as to changes in the contract
or negotiations concerning general changes in wages.
42. Exclusion of Specified Management Functions
Those matters, which under the general descriptive title of grievances, are
subject to the adjustment procedure including arbitration, provided by this article,
are the following:
12
COLLECTIVE BARGAINING PROVISIONS
Such disputes or differences which arise out of any question relating to the
interpretation, application, performance or breach of this agreement, but shall
not include any matters of general management questions, management policy,
business methods, processing, installations and use of machinery and equipment,
increase and decrease o f working force, promotions, transfers, demotions, limita
tions o f any kind or nature on decisions or practices o f the company having any
bearing whatever on questions of its products, or claims o f improper discipline
or discharge, except as provided in article — (Discharges) hereof.
43. Discipline for Intoxication or Disobedience of Safety Rules Not Subject to
Grievance Procedure, Except as to the Fact
It is agreed that discharge, suspension, or disciplining o f any employee for
intoxication or wilful disobedience of safety laws, State mining laws, or safety
rules and regulations promulgated by the company shall not be the subject o f a
grievance, except as to the fact.
44. Discipline or Discharge During First 80 Days of Employment Not Subject to
Grievance Procedure
During the first thirty (30) days’ employment, no new employee shall have
recourse to the grievance machinery o f this agreement in the event of discipline
or discharge by the employer. The period of the first six (6) months shall be a
probationary period, during which time such new employees will be released if
found unsuitable. This may constitute a case arising under the grievance
procedure.
PRESENTATION O F GRIEVANCE
There is a sharp difference o f opinion over the employee’s right to
initiate his complaint personally, without union participation at the
first step.
Unions generally prefer to have their representatives handle griev
ances from the beginning in order to insure uniform enforcement and
equitable administration o f the contract. They discourage personal
favoritism and bargaining on an individual basis between employee
and foreman. They also reason that their representatives are better
qualified to process complaints and obtain a favorable settlement, and
that the union should have an opportunity to screen complaints with
out merit, thus saving time.
On the other hand, individual employees sometimes feel that they
can make a better presentation o f their own grievances and prefer
to deal directly with their foreman. Many management officials also
prefer direct contact between employee and foreman and, therefore,
the absence o f union representatives at the first step. They agree
that management must keep its lines o f communication open to the
workers. They also maintain that settlement o f grievances, par
ticularly minor adjustments, such as pay-roll adjustments, is more
expeditious and involves fewer people if complaints are handled by
the worker himself with the foreman.
The National Labor Relations (W agner) A ct stated that any in
dividual or group o f individuals had the right to present grievances
ADJUSTMENT OF GRIEVANCES
13
to their employer. T o this right, the Labor Management Eelations
(Taft-H artley) A ct o f 1947 added the right to have such grievances
adjusted without union “ intervention” provided the settlement is not
contrary to the terms o f the collective bargaining agreement and the
union is given an opportunity to be present at the settlement.
A number o f agreements contain some specific clause on this point,
either quoting the law or using similar language. Some merely refer
to this section o f the act.
Some agreements require that the employee personally take up his
complaint with the foreman at the first step. More frequently, how
ever, he is allowed the option o f union assistance, i. e., he may be ac
companied by a union representative or have the representative present
the grievance for him. In others, the employee and the union rep
resentative are required to act together.
Some agreements stipulate that if the employee elects to have the
union handle his grievance, the employer w ill not discuss it with him
in the absence o f union representatives. A few agreements specify
that neither the union nor any other employee w ill be affected by any
settlement which an individual employee may make i f he elects to
handle his own case.
The union may usually present grievances on its own initiative,
without having received a request from individual employees, if the
grievance involves more than one employee or the union as such.
Many agreements also specify that management may initiate griev
ances against the union or individual employees. Grievances o f a
general nature and those submitted by management are often initiated
at an advanced stage o f the procedure (See Steps o f Grievance
Procedures, p. 22).
Various procedural restrictions on the presentation o f grievances
are imposed by some agreements; for instance, the number o f employ
ees who may confer with the foreman at any one time may be limited,
or the grievance may be presented only at times when it would not
interfere with production. Kepeated presentation o f the same griev
ance, after it has been settled once, may be explicitly banned.
45. Employee Presents Grievance
The employee will take up his grievance with his foreman.
46. Employee To Present Grievance Either to Foreman or Committeeman
An employee having a grievance shall present it in the first instance either to his
foreman or to his district committeeman. The district committeeman shall present
grievances referred to him to the employee’s foreman fo r negotiations and
disposition.
47. Personal Presentation o f Grievance by Employee Considered Preferable but
Employee Eas Option of Union Assistance
Any employee having a complaint shall first take up the matter with (1) shift
or department foyeip&ft of the department either personally or (2) in company
14
COLLECTIVE BARGAINING PROVISIONS
with an accredited department representative or (3) through the union’s accred
ited department representatives. Both parties agree that it is preferable that the
complaint first be taken up with the foreman personally, by the complainant.
48. Presentation by Steward
An aggrieved employee shall refer his grievance to the department steward,
who shall take it up with the foreman of the department involved, who shall give
his answer not later than the next working day.
49. Presentation by Employee and Steward
An employee with a grievance shall first bring the grievance to his department
steward. Together they shall present the grievance to the foreman, and make
every reasonable effort to effect a satisfactory informal adjustment.
50. Presentation by Employee or Steward or Both. Steward Must Be Present if
Grievance Involves Collective Bargaining Matters
All grievances of the employees shall be presented in the first instance to the
immediate supervision of the department involved by the employee, or his depart
ment steward, or both. In the event the grievance involves collective bargaining
matters the steward of the department will be called in before bargaining with
the object of settlement takes place.
51. Employee Must Be Present at Discussion of Grievance With Foreman but
May B e Accompanied by Steward
The employee who has an individual complaint shall go to his foreman. Upon
his request he may be accompanied by the departmental steward, but the employee
shall be present during the discussion o f the complaint with the foreman.
52. Employee Working Where His Steward Is Not Immediately Available May
Have Another Steward Handle Grievance
Should an employee have a grievance while engaged in company work outside
of the plant where the department steward would not be immediately available,
such grievance may be presented to or through another shop steward able and
willing to handle the grievance for him.
53. Foreman To Call Steward if Requested To Do So by Employee
An employee having a grievance may, either alone, or in company with, or
through his or her department steward, take up the grievance with the foreman
of the department. An employee who wishes to leave his work for the purpose
of presenting a grievance shall go to the foreman of his department and either
present it or request that the steward for the department be called, in which event
the foreman shall call the steward.
54. Committeeman Having Grievance in Connection With His Own Work May
Request Assistance o f Another Committeeman
Any committeeman having an individual grievance in connection with his own
work may ask for a member of the shop committee to assist him in adjusting the
grievance with the foreman.
55. Union Committee May Present Grievance on Own Initiative Without Request
From Employee
The grievance committee may present any
ment of the company at any time upon its
received any grievance from any employee.
grievance to the grievance committee at any
dispute or grievance to the manage
own initiative and without having
The management may present any
time.
ADJUSTMENT OE GEIEVANCES
15
56. Grievances of Individual Employees Presented by Employee and/or Steward
to Foreman; Union Grievances Presented by Committee to Company Rep
resentative Authorized To Settle Such Grievances
In the event that any dispute, difference, or grievance between an employee
and the company shall arise, such dispute, difference, and grievance shall be
settled in the following manner:
The employee or the shop steward or both shall present the dispute, difference,
cr grievance for adjustment to the foreman.
All disputes, differences, or grievances that may arise between the union and
the company shall be taken up between the members of the shop committee and
a representative designated by the union and a person to whom authority for the
settlement of such disputes, differences, or grievances is delegated by the company.
57. Grievances Involving One or More Departments To Be Presented to Proper
Foreman, Departmental Bead, or Superintendent
Grievance shall first be taken up by the employee or his union representative
with the employee’s immediate superior except in those cases where one or more
departments of a plant are involved, in which cases the matter may be taken up
first with the proper foreman, departmental head, or superintendent.
58. Grievance Committee To Determine Whether Grievance Has Merit Before
Submitting It
I f a majority of the shop committee feels that .the grievance has merit, it shall
be reduced to writing setting forth sufficient facts to clearly indicate the nature
of the grievance involved and the date upon which it arose.
59. Company May Initiate Grievances Against Union or Employees
It is possible that the company may likewise have grievances against the union,
some of its members, employees or groups of employees. I f the company has any
such grievances the same shall be reduced to writing and signed by an executive
officer of the company, and served upon the chairman of the shop committee.
Thereafter the shopcommittee and the company executive shall have a meeting to
discuss and adjust such grievances. I f such grievances are not adjusted, the
same may be submitted to arbitration in the same manner that employee griev
ances may be submitted to arbitration.
R estrictions
on
P resentation
of
Grievances
60. Presentation of Grievance Not To Interfere With W ork ; Permission o f Super
visor To Be Obtained if Company Time Used
Presentation of grievances by a shop committeeman shall not be carried on
during company time under any circumstances involving interference with work
or production. In every case company time shall be used for such purpose only
upon permission o f the appropriate foreman or, in his absence, the ranking su
pervisory employee in immediate supervision of the work involved.
61. Only Two Employees To Approach Foreman and For No More Than 10
Minutes
* * * to the foreman by the employee with or without his room steward.
Only two employees may approach the foreman during working hours and for
no more than ten (10) minutes. Group operations will not be interfered with.
62. Complaints Taken Up Only During Lunch Hours or A fter Working Hours
Complaints shall be taken up only during lunch hours or after working hours.
16
COLLECTIVE BARGAINING PROVISIONS
63. One Year To Elapse B efore Same Grievance Is Presented Again
Any grievance submitted and determined in accordance with the procedure
outlined herein, shall not be submitted again within one (1) year from the date
o f its original submission.
A djustment
of
G rievances
by
E mployer W ith I ndividual E mployees
64. Employer Reserves Right To Discuss Grievances With Individual Employees
in Accordance With Section 9 ( a ) of Labor Management Relations Act
The employer, however, reserves the right to discuss grievances with any in
dividual employee or group o f employees, by virtue o f the right granted such
employee or group o f employees in section 9 (a ) o f the Labor Management
Relations Act, 1947.
65. Section 9 ( a ) of Labor Management Relations Act Incorporated in Contract.
Company To Give Union Written Report on Nature and Settlement o f
Grievances Handled Outside Formal Grievance Procedure
Nothing in this section shall be construed as denying an employee his or her
rights as set forth in section 9 (a ) o f the Labor Management Relations Act
of 1947, which provides:
“ Representatives designated or selected for the purpose o f collective bar
gaining by the majority of the employees in a unit appropriate for such pur
poses, shall be the exclusive representatives of all the employees in such unit
for the purpose o f collective bargaining in respect to rates of pay, wages,
hours o f employment, or other conditions of employment: Provided, That
any individual employee or a group o f employees shall have the right at any
time to present grievances to their employer and to have such grievances
adjusted without the intervention o f the bargaining representative, as long
as the adjustment is not inconsistent with the terms of a collective bargaining
contract or agreement then in effect: Provided further, That the bargaining
representative has been given opportunity to be present at such adjustment.”
The company shall furnish to the union a written report on the nature and set
tlement o f any grievance handled outside the formal procedure outlined above,
for the adjustment of grievances.
66. Ban on Bargaining Between Employer and Individual Employees Not To Be
Construed To Deprive Individuals of Rights Specified by Labor Management
Relations A ct
The company agrees that it will not bargain with any individual or group
of individuals other than representatives of the union on all matters regarding
wages, hours, and working conditions, excepting personal matters and matters o f
ordinary shop routine. Provided, That nothing herein shall be construed to de
prive any individual employee or a group o f employees of the rights specified
in the Labor Management Relations Act of 1947.
67. Employee May Take Up Grievance With Foreman, Superintendent, or Any
one Else in Management, or With Steward
The following is the procedure for adjusting grievances:
The aggrieved employee may take up his grievance directly with his fore
man or superintendent or anyone else in the management, or, if he chooses, he
may take it up through his departmental steward.
ADJUSTMENT OF GRIEVANCES
17
68. Aggrieved Employee Present at All Meetings Regarding His Grievance
The aggrieved employee shall be present at all meetings held to consider his
grievance. I f more than one employee is involved in any grievance, the aggrieved
employees shall be represented at such meetings by a committee o f two such em
ployees.
69. Steps and Time Limits o f Regular Grievance Procedure Also Applicable to
Individual Handling His Own Grievance. Union May Have Representative
Present at All Steps Except First. Settlement With Individual Not Binding
on Any Other Employee or Union
Nothing herein shall preclude any employee from handling in person any mat
ter that is a grievance under this agreement, it being understood, however, that
any employee handling his own grievance shall present it at the various steps
and within the time limits hereinbefore set forth [for grievances handled by
union]. The corporation shall notify the union of any grievance presented by
an employee at the second step of the grievance procedure, and the chief stew
ard or other proper representative of the employee or employees shall have the
right to be present when the grievance is disposed o f at that or any subsequent
step. No answer to such a grievance shall be binding upon any other employee,
or upon the union.
70. Union Has Right To Participate in Prosecution of All Grievances A fter First
Step
The union shall have the right to be present and to participate in the prose
cution of all grievances after the first step in the grievance procedure outlined
in this article.
71. Employer To Consult Joint Grievance Committee B efore Rendering Decision
On Individual Grievance Which Involves Interpretation o f Agreement
Notwithstanding anything elsewhere contained in this agreement, any indi
vidual employee shall have the right at any time to present grievances to com
pany: Provided, however, That as to any individual grievance which shall in
volve interpretation of this agreement, company sjhall not render a decision
thereon without consulting with the joint grievance committee.
72. On Collective Bargaining Matters Employer Not To Make Settlements With
Individual Employees in Absence of Union Representatives
The company will not adjust or settle with the individual employee in the
absence of the union representatives, matters which properly should be the sub
ject of collective bargaining.
73. Union Notified of Grievance Presented by Individuals if Interpretation o f
Contract or Collective Bargaining Matters Are Involved
The company will notify the union of any grievance presented by an indi
vidual employee without the department steward’s participation, where such
grievance involves an interpretation of this contract, or a matter properly the
subject of collective bargaining.
74. Company Must Notify Union of Action Taken on Individual Grievances Which
Are Not of Routine Nature and Pertain to Provisions o f the Agreement
In the event an employee handles his complaint or grievance direct with the
supervision, and his grievance is not of a routine nature and pertains to provi
sions in the union agreement, it shall be the company’s responsibility to notify
the union o f the action taken.
18
COLLECTIVE BARGAINING PROVISIONS
75. A fter Grievance Has Been Referred to Union, Employer Not To Discuss
Grievance With Individual Unless Union Representative Gwen Opportunity
To B e Present
Nothing in this agreement shall be construed as restricting the rights of
employees as individuals, to adjust grievances with the company through the
regular channels o f the company’s administrative organization. The com
pany agrees, however, that after a grievance has been referred to a union repre
sentative and such representative has dealt with a company representative with
respect thereto, no company representative will discuss the matter with the em
ployee or employees involved, unless a union representative is given an oppor
tunity to be present at any such discussions or conferences.
76. Employee Involved in Grievance Not To Discuss With Employer His Griev
ance or Wages, Hours, or Other Conditions of Employment Unless Union
Representative Present
No employee with respect to whom a grievance is pending shall be summoned to
the office of any representative of the employer for the purpose o f discussing the
grievance or wages, hours, or other conditions of employment unless a represent
ative of the union shall be present at such discussions.
77. I f Individual Employee Participates in Discussion at Second or Third Step
o f Grievance Procedure, Department Steward Must Also Be Called Into
Discussion
It is understood that the department steward, or the individual employee, hav
ing a grievance, or any employee designated as a member o f a group having a
grievance, may be asked to participate in the discussion o f the grievance in step
2 or step 3 o f the grievance procedure set forth in section — o f this article.
It is further understood that if an individual employee is asked to participate
in the discussion o f a grievance in step 2 or step 3 that the department steward
must also be called into the discussion.
78. Foreman Not To Accept or Settle Grievance Unless Steward First Notified
No foreman shall accent or settle a grievance unless the steward o f the depart
ment in which the grievance occurs is first notified.
79. Employer Not To Negotiate Grievances Directly With Employees
It is further agreed that no grievance shall be negotiated by the company’s
representatives directly with the employee or employees involved.
W RITTEN RECORD OF GRIEVANCES
In order to* discourage petty complaints, establish the facts, and to
keep the record straight, it is common to reduce the grievance to w rit
ing at some stage in the proceedings. Some agreements require that
grievances-be presented in writing at the first step; others at the second
or third step; and still others call fo r the complaint to be put in writ
ing only if it is appealed to the final step in the procedure. Many
union and management officials prefer inform al, oral discussion in the
early stages o f the procedure, with the grievance recorded in writing
at the later steps so as to provide a basis for discussion by top union
and management officials, to prevent misunderstanding as to the exact
ADJUSTMENT OF GRIEVANCES
19
point involved, and to insure that the grievance w ill not change form
or be misinterpreted at the advanced stages o f the procedure.
Some agreements specify that grievances be written on a particular
form designed for that purpose; others outline what the written griev
ance must contain, i. e., a statement o f the facts upon which it is based,
the remedy or correction requested, and the section o f the agreement
relied upon or claimed to have been violated.
Not only the complaint, but also the settlement or disposition o f the
grievance may be required to be written out, in some instances at all
steps of the procedure and in others only at the final step.
Some agreements provide that minutes o f joint grievance meetings
are to be in writing, copies to be given to the company and union and,
in some instances, posted on bulletin boards for examination by the
employees. Although the agreements rarely stipulate that the com
pany shall provide such transcripts, it may nevertheless be customary
and therefore not mentioned.
80. Grievance Presented in Writing, Signed by Employee and Steward
The grievance shall be specifically stated, in writing, signed by the employee
and his department steward, and submitted to the foreman.
81. Grievance Reduced to Writing at Second Step
The grievance shall be reduced to writing by the aggrieved employee or shop
steward before it is submitted and considered in the second step.
82. Grievance Reduced to Writing at Third S tep; History and Present Status
of Dispute To Be Shown
3d Step: At the next regularly scheduled weekly meeting of the grievance
committee with the corporation’s labor relations representative, the grievance
shall be reduced to writing, signed by the shop steward and aggrieved employee,
and presented to the corporation’s representative. The signed grievance shall
show the history and present status of the dispute.
83. Grievance Presented in Writing but Verbal Discussion at Time of Presenta
tion To Insure Complete Understanding
The aggrieved employee shall present disputes or grievances to the shop com
mitteeman, signed and in writing, and if the committee decides to take up the
same then they shall present the signed grievance to the management, at which
time a verbal discussion to insure complete understanding will be had.
84. Grievances Presented in Writing on Forms Furnished by Company
Grievances which are presented in writing wiU be on forms provided for this
purpose and these forms shall be furnished by the company.
85. Minor Grievances Reed Not Be in Writing
All except minor grievances shall be put in writing on blanks which the com
pany will furnish. After grievance has been satisfactorily disposed of, the
original grievance blank will be sent to the company’s main office by the party
making the adjustment, with memorandum of the settlement written thereon.
20
COLLECTIVE BARGAINING PROVISIONS
86. Written Grievance Signed by at Least Two Committeemen if Grievance
Involves Union As Such. Written Answer To Include Clear Statement
o f Reasons fo r Action Taken
All grievances and disputes shall be reduced to writing before consideration
at this third stage. The writing shall contain a clear and concise statement
o f the reasons or basis for the grievance or dispute and if the same involves or
is made by or in behalf o f an employee or employees the writing shall be signed
by such employee or employees, but if the grievance or dispute involves the union
as such the writing shall be signed by at least two members of the negotiating
committee. Each grievance and dispute shall be acted upon and disposed of
as soon as practicable after being presented. The disposition of each grievance
or dispute shall be made in writing, which writing shall include, in clear, concise
form, a statement o f the reasons or basis for the action taken.
87. Management Grievances Presented in Quadruplicate; Union To Retain Two
Copies and Return Other Copies With Answer
A ll management grievances against the union shall be presented in quad
ruplicate on forms provided for this purpose, prepared by the industrial rela
tions manager, and presented by him to the union plant chairman for determina
tion. The union plant chairman shall, within 24 hours, endorse his answer to
grievance thereon, delivering two copies to the industrial relations manager,
keeping the other two copies.
88. Written Grievances and Settlements Submitted in Quadruplicate; Designation
of Parties Who Receive Copies
All grievances not settled under paragraph — hereof shall be prepared at
the union hall during nonworking hours and submitted in writing on forms
specifically provided for that purpose in quadruplicate. One copy shall go to
the foreman, one to the chairman o f the management committee of the company,
one to the union steward in the department where the grievance arose, and one
to the union office. Such original complaints shall be signed by the complaining
worker and his union steward, and when this grievance is settled, the company
shall make a written report in quadruplicate and one copy each sent to the persons
receiving the grievance.
89. Management To Give Written Answers to All Written Grievances
Written answers will be given by the management to all written grievances
presented by the shop committee.
90. Oral Decisions Confirmed in Writing
Decisions to grievances reaching step 4 o f the grievance procedure shall be
confirmed in writing after the decisions have been given orally. It is under
stood that these written decisions shall apply solely and specifically to the
grievance presented.
91. Permanent Record o f Each Grievance To B e K ept
It is further agreed between the parties that each step of the foregoing must
be carried out in its regular order and that the action of all of the parties
attempting to settle the grievance shall be reduced to writing on the back of
the form, and that the ultimate settlement shall be set forth in detail; and
that a permanent record be kept o f each and every grievance.
ADJUSTMENT OP GRIEVANCES
21
92. Facts and Decisions at Each Step of Procedure To B e W ritten and Signed
"by Union and Company Representatives Before Going to Next Step
All grievances shall be in writing on printed grievance forms, signed by the
aggrieved employee.
All facts and decisions at every step of the grievance procedure shall be stated
in writing and signed by the union and company representatives before going
to the next step.
93. W ritten Report of Each Meeting in Grievance Procedure, Unless Waived by
Mutual Consent
At the conclusion of each meeting referred to in the foregoing section 3
[Grievance Procedure], and before adjournment, a written report, unless waived
by mutual consent, shall be made by a designated person, containing a summary
of the proceedings and concurred in and signed by a representative o f the com
pany and union who are present. Copies thereof shall be provided the company
and the union.
94. Grievance Report To Include Statement of Grievamce and Supporting Facts,
Remedy Requested, and Contract Provisions Involved
I f a grievance remains unsettled at the close o f the day following the meeting
at step 2, the union shall prepare, in duplicate, a written report of the grievance.
Both copies of such report shall be delivered to the industrial relations counsel
for the company. The report shall contain the following information:
1. A statement of the grievance and the facts upon which it is based.
2. The remedy or correction requested.
3. The section or sections o f this agreement, if any, relied upon or claimed
to have been violated.
The report shall be signed by the steward and the president o f the union.
Upon receipt thereof the industrial relations counsel will arrange to meet with
the union steward and the union grievance committee with respect to the griev
ance not later than the third day following his receipt of the repdrt.
95. Minutes o f Grievance and Bargaining Committee Meetings To Be Posted fo r
Examination by Employees
The minutes of all meetings of the grievance committee and bargaining com
mittee shall be written up, and when signed both by the union and the company,
posted in a conspicuous place for examination by all employees.
96. Minutes of Grievance Meetings To Conform to Specified Outline
Minutes of all step 3 grievance meetings shall be prepared, jointly signed by
the chairman or secretary o f the grievance committee and the representative
of the management, and two copies of such minutes shall be handed the com
mittee not later than ten (10) workdays following the day on which the meeting
was held. Minutes shall be typed and shall conform essentially to the following
outlines:
a.
b.
c.
d.
e.
f.
Date and place o f meeting;
Name and positions o f those present;
Identifying number and description of each grievance discussed;
Brief statement o f union position;
Brief statement o f company position;
Abstract of important aspects o f the discussion;
22
COLLECTIVE BARGAINING PROVISIONS
g. Decision reached;
h. Statement of concurrence in or exceptions taken to decision;
i. Statement as to whether decision accepted or rejected.
STEPS OF GRIEVANCE PROCEDURES
Grievance procedures outlined by agreements vary from a simple,
inform al one- or two-step procedure to elaborate systematic arrange
ments which call for screening and processing grievances through as
many as six or more different levels o f union and management
authority. Among the factors determining the number o f steps are
the size and organization structure o f the bargaining unit, the number
o f managerial levels, and union and management policies o f delegating
authority to their representatives.
Am ong the multistep procedures there is little uniform ity in the
rank o f the representatives participating at the various steps, the order
in which they appear, or the frequency with which the same combi- •
nations o f union and management representatives are paired. Very
generally speaking, the representatives at the first step are the steward
and foreman o f the aggrieved employee, and representatives o f higher
rank are then brought in on both sides at each successive step o f the
procedure. Where the agreement covers more than one plant o f the
company, representatives o f the international union are often paired
with officials o f the company’s central office at the last step prior to
arbitration.
Some agreements require that all procedural steps be follow ed in
strict order, or prohibit bypassing o f any o f the steps except by mutual
consent. Others permit or require omission o f one or more steps in
handling grievances involving several departments or the entire bar
gaining unit, grievances initiated by management, or other grievances
o f a general nature outside the jurisdiction o f foreman, stewards, or
other representatives with limited authority. Many agreements also
require bypassing o f one or more steps in cases involving claims o f
unjust discharge or other discipline.
97. Only One Step in Grievance Procedure Prior to Arbitration.
Whenever differences shall arise between the company and its employees, or
should any dispute o f any kind arise in the plant or plants, or in case that any
employee is discharged, there shall be no suspension o f work on account of such
disputes, but an earnest effort shall be made to settle such grievances immediately,
and in the following manner:
(a ) Between the aggrieved employee, a representative o f the union, and the
foreman of the department involved and a representative of the company.
(b) In the event that the dispute shaU not have been satisfactorily settled,
the matters shall be appealed to an impartial umpire to be appointed by the
mutual consent of the parties hereto, and the decision of the umpire shall be
final.
ADJUSTMENT OF GRIEVANCES
23
98. Association Agreement, One-Step Procedure; Arbitration Invoked if Repre
sentative of Union and Association Unable To Settle Grievance
All complaints, disputes, grievances arising between the parties hereto, in
volving questions o f interpretation or application of any clause of this agreement
or any acts, conduct, or relation between the parties or their representatives
directly or indirectly, shall be submitted in writing by the party hereto claimed
to be aggrieved to the other party hereto, and a representative of the union, and
a representative of the association shall in the first instance jointly investigate
such complaints, grievances, or disputes and attempt to adjust them. Decision
reached by the representatives shall be binding upon the parties hereto. Should
the representatives fail to agree the matter shall be referred to [name of in
dividual] as impartial chairman.
99. Two-Step Procedure
Any grievance or misunderstanding of this agreement as to its meaning or
application arising in the mill shall first be taken up by the employee with his
foreman. I f this fails to adjust the matter, it shall be taken up by his shop
committee with the company.
100. Multiplant Agreement, Two-Step Procedure: First Step at Local Levet,
Second at Central Office and International Union Level
Grievances arising in any department shall be reported by the local organi
zation to the local superintendent, or the local manager, in writing and the local
superintendent, or the local manager, shall give a written reply within seven (7)
days, stating what adjustment he has made o f the matter. If the superintendent
or local manager fails to adjust the grievance, it shall be taken up in conference
by the vice president of th e ------ Company and the international president or a
representative o f the respective organization.
101. Three-Step Procedure
Should differences arise between the company and the union or its members
employed by the company as to the meaning and application of the provisions of
this agreement, or should any local trouble of any kind arise in the plant, there
shall be no suspension o f work on account o f such differences but an earnest
effort shall be made to settle such differences immediately in the following
manner:
First, between the member o f the union and the foreman.
Second, between the grievance committee, designated by the union, and a
representative designated by the company.
Third, between the grievance committee and the representative o f the national
organization of the union and the executives of the company.
102. Four-Step Procedure
Step 1.—The employee who believes he has suffered a grievance may, with
his departmental steward, discuss the matter with his foreman in an attempt
to arrive at a satisfactory settlement.
Step 2.— I f no satisfactory settlement is reached in step 1 above, the grievance
shall be reduced to writing, in duplicate, and signed by the employee, his depart
mental steward, and his foreman, both copies o f which shall be presented by the
steward to the superintendent. The superintendent shall sign, date, and indicate
the time o f day on both copies, returning a copy to the department steward.
The grievance shall then be discussed between the superintendent and the fore
man for the company and the chief steward and the departmental steward for
the union.
24
COLLECTIVE BARGAINING PROVISIONS
Step 3.—I f no satisfactory settlement is reached in step 2 above, the grievance
shall then be discussed by the works manager of the plant, the local manager
of industrial relations, and the superintendent for the company, with the chief
steward and two (2) designated representatives from the plant for the union.
Weekly meetings shall be held between the representatives o f the company
and the union, in accord with the provisions o f step 3 above, at which meetings
all grievances properly coming before such representatives shall be considered
and adjusted if possible.
Step 4.— In the event no satisfactory settlement o f the grievance or grievances
is reached by the foregoing procedure, the grievance shall within seven (7)
days be referred by either party to the director o f industrial relations who,
with the works manager and other company representatives, shall discuss the
unsettled matters with the executive committee o f the union, accompanied by
the chief steward and the business manager o f the union, along with a repre
sentative of the international, if desired.
103. Four-Step Procedure: Additional participant on Each Side Brought Into
Negotiations at Each Successive Step
I f any difference, grievance, or dispute, should arise between the company
and the union or between the company and its employees in the bargaining
unit, an earnest effort shall be made to settle such differences immediately in
the following successive steps:
STEP 1
Management
Employee
1. Aggrieved employee
2. Department steward
1. Foreman (shift or assistant fore
man)
STE P 2
1. Aggrieved employee
2. Department steward
1. Foreman (shift or assistant fore
man)
2. Department foreman (and/or de
partment superintendent)
STEP 3
1. Aggrieved employee
2. Department steward
1. Department foreman (and/or de
partment superintendent)
2. Personnel director (or assistant
personnel director)
3. Unit officer
STEP 4
1. Aggrieved employee
2. Department steward
3. Unit officer
4. Plant grievance committee
1. Department foreman (and/or de
partment superintendent)
2. Personnel director (or assistant
personnel director)
3. One or more other representatives
o f management
ADJUSTMENT OF GRIEVANCES
25
104. Five-Step Procedure
It is understood that this agreement settles, except as otherwise provided
herein, all major questions arising between the parties and defines their re
lations as to the general level of wage scales and labor costs and the funda
mental relationship of the parties to each other. It is also understood that
there will necessarily arise so-called grievances between the parties over 'de
tailed questions not involving a substantial economic advantage or disadvantage
to the parties, which are too varied in character and too many in number to
be embodied specifically in this agreement. To settle such grievances, the fol
lowing methods o f adjustment shall be pursued in the order specified and
no additional method o f adjustment shall be resorted to where the matter
has been settled by a previous method:
(1) Between the employee and his foreman or immediate superior.
(2) Between the departmental representative and the foreman or de
partmental head.
(3) Between the grievance committee and the plant superintendent.
(4) Between the grievance committee and the works manager or his
assistant.
(5) Between the representatives of the union and the president o f the em
ployer or his nominee.
105. Six-Step Procedure; Muiltiplant Agreement. Committee Representing All
Plants Participates at Fourth S tep; International Union Officer at Fifth
Step; Union as a Whole at Last Step
Any employee or group o f employees presenting a grievance to the foreman
shall be instructed to take the matter up with the steward or stewards who
will then take the matter up with the foreman of the proper department. The
foreman will use his best effort to make a satisfactory settlement of the matter.
If the stewards are unable to adjust a grievance in the department with
their foreman, they may then take the grievance up with their chief steward
who will attempt to adjust the matter with the proper foreman.
If the stewards and chief steward do not succeed in adjusting grievances
with the foreman in the department they will take the matter up with the
proper plant superintendent, who will, upon presentation o f a written grievance,
attempt to adjust their grievances.
Settlement of any grievance or controversy shall be reduced to writing and
a copy furnished the chief steward presenting the grievance, chairman o f
bargaining committee, and supervisor of the department or zone affected.
If the procedure outlined above does not result in a satisfactory adjustment
the case shall then be referred to a duly elected union bargaining committee,
which shall consist o f not to exceed three (3) employees from each plant
of the company, and branch chairman, who shall then take the matter up with
the vice president in charge o f manufacturing. This bargaining committee
and the vice president of the company, with such assistance as he may choose,
may meet Tuesday o f each week for the purpose o f negotiating all grievances
not otherwise handled.
Cases which cannot be satisfactorily settled by the above procedure shall
be reviewed jointly by the vice president in charge o f manufacturing of the
company and an international officer of the union with such additional repre
sentatives as either party may desire, and if the matter is not satisfactorily
settled by them the case may then be referred to the union as a whole.
868744°—50-----3
26
COLLECTIVE BARGAINING PROVISIONS
106, Seven-Step Procedure
It is understood that this agreement settles all major questions arising be
tween the parties. Any grievance shall be adjusted in the following specified
order:
1. Between the employee, departmental steward, and the foreman.
2. Between the chief steward, department steward, and department
foreman.
3. Between the chief steward, section supervisor, and the foreman.
4. Between the chief steward, section supervisor, and the personnel
director.
5. Between the union negotiating committee and the management
committee.
6. In the event an agreement cannot be reached, the matter shall then be
referred to the union negotiating committee, and the chief executive of
the employer.
7. In the event an agreement cannot he reached, the matter shall then be
referred to the union negotiating committee, and the chief executive o f the
employer, and the international representative of the union.
107. Procedural Steps To Be Followed Strictly in Order
It is understood and agreed by and between the parties hereto that for the
speedy and orderly settlement of all grievances, the above steps shall be fol
lowed strictly in the order in which they are listed, and that neither the com
pany nor the union shall at any time attempt to use any of the above described
methods of negotiation unless the previous steps have been employed. Excep
tions to negotiation proceedings in the above-described order can only be made
by mutual consent of both the company and the union.
108. No Steps o f Grievance Procedure Bypassed Except "by Mutual Agreement
Except by mutual agreement none o f the foregoing steps in the grievance pro
cedure shall be bypassed.
109. Multiplant Agreement: In Plants of Less Than 500 Employees Grievances
Presented Initially To Top Supervision in Plant
In the [city] area suburban plants, and in any units outside the [city] area
having less than 500 employees which the company may designate, grievances
shall be presented initially to top supervision in the plant.
110. Discharge Case To Be Taken up With Company Representative Immedi
ately Above the Level o f the Person Making the Discharge
In the event an employee shall be discharged and feels he has been unjustly
dealt with, the case shall be taken up by the grievance committee directly with
the company representative immediately above the level o f the person making
the discharge. I f not settled as above, it must be submitted in writing by the
grievance committee to the company within five (5) days from the date o f
discharge.
111. Grievances Regarding Disciplinary Discharge or Lay-Off Initiated at Second
Step Under Specified Conditions
(a ) When an employee is given a disciplinary discharge or lay-off, his district
committeeman, i f available, or if not, one of his unit committeemen, will be
promptly notified in writing of the action taken.
ADJUSTMENT OF GRIEVANCES
27
(6 )
Such disciplinary action will be deemed final and automatically closed
unless a written grievance is filed within three (3) working days from the time
of presentation of written notice provided for in subsection (a ) o f this section.
(c ) Where such disciplinary action is taken following a hearing at which the
employee’s committeeman has been present, or is taken by a company represent
ative other than his foreman, any grievance protesting such action shall be
initiated at the second stage of the grievance procedure, subject to the 3-day
time limit and the requirement that he sign the grievance, except that this
requirement shall not be applicable where disciplinary action is taken against
an employee in his absence.
112. Company Grievances Against Employee or Union Presented at Second Step
o f Procedure
A grievance by the company against an employee or the union may be presented
and handled in accordance with the procedure set forth in section ------ o f this
article, beginning with step 2, between the plant superintendent and the plant
committeeman.
113. Company Grievances Presented First to Grievance Committee Chairman,
Then to President of Local Union
The employer may utilize the following procedure to present any grievance
against the union or any o f its members: (1) presentation in writing to the
chairman of the grievance committee; (2) if no satisfactory answer is obtained
within forty-eight (48) hours, presentation o f complaint in writing to the presi
dent of the [local] union; (3) if no satisfactory answer is obtained within five
(5) days then the employer shall have the right to have the matter handled in
accordance with the procedure set forth above for arbitration.
114. Company Grievances Regarding Abuse of Bargaining Procedure Presented
First to Local Union, Then to International Union; Union Grievances
Regarding Abuse of Bargaining Procedure Presented to Labor Relations
Supervisor
The management in a plant may present to the secretary o f the local union
as grievance any abuses of the bargaining procedure by the union, its chief
stewards, its plant shop committeemen, its local union officers, or other representa
tives or members of the union. I f the management is dissatisfied with the
disposition of the grievance made by the local union, it may take the grievance up
with the international union. The union may present to the labor relations
supervisor in a plant as grievance any abuses of the bargaining procedure by
the management or its representatives. An appeal in accordance with the bar
gaining procedure may be taken by the union if it is dissatisfied with the labor
relations supervisor’s decision. Such grievance by either the plant manage
ment or the union shall be presented in writing.
115. Company Grievances and Grievances Common to a Group of Employees May
Be Presented Direct to Labor Relations Board {Third Step o f Grievance
Procedure)
Group grievances.— I f any grievance arises which involves all the employees
of a department or which is common to a group of employees, the grievance may
be presented direct to the labor relations board.
Company grievances.— The company may present any dispute arising under,
or matters of interpretation of, this agreement or any grievance against the
union direct to the labor relations board with the right to arbitration under
section------ hereof.
28
COLLECTIVE BARGAINING PROVISIONS
116. Grievances Originating With Union Rather Than Individual Considered at
Second Step of Procedure
Grievances originating with the local union and not with the individual em
ployee shall be considered the second step of the grievance procedure to be
presented at the scheduled union-management meetings. Members of the union
committee shall be afforded reasonable time with pay to gather and present
facts pertaining to these grievances.
117. Grievance Presented at First Step if It Affects Only Employees Working
Under Same Forem an; at Second Step if It Affects Employees Working
Under More Than One Foreman; at Third Step if I t Affects Employees
Working Under More Than One Department Superintendent
Grievances shall be filed initially in the following steps of the grievance pro
cedure, depending upon the subject matter of the alleged grievance:
(1) Grievances which allege violations directly affecting only the em
ployees working under a particular foreman shall be filed in step 1 and be
answered by such foreman.
(2) Grievances which allege violations directly affecting only the employ
ees working under a particular department superintendent but under more
than one foreman shall be filed in step 2 and be answered by such department
superintendent or his representative.
(3) Grievances which allege violations directly affecting employees work
ing under more than one department superintendent shall be listed on
agenda forms, be discussed at the next step 3 meeting, and be answered by
the general superintendent or his representative.
118. General Grievances Initiated at Second Step
General grievances affecting the employees in a unit as a whole, may be
initiated by the unit committee directly at the second stage.
119. First Step Omitted if Grievance Does Not Affect Aggrieved Employee?s Im
mediate Foreman or if It Involves Policy Matter
None o f the above steps shall be omitted except that it is understood that
if a grievance or dispute arises which does not affect the aggrieved employee’s
immediate foreman, or if it involves a policy matter which could not be decided
by the foreman, such grievance or dispute shall be reduced to writing on the
form provided and be submitted to the aggrieved employee’s immediate foreman,
who will make a notation thereon that the matter was referred to the second
step of the grievance procedure, as provided in paragraph------ o f this section.
120. Union May Initiate Grievance at Third Step if Grievance Involves Employees
in More Than One Department or if Unusual Circumstances Exist
In the event that the alleged grievance or matter for consultation involves
employees in more than one department, or where there are unUsual circum
stances existing, the union may initiate such discussions starting with the
third step listed above.
121. Procedure May B e Modified by Mutual Agreement if Modifications Con
sistent With Orderly and Expeditious Settlement o f Grievances
The procedural steps for the settlement o f grievances hereinafter set forth
represent a general standard which may be modified by agreement between the
management and the union if the modifications agreed upon are in keeping with
a procedure best suited for the orderly and expeditious settlement o f grievances.
ADJUSTMENT OE GRIEVANCES
29
122. Grievance Procedure May B e Disregarded and Arbitration Immediately
Invoked by Mutual Agreement
By mutual agreement of the parties, any issue arbitrable in accordance with
section------ may be taken to arbitration without observance o f the intermediate
steps called fo r in (d) to ( f ) of this section, Grievance Procedures.
TIM E LIM ITS
Time limits are often set on the presentation and processing o f
grievances at the various procedural steps. . I f management does not
make an adjustment or give its answer within a specified period, the
complaint automatically moves to the next step for consideration. On
the other hand, if the union fails to appeal management’s actions or
decision within the time lim it, the grievance is usually considered to
have been dropped. Time limits provide a safeguard against stalling
so that the dispute does not drag on indefinitely. They also prevent
the accumulation o f cases. On the other hand, they may be detri
mental if they are too short to allow proper investigation and con
sideration o f grievances.
Time limits may be applicable to presentation o f the grievance after
occurrence o f the act upon which it is based, or “ after the employee
has acquired knowledge o f the condition’s existence” ; rendering o f
the decision at some or all steps o f the procedure; or appeal from the
decision at the previous step. A few agreements provide an over-all
time lim it on the entire procedure, from presentation o f the grievance
to final decision.
Time limits on grievances involving discharges are often tighter
than on other grievances. Tighter time limits may also be provided
for grievances pertaining to lay-offs, promotions, transfers, or other
grievances involving payment o f back wages.
Provision is often made for extension o f time limits if additional
time is needed for investigation or consideration or if there seems to
be hope for a settlement. Usually, however, both parties must agree
to the extension. Time limits on presentation o f the grievance after
its occurrence are sometimes waived if circumstances beyond the con
trol o f the aggrieved party prevented knowledge o f the act originating
the grievance.
Although many agreements do not indicate whether the time allowed
fo r initiating and processing grievances includes Sundays, holidays,
and other nonworking days, some specify that only working days are
counted.
123. Time Limit on Presentation of Grievance
A grievance must be presented in writing within three (3) days, excluding
Saturdays, Sundays, and holidays, after it arose in order to be considered.
30
COLLECTIVE BARGAINING PROVISIONS
124. Time Limit on Presentation Runs From Date Steward Becomes Aware of
Existence of Grievance
All grievances will be presented in writing in quadruplicate on a form fur
nished by the company within five (5) days from date the steward becomes aware
that the legitimate grievance exists.
125. Time Limit on Presentation o f Grievance Waived if Circumstances Beyond
Employee’s Control Prevented Knowledge of Act Originating the Grievance
The employe shall submit his grievance to his foreman within five (5) working
days o f the commission o f the act originating the grievance. Grievances which
are submitted after five (5) working days of the commission o f the act orig
inating the grievance may be accepted if it shall be decided that circumstances
beyond the employee’s control prevented knowledge o f the act originating the
grievance.
126. Time Limit on Presentation of Grievance Extended to 60 Days if Employee
Unaware of Events Causing Grievance
The aggrieved employee or his representative shall present his case to his
immediate supervisor within four (4 ) days after the occurrence of the event
complained o f; if not presented within this period of time, the case cannot be
presented at any future date, except that where, under unusual circumstances,
the employee may not have been aware of the occurrence o f the event before
the expiration o f the four (4) day period, and satisfactory proof thereof can be
established, the case may be presented during but not to exceed sixty (60) days
from the date of the occurrence o f the event, in which case the grievance shall
be considered as having occurred on the date the employee or his representative
reports it to his immediate supervisor. The immediate supervisor shall render
a decision within three (3) days.
127. Grievance Not To B e Considered if Cause Occurred Prior to Date of Agreement
It is understood and agreed that no event which occurred prior to the date of
this agreement shall be the subject of a grievance under any o f the procedure
provided by this agreement.
128. Complaints To Be Made Within 7 Days if Reasonable and Practical and
Within 30 Days at Most
A ll complaints are to be made within seven (7) days when it is reasonable and
practical to do so and in no case after thirty (30) days.
129. Grievances Involving Wages To Be Filed Within 30 D a ys; 60 Days Allowed
For Filing of Other Grievances
Any controversy, in order to be considered upon the merits, must be called to
the attention o f the parties named heretofore specifying the details of the alleged
violation, within sixty (60) days of the date of grievance. In connection with
any violation involving wages, said notice must be given within thirty (30) days
after the regular pay day for the period in which any such alleged violation
occurred.
130. Tighter Time Limit on Filing of Grievances Involving Discharge, Lay-Off, or
Seniority
A grievance, in order to receive consideration, must be based upon a claimed
violation o f some right established by this agreement and must be presented as
herein provided within five (5) days after the occurrence o f the act which gives
rise to such grievance except that if the grievance involves discharge, lay-off, or
seniority, it must be presented within two (2) days after occurrence of the act.
ADJUSTMENT OF GRIEVANCES
31
131. Grievance Regarding Discipline and Discharge FUed Within 2 Days; Hearing
Within 2 Days A fter Filing; Over-All Time Limit o f 10 Days on Disposi
tion of Case
I f a discharged or disciplined employee desires to make a complaint concerning
the discharge or disciplinary action, he shall dejliver the same in writing to the
chairman of the executive shop committee, who shall file the complaint with the
personnel director of the company within two (2) working days after the dis
charge or discipline. If such employee fails to file the complaint within the
time specified or fails to appear at the hearing, unless he submits proof he was
prevented by sickness or accident, or upon such hearing is found to have been
properly discharged, his discharge shall be absolute as of the date of such
discharge.
A meeting o f the executive shop committee and representative of the company
shall be held within the next two (2) working days after the filing of the com
plaint, for the purpose o f considering the complaint, and the employee filing such
complaint shall appear in person at such meeting.
I f at such hearing he shall be found to have been improperly discharged, his
seniority shall be restored and his compensation for time lost, i f any, shall be at
this regular hourly rate of pay and shall be determined by the company and the
union as a part o f his grievance. All such grievances shall be disposed of in ten
(10) days.
132. Time Limit on Presentation of Grievances Regarding Transfers, Promotions,
Demotions, Suspensions, or Discharges
Grievances with respect to matters of transfers, promotions, demotions, suspen
sions, or discharges shall be presented to the company in writing within three (3)
working days from the date of such transfers, promotion, demotion, suspension,
or discharge. I f such notice in writing is not given to the company within three
(3) working days of the occurrence of the facts upon which such complaint is
based, then it shall be deemed waived and abandoned and shall not thereafter form
the basis of a grievance between the parties hereto.
133. No Time Limit on Filing o f Grievances Involving Restoration o f Seniority,
Lay-Off, or R ecall; Other Grievances To B e Filed Within 1 Year o f Occur
rence Unless Exception Made by Mutual Agreement
It is agreed that no grievance under this contract shall be filed or accepted for
processing, involving an act which occurred more than one (1) year before the
date of such original filing unless mutually agreed to by the parties. Grievances
involving restoration of seniority, lay-off, or recall shall be exempt from the afore
mentioned limitation.
134. First and Second Steps of Procedure To B e Consummated within 24 Hours
The first and second steps of the foregoing procedure shall be consummated
within a period of twenty-four (24) hours from the time the grievance is called
to the attention o f the foreman o f the department involved.
135. Decision To B e Made Within 2 Days at Each Step o f Procedure Unless
Extension Granted by Mutual Agreement
A period of two (2) consecutive working days shall be the period of time during
each step of the grievance procedure, during which time the parties shall endeavor
to reach a settlement within two (2) consecutive working days from the time
the grievance is presented; unless the time limit is further extended by mutual
agreement, either party shall have the right to take the grievance to the next step
of the procedure.
32
COLLECTIVE BARGAINING PROVISIONS
136. Time Allowed for Management Decision Increases With Each S tep; Uniform
Time Limit on Union Appeal at All Steps
All grievances presented by the union in writing shall be answered by super
vision or management in writing. Such written answers shall bear the signature
of the member of supervision or management rendering the decision, and shall
be within the time limitations designated for each step as follow s:
Step
Step
Step
Step
1.—One workday
2.—Three workdays
3.— Four workdays
4.—Five workdays
Any decision not appealed by the union from one step o f the grievance procedure
to the next within five (5) workdays, shall be considered settled on the basis of
the last decision rendered.
137. Seven-day Time Limit on Decision Extended to 21 Days if Necessary To
Enable Company To Complete Investigation; Further Extension by
Mutual Consent
Such grievance shall be presented in an orderly manner, in writing, at or
before a regular weekly meeting which shall be held for the purpose o f adjusting
and considering grievances between the plant superintendent, or his representa
tives and the plant grievance committee. A written decision on such grievance
shall be furished the union within seven (7) calendar days o f such meeting
unless the union is notified within such seven (7) day period that the company
has not been able to complete its investigation and will require a stated length
of time to do so. In this event the written decision on such grievance shall
be furnished the union within the limit of time so stated, which shall not be
more than twenty-one (21) days without mutual consent.
138. Grievance Automatically Advanced to Next Step if Not Answered Within
Time Specified
Failure o f the employer to answer any grievance within the time limits
specified in the several steps of the grievance procedure shall automatically
advance the grievance to the next higher step provided that the grievance is
not withdrawn.
139. Failure of Company To Give Answer Within Time Prescribed Considered
a Negative Answer
The failure of the company representatives to give an answer within the
time prescribed above shall be considered a negative answer.
140. Grievance Considered Decided in Favor of Employee or Union if Company
Decision Not Given Within Time Prescribed
In the event that the company does not give a decision within the time
hereinbefore prescribed, then the matter shall be considered as decided in favor
o f the employee or the union, as the case may be.
141. Failure of Union or Employees To Observe Time Limits Does Not Void
Grievance But Curtails Retroactivity of Settlement
Failure of the union and/or its representatives or employees it represents
to observe the established time limits for the presentation o f any grievance,
and o f the union and/or its representatives to observe the time limits in the
handling of any grievances between the steps, shall not void the grievance but
will, unless reasonable cause for delay is shown, prevent any adjustment that
may be made in the settlement o f that grievance from being retroactive beyond
the date that such time limit was not observed.
ADJUSTMENT OF GRIEVANCES
33
142, Time Limit on Presentation of Grievance and on Appeal From Management
Answer at Each Step of Procedure; Grievance Considered Waived if
Time Limit Not Complied With
In order to insure prompt settlement of grievances and to prevent the accumula
tion of unsettled grievances, the following time limitations shall prevail:
(а ) A complaint not discussed with the foreman by the employee involved
within one (1) week from the time it originates shall not be processed as a
grievance.
(б ) A grievance not presented in writing by the section Steward to the
foreman within five (5) workdays after the foreman has given his reply on the
employee’s complaint shall be considered waived.
(c) A grievance not presented in writing by the chief steward to the foreman’s
superior within two (2) workdays after the foreman has given his answer in
step 1 shall be considered waived.
( d) A grievance not placed on the agenda as required in step 3 of the
grievance procedure within nine (9) days after the foreman’s superior has
given his answer in step 2 shall be considered waived. However, the time
limit as set forth in this section may be extended by mutual agreement.
14B. Appeal From Decision at Any Step of Grievance Procedure To Be Made
Within 1 W eek Unless Extension Granted "by Mutual Agreement
Between any two (2) steps o f the grievance procedure, should the company
or the union desire to take the grievance to the next prescribed step, it shall
notify the other party in writing of its intention to do so and shall do so within
one (1) calendar week from the date the last decision concerning the griev
ance was rendered. If no such notice of appeal is given within the time
prescribed, the grievance shall be considered closed and settled unless the
parties mutually agree in writing to extend the time for appeal.
144. Time Limits on Management Answer and Union Appeal art All Steps A fter
First
Step 1.—Any employee who believes that he has a justifiable request, or
complaint, may present it directly to, and discuss it with, his immediate super
visor in the department. I f the settlement is not satisfactory, the request,
or complaint may then constitute a grievance within the meaning o f this
article and may be appealed to step two (2) o f this procedure.
Step 2.—The aggrieved employee may next have his alleged grievance pre
sented by a committeeman, with or without the employee being present, to
the head of the department. A grievance filed in this step shall be reduced
to writing in four (4) copies on the prescribed form provided by the company.
It shall be dated and signed by the employee involved, and four (4) copies of
it shall be given to the head of the department. The head of the department
shall state, in the appropriate place on the form his disposition of the grievance
and shall sign, date, and return two (2) copies to the committeeman of the
employee within three (3) workdays, exclusive o f Sundays, holidays, and
nonworkdays, and forward one (1) copy to the manager of industrial relations.
I f settlement is not satisfactory, the grievance may be appealed to step three
(3) not later than within seven (7) workdays.
Step 3.—Between the adjustment committee and the manager o f industrial
relations of the office and plant and the head of the department. Decision of
the manager of industrial relations and the head o f the department shall be
rendered by them in writing within three (3) workdays. I f the settlement is
not satisfactory, the grievance may be appealed to step four (4) not later than
within seven (7) workdays.
34
COLLECTIVE BARGAINING PROVISIONS
Step 4.—Between an international representative o f the international union
and a representative of the executives o f the company. They shall meet within
seven (7) workdays from date o f appeal to this step. Decision shall be rendered
by the latter in writing within seven (7) workdays. I f the settlement is not
satisfactory, the grievance may be appealed to step five (5) not later than within
ten (10) workdays from the date of receipt o f written statement of position by
the company.
[Step 5 is Arbitration.]
145. Over-all Time Limit on Settlement A fter Presentation o f Grievance
Grievances presented to the chairman o f the management committee shall in
all cases where the facts are available be settled within 1 week after presenta
tion.
146. Grievances To Be Disposed o f Within Specified Over-all Time Limit When
ever Possible
Whenever possible, all grievances will be acted upon or disposed of within
five (5) working days.
147. Time Limits Do Not Include Sundays and Holidays
I f grievances are not submitted within the periods stated above they shall
be deemed to have been withdrawn and dropped, with the decision last made to
be final and binding, unless unforeseen circumstances require an extension o f
time, to be agreed upon by both parties. The time limits specified in this article
shall not include Sundays and holidays.
148. Time Limits Not To Include Saturday, Sunday, or Days When Majority of
Employees Do Not Work
“Days” in procedure shall not include Saturday, Sunday, or any day when
a majority of employees do not work.
149. Parties To Attempt To Settle Grievances in Less Than Maximum Time
Allowed
Any complaint, grievance, or dispute which is not taken through the various
steps of the grievance procedure within the periods of time specified for each
step shall be deemed to have been thereby abandoned, unless the period of time
for the taking of such step shall have been extended by a mutual agreement o f
the parties in writing or unless a good and sufficient reason is presented to the
appeal board justifying an extension of time. It is understood that the sole
reason for the time limits herein set forth is the desire of both parties to
facilitate the prompt settlement o f disputes. To that end the parties shall
endeavor to settle all such disputes at the lower steps o f the grievance procedure
in less time than the specified intervals.
150. Party Initiating Grievance To Observe Time Limits in Appealing; Other
Party To Observe Time Limits in Answering
The grievance procedure may be utilized by the company in processing com
pany grievances. In processing such grievances, the company shall observe the
specified time limits in appealing and the union shall observe the specified time
limits in answering.
The grievance procedure may be utilized by the union in processing griev
ances which allege a violation of the obligations o f the company to the union as
such. In processing such grievances, the union shall observe the specified time
limits in appealing and the company shall observe the specified time limits in
answering.
ADJUSTMENT OP GRIEVANCES
35
151. No Specific Time Limits but Parties Pledge To Adjust Grievances Without
Delay
Every effort will be made by both parties to adjust grievances with the least
possible delay.
152. Extension of Time Limits fo r a Definite Period Upon Notice by One Party
to the Other
In application of the grievance procedure o f the contract where, due to contin
gencies, either party requests an extension of time limits in the procedure, an
extension for a definite period of time may be arranged upon notice by one
party to the other prior to the expiration o f the particular period o f the pro
cedure which it is desired to extend.
153. Extension of Time Limits Not To Constitute Precedent fo r Any Subsequent
Case
The time limits mentioned in this article are specified for the purpose o f
expeditiously disposing of grievances and disputes but may be extended by mu
tual agreement. However, the waiver by the management or the union o f any
such time limits in any case shall not constitute a waiver by the management or
the union of any such time limits or its right to insist on adherence thereto in
any subsequent case.
RETROACTIVE ADJUSTMENTS
Many agreements specify that adjustments reached at any stage
o f the grievance procedure w ill be applied retroactively to the date the
grievance is presented. In other agreements, adjustments are retro
active to the date o f occurrence o f the action or situation which gave
rise to the grievance rather than the date o f presentation, and in still
others, to any date mutually agreed upon by the union and employer*
Often the retroactive adjustment is limited to a specified maximum,
e. g., 30 days.
The right to a retroactive adjustment is sometimes forfeited if the
grievance is not presented within a specified time after occurrence.
154. Adjustments Retroactive to Date Grievance is Submitted
All adjustments of disputes arising from the provisions o f this agreement
wiU be retroactive to the time the grievance is submitted.
155. Wage Adjustments Retroactive to Date o f Submission to Second Step o f
Procedure
The parties agree that if a wage adjustment grievance has been rejected by
the industrial relations department [second step of Grievance Procedure] and
is subsequently granted in any of the following steps of the grievance procedure,
it shan be retroactive to the date of submission to the industrial relations
department.
156. Settlements Retroactive to Date Mutually Agreed Upon by Parties
It is agreed that the settlement of any grievance shaU be made retroactive to
a date agreed to mutuaUy between the parties.
36
COLLECTIVE BARGAINING PROVISIONS
157. Retroactivity of Group or General Wage Increase Agreed Upon by Parties;
Settlement of Other Wage Rate Grievances Retroactive to Date of
Presentation
It is agreed that the settlement of all grievances relating to changes in base
rates, standards, or rates of pay, exclusive of general or group increases, pre
sented to the management for the first time shall be retroactive to date o f first
presentation after execution of this contract. Any group or general increase
shall be subject to agreement as regards to retroactivity.
158. Retroactivity Limited to Date Grievance Occurred
No settlement of any grievance shall be retroactively applied prior to the
date of its occurrence.
159. Decisions Affecting Financial Status of Employees Retroactive to Date
Grievance Occurred
All decisions affecting the financial status of any employees due to injustice
on the part of the company or its supervision, other than discharges, shall be
retroactive to the date on which such injustices occurred, provided it was re
ported in writing to the personnel director or his assistant within ten (10) days
after the injustice occurred.
160. Adjustment on Grievance Arising From Termination of Employment Ret
roactive to Date of Termination
Any adjustment made on a grievance arising from the termination of an em
ployee shall date from the time of termination.
161. Maximum of SO Days* Retroactive Pay
In the event any grievance involves payment of back wages, such back wages
shall not be awarded in any of the four stages outlined above for any time prior
to the date o f the written submission of such grievance and such award shall in
no event exceed thirty (30) days’ pay.
162. Maximum Retroactivity of SO Days Prior to Presentation of Grievance
I f the circumstances of a particular case make it impossible for the employee,
or the union, as the case may be, to know that he, or the union, has grounds for
a grievance within ten (10) days of its occurrence, the grievance must be sub
mitted within ten (10) days after the employee, or the union, becomes aware
that he or it had grounds for such grievance, and the settlement shall be limited
retroactively to a period of thirty (30) days prior to the presentation o f such
grievance.
163. Maximum Retroactivity of 2 Days Prior to Date Written Grievance Was
Presented. Unemployment or Other Compensation Deducted from Ret
roactive Pay. Decision in Any Case Not To Require Retroactive Ad
justment in Any Other Case
The company shall not be required to pay back wages more than two (2) days
beyond the date a written grievance is filed: Provided, however, that in the case
of a pay shortage of which the employee could not have been aware before re
ceiving his pay, adjustments may be made retroactive to the beginning of the
pay period covered by such pay, if the employee files his grievance within two
(2) working days after receipt of such pay.
All claims for back wages shall be limited to the amount o f wages that the
employees would otherwise have earned less any unemployment or other com
pensation that he may have received from any source during the period o f the
back pay.
ADJUSTMENT OF GRIEVANCES
37
No decision o f the umpire or of the company in any one case shall require a
retroactive wage adjustment in any other case.
164. Company and Union Representatives at Any Step of Procedure Are Author
ized To Determine Conditions of Reinstatement, Including Pay for Lost
Time
It shall be within the province of the parties to the grievance procedure, in any
step thereof, including arbitration, to set out and determine the conditions of
reinstatement, including lost time pay, of any employee who may have appealed
to the grievance procedure because of discharge, lay-off, or alleged improper
application o f the recall provisions o f this agreement.
165. No Retroactive Adjustment Unless Grievance Presented Within Time Limits
Specified
Any grievance may be brought up for discussion at any time, but no retroactive
pay adjustment shall be made unless presented within the time limits specified.
166. Bach Pay Limited to 5 Days if Grievance Not Presented Within Time Limit
Specified
Grievances based on claims o f improper furlough or recall must be presented
within ten (10) days from the date of such furlough or recall. I f presented after
ten (10) days from such date, the grievance will be considered, but no back pay
awarded in excess of five (5) days.
167. Employee To Receive Retroactive Pay within SO Days A fter Settlement
All shortages or retroactive pay will be paid as soon as possible after settlement
is made; in no case to exceed thirty (30) days unless information in writing is
given to the executive committee stating reasons for further delay.
GRIEVANCE REPRESENTATIVES
Adoption o f a grievance procedure necessarily involves the designa
tion or appointment o f union representatives responsible for taking
up grievances as they arise. In some cases the union business agent or
other full time official handles all grievances; more frequently, how
ever, some employees in the plant are designated.
Many agreements include detailed provisions relating to grievance
representatives—their number; method o f selection; qualifications
fo r their positions; duties and responsibilities; restrictions on their
activities; special protection and privileges; and time and pay
allowances for handling grievances.
N umber
Agreements often make some reference to the manner o f apportion
ing stewards fo r representation purposes and indicate the basis o f
apportionment: on a “ geographic” basis, i. e., the steward represents
a department, district, or division; on a proportionate basis, i. e., the
number o f stewards bears a specific ratio to the number o f employees in
the bargaining unit; on a numerical basis, i. e., an absolute number is
specified; the number o f stewards equals the number o f supervisors;
38
COLLECTIVE BARGAINING PROVISIONS
etc. A few agreements state that the number o f stewards are to be
determined by mutual agreement o f the parties.
The number o f grievance representatives depends mostly on the size
o f the establishment. Agreements covering small plants sometimes
allow only one steward; agreements covering relatively large plants
often allow a steward fo r each foreman or a steward for each depart
ment. I f the plant is operating more than one shift, a steward may be
allowed for each shift or, in large plants, a steward for each shift in
•each department. Frequently, a ratio o f stewards to employees is
specified; this arrangement has the advantage o f flexibility, since the
number o f stewards is automatically adjusted in the event o f increases
or decreases in the number o f employees. A few agreements allow a
steward for each trade or occupational group.
Often, a chief steward is allowed fo r the plant, or for designated
divisions o f the plant, or for each shift.
Grievance or plant committees are often provided. In large plants,
the committee may be provided in addition to stewards, to function
at an advanced stage o f the grievance procedure. In smaller plants,
the shop committee may consist o f from three to five members and
comprise the entire union representation system. In very large plants,
a grievance committee for each m ajor department may be provided
for, in addition to a committee for the plant as a whole, with repre
sentatives from various departments. The number o f committee
members is often specified, although some agreements designate only
the minimum and/or maximum size o f the committee, with the actual
number to be agreed upon later.
The division o f the plant into representation districts is usually
determined jointly by the union and management. Some agreements
allow re-districting at specified intervals, or whenever changes in the
employer’s operations substantially affect the physical lay-out o f the
plant or the number o f employees.
168. Specified Number of Stewards
Employees may designate three (3) o f their number to act as stewards.
169. Association Agreement: One Steward for Each Shop
There shall be among the employees [o f each shop] one to be known as shop
steward who shall take up with the superintendent such matters as complaints
and grievances.
170. Number of Stewards To Vary According to Number of Employees Covered
by Agreement
One or more stewards shall represent the union in each department for the
purpose o f adjusting grievances o f employees with the management representa
tives designated by the superintendent. Such stewards shall be full time active
employees o f th e ------ works. The number of such stewards shall be limited to
the ratio set forth in the following schedule:
39
ADJUSTMENT OF GRIEVANCES
Number of employees
covered by this
agreement
Under 1,100----1,100 to 1,299__
1,300 to 1,499__
1,500 to 1,699__
1,700 to 1,899__
1,900 to 2,099__
Number of
stewards
25
30
35
40
45
50
171. Maximum of 26 Stewards Apportioned According to Number of Employees in
Each Mill or Shop
There shall he not more than twenty-six (26) shop stewards apportioned ac
cording to the approximate number of employees in each mill or shop.
172. One Steward for Each 50 Employees and Major Fraction Thereof
There shall not be more than one (1) steward for each fifty (50) employees
and major fraction thereof.
173. Over-all Plant Ratio To B e Between 1 : 25. and 1 : 50. No Individual Steward
Expected To Serve Substantially More than 50 Employees
The number o f stewards, including the chief steward, shall be held within
reason, and the over-all plant ratio between the number of stewards and employ
ees shall fall between 1 :2 5 and 1:5 0 , although it is not expected that any indi
vidual steward will serve substantially more than fifty (50) employees.
174. Ratio of 1 Steward fo r Each 100 Employees on S hift; Minimum o f 2 Stewards
on Shift
The following rules apply to union representatives:
That on each shift having over 200 employees in each workroom (work section)
no more than one (1) steward will be recognized for each 100 employees on that
shift.
That two (2) stewards will be recognized for a shift having less than 200
employees.
That in the event more stewards are needed in any workroom (work section),
this will be settled by mutual agreement.
175. One Departmental Steward for Each S5 Employees; One Divisional Steward
for Each 500 Employees; Minimum Number o f Stewards Specified
There shall not be more than one (1) department steward for each thirty-five
(35) employees in the bargaining unit: Provided however, That there shall be a
minimum of six (6) departmental stewards.
There shall not be more than one (1) divisional steward for each five hundred
(500) employees, or major fraction thereof, in the bargaining unit: Provided
however, That there shall be a minimum of one (1) divisional steward in the
plant.
176. Aggregate Number of Stewards and Committeemen Not To Exceed 8 Percent
of Total Plant Employment
In the interest of efficient production and to avoid all possible disruption in
orderly and peaceable plant operations, it is agreed that the stewards and
members o f the grievance committee of the union shall not in the aggregate
exceed three (3) percent o f the total plant employees at one period.
177. Districting to Result in Specified Ratio So Far As Practicable; Redistricting
at Request o f Either Party at 6-Month Intervals
Each bargaining unit will be districted by agreement between the local plant
management and the shop committee so that insofar as practicable each district
40
COLLECTIVE BARGAINING PROVISIONS
on each shift shall contain approximately two hundred and fifty (250) employes.
Each committeeman shall have a definitely defined district. The members of the
union in each such district shall select a committeeman who is working in that
district to represent the employes in that district. An alternate district com
mitteeman in each district, whose duties shall be the same as those o f the
regular district committeeman for that district while he is absent from the
plant, may be selected by the members of the union. Plants shall be redistricted
not more frequently than at six (6) month intervals, upon request of either the
plant management or shop committee.
178. One Steward to Each Foreman
In the manufacturing departments covered by the bargaining units, stewards
may be appointed in proportion to the number of department foremen, that is,
one (1) steward to one (1) department foreman.
179. One Steward to Each Foreman; One Chief Steward to Each Superintendent
One steward shall be elected to represent the employees under each foreman.
The steward shall be an employee within the group he represents.
One chief steward shall be elected to represent the employees under each
superintendent. The chief steward shall be an employee within the group he
represents.
180. Ratio of 1 Steward to Each Foreman May Be Exceeded by Mutual Agreement
but in No Case May Ratio Exceed 1 Steward to 25 Employees
The union shall designate from its membership shop stewards for the purpose
of facilitating the handling of grievances and of conducting other legitimate
union business. One steward shall be selected to cover the employees under a
foreman. There may be by mutual agreement more than one (1) steward for
each foreman in certain departments but in no case shall the total number of
shop stewards in the plant be in excess of the ratio o f one (1) steward for every
twenty-five (25) employees.
181. Steward for Each Shift
A shop steward shall be appointed by the union for each shift.
182. One Steward fo r Each Department
There shall be a steward for each department.
183. Steward for Each Trade or Department on Each Shift
There shall be no more than one (1) shop steward in a trade or department
on each shift. The union shall notify the personnel department, in writing, of
the appointment or change o f shop stewards.
184. Divisional Chairman, Departmental Chief Steward, One or More Stewards
on Each Shift in Each Department
For the purpose o f adjusting grievances, the factory shall be divided into
three (3) divisions, namely, engineering, warehouse, and production. Each
division shall be subdivided into departments. Each department will have one
or more stewards on each shift and a departmental chief steward. Over each
division, the union shall have one divisional chairman.
185. Steward for Each Department on Each S hift; Chief Steward on Each Shift
There shall be one (1) department steward for each department on each shift,
and one (1) chief shop steward on each shift.
ADJUSTMENT OF GRIEVANCES
41
186. Number of Departmental, Divisional, and Chief Stewards, and Negotiating
Committeemen Designated
The authorized representatives o f the union shall b e :
Departmental stewards (not more than one (1) for each fifty (50) em
ployees or fraction thereof for each shift in each department o f the
company) ;
Divisional stewards (not more than one (1) for each division o f the
com pany);
A chief steward and assistant chief steward;
A negotiating committee, consisting of not more than eight (8) members.
The company is to be kept advised by the union as to the names o f its authorized
representatives.
187. One Steward and One Alternate Steward fo r Each Department; Plant
Committee of 3 Members, Each of Whom Must B e From Different
Department
The union shall have the right to appoint a shop steward in each department
of each of the plants covered by this agreement, to care for union business.
The union shall also have the right to appoint another steward to act in the
absence of the regular steward.
The union shall appoint a shop committee of three (3) members from among
the employees o f the company, in each plant, no more than one o f whom shall be
from the same department.
188. Size of Grievance Committee Specified
The union shall select a committee of seven (7) from the employees repre
sented by it for the purpose of bargaining collectively with the company and
handling grievances, which committee shall be known as the union committee.
189. Maximum Number on Grievance Committee Specified
The union shall have the right to maintain a grievance committee comprised
of not more than six (6) employees which shall have the authority to represent
the employees in the adjustment of grievances and disputes.
190. Minimum and Maximum Number on Grievance Committee Specified; Actual
Number To Be Mutually Agreed Upon
The grievance committee shall consist o f not less than three employees and
not more than six (6) employees, designated by the union, who will be afforded
such time off, without pay, as may be required.
The actual number o f members o f the grievance committee shall be mutually
agreed upon between the general superintendent and the union. The grievance
committeemen shall be selected by the union from the departments which they
are to represent.
191. Multiplant Agreement: Local Management and Union Determine Number on
Plant Grievance Committee, Within Specified Limits. Ratio o f Assistant
Grievance Committeemen to Employees Varies With Size of Plant
A plant grievance committee shall consist of not less than three (3) nor more
than ten (10) employees of the plant (except in a plant o f 12,000 and over the
maximum may be increased to 13) * * *.
The actual number of members of the plant grievance committee shall be
mutually agreed upon between the management o f the plant and the
union * * *.
868744°—50----4
42
COLLECTIVE BARGAINING PROVISIONS
Where the grievance committee so decides, assistant grievance committeemen
may be designated by the union at any plant to aid the grievance committee.
The number of assistant grievance committeemen shall not exceed:
1 per 200 employees in plants of 5,000 and under;
1 per 300 employees in plants o f over 5,000 and up to 10,000;
1 per 400 employees in plants o f over 10,000 and up to 15,000;
1 per 500 employees in plants of 15,000 and over.
192. Two Committeemen From Each Craft Union; Number o f Stewards To B e
Mutually Agreed Upon
The union shall select a bargaining committee composed o f two (2) members
from each craft union and a mutually agreed upon (between company and
union) number o f active shop stewards. The duties of the committee shall be
to conduct negotiations and act in the final disposition o f grievances. The duties
o f the stewards shall be to adjust grievances in the first instance between the
aggrieved employee and the departmental foreman.
193. Qrievcmce Committee fo r Each Department
The grievance committee for each o f the main departments in the plant shall
consist of one man for each shift. For the purpose o f this article, the plant
shall be divided into four major departments: Coremaking, foundry, finishing,
and maintenance.
194. Committee for Each Plant; Each Department To Be Represented if Possible
An adjustment committee shall be selected by the union for each plant. Such
committee shall not exceed four members and shall include as nearly as possible
one man from each department. The members of such committee shall be
employees of the company to whom this agreement applies and shall be actively
employed.
195. Union Allowed 2 Weeks To Make Changes in Representation Structure
Necessitated by Change in Employment Level. Committee Chairman
Responsible fo r Proper Assignment of Representation Areas in Event o f
Shifts in Employment Which Do Not Substantially Affect Employment
Level
Where, in any unit, a change in the number of representatives, or from a
full-time to a part-time basis of representation or vice versa is required because
o f deviations in the number of employees working above or below the number on
Which its representation structure is based, the requisite changes shall be accom
plished within two (2) weeks of the notice to the local union of the occurrence
o f the deviation in employment requiring i t ; provided, however, That changes in
the ------ plant shall be based upon the employment level in the plant rather
than individual units. Employees on temporary lay-off, in accordance with
article — , section — o f this agreement shall be included in the number working
for purposes o f this section.
Where shifts in employment not affecting the over-all employment level of
the unit sufficiently to require a change in the structure o f representation take
place, it shall be the responsibility o f the chairman o f the unit committee to see
that representatives are assigned areas in such manner as to justify their devoting
full time to their functions, except that in t h e ------plant this principal shall
be applied on a plant-wide basis and the responsibility shall be upon the president
p f the local union.
ADJUSTMENT OF GRIEVANCES
43
106. Joint Designation of Department or Departments Which Each Shop Chairman
Is To Represent
The employer agrees that there shall be one shop chairman for each designated
department or designated groups of departments. The employer and the union
shall mutually designate these departments or groups o f departments. These
shop chairmen shall be responsible employees who have been employed by the
employer for at least 15 months, including 2,500 hours of work.
197. Number and Territories o f Stewards and Committeemen To B e Mutually
Agreed Upon
There will be stewards and committeemen on each shift throughout the plant,
their number and their territories to be mutually agreed upon by the company
and the union.
198. Number and Placement of Stewards Reopened for Negotiation in Event o f
Substantial Change in Company’s Operations
In the event of a substantial change in the company’s operations affecting
the physical location of departments or the number of personnel in the bargaining
units, the parties agree to negotiate as to an increase or decrease in the number
and placement of stewards, subject to the grievance and arbitration procedure
of this contract if necessary.
Selection
and
Q ualifications
Many agreements do not indicate how stewards, committeemen,
and other grievance representatives are to be selected, although some
agreements state that they are to be elected by the employees whom
they are to represent or are apopinted by the union. Often, however,
certain eligibility requirements fo r grievance representatives are speci
fied. Usually they must be employees o f the company and often they
must have a designated minimum length o f service. Some agreements
require in addition that they be American citizens and not members
o f any subversive organization. Another requirement frequently
stated is that the grievance representative be selected from the depart
ment or “ district” which he is to represent. In the case o f plant-wide
grievance committees, there is sometimes a requirement that as many
departments as possible be represented on the committee.
A few agreements state the length o f the terms which the grievance
representative is to serve.
Many agreements require the union to furnish the employer a list o f
the representatives who have been selected to handle grievances, and
to keep the list up to date.
199. Committeemen and Stewards Elected in Any Manner Determined by
Employees
Shop committee members and stewards shall be elected in any manner deter
mined by the employees.
200. Union Members at Each Mine To Select Committeemen m Any Manner
They Choosef But Consideration Given to Occupation in Order To Avoid
Interference With Production
All members o f such grievance committees shall be members o f ____union No.
_____ who shall be selected for each mine from members of said union there
44
COLLECTIVE BARGAINING PROVISIONS
employed, in such manner as the employees at each mine shall elect. In
selecting members o f the grievance committee consideration should be given
to their occupations so as to interfere with production as little as possible.
The committee may not be enlarged at any mine without mutual consent of the
parties hereto. A committee member shall continue to serve as such only so
long as he continues to be an employee at said mine.
201. Committee Members Elected or Appointed by Union
The company shall also recognize a shop committee, consisting o f not more
than five (5) members, the members of which shall be employees o f the company
and elected or appointed by the local union.
202. Grievance
A grievance
union in such
persons having
Committee and Stewards Appointed by Union
committee and department stewards shall be appointed by the
manner as it may provide. Membership shall be restricted to
had at least one (1) year’s standing as an employee.
203. Department Stewards To Appoint Assistants if Union Members Do Not
Elect Assistants
The members of the union shall elect departmental stewards or grievance
men to represent them in the departments. The departmental stewards shall
appoint assistants if the members do not elect assistants, or when vacancies
in the steward system occur.
204. Employees of Each Department To Elect Department Committeeman From
Their Own Members
The company agrees that the employees of every department specified above may
elect a department representative from their own members to be known as the
department committeeman.
205. Union To Supervise Election of Committee Members
There shall be elected by the employees in the plant o f the employer under
the supervision of the union a committee o f three (3) members to be known as
the plant committee, to be elected from among the employees in said plant.
The members of this committee shall be American citizens, or shall have first
papers, and shall have been in the company’s employ for ninety (90) days,
unless the plant has not been in operation for ninety (90) days.
206. Stewards Elected by Secret Ballot in the Plant During Working Hours
Shop stewards of the union shall be elected by the employees of each department
or unit, according to the units set forth in schedule A attached hereto. Such
election shall be held by secret ballot in the plant, in the month of January, during
working hours and shall be conducted by the union.
207. Elections for Shop Chairman and Committee Held Every 6 Months
Elections for shop chairman and a shop committee o f not more than three (3)
shall be held every six (6) months.
208. Grievance Committee To Serve fo r 1 Year
The regular term o f the grievance committee shall be one (1) year.
209. Steward Not To Serve Term o f More Than Year but Is Eligible for Recer
tification.
The term o f a steward shall not exceed twelve (12) months from the date of
certification. A steward is eligible for recertification.
ADJUSTMENT OF GRIEVANCES
45
210. Committeeman Must B e Employee, on Seniority List, and Working in Plant
No one shall be eligible to serve as a committeeman unless he is an employee
and until bis name has been placed on the seniority list and he is working in the
plant.
211. All Stewards and Committeemen, Except International Representatives,
To Be Employees o f Company and on Seniority List
No one except the international representative shall be eligible to serve as a
steward or committeeman unless he or she is an employee and until his or her
name be placed on the seniority list.
212. Two of 3 Members of Grievance Committee To Be Employees of Company;
No More Than 1 Member To Be From Same Department
The grievance committee shall consist of three (3) representatives of the union,
two (2) of whom shall be employees of the company and no more than one of
whom shall come from the same department within the company.
213. Union Plant Representative Need Not Be Employee o f Company
The union shall designate a representative (herein called the union plant
representative) for each of the plants of the company who need not be an em
ployee of the company and may participate in the investigation and adjustment
of grievances in accordance with the grievance procedure hereinafter set forth.
The union plant representative may have access, within the plant upon reasonable
cause and at convenient hours, to any worker or group of workers who may request
the company for his assistance in investigating or negotiating any grievance and
the representative o f the company will meet and confer with the union plant
representative at any stage of the grievance procedure hereinafter provided for.
214. Three Months' Seniority Required
All stewards, the chief steward, and members o f the bargaining committee are
to be employees o f the company with not less than three (3) months’ seniority.
No steward or committee member shall attempt to function in office until the
company has been notified in writing o f their selection.
215. One Year's Employment and 1 Year's Union Membership Required
Shop stewards o f the union shall have had not less than one (1) year’s employ
ment with the employer and one (1) year’s membership in the union.
216. Representative Must Have Been Employed or on Approved Leave of Absence
for 1 Y ear; Exception Allowed if Employee With 1 Year's Service Not
Available
Any representative provided for in the foregoing sections shall be an employee
of the company selected from among the employees he represents, and to be
eligible to hold such position, shall have been in the regular employ of the com
pany, or on approved leave o f absence, for at least one (1) year immediately
preceding his designation to such position unless an employee of at least one
(1) year’s service is not available.
217. Stewards Not To Be Probationary Employees and Must Work in Districts
Which They Represent
The district stewards and the building stewards shall be employees other than
probationary, working in their respective districts.
218. American Citizenship Required
Each committee shall represent only the district for which it is elected. Each
member of any grievance committee must be an American citizen and an employee
46
COLLECTIVE BARGAINING PROVISIONS
o f the company for at least one (1) year on the date of his election to said com
mittee and shall be eligible to serve only during the time he continues to be an
employee o f the company. The members of each committee shall be fairly
representative o f the various departments and divisions of work in the district
for which the committee is elected.
219. Steward Not To Be Member of Subversive Organization and Must Be Amer
ican Citizen or Have Taken Out First Papers To Become Citizen
That employees named stewards shall be citizens of the United States of
America or shall have taken out first papers to become citizens, and not be a
member of any subversive organization (one which advocates the violent over
throw o f the Government), and that in established departments they shall have
had at least six (6) months o f continuous service with the company.
220. Committeeman Must Have Been an American Citizen and a Resident o f State
fo r at Least 1 Year
No one shall be eligible to serve as a committeeman unless he is an employee
and until his name has been placed on the seniority list o f the company and he is
working in the plant. Bach employee serving as a committeeman shall be a
citizen o f the United States and a resident of the State of Tennessee for at least
one (1) year immediately prior to designation as a committeeman
221. One Local Union Officer To Act as Ex-Officio Member of Shop Committee
For the purpose of negotiating with the company and the disposition o f griev
ances, there shall be a shop committee consisting of three (3) members, including
the chairman of the shop committee. In addition, one (1) officer o f the local
union may act as an ex officio member of the shop committee.
222. Grievance Committee To Consist of Designated Shop Officers
The grievance committee shall be the shop steward, shop secretary, and shop
treasurer.
223. President of Union Not To Be Member o f Committee
All grievances shall be decided by the superintendent of the plant and a com
mittee composed of five (5) members of the union. The president o f the union
shall not be a member o f the shop committee.
224. Legal Advisers Not To Serve on Grievance Committee
No legal adviser of either party will be eligible to serve on any grievance
committee under the terms of this agreement.
225. Each Union Signatory To Agreement Must Be Represented on Grievance
Committee
The agents o f the union in the adjustment of grievances shall be selected by
the union from among the members of the affiliated unions participant to this
agreement. This committee shall consist of at least one (1) representative from
each such union: Provided, however, That not more than twelve (12) representa
tives as a total of all, exclusive of international representatives, shall participate
in any grievance meeting. The designated members of this committee shall be
certified to the company in writing over the seal of the local union they represent.
226. Employer Furnished List of Union Officers and Grievance Representatives;
Union Furnished List of Company Supervisors, List To Be K ept up to
Date
The union shall furnish the plant superintendent with a list o f its officers,
members o f the executive board, department committee members, grievance com
mittee members, and shall notify the plant superintendent promptly o f any
ADJUSTMENT OP GRIEVANCES
47
changes in such list. The plant superintendent shall furnish the chairman of
the grievance committee with a list of his supervisors who are to participate in
the settlement o f grievances, the areas over which they have jurisdiction, and
shall notify the chairman of the grievance committee promptly of any changes
in such list.
227. Steward or Business Agent Not To Have Any Authority Until Company
Given Written Notice of Appointment
No person shall have or exercise any of the authorities, powers, or duties o f a
shop steward or business agent in dealing with the company unless and until
written notice of his appointment signed by the union, revoking a prior appoint
ment, if any, shall have been filed with the personnel department.
D uties
and
R estrictions
W hile some adjustment work is perform ed by stewards after working
hours, in most cases provision is made for handling grievances and
for adjustment with the foreman on the job during working hours.
Stewards are quite frequently permitted to investigate complaints
during their regular hours and, if necessary, to visit other departments
in the plant.
In building construction and a few other trades the functions of the
shop chairman or steward are less important. Although he may han
dle some negotiations with the foreman, the major responsibility for
enforcement o f the terms o f the agreement rests with a full-tim e busi
ness agent. The steward in these trades is merely the medium through
which the business agent is kept in touch with working conditions and
is informed o f disputes that arise.
In plants operating under incentive systems, stewards sometimes
have the responsibility o f seeing that incentive rates and standards in
their units are not infringed upon, and that guarantees under the
agreement are upheld. Stewards may sometimes participate actively
in the actual process o f time-studying a job.
Union agreements occasionally contain provisions permitting stew
ards to examine various company records such as pay rolls and pro
duction bonus statistics. Seniority records are almost invariably
open to inspection by union stewards.
In many establishments, stewards and committeemen not only han
dle grievances but also act as representatives o f the union in other
respects, such as checking on compliance with the agreement, enforcing
company or union working rules and safety rules, collecting union
dues, posting bulletin board notices, promoting harmonious relations
between the employer and employees, etc. In some instances, the
same committee which handles grievances also acts as the union’s agent
in collecting bargaining contract negotiations.
The agreement usually designates the steps o f the grievance proce
dure at which the various categories o f stewards and grievance commit
teemen are to function. (See Steps o f Grievance Procedures, p. 22).
48
COLLECTIVE BARGAINING PROVISIONS
Where the grievance representative is assigned to a specific department
or “ district’5 o f the plant, he is usually allowed to handle only
grievances arising in his field.
Grievance representatives are often permitted t#o leave their work
to investigate, present, or adjust grievances, but many agreements
impose various restrictions on this privilege. Usually the representa
tive must notify, or must obtain the permission o f his foreman and,
in some cases, may not leave until a relief worker is available to take
over his work. I f it is necessary for a representative to visit a depart
ment other than his own, he is usually required to notify the foreman
o f that department o f his presence and the purpose o f his visit.
Various other restrictions are sometimes imposed on the activities
o f the grievance representatives; they may be forbidden to solicit
grievances, to attempt to give orders to employees or supervisors, or
to violate any company rules. In some instances, they may be removed
from office at the request o f the employer if they exceed their authority.
228. Functions of Committeemen Defined
The function o f a district committeeman is to handle grievances in the first
stage, to represent employees at hearings in disciplinary cases when called upon
to do so, and to pass necessary information on to the unit committee with respect
to grievances appealed to the second stage.
The function of the unit committee is to review and negotiate grievances in
the second stage, to prepare grievances not settled at this point for further review
in the grievance procedure, and to negotiate with local management on negotiable
local problems.
229. Duties of Grievance Committee Confined to Adjustment of Disputes. Mem
bers Who Exceed Their Authority Removed From Committee at Request
of Company
The duties of the mine grievance committee shall be confined to the adjustment
of disputes between the mine management and the miner or miners when the
miner or miners and the management have failed to agree. The mine grievance
committee shall have no other authority, nor shall it in any way interfere with
the operations of the mine, and for the violation of this clause any or all members
of the committee shall be removed from the committee by the union at the request
of the company, and shall be ineligible to serve as a committeeman or committee
men during the remaining term of this agreement. The mine grievance committee
in the discharge of its duties shall under no circumstances go around the mine
to the various working places for any cause except as aforesaid. The committee
shall have the right to take up a grievance only before or after regular working
hours, and the company will have its representatives on hand at such times.
230. Grievance Committee To R ear Complaints of Employees and May Present or
Assist in Presentation of Grievances
Jurisdiction of grievance committees. The grievance committees herein pro
vided for shall have the right to hear and consider complaints presented to them
by any employee which may arise under the terms o f this agreement, and may
present or assist said employee in presenting said complaint in accordance with
the procedure set out in this article o f the agreement.
ADJUSTMENT OF GRIEVANCES
49
231. Committeeman or Chief Steward May Investigate and Attempt To Clarify
Situation I f H e Feels That a Misunderstanding or Misinterpretation of
Contract May Cause Unauthorized W ork Stoppages
I f in the opinion of any committeeman or chief steward any of the terms or
provisions of this contract are being misinterpreted or not clearly understood by
an employee or group o f employees to the extent that such misunderstanding or
misinterpretation may result in an unauthorized work stoppage, the committee
man or chief steward may be allowed a reasonable amount of time during his
regular working hours to investigate and endeavor to clarify the situation.
In order to be allowed time for this purpose, it will be necessary for the commit
teeman or chief steward to notify his foreman of the location and nature of such
misunderstanding or disturbance.
If the foreman does not see fit to give such permission, the committeeman or
chief steward may appeal to the superintendent, his assistant, or the labor
relations office.
I f the foreman refuses permission as outlined above, the committeeman or
chief steward shall advise him before leaving the department that he is leaving
to make an appeal as described above.
If the committeeman or chief steward is given permission by any o f the above
representatives o f management to leave his work as outlined above, he shall,
upon entering another department relative to the foregoing, advise the foreman
of that department of the reason for his presence.
232. Designation o f Company and Union Representatives Authorized To Settle
Grievances at Each Step of Procedure
The company will notify the union o f the names of its representatives author
ized to settle grievances, together with any geographic or other limitations on
such authority. Within such limitations these representatives shall have full
power and authority to settle grievances fo r the company as follow s: imme
diate supervisors at step 1, general foreman or plant superintendents at step
2, departmental superintendents or their assistants at step 3, the president
of the company, or representatives designated by him at step 4.
The union will notify the company o f its duly appointed union representatives
and their alternates, the members and chairman of its departmental grievance
committees and the members and chairman of its general grievance committee,
together with the geographic or other limitations on the authority o f any of the
foregoing. Within such limitations these representatives and committees shall
have full power and authority to settle a grievance for the union, as follow s:
The union representatives at steps 1 and 2, the departmental committee at step
3, the general committee at step 4.
233. Union To Grant Stewards Such Authority To Settle Grievances as It Deems
Proper
The union may appoint a steward for each o f the departments of the plant
as it finds necessary, and it may grant to said stewards such pbwers o f settle
ment of grievances arising under the terms of this agreement as it deems proper;
provided, that the company shall only recognize and deal with such stewards as
are the subject of notification to the company by the union in writing, and then
only to the extent specified in such notifications
234. Alternate Steward To A ct Only in Absence of Steward
The alternate shop steward shall act as such only when the steward is absent
from his scheduled work.
50
COLLECTIVE BARGAINING PROVISIONS
235. Stewards To Investigate Complaints Thoroughly B efore Requesting Action
Stewards shall make thorough investigation o f all complaints before submit
ting them for action.
236. Steward To Present Grievances Which Are in His Opinion W orthy and To
See That Employees Comply With Agreement
A union shop steward is an employee elected by his fellow-employees in a
trade or department to present to the corporation grievances which are in his
opinion worthy, and to assure that the terms of this agreement are carried out
by such employees.
237. Steward To See That Union Members Comply With Working Rules of
Company and Local Union
The local shall elect or appoint a steward whose duties it shall be to ascertain
the standing of the men and women so employed, and to see that the members
of the local live up to the working rules o f the company and the local. His
duties shall in no way conflict with the duties to the company. Notice of such
election or appointment o f steward shall be given in writing to the company by
the local.
238. Steward's Duties Include Collecting Dues, Posting Notices o f Meetings, and
Enforcing Agreement, As Well As Adjusting Grievances
The union has the right to have a general shop steward for the garment shop,
and a general shop steward in the textile department, and assistant shop steward
for each craft, whose function it will be to collect dues, post notices o f meetings,
and see to it that the provisions of this agreement are lived up to. Each shop
steward and the bargaining committee for the garment department or the bar
gaining committee for the textile department, shall also attempt to adjust such
complaints, if any arise.
239. Committee To Enforce Agreement Provisions and Safety Rules as Well as
Handle Grievances
The present shop committee selected by the members of the union shall con
tinue, subject to such changes in said committee as the union may from time
to time make. It shall be the duty of the committee to see that all provisions of
this agreement are observed by all parties. The committee shall be recognized
by the company in taking up any grievance or complaint of any employee. It
shall also be the duty o f the shop committee to assist the company in the observ
ance of rules for safety and sanitation.
240. Committee Members To Settle Disputes and Promote Harmonious Relations
and Cooperation
Each member of the committee will be afforded the necessary time off with
pay at his regular rate of pay as may be required to attend regularly scheduled
or any grievance meetings with the company’s designated representatives for
the purpose o f settling any and all disputes; and to promote harmonious relations
and a spirit o f cooperation for the successful operation of the mine.
241. Collective Bargaining Committee Deals With Company on Contractual
Matters and Grievances
The collective bargaining committee shall be authorized to bargain with the
company on all contractual matters and grievances as hereinafter provided.
242. Steward Not To Leave His Work or District or Be in District Outside
Regular Working Hours Without Permission
The shop steward and the alternate shop steward will not without permission
leave their work, or go outside their district nor be in their district outside their
ADJUSTMENT OF GRIEVANCES
51
regular or assigned working hours, in the discharge of their duties as shop
steward.
243. Shop Steward Not To Go From One Department To Another To Discuss
Grievances
Shop stewards shall not go from one department o f the employer to another
department during working hours to discuss grievances.
244. With Exception of Chairman and Vice Chairman of Plant Committee, Union
Representatives May Handle Only Grievances Which Arise in Their Own
Districts
Foremen shall grant permission to union representatives, when it becomes
necessary, for them to leave their jobs for the purpose of handling grievances
arising in their respective districts. With the exception of the chairman and vice
chairman of the plant committee, union representatives shall handle only those
grievances which arise in their respective jurisdictions and they shall not leave
their respective districts to handle grievances except to discuss them with appro
priate representatives of management in accordance with the grievance procedure.
When leaving their jobs union representatives shall inform their foreman o f their
destination and shall report again to their foreman upon their return. When
it is necessary to enter a department or section o f a department supervised by
a foreman other than his own, a union representative shall immediately report
to the foreman of that department or section and advise him o f his presence and
purpose. In the event such foreman is absent, the next higher level of supervision
shall be so advised. When grievances arise which require investigation in another
jurisdiction, the steward shall refer them to the committeeman or the chairman
of the plant committee, as the case may be, for handling.
245. Senior Steward May Act on Grievances in Department Other Than His Own
When Steward in That Department Is Absent
The company will recognize one of the stewards designated by the union, in
writing, as senior steward. The senior steward will be a member o f the grievance
committee and the executive shop committee, and may, if the employee concerned
so requires, act on grievance matters in a department other than his own when
the steward in such other department is absent, but will engage in no other union
activities on company time.
246. Committeemen Permitted To Visit Departments Other Than Their Own for
Purpose o f Adjusting Grievances; Stewards9 Activities Confined to Their
Own Departments
A member of the grievance committee shall be permitted to visit departments
other than his own as and when necessary to investigate or assist in adjustment
of grievances after proper authorization has been given by the designated man
agement representatives in the departments concerned.
A steward (in his own department only) shall be permitted to assist in adjusting
grievances during his scheduled working hours. The foreman concerned shall
arrange to relieve such employee from his work for this purpose as promptly as
possible.
247. Plant Chief Steward May Visit Department Where Grievance Originated if
Additional Information Needed
Should the plant chief steward require additional information regarding the
grievance of the employee and the foreman’s answer, he may visit the department
where the grievance originated after notifying his foreman of his intentions.
52
COLLECTIVE BARGAINING PROVISIONS
When entering the department where the grievance originated, he will contact
the foreman and advise him o f his intentions. The foreman may furnish the plant
chief steward with any supplemental information.
Under no circumstances should there be any open discussion or argument on
the grievance at this point.
After his contact with the foreman, he will proceed to accumulate information
within the department relevant to the grievance. This must be done with as
little disturbance as possible.
248. Stewards and Committeemen To Request and Receive Passes When Leaving
Department or Plant To Adjust Grievances
Stewards and members of the grievance committee o f the union shall request
and receive passes from their immediate superiors whenever it is necessary to
leave their departments or plant to assist in adjusting grievances.
249. Employees Leaving Department To Adjust Grievances Must Obtain Foreman’s
Permission and Report to Foreman Upon Return
When it is necessary for any department steward, or chief department steward,
or any other union member or other employee to leave his department in order to
attend to the adjustment of grievances, he shall first report to his foreman and
obtain his permission before leaving his department so that, if necessary, a sub
stitute can be supplied for his work in order not to hold up production and he
shall report again to his foreman upon his return to his department in order to
prevent any loss of pay for the time he is absent.
During the absence from his department, a union steward should confine his
attention to the handling of a grievance, and, as soon as possible should return
to his department and resume his work without any avoidable delay.
250. Grievance Representatives Entering Another Department To Notify Depart
ment Supervisor of Reason for Their Presence
In the handling of a grievance a committeeman, chief steward, or shop steward
shall upon entering another department report to the supervisor in charge of
that department, stating his reason for being in that department.
251. Employee Not To Leave His Work or Enter Another Department Without
Permission of Foremen Involved, but Permission Not To Be Unreasonably
Withheld
In all the foregoing procedures it is agreed that an employee shall not leave
his work to discuss grievances or otherwise depart from departmental routine
without first obtaining express permission in each instance from his foreman,
which permission shall not be unreasonably withheld. No employee shall go into
any department other than his own without first obtaining permission in each
instance from the foreman in the department into which he wishes to go, which
permission shall not be unreasonably withheld.
252. Employees Not To Leave Work To Discuss Grievances, but Failure of Super
visor To Grant Promptly Requests for Steward Representation May Con
stitute a Grievance
In the conduct of the following grievance procedure, workers and assistant
stewards cannot leave the department or job at any time to discuss a grievance
unless requested to do so by their immediate supervisor.
An aggrieved member who wishes the representation of his assistant or chief
steward shall make the request through his immediate supervisor.
An assistant steward who wishes the assistance of the chief steward shall
request his assistance through the supervisor involved.
ADJUSTMENT OF GRIEVANCES
53
Failure on the part o f supervision to grant requests for steward representation
with a minimum o f delay may in itself constitute a grievance.
The chief steward will notify the supervisor when leaving his job to investigate
and resolve a grievance and upon his return shall report to his supervisor the
nature of the grievance handled. The right o f the supervisor to investigate as
to whether the steward is discussing a grievance shall at .all times be fully recog
nized. It is agreed that the chief steward shall restrict his absence from his
assignment to the prompt handling o f grievances, within the confines o f his
department; failure to comply with this section shall subject him to disciplinary
action.
A chief steward who wishes the assistance o f the building steward shall use
the nearest telephone to communicate with the building steward and then return
to his regular assignment.
253. Chief Steward and Bargaining Committeemen Permitted To Leave Work
if They Can Be Replaced; Manager o f Industrial Relations May Be Called
if Permission Refused
Stewards, when required to leave their work for the purpose o f participating in
the grievance procedure within their department as outlined in this article, will
notify the foreman. The chief steward or members of the bargaining committee
will be given permission to leave their departments when participation in the
grievance procedure requires, subject to the foreman’s ability to replace or relieve
this employee within a reasonable period o f time. If permission to leave is not
granted, then the bargaining committee may call the manager of industrial
relations.
254. Specified Union Officials Permitted To Leave Place of W ork; Others Not To
Do So Without Consent of Foreman
It is specifically understood and agreed between the parties, that, except for
the steward, area representatives, the plant chairman, the shop committee, and
the president, vice president, secretary and treasurer of the union, no other union
official shall, without a specific prior approval of his foreman, leave his place
of work, and for them, the plant chairman shall request permission.
255. Steward Not To Leave Job To Discuss Grievances Without Notifying Super
visor or Leaving Word for Supervisor. Number and Length of Confer
ences Kept to Minimum Consistent With Good Cooperation
The stewards shall have full and complete freedom to confer with the immedi
ate supervisor of the department involved in taking up and adjusting grievances:
Provided, however, That neither workers nor stewards shall leave the job at any
time to discuss grievances without first notifying the immediate supervisor when
ever possible. I f the supervisor is out o f the department, the steward must leave
a note on his desk as to where he is going. It shall be understood that the stewards
and officers of the union will keep the number and length o f conferences at a
minimum consistent with good cooperation.
256. Permission for Steward To Investigate and Process Grievances Not To Be
Unreasonably Refused but Is Subject to Necessity fo r Maintaining Unin
terrupted Operations
Shop stewards shall be permitted to investigate grievances, and to process
them, as provided in section 2 above, provided that in each case the steward shall
have obtained prior permission for such processing or investigation from his
foreman, which permission (subject to the necessity of maintaining orderly and
uninterrupted operations in the particular department or on the particular job)
shall not be unreasonably refused.
54
COLLECTIVE BARGAINING PROVISIONS
257. Stewards To Remain On Job Unless Called by Employee or Supervisor To
Handle Grievance; Normally Grievances Discussed at Beginning or End
of Shift
During working hours stewards will remain on the job unless called in by an
employee or supervisor to handle a grievance. It is understood that grievances
shall normally be discussed either at the beginning or end of the shift to prevent
interference with production; however, in the event that a situation arises
which cannot be postponed in the judgment of either the company or the union,
representatives of either shall request a prompt meeting which will, under such
circumstances be forthwith held.
258. Supervision Given Reasonable Opportunity To Procure Replacements for
Representatives Leaving Their Jobs To Handle Grievances
Supervision will be given reasonable opportunity to procure replacements when
necessary for stewards and committeemen leaving their jobs in the handling o f
grievances.
259. Grievance Representative Not To Leave Post Until Supervisor Provides
R elief Worker if Work Would Be Spoiled Otherwise
A committeeman or steward is not to leave his post to handle grievances,
if by so doing work would be spoiled, without first having necessary relief pro
vided by the supervisor of the department. Whether relief is necessary or not,
the committeeman or steward must first inform and obtain permission from his
supervisor before leaving his post to handle grievances. I f the company feels
this privilege is being abused, it will bring the matter to the attention o f the
grievance committee, who will undertake to prevent a continuation of such alleged
abuse.
260. Union Representatives Not To Investigate or Discuss Grievances During
First Hour of Work or First Hour After Lunch
Except in cases o f emergency, union representatives shall not investigate
grievances or discuss them with supervisory personnel during the first hour and
the first hour after the lunch period o f each shift.
261. Stewards Subject To All Company Rules
While stewards are elected to perform certain union functions, they are sub
ject to all company rules and regulations.
262. Stewards Not Authorized To Change Agreement; Settlement Contrary to
Agreement Not Binding
The stewards shall represent the union in handling grievances as is noted in
the grievance procedure. The stewards will not have authority to change an
article in this agreement, and no agreement or understanding if contrary to the
terms or provisions of this agreement shall be binding or enforceable.
263. Stewards Not To Give Orders to Employees or Supervisors
It is understood that the steward shall not interfere with his regular schedule
of work or the routine work o f any other employee unless it is done with the
permission o f the employer or its duly authorized representative. It shall
not be within the jurisdiction of the steward to give any order to employee nor
to any person serving in a supervisory capacity.
264. Union Representatives Not To Solicit Grievances
The union and the company clearly recognize that the union representative
may receive grievances from workers but shall not solicit same.
ADJUSTMENT OF GRIEVANCES
S pecial P rotection
and
55
P rivileges
Many agreements accord special protection to grievance representa
tives and grant them various privileges designed to facilitate their
grievance work. Often the employer pledges not to discriminate
against them in any manner. Some agreements further require that
the union be consulted before stewards or committeemen are dis
charged, laid off, or permanently transferred. Frequently, grievance
representatives are placed at the head o f the seniority list in the dis
tricts they represent, and are therefore the last to be laid off in the
event o f a reduction in force; one o f the chief justifications for top
seniority for union grievance representatives is that it results in more
effective settlement o f grievances by protecting the job status o f
trained and experienced union representatives and thereby promoting
the continuity o f their work. (F or additional clauses relating to
special seniority o f union officers as well as grievance representatives,
see Bulletin No. 908-11; Seniority.)
In order to provide representation to employees at all times, some
agreements allow the grievance representative to work overtime if
any o f his constituents, or a designated minimum number o f them,
work overtime.
Other privileges accorded grievance representatives include the
follow ing: Certain representatives designated by the union may be
employed only on the day sh ift; representatives may be allowed to
enter the plant on shifts other than their own for the purpose o f in
vestigating and adjusting grievances; use o f the company telephone
may be allowed to call fo r outside union assistance in adjusting griev
ances ; office space for the representative may be provided.
265. No Discrimination Against Stewards or Committee Members
The company agrees not to discriminate against stewards or union committee
members.
266. Stewards and Committeemen Not To Be Laid Off So Long As Any Work
Is Being Performed in Their Districts and They Are Able To Do the Work
In order to secure continuity of the bargaining relationship, the shop stewards
and shop committee named in the list referred to in paragraph A of this section
shall, in the event o f a lay-off, be continued at work so long as work is being
performed in their respective districts, provided they are capable of doing the
work done at that time.
267. Designated Number of Stewards To Have Top Seniority in Their Departments
Provided the company is notified in writing before notice o f lay-off, a total
of not more than seventy-five (75) stewards, other than temporary stewards,
including all divisions, but no more than twenty-five (25) in any one (1)
division, who have at least six (6) months’ continuous service, will have top
seniority in their department. Steward seniority can only be used at time
of lay-off. A department steward shall be an employee o f the department in
which he is appointed steward. I f a steward is transferred to another de
partment, his stewardship lapses.
56
COLLECTIVE BARGAINING PROVISIONS
268. Union May Designate Four Stewards, Committeemen, or Officers To Be
Placed at Head of Seniority List
The union shall have the right to designate from the seniority list four (4)
employees o f the company, whether stewards, committeemen or officers, to
be placed at the head of the seniority list in their respective types o f seniority
as herein agreed to for their term of office. Four of the stewards, committeemen
or officers so designated shall constitute the shop committee.
269. Committeemen First To Be Recalled From Lay-Off When Work Starts
in Their Districts
I f after complying with all of the terms o f this agreement either or both the
committeeman or the alternate committeeman are laid off, they will be the
first to be recalled in their regular group when work starts in that group on
their own jobs or on other jobs in their district that they can do.
270. Plant Chairmen and Committeemen Not To Be Transferred Without Mutual
Agreement o f Company and Union
The duly elected plant chairmen and committeemen shall not be transferred
from one shop or section to another unless such transfer is mutually agreed
to by the union and the company, and shall also be placed at the top of the
seniority list while acting as committeeman or plant chairman.
271. Union Notified Before Steward or Committeeman Discharged, Laid Off,
or Permanently Transferred
Twenty-four hours’ notice shall be given by the company to the union before
a steward or committeeman is discharged, laid off or permanently transferred
to another department, provided that the company shall have the right to
suspend forthwith any steward or committeeman whose conduct justifies such
suspension. Should it be found upon investigation that said shop steward
or committeeman has been unjustly discharged, laid off, transferred, or sus
pended, the company shall reinstate and compensate such shop steward or
committeeman for any wages (not more than thirty (30) days o f wages) lost
on account o f such discharge, lay-off, transfer or suspension.
Unless complaint is made by the union within five (5) days after the shop
steward or committeeman is alleged to have been unjustly discharged, laid off,
transferred, or suspended, the complaint shall be deemed to have been waived.
272. Union Consulted B efore Steward Permanently Transferred From One De
partment to Another; Consultation Not Required if Period o f Transfer
Less Than 8 Days
In the event an officially appointed union steward is permanently transferred
from one department to another, the union will be consulted in advance of
such transfer. This does not apply 16 temporary or emergency transfers of
less than three (3) working days.
273. Steward Entitled To Work Overtime if 10 Or More Of His Constituents
Work Overtime, and He Can Perform Available Work Without Training
Whenever ten (10) or more employees in a department are called upon to
work overtime days as provided in this agreement, the district steward shall
be entitled to work, if there is work which he is able to perform, upon receiving
directions needed to perform such work, without any training period, provided
he agrees to work when notified that overtime work is required. I f the district
steward is available in the plant, he shall be notified that such overtime work
is required at the same time as the other employees who are called upon to
work. I f the overtime work is not within the district steward’s job classification,
ADJUSTMENT OF GRIEVANCES
57
he shall be paid at a rate within the rate range for the job classification to which
he is assigned, determined with due regard to his regular rate o f pay.
A district steward shall not be entitled to be called earlier than the scheduled
starting time of his job because some employees in his district start work
earlier than his scheduled starting time. Nor shall a district steward be
entitled to be retained after his scheduled quitting time because some employees
in his district start later and quit later than his job.
274. Representative Entitled To Work Overtime if Any of His Constituents Works
Overtime. Only Grievances Arising During the Overtime Hours May B e
Handled "by Representative Working Overtime
A representative shall be entitled to work overtime, if he so requests, when
ever one or more of his constituents is called upon for overtime work, and there
is work available which he can perform. His privilege to leave his job during
overtime hours, however, is limited to the handling of grievances relating to or
arising from the work during these hours, in behalf o f constituents working
during such hours. The representative shall be notified, if he is available, of
the overtime work at the same time as are his constituents, who are to work.
275. At Least One Grievance Representative To Be Present if 20 or More Employees Work Overtime
Whenever the company has twenty (20) or more people working overtime,
there shall be at least one ( 1 ) union member of the bargaining committee or
steward body present. Such employee shall perform an available overtime job
before he shall be entitled to payment from the company for time spent in the
plant pursuant to this clause.
276. Local Officers and Grievance Representatives Assigned to Day Shift Wher
ever Possible
Local officers, grievance committeemen and stewards shall be assigned to work
day shift, wherever possible, unless operations require their assignment to the
second or third shifts.
277. Committeemen Assigned W ork on First Shift in Accordance W ith Their
Departmental Seniority
Committeemen will be assigned work on the first shift within their job classi
fications in accordance with their departmental seniority standings. Where
such seniority standings would not entitle committeemen to displace other em
ployees of greater departmental seniority, the company will assign them other
work as nearly comparable as possible with respect to their previous base rate
of pay and which they have the present ability to perform.
278. Chief Steward May Enter Plant at Any Time It Is in Operation for Purpose
of Discussing Grievances
The chief shop stewards shall be allowed to enter the plant during any hours
when the plant is in operation for the purpose of consulting with the repre
sentatives of the union on grievances affecting the company and any employee.
Such conferences to be held in a place designated by the company.
279. Chief Steward and Union President May Enter Plant on Shifts Other Than
Their Own To Investigate or Adjust Grievances
The chief steward and union president shall be authorized to enter the com
pany’s plants on shifts other than their own to investigate or adjust grievances.
868744°— 50------5
58
COLLECTIVE BARGAINING PROVISIONS
280. Chief Steward May Call Local Union President for Assistance in Investigat
ing Grievances
If in the investigation of a grievance, the plant chief steward requires the
assistance of the president o f the local union, he will contact him by telephone.
The local union president, after, first notifying his foreman, may meet with
him at the plant chief steward's desk to discuss the grievance.
281. Stewards Permitted To Call Union Office From Company Telephone With
out Charge
Stewards may without charge use the company telephone to call the union
office in * * *.
282. Grievance Committee To Have a Desk in the Plant
The grievance committee shall be given a desk in a convenient portion o f
the plant where each day between 1 2:30 and 1 :3 0 p. m., one member o f the
grievance committee shall be present to take up, and discuss with any grieved
employee, the question of grievances. This designated time shall be the exclu
sive and only time or place permitted for the discussing of grievances.
T ime
and
P ay A llowances
for
H andling G rievances
Some agreements require all grievance discussions to take place out
side working hours, but more frequently employee representatives are
permitted to leave their work to handle grievances, subject to certain
restrictions designed to curb possible abuses o f the privilege and to
prevent disruption o f production.
In many plants, union representatives are not only allowed time off
during regular working hours to settle grievances, but are paid by the
employer for some or all o f the time so spent. Unions generally favor
the principle o f company pay for grievance work on the ground that
adjustment o f grievances is also a service to the company and should
be financed by it. Some employers, too, believe that grievance pay is
beneficial because it attracts better union representatives and results in
more efficient handling o f grievances, thereby helping morale and plant
efficiency. Other employers object to paying for time not worked and
charge that representatives spend too much time on grievance work
when they are allowed pay for it.
The National W ar Labor Board, in a case involving the question o f
pay fo r union representatives for time spent in processing grievances,
pointed out that there are two diametrically opposed theories con
cerning the payment o f union representatives.2 One is that union
representatives have an independent function to perform and as such
should not be paid by management. The other is that the settlement
o f grievances is a personnel function o f management and its cost
should therefore be met by the employer.
However, the opinion o f the Board noted, that while these points
o f view should be considered by the Board in making its decision, the
2 M cQuay-Norris Co., Case 2 8 25-C S -D , July 3, 1943.
ADJUSTMENT OF GRIEVANCES
59
question o f company payment fo r such time “ cannot be approached
as a right o f the union and certainly not as a right o f committeemen
or stewards. It can only be properly considered as a phase o f the
problem o f making collective bargaining work most effectively in
the prompt and equitable handling o f grievances over the interpreta
tion and application o f the terms o f labor agreements.”
The Labor Management Eelations A ct o f 1947 contains restrictions
on payments to employee representatives. Section 302 (a ) provides
that “ It shall be unlawful fo r any employer to pay or deliver, or to
agree to pay or deliver, any money or other thing o f value to any
representative o f any o f his employees who are employed in an industry
affecting commerce.” However, Section 302 (c) also states that “ The
provisions o f this section shall not be applicable with respect to any
money or other thing o f value payable by an employer to any repre
sentative who is an employee or form er employee o f such employer,
as compensation for, or by reason of, his services as an employee o f
such employer.” Section 8 (a ) 2 o f the A ct provides that “ * * *
an employer shall not be prohibited from permitting employees to
confer with him during working hours without loss o f time or pay.”
The agreement references to grievance pay practices fall into three
broad categories: (1) The company w ill pay in fu ll fo r all such lost
time, or for all the time lost at the regular or “ usual” meetings; (2)
the company w ill pay for a specified maximum number o f hours (or
other lim itation) or only fo r activity undertaken at company request,
such as at meetings called by the com pany; (3 ) the company w ill only
allow time off with no pay.
Those agreements which provide pay to union grievance representa
tives for all working time spent on grievances usually state quite simply
that they shall “ suffer no loss o f pay” because o f grievance activity;
that grievance adjustment shall be “ on company time” , or that stewards
shall be compensated (at a specified rate) fo r all time spent on
grievance settlement during scheduled working hours; or that all
grievance meetings shall be held on company time.
A few agreements covering large plants provide fo r a designated
number o f representatives to devote fu ll time to grievance work.
Usually, however, only time actually spent on grievance work is paid
by the employer, and often a maximum lim it is placed on the amount
o f time so spent. The maximum is usually expressed as a designated
number o f hours per day or week, or, less frequently, per month or
year or sometimes as a maximum money allowance. Where the time
allowance is on a daily basis, the representative is sometimes allowed
to average the time over a week or longer period, since the time con
sumed by grievance work may vary greatly from day to day.
Where there are several successive levels o f steward representation,
as in large plants, different maximum time allowances are sometimes
60
COLLECTIVE BARGAINING PROVISIONS
set fo r each level. Consequently, chief stewards and members o f the
plant grievance committee are often allowed more time off than stew
ards. Usually the time allowance applies to representatives on an
individual basis, but in some instances, representatives draw from a
common “ pool” o f grievance time allowed for the entire bargaining
unit.
Another form o f limitation is to provide that stewards shall be reim
bursed by the company for time lost only at certain steps in the pro
cedure. Limitations may also be set on the number o f persons eligible
fo r paid grievance activity.
Some agreements allow pay only for regularly scheduled joint con
ferences with management; others lim it payment to conferences called
at the request o f management. Another arrangement is one which
sets the regularly scheduled meetings to take place half on company
time, with pay for union representatives, and half on the employees’
own time.
Other agreements merely state that a “ reasonable” amount o f paid
grievance time w ill be allowed and require the union to cooperate in
minimizing the time spent. The management may be allowed to
revoke or curtail this privilege if it is abused or to present the matter
as a grievance.
A few agreements not only provide wage payment for time spent
negotiating with management on grievances but also fo r time spent in
investigating employee complaints. In other instances, the represen
tative is allowed time off to investigate grievances, but without pay.
A few agreements require the union, rather than management, to
reimburse its representatives for time lost in handling grievances.
Payment is rarely made for time spent on grievance adjustment out
side regular hours since no loss o f working time is involved. A few
agreements, however, not only provide pay for such time, but pay at
the overtime rate usually where the representative remains overtime
at the request o f the employer. Few agreements specify whether time
spent on grievance adjustment is counted as time worked in deter
mining eligibility fo r daily or weekly overtime.3
3 The W age-Hour D ivision, which administers the F air Labor Standards A ct, has taken
the position that all time spent by employees during their regular w orking hours, in
grievance meetings or conferences with management, in accordance w ith the established
grievance procedure in the plant, must be counted as time worked fo r the purposes o f the
Act. This includes time so spent during any overtim e hours which the particular em
ployees w ould have been scheduled to work had they not been engaged in such grievance^
activities. There is nothing to prevent the employer and the union from providing, b y ’
agreement, that the union shall pay all or part o f the compensation due an employee fo r
time spent in such grievance work. However, since the prim ary obligation fo r the
payment o f com pensation due under the A ct rests upon the employer, if the union fails
to pay the em ployee fo r such time the employer would be responsible fo r such payment.
A ll payments made fo r such time, either by the employer or the union, are part o f the
regular rate o f pay.
ADJUSTMENT OF GRIEVANCES
61
The rate o f pay fo r time spent on grievance work is usually the
employee’s regular hourly rate if he is paid on an hourly basis although
some agreements stipulate a flat hourly rate, regardless o f the job rate
o f the individual representative. Piece workers may receive their base
rate or their average earnings computed over some previous period.
Agreements which provide that the company shall not pay fo r time
spent on grievance adjustment generally state that the union repre
sentative shall be given time off without pay. However, some o f these
explicitly note that he shall be paid if called for grievance action at the
company’s request.
Some agreements require payment not only fo r time spent on griev
ance adjustment but also for time spent in collective bargaining
agreement negotiations by employees who are members o f the union’s
bargaining committee.
283. Grievances Not Handled During Work Hours
All grievances shall be taken up after work hours.
284. Grievance Committeemen Allowed Unpaid Time Off To Transact Business
of Committee
This agreement provides for an orderly adjustment o f complaints. To this
end, the grievance committee fo r each mill shall be designated by the employees
who are members o f the union, the members of which committee will be afforded
such time off, without pay, as may be required to transact the business of the
grievance committee.
285. Time Off Without Pag for Purpose of Investigating Grievances
Each assistant grievance committeeman shall * * * upon reasonable
notice to and approved by his immediate supervisor be afforded such time off
without pay as may be required for the purpose of investigating the facts
essential to the settlement of any grievance.
286. International Representatives, Business Agents, and One Member of Local
Union May Participate at Final Step of Procedure hut Employer Not To
Pay for Their Time
The union retains the right to bring international representatives or business
agents and/or not to exceed one member of the local union into any meeting with
the company under the final step of the grievance procedure, it being understood
that the company wiU not pay for the time spent by the international representa
tives or such member of the local union attending any meeting as provided in this
section of the contract.
287. Company at Its Option May Offer To Pay Committeemen for Lost Time
The mill grievance committee referred to in this agreement shall consist of not
less than three (3) nor more than five (5) employees, one of whom shall be
chairman. The union will select the chairman and other members o f the mill
grievance committee, and will advise the company promptly in writing of any
such selection. After notice to and permission from their foreman or the super
intendent o f their department, members of the mill grievance committee will be
afforded such time off, without pay, as may be reasonably required for the
following purposes: (a) to confer within their respective departments concerning
grievance matters not settled in the first step of the grievance procedure, or ( b)
to confer within a department other than their own, after receiving permission
62
COLLECTIVE BARGAINING PROVISIONS
from a foreman or the superintendent of such department, concerning grievance
matters not settled in the first step of the grievance procedure, or (c ) to meet
with the representative of the general manager in the second step of the grievance
procedure, or (d) to consult together on plant property concerning grievances
in the second step of the grievance procedure, or (e) to consult outside the plant
with the representatives of the district organization of the union or any other
persons concerning any grievance matters.
The company shall be entitled at its option to offer to pay departmental
grievance committeemen for any time lost in connection with any o f the above
mentioned duties in the plant.
288. Stewards and Committeemen Allowed Time Off at Regular Rate of Pay To
Investigate, Present, and Adjust Grievances and Meet With Employer
It is understood that stewards and union grievance committeemen are employed
by the company to perform full-time production and maintenance work in the
classifications to which they are assigned, but it is further understood and agreed
that stewards and union grievance committeemen may take time off during their
regular working hours and be paid at their regular rate of pay by the company
to perform the following duties:
(a ) To investigate, present, and adjust any grievance that may arise
according to the grievance procedure.
(b) To attend, when necessary, any grievance or arbitration meetings
between the company and the union, or any meetings as provided in paragraph
(4) of this article (discussion of matters, except grievances, arising out of
application and interpretation of agreement).
289. Union President and Chief Steward Paid for All Time Spent on Union Busi
ness; W eekly Allowance for Time Spent by Other Stewards
The company agrees to pay the president of the union, the chief day steward
and the chief night steward, their hourly average earnings for all time spent during
regular working hours on union business and in addition thereto, the company will
credit the union with $15 per week for all time spent by other stewards.
290. Committeemen Paid for Time Spent on Conciliation
Conciliation jointly requested by the parties shall be considered as negotiations
for the purpose of paying committeemen for time lost from their regular scheduled
work.
291. Company Pays at Rate of Average Hourly Earnings for All Time Spent by
Employees in Carrying Out Grievance Procedure Down to Point of
Arbitration
All time spent by employees in carrying out the grievance procedure down to
the point of arbitration shall be paid by the company at the rate of average
hourly earnings.
292. Pay for Time Lost at First Two Steps of Grievance Procedure by Steward,
Committeemen, and Employee Involved
Where steps 1 and 2 of the grievance procedure take place during working
hours, the company will pay on a straight-time basis for time actually lost by the
shop steward, the union committeemen, and the employee involved. The employer
shall not be bound to pay for the time lost in attending to steps 3 and 4 of the
grievance procedure.
293. Pay for Designated Types of Representatives at Designated Steps of
Procedure
Pay at their regular monthly rate of pay will be allowed oflicially designated
union representatives, or their alternates as provided for in this article, for the
ADJUSTMENT OF GRIEVANCES
63
basic workdays o f their basic workweek, while engaged in the following steps of
the grievance procedure:
Stewards----------------------------------------------------------------- Steps 1, 2, and 3
Chief stewards-------------------------------------------------------- Steps 3, 4, and 5
Local union president-----------------------------------------------Steps 4 and 5
294. Company To Pay for Lost Time in Excess of 15 Minutes at Any One Time
No time off shall be taken by any steward for the handling o f a grievance
without notification to his foreman. Any time so spent in excess of 15 minutes
at any one time during working hours dealing with a representative of manage
ment at any level of the grievance procedure, shall be at the expense of the
company. Time spent in the handling o f any other union business shall be at the
expense of the union.
295. Steward, To Spend Only 15 Minutes on Any One Grievance
In general, the shop steward shall not spend more than fifteen (15) minutes in
dealing with any individual grievance, and the company will pay him, at his base
hourly rate, for the time so spent.
296. Stewards Allowed Designated Hour During Day To Consult With Employees
Regarding Grievances
Department stewards shall be allowed one (1) hour per day (1 to 2 p. m.) when
necessary, to consult with the employees in their department regarding grievances.
297. Designated Humber of Representatives To Serve on Full-Time Basis
For the period from the effective date of this contract until March 1,1949 the
said employees shall have the right to be represented by nine (9) full-time union
employees exclusive of time study stewards and thereafter for the duration of
this agreement by ten ( 10 ) full-time employees exclusive o f time study stewards.
These representatives shall all be employees of the company and members of the
[international union], lo ca l------ . One o f such representatives in each case shall
be designated as chief steward.
298. First Shift Plant Chairman on Full-Time Basis When Employment on Shift
Exceeds 7,000
The union may elect a committee o f employees o f the company from each shop
or section, whichever is applicable, who will be known as the shop committee.
There will be a plant chairman on the first shift. The union may elect a plant
chairman on any other shift on which more than fifty (50) employees within the
bargaining unit are working. The plant chairmen shall be elected by the com
mitteemen o f their shifts. The union agrees to use discretion in the number of
committeemen to be selected. The first shift plant chairman may be on a full time
basis during any period in which total employment on the first shift exceeds 7,000.
“ Full time” shall be considered to be eight ( 8 ) hours per day Monday through
Friday unless the normal workweek for the company’s operation is changed in
which event “full time” shall be interpreted to correspond with such changed
normal workweek.
299. Pay fo r One-Half o f Time Spent Negotiating Grievances
The time spent in handling grievances during working hours shall be de
ducted, except that employees who are authorized representatives o f the union
shall be paid for one-half o f the time spent by them in negotiating with the
superintendent or the works management during working hours on grievance
matters.
64
COLLECTIVE BARGAINING PROVISIONS
300. Chief Steward Allowed Paid Time Off Averaging One-Half o f His Regular
Working Hours
The chief steward shall be allowed up to one-half time o f his regular working
hours, not including time spent in grievance committee meetings, for the pur
pose o f acting as the union’s representative in the plant and shall be paid b>
the company for such time on the basis of his average hourly earnings for
the preceding quarter. Said half time shall be an average on the basis that
some weeks shall demand more or less than half time. In the event that the
one-half time allowance for the chief steward above provided for proves un
satisfactory, the union shall have the right to discuss the matter with the com
pany and, if mutually agreed upon, some other arrangement put into effect.
301. Daily Time Allowance fo r Chief Steward Averaged Over Workweek and
Based on Number o f Employees Represented
Each chief steward shall be allowed the time needed to review grievances
at step 2 not to exceed the hours per day, averaged over his regularly scheduled
workweek, indicated below :
Number of employees represented
Time allowance
Up to 600___________________________________ 4 hours
601 to 1,000__________________________________ 6 hours
Over 1,000---------------------------------------------------- 8 hours
302. W eekly Time Allowance for Investigating Grievances; Time Not Cumulative,
but if Comitteeman Has Used up His Allowance, Committeeman From
Adjoining Area May B e Called
Each collective bargaining committeeman will be allowed to leave his work
for a period not to exceed ten ( 10 ) hours (including the time used by substitute)
in any one (1) week for the purpose of investigating grievances. This time
allowance shall not be cumulative beyond one (1) week. In the event that
a collective bargaining committeeman has used up the time allotted him, the
shop steward in that area may call a committeeman from the adjoining area
for the purpose o f investigating grievances.
303. Limitation on Number o f Paid Hours Per W eek Which Steward May Spend
in Handling Grievances
Shop stewards shall be afforded such time off from their regular work as
may be required to handle such grievances as cannot reasonably be delayed
until after regular working hours. If time so spent by any steward in handling
grievances during regular working hours exceeds the accumulated total of two
( 2 ) hours for any workweek, reimbursement by the company for time so spent
may be limited to two ( 2 ) hours’ pay.
304. Paid Time Off Limited To 4 Hours Per W eek for Each Steward; 20 Hours
Per W eek for Plant Chairman, and Total of 100 Hours Per W eek for
Combined Membership of Shop Committee
Grievances may be taken up during working hours and the employees who
are official union representatives shall be compensated by the employer at their
regular rates of pay for the time properly spent in the taking up o f grievances.
Such pay shall be limited in the case of stewards to four (4) hours per week
per steward and in the case of the members of the shop committee, when acting
as such, to a total of 100 hours per week for the combined membership of the
shop committee. The 100 hours per week herein provided for the members of
the shop committee shall be exclusive o f the pay they may otherwise be entitled
to, such as steward’s pay, etc.
ADJUSTMENT OF GRIEVANCES
65
The plant chairman shall receive up to a maximum o f twenty (20) hours
per week.
305. Multiplant Agreement: Uniform Time Allowance fo r District Committee
men. Shop Committeemen Allowed, More Time for Grievance Adjustment
in Large Plants Than Small Plants. “Reservoir" o f Grievance To Be
Drawn Upon During the Week Is Established at Beginning of W eek
(a ) It is mutually agreed that the prompt adjustment o f grievances is de
sirable in the interest of sound relations between the employees and the manage
ment. The total amount o f time which may be used in any week by the district
committeemen for the purpose o f adjusting grievances and meeting with sub
management shall not exceed two ( 2 ) hours per day, averaged over the week;
the total amount of time which may be used in any week by members o f the
shop committee for the purpose o f adjusting grievances and meeting with
management shall not exceed the following:
(b) In plants o f fifteen hundred employes or less, four (4) hours per day,
averaged over the week; in plants of over fifteen hundred employees, five (5)
hours per day, averaged over the week.
(c) The total amount o f time for any week shall be based upon the number
o f days the plant is scheduled to run, multiplied by the number o f daily hours
allowed in paragraph (a ). This total time will then constitute a reservoir for
the district or zone, as the case may be, and will be available at the start
o f the week to be drawn upon during the week.
(d ) When a committeeman is replaced by his alternate or if there is a new
committeeman elected, or if the union designates a temporary substitute for
a shop committeeman, the reservoir of available hours will be the same as
though there had been no change in the committee personnel.
306. Maximum Number of Hours Per Month for Time Lost by Entire Grievance
Committee; Employees To Endeavor To Maintain Normal Production
During Absence o f Grievance Representatives
Time lost by the regular members of the grievance committee shall be con
sidered as time worked, but not to exceed twenty-five (25) hours per month
for the entire committee. During the absence of any steward or grievance
committee member to adjust grievances, fellow employees will, without addi
tional pay, endeavor to maintain normal production.
307. Total Payments for Lost Time Not To Exceed Designated Sum Per Month
Meetings with the employer will be set so that a minimum amount o f work
time will be lost. A union representative who loses actual time from his regular
scheduled work on account of attending such meetings or other union business
within the plant will receive pay from the employer for the time lost at his
regular average hourly rate. Payments to representatives for time lost due to
such meetings shall not exceed an aggregate sum of one hundred ( 100) dollars
per month. It is understood that no representative or other employee shall
leave his department or place o f work to attend meetings or discuss grievances
without the permission o f his supervisor.
308. Designated Number o f Hours Per Year Allowed for Settlement of Grievances
and Promotion o f Good Labor Relations
Certified representatives of the union, not to exceed twelve in number, shall
be allowed a maximum of 12,480 hours per year fo r time to be spent in the
settlement of grievances and the promotion o f good labor relations between the
employees and the management of the department.
66
COLLECTIVE BARGAINING PROVISIONS
309. Pay for Time Spent at Meetings To Consider Matters Initiated by Manage•
merit
Representatives of the union who are requested by the company to attend joint
conferences with the management during their regular working hours to consider
matters initiated by the company may attend such conferences without loss of pay
at their average earnings, whether such conferences are on or off company
premises.
310. Minimum of 2 Sours Pay at Time and One-Half I f Meeting Called by
Company Outside Regular Working Hours
The members of the grievance committee shall be paid at one and one-half
their regular rate of pay for all time necessary, in event they are called into
conference by a company representative, at any time other than regular working
hours, with a minimum of two (2) hours’ pay. Time spent in such conferences
shall not be deducted as a part of the regular scheduled workweek.
311. No Pay for Meetings Requested by Union
I f the union requests a meeting, other than the regular meetings, then the
committeemen who attend the meetings will receive no pay, or in other words,
whenever the union requests a meeting with the management other than the
regular meetings, it will be held on the employee’s own time.
312. Union Reimburses Representative for Time Lost in Presentation and Discus
sion of Grievances; Company Pays for Time Lost at Meetings Which
It Calls
Time of all meetings shall be arranged so as to have as little working time
lost as possible. Union representatives losing time from their work at the plant
by reason of discussing and presenting grievances as hereinbefore set forth shall
be reimbursed by the union. Union representatives losing time from their work
at the plant by reason of attending meetings and conferences at the request of
the management, other than those specified by the terms of this agreement, will
be reimbursed for such time lost at their regular rates by the corporation.
313. Pay for Time Lost at Company Request; i. e., I f Grievance Is Found To Be
Justified
Bach representative of the union officially designated and recognized by this
agreement who loses time during his working hours, at the request o f the
company, in the manner provided in this agreement shall receive pay therefor
at a rate equal to his average earned rate for the preceding six ( 6 ) pay periods,
without the inclusion of overtime earnings. The phrase “ at the request o f the
company’’ as used in the preceding sentence shall mean that the company will
pay for the departmental steward’s time in case the grievance is found to be
justified.
314. Employer Pays for Time Lost by Committeemen at Meetings During Working
H ours; Union and Employer Share Cost of Meetings A fter Working Hours
Members of the bargaining committee or the grievance committee shall be
paid by the [company] for the time consumed by these meetings if such meetings
are held during working hours.
If such meetings are held after working hours members o f the bargaining
committee or the grievance committee, shall be paid for the time consumed on the
basis of one-half (% ) by the [company] and one-half (% ) by the “ union” .
Payments made for the time consumed by such meetings shall be on the basis
of regular hourly base rate.
ADJUSTMENT OF GRIEVANCES
67
315. Multiplant Agreement: Pay fo r Time Spent on Grievance Work Shared
Equally "by Company and Union. Details Worked Out Locally
The company agrees to divide equally with the union the payment for time
spent within the plant by union representatives (in the active employ of the
company) during the representatives’ regular working hours in the adjustment
of grievances and in collective bargaining with local management. All details
of this provision shall be incorporated in local supplements. Local grievance
procedure shall be established to provide for the efficient and prompt settlement
o f grievances.
316. Investigation o f Grievances To B e at Expense of Union to “Fullest Extent
Possible?' but Exceptions Permitted
The investigation o f grievances by the union shall be on its own time and
at its own expense to the fullest extent possible. However, cases may arise
where investigation can be made conveniently on the job or on company property
during working hours, in which case the following rules shall apply:
(1) In cases where such investigation requires a union representative to be
absent from company duties, he will be excused with pay for regularly scheduled
time lost up to one ( 1 ) hour for any one grievance, provided that on each such
occasion he obtains permission from his supervisor to leave and reports back
promptly to his supervisor;
(2) In cases where such investigation requires a union representative to
enter company property which is within his geographic authority, he will be
permitted at all reasonable times to do so upon stating the purpose for such
entry and obtaining the permission o f the supervisor in charge of the property.
Such entry shall be subject to such safety and other working requirements as
the supervisor in charge of the property may impose;
(3) In cases where investigation requires consultation with employees at
work, such consultation shall not exceed one ( 1 ) hour and shall be made only
by arrangement with the supervisor of the employee involved.
317. Pay fo r “ Reasonable Amount of Time Spent"; Union To Cooperate in
Minimizing Time Spent
Stewards and union representatives as referred to in steps one, two, and three
above shall be paid at their basic rates of pay for a reasonable amount of time
spent in their respective capacities in the adjustment o f any grievance, and
the union agrees to cooperate in keeping the time thus spent to the minimum
amount required in the respective instances.
318. Company Reserves Right To Limit Amount o f Paid Time for Grievance
Work if Privilege Is Abused; Union notified Before Action Is Taken
Stewards and committeemen who lose time during regular working hours in
handling grievances, shall receive pay therefor at their base rate; but the
company reserves the right to cut down the amount o f time to be thus paid for
when, in the judgment of the company, such privilege is being abused. The
curtailment of such privilege will not be made without notifying the union in
advance.
319. Employer May Discontinue Payments if Unreasonable Amount of Time
Spent, but Union To Be Given Advance Notice
The above payment practices for time spent conferring with management
are contingent upon the reasonableness of the amount of time so spent. When in
the company’s judgment, the amount o f time so spent is not reasonable, the
company will notify the union before discontinuing payment.
68
COLLECTIVE BARGAINING PROVISIONS
320. Excess Time Spent on Grievance Work May Be Made the Subject of a
Grievance
The company agrees to pay for the company time lost by any duly authorized
and designated union representative in the prompt and orderly disposal of
grievances up to and including the third step of the grievance procedure. In the
event that either party to this agreement is of the opinion that excess time is
being spent on the disposal of grievances by any representative o f either party,
the matter may be referred by either party directly to the grievance appeal
committee for solution, and if not there disposed of, the same may be made the
subject of a grievance at that step.
321. Committee Members Reimbursed for Expenses Incurred Attending Meetings
as Well as Pay for Lost Time
Members of the several grievance committees will be compensated at their
respective regular daily rates of pay for each day such member is in attendance
on any regular scheduled meeting before the district superintendent or division
manager for the hearing of a complaint. Committee members shall also be
reimbursed for their reasonable and necessary expenses incurred in attending
such meetings.
N ote .—This agreement covers operations scattered over an entire State, and
committee members may be required to travel from their stations to district or
division headquarters.
322. Special Account Set up for Grievance Costs
To keep an accurate account of grievance costs, a special account (352) has
been established. All time spent on grievance or related problems shall be
recorded either on job cards or in the usual manner in the department.
323. Pay for Grievance Time Allowed Unless Ruled Illegal by United States
Supreme Court
All the time spent in the plant by the plant grievance committeemen in the
settlement o f disputes, shall be paid by the company at their regular rates of
pay. The parties hereto believe that the provisions of this section are entirely
proper and in conformance with existing law on the subject. However, in the
event that the Supreme Court o f the United States shall rule that any similar
provision is illegal, then it is understood and agreed that the provisions o f this
section shall forthwith become inoperative and void.
324. Time Spent Attending Meetings Paid for but Not Considered in Computing
Overtime
Employees of the company, members of the brotherhood’s committee, repre
senting the local unions above mentioned, will be allowed time off to attend
meetings with company officials. They shall give their foremen, or superin
tendent, reasonable notice in advance of their desire to attend such meetings.
The company will pay these men at their regular rates for the time lost from
their regular work, when attending such meetings, but in no case will time spent
in attending such meetings be taken into account in computing overtime. It is
understood, however, that except for the foregoing, nothing shall be done which
will interfere with the regular work of any company employee.
325. Time Spent in Meeting With Company Representatives Counted as Hours
. Worked in Determining Premium Pay for Sixth and Seventh Days
Grievances, except those of an emergency nature, shall be taken up after
working hours. The members of the .shop grievance committee and the bargain
ing committee shall not be paid for time spent in settlement of grievances and
ADJUSTMENT OF GRIEVANCES
69
bargaining; but any such time as is spent by the members of the shop grievance
committee, the bargaining committee, or the stewards in meeting with the repre
sentatives o f the company shall be counted as hours worked in determining
premium pay for the sixth and seventh days worked. The shop grievance
committee members will be paid at their average straight-time earnings for all
time lost when meetings are held at the request of the company.
326. Time Spent on Grievance Work Paid at Hourly Rate, or at Average Earned
Rate for Previous W eek, if Committeeman Is Pieceworker
General grievance committee members, not exceeding three (3) in number, and
piece-price review committee members not exceeding two ( 2 ) in number shall
receive their hourly rate of pay while necessarily investigating or considering
grievances referred to them in accordance with the provisions of this agreement
during regular working hours, or, if pieceworkers, shall receive their averaged
earned rate for the previous week.
327. Pay for Incentive Workers Based on Most Recent Quarterly Average Hourly
Earnings
Wages for union business shall be paid on the following basis: (1) An hourly
rated employee shall be paid at his own hourly rate. (2) An incentive worker
shall be paid at a rate equal to his most recent quarterly average hourly earn
ings. However, an incentive worker in the mechanical divisions shall be paid
his hourly rate plus incentive earnings equal to the department’s most recent
quarterly average hourly incentive earnings.
328. Flat Hourly Rate
The company will pay at the rate o f $— per hour for time spent by chief
stewards and the plant committee in negotiating grievances.
329. Full-Time Representative Paid at Rate He Was Receiving at Time of As
suming His Duties, Plus Any Production Bonus or Automatic Increase He
Would Have Received Had He Remained on His Old Job
(a) A full-time representative shall continue to be paid by the company at
the rate he was receiving at the time o f assuming his duties except that his rate
shall be adjusted in accordance with any adjustments made in the rate for the
classification he then held. He shall be deemed to be an active employee o f the
company for the purpose of applying the vacation plan.
(b) Notwithstanding subsection (a) o f this section, it is agreed by the parties
that if a full-time representative is elected to that position from a job coming
under a production bonus plan, he shall continue to receive a bonus equal to
that he would have earned had he continued on his old job.
(c) Notwithstanding subsection (a) of this section, it is agreed by the parties
that if a full-time representative is elected to that position from any classification
of work coming under the provisions of a written automatic step-up agreement
based exclusively on classification and seniority without reference to ability or
qualification, he shall be reclassified to that classification which he would have
received had he continued working on his job and the necessary adjustment shall
be made on his rate.
330. Steward To Receive Extra Pay
Said shop steward in addition to his regular rate o f pay shall receive the
sum of $1 for each day worked, but not in excess of $5 in any weekly pay-roll
period.
70
COLLECTIVE BARGAINING PROVISIONS
831. Committeemen Paid at Overtime Bate if Requested To Work Overtime in
Handling Grievances
I f at the request of the chairman o f the union bargaining committee and
management, committeemen are requested to put in overtime in handling a
grievance, they shall be paid at overtime rate for the time spent.
332. Committeemen, Stewards, and Other Employees Attending Grievance Meetings Entitled To Overtime Payments They Would Have Received Had
They Remained on Job
The company agrees to pay at straight-time, members o f the union grievance
committee, shop stewards, and other employees whose presence is required,
either by the company or the union at grievance meetings dealing with matters
in article X I, section 5 [Grievance and Arbitration Procedure] of this agreement
and held through mutual consent o f both parties during the hours when above
employees normally would be working.
An employee attending the meeting as specified above will be entitled to any
overtime payments he would have received had he remained on his job.
In case his entire department works overtime after the completion of the
regular hours and he is still held in the meeting, he will receive the overtime o f
the department.
Pay
for
T ime S pent N egotiating A greement
333. Committeemen Who Are Scheduled To Work, Allowed Time Off for Contract
Negotiations; Committeemen Who Are Off Duty To Serve Without Pay
During contractual negotiations the union committee will neither gain nor lose
time. Men on the committee who participate in the negotiations will not be re
quired to work their regular shift, if they are scheduled to work. Men on the
committee who are off duty will serve without pay.
334. Pay for Time “ Necessarily and Reasonably” Spent in Negotiations; No More
Than 2 Employees From Any One Plant To Be Paid fo r Negotiating Time
Employees who are designated members of negotiating committees by the
bargaining unit shall be reimbursed by the employer for time lost from employ
ment while engaged in negotiations. This provision shall not, however, apply to
grievance procedure nor to time devoted to arbitration proceedings as provided
for in this agreement. Not more than 2 employees from any one plant shall be
entitled to receive pay for time lost under this provision, and the negotiations
for which time lost shall be paid, shall be limited to the time necessarily and
reasonably employed in negotiations, if any, relative to a renewal, revision, or
modification o f this agreement at the close of the term as herein provided.
335. Paid Negotiating Time Limited to 82 Hours for Each Committeeman
In the case of collective bargaining during contract negotiations conducted
during the 60-day negotiating period mentioned in article IX hereof, the time
allowed and paid for on the aforementioned basis shall be limited to 32 hours
per committeeman.
NONEMPLOYEE UNION PARTICIPATION IN GRIEVANCE ADJUSTMENT
Many agreements define the right o f persons not employed by the
company, particularly union representatives, to participate in griev
ance adjustment. The local union is often explicitly authorized to
call in its business agent or representatives o f the international union
with which it is affiliated, for assistance in adjusting grievances with
ADJUSTMENT OF GRIEVANCES
71
the employer. Some agreements also allow the employer to request
the participation o f international union representatives. Other
agreements accord the international union the right to have its rep
resentatives present at grievance discussions at its own discretion.
Frequently, however, participation o f the international union is
allowed only in the latter stages o f the grievance procedure. A few
agreements prohibit participation by anyone except employees o f the
company.
Various restrictions are sometimes imposed on outside union repre
sentatives’ right to enter the plant to assist in grievance adjustment:
For instance, management must be notified in advance; the number o f
representatives who may enter the plant at any one time may be lim
ited; the representative must be accompanied by a management offi
cial, must obey safety rules and may not hold the employer liable for
any injury suffered while on his premises. (F or additional clauses,
see Bulletin No. 908-12: Union and Management Functions, Rights,
and Responsibilities.)
The employer, too, may be permitted to obtain the assistance o f
representatives from any association o f employers o f which he is a
member.
336. Either Party May Call Upon National Officer of Union for Assistance in
Adjusting Grievances
Where necessary, the workmen’s committee shall have the right to call in a
union representative. Either party shall have the right to call upon a national
officer of the union to assist in adjusting grievances.
337. Either Party May Call in International Officers or Representatives if Griev
ance Reaches Third Step
The company will recognize and deal with such committeemen and stewards in
the handling of grievances as provided in the grievance procedure but either
party has the right to call in international officers or representatives if the
grievance reaches step 3.
338. International Representatives of Union May Participate in All Grievance,
Mediation, and Arbitration Meetings Beginning With Fourth Step of
Grievance Procedure
It is understood and agreed that international representatives of the union
may participate in all grievance, mediation, or arbitration meetings beginning
with step 4 in the grievance procedure. It is also understood that either union
or management may call into the meeting such people as they believe may help ip
the fair settlement of a grievance.
339. International Representative and Any Additional Representatives Desired
by Either Party Participate at Fifth Step of Procedure
Step 5.— Grievances which have not been satisfactorily settled as hereinbefore
provided shall within seventy-two (72) hours, Saturday and Sunday excluded,
be reviewed jointly by the general manager of the company and/or his appointees,
the collective bargaining committee and an international representative of the
[union}, with additional representatives as either party may desire..
72
COLLECTIVE BARGAINING PROVISIONS
340. Participation of District Representative or International Officer at Option
of Local Union at Any Step of Procedure
Should a difference arise between an employee and the company or a group of
employees and the company as to hours of labor, wages, or any other situation
or question which may arise, such shall be settled by the following procedure:
1. Employee and shop steward with department foreman.
2. Employee and shop committee with industrial relations.
3. Employee and shop committee with general manager.
It is agreed the district representative or an international officer may assist in
any of these steps if the local so desires.
341. International Representative May Be Present or Participate at Discretion
of Local Bargaining Committee
An international representative of the union may be requested to be present
or participate in the handling of a grievance at the discretion of the [local] top
bargaining committee.
342. Upon Appeal From Local Union, President of International Union May Par
ticipate Personally or Through His Representative
I f the manager of the mills or such representative of the company fails to
adjust the complaint in a satisfactory manner within five (5) days, the local
union involved has the right to appeal to the international president of the inter
national union involved, who may either personally or through his representative
refer the matter in dispute to the manager o f mills of the company or his repre
sentative.
343. Representative of American Federation of Labor May Settle Grievance
A duly authorized representative o f the American Federation of Labor may
take part in any matters concerning or affecting the union and shall be permitted
to enter the plant for the purpose of settling a grievance after the proper steps
of the grievance procedure have been followed and shall be accompanied by a
company Labor Department representative.
344. International Representative of Union Has Right To Participate in Meetings
Between Grievance Committee and Manager
It is mutually understood that in all meetings between the grievance commit
tee and the manager a duly accredited international representative of the union
may, if he so desires, participate. Either party may summon witnesses to
present evidence.
345. Business Agents of Local Union and Representatives of Regional or Na
tional Office of Union May Participate
In any negotiations, meetings, grievance proceedings or arbitrations involving
the company or employees of the company, the union shall be represented only
by employees of the company, including the president of the union, and by not
more than three (3) business agents of the [local] union and not more than two
( 2 ) official .representatives o f the regional or national office of the [international
[Union].
346. Local Union Business Representative May Be on Grievance Committee
In the event no conclusion is reached, a grievance committee, composed o f not
more than five (5) employee representatives, designated by the union shall meet
with the management’s designated representatives. If so desired by the union’s
committee, the local union business representative shall he a jpart o f this com
mittee.
ADJUSTMENT OF GRIEVANCES
73
347. Other Unions in Plant May Be Represented in Grievance Meeting if Settle
ment Might Affect Them
When a grievance is presented by any union under contract in this plant, the
settlement of which might directly or indirectly affect one or more o f the other
unions, then before final action is taken such affected union or unions shall be
notified and will be properly represented in the meeting if they so desire.
348. Association Agreement: International Union Representatives May Be Pres
ent as Counsel and Advisors at Joint Relations Board Meetings; Employer
May Also Have Outside Assistance
It is agreed that in any case appealed to the joint relations board, international
officers or representatives of the international brotherhood concerned are entitled
to be present as counsel and advisers, and that the employer party may be simi
larly represented by persons engaged in the industry; Provided, That no more than
three such representatives may be present on behalf of each party. Such repre
sentatives may if they desire call and question all witnesses called before said
board.
349. Either Party May at Any Step of Procedure Request Presence of Anyone
Having Knowledge o f Grievance
Either party shall have the right to request the presence o f any person or per
sons having knowledge o f the grievance in question at any step set forth in this
procedure.
350. Aggrieved Employee May B e Called as Witness "by Either Party
Any employee submitting a grievance may be called by either party to appear
as a witness when his case is being reviewed.
351. Only Employees of Company To Participate in Grievance Negotiations
It is further agreed that all matters concerning grievances of employees of the
company when considered by the above-mentioned [union] shall be considered and
acted on solely by those members of said [union] who are employees o f the
company.
352. International Representative May Enter Plant if Settlement of Dispute Re
quires Observation o f Operations
I f in order to settle a grievance it becomes necessary for an international rep
resentative to observe during working hours the operations about which a dispute
has arisen, so as to understand the case, he will be permitted to'enter the plant
to make such observations, subject to the approval o f the director o f industrial
relations.
353. Business Agent Has Access to Plant During Working Hours for Purpose of
Adjusting Grievances but Must Notify Manager When He Enters Plant
The business agent and the duly accredited representatives of the union shall
have access to the plant during working hours for the purpose of investigating
grievances. The business agent shall notify the mill manager, when he goes into
the mill and to which department he had been called.
354. Representatives Admitted to Plant at Suitable Times To B e Agreed Upon;
Representative To Make Investigations B rief and Interfere With Produc
tion as Little as Possible
The employer agrees to admit to its workrooms at suitable times to be agreed
upon, the authorized representative of the union f or the purpose of investigating
868744°—50---- 6
74
COLLECTIVE BARGAINING PROVISIONS
grievances o f union members. The union agrees that such representative will
make investigations brief and try at all times to interfere as little as possible
with production.
355. Union Representatives Have Access to Plant Subject Only to Safety Rules,
But Company May Require That He Be Accompanied by One of Its Offi
cials; Representative Not To Disclose Confidential Processes of Company
Authorized representatives of the union shall have access to the plant, subject
only to the customary safety rules, but only for the purpose of conducting legiti
mate union business, including the discussion of grievances with individual
employees and the checking, observation or verification of studies being made for
the purpose of setting or resetting incentive rates or standards for the application
thereof.
The company may require that the representative of the union be accompanied
by an official of the company while within the plant. It is agreed that such
visits to the plant by the authorized representatives of the union shall not
interfere with the orderly operation of the plant or the normal work duties of
any employee. It is agreed that the authorized representatives o f the union will
not disclose any confidential processes of the company.
356. No More Than Two Union Representatives To Visit Plant at Any One Time;
Names and Purpose of Visit Stated in Application for E ntry; Company
Not Liable fo r Any Injury Suffered While on Plant Premises
Upon proper application to plant manager, stating the purpose and name or
names o f representatives, any authorized representative or representatives o f
the union will be granted the privilege of entering upon the properties of th e -----company at any time during daylight hours solely for the purpose o f investigating
or assisting in the settlement of any grievance of union members; Provided,
That not more than two (2) such representatives shall be granted such privilege
at any one time, and provided that such activities do not result in loss of working
time of employees. The company shall not be liable in any way for any injury
suffered by such representative or representatives while on plant premises.
UNION-MANAGEMENT GRIEVANCE COM MITTEES
Many agreements, particularly those with associations o f employers,
establish joint committees on a continuing basis, to review grievances,
throughout the life o f the agreement. In a few industries, the bi
partisan committee operates for virtually the entire industry.
Some agreements provide for the selection o f a joint committee only
when the need arises to discuss a particular dispute. By the appoint
ment o f an impartial member, such committees may become arbitration
committees (see p. 81, A rbitration).
The composition o f the committee is sometimes specified by the
agreement. F or instance, multiplant agreements may require that
the committee include representatives o f both the local and national
union and representatives o f both local plant management and the
central office o f the company. Some agreements require that a desig
nated number o f the members o f the committee must not previously
have participated in negotiations regarding the grievance.
a d ju stm en t
of
g r ie v a n c e s
75
357. Industry Grievance Committee Composed of Representatives o f Employers9
Association and Union
The firm agrees that any grievances that cannot be settled between the union
agent and the representative of the firm are to be submitted to th e ------ industry
grievance committee, which grievance committee shall consist o f three (3)
members designated by the [employers’ association], and three (3) members
designated by the union.
358. Company and Union Each To Have Three Representatives on Board o f
Review. Board To Determine Its Own Rules and Procedure. Expenses
of Board Shared Equally by Company and Union
I f a grievance is not adjusted or disposed of, promptly and to the satisfaction o f
the parties, through the grievance procedures, it shall then be submitted, on the
written request o f either party, to a board of review consisting of six ( 6 ) members,
of whom three (3) shall be selected by the [company] and three (3) by the
joint council [o f the union]. Such request shall state fully the claimed grievance
and name such party’s nominees for the board of review.
The board of review shall convene within fifteen (15) days from the date of
receipt of the request of either party, unless a later date is mutually agreed
upon in writing. It shall select a chairman and co-chairman from among its
members, shall determine its own rules and its own procedure in the particular
case, and shall accord to each party such informal hearing as the board deems
to be just and appropriate. The board may receive and consider written docu
ments and statements of the parties, together with oral testimony or statements.
A decision by a majority of the members of the board of review, after hearing,
as to the grievance, shall be final and binding upon the company and upon the
union, its members, and upon all of the employees, and shall be complied with by
each of them, for the duration of this contract or until such decision is meanwhile
abrogated or modified by the board of review or by the written agreement of the
parties to this contract or by the determination of a board o f arbitration if the
grievance is one subject to its jurisdiction.
A board o f review shall have no jurisdiction or power to amend, modify, supple
ment, vary, disregard or contravene any provision of this contract in any respect
whatsoever, or to hear and determine any matter except in such respects as are
specifically authorized by this contract. Any other paragraph of this contract
which relates to the board of review shall be construed strictly and consistently
with this article.
Any expenses of the board o f review, but not including compensation or ex
penses of the members representing the respective parties, shall be borne and
paid equally by th e ------ Company and the union.
359. Multiplant Agreement: Review Board To Include Representatives o f Inter
national and Local Unions, and Rational and Local Plant Management.
At Least Two Representatives on Each Side Must Not Have Had Any
Previous Participation in Negotiation o f the Grievance
The plant review board for a plant in th e ------ area shall be composed of four
( 4 ) persons representing the union and four (4) persons representing the com
pany. The union director shall be the [Director o f specified department of
international union] or an international representative designated by him, the
chairman o f the unit committee for the unit from which the grievance arose or
a substitute from the unit selected by him, the president of the local union having
jurisdiction over the plant or his designated representative, and one ( 1 ) addi
76
COLLECTIVE BARGAINING PROVISIONS
tional person designated by the president of the local union. The company
representatives shall include at least one ( 1 ) representative o f the management
of the plant concerned and at least one ( 1 ) representative of the national man
agement. At least two (2) o f the representatives from each side at each meeting
shall be persons who have not participated in the negotiations on any grievance
to be considered prior to its reaching the third stage [plant review board is third
stage]. The parties may by mutual agreement eliminate one o f the local union
representatives and one ( 1 ) company representative from the plant review
board.
360. Chairmanship of Labor Relations Board To Alternate Between a Company
Representative and a Union Representative. Decision of Majority of
Board Binding, Except Unanimous Decision Is Required if Any Board
Member Is Absent.
I f a grievance is not disposed o f under (b) above within three (3) days
{ Saturdays, Sundays, and Holidays excluded) after reduced to writing, either the
company or the union may present the same to the labor relations board at its
next regular meeting. The labor relations board shall consist of the three (3)
union committeemen appointed as provided in article — section — hereof and
three (3) representatives of the company. This board shall meet regularly each
Thursday at 10 a. m. One of the union members of said board shall act as
chairman thereof for the first two ( 2 ) months, one ( 1 ) of the company members
shall act as chairman for the next two ( 2 ) months, and every two ( 2 ) months
thereafter the chairman shall alternately be a member o f the union and a com
pany representative. Special meetings of said board may be called when neces
sary to dispose of matters of extreme urgency. The union may have its business
manager or other representative, and the company may have its labor relations
director or other representative present at any such meeting, who shall have a
voice, but neither of whom shall have a vote in matters under consideration.
Tw o representatives o f the union and two (2) representatives o f the company
shall constitute a quorum. The decision of said board must be unanimous if any
member is absent; otherwise a majority decision shall be binding upon the
parties to this agreement.
361. Joint Grievance Committee Becomes Board of Arbitration by Addition of
Impartial Member if Company and Union Representatives Unable to
Reach Agreement
There is to be created a grievance committee, the members o f which shall
consist of two ( 2 ) members selected by the party of the first part and two ( 2 )
members selected by the party o f the second part. Said grievance committee
shall have full charge of all referred disputes, wage and hour suggestions, recom
mendations and various matters that may come before such a committee, and
they shall determine the same if they can reach an agreement. In case, however,
said four (4) members cannot reach an agreement within forty-eight (48) hours,
then a fifth member shall be chosen by the Industrial Commission of Wisconsin.
The decision of a majority of said five (5) shall be final and conclusiye upon
both*parties hereto.
362. Employer To Pay Cost if Decision of Joint Relations Board Is Adverse to
Him
In any case where the decision o f the joint relations board is adverse to the
employer, the actual and necessary cost incurred by the appealing local and the
employee members o f the board, as approved by the board, shall be paid by the
employer.
ADJUSTMENT OF GRIEVANCES
77
MEETINGS BETWEEN MANAGEMENT AND UNION GRIEVANCE COM M ITTEE
Many agreements which do not provide for joint grievance com
mittees, do however, require regularly scheduled meetings between
union grievance committees and management to negotiate appealed
grievances. The frequency o f the regularly scheduled meetings is
generally specified in the agreement. Some multiplant agreements
schedule regular meetings at more than one step, i. e., at the plant
level (next to last step) and at the company level (last step). Even
where regularly scheduled meetings are provided, provisions are
sometimes made for skipping the meeting if it is not necessary. On
the other hand, meetings “ on call,” to handle emergency matters, are
also specifically allowed in some agreements which set regular meet
ing dates. These agreements may state that all discharge or dis
ciplinary disputes for example, shall be handled immediately, at a
special meeting, rather than at the next regular meeting.
Kegulariy scheduled meetings are favored by some unions because
they assure a hearing on grievances within a prescribed period, and
by some companies because the time that management officials must
spend on hearing grievances is scheduled and limited. Other union
and management officials, however, prefer meetings “ on call” to reg
ularly scheduled meetings, because they provide the necessary flex
ibility for more prompt disposition o f complaints, and the number
o f meetings can be adjusted to the case load.
363. Semiweekly Meetings. Emergency Matters May B e Presented, Without
Waiting fo r Meeting
Two specified periods per week shall be agreed upon between the chairman
of the plant committee and the management for the settlement o f grievances.
Matters such as discharges or similar cases that cannot be reasonably delayed
until the time of the next meetings, may be presented prior to the next regular
meeting, upon request in accordance with the above provisions.
364. Weekly Meetings at Designated Hour
Wednesday of each week at 3 p. m. is hereby set as the meeting date for
shop committee meeting with management. By mutual agreement other meet
ings may be held in case o f emergency.
365. Meetings Weekly if There Are Grievances To Be Considered
Members of the shop bargaining committee and the plant superintendent shaU
meet on one ( 1 ) afternoon o f each week, as may be agreed upon, whenever
there are grievances to be considered.
366. Semimonthly Meetings
The regular meetings shall be held on the second and fourth Tuesdays o f each
month, the exact hour to be mutually agreed upon between the union and the
management. Special meetings may be called by agreement between union and
management.
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COLLECTIVE BARGAINING PROVISIONS
367. Monthly Meetings Held A fter Working Hours. Pay for Time Spent if Held
During Working Hours at Request of Employer
Union grievance committee consisting of not more than three (3) employees
shall meet with the respective representatives of the company to discuss griev
ances on the first Tuesday o f each month at five (5) p. m. No employee shall
be a member of this committee when any grievance in which he is involved is
to be considered. In case o f emergency additional meetings may be called by
mutual consent of the company and the union. All meetings of the committee
shall be held after working hours unless requested by the company to be held
during working hours, in which event the committee members shall be paid at
their regular hourly rate, excluding overtime for the time spent at said meetings.
368. Grievance Meetings Held During Working Hours Only if There is Mutual
Agreement That Postponement Would Seriously Injure Employee's In
terests
Grievance meetings will be held only after working hours unless it is agreed
between the company and the union that serious injury to the interests o f an
employee or the company would result if the meeting were postponed to the end
o f the working day.
369. Meetings Held As Often As Necessary
The grievance committee shall meet with the management as often as neces
sary.
370. Meetings Held at Request of Either Party hut Reasonable Time To B e
Allowed for Arranging Meetings
Meetings between the company and the grievance committee will be held upon
the request of either party to this agreement, provided, however, that reasonable
time be allowed for arranging such meetings.
371. Union Requests for Meetings With Management To Be Granted Promptly
All requests for hearings or meetings with the officials of the company by repre
sentatives of the union upon complaints of employees will be granted promptly
and without unnecessary delay.
372. Union To Submit Agenda Prior to Meeting
The union will list on the agenda any matters they desire to bring up at the
union-management meetings. This agenda will be submitted to the personnel
director two ( 2 ) working days in advance of the meeting time.
MEDIATION
In some agreements, the terminal point o f the grievance procedure
is mediation by an outside impartial agency, usually the Federal Medi
ation and Conciliation Service or a State mediation service. Some
insist on the use o f conciliation services as a regular part o f their fu ll
adjustment procedure, while others make its use optional. In other
agreements, mediation is an intermediate step prior to arbitration,
and some o f these provide that mediation may be omitted and arbitra
tion immediately invoked by mutual consent. A few agreements
provide fo r mediation only on nonarbitrable issues.
ADJUSTMENT O F GRIEVANCES
79
373 . Grievance May B e Mediated if Parties Unable To Settle Dispute Through.
Grievance Procedure
I f the matter is not concluded at two (2) meetings [between grievance com
mittee and company representatives at last step o f grievance procedure] then the
grievance may be referred to the Federal Mediation and Concilation Service fo r
conciliation.
374. Mediation Required B efore Resort to Arbitration
In the event that the employer and the union fail to adjust a grievance arising
under this grievance procedure, the parties, before resorting to the arbitration
procedure provided in this agreement, mutually agree to request the services of
governmental conciliation, mediation, or other appropriate Government agency
in an effort to settle such grievance. In the event that the grievance is not settled
through the aid of such conciliation or mediation, any further proceedings shall be
dealt with in accordance with the provisions o f article — (Arbitration).
375. Either Party May Avail Itself o f Mediation Facilities of United States
Government
During the pendency of such grievance either party to this agreement may
avail itself of the services o f the conciliation or mediation channels provided
by the United States Government.
376. Mediation on Nonarbitrable Issues at Request of Either Party
In the case of a matter not within the jurisdiction of the arbitrator referred
to in the above subsection A either party may ask the Secretary of Labor of the
United States to designate a commissioner of conciliation to make recommenda
tions as to how the matter should be adjusted.
377. Mediation May Be Omitted and Arbitration Invoiced by Agreement of
Employer, International and Local Unions
I f the above-named parties are unable to settle the grievances to the mutual
satisfaction of the parties within two ( 2 ) days, the matter shall be reviewed
immediately by the above persons and by a commissioner o f conciliation from
the Federal Mediation and Conciliation Service unless there is unanimous agree
ment by the employer, the international union and the local union to proceed to
arbitration as provided by s te p ------ .
378. Mediation Not To Delay Arbitration Hearing
At any time between the determination at step E [last step o f grievance pro
cedure] and the commencement of the arbitration hearing, the parties agree,
on request of either, to further consider the grievance with the aid of represen
tatives o f the Federal Mediation and Conciliation Service or o f the Michigan
State Labor Mediation Board, which, however, shall not delay or postpone the
hearing on said arbitration.
379. Arbitration Postponed Until Conciliation Has Become Effective or Until
Technician's Report Has Been Filed
Either party to this agreement may, prior to the arbitration as herein pro
vided request the conciliation service of the United States Department o f Labor
to send a Commissioner of Conciliation and/or one o f its textile technicians to
assist in a settlement of the issues. In the event such request is made, the arbi
tration hearing shall be postponed until the conciliation has become effective
or until the technician’s report has been filed.
380. Arbitrator To Try To Mediate Grievance B efore H e Arbitrates
Whenever either party concludes that further conferences in the procedure
set forth in step 4 cannot settle the grievance, such party may, not later than
80
COLLECTIVE BARGAINING PROVISIONS
ten (10) days from the date of the last step 4 meeting on the grievance, refer
the grievance to the New York State Board of Mediation (hereinafter referred
to as the hoard).
This reference shall be in writing and shall be served upon the board and
the other party. Upon receipt of such reference the board shall appoint an
arbitrator to act upon the grievance. The arbitrator shall first try to mediate
the grievance, but if this cannot be done, he shall arbitrate the grievance.
381. Strikes and Lock-Outs Banned During 90-Day Mediation Period. Mediation
Committee May Add Neutral Chairman at Its Discretion
Should this outlined procedure fail to obtain a satisfactory settlement, there
will then be declared a ninety (90) day mediation period during which time the
union agrees not to strike or stop work, and the company agrees that there will
be no lock-out of any of its employees. This mediation period will be used by the
union and the company to thoroughly investigate the complaint, and render a
recommendation acceptable to both the union and the company. The mediation
committee may at is discretion call to its aid the services of a neutral chairman.
The finding of the mediation committee will be issued as a recommendation to
both parties to this agreement.
Arbitration
Arbitration o f disputes between labor and management is today
a commonly accepted principle in American labor relations. A rbi
tration is a peaceful, voluntary method o f settling disputes by a person
or persons chosen by the parties to the dispute. It is used only after
the parties have failed to settle the dispute themselves, through direct
negotiation. A fter a hearing, at which both parties voluntarily sub
mit their evidence and arguments, the arbitrator makes a decision and
issues an award which the parties have voluntarily agreed in advance
to accept.
A t the President’s Labor-Management Conference o f 1945, both
labor and management representatives unanimously endorsed arbi
tration as the last step in a sound grievance procedure:
The parties should provide by mutual agreement for the final determination
of any unsettled grievances or disputes involving the interpretation or appli
cation of the agreement by an impartial chairman, umpire, arbitrator, or board.
In this connection the agreement should provide:
(а) A definite and mutually agreed-upon procedure of selecting the im
partial chairman, umpire, arbitrator, or board;
( б ) That the impartial chairman, umpire, arbitrator, or board should
have no power to add to, subtract from, change, or modify any provision
of the agreement, but should be authorized only to interpret the existing
provisions of the agreement and apply them to the specific facts o f the
grievance or dispute;
(c) That reference of a grievance or dispute to an impartial chairman,
umpire, arbitrator, or board should be reserved as the final step in the pro
cedure and should not be resorted to unless the settlement procedures of the
earlier steps have been exhausted;
(d) That the decision of the impartial chairman, umpire, arbitrator, or
board should be accepted by both parties as final and binding;
(e) That the cost of such impartial chairman, umpire, arbitrator, or
board should be shared equally by both parties.
Any question not involving the application or interpretation o f the agreement
as then existing but which may properly be raised pursuant to agreement pro
visions should be subject to negotiation, conciliation, or such other means of
settlement as the parties may provide.
Where an agreement contains a renewal clause and a change or modification
or reopening of the agreement is requested by either party, or where the existing
agreement is about to be terminated, ample time prior to the termination of
the agreement should be provided for the negotiation of a new or modified
agreement. If such negotiations should fail, the parties should make early
use of conciliation, mediation, and where mutually agreed to, arbitration.
Nothing in this report is intended in any way to recommend compulsory arbi
tration, that is, arbitration not voluntarily agreed to by the parties.
81
82
COLLECTIVE BARGAINING PROVISIONS
By and large, arbitration is an informal and flexible process. The
parties themselves, by mutual agreement, establish their own rules
o f procedure, select the arbitrator or establish a method fo r his
selection, fix time limits, define the problem or issue to be submitted,
and mutually agree that within such limits the arbitrator’s decision
shall be final and binding.
Unlike mediation and conciliation, arbitration is not actually a
part o f the collective bargaining process, although it is often con
sidered an adjunct o f collective bargaining. Unlike mediation, which
involves mutual concessions and which allows the interested parties
to retain the right o f final decision on a disputed point, arbitration
does not involve compromise and takes the final decision out o f the
hands o f the disputants. Having voluntarily agreed to arbitrate,
the parties are bound to accept and carry out the arbitrator’s decision.
Tw o unvarying elements must be present in arbitration, regardless
o f the flexibility o f all other features. First, the arbitrator or arbi
trators must be impartial. I f a board is established that includes
partisan representatives, the impartial member or chairman has the
deciding vote. Second, there must be a final and binding decision
embodying the judgment o f the arbitration tribunal, not merely an
attempt to bring the parties together in their own settlement; and
the decision must be within the authority granted the arbitration
tribunal.
Basically, arbitration is a substitute for economic action—the strike
or lock-out. In fact, the agreement to arbitrate is frequently coupled
with a “ no-strike, no-lock-out” provision covering all matters subject
to arbitration.
Arbitration may be either a temporary ad hoc arrangement, set up
separately fo r each individual dispute, or it may be a permanent
arrangement, the same person or board acting as arbitrator fo r the
duration o f the agreement.
The impartial agent to whom unsettled disputes are referred for
final disposition may be designated as arbitrator, impartial chairman,
or umpire. The matter o f terminology is unimportant. The signifi
cant factor, regardless o f the title by which the impartial person is
called, is the scope o f his authority (or his function), and this differs
from agreement to agreement. Under some contracts, the arbitrator
(ad hoc or permanent) may have a restricted scope. Under others,
his jurisdiction may be virtually unlimited, including the final dis
position o f any unsettled grievance related to working conditions
or even the terms o f new agreements.
In collective bargaining, it is customary to distinguish between
questions o f interpretation or application o f specific clauses in agree
ments which have already been negotiated and are in force and dis
ARBITRATION
83
putes over the terms to be included in a new or a renewed agreement.1
The first type o f arbitration is used to settle controversies that in
evitably arise during the day-to-day application o f the agreement
to plant operations. The second type is used to settle differences
over the basic terms o f employment that should be covered in a new
contract. In the first instance, the arbitrator might be considered
to act in a judicial or quasijudicial capacity, passing judgment on
the intent or meaning o f the disputed clause or its relation to a given
situation. In the second instance, the arbitrator is normally held
to be acting in a legislative capacity.
But there are no clear-cut distinctions between these two approaches.
Whether an arbitrator w ill act strictly as “ judge” or “ legislator” or
w ill prudently combine both o f these functions is determined by the
views o f the arbitrators themselves as to their function; the history
and maturity o f the bargaining relationship; the contractual limita
tion on the scope o f the arbitrator’s authority; and various other
factors. Particularly is this the case in connection with disputes aris
ing during the life o f a contract.
Most collective bargaining agreements include provision for arbi
tration o f unsettled disputes. Such provisions vary widely in their
detail. In some agreements, arbitration is provided for by a single
statement, such as “ unsettled disputes w ill be referred to arbitration” ;
in others, by carefully detailed clauses, incorporating definite scope
o f issues, rules, or procedure, methods o f selecting arbitrators, time
limitations, etc. The absence o f an arbitration provision does not, o f
course, preclude the employer and union from mutually deciding to
have a specific dispute arbitrated at any time by mutual agreement.2*
The scope o f arbitration usually includes only disputes over the
interpretation and application o f the terms o f the contract. The con
tract terms are established through collective bargaining; settlement
o f disputes over the terms o f a new contract, or amendment o f an ex
isting contract, only infrequently is within the arbitrator’s jurisdiction.
Keferral o f unsettled disputes to arbitration after exhaustion o f
the grievance procedure is usually automatic (except for nonarbitrable issues), although a few contracts allow arbitration only by
mutual consent.
Most agreements provide for ad hoc arbitration, that is, selection
o f an arbitrator or arbitration board for each dispute after negotia
tions have failed. Others, however, provide for the designation o f an
arbitration board or impartial chairman to function throughout the
life o f the agreement. In the absence o f permanent arbitration ma
1 A rbitration can also be used to settle jurisdictional disputes between tw o or more unions
as to which shall have ju risdiction over certain jobs or kinds o f work.
2 Such an agreement is called a submission agreem ent; its form is especially prescribed
by statute in m any States.
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COLLECTIVE BARGAINING PROVISIONS
chinery, when the employer and union must agree upon the choice
o f an arbitrator after negotiations have failed, there may be a situa
tion o f mutual distrust in which agreement upon an arbitrator is
difficult. Some agreements, therefore, provide fo r the selection o f an
arbitrator by a disinterested third party if the employer and union
cannot agree within a reasonable time. The appointing agencies most
frequently designated are the Federal Mediation and Conciliation
Service, various State labor boards, and the American Arbitration
Association, a private agency.
Agreements often set time limits for some or all stages o f the arbi
tration procedure. Sometimes they include detailed rules and regula
tions pertaining to the conduct o f the arbitration proceedings, admis
sion o f evidence, and related matters.
The expenses o f the arbitrator are usually borne equally by the
parties. A few agreements require the losing party to bear the total
cost.
Nearly always, both the employer and the union are pledged to
accept the arbitration award as final and binding.3 Frequently agree
ments include provisions relating to the retroactivity o f the award,
especially where unjustified discharge or the adjustment o f wage rates
is involved.
REFERRAL TO ARBITRATION
Nearly all contracts which include arbitration machinery permit
either party to refer unsettled grievances to arbitration, or require
all unsettled grievances to be automatically submitted to arbitration.
A relatively few contracts allow arbitration only by mutual consent
or state that the question o f referring a dispute to arbitration shall be
considered at the time that negotiations have failed to produce an
adjustment; a clause similar in effect permits either party to initiate
arbitration and even take such preliminary steps as the appointment
o f its representative to an arbitration board but cancels the right to
arbitration i f the parties are unable to agree on an impartial arbi
trator. Some agreements allow arbitration only at the request o f the
party which initiated the grievance; others state that the union or the
aggrieved employees may refer grievances to arbitration, but do not
specify whether the employer has that right.
Where arbitration may be initiated by either party, refusal to
submit to arbitration is, o f course, a violation o f the contract and may
subject the offending party to strikes, lock-outs, monetary fines, or
other penalties (see Bulletin No. 908-13: Strikes and Lock-Outs; Con
tract Enforcem ent) or may cause the contract to be invalidated.8
8This is legally enforceable in only a few States.
ARBITRATION
85
A few contracts restrict the number o f cases which may be referred
to arbitration during the term o f the contract, or the number o f cases
which may be pending at any one time.
1. Automatic Referral to Arbitration
I f n o v o lu n ta ry settlem en t ca n b e p rom p tly effected, it s h a ll b e in cu m ben t u pon
the p a rtie s to subm it th e issu e to a rb itra tion in th e foU ow in g m anner.
2. Arbitration Initiated by Either Party
Any dispute, claim, grievance, or difference arising out o f or relating to this
agreement shall be submitted to arbitration upon written notice o f either party
to the other party; Provided, however, That the procedure set forth in X II
[grievance procedure] has first been exhausted, where that is applicable. The
parties agree to abide by the award, which shall be final and binding.
3. Arbitration Initiated by Party Which Initiated Grievance
In the event the above processes o f adjustment do not result in settlement
within ten ( 10 ) days after the first meeting between field representatives of the
union, the grievance committee, and the officials of the company, it is mutually
agreed by the company and the union that the party presenting the grievance
may refer the matter in dispute to a board of arbitration as described in the
following section within ten ( 10 ) days thereafter.
4. Arbitration Initiated by Union
It is agreed that the manager o f refineries or someone designated by him shall
render his decision within ten ( 10 ) days after said meeting.
I f such decision is not satisfactory, then upon request of the chief executive
officer o f the union there shall be set up an arbitration board.
5. Arbitration Initiated by Union or Aggrieved Employees
Should the decision rendered by the plant manager under step 3 o f the griev
ance procedure be unacceptable to the union, or to the aggrieved employee or
employees, the case may, if it involves the interpretation or application of this
agreement, be submitted for arbitration within five (5) days thereafter upon
written notice to the company by the union or the aggrieved employee or
employees.
6. Local Unions Submission o f Case to Arbitration Must B e Approved by Inter
national Union
The employer shall have the right to discharge employees in their plants, if
such discharge is made for just cause. Where the local union feels that the
discharge was made for unjust cause, it shall have the right to submit the
question of the discharge to arbitration. The submission of any case to arbitra
tion must be approved by the [international union].
N ote .— T he in tern a tion a l u nion is p a rty to th e agreem ent.
7. Referral to Arbitration if Parties Agree as to Propriety and Method
I f the parties to this agreement should fail to reach a satisfactory adjustment
o f any dispute arising hereunder, the matter in dispute shall be submitted to
arbitration, provided the parties can and do agree as to the propriety of such
submission and the method thereof.
8. 'No Arbitration if Parties Unable To Agree on Impartial Arbitrator
In the event the arbitrators selected by the company and the union are unable
to agree upon the selection of a chairman or a third arbitrator, there shall be no
arbitration.
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COLLECTIVE BARGAINING PROVISIONS
9. Union May Not Resort Both to Industry Committee and to Arbitration
The company agrees to participate in the establishment o f an industry com
mittee composed of a representative and alternate from each of the following:
[list of companies]. The union shall have the right to present to such industry
committee and the industry committee shall have the power to determine any
grievances which have not been settled through the use of the company’s griev
ance machinery, excepting those arising from dismissals, merit increases, pro
motions, and lay-offs, provided, however, that a claim by the union that the
company has abused its right to lay-off for economic reasons may be presented
to the committee. The union’s right to resort to this industry committee shall,
however, be without prejudice to its right to proceed directly to the arbitration o f
any arbitrable disputes hereunder which have not been settled through the use
of the company’s grievance machinery; Provided, however, That if the union
resorts to the use of the industry committee then such grievance or grievances
shall not be subject to arbitration.
10. Failure To Submit to Arbitration Considered Breach o f Contract
Failure to submit to arbitration, as herein provided, shall be considered a
breach of this agreement.
11. Strike or Lock-Out Permissible in Event of Refusal to Arbitrate
In the event that either the company or the union requests arbitration under
the provisions of this section and the party who is so requested refuses to agree
to arbitration as provided under the terms of this section within ten ( 10 ) days
after the submission of such request, then the union shall have the right to strike
or the company to lock out.
12. Limitation on Number of Arbitrations During Contract Year; Additional
Arbitrations by Mutual Consent
It is further mutually agreed that this provision for arbitration herein pro
vided for shall be limited to eight ( 8 ) arbitrations during any contract year.
Upon the completion of eight ( 8 ) arbitrations during any such contract year the
arbitration provision herein set forth shall no longer be applicable or binding
upon the parties and the prohibition of strikes, slow-downs, stoppage of work on
the part of the union or lock-out on the part o f the company as outlined in article
III, section 1 above shall not be binding upon the parties. It is understood and
agreed, however, that in the event the parties voluntarily agree to submit any
such subsequent issue to arbitration they may do so and with respect to the issues
so submitted, the provisions of article III, section 1 [no strike or lock-out] shall
be in full force and effect.
Inasmuch as arbitration is an innovation in the relationship between the com
pany and the union it is the express purpose and intent of both parties to this
agreement to exhaust every effort to settle any differences which may arise
through the first steps of the grievance procedure outlined herein and to minimize
the use of arbitration, because of these considerations a limitation on the use of
arbitration procedure has been incorporated herein.
13. Pending Cases To Be Decided Before Additional Grievances Are Referred to
Arbitration
It is agreed that if any grievances are submitted to arbitration, as herein
provided, the decision of the arbitrator or board of arbitration must be rendered
before any further grievances may be submitted to arbitration.
ARBITRATION
87
ARBITRABLE ISSUES AND AUTHORITY OF ARBITRATOR
The scope o f arbitration under an agreement depends basically on
two interrelated factors: (1) the contents o f the agreement itself and
(2) the authority granted the arbitrator. Two agreements may lim it
the arbitrator’s authority in identical fashion, as for example, to dis
putes over the interpretation or application o f any clause in the agree
ments ; one arbitrator, nevertheless, may have greater scope because the
agreement under which he functions covers many more matters than
the other. The issues which are arbitrable, therefore, vary with the
contents o f agreements themselves.
Most agreements with arbitration include disputes involving inter
pretation or application o f contract clauses within the scope o f arbitra
tion. Only issues arising out o f the agreement are, therefore, arbitra
ble. The arbitrator may decide only questions over matters already
covered by the agreement and must lim it his awards to interpreting
its provisions in deciding the respective rights and duties o f the parties
on particular issues. This type o f arbitration is provided by such
phrases as “ any grievance or dispute arising out o f the terms o f this
agreement” ; or “ any dispute as to interpretation, application, or al
leged violation o f any o f the provisions o f this agreement.” Some
agreements m odify this basic area by specifically excluding certain
issues, while others expand on it by explicitly making arbitrable cer
tain issues which are ordinarily beyond this scope. Some agreements
which provide that arbitrable issues are not limited to the interpreta
tion or application o f the agreement neverthless state that the arbitra
tor may not change the agreement.
Under a limited arbitration provision, the arbitrator is limited to an
interpretation o f the specific matters covered by that agreement and to
deciding grievances over rights specified in contract clauses. Modifica
tions, amendments, or additions to the contract are specifically pro
hibited. Limited arbitration may be achieved either by defining a
grievance, lim iting the arbitrator strictly to contract interpretation,
or specifically excluding certain subjects from arbitration.
Under a general arbitration provision the arbitrator may rule on
any grievance or complaint or any difference between the parties aris
ing during the term o f the agreement. A few contracts even author
ize the arbitrator to make changes in the contract or to determine the
terms o f a new one.
Many agreements do not define the jurisdiction o f the arbitration
machinery. These agreements consider arbitration the final step
o f the grievance procedure; the definition o f a grievance apparently
carries through as the scope o f arbitration. Some o f these agreements
state that any issue not settled at the last step shall go to arbitration.
Others in this group introduce the arbitration section with a phrase
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COLLECTIVE BARGAINING PROVISIONS
similar to the follow in g: “ Any dispute which cannot be settled under
the grievance procedure” shall be submitted to arbitration; or, “ in
the event o f failure to adjust the grievance by means o f the foregoing
steps, then such grievances shall be submitted to arbitration.”
Some agreements are ambiguous about the types o f controversies
that can be arbitrated. They do not, for example, make clear whether
an arbitrator may rule on questions which are not specifically covered
by the contract. Some agreements specifically provide that any dis
pute over wages, hours, or other conditions o f employment may be
arbitrated, but they do not indicate whether arbitration is restricted
to the interpretation o f the wage and other clauses in the agreement
or whether wages or hours as such may be arbitrated.
Because o f the possibility o f dispute between the parties as to
whether a particular issue falls within the scope o f arbitration, some
agreements provide that the arbitrator shall first determine whether
the issue is properly arbitrable.
The scope o f arbitration is often set forth in connection with other
substantive contract clauses as well as in the form al provision estab
lishing arbitration. Discipline and discharge clauses, wage reopen
ing clauses, classification clauses, clauses dealing with the establish
ment or adjustment o f new piece rates or rates for new jobs,
promotion clauses, and many others often make provision, express or
im plied, fo r arbitration o f disputes over these issues. Although dis
putes regarding discipline and discharge are probably most frequently
listed as arbitrable, discharges for such flagrant causes as drunkenness
or dishonesty may be excluded from arbitration, as well as disciplinary
action resulting from participation in strikes (see Bulletin No. 908-5:
Discharge, Discipline, and Quits; Dismissal Pay Provisions, and
Bulletin No. 908-13; Strikes and Lock-O uts; Contract Enforcem ent).
Arbitration o f disputes regarding general wage changes when a
deadlock occurs on wage renegotiations during the term o f the agree
ment is sometimes permitted, but more often this issue is nonarbitrable. Other subjects frequently excluded from arbitration are socalled management prerogatives, production standards, setting rates
on new or changed jobs, promotion to a job outside the bargaining
unit, and such basic management functions as determining the meth
ods o f production. Arbitration o f the terms o f a new or renewed
contract is often specifically prohibited.
14. Scope of Arbitration Includes Disputes of Any Nature
Any dispute, difference, disagreement, or controversy of any nature or
character, whether or not a grievance, between the union and the employer,
which has not been satisfactorily adjusted within fifteen (15) working days after
the initiation o f conferences between representatives of the union and the em
ployer, shall be promptly referred to arbitration by either party hereto as
follows.
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89
15. Scope of Arbitration Includes Both Disputes Arising From Contract and
From Matters Not Specifically Covered by Contract
All disputes and grievances which arise under this agreement as well as those
on matters not specifically covered by this agreement shall be promptly and
peaceably settled and resolved as follow s: * * * * * * * * * *
*.
By the [State] Board o f Conciliation and Arbitration by whom the dispute,
grievance, or controversy shall be arbitrated and its decisions thereon shall be
final and binding on all parties.
16. Matters Involving Interpretation and Application of Agreement Subject to
Arbitration
The arbitrator’s authority shall be limited to matters involving the interpre
tation and application of the provisions o f this agreement. The arbitrator may
not modify, amend, or add to the terms of this agreement.
17. Questions of Fact and Meaning or Application of Agreement Subject to
Arbitration
Any question of fact or of the meaning or application of this agreement which
has not been satisfactorily settled as above provided may be submitted by either
party for arbitration by an arbitration board of three (3) members, provided
each previous procedural step has been properly followed.
18. Arbitrable Subjects Limited to Specified List
No terms can be added to or subtracted from this contract, nor any provision
thereof changed by arbitration. Arbitrable grievances shall be limited to
(a ) determination in matters o f discipline o f : (i) cause for discipline, and (ii)
degree of discipline; (b) determination of the seniority rights only, which are
expressly and unconditionally granted by this agreement; (c ) call-in pay; (d)
leaves of absence; (e ) claimed misapplication of the incentive system, pro
vided that M-values (standard minutes o f work) are not subject to arbitration;
and ( / ) ambiguous contract provisions relating to arbitrable matters.
19. Proposed Changes in Contract Subject to Arbitration
Sixty (60) days prior to the expiration o f this agreement, either party may
serve upon the other notice of any proposed changes or modifications in this
collective bargaining agreement and the parties shall immediately begin dis
cussions on such proposed changes or modifications in an effort to reach an un
derstanding before the expiration date of this agreement. During such nego
tiations this agreement shall remain in full force and effect. Should the par
ties fail to reach an understanding as to proposed changes or modifications, both
parties agree to submit the differences to a board of arbitration to be constituted
and the expenses to be proportioned the same as provided in section — hereof
20. Proposed Contract Changes Regarding Wages and Hours Subject to Arbi
tration
When under the terms o f this contract, negotiations have been opened looking
toward changes in any of the provisions of this contract, regarding wages and
hours, and the parties are unable to agree upon such proposed changes, then and
in that event, the matters in dispute shall be referred to arbitration by an
arbitration board constituted and functioning under similar terms, methods, and
conditions to those provided for arbitration under section 3 (b ) o f this paragraph.
Note.— Section 3 (b) of this 1-year agreement provides for arbitration on “Any
disagreement, dispute, or grievance which shall arise between the union or the
employees and the company with respect to the interpretation or application of
any of the terms or provisions of this contract.”
808744°—50---- 7
90
COLLECTIVE BARGAINING PROVISIONS
21. Scope of Arbitration Includes Disputes Involving Wages, Hours, Conditions
of Work, and Relations Between the Parties
Any and all matters of dispute, difference, disagreement, or controversy of
any kind or character between the union and the association and/or member in
volved, involving or relating to wages, rates, hours, conditions of work, and the
relations between the parties, arising during the term of this agreement or any
renewal thereof, including but not limited to the interpretation, construction, or
application of the terms of this agreement, shall be submitted to the impartial
chairman for final and binding decision by him. It is understood and agreed, how
ever, that the impartial chairman shall not have power to alter, modify, or
change this agreement or any o f the terms or provisions thereof, and the union
and the association and/or member involved agree to be bound by and abide by
the decisions of the impartial chairman.
22. Listed Arbitrable Matters Include Noncompliance With Automatic Wage
Progression Schedule, Wage Rates on New or Changed Jobs, Absence o f
Just Cause for Disciplinary Lay-Off or Discharge
Any disagreement between the parties to this contract as to the meaning or
interpretation of any provision thereof, as to the following matters, which is
not settled by direct negotiation, shall be referred to arbitration as provided in
section 3 of this article X.
1. Meaning or interpretation of any provisions o f the contract;
2. Alleged violation o f any provision of the contract by either the com
pany or the union;
3. Alleged failure o f the company to comply with the “ Automatic Wage
Progression Schedule” agreed upon and incorporated in the contract;
4. Disagreement on wage rates established during the term o f the
contract for new or changed jobs, on the condition that the arbitrator’s
award must be consistent with the “Automatic Wage Progression Schedule”
and rate setting method in effect;
5. Alleged discrimination, intimidation, or coercion in violation o f the
contract by either the company or the union;
6. Alleged absence of just cause for disciplinary lay-off or discharge.
23. Arbitrator May Determine Whether There Is Good Cause fo r Withdrawal
of Beneficial Employment Conditions Not Covered by Contract
This agreement shall not be deemed to impair any conditions o f employment
more beneficial to the employees than those provided herein; and any con
ditions of employment not covered by this agreement which are beneficial to
employees and which are now in effect as regular company practice shall be
continued during the period of this agreement unless there is good cause for
their withdrawal. Either party may demand arbitration with respect to a
dispute as to whether good cause exists.
24. Scope of Arbitration Includes Claims o f Discrimination for Union Activity
or Membership and Alleged Violation of Specified Contract Provisions
It is understood, however, that it shall be the function o f such board to
make a decision in claims of discrimination for union activities or membership
and any alleged violation o f the terms o f this agreement on the subject of
recognition, representation, grievance procedure, seniority, disciplinary lay-offs,
wages, and discharges and leaves of absence only. It shall not have power to
add to or subtract from or modify any term of this agreement.
ARBITRATION
91
25. Question o f Union Membership in Good Standing Arbitrable
If, through the grievance procedure, a dispute is not settled as to whether
an employee is or is not a member of the union in good standing, such dispute
shall be submitted to an arbitrator to be selected as provided herein. The
decision o f the arbitrator shall be final and binding upon the parties.
26. Work Loads and Wage Rate Changes Resulting from W ork Load Changes
Subject to Arbitration
Disagreement over work loads or over changes in wage rates resulting from
agreed-upon changes in work load, shall be subject to arbitration according
to the procedure described in article —.
27. Discipline and Discharge Subject to Arbitration
In all cases o f discipline or discharge, the company shall immediately present
a written statement o f its reasons to the chairman o f the general shop committee
if available, or any other member of the general shop committee * * *.
Such grievances, if not adjusted within two (2) weeks thereafter between
representatives o f the company and union, shall be settled by arbitration as
provided in this agreement.
28. No Arbitration of Discharges for Drunkenness, Use of Drugs, Dishonesty,
Neglect of Duty
Without excluding other causes for discharge, the following shall constitute
absolute causes from which there shall be no appeal to negotiation or arbitration
between the employer and the union, namely:
a. Drunkenness or Use o f Drugs.
b. Dishonesty.
c. Neglect o f Duty.
29. Discharges for Conduct Detrimental to Public, Fellow Employees, or Company
Not Subject to Arbitration
It is agreed that the company has the right to employ, promote, demote,
transfer, or discharge employees for cause. I f a union member is discharged
or demoted for any reason, such employee shall have the right to have his case
reviewed, provided he requests such review within two (2) weeks, in accordance
with article II, section 3 ; but no discharge for conduct detrimental to the
public, a fellow employee, or to the company shall be subject to arbitration under
article II, section 3.
30. No Arbitration of Disciplinary Suspensions o f a W eek or Less for Employees9
Violation of Laws amd Regulations
The fifth step [arbitration] shall not apply to suspensions o f a week or less
imposed by the companies on an employee for violations o f State, Federal, or
municipal laws, or the regulations of boards or bodies thereof.
31. Listing of Subjects Excluded From Arbitration
The planning, directing, and controlling plant operations; introducing new
or improved production methods or facilities; making and enforcing reasonable
employee plant conduct rules to assure orderly and efficient plant operations;
amount of supervision necessary; combining or splitting up departments;
schedules of production; establishment of standards o f quality; determination
of the extent to which the plant will be operated; employment increases or
decreases; the determination of employee competency; piece-work rates on
similar jobs in production during past twelve (12) months on which employees
have made their average; basic wage rates as fixed by this agreement, and merit
increases in wages shall not be arbitrable.
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COLLECTIVE BARGAINING PROVISIONS
32. No Arbitration of Matters Not Pertaining to Employer-Employee Relation
ship. Changes in Terms of Agreement Not Arbitrable Except at Time of
Biennial Renegotiation of Wages, Hours, or Vacations
The [arbitration board] shall not have power to add to, subtract from, or to
change any of the terms of this agreement establishing and creating the powers
o f this [arbitration board]. The [arbitration board], further, shall have no
power to determine any matters relating to prices or charges for service, or to
the nature or type of service to be rendered or the manner or method o f rendering
service, or to the products and supplies used by the company, or related to any
other matter not pertaining to the employer-employee relationship o f the com
panies and the employees covered by this agreement. It further shall not have
power to add to or subtract from or change any of the terms of this agreement,
except upon the biennial reopening for negotiation of the provisions of the contract
relating to wages, vacations, or hours as provided for in article X II of this agree
ment, and upon such occasions the [arbitration board’s] scope of review shall be
limited to those subjects. When upon such reopening and renegotiating o f
wages, vacations, or hours, the terms are then settled, the provisions of the agree
ment shall then remain unchanged until the next biennial reopening o f the
contract.
33. Basic Management Rights Not Subject to Arbitration
Questions which shall not be subject to arbitration are such basic company
policies as the rights of management to make contracts, to employ, to protect its
property, to manage its business, and general wage adjustments.
34. Matters Not Included in Agreement Not Arbitrable
The board of arbitration shall not have the right or authority to add to,
subtract from, or alter any of the provisions, nor shall it have jurisdiction over
matters not included in this agreement.
35. Ban on Arbitration of Changes in Contract, Provisions of New Contract,
Scope of Bargaining Unit, Specified Wage Matters, and Management
Functions
Any questions involving changes or modifications of the provisions hereof,
the provisions to be included in any subsequent agreement, the scope o f the
bargaining unit, new job classifications, the revised group incentive system, wage
increases, or the company’s management functions, shall not be subject to
arbitration hereunder.
36. Exclusion of Disputes Relating to Contract Amendments, New Job Classifica
tions, Production Standards
Any matter shall be arbitrable if it arises out o f the interpretation, violation,
or claim o f violation of this agreement, except disputes pertaining t o :
(a ) Negotiation relative to amendments to this agreement.
(b) New job classifications not covered in this agreement and the rates of
pay for them.
(c ) Production standards.
37. Limitations on Arbitrator's Authority To Decide Grievances Involving Pro
duction Standards
It is understood and agreed that in the case of grievances involving production
standards the arbitrator shall have only the power to decide:
(1)
Whether through error insufficient credit is being given in connection with
an existing standard.
ABBITRATION
93
(2) Whether, in the case o f a changed standard, the operation has been changed
so that the amount of work required to perform the job has changed.
(3) Whether an approved standard has been reduced when there was no change
in the job.
(4) Whether a standard after being changed will permit the same opportunity
for earning premium as existed under the original standard.
The arbitrator shall have no power by his award to establish, discontinue, or
change any production standard.
38. General Wage Increases or Decreases Not Subject to Arbitration
Any grievance or disagreement, except those concerning general wage increases
or general wage decreases, shall at the request of either party be settled by
arbitration as follow s:
39. Individual or General Wage Increase Not Subject to Arbitration
The question o f either an individual wage band or a general wage increase
shall not be submitted to arbitration.
40. Arbitration o f Rates for New or Changed Jobs Limited to Determination of
Their Fairness in Relation to Other Job Rates
An arbitration board may decide whether a rate range for a new job classifica
tion, or a rate range for a job classification in which a significant change is made
after the effective date o f this agreement, bears a fair relationship to the rate
ranges for other job classifications in the bargaining unit, but shall have no
authority to establish or change any rate range.
41. Wages, Hours, and Issuance of Union Label Excluded from Arbitration
Except as elsewhere provided herein, the following questions are expressly
declared to be nonarbitrable and shall not be subject to arbitration:
(1) The scale of wage herein provided for.
(2) The hours of work.
(3) The proprietorship and issuance of the union label.
42. Changes in Production Methods Not Subject to Arbitration
The right of the company to change methods and processes or to use new
processes and equipment shall not be subject to arbitration.
43. Existing Work Loads Not Subject to Arbitration; Work-load Changes
Arbitrable
The grievance and arbitration provisions in this contract shall not be applicable
to existing work loads, but only to changes in presently existing work loads.
44. Established Safely and Plant Rules Not Arbitrable but Question of Fact
Regarding Breach of Rules May Be Arbitrated
The board of arbitration shall not have the power to pass upon the company’s
production standards, methods, practices, or procedures, or its established nondiscriminatory safety rules, or plant rules and regulations; but nothing herein
contained shall be used for the purpose of evading any o f the provisions o f this
agreement.
In the event that the employee shall deny the actual occurrence o f any such
breach or disregard o f any such safety rules, or instructions, then upon request
of the union there shall be submitted to arbitration, in the manner herein pro
vided, the question o f fact as to such actual occurrence. I f it shall be thus
determined by arbitration that there was any such actual occurrence, then the
company’s decision on the question of discipline involved shall be final and binding
on all parties. The board of arbitration shall not go beyond what is necessary
94
COLLECTIVE BARGAINING PROVISIONS
for the interpretation and application of this agreement or the obligations of
the parties under this agreement. Issues not directly involved in the case shall
not be decided by the board of arbitration.
45. Specified Subjects Subject to Grievance Procedure but Not Subject to Arbitra
tion Except bp Mutual Consent
Disputes between the parties hereto regarding the following matters may be
taken up under the grievance procedure but shall not be subject to arbitration
except by mutual agreement:
(a ) Changes in the established wage schedule and in piece rates in effect
when this contract is signed.
(b) Any matter which involves a modification of any provision of this con
tract.
(c ) Any matter which is not related to hours, wages, or working conditions
or to any other subject covered by this contract.
(d) Management functions except as otherwise provided in this contract.
46. Wages and Premium System Subject to Arbitration Only by Mutual Consent.
I f Consent Refused Union May Appeal to Government Agency or Strike
In cases of dispute or grievances which have not' been adjusted by the fore
going method, the question shall be submitted to arbitration before the American
Arbitration Association, according to its rules and the laws of New York State;
Provided, however, That with regard to any grievance or dispute as to wages,
wage rates, premium system or application thereof, no question affecting the
same be submitted to arbitration (except as hereinafter provided for an arbitra
tion o f time standards and except disagreements concerning the rights or status
o f individual employees, including their wage claims), unless the employer shall
specifically, in writing, consent to arbitrate the same after the question has
arisen; but if such grievance or dispute shall arise and same shall not be ar
bitrated, then the union shall have the right to submit the matter to the appro
priate government agency or to declare a strike, and such action shall not be
deemed a violation of this agreement.
47. Question of Whether Matter Is Arbitrable May Be Submitted to Arbitration
I f the parties are unable to agree as to whether or not any particular griev
ance is arbitrable under the conditions of this paragraph, this question o f arbitra
bleness may be submitted to arbitration under the procedure outlined above.
48. Umpire To Dismiss Cases Which He Considers Are Properly the Subject o f
Collective Bargaining
In each case submitted to him the umpire shall first determine whether the
dispute is properly a grievance o f a matter properly the subject of collective
bargaining. If the umpire determines that the dispute is a matter properly the
subject of collective bargaining, he shall dismiss the case. I f the umpire de
termines that the dispute is a grievance, he shall decide how the grievance shall
be settled. The umpire shall not have the power to add to or to subtract from,
or to modify any of the terms of this agreement, or any supplemental agreement
without the express consent of the parties.
49. Arbitrator Mag Instruct Parties to Re-enter Negotiations on Nonarbitrable
Issues; Arbitrator May Participate as Mediator
The arbitrator is not authorized to change or alter this contract or the terms
thereof in any decision or make any decision that effects an addition to the
contract. In the event that the arbitrator finds that the question is not subject
for arbitration as limited by this section, and by the provisions of section 1,
ARBITRATION
95
article 2, of this contract [management rights] he shall so find, he may then
instruct the parties to reenter negotiations and may participate in such negotia
tions as mediator, but without any powers of compulsion.
50. Arbitrator Who Exceeds His Jurisdiction Disqualified fo r Further Service
In the event the parties agree that an arbitrator has exceeded his authority
and jurisdiction, he shall be disqualified for further service under the agreement.
F ormulation
of
I ssues
Many agreements require the parties to submit to the arbitrator a
joint statement clearly defining the issues in dispute. I f the parties are
unable to agree on a joint statement o f the issues, each party may be
permitted to present a separate statement of what it considers to be the
issues, and the arbitrator is authorized to formulate the issues to' be
arbitrated, using as a basis o f his formulation the statements and objec
tions o f both parties, records o f negotiations at prior steps o f the
grievance procedure, and other pertinent information.
51. Joint Statement To Define Clearly the Issues To B e Arbitrated
Before any matter is submitted to arbitration the parties shall submit a joint
statement limited solely to the facts as stated in the written grievance and clearly
defining the issues to be arbitrated.
52. Arbitrators To Consider Only the Issue Stipulated in Writing by Employer
and Union
In considering the grievance as provided for above, the arbitrators shall limit
themselves to the grievance as stipulated in writing jointly by the employer and
the union, and shall neither add to nor subtract from the stipulated grievance
or the terms of this agreement.
53. Parties To Confer as Necessary Until Agreement Is Reached on Statement of
Question To Be Arbitrated
The notice shall contain a statement of the question to be arbitrated and shall
name the one member appointed to the arbitration board by the party serving
the notice. The other party shall promptly give notice in return naming the one
member whom it appoints to the arbitration board and stating its agreement or
disagreement with the statement of the question to be arbitrated. In the event
of disagreement it shall restate the question to be arbitrated and the parties shall
confer as necessary until a statement is agreed upon.
54. Questions Other Than Those Involving Compensation To Be Submitted in
Form Permitting “ Yes” or “No” Answer. Arbitrator Formulates Question
if Parties Unable To Do So Within Specified Time Limit
Immediately after receipt o f notice of intention to appeal, the parties shall
meet and make bona fide efforts jointly to formulate the questions for arbitration.
I f agreement is reached on the questions they shall be reduced to writing, signed
by the parties, and forwarded to the arbitrator with the statements o f facts and
circumstances.
I f the parties have failed to agree on the formulation o f the questions by the
fifteenth day following the decision appealed from, then the task of formulating
the questions will be submitted to the arbitrator together with the statements of
facts and circumstances. I f the parties do, however, succeed in jointly formu
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COLLECTIVE BARGAINING PROVISIONS
lating the questions after the fifteenth day and prior to the date o f the hearing,
the questions may then be forwarded to the arbitrator.
Questions, except those as to the amount of compensation for loss o f earnings,
appealed to arbitration shall be submitted to the arbitrator only in such form as
will permit an answer of “ yes” or “ no.” In cases involving loss of earnings, the
arbitrator shall determine whether the employee is entitled to compensation, and
if so, in consideration of all the circumstances, for what period of time. It is
understood that the term “ compensation” as used herein means payment for loss
of earnings, and that in no event shall an award be made granting an employee
more than the loss of earnings he has sustained. An award for compensation
may, however, also include an award for expenses necessarily incurred in seeking
other employment.
All questions shall be confined to the grievance of an employee arising as to the
application of the agreement to such employee at a specific time as set forth in
the original written grievance presented to the foreman.
55. Parties To Present Joint Statement of Issues To Be Arbitrated. I f No Agree
ment, Arbitration Board Defines Issues on Basis o f Statements and Objec
tions of Each Party and Records of Prior Negotiations
When any dispute or question is submitted to arbitration as herein provided,
the company and the union shall jointly present to the arbitration board a state
ment in writing o f the specific issue or issues to be arbitrated, and the arbitration
board shall confine its decision to the issue or issues so presented. I f the parties
do not agree upon such a joint statement within five (5) days after the fifth
member of the arbitration board has been appointed, each party shall submit
within five (5) days thereafter a written statement of the specific issue or issues
believed by it to be involved, subject to written objection by the other party, and
from such statements, objections, and any record made in the prior negotiations
or conferences, the arbitration board shall determine the specific issue or issues
before it and notify each party thereof in writing at least five (5) days before
proceeding with the case.
56. In Absence of Stipulation of Issues, Original Letter o f Grievance, Manage
ment Decisions, and Union Appeals at Each Step o f Grievance Procedure
Used To Define Issues
Before the submission of a grievance to arbitration the company and the union
shall set forth in writing specifically the issue or issues to be submitted to arbi
tration, and the arbitration board shall confine its decision to such stipulation
of issue or issues. I f a stipulation of issue or issues has not been arrived at by
the parties at the time the third (3d) impartial member is present to hear the
case, the original letter of grievance together with the written management deci
sions at each step of the grievance procedure and the union’s written appeals
from those decisions shall be used and considered as the issue or issues of the case.
COMPOSITION OF ARBITRATION AGENCY AND SELECTION OF ARBITRATOR
Arbitration may be conducted either by a single nonpartisan arbi
trator or by a tripartite board composed o f an equal number o f em
ployer and union representatives with an impartial member acting as
chairman. Occasionally, the board w ill be composed entirely o f
neutral or so-called public representatives. A few agreements allow
the parties the option o f having either a single arbitrator or an arbi
tration board. Under a few other agreements, unsettled disputes are
ARBITRATION
97
submitted fo r arbitration directly to a government or private agency
without specification as to how these agencies are to handle the matter.
Most often, all the members o f an arbitration board, including the
impartial chairman, are selected before the arbitration hearings start,
and the board functions as a tripartite board at all times. In other
contracts, the partisan representatives first attempt to settle the dis
puted issue. Only after they have unsuccessfully attempted to agree
on a final decision does the board become a tripartite board, with the
impartial man added to make a decision possible.
Arbitration may be conducted by an individual or board newly
chosen each time a dispute arises, or by a person or board named in
the agreement and serving continuously during the life o f the agree
ment. The first is called ad hoc arbitration; the second, permanent
arbitration, under which the arbitrator is charged with deciding all
disputes arising under the agreement. In the case o f ad hoc arbitra
tion, the agreement merely provides machinery fo r selecting an arbi
trator when the need arises; the problem o f selecting an arbitrator or
board must be faced each time arbitration is requested. Under perma
nent arbitration, the individual or board, once chosen, serves con
tinuously throughout the life o f the agreement, or for some other
designated period, or until his services are terminated at the request
o f either the employer or union.
Agreements calling for permanent arbitration usually specify a
single arbitrator rather than a tripartite board. In some instances
where a board is provided, only the impartial chairman serves on a
permanent basis while the company and union representatives are
selected for each dispute. In others, the entire board is established
fo r the duration o f the agreement with specified personnel serving
regularly and continuously. In still others, a permanent bipartisan
board o f equal employer and union representation first acts on griev
ances. I f no decision is reached on a particular dispute, a neutral
member or impartial chairman is selected to decide the issue.
There are a variety o f ways in which an arbitrator may be selected,
either directly by the parties or with the assistance o f governmental
or private agencies or individuals. Although the methods listed
below are not exclusive, they indicate the extremes: from those where
the parties exercise complete control over selection to those where the
selection is made initially by an outside agency.
(1) The parties directly agree on the arbitrator. I f he is the
“ permanent” arbitrator under the contract, he may be named in the
contract or the agreement may stipulate that he shall be designated
within a specified period after the agreement has been signed.
Some agreements which provide fo r direct selection o f the arbitrator
by the parties fail to provide a predetermined means o f breaking a
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COLLECTIVE BARGAINING PROVISIONS
deadlock in the event the parties are unable to agree upon the choice.
Others, however, provide for the selection o f an arbitrator by an out
side agency or individual, upon the request o f either party, if they
are unable or fail to agree on his selection within a limited period
o f time. Still others stipulate that the parties shall make the selection
from a list o f names to be furnished by an outside agency, if they
cannot agree on a choice directly.
(2) The parties may each select an arbitrator, the two so appointed
to agree upon a third, who acts as impartial chairman. I f the two
parties, or their representatives, cannot agree upon a chairman, se
lection is often referred to an outside agency.
(3) A n outside agency immediately appoints the arbitrator at the
time arbitration is requested. Permanent arbitrators are rarely ap
pointed directly by an outside agency, although some agreements pro
vide for outside appointment in the event the parties deadlock on the
selection.
The Federal Mediation and Conciliation Service, various State
labor boards or mediation agencies, and the American Arbitration
Association are most frequently designated as the agencies who shall
appoint or aid in the choice o f an arbitrator, either initially or after
the parties have failed to agree upon the selection. Occasionally, an
individual, such as the Secretary o f Labor, a judge, college president,
or city mayor, is asked to make the appointment.
Often the outside agency does not make the actual appointment but
submits a panel o f qualified arbitrators from which the parties make
the selection. Under these circumstances, a deadlock on the selection
is still possible, although some contracts avoid this contingency by
specifying that an odd number o f names are to be on the list and the
parties are to eliminate names from the list alternately until only one
remains. Another alternative is to have the outside agency subse
quently select the arbitrator if the parties cannot agree on one o f the
list furnished. The parties may also be allowed to request a second
list o f arbitrators if none on the first panel is mutually acceptable.
Especially where a permanent arbitrator is used, the employer and
union must also select an alternate or deputy if the arbitrator named
is unwilling or unable to serve. In most cases, the procedure used to
select the original arbitrator is utilized to appoint his successor. In
some agreements, however, special selection procedures are established.
Ad H oc Single A rbitrator
57. Single Arbitrator Chosen by P arties; No Reference to Selection by Outside
Agency if Parties Unable To Agree
In the event that any and all disputes, disagreements, controversies, or mis
understandings o f any kind or character shall not have been satisfactorily settled
ARBITRATION
99
w it h in tw o (2 ) w e e k s a f t e r t h e in it ia t io n o f c o n fe re n c e s u n d e r c la u s e 2 o f t h is
s e c tio n , t h e m a t t e r s h a l l b e r e f e r r e d to a n im p a r t ia l a r b it r a t o r to b e a p p o in t e d
b y m u t u a l a g re e m e n t o f th e p a r t ie s .
58. Arbitrator Mutually Agreed Upon, Selected From List Submitted by American
Arbitration Association, or Appointed by American Arbitration Association
If, within three (3) days after either party shall have notified the other o f its
desire to arbitrate, the parties shall fail to agree upon an arbitrator, the matter
in dispute shall be referred to the Industrial Arbitration Tribunal of the Ameri
can Arbitration Association in the following manner: (a) either party hereto
may request the above-named association to furnish to each party identical lists
o f persons eligible to serve as arbitrators and (b) if, within ten (10) days from
the receipt of the lists, the parties shall fail to agree upon a single arbitrator,
the above-named association shall appoint an arbitrator.
59. Arbitrator Selected From Lists Submitted by TJnion and Company; Federal
Conciliation Service Makes Appointment in Event of Deadlock
The arbitrator will be selected by mutual agreement from lists o f names sub
mitted by the union and the company, respectively. I f no arbitrator is agreed
upon after three lists of names of not less than ten (10) different names per list
have been submitted by each party, the United States Department of Conciliation
will be requested to appoint an arbitrator. The lists o f names must be submitted
and selection o f an arbitrator or rejection of all names must be completed within
three (3) working days after date o f determination that the matter in question
is to be submitted to arbitration.
60. Selection Made by Striking Two Names From List of Three Designated in
Contract; First Strike Made by Party Which Did Not Initiate Arbitration
Whenever it becomes necessary to select an arbitrator to hear and determine
an arbitrable grievance or group of such grievances arising at the works covered
by this agreement, the parties shall arrange a meeting for the purpose of making
such selection. They shall first endeavor to agree upon such selection but if no
agreement is reached they shall procede forthwith to make the selection through
a process o f elimination. From the list o f three (3) names appearing in section
11 next above, they shall alternate in striking one name. The opposing party
(that is to say, the party which is not carrying the grievance to arbitration)
shall strike the first name which is stricken and the moving party (that is to say,
the party which is carrying the grievance to arbitration) shall strike the second
name to be stricken. The name remaining shall represent the arbitrator to hear
and determine such grievance or group of grievances.
61. Arbitrator Named by City Employers Council and City Labor Council if
Parties Unable To Agree
I f the parties cannot agree upon a person to act as an impartial arbitrator
within five (5) days after service of such demand, then an impartial arbitrator
shall be named by agreement between the [city] Employers Council and the [city]
Labor Council.
62. Arbitrator Selected by American Arbitration Association if Parties Unable
To Agree
Company and [union] shall endeavor to agree upon a single arbitrator who
shall have full power to decide the matter. I f the parties cannot agree upon a
single arbitrator, then either party upon notice to the other shall have the
right to apply to American Arbitration Association to appoint such arbitrator.
100
COLLECTIVE BARGAINING PROVISIONS
63. Americcm Arbitration Association To Appoint Arbitrator if Parties Unable To
Make Selection From Two Lists Submitted bp A.A.A.
Initiation o f the arbitration shall follow the rules of the American Arbitration
Association.
The appointment o f an arbitrator will be under rules established by the
American Arbitration Association, except if no arbitrator is acceptable or avail
able from the first list furnished by the association, a second list shall be re
quested by both parties. I f both parties fail to agree on the selection o f an
arbitrator from either list, the administrator of the American Arbitration
Association shall have the power to make the appointment.
64. Initial Selection by American Arbitration Association
I f the issue or subject is not disposed of to the mutual satisfaction of the parties
hereto as a result of the first step set forth above, then the issue, dispute, con
troversy, or subject shall be submitted, within fifteen (15) days from the date the
parties are unable to agree as a result o f the first step, to a single arbitrator, to be
selected by the American Arbitration Society.
65. Initial Selection by Federal Mediation and Conciliation Service
The arbitrator shall be selected by the Federal Mediation and Conciliation
Director and his decision shall be final and binding upon both parties and the
employees involved, and shall not be subject to question or appeal by either party
or the employees involved.
66. Dispute Submitted to State Agency for Arbitration
I f the grievance is not satisfactorily adjusted after following the procedure
hereinabove set forth, the grievance may, at the request o f either party, be
promptly submitted to the New York State Mediation Board for arbitration.
Ad H oc B oard
of
A rbitration
67. Impartial Arbitrator Selected by Company and Union Representatives on
Board; No Reference to Selection by Outside Agency in Event of Deadlock
I f these representatives of the company and the brotherhood are unable to
reach an agreement on the facts in the case, such dispute shall then be submitted
immediately to an arbitration board of three members, one of whom shall be
designated by the company and one by the union and the third by agreement be
tween the other two members.
68. Chairman of Board Selected by Top Union and Management Officials if Board
Representatives Unable To Agree on Choice
In the event of failure to settle disputes by the procedure outlined in paragraph
__hereof, an arbitration committee shall be selected consisting of two (2) mem
bers, one (1) to be selected by the company and one (1) to be selected by the
union, and in the event the dispute is not satisfactorily settled by them, they
shall select a third member as an arbiter. If, within ten (10) days after their
appointment the first two (2) members shall have failed to satisfactorily settle
the dispute and fail to reach an agreement with respect to the third member of
the arbitration committee, the third member shall be selected by the highest offi
cial o f the company resident a t ------ , and the president o f [international union].
69. State Labor Agency To Choose Third Arbitrator if Company and Union Rep
resentatives Unable To Agree on Selection
An arbitration board shall be organized promptly, consisting o f three (3)
persons, one to be chosen by the union; one to be chosen by the company; and two
ARBITRATION
101
thus chosen shall meet daily to select a third, who shall be an impartial and disin
terested person. I f the arbitrators chosen by the union and the company are
unable, within six (6) working days, to agree upon a third arbitrator, then at
the request of either party, the Wisconsin Employment Relations Board shall be
asked to select the third arbitrator from the panel of arbitrators chosen in accord
ance with the provisions of subchapter III of chapter III of Wisconsin Statutes.
70. State Labor Conciliator To A ct as or Appoint Impartial Chairman if Parties
Fail To Agree
The arbitration board shall consist o f two (2) persons to be selected by the
company and two (2) by the local union (either party is privileged to select alter
nate members) and the four (4) so selected shall meet without delay and in no
event later than five (5) days from the date o f written notice of the request for
arbitration, for the purpose o f selecting a disinterested person to act as the fifth
member of the arbitration board.
In the event the arbitration board shall be unable to agree in the selection of the
fifth member within ten (10) days from the date of written notice of the request
for arbitration, either party may call on the Labor Conciliator o f the State of
Minnesota to act as, or appoint, a fifth member of the arbitration board, and the
parties hereto agree to be bound by this procedure.
71. Third Arbitrator Selected by Parties From List Furnished by Federal Con
ciliation Service
The board of arbitration shall consist o f one employee to be selected by the com
pany and one employee by the union. The Federal Mediation and Conciliation
Service, Washington, D. C., shall be called upon to furnish a list o f names from
which the parties will select one arbitrator, and he will act as chairman of the
board of arbitration. The fees and/or expenses of the chairman shall be shared
equally by the union and the company.
72. Federal Conciliation Service To Appoint Commissioner of Conciliation To Act
as Third Member o f Arbitration Board if Parties TJnable To Agree on
Selection
I f the [union-management] review committee shall fail to arrive at a decision
in any case before it involving the interpretation or application o f any of the
provisions of this agreement, union may, within ten (10) workdays after receipt
o f written notice to that effect from the review committee, give notice in writing
to company that it desires to submit the matter to system arbitration, whereupon
within ten (10) workdays thereafter, or later by mutual agreement, the parties
shall join in the submission thereof to a system arbitration board which shall
consist of the two members o f such review committee and a third member who
shall be appointed by mutual agreement of company, union, and all other then
duly certified collective bargaining agents o f company’s employees. I f such third
member shall not have been so appointed within ten (10) workdays after the
submission of the first case to system arbitration the parties shall request the
Conciliation Service o f the United States Department of Labor to appoint as a
temporary third member o f said board a commissioner o f conciliation who is duly
authorized to act as an arbitrator.
73. Third Arbitrator Chosen by Company and Union Arbitrators, Selected From
List Furnished by Federal Conciliation Service, or Appointed by Federal
Conciliation Service
In the case of any matter subject to arbitration which cannot be settled between
the parties, then within twenty (20) days after written request by either party
to the other the same may be referred to three arbitrators for settlement, one
102
COLLECTIVE BARGAINING PROVISIONS
chosen by the company and one chosen by the union; if the two other arbitrators
so selected cannot agree upon a third arbitrator, then a third arbitrator shall be
selected from a list to be submitted to the company and the union by the Director
o f the Federal Bureau of Mediation and Conciliation. If the parties cannot agree
on the third arbitrator to be chosen from such list, the third arbitrator shall then
be named by the said Director.
74. Federal Conciliation Service Designates Impartial Arbitrator and Arbitrator
To Represent Party Which Fails To Appoint Its Representative
The written request for arbitration shall contain the name o f the arbitrator
selected by the party so requesting, and if the other party fails to choose an
arbitrator or to join in a joint application, then upon five (5) days’ written notice
the party requesting arbitration may apply to the Director of the Federal Medi
ation and Conciliation Service to name the third arbitrator and also an arbitrator
to represent the other party where none has been named.
75. Federal or State Agency Appoints Third Arbitrator if Parties Unable To
Select Arbitrator From Panel Submitted by Agency
Should the two members be unable to agree as to a third member within one
week, the appropriate United States or New York State government agency shall
be requested to submit a panel from which the third member shall be chosen by
the company and the union. Should they fail to select the third member from
the panel within one (1) week, the selected government agency shall designate the
third member who shall act as chairman of the arbitration board.
76. I f Parties Fail To Agree on Third Member, Appointment Made by American
Arbitration Association
I f the two members appointed by the parties hereto fail to agree upon the third
member within ten (10) days after their first meeting, the parties hereto shall
apply to the American Arbitration Association to designate the third member
o f the board.
77. I f Parties Unable To Choose Impartial Arbitrator, Selection Made From List
Submitted by American Arbitration Association
There shall not be more than ten (10) days elapse from the date of the decision
and notice o f either party to the other of a desire to arbitrate the complaint
until the arbitrators are selected and a date set for the hearing of the case.
I f at the end of ten (10) days from such notice, there has been no selection o f
the third arbitrator who is satisfactory to both parties, the American Arbitration
Association shall be asked to submit a list, or lists, o f arbitrators from which a
mutually acceptable third arbitrator may be selected.
78. Three Neutral Arbitrators Selected From Lists Submitted by Three Desig
nated Agencies
The board of arbitration shall consist of five (5) members, one member to be
designated by the union, one member to be designated by the company, and three
(3) neutral members to be selected as outlined herein. Within five (5) days
after the request for arbitration, the union shall appoint one arbitrator and the
company shall appoint one arbitrator, and these two shall meet and endeavor to
reach a settlement.
Should the two arbitrators be unable to reach a settlement within ten (10)
days, the three (3) neutral members of the board shall be selected in the following
manner:
A.
The Director o f the United States Department of Labor shall submit a list
of five (5) persons able and willing to serve. The arbitrator designated by the
union will be first permitted to strike one name from this list. The arbitrator
ARBITRATION
103
designated by the company will be next permitted to strike one name from snch
list. Then, alternately, each will strike one additional name and the person whose
name is not stricken from the list shall be one (1) of the three (3) neutral
members of the board.
B. The District Judge o f the Federal Court o f the appropriate Arkansas District
shall submit a list o f five (5) persons able and willing to serve. The arbitrator
designated by the union will be first permitted to strike one name from this list.
The arbitrator designated by the company will be next permitted to strike one
name from such list. Then, alternately, each will strike one additional name
and the person whose name is not stricken from the list shall be one (1) o f the
three (3) neutral members of the board.
C. The Public Service Commission shall submit a list of five (5) persons able
and willing to serve. The arbitrator designated by the union will be first per
mitted to strike one name from this list. The arbitrator designated by the com
pany will be next permitted to strike one name from such list. Then, alternately,
each will strike one additional name and the person whose name is not stricken
from the list shall be one (1) of the three (3) neutral members o f the board.
The three (3) neutral members selected as outlined herein, together with the
member designated by the company and the member designated by the union, shall
constitute the board of arbitration o f five (5) members and shall select one of
the neutral members to act as chairman.
79. American Arbitration Association Selects Arbitrator From 11-Name Panel
From Which Parties May Each R eject 5 Names
The arbitrator shall be selected in the following manner: The American Arbi
tration Association shall submit to each o f the parties duplicate lists o f the names
of 11 persons qualified to act as arbitrator. As soon as possible, and in any event
within 5 days from the receipt o f such lists, the local union and the company shall
each have the right to strike 5 o f such names from their respective lists, shall
indicate the order of preference for the names remaining on such lists, and shall
return such lists to the association. The American Arbitration Association shall
select the arbitrator from the name or names remaining.
80. I f Parties Unable To Agree on Arbitrator and, if Arbitrator Named in Contract
Unavailable, Arbitrator Appointed by Two Members Selected From Panel of
American Arbitration Association
If, after the procedure for settling disputes as set forth in this agreement has
been followed, there still remains any question of construction or interpretation
or application o f the provisions o f this agreement, such a question shall be
referred to an arbitrator agreed upon by the employer and the union, or in the
absence o f an agreement, to (name o f individual) as arbitrator, or if he is not
available, to an arbitrator o f the American Arbitration Association, within five
(5) days after the culmination of the third step in the grievance procedure.
Such arbitrator to be appointed in the following manner: The American Arbitra
tion Association shall submit its panel of arbitrators. Each party to this agree
ment shall designate one (1) member o f the panel and such designated members
shall appoint the arbitrator.
81. Federal Conciliation Service and American Arbitration Association Alter
nately Assist in Selection o f Impartial Arbitrator
Within 20 days following receipt o f such written demand, the union and the
company shall each select one arbitrator and shall endeavor jointly to select a
third arbitrator who shall be chairman of the board of arbitration. I f within
such period, the parties are unable to agree upon the selection of a chairman,
either party may request the U. S. Conciliation Service, Department o f Labor,
104
COLLECTIVE BARGAINING PROVISIONS
or the American Arbitration Association to submit a list o f arbitrators from
which the parties may jointly make such selection. In the first case which goes
to arbitration, the list of recommended arbitrators shall be furnished by the
U. S. Conciliation Service, Department of Labor; in the second case the list
shall be furnished by the American Arbitration Association; and alternately
by these two organizations in each case thereafter. I f the parties fail to agree
to a selection within 10 days from receipt of such list, the U. S. Conciliation
Service, Department of Labor, or the American Arbitration Association, which
ever has submitted the list o f recommended arbitrators in the specific case as
above prescribed, shall forthwith appoint the chairman in accordance with its
regular procedure.
82. Circuit Judge To Appoint Arbitrator if No Agreement on Selection
I f the four cannot select the fifth member for the board of arbitration within
ten (10) days, the selection shall be left to the calendar judge o f the Circuit
Court o f ------ County. The decision o f the board o f arbitration shall be final
and binding upon both parties to this agreement.
83. City Labor-Management Committee Appoints Impartial Arbitrator in Event
o f Deadlock
The company and the union shall appoint a representative, the two so appointed
shall appoint a third, who shall herein determine the matter. In the event the
representatives appointed by the company and the union are unable to agree
on the third party, the third party shall be designated by the Labor-Management
Committee o f Toledo, Ohio.
84. Federal Conciliation Service To Submit Names of 7 Arbitrators, Designated
Number of Which A re To Be From Specified Geographical Area. A fter
Each Party Eliminates 3 Names, Remaining Person Is Arbitrator
I f agreement cannot be reached within sixteen (16) days, then such differences
in matters o f working conditions, rate of pay, hours of work, and seniority may
be submitted to a committee for arbitration, this committee to be appointed in
the following manner: The company and the union will each appoint one member.
The parties will then attempt to agree upon the third member to act as impartial
arbitrator and chairman. The parties, failing to agree upon the third member
within seven (7) days after either party has appointed an arbitrator as provided
above, will then request the Director of the United States Conciliation Service
of the United States Department o f Labor to submit seven (7) names o f indi
viduals who are familiar with textile operations and submit this list to the
parties. The Director of the U. S. Conciliation Service will be requested that,
among the seven (7) individuals submitted, four (4) will be from the area
generally considered as the Southeastern area in one case and three (3) from
the area generally considered as the Southeastern area in the next case. The
company representative and union representative will meet not later than five (5)
days after the list is received and each will alternately eliminate, one at a time,
six (6) names from the list. The arbitrator whose name remains on the list
shall act as impartial arbitrator and chairman and his decision shall be final
and binding on both parties. A new list of names will be requested for each
arbitration case.
The company and the union will bear equally the expense o f all arbitration
proceedings.
85. Impartial Member Added if Bipartisan Board Unable To Agree
Both parties hereto agree that in case of trouble or any misunderstanding
between the parties to this agreement, the differences shall be arbitrated. Work.
105
ARBITRATION
shall proceed, pending the arbitration, under the conditions of this agreement.
All differences arising between the parties hereto shall be decided by the board
o f arbitration constituted in the following manner: Two to be selected by first
party and two by second party within twenty-four (24) hours, and in case of
disagreement o f the four so chosen, they shall select a fifth member, and the
decision o f a majority o f such board shall be binding upon both parties.
86. In Event of Deadlock, Impartial Arbitrator Added to Board or Dispute
Referred to Single Arbitrator
It is the desire of both parties to this agreement that matters o f difference
shall be settled amicably. For this purpose, it is hereby agreed that when
mutual adjustments in such matters cannot be arrived at, both parties may
proceed to create an arbitration board for the purpose of submitting to it such
matters of difference, and in such event this arbitration board shall be composed
o f three representatives appointed by the union and three representatives ap
pointed by the employer. A majority vote of all members of the board shall be
necessary for any action. I f the majority of the board does not agree upon
such a matter submitted to it within twenty-four (24) hours after final submis
sion to it, the board shall call in a disinterested party as the seventh arbitrator
acceptable to the majority o f the board, or by a majority vote may refer the
matter at issue to a sole arbitrator.
Option
of
Single A rbitrator
or
B oard
87. Tripartite Board Instead of Single Arbitrator Upon Request o f Either Party
Within ten (10) working days after receipt o f written notice of a demand for
arbitration sent by either party to the other the dispute shall be submitted to
arbitration before [name o f individual] as impartial arbitrator who shall act
during the term of this agreement. The impartial arbitrator shall hold hear
ings upon the issue, make such investigations as he shall deem necessary to
a proper decision, and render his decisions in writing which shall be final and
conclusively binding upon the parties hereto. In case either party shall demand
it, a three-man board of arbitration shall be constituted. This board shall con
sist o f [name o f individual] as chairman, a representative chosen by the union,
and a representative chosen by the association. A unanimous decision of this
board shall be final and binding upon the parties. In the event of a failure to
reach a unanimous decision, the written decision o f the impartial chairman shall
be final and binding on the parties hereto.
88. Single Arbitrator Instead o f Tripartite Board by Mutual Consent
In cases filed for arbitration, the company shall select one person, the union
shall select one person, and the two people so selected shall attempt to agree
on a third arbitrator and if they are unable to agree within ten (10) days upon
the selection o f the third arbitrator, a request shall be made to the American
Arbitration Association to name the third arbitrator.
By mutual consent, the parties may agree to the appointment; o f a. starlet
mutually agreeable arbitrator.
89. Tripartite Board To Arbitrate in Event of Failure To A gree on Single AfM*
trator
Should the grievance committee be unable to dispose o f any matter considered
by it, as hereinabove provided for, an impartial arbitrator shall be agreed upon
by said committee who shall act as a board of arbitration. Should the com
mittee be unable to agree upon a single arbitrator, two arbitrators shall be
8AS7440—50-----8„
106
COLLECTIVE BARGAINING PROVISIONS
selected, one by employer and the other by the union. Should either the em
ployer or the union fail to appoint its arbitrator within one (1) weels, after
receiving written notice from the opposing party of the appointment of its
arbitrator, the first arbitrator so chosen shall act alone as the board of arbitra
tion. Upon appointment of a second arbitrator in time and manner aforesaid,
the two so appointed shall choose and appoint a third, or umpire, arbitrator, and
the three so selected shall act as the board of arbitration.
90. Arbitration Board May Refer Grievance to Single Arbitrator Whose Decision
Is Subject To Review By Board
The board because o f the need to meet an urgent situation, may refer, by
unanimous decision, the disposition o f any grievance submitted to it in accord
ance with the provisions of this agreement to a single impartial arbitrator to
handle the grievance. In such event the decision of such arbitrator shall be final
unless either party shall, within ten (10) days of receipt of the decision, ask the
board to review such decision or unless the board shall unanimously agree to
review such decision o f its own motion at any time.
91. Single Arbitrator for Grievance Involving Technical Problems; Tripartite
Board for Other Grievances
There shall be three arbitrators, one selected by the union, one selected by the
employer, and a third selected by these two arbitrators. Should the two arbi
trators fail to agree upon a third arbitrator within ten (10) days after their
appointment, then the third arbitrator shall be appointed by the Director o f the
United States Conciliation Service. The decision of a majority of the arbitrators
shall be final and binding. The fee of the third arbitrator and his expenses shall
be borne equally by the parties and the fee shall not exceed $100 per day.
Where the grievance involves problems requiring the specialized knowledge of
an industrial engineer, then there shall be a single arbitrator, who must be a
qualified industrial engineer. Such arbitrator shall be selected by the parties, or,
if they fail to agree within ten (10) days o f the date upon which written
demand for arbitration is received, he shall be appointed by the Director o f the
United States Conciliation Service. The fee of the arbitrator and his expenses
shall be borne equally by the parties and the fee shall not exceed $100 per day.
P ermanent A rbitration
92. Permanent Arbitrator Designated
[Name of individual] of the New York State Mediation Board shall be the
arbitrator to whom all unresolved disputes shall be referred for final determina
tion. At such hearing the ------ Employers Association may have a repre
sentative present as an observer and shall be entitled to receive in each o f said
cases a copy of the arbitrator’s decision and award.
93. Permanent Arbitrator Designated. Joint Committee To Select Successor
Within 15 Days if Vacancy Occurs
The impartial chairman shall be [name of individual], who is hereby desig
nated to act throughout the term and continuance o f this agreement. In the
event of his resignation, permanent physical incapacity, or death, his successor
shall be chosen by a committee to be composed of three representatives o f the
union and three representatives o f the association, and the majority of the whole
committee shall be necessary to the choice of such successor. Such successor
shall be chosen within fifteen (15) days after the vacancy shall have occurred.
AEBITBATION
107
94. Permanent Arbitrator Designated, I f Parties Fail To Fill Vacancy in Office
Within 5 Days, Mayor o f New York Makes Appointment
The parties hereto designate [name of individual] as impartial chairman to act
during the term of this agreement.
Should the impartial chairman resign, refuse to act, or be incapable o f acting,
or should the office become vacant for any reason, the parties shall immediately
and within five (5) days after the occurrence o f such vacancy, designate another
person to act as such impartial chairman. If they fail to agree, the Mayor of
the City of New York shall, on application of either party, summarily make
such appointment.
95. State Governor To Appoint Impartial Chairman if Parties TJnable To Agree
Should the parties fail to agree upon and designate an impartial chairman or
should the impartial chairman resign, refuse to act, or be incapable o f acting, or
should the office become vacant for any reason, the parties shall immediately,
and within five (5) days after the occurrence of such vacancy, designate another
person to act as such impartial chairman. I f they fail to agree the Governor
o f the State of New York shall, on application o f either party, summarily make
such appointment.
96. Agreement Not Effective Until Impartial Umpire Named
Should negotiations between the company and the union at the final step of
the local grievance procedure fail to bring about an agreement between the
parties with respect to any grievance which properly comes under the jurisdic
tion o f the umpire as hereinafter defined, either party may, within thirty (30)
days, but no longer, after the final answer at the last step as outlined above,
submit the issue to the impartial umpire.
97. Arbitrator fo r Specific Case Chosen From Staff o f Three Permanent Arbitra
tors. Vacancies Filled From Lists Submitted by American Arbitration
Association
The parties have agreed that there shall be a staff o f three arbitrators for the
duration o f this agreement.
The parties designate as arbitrators the following: * * * * * ♦ ♦ * .
In the event of a vacancy caused by death or voluntary resignation o f a member
of the staff, the parties shall fill the vacancy within thirty (30) days by mutual
agreement from lists to be submitted by the American Arbitration Association
upon joint request of the parties.
A successor arbitrator shall be placed at the bottom o f the list.
When notice of intention to appeal to arbitration has been served by either
party, the parties shall forthwith jointly communicate with the staff of arbitrator
in the order listed to ascertain whether the case can be heard and a decision
rendered by the date fixed by the parties and, on the basis o f the replies, the
parties shall assign the arbitrator and set the hearing date.
98. Permanent Tripartite Board; Impartial Chairman To A ct Only in Event of
Deadlock Between Board Members Appointed by Parties
There is hereby created an adjustment board to function with the powers and
tduties herein conferred during the term thereof.
Such board shall be composed of a chairman (hereinafter referred to as impartial
^chairman) to be designated by the joint consent of the [employers' association]
;and the union, and two members designated by the union and two members desig
nated by the [employers' association]. Immediately after the effective date
hereof, the union and the [employers' association] shall in writing designate their
108
COLLECTIVE BARGAINING PROVISIONS
respective members o f the board and they shall respectively have the power from
time to time to change such designations and to designate other members, but
any member of the board, once designated, shall continue a member thereof
until a new member has been designated to take his place. I f an impartial chair
man shall not be designated by joint consent, as herein provided, within 10 days
o f the date of this contract, the position of the impartial chairman shall be filled
and an impartial chairman shall be selected and designated in the manner
provided below.
The initial term o f the impartial chairman shall extend to the anniversary date
o f the contract in 1949.
Should the parties fail to designate or redesignate an impartial chairman or
should a vacancy occur for any other reason the impartial chairman shall be
selected by the Director or Acting Director of the Federal Mediation and Con
ciliation Service.
*
♦
*
♦
♦
*
♦
Any matter submitted to the adjustment board, as herein provided, shall first
be considered and dealt with by the members of the board acting without
the impartial chairman, and any decision when embodied in writing and sub
scribed to by a majority of such other members o f the board shall be binding
upon the parties involved. The board, when so acting without the impartial
chairman, shall have seventy-two hours (Sundays and legal holidays excepted)
after the submission of any matter to the board, as herein provided, within which
to reach a decision with respect to the same and to take action thereon unless
such time is extended in writing by the impartial chairman.
On the failure o f the board, so acting without the impartial chairman, to
reach a decision on any matter submitted to the board, as herein provided,
within the time as hereinbefore fixed, the said matter shall be deemed to be
automatically submitted to the full adjustment board which shall then proceed
to consider and to deal with the same in accordance with the instructions of the
impartial chairman, and on written notice by him to the other members of the
adjustment board, the [employers’ association], the union, and the particular
employer or employers who may be involved; except that any two or more
o f such other members o f the board may on written notice to the remaining
members, demand that the matter be forthwith submitted to the full board
prior to the expiration o f the said time.
99. Permanent Chairman of Tripartite Board. I f Either Party Fails To Name
Its Board Member, Chairman Makes Appointment TJpon Bequest o f Other
Party. Chairman Acts as Sole Arbitrator if Both Parties Waive Bight
To Select Board Members
In the event that the procedure specified in article X V I [grievance procedure]
hereof shall not serve to settle a grievance within two (2) weeks, either the
company or the union shall have the right to refer the matter to an arbitration
board of three (3) persons, one to be selected by the union, one to be selected by
the company, and the third, who shall be the chairman o f the arbitration board,
to be [name of individual], or such other person as he shall designate. The
arbitrators to be selected by the union and the company shall be appointed within
three (3) working days after the date o f notice that arbitration is desired,
and if either party shall fail within such period o f three (3) days to appoint
an arbitrator, the other party may request the said [name of individual] to
appoint the third arbitrator. I f both the union and the company waive the
right to select an arbitrator, the said [name o f individual], or his designee,
shall be the sole arbitrator.
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100. Arbitrator To Be Appointed fo r 6-Month Term. American Arbitration Asso
ciation To Nominate 3 Persons or Make Appointment if Parties TJnable
To Agree
An arbitrator shall be selected by the parties within fifteen (15) days after
the execution o f this agreement, who shall serve as arbitrator during the first
six (6) months of this agreement on all matters for which arbitration is provided
in articles 27 and 28 hereof. In the event the parties cannot, within such fifteen
(15) days, agree upon an arbitrator, they shall then request the American
Arbitration Association to submit the names of three (3) persons who are con
sidered qualified for the position o f arbitrator, and the parties shall select one
of such three (3) persons as the arbitrator. I f the parties cannot agree on such
person within a period of five (5) days after the names are submitted by American
Arbitration Association then the final selection o f the arbitrator shall be left to
the American Arbitration Association.
At the expiration o f six (6) months, the arbitrator’s term shall be renewed
for the remaining six (6) months’ period o f this agreement, provided the com
pany and the union so agree. I f they do not, a new arbitrator shall be selected
by them in the manner hereinabove provided. Similarly, should the arbitrator,
at any time after being selected, be unwilling or become unable to serve then a
successor shall be selected by the parties to fill his unexpired term, in the manner
hereinabove provided.
101. Named Permanent Arbitrator or His Appointee To Service fo r Initial Period
of Agreement and Any Renewal
The impartial arbitrator shall be [name o f individual], or his appointee,
and he shall serve for the full period of this agreement or any renewal thereof.
102. Impartial Umpire Serves Only As Long As He Is Acceptable to Both Parties
The impartial umpire shall be a person jointly selected by the parties and
shall continue to serve only so long as he continues to be acceptable to both
parties.
103. Either Party May Terminate Services o f Impartial Umpire, But He Must
Rule on Pending Cases
The services o f the impartial umpire may be terminated by either o f the
parties to this agreement. Such desire to terminate the services of the umpire
must be made in writing to the umpire and the other party to this agreement.
The termination shall become effective immediately, but the umpire shall rule on
any cases which may have been appealed to him prior to the notification of
termination.
104. Impartial Chairman May Designate Another Person To Act for Him I f H e Is
Unable to Serve
It is hereby agreed that [name o f individual], or such person as may be
designated by him if he is unable to serve, is hereby designated as the impartial
chairman under this agreement
105. Parties May Select Deputy To Serve Under Supervision of Impartial
Chairman To Act During His Absence or Incapacity
The parties hereto may at any time during the term o f this agreement or
renewal thereof designate a deputy impartial chairman to act for the impartial
chairman and under his supervision and direction whose compensation and
expenses shall likewise be borne jointly by the employer and the union. He may
act during the absence or incapacity o f the impartial chairman.
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COLLECTIVE BARGAINING PROVISIONS
Q ualifications
of an
A rbitrator
A few contracts specify eligibility qualifications for arbitrators.
F or example, only engineers or other technically trained and experi
enced persons may be allowed to arbitrate disputes involving time
study and incentive systems. Appointment o f lawyers and public
office holders is occasionally prohibited. To prevent selection o f an in
dividual whose judgment might be prejudiced from association with
the parties involved in the dispute, persons living within a specified
distance o f the plant may be declared ineligible for service as arbi
trators. The reverse situation is sometimes fou n d: a person fam iliar
with the area and the industry is preferred and so specified by the
contract.
In the case o f a tripartite board, the employer or union is usually
free to choose anyone as its representative on the board, but a few
agreements prohibit the appointment o f representatives who are
members o f or are affiliated with the union or employer organization.
106. Public Office Holder Not Eligible To Be Arbitrator
No person holding an elective or appointive public office shall be eligible
to serve upon this joint arbitration board, and should a member be elected
or appointed to such office, his membership shall immediately terminate and a
successor be selected, in the manner herein set forth.
107. Lawyers Barred From Arbitration Board
No lawyer or legal adviser shaU be eligible to act as a member o f the arbitration
board.
108. Persons Affiliated With Company and Union Not To Serve as Their Repre
sentatives on Arbitration Board
The arbitrator to be selected by the union shall not be a member of the union
or affiliated with the [international union], and the arbitrator to be appointed
by the company shall not be an employee o f the company or affiliated with the
International Telephone System.
109. Industrial Engineer To Arbitrate Cases Involving Wages, Incentive Pay,
and Time Studies
Grievances, disputes, or differences regarding the application, construction, or
interpretation of any term or provision contained in—
Article X V II—Wages.
Article X V III— Incentive Pay.
Article X IX —Time Studies.
which cannot be adjusted voluntarily by the parties by means of the grievance
procedure set forth in article VI, Adjustment of Differences; shall be submitted
to arbitration in the same manner according to the rules set forth in article VII,
section 1 [Arbitration], except that the third arbitrator selected shall be an indus
trial engineer or an equally qualified individual by reason o f experience or train
ing in scientific management to determine the solution of job evaluation, wage and
incentive plan problems, and disputes.
ARBITRATION
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110. Arbitrator of Grievance# Involving Incentive System To Be Expert on Incen
tive Systems or To Employ Services of Expert
♦ * * in the event any grievance involving claimed misapplication of the
incentive system is referred to arbitration, the impartial chairman selected under
the requirements hereinbefore outlined shall be an impartial expert on incentive
systems or shall employ the services and advice of such an impartial expert.
111. Arbitrator Not To Live in Vicinity of Plant
The arbitrator shall not reside within one hundred (100) miles of the plant.
PROCEDURAL RULES AND REGULATIONS
Normally, arbitration proceedings are conducted inform ally; rela
tively few agreements contain any specific details concerning the con
duct o f such proceedings. Some agreements, on the other hand, stipu
late that the parties are to agree upon the method o f arbitration when
the need arises; others, that the arbitrator or the arbitration board
once constituted, shall determine the procedure for the conduct o f the
arbitration.
Occasionally, an agreement w ill explicitly refer to various aspects
o f the procedure, such as admission o f evidence and authority o f the
arbitrator to make independent investigations, to compel the parties
to submit evidence, and to require sworn testimony. In some instances,
the agreement simply states that the rules o f the American Arbitration
Association w ill be followed.
Even though the contract is silent regarding arbitration rules, it
may usually be assumed that the arbitrator or the arbitration board
has authority to establish necessary rules for the orderly conduct o f
the proceedings. In order to prevent undue form ality and inflexibil
ity, some agreements specify that the procedure w ill not be governed
by strict legal rules.
Some agreements require that employees involved in arbitration
cases be present at the hearing. Others require only that the company
release from work employees who are needed to testify at hearings.
The company may also be specifically prohibited from discriminating
against employees who give testimony at hearings.
Both parties may be required to submit written briefs setting forth
their respective positions and the supporting evidence. Oral hearings
are sometimes waived by mutual agreement.
Other procedural regulations pertain to the time and place o f arbi
tration hearings and the keeping o f a stenographic record, admission
o f outsiders to the hearing, order in which the parties present their
positions, and the right to cross-examine witnesses.
Some contracts require the arbitration decision to be based on the
testimony o f the party appearing .at the hearing if the other party
refuses to appear. Other contracts provide for outright forfeiture o f
the case for other types o f noncooperation, such as refusal o f a party
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COLLECTIVE BARGAINING PROVISIONS
to appoint a representative to a joint arbitration board. In practice,
o f course, whether or not the arbitrator w ill hold ex parte hearings
w ill depend on his conception o f the arbitration function.
The number o f times the same issue may be arbitrated in a given
period, the number o f cases which one arbitrator may hear, and
the withdrawal o f cases after referral to arbitration are sometimes
restricted.
Strikes and lock-outs on matters pending arbitration are generally
prohibited, and some agreements do not allow the arbitrator to con
sider cases involving strikers while the strike is in effect. ( See Bulletin
No. 908-13: Strikes and Lock-Outs; Contract Enforcem ent).
112. Rules for Conduct of Arbitration Proceedings and Admission o f Evidence.
Board to Decide Mattel's Pertaining to Procedure
The fifth member of the arbitration board shall act as chairman of the hoard.
The board, by a majority decision, shall decide on all matters pertaining to pro
cedure in connection with the presentation o f the arbitration case. A part o f
the procedure shall be as follow s:
(a) The party submitting the grievance shall not be obliged to present its
case first, but will be obliged to present its closing argument first.
(b) Decisions on procedure by the board of arbitration shall not be governed
by strict legal rules but may be based on any logical evidence of probative value.
(c) Hearsay shall not be considered logical or permissible evidence.
In reaching an award, the arbitration board shall not go beyond the evidence
submitted and shall interpret only the signed agreement between the parties
hereto, and it shall not be the right of the arbitration board to render decisions
which have as their effect the enforcement on either party of new rules or regu
lations covering the conduct o f either the company or the employees covered
hereunder.
113. Rules of American Arbitration Association To B e Binding
In connection with such arbitration the parties shall be bound by the appli
cable rules and regulations of the American Arbitration Association and an
award of the arbitrator so designated shall be final and binding on all parties with
respect to the matters thus submitted to him.
114. Contract Provisions Control in Event o f Conflict With Rules o f American
Arbitration Association
All arbitrations shall be conducted in accordance with the Voluntary Labor
Arbitration Rules, as amended, of the American Arbitration Association, except
that if those rules conflict with the provisions of this agreement, then the pro
visions of this agreement shall control.
115. Complaimng Party To Present Case First.
at Discretion of Arbitrator
Outsiders Admitted to Hearing
In the hearing the complaining party and the opposing party shall, in that
order, present their respective cases. Persons other than the parties and author
ized representatives and witnesses may be admitted to the hearing in the discre
tion o f the arbitrator.
116. Arbitrator Not Bound by Strict Rules o f Evidence.
Make Investigations fo r Arbitrator
Board of Inquiry May
The arbitrator shall not be bound by the strict rules o f evidence and shall
be permitted to look beyond this agreement, although this agreement shall serve
ARBITRATION
113
as the primary source for determining the arbitration. The arbitrator shall
have the power, when he deems it necessary, to refer matters to a fact finder
or board of inquiry, the costs, if any, to be borne equally by employer and union.
Such fact finder or board of inquiry, shall report its findings without recom
mendation to the arbitrator. The arbitrator shall not be required to render
an opinion upon his decision, award, or decree.
117. Arbitrator May Make Inquiries Outside of the Hearing
The arbitrator may, if it is deemed necessary, make inquiries or obtain proofs
outside of the hearing and the parties to the dispute shall, so far as practicable,
facilitate the making of such inspections and the securing of data relevant to
the hearing. The cost o f such inquiries or investigations shall be borne equally
by the parties to the agreement.
118. Arbitrator To Secure Technical Advice From Federal Conciliation Service,
if "Needed
The arbiter shall promptly make such investigation, hear such testimony and
consider such matters as may be material, including any report made by any
technician of the United States Conciliation Service concerning the question
under arbitration, and as promptly as possible reach a decision. Both the com
pany and the union shall be afforded a full opportunity to present such evidence
as they may deem necessary, or as the arbiter may request or demand. I f the
arbiter needs the services of technical advisers, he shall secure such services
from the Conciliation Service of the United States Department of Labor.
119. Board Authorized To Call for Any Material Evidence
The arbitration board shall have the authority to call for any material evi
dence written or oral. The parties affected may present any evidence, written
or oral, of matters material to the complaint.
120. Employer To Submit Necessary Records fo r Examination by Board
In any proceedings, hereunder, upon request o f the union, or upon the direc
tion of the arbitration board, the employer shall submit all necessary records
for examination by the arbitration board for the purpose o f ascertaining whether
the terms and conditions o f the agreement are complied with by the employer.
121. Evidence Admitted Only While Arbitration Committee Is in Session
""All evidence shall be received and witnesses may be cross-examined. Evidence
shall be heard or received by the arbitration committee and only before the
arbitration committee while in session.
122. Arbitrator May Require Testimony To B e Given Under Oath
The arbitrator, in his discretion, may or shall, upon the demand o f either
party, require parties or witnesses to testify under oath.
128. Arbitrator’ s Oath Waived
It is hereby expressly agreed between the parties hereto that the oath o f
arbitrator required by section 1455 of the Civil Practice Act and Arbitration
Laws of the State of New York, is hereby expressly waived.
124. Employee Present at All Arbritration Hearings
I f no agreement is reached the matter shall be referred to arbitration and
the arbitrator shall be determined at the time of request for arbitration. The
employee shall be present at all hearings in the case of arbitration.
125. Employees Excused From Work Without Loss of Pay if Required To Appear
Before Arbitration Board
In the event members of the union are required to appear before the arbitra
tion board or conference committee, they shall be excused from their regular
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COLLECTIVE BARGAINING PROVISIONS
duties without loss of pay, except that the number of employees called for such
hearings at any one time will not be such as to disrupt the service and none
will be called until reasonable notice has been given to the department head
or foreman in charge.
126. No Discrimination Against Persons Testifying at Arbitration Hearings
Persons who testify at any arbitration hearing will not be discriminated
against.
127. Both Parties Entitled To Cross-Examine Witnesses
Either party to an arbitration proceeding held under the provisions o f this
article may demand an opportunity to cross-examine any witness who, either
orally or in writing, gives testimony, and the arbitrator shall afford such party
such opportunity before closing any hearing in such proceeding.
128. Each Party To File With the Other and With Arbitrator a Statement of
Facts and Reasons for Its Position on Grievance
Not later than the 25th day following the date of the decision appealed
from, both parties shall have prepared, exchanged, and forwarded each to
the other and jointly to the arbitrator their respective statements setting forth
all facts and circumstances surrounding the grievances and their respective
reasons in support of the position taken. The statement of each party must
contain all the relevant facts tending to support its contentions.
129. Restrictions on Admission of New Issues and Evidence at Arbitration
Hearings
At the hearing oral arguments will be permitted only on points contained
in the written statements. If it appears to the arbitrator that testimony other
than that contained in either of the statements of the parties is desirable or nec
essary, such testimony may be declared admissible by the arbitrator.
No evidence shall be admitted on issues or p o s itio n s other than those raised
or taken in the written statements o f the parties, unless the party offering
such evidence has notified the other in writing at least 5 days prior to the
hearing of such new or additional issue or position and the nature of the
evidence to be offered thereon. It is the purpose hereof to safeguard each
party against changes in position by the other after the grievance procedure
has been completed.
180. Oral Hearings Waived by Mutual Agreement
The parties may provide by written agreement for the waiver of oral hear
ings and the proceedings shall then be conducted in the manner which the
parties specify.
131. Arbitrator To Determine Whether Statement of Issues Is To Be Written
or Oral
Within 10 working days after receipt of a request for arbitration, on a date
satisfactory to both parties and to the arbitrator, the parties shall at the
time and place appointed by the arbitrator appear and present for his con
sideration a statement of the issues involved either in writing or orally as
the arbitrator may dictate.
132. Reporter May Be Employed To Keep Record of Proceedings
The arbitration committee may employ a reporter to keep a record o f the
arbitration proceedings. In case the arbitration committee does not employ
a reporter, either party to said proceedings may do so at its own expense.
ARBITRATION
115
133. Arbitration Board Meetings Not To Be Held on Company Property
All meetings of the arbitration board shall be held at a mutually agreeable
place off the company’s property.
134. Arbitrator May Make Decision on Basis of Testimony of Party Appearing,
if Other Party Fails To Appear
In the event that a party to an arbitration proceeding hereunder shall wil
fully default in appearing before the impartial chairman at the time and place
designated by the latter for hearing pursuant to written notice served per
sonally or by mail, the impartial chairman is hereby empowered to take the
testimony and evidence o f the party appearing and to render his award thereon.
Such award shall be final and binding with the same force and effect as if both
parties had appeared.
135. Case Forfeited by Failure of Party To Designate Its Arbitrator, To Coop
erate in Selection of Impartial Arbitrator, or To Appear Before Arbitration Board
Should either party (a ) fail to designate its arbitrator or join the other
party in asking the American Arbitration Association to appoint a panel within
two (2) weeks after receipt of written notice of intention to arbitrate a
grievance, (b) fail to cooperate with the other party in selecting an impartial
chairman within five (5) calendar days after receipt o f a panel of persons
submitted by the American Arbitration Association, or (c ) fail to appear and
present its position before an arbitration board, it shall be deemed to have
waived its case.
136. Agreement Considered Violated if Association or Union Members on Joint
Arbitration Board Fail To Meet and Maintain Quorum
Failure on the part o f the arbitrators to meet as provided in article VII,
paragraph 11, and to present and maintain a quorum for the consideration of
any matter referred to it, as provided in article VII, paragraph 12, will be a
violation of this agreement on the part of the association or union whose
members on said joint arbitration board fail to have present sufficient members
to transact business as provided in article VII, paragraphs 11 and 12, and the
matter in dispute may then be referred, by either of the parties hereto, to the
umpire, whose decision shall be final and binding on the parties hereto.
137. No Issue To Be Arbitrated More Than Once in 12-Month Period
I f a question or issue has been submitted to arbitration and an award entered
thereon, the same question or issue shall not be submitted to arbitration again
within twelve (12) months after the date o f the award whether first arbitrated
under the terms of this agreement or under the terms of any prior existing agree
ment between the parties hereto. Any dispute as to such fact shall be the first
issue defined and determined in any arbitration proceeding.
138. No Issue To Be Arbitrated More Than Once
No issue shall be arbitrated more than once, and any dispute as to whether
an issue has previously been arbitrated shall be the first question determined in
any arbitration proceeding.
139. No Arbitrator To Hear More Than 8 Cases
Within thirty (30) days after the date of this agreement, representatives o f
the parties hereto will obtain from the American Arbitration Association a list
o f arbitrators, and will agree upon a panel of three (3) arbitrators, obtaining
additional lists, if necessary. The parties shall furnish to said association the
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COLLECTIVE BARGAINING PROVISIONS
names o f the arbitrators so selected. Thereafter, the association shall designate
one of said arbitrators to hear each grievance that may be appealed to arbitra
tion but no one arbitrator shall hear more than three (3) grievances. I f said
panel shall be exhausted, representatives of the parties shall in the same manner
select a second panel of arbitrators to hear grievances arising thereafter, each
of whom may hear not more than three (3) grievances. The arbitrator so
designated shall thereupon hold a hearing under the rules o f the American
Arbitration Association and shall render a decision which shall be final and
binding upon both parties.
140. Arbitrator Not To Serve in Two Consecutive Arbitrations Except by Consent
of Both Parties
No arbitrator shall be chosen to serve in two (2) consecutive arbitrations
unless by mutual consent of the parties. All costs or charges of the arbitrator
shall be paid equally by the company and the union.
141. Separate Arbitrator Selected for Each Grievance
Where two or more grievances are processed to arbitration, separate arbi
trators shall be selected for each grievance, unless otherwise mutually agreed.
142. Either Party Entitled To Insist That a Case Be Beard by Special Board
Rather Than General Board
When a number of cases are pending fo r arbitration at the same time, they
shall be presented to a single arbitration board. However, either party may,
upon showing of good and sufficient reason, insist that a specific case be tried
by a special arbitration board.
143. No Withdrawal o f Case A fter Referral to Arbitration Except by Mutual
Consent
After a case on which the umpire is empowered to rule hereunder has been
referred to him, it may not be withdrawn by either party except by mutual
consent. Any claim with origin prior to the date hereon may not be appealed
to the umpire provided for herein, except by mutual consent.
144. Prohibition of Strikes, Lock-Outs, and Boycotts Regarding Matters Pend
ing B efore Arbitration Board
During such time as the matter is pending before the arbitration board, there
shall be no lock-out, strike, boycott, or stoppage of work. The decision o f the
arbitration board shall be final and binding upon both parties hereto.
145. Board Not To Consider Cases Involving Strikers While Strike Is in Effect
I f this agreement is violated by the occurrence of a strike, work stoppage,
or interruption or impeding of work at any plant or subdivision thereof, the
board shall refuse to consider or decide any cases concerning employees involved
in such violation while such strike, work stoppage, or interruption or impeding
of work is in effect.
146. Expiration of Agreement Not To Affect Arbitration Cases Initiated Prior
to Expiration
Any arbitrations or proceedings commenced prior to the expiration of this
agreement shall survive the agreement with respect to a continuation of an
arbitration, the making of an award, filing of an award, confirmation, and exe
cution, except that such continuance shall not be construed as an extension o f
the term o f this agreement.
ARBITRATION
117
T IM E LIM ITS ON ARBITRATION PROCEDURE
Time limits are often specified to avoid delay in settling disputes
and to prevent obstruction o f arbitration by either party. Lim its
are often established on appeal to arbitration after the last step o f
the grievance procedure. Presumably, if the dispute or grievance is
not appealed within the specified time limit, the right to arbitrate
the dispute is waived; some agreements state this explicitly. Time
limits are also often set for any one or all o f the several stages in
the arbitration process, i. e., selection o f the arbitrator or arbitrators
after the date o f appeal, the conduct o f the hearings, and the render
ing o f decisions. In some instances, an over-all time lim it is fixed
for the entire arbitration process, from initiation to decision. E x
tension o f time limits may be permitted by mutual consent o f the
parties or by agreement o f members o f an arbitration board. In some
contracts, there is a pledge in general terms by the company and
union to expedite the arbitration proceedings in every way possible
although specific time limits are not provided.
147. Time Limit on Appeal to Arbitration A fter Exhaustion of Grievance
Procedure
The notice o f intention to arbitrate the matter must be given in writing by
either party to the other within fourteen (14) calendar days following the
conclusion of the fourth [last] step of the grievance procedure set forth in
section V above.
148. Minimum and Maximum Limit on Appeal to Arbitration.
May B e Waived by Mutual Consent
Minimum Limit
I f the grievance has not been satisfactorily settled between the executive
shop committeemen and management and is subject to arbitration, either party
may refer the matter to arbitration between the 10th and 21st day after either
party has notified the other that they consider that the grievance procedure
has been exhausted, the matter will be eligible for reference to arbitration
immediately.
149. No Arbitration if Grievance More Than 60 Days Old
No grievance may be presented to the [name o f arbitration agency] later than
sixty days (60) after its first presentation by either party to the other.
150. Time Limit on Submission of Dispute to Permanent Arbitrator A fter
Demand fo r Arbitration
Within ten (10) working days after receipt o f written notice o f a demand for
arbitration sent by either party to the other, the dispute shall be submitted to
arbitration before [name o f individual] of the Massachusetts Institute o f
Technology as impartial arbitrator who shall act during the term o f this
agreement.
151. Time Limit on Selection o f Single Arbitrator
The parties shall designate a mutually satisfactory arbitrator, and in the
event the parties shall fail to agree upon tihe arbitrator within three (3) days
after arbitration is requested in writing by either party, then the Voluntary
Industrial Arbitration Tribunal o f the American Arbitration Association shall,
at the request o f either party, appoint the arbitrator.
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COLLECTIVE BARGAINING PROVISIONS
152. Time Limit on Selection o f Impartial Arbitrator by Arbitrators Representing
Company and Union
The two arbitrators so designated [by company and union] shall promptly
meet and shall, within five (5) working days after their appointment, select a
third arbitrator, who shall act as impartial chairman.
153. Time Limits on Selection of Company and Union Arbitrators and Impartial
Arbitrator and on Rendering Decision
The board o f arbitration shall be comprised of the following: Two (2) repre
sentatives to be selected by the employer, two (2) representatives to be selected
by the union. Such selections are to be completed within a period of seven (7)
days from the date o f the written request for arbitration by either party. The
four so selected shall select a fifth person who shall be the impartial referee
or arbitrator. In the event that the first four (4) representatives cannot agree
upon a fifth member within five (5) days from the date of their selection, the
United States Conciliation Service shall be requested to appoint a fifth person.
The arbitration board thus constituted shall consider the matter referred to it
and shall render its decision within seven (7) days from the date o f the final
submission.
154. Impartial Chairmm To B e Selected Within 5 Days and Decision Rendered
Within 10 Days
A committee consisting o f one representative of the union, one representative
o f the company, and a third member chosen by the other two, will act as an
arbitration board, the third member to serve as impartial chairman. The
impartial chairman shall be selected within five (5) days and a decision rendered
within ten (10) days.
155. Arbitration Board To Render Decision Immediately A fter Testimony Has
Been Completed
The arbitration board, as above constituted, shall hear all evidence on the
case, or cases, referred to it and with all members present render its decision in
writing and signed by a majority of its members immediately after testimony
has been completed. The arbitration board, in meeting to render a decision
or to hear a case, shall not be compelled to be in session at other than 8 a. m.
to 5 p. m., Monday through Friday, holidays excepted.
156. Decision To Be Rendered Within 7 Days A fter Evidence Has Been Closed
The arbitration committee shall decide said matter as soon as possible, and in
any event within seven (7) days after the evidence has been closed.
157. Decision To B e Rendered Within 5 Days o f First Meeting o f Arbitration
Board
The three arbitrators shall hear the evidence in the case submitted and render
their decision, by majority, within five (5) days of the first meeting, if possible,
and such decision of the arbitration board shall be final and binding upon both
parties.
158. Time Limit for Action on Dispute May Be Extended by Mutual Agreement
Any dispute referred to the board of arbitration shall be acted upon within
ten (10) days unless mutually agreed to be longer.
159. Award Made “As Soon As Possible” A fter Completion o f Hearing
The award shall be made in writing as soon as posible after the hearing has
been completed.
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119
160. Time Limits on Appeal to Arbitration, Appointment of Arbitrators, Holding
Hearing, and Rendering Decision
I f a satisfactory adjustment of such grievance shall not have been reached
in step 5, and, except as hereinafter otherwise provided, if such grievance shall
involve the interpretation and application of the provisions of this agreement,
either party may, provided written notice of its intention is given the other party
within ten (10) days after the conclusion o f discussions at step 5, submit such
grievance to an arbitration hoard consisting of one (1) member designated by
the company and one (1) member designated by the international, both o f whom
shall act in an advisory capacity only, and an impartial chairman designated by
the American Arbitration Association. The members o f the arbitration board
shall be designated within five (5) days after the giving of such written notice,
and shall, within ten (10) days after their designation, afford the union and
the company a reasonable opportunity to present evidence and to be heard in
support of their respective positions with regard to such grievance. The arbitra
tion board shall reach a decision within twenty (20) days after the hearing on
such grievance and the decision of the impartial chairman on any grievance which
shall have been submitted to the board in accordance with the provisions o f this
agreement shall be final and binding upon the company, the union, and the
employee or employees concerned.
161. Over-all Time Limit on Arbitration. Procedure A fter Board Is Organized
The entire arbitration procedure shall not exceed ten (10) days in length
from the time that the three-man board o f arbitration is first organized.
162. No Time Limits But Board, Company, and Union To Use Every M em s To
Expedite the Proceedings.
The arbitration board shall use every means to expeditiously present, consider,
and decide any and all matters submitted, as herein provided, and the company
and the union agree to facilitate the deliberations of the said board in every
way possible.
COST OF ARBITRATION
It is customary for the agreement to provide that the company and
union shall share equally the cost o f arbitration. In the case o f a
single arbitrator, the cost is divided equally. In the case o f an arbitra
tion board, each party usually bears the expense o f its representative
and pays one-half o f the costs o f the impartial chairman and other
administrative expenses.
Each party may also be required to bear the expenses o f witnesses
which it calls or to share the expenses o f witnesses called by the arbi
trator. Fines assessed for violation o f the contract are sometimes
used to defray the cost o f arbitration.
Some few agreements require the losing party or the party initiating
the arbitration to pay for the cost o f arbitration; others do not state
how the cost is to be met.
Many agreements set a maximum lim it on the amount o f the arbi
trator’s fee and expenses.
163. Cost Shared Equally by Parties
The cost or expense of any such arbitration shall be borne and paid jointly
by the parties hereto, each o f them paying one-half thereof.
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COLLECTIVE BARGAINING PROVISIONS
164. Chairman’s Annual Retainer, Fee Per Case, and Expenses, Borne Equally
by Parties
The chairman shall be engaged on an annual retainer and fee per case basis and
expenses, which shall be borne equally by the corporation and the union.
165. Tripartite Board: Each Party To Bear Cost of Its Appointee, Counsel, and
Witnesses; Equal Division o f Expenses of Board Chairman, Room Rental,
and Other Expenses
The compensation and expenses o f the company and the union appointees,,
their counsel, witnesses, and others who act for them in the presentation of the
matter will be paid by the respective parties. The compensation and expenses
o f the chairman of the board, room rental, and other necessary expenses shall be
divided equally between the parties.
166. Each Party To Pay Cost of Its Own Representative on Permanent Arbitration
Board and Share Equally All Other Expenses. Board’s Budget Must Have
Unanimous Approval of Its Members
The board shall have the authority to obtain suitable offices which shall be
located in Pittsburgh, Pa., and to employ the services o f necessary personnel to
meet its requirements. The company and the union shall bear the separate cost
of the compensation and expenses of their respective representatives serving on
the board. All other expenses of the board and the compensation of the chairman
of the board shall be shared equally by the company and the union. The board
shall operate within a budget which must have the unanimous approval o f the
members o f the board.
167. Losing Party To Pay Expenses and Cost o f Arbitration
I f the arbitrator definitely decides in favor of one party, the expenses and fees
of the arbitrator will be paid by the other or losing party.
168. Loser Bears C ost; Arbitrator To Stipulate Which Party Is Loser
The administration fee and cost of arbitration shall be borne by the losing party.
The arbitrator in making the award shall stipulate which party is the loser.
169. Losing Party To Pay Cost of Impartial Arbitrator. Expense Shared in Event
of Compromise Decision
Each party shall pay the fees and expenses of its own arbitrator. The fees and
expenses of the third arbitrator shall be borne by the loser as evidenced by the
majority decision o f the arbitrators. Should the majority decision of the arbitra
tors result in a compromise decision, then the salary and expenses of the third
arbitrator shall be shared equally by the company and the union. Each party
shall be responsible for all expenses incurred by it in the presentation of its case,
including the payment for time lost by any employee called as a witness.
170. Company Pays Arbitration Costs mi Grievances Which I t Initiates; Equal
Division of Costs on Grievances Initiated by Union
The arbitrator’s fees and direct expenses shall be paid for as follow s:
A. On grievances instituted by the union and appealed to arbitration, these
fees and direct expenses shall be borne equally by the corporation and the union.
B. On grievances instituted by the corporation and appealed to arbitration,
these fees and direct expenses shall be borne by the corporation.
171. Impartial Arbitrator Cost Exceeding $100 Paid by Employer
It is further agreed that should any complaint, grievance, or dispute go to
arbitration, the employer shall defray the cost, fees, and expenses of the arbitra
tor appointed by it, and the union shall defray the cost, fees, and expenses o f the
arbitrator appointed by it. The cost, fees, and expenses of the third arbitrator
ARBITRATION
121
shall be shared equally between the employer and the union, except that so much
o f such cost, fees, and expenses as exceeds one hundred dollars ($100) shall be
paid entirely by the employer.
172. Arbitrator's Cost and Union’s Arbitration Expenses Borne by Company if
It Appeals Grievance to Arbitration
In the event the company appeals a grievance to arbitration, the company
will pay the entire arbitrator’s fees together with his expenses incident to the
particular problem presented to him. In addition, the company will reimburse
the union, up to one thousand dollars ($1,000) for each case the company appeals
to arbitration, for necessary expenses incurred by the union in connection with
such arbitration proceedings.
173. Sixty Percent of Arbitration Cost Borne by Company and 40 Percent by
Union
Costs of such arbitration procedure shall be borne by both parties. The com
pany to pay sixty percent (60% ) and the union to pay forty percent (40% ).
174. Union Not Liable for Expenses in Cases Initiated by Individual Employees
Without Its Approval
I f any individual or group of employees should file or appeal a complaint to
which the union refuses to be a party, the company agrees that if the matter
becomes a case for arbitration the union shall not be held liable for any expenses
incurred as a result of the arbitration proceedings. The company further agrees
to notify the union of any such action taken by any employee or group of
employees and the union may have a representative present at all meetings if
they so desire.
175. Individual Employees Taking Grievances to Arbitration To Pay One-Half
of Expense of Arbitrator
The fees and expenses of the arbitrator shall be borne equally by the parties.
I f a grievance is carried to arbitration under section F (3) (b) the individual
or group of individuals involved shall bear one-half and the company one-half
of the expense of the arbitrator.
N ote .— Section F (3 ) (b ) provides for the handling of grievances by an indi
vidual employee or group of employees in accordance with section 9 (a) of the
Labor Management Relations Act of 1947.
176. Umpire's Fees and Expenses To B e Predetermined and Agreed Upon by Both
Parties
The company and the union each agree to pay one-half of the fees incidental to
such arbitration. It is understood the fees and expenses of said umpire are to
be predetermined and agreed upon by both parties.
177. Maximum Limit on Daily Expense and Total Expense of Any One Arbitration
Each party agrees to individually be responsible for the payment of its own
arbitration representative. They shall, however, share equally the expenses for
the third arbiter and any other expenses incidental to the arbitration. It is,
however, agreed between the parties hereto that the daily expenses of any arbitra
tion shall not exceed fifty dollars ($50) per day and that the total expenses of
any one arbitration shall not exceed two hundred and fifty dollars ($250).
178. Maximum Fee of $100 Per Day for Conducting Hearings and $50 Per Day for
Preparing Report, Plus Transportation and Expense Allowance
The fee for the arbitrator shall not exceed $100 per day for all or any part
of a day spent in conducting a hearing in connection with the matters being
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122
COLLECTIVE BARGAINING PROVISIONS
arbitrated and shall not exceed $50 per day for all time spent in reviewing the
transcript, if any, and for preparing, writing, and submitting the final decision.
In addition the arbitrator shall be allowed first class transportation and $10 per
diem for subsistence, hotel, and other normal traveling expenses.
179. Minimum Fee of $50 Per Day Plus Expenses
Each o f the parties shall pay the expense and compensation incident to the
services o f its selected member, and a fee of fifty dollars ($50) per day plus
expenses, or more if justified in unusual cases, shall be paid jointly by the
corporation and the union for the services of the third member o f the board.
180. Each Party To Pay Expenses of Its Own Witnesses and Share Equally
Expenses of Witnesses Called "by Arbitrator
The expenses of each witness and the compensation o f any assisting witness
for either side shall be paid by the party producing such witness but the expenses
of any witness or the cost of any proofs produced at the direction o f the arbitrator
shall be borne equally by the parties unless the parties mutually enter into some
other arrangement.
181. Expenses of Witnesses Called by Umpire Allocated to Parties at Umpire’s
Discretion.
The fees and expenses of the umpire will be shared equally by the company
and the union. All other expenses shall be borne by the party incurring them,
and neither party shall be responsible for the expenses of witnesses called by the
other. The expenses o f any witness called by the umpire shall be allocated to the
parties by the umpire, in his discretion.
182. Cost of Stenographic Record of Testimony Borne by Party Requesting Record
The arbitrator shall make the necessary arrangements for the taking o f a
stenographic record o f the testimony when such a record is requested by one or
more of the parties and when payment o f the cost thereof is assumed by such
party or parties.
183. Equal Division of Cost of Stenographic Record if Used by Both Parties
Either the employer or the union may secure the services of a stenographer.
When both sides use the notes or transcripts of the stenographer the expense
shall be borne equally. When the stenographer is used exclusively by one side,
then the expenses shall be borne by the side employing the stenographer.
184. Damage Assessments for Contract Violations Used To Defray Expenses of
Office of Impartial Chairman
In the event that the impartial chairman or the board of arbitration, as the
case may be, shall adjudge any employer guilty of any violation or breach of
any o f the terms, conditions, and provisions of this agreement, he or it may, in
his or its discretion, in addition to any directions or orders which he or it may
make in the premises, require such employer to pay damages for such violation
or breach. The amount o f such damages shall be determined with reference to
the nature and extent of the violation or breach and shall be sufficiently adequate
to offset any advantage gained by the employer by reason of such violation or
breach.
The damages so assessed shall be turned over to the impartial chairman
towards defraying the expenses of his office, except that such damages which are
assessed and collected to remunerate the workers who have sustained same shall
be turned over to the union for such workers.
ARBITRATION
123
T H E AWARD AND ITS ENFORCEMENT
Since the purpose of arbitration is to obtain a final and conclusive
settlement, nearly all contracts specify that the arbitrator’s decision
is “ final and binding.” Occasionally, however, contracts stipulate that
the decision is subject to court review or that the decision is binding
on questions of fact but not on questions of law. In accordance with
commonly accepted legal principles, the award may also be considered
not binding if the arbitrator exceeds the jurisdiction accorded him by
the contract (or the stipulation to arbitrate) .4
When the union agrees to accept arbitration decisions as final and
binding, it may also pledge its best efforts to discourage individual
members from appealing arbitration awards to a court or governmental
labor board.
In the event that a tripartite board is unable to reach a unanimous
decision, the decision of a majority of the board or of the impartial
chairman alone is usually binding, although a few contracts require a
unanimous decision.
Contracts often specify that strikes or lock-outs are permissible for
the purpose o f enforcing arbitration awards. (See Bulletin No. 90813: Strikes and Lock-Outs; Contract Enforcement). Enforcement o f
arbitration awards can usually be obtained through the courts,5 and
many contracts explicitly authorize either party to take such action in
the event o f noncompliance by the other party. T o prevent stalling,
a time limit on compliance with the award is sometimes fixed.
When issues are settled by arbitration over a period of years, a body
o f precedents may be developed for the guidance o f the parties, tend
ing to prevent the occurrence of similar grievances in the future.
Many agreements, however, state that no arbitration award is to be
used as a precedent for any subsequent case, and others specify that
the award is binding only for the duration of the contract.
Agreements often have provisions regarding the form of the arbi
tration award, such as a requirement that it be in writing or that it
state the reasoning and evidence upon which it is based. The parties
may also be authorized to require the arbitrator to explain or clarify
his award i f they find it ambiguous. (In practice, generally, and
under the rules of the American Arbitration Association and the Fed
eral Mediation and Conciliation Service, the arbitrator’s jurisdiction
ends when he hands down his award. No clarification or explanation
4 W here one party does n ot appear, the decision is not binding in oyer 40 States and
the D istrict o f Columbia.
5 In only a few States (including Connecticut, Louisiana, Massachusetts, New Jersey,
and New Y ork) is a provision in a collective bargaining agreement to arbitrate any future
dispute enforceable in a court o f law. In addition, where there is a stipulation to arbitrate
an existing dispute and the award or hearing is proper, the award is generally enforceable
under the rules governing general contracts.
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COLLECTIVE BARGAINING PROVISIONS
o f the award can be made by the arbitrator unless it is requested by
both parties.)
185. Decision Final and Binding
The decision of the arbitrator shall be final and binding on both parties.
186. Decision Final and Binding on Company, Employees, and Union, Subject to
Federal Regulations
Such award shall be final and binding on the company, employee or employees,
and the union, subject to such regulations as any Federal agency having jurisdic
tion may impose.
187. Arbitrator’s Interpretation of Agreement Is Subject to Court Review and Is
Invalid if Revietv Unobtainable
In the event of any dispute arising as to the construction or interpretation of
any word, phrase, clause, paragraph, section, or article of this agreement, such
dispute shall be resolved by the parties, or by the impartial umpire if he is called
upon to decide, in the light of what fair and reasonable men meant to say by the
language used in this agreement, making all reasonable allowance for the intent
of the parties and the surrounding circumstances, but such interpretation shall be
subject to court review, if desired by either party, and if such review be unobtain
able, such interpretation shall become of no effect.
188. Decision Binding on Questions of Fact But Not on Questions of Law
The decision of the arbitrator shall be binding on all concerned on questions o f
fact but not as to question of law. Each case shall be decided on its own merits
and shall not set a precedent for similar subsequent cases.
189. Union To Discourage Attempts of Its Members To Appeal Arbitration Award
to Court or Labor Board
There shall be no appeal from the umpire’s decision, which will be final and
binding on the union and its members, the employee or employees involved, and
the division or plant of the company. The union will discourage any attempt of
its members, and will not encourage or cooperate with any of its members, in any
appeal to any court or labor board from a decision o f the umpire.
190. Award Void if Arbitrator Exceeds His Jurisdiction
The arbitrator * * * shall be limited in his jurisdiction by the provisions o f
this agreement and he shall not have the power to confer jurisdiction upon him
self to make any change in the rate of pay schedule or in a provision of the agree
ment or to arbitrate a new provision into the agreement or arbitrate a provision
away in whole or in part, and any award doing any of these things is void.
191. Decision of Impartial Chairman Is Binding, With or Without Concurrence of
Other Two Board Members
The decision of the impartial chairman, with or without the concurrence of
the other two members of the board, shall be accepted as final and binding upon
both parties to this agreement.
192. Decision of Impartial Chairman Binding if Boar d Fails to Reach Unanimous
Decision
A unanimous decision of this board shall be final and binding upon the parties.
In the event of a failure to reach a unanimous decision, the written decision of
the impartial chairman shall be final and binding on the parties hereto.
ARBITRATION
125
193. Decision of Impartial Chairman Bmding if Money Involved and Majority of
Arbitrators Unable To Agree
The decision of the arbitrators or a majority o f them shall be binding upon
the parties, except that where a sum o f money is involved and no agreement is
reached between at least two of the arbitrators, then the decision of the third
impartial arbitrator shall be final and binding upon the parties.
194. Unanimous Decision Required
A unanimous vote by the board of arbitration shall be necessary to decide an
issue.
195. Majority of Arbitration Committee Must Concur in Decision. Minority May
File Written Dissent
The decision of the arbitration committee shall be by not less than a majority
thereof, and shall be in writing and shall fully state their findings of fact upon
which the decision is based. One or more of the arbitration committee may, if
they so desire, dissent from the majority decision and state their reasons there
fore in writing.
196. Decision of Any Two Board Members Binding on Both Parties
The decision reached by any two members of the Board shall be binding upon
both parties.
N ote : This agreement provides for a board of three members.
197. Unit Voting; Decision by Majority Vote
After the addition o f the impartial member, such member shall cast one v ote;
the members representing the employer shall cast one vote; the members repre
senting the unions shall cast one vote. The decision of a majority of the three
votes thus cast shall be the decision of the joint relations board.
N ote .—This is a 5-man board, including two representatives each of the em
ployer and union.
198. Decision May Include Mandatory Orders and Prohibitions Enforceable in
State Court
Upon the request of any party hereto, such arbitrator shall proceed in accord
ance with and comply with the provisions of article 84 o f the Civil Practice
Act of the State of New York, and any party thereto may proceed with respect
to such arbitrator under and pursuant to the provisions o f said article 84 of' the
Civil Practice Act. In amplification of any and all rights which said arbitrator
and any party hereto may have pursuant to this agreement or by operation of
law, it is agreed that in the event o f any breach of this contract or of any of the
terms hereof by any o f the parties hereto, or in the event o f any threatened
breach hereof or o f any of the terms hereof by the parties hereto, said arbitrator
may, as part of his decision, award, finding, or direction, issue any and all
mandatory directions, prohibitions, and orders as he may deem necessary or
advisable, directed to or against any party breaching this contract or threatening
to breach the same, or any part hereof, and in such event any party in whose
favor such award, direction, prohibition, or order shall have been made by said
arbitrator may thereupon apply to the Supreme Court of the State of New York
for the County of Queens (that being the court hereby specified to have juris
diction) for the confirmation o f such award, direction, prohibition, or order and
for the enforcement thereof, with the same force and effect and in the same
manner pursuant to the same proceedings and contractions thereof as if such
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126
c o l l e c t iv e ; b a r g a in in g
p r o v is io n s
award, direction, prohibition, or order were made pursuant to said article 84 of
the Civil Practice Act of the State of New York.
199. Award of Impartial Chairman Enforceable in Law or in Equity
In addition to granting such other relief as he may deem proper, the award
o f the impartial chairman may contain provisions commanding or restraining
acts and conduct of the parties. Any such award may be enforced by appropriate
proceedings in law or in equity.
200 Impartial Chairman’s Decisions Enforceable Under State Arbitration Laws
The decisions rendered by the impartial chairman shall have the effect of
an award and shall be enforceable under the arbitration laws o f the State of New
York, or otherwise, entitling the entry of judgment in a court of competent
jurisdiction against the defaulting party who fails to carry out or abide by the
decisions.
201. Arbitration Award To Be in Writing and in Such Form That It Can Be
Used as Basis of Legal Action for Enforcement
All decisions and awards of the board of arbitration shall be in writing, and
in such form as to permit the filing thereof in the appropriate county clerk’s
office in order that the affected party or parties may apply, if necessary, for a
confirmation and enforcement of said award before a justice of the Supreme
Court o f the State o f New York.
202. Award Enforceable by Strike or Such Other Equitable and Legal Remedies
as Union Deems Necessary
All decisions rendered by the impartial chairman or the board of arbitration
and adjustments made as herein provided shall be complied with within fortyeight (48) hours. In the event that any employer shall refuse or fail to abide
by the determination or decision of the impartial chairman, or board of arbi
tration, as the case may be, the union, may, upon forty-eight (48) hours’ notice
to the association, declare a strike against the employer. In addition, the union
shall have such other equitable and legal remedies which it may deem necessary
or desirable.
203. Maximum of 5 Days Allowed fo r Compliance With Arbitration Decision
The decision of the arbitrator shall be final and binding upon all parties and
compliance shall be made within a reasonable time, not to exceed 5 days after
the decision is rendered.
204. Twenty-four Hour Time Limit on Compliance.
Comply Forfeits All Contract Rights
Failure of Employer to
All decisions reached by the managers of the parties hereto, or their deputies,
or rendered by the impartial chairman, shall be complied with within twenty-four
(24) hours. Should any member of the association fail to comply with such
decision within such time, he shall automatically lose all rights and privileges
under this agreement, and the union shall be free to take action to enforce the
rights o f the workers against such member.
205. Either Party May Request Arbitrator To Clarify His Decision
I f either party regards the decision o f the arbitrator as ambiguous or lacking
in clarity in any particular, such party may, by written notice to the other party
and the arbitrator, request from the arbitrator, a clarification of this decision,
but any such request for clarification must be made within seventy-two (72)
hours after said decision has been rendered.
ARBITRATION
127
206. Arbitrator Not Required To Explain His Award Except at Request of Both
Parties
The award of the arbitrator shall be made in writing as soon as possible after
the hearing has been completed and shall be final and binding on both parties,
provided the answer or answers are to questions properly formulated in accord
ance with the provisions of section E, subsection 1 of this article. The arbitrator
shall not render an opinion explaining his award unless requested to do so by
both parties before the close o f the hearing.
207. Award Not Binding Unless It States the Reasoning and Grounds Upon Which
It Is Based
The jurisdiction of the board of arbitration is strictly limited t o :
(1) Adjudication of issues which under the provisions of this agreement are
subject to submission to arbitration, and
(2) Interpretation of the specific provisions of this agreement which are
applicable to the particular issues, and
(3) A majority decision or award which is not contrary to, and which in no
way adds to, subtracts from, or alters the provisions o f this agreement, and
(4) Stating the majority decision or award in writing together with the
reasoning and grounds upon which such decision or award is based, as a condi
tion of its being final and binding and conclusive upon the parties hereto and
any employee involved.
208. Award To Summarize the Evidence, Facts, and Conclusions
The award of the arbitration board shall be in writing, shall contain a summary
of the evidence presented, findings of the fact, conclusions, shall decide the
penalty, if any, to be imposed.
209. Arbitrator's Award in Effect for 6 Months Before Same Issues Cam, Be
Reconsidered
It is mutually understood and agreed that the findings or decision o f the arbiter
shall be binding on both parties hereto and shall be conclusive of the controversy
submitted. Any arbiter’s decision shall remain in effect for at least six (6) months
before the same issues may again be considered, except by mutual consent.
210. Arbitration Award Binding for Period o f Contract Unless Different Period
Is Agreed Upon
After negotiation under the foregoing procedure, any grievance or question
which has not been settled shall be submitted in writing to a board of arbitration
whose decision after hearing the parties and their evidence on the question so
submitted shall be final and binding on both parties for the period o f this contract,
unless a different period is mutually agreed upon in writing at the time the
question is submitted to arbitration.
211. Award Not Binding A fter Expiration o f Contract
The arbitrator’s award shall be final and binding on the parties, except that no
award or decision will be binding on either party beyond the term of this
agreement.
212. Decision Not a Binding Precedent A fter Contract Is Renewed
It is also understood and agreed that the decision o f any arbitration board as
to the meaning or application o f this agreement shall not, on the renewal of such
agreement, constitute a binding precedent.
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COLLECTIVE BARGAINING PROVISIONS
213. Decision Not To Be Used as Precedent for Subsequent Gases
Each case shall be considered on its merits, and the collective agreement shall
constitute the basis upon which decision shall be rendered. No decision shall be
used as a precedent for any subsequent case.
214. Multiplant Agreement: Chairman of Arbitration Board To See That Decisions
Are Uniform Regardless of Identity of Union Involved
It is the intent of the parties hereto that there shall be uniformity in decisions
on grievances involving interpretations and applications of the provisions o f any
of company’s labor contracts which are similar, regardless o f whether union or
any other collective bargaining agent of company’s employees invoked system
arbitration thereof, and the chairman o f the system arbitration board shall be
charged with the duty o f giving effect to such intent.
RETROACTIVITY OF AWARD
Except for cases o f unjustified discharge or adjustment of rates on
new or changed jobs, or like matters involving equities, most contracts
do not provide for retroactive application of the terms of an award.
A frequent practice is to guard against an undue loss of earnings by
specifying time limits for the various stages o f the grievance and ar
bitration proceedings. The matter of retroactive compensation is
often left to the discretion of the arbitrator, although the contract
may set forth rules to guide him in the calculation of back pay, and
a maximum period of retroactivity may be specified. The most fre
quent provision is that the award may be retroactive only to the date
o f presentation o f the grievance.
215. Award May Be Retroactive to Date of Filing Written Grievance
No claim shall be valid or no back pay shall be ordered for any time prior to
the date of the filing of the grievance in writing which the arbitrator has consid
ered.
216. Maanmum Retroactivity of 2 Weeks Prior to Date of Filing Grievance. I f
Grievance Involves Upgrading, Retroactivity Is Limited to Date o f Filing
It is agreed between the parties that in no event shall the employer be liable
for the payment of back pay in any matter taken up as a grievance or submitted
to arbitration for a period commencing earlier than two (2) weeks prior to the
date o f the filing of the grievance, except with respect to grievances involving
upgrading, as to which retroactivity will be limited to the date o f filing the
grievance.
217. Limitations on Retroactivity of Award in Specified Types of Grievances
Awards by the board may or may not be retroactive as the equities of particu
lar cases may demand, but the following limitations shall be observed in any case
where the Board’s award is retroactive.
1. The effective date for adjustment o f grievances relating to :
(a) Suspension and discharge cases or cases involving rates o f pay
fo r new or changed jobs or new incentives shall be determined in
accordance with the provisions of section 8— Suspension and Discharge
Oases, and section 9—Rates of Pay, respectively, of this agreement;
ARBITRATION
129
(5)
Seniority cases shall be the date the employee notifies his super
visor that he is entitled to the job under the provisions of section 13—
Seniority, or the date o f filing a written grievance in step 1 of section
6—Adjustment of Grievances, whichever is earlier;
(c) Rates of pay (other than new or changed jobs or new incentives),
shift differentials, overtime, allowed time, and vacations shall be the
date of the occurrence or nonoccurrence of the event upon which the
grievance is based.
2. The effective date for adjustment o f grievances involving matters other
than those referred to in paragraphs (a), (b), and (c) above, shall be no
earlier than the date the grievance was first presented in written form in
step 1 of section 6—Adjustment o f Grievances.
218. Retroactivity of Award at Discretion of Arbitrator
Should an appeal be sustained in any case which involves the loss of time by
any employee, the question and extent of retroactive wages shall be determined
by the impartial arbitrator.
219. In Discharge Cases, Employee May Be Reinstated With Full or Partial
Back Pay or Without Back Pay
I f as a result of a case of discharge alleged to be in violation of this contract,
the board o f arbitration should order reinstatement, it may do so with back
pay, with partial back pay, or may reinstate without back pay. This provision
shall not be regarded as in any way limiting the authority of the arbitration
board, but rather as making it clear that such arbitration board can act to
accomplish what it regards as complete justice under the circumstances of
the particular case.
220. Rules Governing Calculation of Retroactive Pay
He [arbitrator] shall have the power to award back pay in cases of grievances
involving disciplinary discharges or disciplinary lay-offs. All claims for back
wages shall be limited to the amount of wages that the employee would other
wise have earned in the employ o f the company, less any wages received from
employment accepted in place of his former employment with the company and/or
unemployment compensation received during the period of back pay. No back
pay may be awarded to any employee of the plant or in any plants not operating
for any cause at any time during the period covered by the back pay demand.
Back pay for any employee shall be calculated by multiplying the average
hourly straight-time earnings of the employee over the two (2) pay periods pre
ceding the disciplinary action, by the average number of hours worked by em
ployees doing similar work in the department in which the employee worked dur
ing the period covered by the disciplinary action.
Any employee to whom payment o f back pay is made shall be given a written
statement showing the details of the computation of back pay made as herein
provided. A copy of such statement shall be given to the employee’s depart
mental representative.
221. Compensation Reduced by Union-Requested Delays in Grievance and Arbi
tration Procedure
Delays in the grievance and arbitration time tables may be provided for by
mutual agreement of the parties. In a case involving compensation, however,
the period of any such delay when agreed to at the request o f the union, shall
automatically be excluded from the period o f compensation, if any, determined
by the arbitrator.
In d ex
G r ie v a n c e A n d A r b it r a t io n P r o v isio n s
Page
Adjustment of grievances:
General Provisions_________________________________________________
Clause
(1) Neither party to use any means other than grievance
procedure to settle disputes____________________________
(2) Parties to attempt to adjust disputes by negotiation rather
than resort to arbitration______________________________
(3) No strike or lock-out pending exhaustion of grievance
procedure_____________________________________________
(4) Employer to furnish all information necessary to under
standing of grievances; employees and their represent
atives to cooperate in prompthandling of grievances___
(5) Employer to cooperate with union in investigation of
grievances____________________________________________
(6) Time-study data made available in adjusting grievances
involving rates; union representative may observe retim
ing of jo b -------------------------------------------------------------------(7) Joint pledge to keep procedure free of unmeritorious
grievances_____________________________________________
(8) No discrimination against employee because of presen
tation of grievance____________________________________
(9) Settlement at any stage of procedure final and binding on
all parties_____________________________________________
(10) Settlement between plant committee and employer not
binding if contrary to terms of agreement_____________
(11) Decision on any grievance not to be a binding precedent for
other grievances_______________________________________
(12) Cases pending at last step of grievance procedure to be
settled regardless of termination of agreement__________
(13) Company and union to prepare jointly a manual on correct
handling of grievances_________________________________
Definition of grievance_____________________________________________
(14) Grievance is any dispute between employer and employee
or union______________________________________________
(15) Any dispute regarding meaning or application of agree
ment_________________________________________________
(16) Any dispute regarding interpretation, application, or
violation of agreement_________________________________
(17) Any difference between employer and employee involving
interpretation or application of agreement or any matter
directly affecting employee’s hours, wages, or working
conditions_____________________________________________
(18) Any dispute between company and union, involving hours,
wages, and working conditions_________________________
130
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5
5
5
5
6
6
6
6
6
6
6
6
6
7
8
8
8
8
8
INDEX
Adjustment of grievances— Continued
Definition of grievance— Continued
Clause
(19) Any matter of dissatisfaction which does not involve the
relationship between company and employees in general,
or a modification of the contract_______________________
(20) Matters not specifically covered by agreement subject to
grievance procedure----------------------------------------------------(21) Any complaint which employee and foreman cannot settle
constitutes a grievance________________________________
(22) Grievances include local trouble of any kind in the plant—
(23) Conditions which committeeman believes will give rise to
grievances may be brought up through grievance pro
cedure________________________________________________
(24) Disputes regarding wages, hours, working conditions, lay
offs, or discharges subject to grievance procedure_______
(25) Hours, wages, piece rates, and vacations subject to griev
ance procedure________________________________________
(26) Discharge or suspension subject to grievance procedure___
(27) Interpretation or violation of shop rules subject to grievance
procedure_____________________________________________
(28) Transfer and promotion subject to grievance procedure—
(29) Promotion, rehiring, and lay-off subject to grievance pro
cedure_______________________________
(30) Inequalities in rates subject to grievance procedure; presi
dent of company and district director of union to attempt
personally to adjust rate grievance before invoking
arbitration____________________________________________
(31) Established piece rates subject to grievance procedure____
(32) Work load assignments subject to grievance procedure___
(33) Disputes regarding coercion of employees into union mem
bership or loss of good standing in union are subject to
grievance procedure___________________________________
(34) Employee and union grievances defined. Question of
whether a particular dispute is a grievance may be deter
mined through grievance procedure____________________
(35) Grievances divided into general plant grievances and
individual or group grievances_________________________
(36) Association agreement: Disputes between union and asso
ciation, or their members, subject to grievance procedure(37) Term “ grievance” to be broadly construed_______________
(38) Grievance machinery may not be used to revise the agree
ment_________________________________________________
(39) General subject of wages, hours, and working conditions
not to be considered a grievance_______________________
(40) General subject of wages, hours, and working conditions
not a grievance except so far as application makes it a
matter of direct concern to individuals_________________
(41) Exclusion of contract changes and generalwage changes.
(42) Exclusion of specified management functions_____________
(43) Discipline for intoxication or disobedience of safety rules
not subject to grievance procedure, except as to the fact.
(44) Discipline or discharge during first 30 days of employment
not subject to grievance procedure_____________________
131
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132
COLLECTIVE BARGAINING PROVISIONS
Adjustment of grievances— Continued
Presentation of grievance----------------------------------------------------------------Clause
(45) Employee presents grievance____________________________
(46) Employee to present grievance either to foreman or com
mitteeman____________________________________________
(47) Personal presentation of grievance by employee considered
preferable but employee has option of union assistance—
(48) Presentation by steward-------------------------------------------------(49) Presentation by employee and steward___________________
(50) Presentation by employee or steward or both. Steward
must be present if grievance involves collective bargain
ing matters___________________________________________
(51) Employee must be present at discussion of grievance with
foreman but may be accompanied by steward__________
(52) Employee working where his steward is not immediately
available may have another steward handle grievance-(53) Foreman to call steward if requested to do so by employee.
(54) Committeeman having grievance in connection with his
own work may request assistance of another committee
man__________________________________________________
(55) Union committee may present grievance on own initiative
without request from employee________________________
(56) Grievances of individual employees presented by employee
and/or steward to foreman; union grievances presented by
committee to company representative authorized to
settle such grievances_________________________________
(57) Grievances involving one or more departments to be pre
sented to proper foreman, departmental head, or super
intendent_____________________________________________
(58) Grievance committee to determine whether grievance has
merit before submitting it________________________
(59) Company may initiate grievances against union or em
ployees_______________________________________________
Restrictions on presentation of grievances__________________________
(60) Presentation of grievance not to interfere with work; per
mission of supervisor to be obtained if company time
used__________________________________________________
(61) Only 2 employees to approach foreman and for no more
than 10 minutes______________________________________
(62) Complaints taken up only during lunch hours or after
working hours________________________________________
(63) One year to elapse before same grievance is presented again.
Adjustment of grievances by employer with individual employees___
(64) Employer reserves right to discuss grievances with indi
vidual employees in accordance with section 9 (a) of
Labor-Management Relations Act_____________________
(65) Section 9 (a) of Labor-Management Relations Act incor
porated in contract. Company to give union written
report on nature and settlement of grievances handled
outside formal grievance procedure____________________
(66) Ban on bargaining between employer and individual em
ployees not to be construed to deprive individuals of
rights specified by Labor-Management Relations A ct__
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16
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INDEX
Adjustm ent of grievances— Continued
Adjustm ent of grievances by employer— Continued
133
p age
Clause
(67) Employee may take up grievance with foreman, super
intendent, or anyone else in management, or with
steward_______________________________________________
(68) Aggrieved employee present at all meetings regarding his
grievance_____________________________________________
(69) Steps and time limits of regular grievance procedure also
applicable to individual handling his own grievance.
Union may have representative present at all steps except
first. Settlement with individual not binding on any
other employee or union_______________________________
(70) Union has right to participate in prosecution of all griev
ances after first step___________________________________
(71) Employer to consult joint grievance committee before
rendering decision on individual grievance which involves
interpretation of agreement___________________________
(72) On collective bargaining matters employer not to make
settlements with individual employees in absence of
union representatives__________________________________
(73) Union notified of grievance presented by individuals if
interpretation of contract or collective bargaining matters
are involved__________________________________________
(74) Company must notify union of action taken on individual
grievances which are not of routine nature and pertain to
provisions of the agreement___________________________
(75) After grievance has been referred to union, employer not to
discuss grievance with individual unless union repre
sentative given opportunity to be present______________
(76) Employee involved in grievance not to discuss with em
ployer his grievance or wages, hours, or other conditions
of employment unless union representative present_____
(77) If individual employee participates in discussion at second
or third step of grievance procedure, department steward
must also be called into discussion_____________________
(78) Foreman not to accept or settle grievance unless steward
first notified___________________________________________
(79) Employer not to negotiate grievances directly with em
ployees_______________________________________________
Written record of grievances_______________________________________
(80) Grievance presented in writing, signed by employee and
steward_______________________________________________
(81) Grievance reduced to writing at second step______________
(82) Grievance reduced to writing at third step; history and
present status of dispute to be shown__________________
(83) Grievance presented in writing, but verbal discussion at
time of presentation to insure complete understanding-_
(84) Grievances presented in writing on forms furnished by
company______________________________________________
(85) Minor grievances need not be in writing_________________
(86) Written grievance signed by at least two committeemen if
grievance involves union as such. Written answer to
include clear statement of reasons for action taken_____
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19
19
19
20
134
COLLECTIVE BARGAINING PROVISIONS
Adjustment of grievances— Continued
Written record of grievances— Continued
Page
Clause
(87) Management grievances presented in quadruplicate; union
to retain two copies and return other copies with answer.
(88) Written grievances and settlements submitted in quad
ruplicate; designation of parties who receive copies_____
(89) Management to give written answers to all written griev
ances_________________________________________________
(90) Oral decisions confirmed in writing_______________________
(91) Permanent record of each grievance to be kept___________
(92) Facts and decision at each step of procedure to be written
and signed by union and company representatives before
going to next step_____________________________________
(93) Written report of each meeting in grievance procedure,
unless waived by mutual consent______________________
(94) Grievance report to include statement of grievance and
supporting facts, remedy requested, and contract pro
visions involved_______________________________________
(95) Minutes of grievance and bargaining committee meetings
to be posted for examination by employees_____________
(96) Minutes of grievance meetings to conform to specified out
line___________________________________________________
Steps of grievance procedures______________________________________
(97) Only one step in grievance procedure prior to arbitration..
(98) Association agreement, one-step procedure; arbitration
invoked if representative of union and association unable
to settle grievance_____________________________________
(99) Two-step procedure______________ ______________________
(100) Multiplant agreement, two-step procedure: First step at
local level, second at central office and international
union level____________________________________________
(101) Three-step procedure------------------------------------------------------(102) Four-step procedure_____________________________________
(103) Four-step procedure: Additional participant on each side
brought into negotiations ateach successive step________
(104) Five-step procedure_____________________________________
(105) Six-step procedure; multiplant agreement. Committee
representing all plants participates at fourth step; inter
national union officer at fifth step; union as a whole at
last step______________________________________________
(106) Seven-step procedure____________________________________
(107) Procedural steps to be followed strictly in order__________
(108) No steps of grievance procedure bypassed except by mutual
agreement____________________________________________
(109) Multiplant agreement: In plants of less than 500 employees
grievances presented initially to top supervision in plant.
(110) Discharge case to be taken up with company represent
ative immediately above the level of the person making
the discharge__________________________________________
(111) Grievances regarding disciplinary discharge or lay-off
initiated at second step under specifiedconditions_______
(112) Company grievances against employee or union presented
at second step of procedure____________________________
20
20
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20
20
21
21
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23
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25
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INDEX
A djustm ent o f grievances— Continued
Steps of grievance procedures— Continued
135
Page
Clause
(113)
Company grievances presented first to grievance committee
chairman, then to president of local union.'____________
(114) Company grievances regarding abuse of bargaining pro
cedure presented first to local union, then to inter
national union; union grievances regarding abuse of
bargaining procedure presented to labor relations super
visor__________________________________________________
(115) Company grievances and grievances common to a group of
employees may be presented direct to labor relations
board (third step of grievance procedure)______________
(116) Grievances originating with union rather than individual
considered at second step of procedure_________________
(117) Grievance presented at first step if it affects only em
ployees working under same foreman; at second step if
it affects employees working under more than one fore
man; at third step if it affects employees working under
more than one department superintendent_____________
(118) General grievances initiated at second step_______________
(119) First step omitted if grievance does not affect aggrieved
employee’s immediate foreman or if it involves policy
matter________________________________________________
(120) Union may initiate grievance at third step if grievance
involves employees in more than one department or if
unusual circumstances exist___________________________
(121) Procedure may be modified by mutual agreement if modifi
cations consistent with orderly and expeditious settle
ment of grievances____________________________________
(122) Grievance procedure may be disregarded and arbitration
immediately invoked by mutual agreement____________
Time limits________________________________________________________
(123) Time limit on presentation of grievance__________________
(124) Time limit on presentation runs from date steward becomes
aware of existence of grievance________________________
(125) Time limit on presentation of grievance waived if circum
stances beyond employees control prevented knowledge
of act originating the grievance________________________
(126) Time limit on presentation of grievance extended to 60
days if employee unaware of events causing grievance__
(127) Grievance not to be considered if cause occurred prior to
date of agreement_____________________________________
(128) Complaints to be made within 7 days if reasonable and
practical and within 30 days at most__________________
(129) Grievances involving wages to be filed within 30 days; 60
days allowed for filing of other grievances______________
(130) Tighter time limit on filing of grievances involving dis
charge, lay-off, or seniority____________________________
(131) Grievance regarding discipline and discharge filed within
2 days; hearing within 2 days after filing; over-all time
limit of 10 days on disposition of case_________________
(132) Time limit on presentation of grievances regarding trans
fers, promotions, demotions, suspensions, or discharges.
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31
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136
COLLECTIVE BARGAINING PROVISIONS
Adjustment of grievances— Continued
Time limits— Continued
Pagfl
Clause
(133) No time limit on filing of grievances involving restoration of
seniority, lay-off, or recall; other grievances to be filed
within 1 year of occurrence unless exception made by
mutual agreement-------------------------------------------------------31
(134) First and second steps of procedure to be consummated
31
within 24 hours_______________________________________
(135) Decision to be made within 2 days at each step of procedure
unless extension granted by mutual agreement_________
31
(136) Time allowed for management decision increases with each
step; uniform time limit on union appeal at all steps___
32
(137) Seven day time limit on decision extended to 21 days if
necessary to enable company to complete investigation;
further extension by mutual consent___________________
32
(138) Grievance automatically advanced to next step if not
answered within time specified_________________________
32
(139) Failure of company to give answer within time prescribed
considered a negative answer__________________________
32
(140) Grievance considered decided in favor of employee or union
if company decision not given within time prescribed__
32
(141) Failure of union or employees to observe time limits does
not void grievance but curtails retroactivity of settle
ment_________________________________________________
32
(142) Time limit on presentation of grievance and on appeal from
management answer at each step of procedure; grievance
considered waived if time limit not complied with______
33
(143) Appeal from decision at any step of grievance procedure to
be made within 1 week unless extension granted by
mutual agreement_____________________________________
33
(144) Time limits on management answer and union appeal at all
steps after first_______________________________________
33
(145) Over-all time limit on settlement after presentation of
grievance_____________________________________________
34
(146) Grievances to be disposed of within specified over-all time
limit whenever possible_______________________________
34
(147) Time limits do not include Sundays and holidays________
34
(148) Time limits not to include Saturday, Sunday, or days when
majority of employees do not work____________________
34
(149) Parties to attempt to settle grievances in less than maxi
mum time allowed____________________________________
34
(150) Party initiating grievance to observe time limits in appeal
ing; other party to observe time limits in answering____
34
(151) No specific time limits but parties pledge to adjust griev
ances without delay___________________________________
35
(152) Extension of time limits for a definite period upon notice by
one party to the other_________________________________
35
(153) Extension of time limits not to constitute precedent for any
subsequent case_______________________________________
35
Retroactive adjustments___________________________________________
35
(154) Adjustments retroactive to date grievance is submitted___
35
(155) Wage adjustments retroactive to date of submission to
second step of procedure______________________________
35
INDEX
A djustm ent of grievances— Continued
R etroactive adjustments— Continued
137
p age
Clause
(156) Settlements retroactive to date mutually agreed upon by
parties________________________________________________
(157) Retroactivity of group or general wage increase agreed
upon by parties; settlement of other wage rate grievances
retroactive to date of presentation_____________________
(158) Retroactivity limited to date grievance occurred_________
(159) Decisions affecting financial status of employees retroactive
to date grievance occurred_____________________________
(160) Adjustment on grievance arising from termination of
employment retroactive to date of termination_________
(161) Maximum of 30 days’ retroactive pay____________________
(162) Maximum retroactivity of 30 days prior to presentation of
grievance_____________________________________________
(163) Maximum retroactivity of 2 days prior to date written
grievance was presented. Unemployment or other com
pensation deducted from retroactive pay. Decision in
any case not to require retroactive adjustment in any
other case_____________________________________________
(164) Company and union representatives at any step of pro
cedure are authorized to determine conditions of rein
statement, including pay for lost time_________________
(165) No retroactive adjustment unless grievance presented
within time limits specified______________________________
(166) Back pay limited to 5 days if grievance not presented
within time limit specified_____________________________
(167) Employee to receive retroactive pay within 30 days after
settlement____________________________________________
Grievance representatives____________________________________________
Number_________________________________________________________
(168) Specified number of stewards____________________________
(169) Association agreement: one steward for each shop________
(170) Number of stewards to vary according to number of em
ployees covered by agreement-----------------------------------------(171) Maximum of 26 stewards apportioned according to number
of employees in each mill or shop______________________
(172) One steward for each 50 employees and major fraction
thereof_______________________________________________
(173) Over-all plant ratio to be between 1:25 and 1:50. No
individual steward expected to serve substantially more
than 50 employees____________________________________
(174) Ratio of 1 steward for each 100 employees on shift; mini
mum of 2 stewards on shift___________________________
(175) One departmental steward for each 35 employees; one
divisional steward for each 500 employees; minimum
number of stewards specified__________________________
(176) Aggregate number of stewards and committeemen not to
exceed 3 percent of total plant employment-----------------(177) Districting to result in specified ratio so far as practicable;
redistricting at request of either party at 6-month inter
vals__________________________________________________
(178) One steward to each foreman____________________________
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138
COLLECTIVE BARGAINING PROVISIONS
Adjustment of grievances— Continued
Grievance representatives— Continued
Page
Number— Continued
Clause
(179) One steward to each foreman; one chief steward to each
superintendent________________________________________
40
(180) Ratio of 1 steward to each foreman may be exceeded by
mutual agreement but in no case may ratio exceed 1
steward to 25 employees---------------------------------------------40
(181) Steward for each shift----------------------------------------------------40
(182) One steward for each department-----------------------------------40
(183) Steward for each trade or department oneach shift_______
40
(184) Divisional chairman, departmental chief steward, one or
more stewards on each shift in each department_______
40
(185) Steward for each department on each shift; chief steward on
each shift_____________________________________________
40
(186) Number of departmental, divisional, and chief stewards,
and negotiating committeemen designated_____________
41
(187) One steward and one alternate steward for each depart
ment; plant committee of 3 members, each of whom
must be from different department____________________
41
(188) Size of grievance committee specified-------------41
(189) Maximum number on grievance committeespecified______
41
(190) Minimum and maximum number on grievance committee
specified; actual number to be mutually agreed u p o n . 41
(191) Multiplant agreement: local management and union deter
mine number on plant grievance committee, within
specified limits. Ratio of assistant grievance committee
men to employees varies with size of plant_____________
41
(192) Two committeemen from each craft union; number of
stewards to be mutually agreed upon__________________
42
(193) Grievance committee for each department_______________
42
(194) Committee for each plant; each department to be repre
42
sented if possible______________________________________
(195) Union allowed 2 weeks to make changes in representation
structure necessitated by change in employment level.
Committee chairman responsible for proper assignment of
representation areas in event of shifts in employment
which do not substantially affect employment level____
42
(196) Joint designation of department or departments which each
shop chairman is to represent________________________
43
(197) Number and territories of stewards and committeemen to
be mutually agreed upon______________________________
43
(198) Number and placement of stewards reopened for negotia
tion in event of substantial change in company’s opera
tions______________________________
43
Selection and qualifications_________________________________________
43
(199) Committeemen and* stewards elected in any manner deter
mined by employees___________________________________
43
(200) Union members at each mine to select committeemen in
any manner they choose, but consideration given to
occupation in order to avoid interference with produc
tion__________________________________________________
43
(201) Committee members elected or appointed by union_______
44
INDEX
A djustm ent of grievances— Continued
Selection and qualifications— Continued
139
Page
Clause
(202) Grievance committee and stewards appointed by union___
(203) Department stewards to appoint assistants if union mem
bers do not elect assistants____________________________
(204) Employees of each department to elect department com
mitteeman from their own members___________________
(205) Union to supervise election of committee members________
(206) Stewards elected by secret ballot in the plant during work
ing hours_____________________________________________
(207) Elections for shop chairman and committee held every 6
months_______________________________________________
(208) Grievance committee to serve for 1 year_________________
(209) Steward not to serve term of more than year but is eligible
for recertification______________________________________
(210) Committeeman must be employee, on seniority list, and
working in plant______________________________________
(211) All stewards and committeemen, except international rep
resentatives, to be employees of company and on
seniority list__________________________________________
(212) Two of 3 members of grievance committee to be employees
of company; no more than 1 member to be from same
department___________________________________________
(213) Union plant representative need not be employee of
company______________________________________________
(214) Three months’ seniority required________________________
(215) One year’s employment and 1 year’s union membership
required______________________________________________
(216) Representative must have been employed or on approved
leave of absence for 1 year; exception allowed if employee
with 1 year’s service not available_____________________
(217) Stewards not to be probationary employees and must work
in districts which they represent_______________________
(218) American citizenship required______ . ____________________
(219) Steward not to be member of subversive organization and
must be American citizen or have taken out first papers
to become citizen_____________________________________
(220) Committeeman must have been an American citizen and a
resident of State for at least 1 year____________________
(221) One local union officer to act as ex-officio member of shop
committee____________________________________________
(222) Grievance committee to consist of designated shop officers.
(223) President of union not to be member of committee_______
(224) Legal advisers not to serve on grievance committee______
(225) Each union signatory to agreement must be represented
on grievance committee________________________________
(226) Employer furnished list of union officers and grievance
representatives; union furnished list of company super
visors. List to be kept up to date____________________
(227) Steward or business agent not to have any authority until
company given written notice of appointment__________
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140
COLLECTIVE
BARGAINING PROVISIONS
Adjustment of grievances— Continued
Duties and restrictions-------------------------------------------------------------------Clause
(228) Function of committeemen defined---------------------------------(229) Duties of grievance committee confined to adjustment of
disputes. Members who exceed their authority removed
from committee at request of company------------------------(230) Grievance committee to hear complaints of employees and
may present or assist in presentation of grievances_____
(231) Committeeman or chief steward may investigate and
attempt to clarify situation if he feels that a misunder
standing or misinterpretation of contract may cause
unauthorized work stoppage___________________________
(232) Designation of company and union representatives author
ized to settle grievances at each step of procedure______
(233) Union to grant stewards such authority to settle grievances
as it deems proper____________________________________
(234) Alternate steward to act only in absence of steward--------(235) Stewards to investigate complaints thoroughly before
requesting action______________________________________
(236) Steward to present grievances which are in his opinion
worthy and to see that employees comply with agree
ment_________________________________________________
(237) Steward to see that union members comply with working
rules of company and local union______________________
(238) Steward’s duties include collecting dues, posting notices of
meetings, and enforcing agreement, as well as adjusting
grievances____________________________________________
(239) Committee to enforce agreement provisions and safety
rules as well as handle grievances______________________
(240) Committee members to settle disputes and promote har
monious relations and cooperation_____________________
(241) Collective bargaining committee deals with company on
contractual matters and grievances____________________
(242) Steward not to leave his work or district, or be in district
outside regular working hours without permission______
(243) Shop steward not to go from one department to another
to discuss grievances__________________________________
(244) With exception of chairman and vice chairman of plant
committee, union representatives may handle only
grievances which arise in their own districts___________
(245) Senior steward may act on grievances in department other
than his own when steward in that department is absent.
(246) Committeemen permitted to visit departments other than
their own for purposes of adjusting grievances; stewards’
activities confined to their own departments___________
(247) Plant chief steward may visit department where grievance
originated if additional information needed_____________
(248) Stewards and committeemen to request and receive passes
when leaving department or plant to adjust grievances.
(249) Employees leaving department to adjust grievances must
obtain foreman’s permission and report to foreman upon
return________________________________________________
Page
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INDEX
141
Adjustment of grievances— Continued
Duties and restrictions— Continued
Page
Clause
(250) Grievance representatives entering another department to
notify department supervisor of reason for their presence.
52
(251) Employee not to leave his work or enter another depart
ment without permission of foreman involved, but per
mission not to be unreasonably withheld----------------------52
(252) Employees not to leave work to discuss grievances, but
failure of supervisor to grant promptly requests for
steward representation may constitute a grievance_____
52
(253) Chief steward and bargaining committeemen permitted to
leave work if they can be replaced; manager of industrial
relations may be called if permission refused___________
53
(254) Specified union officials permitted to leave place of work;
others not to do so without consent of foreman________
53
(255) Steward not to leave job to discuss grievances without
notifying supervisor or leaving word for supervisor.
Number and length of conferences kept to minimum
consistent with good cooperation______________________
53
(256) Permission for steward to investigate and process griev
ances not to be unreasonably refused but is subject to
necessity for maintaining uninterrupted operations_____
53
(257) Stewards to remain on job unless called by employee or
supervisor to handle grievance; normally grievances
discussed at beginning or end of shift__________________
54
(258) Supervision given reasonable opportunity to procure re
placements for representatives leaving their jobs to
handle grievances_____________________________________
54
(259) Grievance representative not to leave post until supervisor
provides relief worker if work would be spoiled other
wise__________________________________________________
54
(260) Union representatives not to investigate or discuss griev
ances during first hour of work or first hour after lunch.
54
(261) Stewards subject to all company rules___________________
54
(262) Stewards not authorized to change agreement; settlement
contrary to agreement not binding_____________________
54
(263) Stewards not to give orders to employees or supervisors.—
54
(264) Union representatives not to solicit grievances____________
54
Special protection and privileges____________________________________
55
(265) No discrimination against stewards or committee members.
55
(266) Stewards and committeemen not to be laid off so long as
any work is being performed in their districts and they
are able to do the work________________________________
55
(267) Designated number of stewards to have top seniority in
their departments_____________________________________ •
55
(268) Union may designate four stewards, committeemen, or
officers to be placed at head of seniority list___________
56
(269) Committeemen first to be recalled from lay-off when work
starts in their districts____________________
56
(270) Plant chairmen and committeemen not to be transferred
without mutual agreement of company and union______
56
(271) Union notified before steward or committeeman discharged,
laid off, or permanently transferred____________________
56
858744°— 50----- 11
142
COLLECTIVE BARGAINING PROVISIONS
Adjustment of grievances— Continued
Special protection and privileges— Continued
Page
Clause
(272) Union consulted before steward permanently transferred
from one department to another; consultation not re
56
quired if period of transfer less than 3 days____________
(273) Steward entitled to work overtime if 10 or more of his
constituents work overtime, and he can perform available
work without training_________________________________
56
(274) Representative entitled to work overtime if any of his
constituents works overtime. Only grievance arising
during the overtime hours may be handled by repre
sentative working overtime____________________________
57
(275) At least one grievance representative to be present if 20 or
more employees work overtime________________________
57
(276) Local officers and grievance representatives assigned to
57
day shift wherever possible____________________________
(277) Committeemen assigned work on first shift in accordance
with their departmental seniority--------------------------------57
(278) Chief steward may enter plant at any time it is in operation
57
for purpose of discussing grievances___________________
(279) Chief steward and union president may enter plant on
shifts other than their own to investigate or adjust
grievances____________________________________________
57
(280) Chief steward may call local union president for assistance
in investigating grievances____________________________
58
(281) Stewards permitted to call union office from company
telephone without charge______________________________
58
(282) Grievance committee to have a desk in the plant_________
58
Time and pay allowances for handling grievances___________________
58
(283) Grievances not handled during work hours_______________
61
(284) Grievance committeemen allowed unpaid time off to trans
61
act business of committee_____________________________
(285) Time off without pay for purpose of investigating griev
ances_________________________________________________
61
(286) International representatives, business agents, and one
member of local union may participate at final step of
procedure but employer not to pay for their time______
61
(287) Company at its option may offer to pay committeemen for
lost time______________________________________________
61
(288) Stewards and committeemen allowed time off at regular
rate of pay to investigate, present, and adjust grievances
and meet with employer______________________________
62
(289) Union president and chief steward paid for all time spent on
union business; weekly allowance for time spent by other
stewards______________________________________________
62
(290) Committeemen paid for time spent on conciliation_______
62
(291) Company pays at rate of average hourly earnings for all
time spent by employees in carrying out grievance pro
cedure down to point of arbitration____________________
62
(292) Pay for time lost at first two steps of grievance procedure
62
by steward, committeemen, andemployee involved_____
(293) Pay for designated types of representatives at designated
steps of procedure_____________________________________
62
INDEX
Adjustm ent of grievances— Continued
Tim e and pay allowances— Continued
143
Page
Clause
(294) Company to pay for lost time in excess of 15 minutes at any
one time______________________________________________
(295) Steward to spend only 15 minutes on any one grievance. .
(296) Stewards allowed designated hour during day to consult
with employees regarding grievances___________________
(297) Designated number of representatives to serve on full-time
basis__________________________________________________
(298) First shift plant chairman on full-time basis when employ
ment on shift exceeds 7,000------------------------------------------(299) Pay for one-half of time spent negotiating grievances_____
(300) Chief steward allowed paid time off averaging one-half of
his regular working hours_____________________________
(301) Daily time allowance for chief steward averaged over work
week and based on number of employees represented___
(302) Weekly time allowance for investigating grievances; time
not cumulative, but if committeeman has used up his
allowance, committeeman from adjoining area may be
called_________________________________________________
(303) Limitation on number of paid hours per week which steward
may spend in handling grievances_____________________
(304) Paid time off limited to 4 hours per week for each steward;
20 hours per week for plant chairman, and total of 100
hours per week for combined membership of shop com
mittee________________________________________________
(305) Multiplant agreement: uniform time allowance for district
committeemen. Shop committeemen allowed more
time for grievance adjustment in large plants than small
plants. “ Reservoir” of grievance to be drawn upon
during the week is established at beginning of week____
(306) Maximum number of hours per month for time lost by
entire grievance committee; employees to endeavor to
maintain normal production during absence of grievance
representatives________________________________________
(307) Total payments for lost time not to exceed designated sum
per month____________________________________________
(308) Designated number of hours per year allowed for settlement
of grievances and promotion of good labor relations____
(309) Pay for time spent at meetings to consider matters initiated
by management_______________________________________
(310) Minimum of 2 hours pay at time and one-half if meeting
called by company outside regular working hours---------(311) No pay for meetings requested by union_________________
(312) Union reimburses representative for time lost in presenta
tion and discussion of grievances; company pays for
time lost at meetings which it calls____________________
(313) Pay for time lost at company request; i. e., if grievance is
found to be justified___________________________________
(314) Employer pays for time lost by committeemen at meetings
during working hours; union and employer share cost of
meetings after working hours---------------------------------------
63
63
63
63
63
63
64.
64
64
64
64
65
65
65
65
66
66
66
66
66
66
144
COLLECTIVE BARGAINING PROVISIONS
Adjustment of grievances— Continued
Time and pay allowances— Continued
Pag©
Clause
(315) Multiplant agreement: pay for time spent on grievance
work shared equally by company and union. Details
worked out locally------------------------------------------------------67
(316) Investigation of grievances to be at expense of union to
“ fullest extent possible” but exceptions permitted______
67
(317) Pay for “ reasonable amount of time spent;” union to
cooperate in minimizing time spent-----------------------------67
(318) Company reserves right to limit amount of paid time for
grievance work if privilege is abused; union notified
before action is taken_________________________________
67
(319) Employer may discontinue payments if unreasonable
amount of time spent but union to be given advance
notice________________________________________________
67
(320) Excess time spent on grievance work may be made the
68
subject of a grievance_________________________________
(321) Committee members reimbursed for expenses incurred
attending meetings as well as pay for lost time________
68
(322) Special account set up for grievance costs________________
68
(323) Pay for grievance time allowed unless ruled illegal by
68
United States Supreme Court_________________________
(324) Time spent attending meetings paid for but not considered
68
in computing overtime________________________________
(325) Time spent in meeting with company representatives
counted as hours worked in determining premium pay for
sixth and seventh days________________________________
68
(326) Time spent on grievance work paid at hourly rate, or at
average earned rate for previous week, if committeeman
is pieceworker_________________________________________
69
(327) Pay for incentive workers based on most recent quarterly
average hourly earnings_______________________________
69
(328) Flat hourly rate_________________________________________
69
(329) Full time representative paid at rate he was receiving at
time of assuming his duties, plus any production bonus
or automatic increase he would have received had he
remained on his old job_______________________________
69
(330) Steward to receive extra pay____________________________
69
(331) Committeemen paid at overtime rate if requested to work
overtime in handling grievances_______________________
70
(332) Committeemen, stewards, and other employees attending
grievance meetings entitled to overtime payments they
would have received had they remained on jo b ________
70
Pay for time spent negotiating agreement___________________________
70
(333) Committeemen who are scheduled to work allowed time off
for contract negotiations; committeemen who are off duty
to serve without pay__________________________________
70
(334) Pay for time “ necessarily and reasonably” spent in nego
tiations; no more than 2 employees from any one plant
to be paid for negotiating time________________________
70
(335) Paid negotiating time limited to 32 hours for each commit
teeman_______________________________________________
70
INDEX
145
Adjustment of grievances— Continued
Page
Nonemployee union participation in grievance adjustment__________
70
Clause
(336) Either party may call upon national officer of union for
assistance in adjusting grievances_____________________
71
(337) Either party may call in international officers or represent
71
atives if grievance reaches third step___________________
(338) International representatives of union may participate in all
grievance, mediation, and arbitration meetings begin
ning with fourth step of grievance procedure___________
71
(339) International representative and any additional repre
sentatives desired by either party participate at fifth
step of procedure_____________________________________
71
(340) Participation of district representative or international
officer at option of local union at any step of procedure.
72
(341) International representative may be present or participate
at discretion of local bargaining committee_____________
72
(342) Upon appeal from local union, president of international
union may participate personally or through his repre
sentative______________________________________________
72
(343) Representative of American Federation of Labor may
settle grievance_______________________________________
72
(344) International representative of union has right to partic
ipate in meetings between grievance committee and
manager______________________________________________
72
(345) Business agents of local union and representatives of
regional or national office of union may participate_____
72
(346) Local union business representative may be on grievance
72
committee____________________________________________
(347) Other unions in plant may be represented in grievance
meeting if settlement might affect them________________
73
(348) Association agreement: international union representatives
may be present as counsel and advisors at joint relations
board meetings; employer may also have outside assist
ance__________________________________________________
73
(349) Either party may at any step of procedure request presence
73
of anyone having knowledge of grievance______________
(350) Aggrieved employee may be called as witness by either
party_________________________________________________
73
(351) Only employees of company to participate in grievance
negotiations___________________________________________
73
(352) International representative may enter plant if settlement
of dispute requires observation of operations___________
73
(353) Business agent has access to plant during working hours for
purpose of adjusting grievances but must notify manager
73
when he enters plant__________________________________
(354) Representatives admitted to plant at suitable times to be
agreed upon; representative to make investigations brief
and interfere with production as little as possible______
73
(355) Union representatives have access to plant subject only to
safety rules, but company may require that he be accom
panied by one of its officials; representative not to disclose
confidential processes of company--------------------------------74
146
COLLECTIVE BARGAINING PROVISIONS
Adjustment of grievances— Continued
Nonemployee union participation — Continued
Clause
(356) No more than two union representatives to visit plant at
any one time; names and purpose of visit stated in appli
cation for entry; company not liable for any injury
suffered while on plant premises----------------------------------Union-management grievance committees___________________________
(357) Industry grievance committee composed of representatives
of employers’ association and union-----------------------------(358) Company and union each to have three representatives on
board of review. Board to determine its own rules and
procedures. Expenses of board shared equally by
company and union___________________________________
(359) Multiplant agreement: review board to include represent
atives of international and local unions, and national
and local plant management. At least two representa
tives on each side must not have had any previous
participation in negotiation of the grievance___________
(360) Chairmanship of Labor Relations Board to alternate
between a company representative and a union repre
sentative. Decision of majority of board binding, except
unanimous decision is required if any board member is
absent________________________________________________
(361) Joint grievance committee becomes board of arbitration by
addition of impartial member if company and union
representatives unable to reach agreement_____________
(362) Employer to pay cost if decision of joint relations board is
adverse to him________________________________________
Meetings between management and union grievance committee_____
(363) Semiweekly meetings. Emergency matters may be pre
sented without waiting for meeting____________________
(364) Weekly meetings at designated hour_____________________
(365) Meetings weekly if there are grievances to be considered. _
(366) Semimonthly meetings__________________________________
(367) Monthly meetings held after working hours. Pay for time
spent if held during working hours at request of em
ployer________________________________________________
(368) Grievance meetings held during working hours only if there
is mutual agreement that postponement would seriously
injure employee’s interests____________________________
(369) Meetings held as often as necessary______________________
(370) Meetings held at request of either party but reasonable
time to be allowed for arranging meetings______________
(371) Union requests for meetings with management to be
granted promptly_____________________________________
(372) Union to submit agenda prior to meeting________________
Mediation_________________________________________________________
(373) Grievance may be mediated if parties unable to settle dis
pute through grievance procedure_____________________
(374) Mediation required before resort to arbitration___________
(375) Either party may avail itself of mediation facilities of
United States Government____________________________
Page
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75
75
76
76
76
77
77
77
77
77
78
78
78
78
78
78
78
79
79
79
INDEX
Adjustm ent o f grievances— Continued
M ediation— Continued
147
Page
Clause
(376) Mediation on nonarbitrable issues at request o f either
party-------------------------------------------------------------------------(377) Mediation may be omitted and arbitration invoked by
agreement of employer, international and local unions_
(378) Mediation not to delay arbitration hearing_______________
(379) Arbitration postponed until conciliation has become effec
tive or until technician's report has been filed_________
(380) Arbitrator to try to mediate grievance before he arbitrates.
(381) Strikes and lock-outs banned during 90-day mediation
period. Mediation committee may add neutral chair
man at its discretion__________________________________
Arbitration:
Referral to arbitration_____________________________________________
(1) Automatic referral to arbitration_________________________
(2) Arbitration initiated by either party_____________________
(3) Arbitration initiated by party which initiated grievance__
(4) Arbitration initiated by union___________________________
(5) Arbitration initiated by union or aggrieved employees____
(6) Local union's submission of case to arbitration must be
approved by international union_______________________
(7) Referral to arbitration if parties agree as to propriety and
method_______________________________________________
(8) No arbitration if parties unable to agree on impartial
arbitrator_____________________________________________
(9) Union may not resort both to industry committee and to
arbitration____________________________________________
(10) Failure to submit to arbitration considered breach of
contract______________________________________________
(11) Strike or lock-out permissible in event of refusal to arbi
trate_________________________________________________
(12) Limitation on number of arbitrations during contract year;
additional arbitrations by mutual consents____________
(13) Pending cases to be decided before additional grievances
are referred to arbitration_____________________________
Arbitrable issues and authority of arbitrator_______________________
(14) Scope of arbitration includes disputes of any nature______
(15) Scope of arbitration includes both disputes arising from
contract and from matters not specifically covered by
contract______________________________________________
(16) Matters involving interpretation and application of agree
ment subject to arbitration____________________________
(17) Questions of fact and meaning or application of agreement
subject to arbitration_________________________________
(18) Arbitrable subjects limited to specified list_______________
(19) Proposed changes in contract subject to arbitration______
(20) Proposed contract changes regarding wages and hours
subject to arbitration_________________________________
(21) Scope of arbitration includes disputes involving wages,
hours, conditions of work, and relations between the
parties________________________________________________
79
79
79
79
79
80
84
85
85
85
85
85
85
85
85
86
86
86
86
86
87
88
89
89
89
89
89
89
90
148
COLLECTIVE BARGAINING PROVISIONS
Arbitration— Continued
Arbitrable issues and authority — Continued
Clause
(22) Listed arbitrable matters include noncompliance with
automatic wage progression schedule, wage rates on new
or changed jobs, absence of just cause for disciplinary
lay-off or discharge____________________________________
(23) Arbitrator may determine whether there is good cause for
withdrawal of beneficial employment conditions not
covered by contract___________________________________
(24) Scope of arbitration includes claims of discrimination for
union activity or membership and alleged violation of
specified contract provisions___________________________
(25) Question of union membership in good standing arbitrable(26) Work loads and wage rate changes resulting from work load
changes subject to arbitration_________________________
(27) Discipline and discharge subject to arbitration___________
(28) No arbitration of discharges for drunkenness, use of drugs,
dishonesty, neglect of duty____________________________
(29) Discharges for conduct detrimental to public, fellow em
ployees, or company not subject to arbitration_________
(30) No arbitration of disciplinary suspensions of a week or less
for employees’ violation of laws and regulations________
(31) Listing of subjects excluded from arbitration_____________
(32) No arbitration of matters not pertaining to employeremployee relationship. Changes in terms of agreement
not arbitrable except at time of biennial renegotiation
of wages, hours, or vacations______________- ___________
(33) Basic management rights not subject to arbitration______
(34) Matters not included in agreement not arbitrable________
(35) Ban on arbitration of changes in contract, provisions of new
contract, scope of bargaining unit, specified wage matters,
and management functions____________________________
(36) Exclusion of disputes relating to contract amendments,
new job classifications, production standards______ ____
(37) Limitations on arbitrators authority to decide grievances
involving production standards________________________
(38) General wage increases or decreases not subject to arbitra
tion___________________________________________________
(39) Individual or general wage increase not subject to arbi
tration________________________________________________
(40) Arbitration of rates for new or changed jobs limited to
determination of their fairness in relation to other job
rates__________________________________________________
(41) Wages, hours, and issuance of union label excluded from
arbitration____________________________________________
(42) Changes in production methods not subject to arbitration.
(43) Existing work loads not subject to arbitration; work-load
changes arbitrable_____________________________________
(44) Established safety and plant rules not arbitrable but ques
tion of fact regarding breach of rules may be arbitrated.
(45) Specified subjects subject to grievance procedure but not
subject to arbitration except by mutual consent------------
Page
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91
91
91
91
91
91
91
92
92
92
92
92
92
93
93
93
93
93
93
93
94
INDEX
Ai bitration— Continued
Arbitrable issues and authority— Continued
149
Page
Clause
(46) Wages and premium system subject to arbitration only by
mutual consent. If consent refused union may appeal
to government agency or strike________________________
(47) Question of whether matter is arbitrable may be submitted
to arbitration_________________________________________
(48) Umpire to dismiss cases which he considers are properly the
subject of collective bargaining________________________
(49) Arbitrator may instruct parties to re-enter negotiations on
nonarbitrable issues; arbitrator may participate as
mediator______________________________________________
(50) Arbitrator who exceeds his jurisdiction disqualified for
further service________________________________________
Formulation of issues______________________________________________
(51) Joint statement to define clearly the issues to be arbitrated.
(52) Arbitrators to consider only the issue stipulated in writing
by employer and union________________________________
(53) Parties to confer as necessary until agreement is reached on
statement of question to be arbitrated_________________
(54) Questions other than those involving compensation to be
submitted in form permitting “ yes” or “ no” answer.
Arbitrator formulates question if parties unable to do so
within specified time limit_____________________________
(55) Parties to present joint statement of issues to be arbitrated.
If no agreement, arbitration board defines issues on basis
of statements and objections of each party and records of
prior negotiations_____________________________________
(56) In absence of stipulation of issues, original letter of griev
ance, management decisions and union appeals at each
step of grievance procedure used to define issues_______
Composition of arbitration agency and selection of arbitrator:_______
Ad hoc single arbitrator_______________________________________
(57) Single arbitrator chosen by parties; no reference to selection
by outside agency if parties unable to agree____________
(58) Arbitrator mutually agreed upon, selected from list sub
mitted by American Arbitration Association, or ap
pointed by American Arbitration Association__________
(59) Arbitrator selected from lists submitted by union and
company; Federal Conciliation Service makes appoint
ment in event of deadlock_____________________________
(60) Selection made by striking two names from list of three
designated in contract; first strike made by party which
did not initiate arbitration_____________________________
(61) Arbitrator named by city employers council and city labor
council if parties unable to agree_______________________
(62) Arbitrator selected by American Arbitration Association if
parties unable to agree________________________________
(63) American Arbitration Association to appoint arbitrator if
parties unable to make selection from two lists submitted
by A. A. A____________________________________________
(64) Initial selection by American Arbitration Association-------
94
94
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94
95
95
95
95
95
95
96
96
96
98
98
99
99
99
99
99
100
100
COLLECTIVE BARGAINING PROVISIONS
150
Arbitration— Continued
Composition of arbitration agency— Continued
p&ge
Clause
(65) Initial selection by Federal Mediation and Conciliation
Service_______________________________________________
(66) Dispute submitted to state agency for arbitration________
Ad hoc board of arbitration-----------------------------------------------------(67) Impartial arbitrator selected by company and union repre
sentatives on board; no reference to selection by outside
agency in event of deadlock___________________________
(68) Chairman of board selected by top union and management
officials if board representatives unable to agree on
choice________________________________________________
(69) State labor agency to choose third arbitrator if company
and union representatives unable to agree on selection. _
(70) State labor conciliator to act as or appoint impartial chair
man if parties fail to agree------------------------------------------(71) Third arbitrator selected by parties from list furnished by
Federal Conciliation Service----------------------------------------(72) Federal Conciliation Service to appoint commissioner of
conciliation to act as third member of arbitration board
if parties unable to agree on selection--------------------------(73) Third arbitrator chosen by company and union arbitrators,
selected from list furnished by Federal Conciliation
Service, or appointed by Federal Conciliation Service__
(74) Federal Conciliation Service designates impartial arbitrator
and arbitrator to represent party which fails to appoint
its representative--------------------------------------------------------(75) Federal or State agency appoints third arbitrator if parties
unable to select arbitrator from panel submitted by
agency________________________________________________
(76) If parties fail to agree on third member, appointment made
by American Arbitration Association__________________
(77) If parties unable to choose impartial arbitrator, selection
made from list submitted by American Arbitration
Association___________________________________________
(78) Three neutral arbitrators selected from lists submitted by
three designated agencies______________________________
(79) American Arbitration Association selects arbitrator from
11-name panel from which parties may each reject 5
names________________________________________________
(80) If parties unable to agree on arbitrator and if arbitrator
named in contract unavailable, arbitrator appointed by
two members selected from panel of American Arbitra
tion Association___________________________________
(81) Federal Conciliation Service and American Arbitration
Association alternately assist in selection of impartial
arbitrator_____________________________________________
(82) Circuit judge to appoint arbitrator if no agreement on
selection______________________________________________
(83) City labor-management committee appoints impartial
arbitrator in event of deadlock____________________
100
100
100
100
100
100
101
101
101
101
102
102
102
102
102
103
103
103
104
104
IN D E X
A rbitration— Continued
Com position of arbitration agency— Continued
151
p age
Clause
(84) Federal Conciliation Service to submit names of 7 arbi
trators, designated number of which are to be from speci
fied geographical area. After each party eliminates 3
names, remaining person is arbitrator__________________
(85) Impartial member added if bipartisan board unable to
agree-------------------------------------------------------------------------(86) In event of deadlock, impartial arbitrator added to board
or dispute referred to single arbitrator_________________
Option of single arbitrator or board________________________________
(87) Tripartite board instead of single arbitrator upon request
of either party------------------------------------------------------------(88) Single arbitrator instead of tripartite board by mutual
consent_______________________________________________
(89) Tripartite board to arbitrate in event of failure to agree on
single arbitrator---------------------------------------------------------(90) Arbitration board may refer grievance to single arbitrator
whose decision is subject to review by board___________
(91) Single arbitrator for grievance involving technical prob
lems; tripartite board for other grievances_____________
Permanent arbitration_____________________________________________
(92) Permanent arbitrator designated_________________________
(93) Permanent arbitrator designated. Joint committee to
select successor within 15 days if vacancy occurs_______
(94) Permanent arbitrator designated. If parties fail to fill
vacancy in office within 5 days, Mayor of New York
makes appointment----------------------------------------------------(95) State Governor to appoint impartial chairman if parties
unable to agree----------------------------------------------------------(96) Agreement not effective until impartial umpirenamed____
(97) Arbitrator for specific case chosen from staff of three
permanent arbitrators. Vacancies filled from lists sub
mitted by American Arbitration Association___________
(98) Permanent tripartite board; impartial chairman to act only
in event of deadlock between board members appointed
by parties_____________________________________________
(99) Permanent chairman of tripartite board. If either party
fails to name its board member, chairman makes appoint
ment upon request of other party. Chairman acts as
sole arbitrator if both parties waive right to select board
members______________________________________________
(100) Arbitrator to be appointed for 6-month term. American
Arbitration Association to nominate 3 persons or make
appointment if parties unable to agree_________________
(101) Named permanent arbitrator or his appointee to serve for
initial period of agreement and any renewal____________
(102) Impartial umpire serves only as long as he is acceptable to
both parties__________________________________________
(103) Either party may terminate services of impartial umpire,
but he must rule on pending cases_____________________
(104) Impartial chairman may designate another person to act
for him if he is unable to serve________________________
104
104
105
105
105
105
105
106
106
106
106
106
107
107
107
107
107
108
109
109
109
109
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152
COLLECTIVE BARGAINING PROVISIONS
Arbitration— Continued
Permanent arbitration — Continued
Clause
(105) Parties may select deputy to serve under supervision of
impartial chairman to act during his absence or incapac
ity -------------------Qualifications of an arbitrator______________________________________
(106) Public office holder not eligible to be arbitrator---------------(107) Lawyers barred from arbitration board---------------------------(108) Persons affiliated with company and union not to serve as
their representatives on arbitration board______________
(109) Industrial engineer to arbitrate cases involving wages,
incentive pay, and time studies-----------------------------------(HO) Arbitrator of grievances involving incentive system to be
expert on incentive systems or to employ services of
expert________________________________________________
(111) Arbitrator not to live in vicinity of plant------------------------Procedural rules and regulations____________________________________
(112) Rules for conduct of arbitration proceedings and admission
of evidence. Board to decide matters pertaining to
procedure_____________________________________________
(113) Rules of American Arbitration Association to be binding.. _
(114) Contract provisions control in event of conflict with rules
of American Arbitration Association___________________
(115) Complaining party to present case first. Outsiders ad
mitted to hearing at discretion of arbitrator___________
(116) Arbitrator not bound by strict rules of evidence. Board of
inquiry may make investigations for arbitrator________
(117) Arbitrator may make inquiries outside of the hearing_____
(118) Arbitrator to secure technical advice from Federal Con
ciliation Service, if needed_____________________________
(119) Board authorized to call for any material evidence_______
(120) Employer to submit necessary records for examination by
board_________________________________________________
(121) Evidence admitted only while arbitration committee is in
session________________________________________________
(122) Arbitrator may require testimony to be given under oath_
(123) Arbitrator’s oath waived_________________________________
(124) Employee present at all arbitration hearings_____________
(125) Employees excused from work without loss of pay if
required to appear before arbitration board____________
(126) No discrimination against persons testifying at arbitration
hearings______________________________________________
(127) Both parties entitled to cross-examine witnesses__________
(128) Each party to file with the other and with arbitrator a
statement of facts and reasons for its position on griev
ance__________________________________________________
(129) Restrictions on admission of new issues and evidence at
arbitration hearings___________________________________
(130) Oral hearings waived by mutual agreement*______________
(131) Arbitrator to determine whether statement of issues is to
be written or oral_____________________________________
Page
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111
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112
112
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113
113
113
113
113
113
113
113
113
114
114
114
114
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INDEX
Arbitration— Continued
Procedural rules and regulations— Continued
153
Page
Clause
(132) Reporter may be employed to keep record of proceedings.
(133) Arbitration board meetings not to be held on company
property______________________________________________
(134) Arbitrator may make decision on basis of testimony of
party appearing, if other party fails to appear_________
(135) Case forfeited by failure of party to designate its arbitrator,
to cooperate in selection of impartial arbitrator, or to
appear before arbitration board________________________
(136) Agreement considered violated if association or union
members on joint arbitration board fail to meet and
maintain quorum_____________________________________
(137) No issue to be arbitrated more than once in 12-month
period________________________________________________
(138) No issue to be arbitrated more than once_________
(139) No arbitrator to hear more than 3 cases__________________
(140) Arbitrator not to serve in two consecutive arbitrations
except by consent of both parties______________________
(141) Separate arbitrator selected for each grievance___________
(142) Either party entitled to insist that a case be heard by
special board rather than general board________________
(143) No withdrawal of case after referral to arbitration except
by mutual consent____________________________________
(144) Prohibition of strikes, lock-outs, and boycotts regarding
matters pending before arbitration board______________
(145) Board not to consider cases involving strikers while strike
is in effect____________________________________________
(146) Expiration of agreement not to affect arbitration cases
initiated prior to expiration____________________________
Time limits on arbitration procedure_______________________________
(147) Time limit on appeal to arbitration after exhaustion of
grievance procedure___________________________________
(148) Minimum and maximum limit on appeal to arbitration.
Minimum limit may be waived by mutual consent_____
(149) No arbitration if grievance more than 60 days old________
(150) Time limit on submission of dispute to permanent arbitrator
after demand for arbitration___________________________
(151) Time limit on selection of single arbitrator_______________
(152) Time limit on selection of impartial arbitrator by arbitrators
representing company and union_______________________
(153) Time limits on selection of company and union arbitrators
and impartial arbitrator and on rendering decision_____
(154) Impartial chairman to be selected within 5 days and
decision rendered within 10 days_______________________
(155) Arbitration board to render decision immediately after
testimony has been completed_________________________
(156) Decision to be rendered within 7 days after evidence has
been closed___________________________________________
(157) Decision to be rendered within 5 days of first meeting of
arbitration board_____________________________________
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154
COLLECTIVE BARGAINING PROVISIONS
Arbitration— Continued
Time limits on arbitration procedure— Continued
Page
Clause
(158) Time limit for action on dispute may be extended by
mutual agreement_____________________________________
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(159) Award made “ as soon as possible” after completion of
hearing_______________________________________________
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(160) Time limits on appeal to arbitration, appointment of
arbitrators, holding hearing, and rendering decision____
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(161) Over-all time limit on arbitration procedure after board
is organized___________________________________________
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(162) No time limits but board, company, and union to use every
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means to expedite the proceedings_____________________
Cost of arbitration_________________________________________________
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(163) Cost shared equally by parties___________________________
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(164) Chairman's annual retainer, fee per case, and expenses,
borne equally by parties_______________________________
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(165) Tripartite board: each party to bear cost of its appointee,
counsel, and witnesses; equal division of expenses of
board chairman, room rental, and other expenses_______
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(166) Each party to pay cost of its own representative on per
manent arbitration board and share equally all other
expenses. Board's budget must have unanimous approval
of its members________________________________________
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(167) Losing party to pay expenses and cost of arbitration_____
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(168) Loser bears cost; arbitrator to stipulate which party is
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loser__________________________________________________
(169) Losing party to pay cost of impartial arbitrator. Expense
shared in event of compromise decision________________
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(170) Company pays arbitration costs on grievances which it ini
tiates; equal division of costs on grievances initiated by
union_________________________________________________
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(171) Impartial arbitrator cost exceeding $100 paid by employer.
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(172) Arbitrator's cost and union's arbitration expenses borne by
company if it appeals grievance to arbitration--------------121
(173) Sixty percent of arbitration cost borne by company and
40 percent by union___________________________________
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(174) Union not liable for expenses in cases initiated by individ
ual employees without its approval____________________
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(175) Individual employees taking grievances to arbitration to
pay one-half of expense of arbitrator___________________
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(176) Umpire's fees and expenses to be predetermined and
agreed upon by both parties___________________________
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(177) Maximum limit on daily expense and total expense of any
one arbitration________________________________________
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(178) Maximum fee of $100 per day for conducting hearings and
$50 per day for preparing report, plus transportation
and expense allowance_________________________________
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(179) Minimum fee of $50 per day plus expenses_______________
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(180) Each party to pay expenses of its own witnesses and share
equally expenses of witnesses called by arbitrator______
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(181) Expenses of witnesses called by umpire allocated to parties
at umpire's discretion_________________________________
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INDEX
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Arbitration— Continued
Cost of arbitration— Continued
Clause
Page
(182) Cost of stenographic record of testimony borne by party
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requesting record_____________________________________
(183) Equal division of cost of stenographic record if used by
both parties___________________________________________
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(184) Damage assessments for contract violations used to defray
expenses of office of impartial chairman________________
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The award and its enforcement_____________________________________
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(185) Decision final and binding----------------------------------------------124
(186) Decision final and binding on company, employees, and
union, subject to Federal regulations___________________
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(187) Arbitrators interpretation of agreement is subject to court
review and is invalid if review unobtainable____________
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(188) Decision binding on questions of fact but not on questions
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of law________________________________________________
(189) Union to discourage attempts of its members to appeal
arbitration award to court or labor board______________
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(190) Award void if arbitrator exceeds his jurisdiction__________
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(191) Decision of impartial chairman is binding, with or without
concurrence of other two board members______________
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(192) Decision of impartial chairman binding if board fails to
reach unanimous decision______________________________
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(193) Decision of impartial chairman binding if money involved,
and majority of arbitrators unable to agree____________
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(194) Unanimous decision required____________________________
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(195) Majority of arbitration committee must concur in decision.
Minority may file written dissent______________________
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(196) Decision of any two board members binding on both
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parties________________________________________________
{197) Unit voting; decision by majority vote__________________
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(198) Decision may include mandatory orders and prohibitions
enforceable in State court_____________________________
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(199) Award of impartial chairman enforceable in law or in
equity________________________________________________
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(200) Impartial chairman’s decisions enforceable under State
arbitration laws___________________________________________126
(201) Arbitration award to be in writing and in such form that
it can be used as basis of legal action for enforcement__
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(202) Award enforceable by strike or such other equitable and
legal remedies as union deems necessary_______________
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(203) Maximum of 5 days allowed for compliance with arbitration
decision_______________________________________________
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(204) Twenty-four hour time limit on compliance. Failure of
employer to comply forfeits all contract rights_________
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(205) Either party may request arbitrator to clarify his decision.
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(206) Arbitrator not required to explain his award except at
request of both parties________________________________
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(207) Award not binding unless it states the reasoning and
grounds upon which it is based________________________
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(208) Award to summarize the evidence, facts, and conclusions.
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(209) Arbitrator’s award in effect for 6 months before same
issues can be reconsidered..................................................
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COLLECTIVE BARGAINING PROVISIONS
156
Arbitration— Continued
The award and its enforcement— Continued
Clause
Page
(210) Arbitration award binding for period of contract unless
different period is agreed upon________________________
(211) Award not binding after expiration of contract___________
(212) Decision not a binding precedent after contract is renewed.
(213) Decision not to be used as precedent for subsequent cases.
(214) Multiplant agreement: chairman of arbitration board to
see that decisions are uniform regardless of identity of
union involved________________________________________
Retroactivity of award_____________________________________________
(215) Award may be retroactive to date of filing written griev
ance__________________________________________________
(216) Maximum retroactivity of 2 weeks prior to date of filing
grievance. If grievance involves upgrading, retroac
tivity is limited to date of filing_______________________
(217) Limitations on retroactivity of award in specified types of
grievances____________________________________________
(218) Retroactivity of award at discretion of arbitrator________
(219) In discharge cases, employee may be reinstated with full
or partial back pay or without back pay_______________
(220) Rules governing calculation of retroactive pay___________
(221) Compensation reduced by union-requested delays in griev
ance and arbitration procedure________________________
U. S. GOVERNMENT PRINTING OFFICE: 19 50
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