The full text on this page is automatically extracted from the file linked above and may contain errors and inconsistencies.
COLLECTIVE BARGAINING PROVISIONS
Guaranteed Employment and Wage Plans
Bulletin No. 908-15
UNITED STATES DEPARTMENT OF LABOR
Maurice J. Tobin, Secretary
BUREAU OF LABOR STATISTICS
Ewan Clague, Commissioner
UNITED STATES
GOVERNMENT PRINTING OFFICE
W ASHINGTON : 1950
For sale by the Superintendent o f Documents, U. S. Government Printing Office
Washington 25, D . C. - Price 20 cents
Letter o f Transmittal
U nited States D epartment of L abor,
B ureau of L abor Statistics ,
Washington, D. C ., September SO, 1949.
The Secretary of L abor :
I have the honor to transmit herewith the fifteenth bulletin in the series on
collective-bargaining provisions. The bulletin deals with guaranteed employ
ment and wage plans, and is based on an examination of collective-bargaining
agreements on file in the Bureau. This chapter was prepared in the Bureau’s
Division of Industrial Relations, by James C. Nix, under the direction of Abraham
Weiss.
E w an Clague, Commissioner .
Hon. M aurice J. T obin ,
Secretary of Labor .
n
Preface
A s early as 1902 the Bureau of Labor Statistics, then the Bureau of
Labor in the Department of the Interior, recognized the growing
importance of collective bargaining, and published verbatim the
bituminous coal mining agreement of 1902 between the Association
o f Coal Mine Operators of Pennsylvania, Ohio, Indiana, and Illinois
and the respective districts of the United Mine Workers o f America.
Since 1912 the Bureau has made a systematic effort to collect agree
ments between labor and management in the leading industries and
has from time to time published some of 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 followed a more or less established pattern.
No bulletins in this field were published by the Bureau between 1928
and 1942— a period during which collective bargaining first lost
ground in the depression and then made rapid strides following the
enactment of the National Labor Relations A ct in 1935. The growth
in 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 of collective agreements covering industries hitherto not
included under collective bargaining, but also extended the scope and
area of bargaining in individual industries. In recognition of this
development, the Bureau’s 1942 report on union agreements (Bulletin
No. 686) dealt with provisions and clauses on particular labormanagement problems rather than with the agreements of each union
or industry separately.
The substance and character o f collective bargaining agreements
change continuously, and many of the clauses and provisions covered
in Bulletin No. 686 underwent significant changes during the war
emergency, as a result not only of the normal processes of collective
bargaining but of the decisions of the National W ar Labor Board.
New problems meant new clauses and new provisions. The Board also
gave added impetus to certain forms of union security, and to certain
practices now deeply imbedded in the entire field of labor-management
relations.
m
PREFACE
IV
The liquidation of the Board, and the renewal of emphasis on free
collective bargaining after V J-day, led to a tremendous increase in
the demand for information on specific current provisions in agree
ments. Urgent requests came from employers and unions, from the
United States Conciliation Service, and from mediators and arbitra
tors engaged in settling or preventing labor-management disputes. It
was largely in response to these requests that the Bureau of Labor
Statistics undertook to revise and bring up to date the material on
union agreements.
In this revision two significant departures have been m ade: (1)
Accumulation of data has made possible the use of a larger sample
than was possible heretofore. (2) The information w ill be presented
in a series of small bulletins, each stressing a major area or significant
problem of collective bargaining. This will permit the material for
each major problem to be published as rapidly as finished without
waiting until all o f the subjects of collective bargaining are analyzed.
It w ill have the advantage of greater flexibility in handling specific
requests for material from employers, unions, and the public. Some
clauses are more or less stable and undergo relatively minor changes
even over a considerable period of time and therefore need only occa
sional revision, whereas others undergo rather rapid change. A lso,
as new issues develop it will be possible to add new bulletins to the
series without revising those already published.
The clauses used are designed to facilitate, but not to condition, the
bargaining process. No special attempt has been made to determine
the prevailing industry practice or the most frequently used pro
visions. The clauses are presented, not as models but as a source of
reference for those who participate in collective bargaining negotia
tions, by making available to them a wide variety of provisions on the
specific subjects under consideration. A n index of all the contract
clauses quoted, with a brief description o f each clause, is appended
to each report.
This report, dealing with guaranteed employment and wage plans,
is the fifteenth in this Collective Bargaining Provisions series. The
bulletins already published are as follow s:
No. 908
Union Security Provisions.
No. 908-2 Vacations; Holidays and W eek-End W ork.
No. 908-3 Incentive W age Provisions; Time Studies and Stand
ards of Production.
No. 908-4 Apprentices and Learners.
No. 908-5 Discharge, Discipline, and Q uits; Dismissal Pay
Provisions.
No. 908-6 Leave of 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
V
Promotion, Transfer, and Assignm ent; L ay-O ff,
W ork-Sharing, and Reemployment.
General W age Provisions.
W age 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.
Contents
Page
Introduction___________________________________________________________
Annual guarantees: Clauses 1-26_______________________________________
Guarantee of weekly hours or wages: Clauses 27-35_____________________
Eligibility requirements: Clauses 36-50_________________________________
Effect of absences, holidays, and vacations on guaranteed time: Clauses
51-61_______________________________________________________________
Escape provisions: Clauses 62-74_______________________________________
Transfer to other work: Clauses 75-78__________________________________
Employment stabilization programs without specific guarantee of employ
ment: Clauses 79-86__________________________________________
Index__________________________________________________________________
vn
1
3
26
29
32
35
39
40
43
Bulletin N o. 9 0 8 —1 5 o f the
United States Bureau o f Labor Statistics
Collective Bargaining Provisions
Guaranteed Employment and Wage Plans
Introduction
Job security has always been a matter of great concern to workers,
employers, labor unions, and the Government. Guaranteed employ
ment or wage plans as an avenue to job security have, therefore, gained
widespread support among wage earners, thus reflecting labor’s deeprooted desire for steady jobs and steady income.
A guaranteed employment or wage plan is a form al commitment by
an employer to provide for all or some o f his employees a stipulated
amount of work or wages during the year. Under one, a certain
amount of work is guaranteed; under the other, income is guaranteed.
The difference is largely one of emphasis.
A s early as the 1890’s, plans in which employers assumed responsi
bility for providing minimum annual work or wages were negotiated
with unions in several industries.
Many employers have voluntarily attempted to provide year-round
employment, not only because o f such intangible but important benefits
as better labor relations and the good will of the community, but also
because of resultant savings from reduced turn-over of personnel and
improved employee morale which results from eliminating workers’
fear o f unemployment. However, most employers have been unwilling
to commit themselves to guarantee annual employment, fearing that
seasonal and/or cyclical fluctuations beyond their control may make
it impossible to fulfill the guarantee.
Unions have, on occasion, participated with employers in the plan
ning and operation o f programs intended to reduce irregularity in em
ployment in a particular industry or company. Such programs may
be limited to the distribution of available business in such a manner
that seasonal fluctuations are reduced or may be designed to expand
the employer’s business so that a greater number o f workers can be
employed more steadily. For example, the International Ladies5 Gar
ment W orkers’ Union (A F L ) and several associations of dress em
ployers have established a cooperative promotion program. “ * * *
with the objective o f increasing the volume of production of the New
1
2
COLLECTIVE BARGAINING PROVISIONS
York market, improving further the quality of its product, and offer
ing even better values to the consumer, by publicizing the outstanding
position in the field of style, fine workmanship and sound values of the
New York market, by stimulating consumer demand in the United
States and elsewhere, and by establishing New York as the fashion
center of the world. Such a campaign will result in increased business
to the members of the organized dress industry, and in material advan
tages to the members o f the union employed by them who w ill derive
therefrom greater continuity of employment and increased annual
earnings.”
Other ways of stabilizing workers’ incomes or lessening the effect o f
unemployment, that is, seniority rules, work-sharing in slack seasons,
and dismissal pay, all help workers to bridge periods of unemploy
ment or idleness. None of these measures, however, provides security
of income or employment. Seniority rules merely determine which em
ployees are to be laid o ff; sharing work also means sharing unemploy
ment ; dismissal pay only softens the blow from loss of job. (Bulletins
908-11 on seniority; 908-7 on lay-off, work-sharing, and reemploy
m ent; and 908-5 on dismissal pay provisions.)
Some State unemployment compensation laws are designed to en
courage stable employment by means of merit-rating provisions,
whereby the employer’s unemployment tax decreases as employment
becomes more regularized. Although unemployment compensation
provides some income during slack times, payments are comparatively
small and continue for a relatively short time. Though of aid, it is
no satisfactory substitute for regularized and steady employment.
The Fair Labor Standards Act (sec. 7 (b) ( 2 ) ) , applicable to em
ployees engaged in interstate commerce or in the production of goods
for interstate commerce, exempts an employer from paying overtime
for weekly hours of work in excess of 40 under certain agreements
which guarantee annual employment. Annual employment guaran
teed may be for 1,840 up to 2,080 hours in a year, or for not less than 46
normal workweeks of at least 80 hours a week. A fter the guaranteed
hours have been completed, time and a half must be paid for each hour
worked beyond 40 in a week. A ll hours worked beyond 2,080 in the
contract year must be paid for at time and a half. The employees may
not work more than a maximum of 2,240 hours in the year. Hours in
excess of 12 a day or 56 a week, however, must be paid for at the rate
of time and a half.
The majority of employment or wage guarantee plans have been in
consumers’ goods industries; however, successful plans have been es
tablished in other types of industries. Some plans were negotiated by
individual employers; others are incorporated in agreements nego
GUARANTEED EMPLOYMENT AND WAGE PLANS
3
tiated by an association of employers in the same area, engaged in the
same trade or branch of business.
Currently, wage and work guarantees are found in relatively few
collective bargaining agreements, but they vary widely as to the
type and amount o f the guarantee, eligibility for the guarantee,
conditions under which the guarantee may be terminated, and re
lated provisions.1 Some guarantee a year’s normal income or w ork;
others guarantee employment for much shorter periods. Some guar
antees are limited to a minimum number of hours a week. The guar
antee may cover the employer’s entire labor force, or only a designated
number or group of employees (those with a minimum period of
service; those in a certain craft or type of work, certain “key” em
ployees; a “basic crew,” etc.). Many include “escape” clauses which
specify conditions under which the employer is released from his
obligation to provide work. Some plans have detailed provisions
regarding the effect of employees’ absence from work, holidays, vaca
tions, and other types of time off; the employer’s right to transfer
employees to any available work; and penalty rates for overtime
hours.
In some agreements, the employer merely pledges to provide regular
employment to the best of his ability, or to study the possibility of
instituting a guarantee.
Annual Guarantees
Annual guarantee plans in collective bargaining agreements are o f
two general types— those guaranteeing employment and those guaran
teeing annual wages. The former assures a minimum number of
hours, days, weeks, or months of work each year, without specifying
the amount of earnings to be received. A year’s job (or in some
cases, a fraction of a year) is guaranteed, but the employee’s total
annual income varies. For example, it is impossible to determine
in advance and, therefore, guarantee the annual earnings of an em
ployee who is paid on a piece-rate or incentive basis or on a com
bined hourly rate and incentive pay basis. Transfers to different
jobs at different rates of pay also complicate the forecasting of earn
ings. For these reasons, most guarantees are expressed in terms of
regular employment.
On the other hand, annual-wage plans guarantee the employee a
certain income for the year. Actually, insofar as the year’s return
to the employee is concerned, little real distinction exists between
guaranteed employment and annual-wage plans, for if the employer
1 An analysis of 2,126 collective bargaining agreements by the BLS in the autumn of 1949,
disclosed that only 123, or about 5 percent, of the agreements contained provisions for
guarantees of employment, or wages, either on a weekly, monthly, or annual basis. Most
of the agreements which provided guarantees did so on a short-term or weekly basis.
4
COLLECTIVE BARGAINING PROVISIONS
cannot furnish sufficient work to fulfill the contract, wages must be
paid for the remainder o f the time guaranteed. The significant differ
ences among the various plans relate to the relative completeness of
the guarantee, that is, how closely the guarantee, whether expressed
in wages or in work, comes to providing the equivalent o f fu ll employ
ment at normal wages.
A fu ll year’s work is usually considered to be at least 2,080 hours
(40 hours a week times 52 weeks). Some plans assure this amount
o f work, and a few guarantee more than 2,080 hours, but many guar
antee less than 52 weeks a year.
U sually the employment guarantee is expressed in terms o f hours
or weeks, but a few contracts guarantee a stated number of days or a
specified percentage of “normal working time.” Several agreements,
most of them covering personnel of inland water transportation lines,
guarantee a minimum number of months’ work a year.
A few contracts in industries which are especially susceptible to
seasonal fluctuations guarantee fewer hours a week in designated
“ slack” months than in peak months. The annual guarantee may be
fo r fu ll employment for several months and may require employees
to share available work during the remaining months.
Some annual guarantee plans have special reserve funds supported
by employer deposits amounting to a specified percentage of pay roll,
and from which is paid the difference between the employee’s actual
earnings and the guaranteed minimum. In some instances, the em
ployer’s total liability is limited to the amount of his deposits, and
any unused balance in the fund at the end of the contract period re
verts to him.
The question o f compensation for overtime hours is an important
consideration in annual guarantee plans. Usually, time and a half
is paid for hours in excess of a designated number a day or week.
In industries where employees are subject to the Fair Labor Stand
ards A ct, payment of this penalty rate for hours exceeding 40 a week
is mandatory, unless the annual wage agreement meets the require
ments of the exemption provided under section 7 (b) (2 ) of the act.
In that event, overtime rates must be paid only for hours in excess
o f 12 a day or 56 a week. (See p. 2.)
Some agreements set up an individual account for each employee;
a credit is made for overtime compensation and a debit is entered for
employer advances when the employee works less than the guaranteed
minimum during the week.
the account is cleared at specified
intervals, the employee receives any credit balance but is not liable for
payment of a debit.
The contractual obligation under any guarantee plan included in
a collective bargaining agreement is limited to the effective period of
such agreement. Most agreements are in effect for 1 year. Some
When
GUARANTEED EMPLOYMENT AND WAGE PLANS
5
guarantee plans are incorporated in 2-year agreements and are, there
fore, in effect for 2 years. The fact that most guarantees are for 1- or
2-year periods tends to lim it their effectiveness to seasonal or intermit
tent situation rather than to prolonged periods of business depression.
N ote.—The guarantee clauses in this section which refer to section 7 (b) (2)
o f the Fair Labor Standards Act were negotiated prior to the 1949 amendments.
See p. 2 for a summary of the amended section 7 (b) (2 ).
1. Guaranteed Annual W age; Maximum o f 2,000 Hours To Be Worked
The union above named has been duly certified by the National Labor Relations
Board as a bona fide representative of employees for the purposes set forth in
section 7, subdivision B, of the Fair Labor Standards Act o f 1938.
The company agrees to continue to employ the members o f the union now
presently in the employ of the company throughout the period beginning with
the [date] and ending with the [date] and guarantees to pay each journeyman
printer total wages for said period of not less th a n --------- dollars, payable at the
rate o f ------- - dollars.
The company agrees that each o f the members o f the union in the employ of
the company throughout the period covered by this contract, shall, subject to and
in accordance with the provisions of this contract, work not more than two
thousand (2,000) hours during the period of fifty-two (52) consecutive weeks
covered by this contract.
The union agrees that each o f said members of the association in the employ of
the company throughout the period covered by this contract, shall, subject to and
in accordance with the provisions o f this contract, work, on call by the employer,
up to but not more than two thousand (2,000) hours during the period o f fifty-two
(52) consecutive weeks covered by this contract.
2. Annual Wage Payable in Equal W eekly Installments.
Employees Hired A fter Beginning o f Year
Pro Rata Payments to
All members o f the union employed at the beginning of this period [date] are
hired on an annual basis and shall receive an annual salary payable in equal
weekly installments as set forth in section 1 o f this agreement and any member
employed after [date] shall be hired on a pro rata basis for the balance of the
contract year.3
*
3. Annual Wage Plan Incorporating Requirements o f Section 7 (B ) (2) of Fair
Labor Standards Act
The employees whose names are listed in schedule “A,” annexed hereto and
made a part hereof, shall be employed on an annual basis and are hereby
guaranteed continuous employment for fifty-two (52) consecutive weeks, from
[date] including as a part o f said fifty-two (52) weeks the vacation period pro
vided for in this agreement. The weekly wage o f --------- dollars shall be paid to
said employees during said period of fifty-two (52) consecutive weeks so long
as, and provided that, the said employees continue to faithfully perform their
services for the employer. Should any employee work in excess o f twelve (12)
hours in any workday or in excess o f fifty-six (56) hours in any workweek, he
shall be paid time and one-half for all time worked in excess o f twelve (12) hours
per day or in excess o f fifty-six (56) hours per week, whichever method of com
putation yields the employee the greater compensation for the workweek. None
of the above-mentioned employees shall work more than two thousand and
eighty (2,080) hours during the said period o f fifty-two (52) consecutive
weeks.
6
COLLECTIVE BARGAINING PROVISIONS
4. Fifty-two Weeks9 Notice Prior to Lay-Off if Employed on Annual Basis. In
Operating Departments, Time and One-Half Paid for Weekly Hours Over
53, or Over
I f More Than 10 Hours Worked in 1 Day. Employee To Do
Any Work Assigned But Is To Receive His Regular Rate fo r 52 Weeks if
Assigned to Lower-Rated Job
Unless specifically designated as being on some other basis of employment,
each employee will be employed on an annual basis. In no case shall any such
employee be employed for more than 2,080 hours within the applicable 52-week
period.
Work schedules or work budgets may be issued and amended from time to time
by the company.
Each employee on an annual basis shall receive the regular weekly rate o f pay
provided in a work schedule or work budget as it is established and as it may
be amended from time to time in pursuance of the procedures established in
this agreement.
Legally required premium payments shall apply, namely; time and one-half
shall be paid for time in excess of 12 hours in any one day or in excess of 56
hours in any one week. However, any employee in a regular operating depart
ment shall be paid time and one-half for hours worked in excess of 53 in any
one week, or time and one-half for hours worked in excess of 48 in any one week
i f required to work more than 10 hours in any one day of that week.
Lay-offs of employees on an annual wage will be made on a seniority basis
and only after 52 weeks’ notice to the union and to the individuals.
Each employee shall do any work to which he may be assigned at any time and
from time to time by the company.
Individuals assigned to a higher-rated job will draw the higher rate of pay.
Individuals replacing a man on a higher-rated job will draw that higher rate
o f pay only if the one he is replacing is on authorized vacation or leave of
absence or subject to dock or reduction in rate during the period of the
replacement.
An employee who has been on higher-rate job for a 30-day period shall acquire
the rate of that job as his own rate.
I f an employee is then assigned to a lower-rated job, he shall carry his own
rate for 52 weeks in order to provide him that much opportunity to qualify
for and claim a job o f similar rate, but this 52-week period shall be terminated
with respect to any employee at any time he refuses to accept a job of similar
rate which may be offered him, and at the end of 52 weeks an employee working
under this provision shall take the rate of the job to which he is then assigned.
When an employee moves from a higher-rated job to a lower-rated job at his
own option or for seniority reasons, he shall take the lower rate.5
5. Annual Wage Based on Section 7 (b) of Fair Labor Standards Act. Weekly
Payment Includes 6 Honrs’ Pay at Overtime Rate. Compensation at Annual
Expiration Date of Contract for Additional Overtime Hours Accumulated
During Year. No “ Dockage” for Sick Leave, Vacation, or Other Authorized
Leave
The union is certified by the National Labor Relations Board to negotiate
an annual wage as per section 7, subdivision “ B” of the Fair Labor Standards
A ct of 1938.
(a )-----All employees who have been on the seniority list for a period of 6 months
at the time of the signing of this agreement are to receive an annual wage of
--------- f which is to be paid in 52 weekly amounts o f --------- , to be paid on a des
ignated day in each week as provided for in section 7, subdivision “ B” of the
GUARANTEED EMPLOYMENT AND WAGE PLANS
7
Fair Labor Standards Act o f 1938. Two thousand eighty (2,080) hours shall be
the total number of hours to be worked at straight time during any fiscal year
o f 52 weeks.
(1)
It is understood and agreed that the above paragraph does not
establish a precedent as to number of employees covered by this agreement
or as to form thereof.
(b) It is fully understood and agreed that all employees shall receive fortynine (49) hours’ pay based on 85.7 cents per hour for each of the above-mentioned
52 weeks. It is further understood that the last six (6) hours are being paid
at the rate of one and one-half times the basic hourly rate, causing payment o f 49
hours’ pay for 46 hours’ work.
(c) It is fully understood and agreed by both parties that it may be necessary
for the men to work either a long workweek or a short workweek. However,
except for the exceptions listed below this clause, all men covered by this annual
wage plan are to receive the $42 per week for 52 weeks per year and on the
annual expiration date of this agreement they shall be compensated in full for
any additional overtime they may have accumulated, and regardless of how
short a week they may work, the employer, for the purpose of balancing annually,
shall give each employee credit for forty (40) hours in any workweek, however
short.
{d) Any workweek in which an employee does any work covered by the overthe-road agreement in addition to work covered by this agreement, such week shall
be subject to the following rules:
(1) The employee shall be guaranteed $42 per week or his actual time
spent on both jobs, whichever of the two is the higher.
(2) Such week shall be listed by the company as a 46-hour credit week
for the purpose of computing the annual overtime balance.
(e )
The management reserves the right to allocate the work in such a manner
as to cause all employees covered by the annual wage plan to work 46 hours
insofar as possible before seniority shall prevail on hours worked over the
46-hour guarantee.
( / ) Time off because of sickness, vacation, and other leave authorized by the
employer shall not be considered as falling within the term “ dockage.” Any
day or days lost in this manner shall be discounted at the rate of seven and twothirds (7% ) hours per day at straight time or overtime, whichever the dockage
actually is, at the end of the annual balancing period for the purpose of deter
mining how much overtime an employee has coming. Any leave of absence
requested by an employee shall be considered noncompensable under the terms
and provisions of this agreement.
(g ) During any balancing period the employee can never owe the employer
any time except dockage time.
( h ) Only actual hours worked on Sundays or holidays shall be credited
against the annual number of hours set forth in this agreement. All such over
time shall be paid each week in addition to the regular weekly rate of pay.
(i) In the event an employee quits or is discharged for any cause he shall
be paid the full amount due him according to the terms and provisions o f this
agreement.
(j) Up to 10 days’ paid sick leave shall be allowed during each calendar year.
In case o f any such leave the company may require proof of alleged illness.
6. Guarantee of 2,080 Hours Per Year for 2 Years to Special Class of Employees
Class A employees as defined in article IX, Classification of employees, section 1,
are included in the guaranteed-work plan as hereinafter provided for. [Class A
employees are those who have been permanently added to the work force, filling a
8
COLLECTIVE BARGAINING PROVISIONS
regular job, and have completed five (5) years of continuous service with the
company at the effective date o f this agreement.] Class B and class C employees
are not included in the guaranteed-work plan.
The company agrees to provide work at wage rates agreed upon by the company
and the union, for a period of two (2) years from the effective date o f this
agreement, to all class A employees as provided for in article IX , Classification of
employees, of this agreement * * *.
Those employees who are guaranteed work under this article will be given an
opportunity to work 2,080 hours during each o f the guaranteed-work years, less
vacation and holidays.
The right by the company to suspend or discharge an employee for cause as
provided for in this agreement shall in no way be infringed upon through the
application or interpretation o f this article.
7. Guarantee of 40 Hours9 Pay for Each Week During L ife o f Agreement. Pay
ment Based on Employee’s Straight-time Average Hourly Rate o f Earnings
for Previous Year.
Each employee of the company who is continuously employed and whose serv
ices are available to the company is guaranteed a minimum weekly wage for
each week during the life of this contract, and the company agrees to make up
the difference to the employee who does not receive a sum equal to the minimum
as outlined below.
The guaranteed minimum weekly wage shall be computed in the following
manner:
The individual employee’s straight-time average hourly rate of earnings for the
year preceding the effective date of this contract, or such portion thereof during
which the employee may have been employed by the company, plus the general
wage adjustments included in this agreement, shall be multiplied by 40 hours.
N o t e .— This agreement is in effect for 1 year.
8. Plant To Operate 50 Full Weeks Per Year
The employer hereby guarantees to keep his bakery in operation a minimum o f
50 full weeks per year, the number of days of operation per week to remain
unchanged.
9. Guarantee of 40 Hours Each W eek fo r 52 Weeks to Employees With 1 Year’ s
Seniority. Employee’s Account in Trust Fund Credited With Overtime Com
pensation and Debited With Advances Made by Company in Short Weeks.
Upon Clearing of Account at 13-Week Intervals, Employee Paid Amount of
Credit Balance But Is Not Liable in Event of Debit Balance. Guaranteed
Minimum Workweek of 36 Hours for Employees Ineligible for Guaranteed
Annual Wage
GUARANTEED TIME
The company will guarantee a minimum of thirty-six (36) hours of work per
week for all employees, or wages in lieu thereof to those employees who are not
covered by the guaranteed-annual-wage provisions hereinafter set forth, and sub
ject to the following provisions.
Employees who are laid off up to and including the close o f the second workday
of the week will not be paid any guarantee, but will be paid only for the hours
actually worked. It is understood, however, that if any employees are recalled
to work in their regular seniority turn, in the same workweek in which laid off,
they will be guaranteed the minimum of thirty-six (36) hours.
GUARANTEED EMPLOYMENT AND WAGE PLANS
9
Employees who are tardy or are excused from work for part of a day for
personal reasons shall have the 36-hour guarantee reduced by the number of
hours of work missed by such absence.
Employees who are reemployed after the beginning of the pay-roll week shall
be guaranteed that portion of 36 hours which the gang has not worked that week.
The application o f the 36-hour guarantee shall be the same in holiday weeks as
in all others.
The regular workweek for all workers within the appropriate units shall begin
at 12: 01 a. m. Monday.
Employees called to work must be provided with a minimum of 4 hours’ work or
4 hours’ pay in lieu thereof.
Any employee called back to work on the same day after once going home shall
be paid at the rate of time and one-half for all hours worked on recall and shall
be guaranteed a minimum of 4 hours. This shall not apply when shifts are being
changed.
The provisions o f paragraphs--------- shall be applicable also to employees cov
ered by the provisions of the guaranteed annual wage hereinafter set forth.
GUARANTEED ANN U AL WAGE
The company agrees to guarantee all employees who qualify as hereinafter
provided fifty-two (52) weeks of employment for forty (40) hours each week.
They shall pay to such employees forty (40) hours’ pay as illustrated and set
forth in section 45 hereof.
There shall be established an employees’ trust fund to be managed by an
independent trustee to be agreed upon. The union agrees that the trustees
may be, and in order to facilitate the administration of the trust, should be
officers of the company. The trustees shall give bonds satisfactory to the union
and the company, the cost o f which shall be borne by the company.
(a)
All overtime compensation due the employees shall be computed and paid
over to said trustees each week in trust for the respective accounts o f each of the
employees. Each such payment of overtime compensation shall be accompanied
by a weekly statement indicating the amount of overtime compensation paid
over for the account of each employee and the number of hours in excess of forty
(40) worked by said employee. It is agreed that the bona fide pay-roll records
of the company shall be made available to and shall be accepted by the trustees
as a true statement o f each employee’s account.
(&) An employee shall be credited in such account for all hours worked in ex
cess of forty (40) hours at time and one-half. (Example—An employee who
works fifty (50) hours in a given week shall receive forty (40) hours’ pay and
his account shall be credited with fifteen (15) straight-time hours.)
(c)
In such weeks as an employee actually works less than forty (40) hours
he shall receive a cash advance for the difference between the number of hours
actually worked and forty (40) hours, to be computed by multiplying this
difference in hours by his hourly basic rate o f pay. Example:
1. Assume an employee’s basic rate of pay to be $1 per hour. I f he works
thirty (30) hours at his basic rate in any week he shall be paid $30 for the hours
actually worked and shall be advanced 10 times his basic hourly rate o f pay,
or $10.
2. I f he should work thirty (30) hours at a job calling for a higher basic rate
than his regular rate of pay he shall be paid 30 times the higher hourly rate at
which he worked and he shall be advanced 10 times his basic hourly rate of
pay, or $10.
863587— 50-------2
10
COLLECTIVE BARGAINING PROVISIONS
(d) For the purpose o f this agreement, an accounting period will be o f thirteen
(13) weeks’ duration beginning [date], provided that, commencing on [date],
and continuing thereafter, unless otherwise provided, the accounting periods shall
be computed from said date. At the end of each thirteen (13) week period, the
company will submit to the trustees a statement reflecting the amount of money
advanced to each employee and the number of hours for which such advances
were made.
( e ) Promptly upon receipt o f the statement referred to in (d) above, the
trustee will clear each employee’s account as follow s:
1.
The amount o f all overtime compenstion paid to the trustee shall be
credited to the account of the employee for whom it is held in trust.
(i) The amount of all advances reported to the trustee shall be
debited to the account o f the employee to whom such advances were
made.
(ii) I f the credits exceed the debits, the trustees shall pay such excess
to the employee and the balance—-representing the advances made to
the employee— shall be paid over to the company.
(iii) In the event that no amount is due the employee because the
debits exceed or offset the credits, the employee’s account shall be con
sidered as cleared and he shall start the next thirteen (13) week period
with a fresh account having no credits or debits at that time. In such
case, the trustee shall thereupon pay over to the company any funds
standing in trust account.
( / ) For purposes of payment o f the account, the hours shall be computed at the
employee’s regular rate of pay. For the purpose o f this paragraph the employee’s
regular rate is defined as the job classification rate at which he is carried on
the pay roll. (Example— Employees will be paid each week any extra money
earned because of working at a rate higher than the employee’s regular rate.
Therefore, if an employee’s regular rate is $1.10 per hour but said employee
works 50 hours at $1.20 per hour, he will receive 10 cents per hour for the 40
hours and 15 cents per hour for the 10 hours overtime, or a total of $49.50 that
week. His bank will be credited with fifteen (15) hours at $1.10 per hour.)
Employees shall qualify under this plan as soon as they have worked 1 year
since [date]. For the purpose of this provision, 1 year’s work shall be defined
as either forty-four (44) weeks or two hundred fifty (250) days in the anniversary
year or succeeding year of employment starting from the anniversary date, which
ever is more favorable to the employee. In the event an employee is laid off at
the time he passes his anniversary date, his next qualifying year will begin with
the date he is rehired and placed on the pay roll. For example, an employee
is hired [d a te ]; on [date] he had not qualified and was laid off for lack of work
at the time. He was hired again on [date], therefore his next qualifying year
begins on that date. Once an employee qualifies as provided herein, he shall
be covered by this annual wage guarantee at the beginning of the next thirteen
(13) week period following qualification.
" Employees absent for personal reasons during any week shall be paid that
week for the hours actually worked, plus any cash advance paid to the gang. In
the event any cash advance is paid the gang, his account shall be charged with
the same amount as is charged against the account o f the balance o f the gang.
Employees absent because of sickness or injury shall receive no pay for time so
lost under this guaranteed time provision provided he will be paid in accord
ance with the sickness and accident benefit plan as hereinafter provided for.
I f any action is commenced pursuant to the provisions of the Fair Labor Stand
GUARANTEED EMPLOYMENT AND WAGE PLANS
11
ards Act which challenges the validity of the guaranteed annual wage plan or
the method by which it is administered, the company shall reserve the right
to terminate upon ten (10) days’ notice those provisions of this contract which
provide for said guaranteed annual wage. I f the company exercises its right
to so terminate the provisions of the guaranteed annual wage, the compensation
of the employees affected thereby will revert to and be governed by the pro
visions of this contract applicable to those employees who do not qualify under
the guaranteed annual wage plan or to enter into further negotiations with the
union as the union may elect. In the event the courts establish the validity
of the plan the provisions of the guaranteed annual wage plan shall again become
operative as soon as practicable.
In the event the company elects to recompute the regular rate of pay at the
end of any thirteen (13) week period and compensate the employees in accord
ance with the recomputed rate (a practice recognized by the Wage and Hour
Administrator), it is understood that such recomputation and additional pay
ment was made without prejudicing the company’s position that the Fair Labor
Standards Act does not require such action.
Employees who do not qualify under this plan shall be covered by the
provisions of the guarantee time section of this agreement providing for the
thirty-six (36) hour guarantee.
Employees who voluntarily quit or are discharged will forfeit all rights under
the annual wage plan.
Any employee on leave of absence will be suspended from the annual wage
payment plan during the period of such leave.
10. Company Advances in Weeks When Less Than 40 Hours Worked Repaid in
Weeks When Overtime Worked. Advances Canceled hy Employee’s Death
or Termination of Employment.
All employees covered by this contract who have worked steadily for the
employer one or more years shall be classified as a permanent employee and shall
qualify for the annual wage plan. All permanent male employees shall be
guaranteed 40 hours’ pay per week and all permanent female employees shall be
guaranteed 36 hours’ pay per week. In the event the employer is not successful
in providing a whole week’s work for any permanent male employee, the employer
will give that employee 40 hours at straight-time, making up all hours less than
'the 40 straight-time hours. This difference between hours worked Jess than
40 hours at straight-time in any one week and the 40 straight-time hours which
the employer guarantees is an advance which can only be repaid in work. In
making repayments in those weeks where the employee works more than 40
straight-time hours, the employee for each hour worked over 40 straight-time
hours in any week, will cancel out one and one-half hours of straight-time
hourly pay advanced him by the employer in those workweeks in which he
worked less than 40 straight-time hours. The following provisions and condi
tions relative to the annual guarantee shall also prevail during the life of this
labor contract and working agreement:
1. The annual guarantee described above is a minimum guarantee only
and the employer, wherever possible, will make every effort to provide the
highest possible earnings through overtime or other financial inducements
to employees covered by this contract.
2. Any “advances” granted employees covered by this agreement shall be
automatically canceled out in the event of an employee’s death or in the
event the employee leaves the service of the employer.
3. No pay shall be held back against any future advances.
12
COLLECTIVE BARGAINING PROVISIONS
11. Annual Guarantee of 1,704 Hours Per Tear. Company Advances in Weeks
When Less Than 30 Hours Worked Repaid in Weeks When More Than 30
Hours Worked. Advances Become Immediately Payable Upon Termination
of Employment.
All employees who obtain a seniority of three (3) years or more, and provided
such employees have reported and worked whenever work was available, shall
be guaranteed a minimum of 1,704 working hours including vacation time at the
regular existing rates o f pay in any calendar year, subject to a deduction for time
lost through sickness or accident (actual time that the classification was in
operation) or shut-down of the mill caused directly or indirectly by fires, strikes,
riots, tornadoes, cyclones, explosions, floods, military or civil commotion, and
other causes beyond our control.
Any employee who has attained a seniority of three (3) years or more em
ployment and shall in any week earn wages for less than thirty (30) hours due
to work not having been made available, shall be paid for the actual hours
w orked; and at the employee’s request to the auditor a sum sufficient to make
up a total payment for thirty (30) hours, with the understanding that the
excess payment will be collected without interest or other charges in the next
following week or weeks in which the employee receives in excess of thirty (30)
hours’ work. When employment is terminated for any reason, all excess pay
ments become immediately due and payable in full.
12. Twelve Hundred Hours9 Work Per Year for Employees With 5 Tears9 Service
The company guarantees to every employee, who has completed 5 years’ con
tinuous service in the employ of the company at the time of the execution of
this agreement a minimum employment of 1,200 hours for the year covered by this
contract. All hours worked by said employees, both straight time and overtime,
shall be credited against the 1,200 hours. If the company does not provide work
for any part of the 1,200 hours the employee shall be paid fo r the unworked hours
at his straight time hourly rate.
13. Minimum of 50 Full Weeks Per Tear
The employer hereby guarantees to keep his bakery in operation a minimum o f
50 full weeks per year, the number of days of operation per week to remain
unchanged.
14. Guaranteed Workweek of 60 Hours for 3 Months, 54 Hours for 2 Months, and
45 Hours for Remaining 7 Months
It is mutually agreed by both parties to this contract that each class of employee
listed above shall be assured a minimum of sixty (60) hours of employment per
week during the months of June, July, and August, fifty-four (54) hours per
week during May and September, and forty-five (45) hours per week during
the remaining seven (7) months of the year.
N ote.— This agreement covers truck drivers and salesmen of several wholesale
fruit companies.
15. Minimum W eekly Guarantee of 55 Hours for 9 Months and 44 Hours for 3
Months. Pay at Regular Rate for Hours in Excess of W eekly Minimum
It shall be the duty of the employer to furnish 55 hours of work per week for
9 months of the year and 44 hours of work for the following 3 months: January,
February, and December. In case a holiday falls on a workday the employer
has no responsibility to furnish work nor to pay the employee for this day. In
GUARANTEED EMPLOYMENT AND WAGE PLANS
13
case any more than the stipulated 55 hours are worked in any one week the
employee shall be paid at his regular rate of pay for any hours worked.
N o t e .—This agreement covers county employees.
16. Specified Classifications Guaranteed 1§8 Hours Each W eek for Duration of
Agreement; Other Employees Guaranteed 40 Hours. Guarantee in Con
sideration of Wage Reduction
In consideration of guaranteeing the wage rates attached hereto, the above
wage rates have been established at five (5) cents per hour less than the standard
rate for each classification. The company agrees that all regular employees are
guaranteed forty (40) hours’ work each week except millers, machine tenders, and
one millwright who are guaranteed forty-eight (48) hours’ work each week in
cluding a 48-hour vacation for the duration of this agreement.
17. Forty-Hour Weeks ’ Pay for Each 15 Days ’ Unemployment.
Maximum of
Three Such Payments in Any Calendar Year
The employer agrees to inaugurate an employee work security plan to operate
as follow s:
{a ) Each eligible employee is guaranteed a forty (40) hour workweek
pay for each fifteen (15) days that said employee is unemployed due to
the failure of the employer to offer work. The fifteen (15) days referred
to are cumulative and may or may not be consecutive.
(b) An eligible employee shall be any employe entitled to receive vaca
tion pay and all other benefits that operate under the union health and
welfare plan.
(c) A maximum of three 40-hour weeks’ pay only will be allowed in any
one calendar year except during the year ending December 31, 1947, a
maximum o f two 40-hour week’s pay will be allowed.
( d) An audit will be made the week ending nearest to December 15, each
year to determine the number of days accrued to the benefit of each employer
and all accruals will be paid on the following pay day to each employee
who benefits.
(e) It will be the responsibility o f each employee to account for each
day that said employee is unemployed due to lack of work and to maintain
a record o f such daily unemployment properly approved by their supervisor.
N ote
This is a 2-year agreement.
18. Minimum Number of Weeks Per Year Guaranteed. Seasonal Variation in
Number of Hours and Days Worked Per Week. Minimum W eekly Guarantee
Applicable to Seasonal Employees for Period of Employment
a r t ic l e
v
Subject to the provisions o f article VI [below], all men who were employed
by the employer November 1, 1948, except employees hired under article II-B
shall be guaranteed the opportunity to work in accordance with article II-A
and C.
ARTICLE II
A.
Except as hereinafter specified, the normal working day shall not com
prise more than eight (8) hours, and working week shall not comprise more
than forty (40) hours, or more than five (5) days, for thirteen (13) weeks
during the winter period, and forty-eight (48) hours, or more than six (6) days
for thirty-four (34) weeks during the summer period.
14
COLLECTIVE BARGAINING PROVISIONS
B. The employer may hire a group o f men for work during the summer sea
son of thirty-four (34) weeks, or thirty (30) weeks, or any other period of
time that he may find necessary for the proper upkeep of the cemetery. These
men will be entitled to the same number of hours per week during this season
as other employees but in no case shall their period of work extend beyond the
summer season. These men shall not be required to work longer hours per
day or week than other employees. Each man shall receive the scale of pay
to which his rating entitles him.
C. Exceptions:
1. The working day for truck drivers shall not exceed nine (9) hours per
day and five (5) days per week during the winter period, and nine (9) hours
per day and six (6) days per week during the summer period.
(a) No manual labor shall be required of the men on duty on Memorial
Day other than that required for burials.
(b) The daily schedule will be formulated by the employer after con
sultation with the stewards in each division as already established.
2. Due to the inability of some of the men eligible for winter work to handle
the work efficiently during that period, their working hours will consist of
thirty-eight (38) weeks in all, divided into four (4) weeks at forty (40) hours
per week, and thirty-four (34) weeks at forty-eight (48) hours per week during
the summer period.
article vi
The employer shall have the right to lay off men from time to time, when
their services are not required, subject to the guarantee of article V.
19. Guarantee of 70 Percent of 'Normal Working Time in Year. Time Lost
Because of Conditions Beyond Control of Company or Employee’s Failure
To Perform Available Work Deducted From Normal Working Time
The company undertakes to guarantee every employee a certain minimum
annual wage based on the following conditions:
Employee must have not less than one (1) full year continuous service with
the company before January 1 of any calendar year before becoming eligible
for the annual guarantee.
Work stoppage due to fires or damage to plant or from other causes in
cluding strikes by this or other union, shortages of raw material or any other
causes beyond the company’s control must be considered as time lost which the
company is not expected to make up.
The company guarantees 70 percent of a full year’s normal working time. The
term “ full year’s normal working time” is understood to mean 2,080 hours. An
nual earnings shall be at rates prevailing under the standard wage schedule with
the exception that if work stoppage occurs due to causes in paragraph [above]
of this section, the 70 percent guarantee shall be figured on a full year’s normal
working time less the time lost due to causes beyond the company’s control.
Time taken off by the employee when work is available under normal work
schedule shall be considered as hours worked.
It is agreed that “ absenteeism” as defined in paragraph C, section 4, is an
example whereby an employee does not avail himself of all the normal working
hours offered by the company.
20. Guarantee of 230 Days’ Work During Year
The company guarantees to the employees who are working for the company
on [date], a total of two hundred thirty (230) days’ work, beginning [date] to
[date], except in case of emergency.
GUARANTEED EMPLOYMENT AND WAGE PLANS
15
21. Full Employment Guaranteed for 10 Months of Year. Work Sharing During
Remaining 2 Months and Reduction in Guaranteed Period of Employment
Subject to Arbitration
The employers guarantee full employment for a period o f 10 months in each
year of this agreement, except as herein specifically provided. During the months
of July and August in each year, any employer which desires to institute an
equal division of work among its employees, shall first submit the question to
arbitration in the manner set forth in this agreement. This provision for an
equal division of work during July and August shall also apply to members having
only one employee. During the guaranteed period of employment, if and when
a member of the association finds himself overmanned with employees, and
desires to reduce the guaranteed period of employment for that reason, it is
agreed that he may and shall submit such issue for arbitration in the manner
set forth in this agreement.
22. Guaranteed Minimum Number of Months Per Year for Marine Engineers.
Reduction in Minimum if Navigation Season Less Than 7 Months. Cancella
tion of Guarantee in Event of Marine Disaster, Condemnation, or Sale
of Vessel
Chief engineers shall be paid for twelve (12) months and first? second, and,
when carried, third assistant and junior third assistant engineers shall be paid
for ten (10) months (306 days’ pay), except that if the actual navigating period
of the vessel or boat is less than seven (7) months the officers will be paid for
time worked only at the regular monthly rate with a minimum of five (5)
months.
It is understood and agreed that the company has the right to require chief
engineers to work twelve (12) calendar months in any one (1) year without
extra compensation, if it so desires, and it may also, if it so desires, require
first, second, third assistant and junior third assistant engineers to work twelve
(12) months in any contract year, and if it does so, will pay them at the regular
monthly rate only for the time so worked over ten (10) months. It is agreed
that this does not affect vacations as specified in [paragraph] below.
It is understood and agreed that the season o f operations is to start approxi
mately the first Monday o f March of each year, the actual starting date to be
determined by the company. In the event the season starts at a later date offi
cers affected will be given two (2) weeks’ notice of the actual starting date. It
is also understood and agreed that the season of operations is to end not later
than December 24 o f each year. The purpose of this paragraph is to give first,
second, and, when carried, third assistant and junior third assistant engineers
thirty (30) days’ vacation with pay while the vessel is not in operation in lieu
of any and all other leave, vacations or vacation allowances; subject, however,
to the exceptions specified in section 8 o f article YII hereof. I f any o f the
aforementioned officers work nine (9) months or less but more than seven (7)
months, they will receive the guaranteed ten (10) months’ pay only. If any
of the aforementioned officers work less than ten (10) months but more than
nine (9) months, they will receive additional compensation, over and above
regular compensation for time worked, sufficient to bring the vacation allowance
up to thirty (30) days, and if they work over ten (10) months they will receive,
in addition to regular compensation therefor as specified in [paragraph] above,
a vacation allowance of thirty (30) days’ pay. In the case o f chief engineers who
are required to work a full year, their vacations, vacation allowances and any
other leave shall be the subject of adjustment between the company and the
16
COLLECTIVE BARGAINING PROVISIONS
association and the chief engineers, subject, however, to the exceptions specified
in section 8 of article Y II hereof.
To come under the guaranteed employment in [paragraph] above and receive
the vacation pay benefits in [paragraph] above, officers must be shown as regu
larly assigned officers on the pay roll on March 15 of each year and must also
be shown as regularly assigned officers on the pay roll on the final lay-up date
of each year. However, first, second and, when carried, third assistant and
junior third assistant engineers who sign on after March 15 and are shown
as regularly assigned officers on the pay roll on the final lay-up date of each year
shall be entitled to regular pay for the time actually worked only plus a pro
rata proportion o f the vacation benefit of thirty (80) days’ pay in [paragraph]
above, to be calculated on the basis of a fraction consisting of the nearest num
ber of months from the date of signing on to the final lay-up date as a numerator
and the numeral 10 as a denominator.
If service of the vessel covered by this agreement is discontinued at any time
during the life of this agreement for one or more of the following reasons
enumerated herein, the tenure of employment of members o f the association on
such vessel shall terminate immediately upon written or telegraphic notice by
the company:
(1) Marine disaster, total or constructive total loss
(2) Condemnation by Bureau of Marine Inspection and Navigation
(3) Sale of vessel to public or private persons, commandeering or taking
over by governmental authorities
23. Designers and Foremen To Be Employed for Terms o f 6 Months and 1 Year,
Respectively
(a) Designers shall be employed for 6-month periods beginning on May 1 or
November 1.
(b) Foremen and foreladies shall be employed for 1-year periods beginning
on June 1 or December 1, with the option to the employer to terminate said
employment at the expiration o f 6 months upon 2 weeks’ prior notice in writing
to the worker.
(c) The term o f employment o f any worker engaged within the aforementioned
6-month period to replace a former worker whose employment had been termi
nated shall, nevertheless, expire at the end of the unexpired term of the said 6month period and if the worker is thereafter continued in employment, the term
thereof shall be deemed renewed in the manner provided for in subdivision “ b”
[above] of this paragraph.
N ote.— This is a 2-year agreement.
24. Employer To Set Aside Specified Proportion of Wholesale Value of Product
as Labor’s Share. Employees To Receive Basic Amount Weekly and
Monthly Adjustment A fter Providing for Reserve Fund. Designated Num
ber of Employees Exempt From Lay-Off. Other Employees With Specified
Qualifications May Participate in Plan but Are Subject to Lay-Off.
A.—Definition, Gross Amount, Determination Thereof
The parties hereto agree that the capital, management, and labor interests in
the business of the company, shall constitute a true partnership insofar as shar
ing the proceeds of production. The parties further agree that thirty-six (36)
percent of the wholesale “added value” of the shoes packed during the term of
this agreement plus payment for vacations and holidays as hereinafter set forth
shall be a fair reward for the labor interest as herein set forth. The words
“ added value” shall mean the wholesale price of shoes packed after payment for
GUARANTEED EMPLOYMENT AND WAGE PLANS
17
raw materials deducted from said price; said raw materials being described in
the attached schedule B.
In determining the added value, the cost of the raw material now o n ---------*
shall be computed on th e--------- method except in the event that prices fall below
th e --------- base price. In that event the value of the inventory will be adjusted
to market by means of a reserve. If in subsequent years, the raw material prices
rise, the reserve will be adjusted downward so that as prices rise to t h e --------base, the reserve will be extinguished * * *.
In determining the wholesale price of the shoes packed during the term of this
agreement, the prevailing wholesale price at the time of packing shall be used,
except that allowances shall be made for damaged shoes, and which said allow
ance shall be determined in the manner established by the usual custom. In addi
tion thereto, management agrees that all sample and trial shoes produced shall
be credited at the highest wholesale added value price prevailing in the month
when the sample or trial is completed.
The management further agrees to consult the executive board of the union
upon any contemplated changes in the wholesale price-list of shoes before institut
ing the same. Any management agrees that it will endeavor to reflect the pre
vailing market cost in the pricing of its product.
The management further agrees that it will continue to bear the cost o f any
loss of production by new employees and that it will credit to the percentage
fund such cost as computed by the time study engineer or such other person duly
authorized by the union and the management to compute such cost. Both parties
recognize that in making payment for the loss of production by new employees,
the same was due to abnormal conditions of employment resulting from the war
period and postwar era.
It being understood that the percentage arrived at for added value was based
on direct labor cost for the years 1926 to 1941 inclusive, when all cost of loss of
production by new employees was included in said cost.
The management further agrees that it will continue to credit the percentage
fund as well as make payment to the said cutters in accordance with the present
plan of “ cutters’ bonus” as has existed since the instituting of the same. In other
words, the percentage fund shall be credited a like amount as paid to the cutters
but the said fund shall not be charged for any damaged shoes.
Both parties recognize that in instituting the plan of “ added value” instead
and in place of the heretofore existing share production plan, there may be a
change in the ratio of the amounts paid to the capital, management, and labor
interests in the business of th e --------- company. And consequently either party
may upon 10 days’ notice to the other request a reconsideration of the percentages
paid to their respective interests. Any adjustment made in such percentage
shall be retroactive to the commencement o f the quarter in which the said notice
was given, such quarterly periods commencing on the first days of May, August,
November, and February following the date of this agreement.
The management further agrees to give free access to the necessary books and
records of the management and full cooperation once during each calendar year
to an auditor or auditors selected by the union to check the wholesale added value
of the shoes packed during the life of this agreement and the earnings paid out
of the workers’ share production fund. The management further agrees to for
ward to the union each month during the term of this agreement its most accurate
estimate of the status of the said workers’ share production fund.
B. Drawing Accounts and Classification of Membership
In order to effect an orderly distribution of the union members* share of the
receipts of the company, the parties hereto agree that a drawing account system
18
COLLECTIVE BARGAINING PROVISIONS
as hereinafter more fully set forth, shall be employed. The percentages of the
wholesale added value of the shoes, plus vacations and holidays, reimbursement
of the cost of loss of production of new employees, and cutters’ bonus as more
fully hereinbefore set forth, shall be credited to the aforementioned drawing
account by management.
That furthermore all payments made, except as provided in the section of this
contract designated “ overtime” shall be charged to the aforenamed drawing
account, which said payments have been classified under the heading “ direct
labor” “ labor wage adjustments” on the books of the company. This group of
employees, as hereinafter more fully set forth, shall constitute the “labor inter
interest” hereinabove referred to.
This said labor interest shall consist of the following classifications of member
ship and the rights, interests, and benefits of each classification:
The class A membership shall consist of those workers whose service record
began with the company prior to [date], and such workers who have attained
a class A rating since said time, except those workers who, because of a disquali
fication as hereinafter more fully set forth, were unable to attain the said
class A membership. The class A workers shall constitute a permanent labor
force and shall not be subject to lay-offs. The class A workers are to share ex
clusively in whatever production that can be secured by the management until
such time as increased production necessitates additional workers, as hereinafter
enumerated.
The total membership of class A workers is limited to 595, including those
class A members and workers who attain a class A membership while on leave
of absence; it being understood that care must be taken that the rights of all
workers who are on leave of absence are preserved when promotions to class A
memberships are made.
The class B membership shall consist of all those workers except those here
inafter or hereinbefore classified as otherwise, who have been employed at the
company, --------- plant, for a period of at least 2 years. These said class B
members shall immediately begin to participate in the share production plan at
the commencement of the first month period after the second anniversary of their
employment, and they shall be entitled to all the rights, interests, and benefits
of the class A membership, except that they may be subject to lay-off in accord
ance with the terms of this contract.
The class C membership shall consist of all workers who had not reached the
age of 45 years at the time of their commencing employment at th e --------- com
pany, --------- plant, such members, of course, being members in good standing in
t h e --------- union * *
* but who shall have served less than 2 years.
The class D membership shall consist of those workers who are 45 years of
age or more at the commencement of their employment with the company and
who have not previously earned a higher classification as hereinbefore set forth.
The class DB membership shall consist of those class D members who have
completed 2 years of employment with the company and who are eligible to the
share production plan. The same is hereinbefore explained in reference to class
B members. However, such class DB members shall at no time be eligible for
promotion to class A membership.
The class HA membership shall consist of those workers who were previously
classified as class A members but who, because of their physical or mental impedi
ment, were unable to perform the minimum of work provided in the various
factory schedules and consequently were taken out o f the share production plan.
Such members are to be paid on an hourly basis. Otherwise, they shall have the
same rights and benefits of the class A membership with respect to lay-offs.
GUARANTEED EMPLOYMENT AND WAGE PLANS
19
The class HB membership shall consist o f those workers who were previously
classified as class B but who possessed some physical or mental impediment and
could not perform the minimum amount of work provided in the various factory
schedules and consequently were taken out of the share production plan. Such
members shall be paid on an hourly basis.
Class B members shall be promoted to class A membership according to senior
ity upon vacancy occurring in the class A membership hereinbefore set forth
and agreed upon as being limited to 595, due to death, resignation, discharge, or
permanent termination of employment. Provided, however, if there are no mem
bers in the class B membership, then the class C members shall be promoted to
class A membership according to seniority upon vacancies occurring in the class
A membership hereinabove set forth and agreed upon as being limited to 595
members, including those class A members on leave of absence, due to death,
resignation, discharge, or permanent termination of employment; provided
further, however, that such class C members shall have at least two (2) years’
service record at th e --------- plant of th e ---------- company.
All classes A, B, and DB employees are to equally share in production in ac
cordance with the present existing agreement with the management.
All classes B and DB members may be laid off when production needs are not
sufficient to maintain class A members working at least 40 hours per week. In
the event of necessity o f lay-off, there shall be no discrimination between class 0
and class D members, except on a basis of seniority rights. That furthermore
in the event o f a further lay-off, there shall be no discrimination between a class
B employee and a class DB employee, also, except on the basis of seniority rights.
Classes HA, HB, C, and D members are wage earners and work for a stipulated
amount per hour, the total of their wages being paid out of the gross share before
any balance is allocated to the accounts o f classes A, B, and DB.
Earnings of classes A, B, and DB members are to be allocated to the individual
account of each of said members, that member being paid in cash any balance
to his or her credit after providing for a reserve fund of thirty-five (35) percent
of his or her annual estimated income which said reserve includes provision for
sick leave as hereinafter more fully set forth. However, the amount of the re
serve fund may be decreased or increased by agreement between the executive
board of the union and management.
The adjustments in said individual accounts shall be made at the end of each
month and when the reserve in each individual account exceeds thirty-five (35)
percent of the annual estimated income, or any other amount as agreed upon by
and between the executive board of the union and management, the excess shall
be paid on or before the fifteenth day of the second month following (except that
the excess for the month of March 1948, shall not be due and payable until May
15, 1948), permission being granted to management to include said excess in the
regular weekly drawing, provided, however, that in increasing the amount of
the reserve upon agreement between the executive board of the union and man
agement the amount to be paid in excess of the thirty-five (35) percent until
the agreed reserve amount shall be reached shall be determined by the executive
board of the union.
It is agreed between the parties hereto that all workers employed at an hourly
wage shall be designated “employees.” After a production worker has served
a period of two (2) years and shall become eligible for admission to classes A,
B, or DB in accordance with the foregoing, he shall be given the privilege o f so
associating himself with the share production workers and upon his acceptance
he shall be designated “associate.” In the event he shall have refused the priv
ilege of becoming a share production worker, he shall then remain an “ employee”
20
COLLECTIVE BARGAINING PROVISIONS
at an hourly wage rate. Furthermore, upon the completion of the said service
period of two (2) years, the said worker shall be offered the privilege as aforestated by the business agent of the union and a representative of management,
they agreeing to fully explain and define the share production plan.
Management further agrees to pay interest on the balance in the individual
reserve accounts of the said classes A, B, and DB members at the same rate as is
currently being paid by banks on savings deposit accounts (currently agreed at
1 percent per annum) except, however, such computations shall be made at the
end of the month in accordance with the adjustments made on the individual
account of each member * * ♦.
It is agreed that during the period of this contract, changes may be made in
the differential base rates upon mutual agreement by and between management
and the executive board of the union.
It is agreed for the purpose of calculating the drawing account of each indi
vidual member o f the union, a yearly differential rate of 2,080, or 40X52, multi
plied by the present average hourly drawing, shall be the basis of calculation.
However, adjustments in individual differential rates may be made during the
period of this agreement, but such individual adjustments shall not be effective
or paid until approved by the executive board of the union; provided, however,
that when production department members are called to do maintenance work,
they shall receive compensation at a rate agreed upon by and between the man
agement and the executive board of the union; * * ♦.
G.— Stabilized Annual Income
For the purpose of stabilizing annual earnings of the employees of the com
pany in the union’s jurisdiction, it is agreed that each class A, B, and DB members
shall receive at least one drawing for each week that this agreement is effective,
and that the amount of such drawing will be at least one fifty-second of the
member’s yearly differential rate except as that differential rate may be changed
in accordance with the provision permitting adjustments of the individual rates
and except as the multiplier can be changed in accordance with the provision
hereinafter relating to ‘‘overdrafts.” However, for the purpose of establishing
in all departments uniformity of drawing for absence, due to illness, the union
agrees that each class A, B, and DB member shall be entitled during the term
o f this contract to 5 days of absence with drawings for recognized cause.
D.—Reserve and Overdraft
The parties agree that it is highly advisable to establish a reserve in the worker’s
fund of each individual class A, B, and DB member, in such instances as here
inbefore set forth, in order to guard against the disruptance of drawing sched
ules due to adverse business conditions and both parties agree to promote the
accumulation and maintenance of such reserve accordingly. Commencing March
1, 1948, this reserve shall consist of thirty-five (35) percent of the annual esti
mated income, the same being computed by multiplying the present average hourly
drawing by two thousand eighty (2,080) ; except that such a reserve may be
increased or decreased upon agreement by and between the executive board of
the union and the management. The said thirty-five (35) percent individual
reserve account or such other reserve account as shall be agreed upon by and
between the executive board of the union and management shall include drawing
for five (5) sick days. However, management shall continue to pay the regular
weekly drawing including weeks with holidays, vacations, and five (5) days
sick leave, if by doing so the individual reserve is not reduced below five (5)
percent of the annual estimated income, but no monthly or adjusted compen
sation payments will be had if by so doing the said reserve is reduced to a sum
less than thirty-five (35) percent of the annual estimated income; provided
GUARANTEED EMPLOYMENT AND WAGE PLANS
21
further, however, if an individual class A, B, or DB member should require
additional drawing from the said reserve by reason of his or her absence from
her daily employment due to illness, such additional amounts may be made to
him or her upon agreement by and between the executive board of the union and
the management; but, in no event, shall his or her reserve account be less than
fifteen (15) percent of his or her estimated annual income.
When it is apparent that due to adverse business conditions the said reserve
account shall be depleted if no change is made, the drawing account rates shall
be revised by agreement between the management and the executive board of
the union to a point where the reserve account will at no time be less than five
(5) percent of the annual estimated income, except as hereinafter stated,
management will pay a premium for vacation and holidays.
25. Employer To Pay Sum Equal to 10 Percent of Straight-Time Wages Into
Guaranteed Annual Wage Reserve. Employer's Liability Limited to
Amount in Reserve Fund. Unexpended Amounts in Reserve Fund Reverts
to Employer at End of Work Year. Plan Continued as Long as Company
and Union Maintain Contractual Relations
This guaranteed annual employment plan is instituted by the company and
the union, after 10 years of uninterrupted friendly and cooperative relations,
in recognition of the dignity of labor and of the fundamental justice of providing
the qualified workers, in advance, with the security of assurance of incomeproducing time balancing income-consuming time, thereby placing those workers
upon a basis of annual employment and sustaining and continuing the cooperation
between the company and the union.
The company and the union are united in the belief that this plan will operate
to the best interests of both the company and the workers and, mutually pledge
their best efforts toward its fair and effective operation, realizing that the
progressive policies herein provided can succeed, to the greatest benefit of all
concerned, only through cooperative thought and action of the highest type to
make possible year-round, sustained employment and production in a traditionally
seasonal industry. The union recognizes the multiplied difficulties of the company
in providing year-round employment. The company recognizes that such em
ployment is impossible, except for production by loyal and interested workers,
and that the regularization of production hereby required will create a difficult
and ever-changing task upon all departments o f the company, managerial and
executive as well as manufacturing, and will require sustained coordination
between all departments. Both declare their confidence in this plan and their
determination that it be made a significant step forward toward freeing the
workers from the instability of daily, hourly, and seasonal employment, and
from the entire garment industry and of all workers employed in the industry
by stabilized employment, continuous production and increased understanding,
respect, responsibility, and cooperation between employer and employee and
employer and union.
Wherever used in this agreement, certain specific terms are interpreted as
hereinafter set out.
‘‘Company” means [name of company].
“ Union” means [name of union].
“Plan” means the guarantee of annual employment plan.
“Pay-roll week” means forty (40) hours not to exceed 9 hours in any one day
(the ninth hour in any day to be paid for at the rate of time and a h alf), during
each week, Thursday to the following Wednesday, both included, but Saturday
excepted.
22
COLLECTIVE BARGAINING PROVISIONS
“Guaranteed annual wage reserve” means a special reserve so set up in the
accounts and statement of the company at the time of preparing its fiscal state
ment for the preceding fiscal year, annually, and so maintained, less only bene
fits paid therefrom by the company to qualified workers throughout the ensuing
fiscal year.
“ Fiscal year” means the fiscal year of the company, namely, July 1 through
June 30 of each year.
“ Work year” means the same period as fiscal year.
“ Eligible worker” means every worker covered by the union contract, who
has been in continuous and regular service of the company for not less than
the period from the beginning of the first workweek in January through the last
week in June of the fiscal year immediately preceding the guaranteed period,
and hereinafter referred to as group one, and every worker covered by the
union contract who has been in continuous and regular service of the company
for not less than the period from the beginning of the first week in July through
the last workweek in December of the fiscal year immediately preceding the
guaranteed period, and hereinafter referred to as group two.
“ Determined rate of pay” means that hourly rate of each eligible worker
determined as provided herein.
Subject to the terms and conditions hereinafter set out, the company hereby
guarantees as follow s:
1. To provide not less than fifty (50) pay-roll weeks of employment during
the work year for all workers in group one, who have been continuously employed
by the company for less than 1 year.
2. To provide not less than fifty-one (51) pay-roll weeks of employment dur
ing, the work year for all workers in group one who have been continuously em
ployed by the company for 1 year or more and less than 5 years. One week of
vacation time paid or unpaid, is included as a part of this guaranteed time.
3. To provide not less than fifty-two (52) pay-roll weeks o f employment dur
ing the work year for all workers in group one who have been continuously em
ployed by the company for 5 years or more. Two weeks of vacation time, paid
or unpaid, are included as a part of this guaranteed time.
4. To provide not less than the remaining pay-roll weeks o f the work year,
beginning with the first workweek in January, annually, for all workers in
group two.
5. All holidays on which no work is performed and for which wages are paid
under the company-union contract, and all days on which, by company-union
agreement, no work is performed, shall be included as a part of this guaranteed
time as a part of the week in which they occur.
6. Time lost due to sickness, injury, voluntary absence, or suspension of manu
facturing operations by reasoh of epidemic, fire, tornado, flood, jury service,
court attendance or military service is included as part o f this guaranteed
time.
7. Time lost by reason of extreme emergency making it impossible for the com
pany to operate its plant or any part of its plant may be included as a part of
this guaranteed time.
8. Time so lost shall not be considered as an interpretation of continuous and
regular employment in determining any worker’s eligibility to receive payments
under this plan.
9. In the event the presently existing straight-time workweek maximum of
forty (40) hours hereafter shall be changed by Federal or State legislation, the
guarantee herein provided shall be adjusted, concurrently therewith, so that
the guaranteed number of hours in each pay-roll week and each week of employ
GUARANTEED EMPLOYMENT AND WAGE PLANS
23
ment hereby guaranteed shall be the number of hours per week prescribed by
such legislation as the maximum for which straight-time is to be paid.
In order to qualify to receive any unemployment payment under this plan,
the employee must— (1) Be a production worker covered by the company-union
contract. (2) Be an eligible worker with his or her determined rate of pay.
For group one the determined rate o f unemployment pay hereunder shall be
the worker’s average straight-tiine hourly earnings (excluding overtime) for the
month of May, immediately preceding the then current work year multiplied by
forty (40) hours in the normal workweek.
For group two the determined rate of unemployment pay hereunder shall be
the worker’s average straight-time hourly earnings (excluding overtime) for
the month of December, of the then current work year multiplied by forty (40)
hours in the normal workweek.
This determined rate shall remain unchanged throughout the work year for
which it is determined. However, if no work is available in any worker’s regular
department, that worker may be employed in another department at a lower
rate of pay than that received during the month in which such rate is deter
mined. In that event his or her rate of pay shall be adjusted by being based
on the average earnings of all workers in said other department for said month
(excluding overtime) multiplied by forty (40) hours in the normal workweek,
but in no event shall the worker be paid less than ninety (90) percent of the
worker’s determined rate of pay.
In the event of any unauthorized strike, an agreement o f the company and
the union or a decision through arbitration shall determine the nature and extent
of any forfeiture of the rights o f any worker or workers hereunder.
Separation from service by resignation by a worker or discharge for just cause
of a worker by the company shall forfeit and terminate all rights hereunder of
said worker as of the date of such resignation or discharge, unless said employee
shall be rehired within twenty (20) regular working days from the date of sepa
ration from service.
Forthwith, upon the certification by a certified public accountant o f the com
pany’s annual statement for the fiscal year ending [date], and annually there
after, the company shall set up and shall maintain, thereafter, throughout the
then current fiscal year, as a separate entry in its statement and accounts, an item
styled and designated ‘‘special reserve as guarantee for annual employment plan,”
said item and reserves to be in a sum and amount equal to ten (10) percent of
the total straight-time wages, less wages paid for vacations and holidays, of all
production workers covered by the company-union contract during the fiscal year
ending [date] and annually thereafter. The certificate of said accountant as to
the correctness of said reserve under the terms of this plan shall be furnished to
the union.
The special reserve herein provided, shall be maintained intact throughout the
ensuing work year, except as reduced by payments made therefrom under the
company’s obligation under this plan. At the end of the work year, annually, all
and any part of said special reserve remaining so unexpended shall revert to the
company, free from all obligation under this plan and all further liability of the
company under the plan for said work year shall end, except as to all claims that
may have been asserted hereunder prior to the end of the work year and which
has not been settled or disposed of prior thereto. A new special reserve, as herein
provided, shall be set up for the next ensuing work year.
The right of a qualified worker to receive payments hereunder shall accrue
upon the inability or failure of the company to fulfill its guarantee hereunder
and shall continue so long as said inability or failure continues and so long as any
24
COLLECTIVE BARGAINING PROVISIONS
balance for the payment of the same remains in the guaranteed annual wage
reserve for the year then current.
In the event that payments hereunder become due and payable payments shall
be made from the special reserve fund as follow s:
a. Each qualified worker shall receive his or her determined rate of pay, less
one-fortieth (1/40) for each hour of employment provided or offered by the com
pany during the pay-roll week for which payment is being made.
b. Payment shall be made on the weekly pay day of the company, namely,
Friday of each week, at the office of the company.
c. Such payment shall be subject to all deductions and withholdings required
by law or authorized by the worker receiving the same.
d. No worker qualified to receive such payment shall have any priority over any
other worker so qualified.
The maximum possible liability of the company at any time during any one
work year under this plan shall equal but never exceed the amount of the
special reserve determined and set up for said work year, less any and all pay
ments made therefrom during said year under said plan.
This plan shall continue during such time as the company and the union
maintain contractual relations.
In the event, however, that during the continuance of this plan, State or
Federal legislation be enacted guaranteeing annual employment and requiring
the payment of taxes, contributions or assessments therefor by the company,
then this plan shall cease with the effective date of such legislation.
This plan is the result of mutual agreement, is based upon the considerations
and obligations herein set out and is made an integral part of the contract
executed contemporaneously herewith between the company and the union and is
declared to be contractual in its nature and interpretations.
26. Association Agreement: Unemployment Benefits Paid to Union Members
from “Fair Income Fund” Administered by Union and Financed by Em
ployer Contribution Equal to 3y2 Percent of Pay Roll
The parties further agree that there shall be created by the union a fund to
be known as, “ The fair income fund” and that the individual manufacturers, mem
bers of the association, shall and will contribute to said fund through the
association a sum equal to 3% percent of their respective gross weekly pay rolls
of the workers covered by this agreement except that the contribution of manu
facturers, members of the association, so far as contractor employees are con
cerned, shall be made on the basis of 2% percent of the entire bill of con
tractors (not merely pay roll of contractors) to the manufacturer. These con
tributions shall be made to the fund by each employer weekly concurrently with
each weekly pay-roll date. The contributions, when so made by the manufacturer
member of the association, shall be deposited in a special fund created for that
purpose and shall be used solely for the purpose of supplementing the income
of employee members of the union and working in the city o f --------- directly or
indirectly for members of t h e --------- association who have lost time as a result
of lay-offs due to lack of employment. No employer or any individual manu
facturer will have any right, title, or interest in the fund; nor will any em
ployee have any right, title, or interest in the fund which will be administered
solely by the union, according to rules and regulations (a copy of which rules
and regulations have been submitted to the association contemporaneously here
with) established by the union for that purpose and awards shall be made only to
individuals who have been employed as union members in union shops for a period
of not less than 6 months. No changes in the aforesaid rules or regulations shall
GUARANTEED EMPLOYMENT AND WAGE PLANS
25
be made during the continuance of this agreement unless the same shall have
been first submitted to and approved by the association. If the union and the
association are unable to agree upon such changes, then the matter shall be
submitted for arbitration in the same manner as provided herein for the settle
ment of other disputes or differences.
For the purpose of checking on the fact that the fund has been used for
the purposes of its creation, the joint board shall maintain complete, adequate
and separate records of books of accounts for the fair income fund and an
account shall be submitted to the association at the end of each 6-month period
showing the receipts and disbursements of the fund and at least once a year
an account certified by the certified public accountant agreed to by both parties,
shall be submitted to the association. For the information of the association a
list of all benefit claim payments shall be furnished weekly to the association.
A committee known as the fair income fund advisory committee shall be
appointed by both sides. The committee shall consist of six members, three
to be appointed by the association and three to be appointed by the union.
Any dispute that may arise with respect to the fair income fund shall be
submitted to the advisory committee. The decision o f a majority of the ad
visory committee shall be final and binding. In the event the advisory com
mittee is unable to agree, the matter shall be submitted to arbitration in the
same manner as is provided herein for the settlement of other disputes and
differences.
N ote.—As a result of wage renegotiations, the parties agreed upon the fol
lowing modifications to the clause cited above:
The benefits payable to employees under the fair income fund shall be
increased so as to provide for a maximum of five checks instead of four during
the first year of this agreement in accordance with present eligibility rules,
and during the second year of this agreement payments to employees will be
further increased to provide for a maximum o f one check for 3 weeks of un
employment instead of one check for 4 weeks o f unemployment. An examina
tion of the resources of the fund having revealed that the improvement in
benefits mentioned above is consonant with prudent management in the light
of experience, such increased benefits are to be provided. Should it occur that
the trustees of the fund conclude that such increased benefits as previously
enumerated would constitute an undue burden upon the fund for the second
year, then the trustees are authorized to make provision for such contingency.
This protection may be provided by an increased payment by the employers of
one-half of 1 percent if the association decides to accept this means and only if
they so decide. Should the association decide not to increase their payments
by a maximum of said one-half of 1 percent, then the trustees are authorized
to reduce by an amount in excess of one-half of 1 percent o f the pay roll the
amount which would otherwise be available for merit rating refund to in
dividual employers.
The basis of contributions to the health and welfare fund and the fair income
fund shall be the employers’ pay roll with the following exceptions:
a. Employers
b. Office help
c. Salesmen
d. Pattern makers and designers
e. Foremen.
A committee of the association and the union will meet in order to determine
means by which the exclusion of foremen will not be abused.
863587— 50-------3
26
COLLECTIVE BARGAINING PROVISIONS
Guarantee o f W eekly Hours or Wages
In a number o f industries, principally meat packing, trucking, and
laundry and dry cleaning, the agreements provide some form of weekly
guarantee, either o f the workweek or minimum weekly wage. Any
employee called to work on the first day of the workweek is guaranteed
a minimum amount of work or a specified minimum weekly wage,
regardless o f the number of hours actually worked. The guarantee
varies from 36 to 40 hours, or more, and in some cases includes overtime
hours and pay. No guarantee is made that the employee will be
given an opportunity to work every week or any minimum number of
weeks during the year. A guaranteed workweek is not a guarantee of
employment. However, in a nonseasonal industry such as public
transportation, employees with long service are virtually assured the
equivalent of full-tim e employment or wages by reason of the weekly
guarantee.
Provision is sometimes made for reduction of the number of guar
anteed hours during weeks in which operations are curtailed because
o f conditions beyond the control of the employer. Another qualifica
tion in several agreements makes the guarantee inapplicable if the
employee is laid off in the early part of the workweek (usually the
first or second day) and not recalled later in the week.
27. W eekly Rated Employees Paid for Full W eek ; Hourly Rated Employees
Guaranteed 40hours
Weekly rated employees shall be paid for a full week; hourly rated employees
shall be guaranteed forty (40) hours’ pay. All steady employees shall he guar
anteed eight (8) hours, forty (40) hours a week.
28. Guaranteed Workweek of 48 Hours Includes 8 Hours at Premium Rate
The minimum weekly wage for a 48-hour week shall be $66.30 per week. Said
minimum weekly wage is computed on the basis of $1,275 per hour for the first
40 hours of time worked in any one week, and $1.9125 ($1.91%) per hour for the
following 8 hours worked in any one week. Each employer guarantees a 48-hour
minimum week to his chauffeurs. All work in excess of 48 hours in any one
week shall be paid at the rate of $2.07 per hour.
The 48-hour guaranteed week shall not include Saturday work. AU Saturday
work shall be paid on the basis of $2.07 per hour, except during a week in which
a holiday falls and, in such week, the rate of $2.07 per hour for Saturday work
shall commence after 40 hours during such week, and such rate shall not be paid
if the work worked on such Saturday is within the 40 hours.
29. Public Transportation Agreement: Guaranteed Workweek o f 36 Hours to
Extra Men; Guarantee Reduced in Proportion to Failure To Report for
Assignment
Extra men who answer all roll calls, or assignments, shall be guaranteed 36
hours’ pay per pay-roll week at the prevailing rates.
If a man fails to answer a roll call on any one day or days, the guaranteed
amount shall be reduced only in the proportion that the roll calls which he fails
to answer shall bear to the total number of roll calls during the week.
GUARANTEED EMPLOYMENT AND WAGE PLANS
27
30. Guaranteed Workweek o f 86 Hours for Female Employees and 40 Hours for
Male Employees
The company guarantees a minimum of 36 hours per week for all female em
ployees and a minimum of 40 hours per week for all male employees during
normal operation o f the plant. This guarantee shall not apply to any employee
laid off before the commencement of the second workday of the week. I f how
ever, any employees having been laid off shall be recalled to work in their regular
order, said guarantee shall apply. This provision is subject to reopening on 60days’ written notice.
31. Guarantee o f 86 Hours Per Week.
Beyond Control of Employer
Reduction to 32 Hours in Emergencies
All regularly employed employees shall receive a guaranteed time of thirtysix (36) hours per week, except that in case work is not available the employer
shall have the right to reduce the working force, and when the lay-off takes
place not later than the fourth day o f a workweek, the guaranteed time is not
effective for those being laid o ff; provided further, that for holiday weeks time
paid for as holiday pay shall be considered as time worked so far as this guarantee
is concerned, and that in weeks during which operations may be prevented by
weather conditions or similar emergencies beyond the control of the employer,
the guaranteed time shall be thirty-two (32) hours. No week shall be considered
an emergency week until and unless the employer shall submit to the union or
its authorized representative evidence establishing to a reasonable certainty that
any reduction or suspension o f operations was in fact due to such causes.
32. Minimum Weekly Guarantee I f Employee Works Beyond First Day of W eek.
Reduction of Guarantee Negotiated Jointly in Emergency Conditions
There shall be established a thirty-six (36) hour minimum guarantee work
week for all employees included in this agreement who work beyond the first
working day of any such week. This clause shall apply to regular employees. If
other emergency condition (including shortage of raw materials or supplies)
arises, the amount of the guaranteed time to be waived for such week shall be
decided by the company and the union grievance committee on a basis fair to all
parties, as to any department affected thereby. This guarantee shall not apply
to any employee who is absent during such week, but an employee who is excused
from work for personal reasons shall have his guaranteed time reduced by the
number of hours which he has been so excused.
(a) There shall be established equal distribution o f working hours available in
each department as far as possible.
(b) An employee who is tardy or is excused from work for part of a day for
all personal reasons shall have his 36-hour guarantee reduced by the number of
hours of work which he missed by such absence. Employees absent for personal
reasons must notify department supervisor by telephone in order to be excused.
(c) The application o f the 36-hour guarantee shall be the same in holiday weeks
as in all others.
In the event conditions in any department warrant the transferring, o f em
ployees in order to obtain their guaranteed time of 36 hours, the company shall
have the right to transfer such employees, and should an employee refuse such
transfer, he shall lose such guaranteed time for the current week as was offered
him in the department to which transfer was proposed.
(a) Employees who shall be required to work in departments other than their
own, while the whole of the department is not so required, during a week in which
guarantee is paid shall receive the 36-hour guarantee in their own department
plus the hours worked in the department where the extra work is performed.
28
COLLECTIVE BARGAINING PROVISIONS
33. Minimum Weekly Guarantee Inapplicable if Employee Laid Off Before Third
Day of Workweek. Guarantee Applicable if Employee Recalled A fter LayOff During Same W eek
The company agrees to guarantee a minimum of thirty-six (36) hours per week
for all regular employees, provided, however, that in order to receive guaranteed
time it is necessary that employee work full gang or department time.
It is agreed that the company shall have the right to lay off any employee up
to and including the close of the second workday of any workweek and in that
event the guarantee of thirty-six (36) hours shall not be applicable and the
employee will be paid only for hours actually worked. Employees recalled to
work after a lay-off during the same workweek (not replacement) in their respec
tive departments, will be guaranteed the thirty-six (36) hours for that workweek.
The thirty-six (36) hour guarantee will not be in effect in any workweek that
the manufacturing and processing in any of the plants is closed down; however,
in such weeks that the manufacturing and processing is closed down in any of the
plants, and if any employee is retained beyond the second workday o f any such
workweek for purposes other than manufacturing and processing, then such em
ployee shall be entitled to the thirty-six (36) hour guarantee for such workweek.
Employees who are called to work will be provided with a minimum o f four (4)
hours of work or pay in lieu thereof.
An employee who is tardy or absent or excused from work for personal reasons,
shall have the thirty-six (36) hour guarantee reduced by the number of hours of
work which the employee missed by such tardiness or absence. Any employee
employed after the first day of the pay-roll week (not replacement) shall be
guaranteed that portion of the thirty-six (36) hours which the gang or depart
ment has not yet worked in that particular workweek.
The thirty-six (36) hour guarantee shall not be applicable to casual employees.
For the purpose of the thirty-six (36) hour guarantee, change-of-clothes time
and tool-sharpening time as hereinabove provided shall be considered as working
time and a part of the guarantee time.
34. Minimum Workweek: Pro Rata Guarantee to Workers Employed A fter First
of Workweek
The company shall guarantee a minimum workweek of thirty-six (36) hours
per week for all regular employees included in this agreement who work upon
the first working day of the week, and are available for work during the balance
of the week, except the two cattle drivers who shall be guaranteed a minimum
workweek of forty (40) hours. An employee who is employed after the first of
the pay-roll week shall be guaranteed that fraction o f 36 hours which the number
of days remaining of the pay roll is of 6, except in the instance o f the two cattle
drivers who shall be guaranteed that fraction of 40 hours which the number of
days remaining o f the pay roll is of 6.
35. Guaranteed W eekly Wage Plan May Be Instituted by Employer With Consent
of Employees Affected. Entire Plant To Operate on Guaranteed Plan if 70
Percent of Employees Elect To Do So. Weekly Payment of Time and OneHalf for Overtime Hours in Excess of 10 Per Day or 48 Per Week. Annual
Payment of Time and One-Half for Hours in Excess of Average of 45 Hours
Per Week
A guaranteed-weekly-wage basis o f pay may be instituted by the employer with
a consent of the employees affected thereby, according to the follow ing:
(a) Employees who are placed on the guaranteed-weekly-wage basis shall be
paid a full week’s wages each week they are so employed, provided they are avail
able for work.
GUARANTEED EMPLOYMENT AND WAGE PLANS
29
(b) An employee on the guaranteed-weekly-wage basis shall be paid each week
45 times the hourly rate o f wage for his or her classification of work, regardless
of the number o f hours actually worked during the week; provided said employee
is available for work throughout the week and the plant is being operated on a
normal basis. Guaranteed-weekly-wage employees who are employed only part
time through no fault of the employer or because of interference with the busi
ness, break-down of machinery (exclusive of lay-offs due to normal lack of w ork),
shall be paid on the basis of actual hours worked at the rate of one-forty-fifth o f
the weekly wage for each hour worked during the week. Any week so computed
shall not be considered in determining the bonus.
(c) On the basis of the foregoing, all employees on the guaranteed-weeklywage basis shall receive a cash bonus of one and one-half times the regular hourly
rate of wage for all hours worked in excess of an average forty-five (45) hours
each week.
(d) All employees working in excess of forty-eight (48) hours in any one week
or ten (10) hours in any one day shall receive time and one-half for all the
hours above forty-eight (48) worked in any one week or ten (10) hours in any
one day and shall receive cash payment the pay day of the week the overtime
was worked.
(e) In the event a guaranteed-weekly-wage employee is discharged for drunk
enness, dishonesty, or wilful neglect of assigned duties, such employee shall for
feit any and all accrued bonuses. A guaranteed-weekly-wage employee who vol
untarily terminates his employment with the employer for good cause shall be
paid the regular straight-time hourly rate of wage for all hours worked in excess
of the average of forty-five (45) hours per week in lieu of accrued bonuses.
( f ) In the event an employee who is receiving more than the regular hourly
rate of pay specified in this contract is placed on the guaranteed-weekly-wage
basis, such employee’s guaranteed weekly wage shall be figured on the basis
of his present hourly rate o f wage.
(g) No employee employed on the basis o f weekly wages shall be put on an
hourly basis of pay in order to defeat the purpose of this contract. Employees
placed on the guaranteed-weekly-wage basis shall not be transferred to the hourly
basis except at the expiration of a bonus period.
(h) Bonus periods shall end on January 1 o f each year and earned bonuses
shall be paid within 2 weeks of the expiration o f each bonus period.
(i) When seventy (70) percent of the total number o f employees in any one
plant make their choice of working on the weekly wage basis, then such plant
shall operate on a weekly wage basis.
(j) The average number of employees on the pay roll the previous 12 months
shall be used in determining the total number o f employees.
(k) Part-time or casual employee shall work on an hourly basis.
Eligibility Requirements
Some guarantee plans cover all “ regular” or “ permanent” employees.
Others lim it the guarantee to a fixed total number of employees des
ignated as the “ basic crew” or restrict coverage to a few designated
classifications, or even to one classification. I f the guarantee applies
to a small number o f key employees, the plan is merely a contractual
arrangement for employees who, in any case, would be fairly regularly
employed.
Although a few agreements, particularly in retail-trade establish
ments, include part-time employees in the guarantee plan, such em
30
COLLECTIVE BARGAINING PROVISIONS
ployees are usually excluded, as are also casual and seasonal employees.
Guaranteed employment is often limited to employees who have a
specified minimum length of service, frequently 1 year, but sometimes
as much as 10 years. Under some plans, the number of weeks guaran
teed per year is graduated according to seniority.
A few plans specify that employees who are ineligible for guaran
teed annual employment, because of lack of seniority or other reasons,
are to be guaranteed a minimum number of hours for each week
during which they are called to work.
36. All Workers Guaranteed Annual Employment
All workers shall be guaranteed 52 weeks’ work during the life of this
agreement.
37. All Employees on Annual Basis Unless Specifically Excepted by Written
Notice From Company to Union
E a c h --------- employee of the company, unless specifically excepted by notice
in writing by the company to the union, will be employed on an annual basis and
shall receive the regular weekly rate of pay provided for him in a work schedule
established for his department as it may be amended from time to time in
pursuance to the procedures established in this agreement.
38. W eekly Guarantee to Regular Employees with Seniority
Guaranteed workweeks apply only to regular employees who have established
seniority.
39. Regular Full-Time Employees Eligible fo r Guaranteed Annual Employment
The company agrees to guarantee employment of not less than 40 hours per
week for 52 weeks of each year to employees covered by this agreement, who
are ready and available and able to work, and who are regular full-time employees
of the company * * *.
40. Fifty-W eek guarantee for All Employees Employed at Time o f Signing
Agreement
The employer agrees to provide a minimum number of hours per week as
above mentioned in clause (b) for a period of fifty (50) weeks in the contract
year, at the weekly rate specified, for all employees employed at the signing
of this agreement. This provision shall at all times be effective except in the
event of impossibility to secure manufacturing materials, and fire, flood, or other
Act of God.
41. Regular Part-Time Employees Included in Employment Guarantee
Regular full-time workers shall be guaranteed 44 hours’ work weekly for 52
consecutive weeks per year.
Regular part-time workers shall be guaranteed employment for at least three
full days weekly or for at least 3 nights and a Saturday weekly for 52 consecutive
weeks per year.
The employer may employ extra workers for Saturdays only or for a period in
advance o f holidays only or for an emergency only. Such workers shall not be
GUARANTEED EMPLOYMENT AND WAGE PLANS
31
deemed to be permanent or regular workers but merely extras, and, at the
termination of the particular period for which they may be employed, they need
not be reemployed.
Note.— This agreement covers retail shoe stores.
42. Guaranteed, Workweek Not Applicable to Part-Time or Seasonal Employees
The company agrees that any employee, other than a part-time or seasonal
employee, who is scheduled to work on the first day of his workweek, will be
guaranteed pay at straight-time for 40 hours that week, provided he reports for
work and is in condition to work * * *.
43. Annual Guarantee fo r Basic Grew. Arbitration of Disputes Regarding Re
duction in Basic Crete. Employer Not Obligated To Replace Employees Who
Leave. Liquidation of Business Cancels Obligation To Maintain Basic Crew
The employer and the union agree that it has been the traditional policy of
the trade to maintain basic crews which assure its regular full-time employees
o f continuity of employment for fifty-two (52) weeks a year. The employer and
the union hereby recognize the principle of the basic crew. The principle, how
ever, was subject to change in the past where there was a discontinuance o f a
department, a liquidation, a change in the character of the business, a change
necessitating an efficient operation o f said business, or a financial loss which
worked a hardship to the employer, or the occurrence of any unforeseen event
which worked a hardship to the employer. For the purpose of continuing the
practices of the trade, the employers agree that the present number of their em
ployees as of the date of the execution o f this agreement shall constitute the
number o f basic crew. The number o f the basic crew shall be separated into
three (3) categories: (1) Office; (2) errand, shipping and sales; and (3) buyers
and managers.
Nothing herein contained shall prevent the employer in the future to seek a
reduction in the number of basic crew. Should any employer desire to reduce
the number of the basic crew, he shall make such request to the union in writing.
Should the union fail to grant such reduction within one (1) week after written
receipt thereof, the matter shall be submitted to arbitration in accordance with
the provisions of this agreement. The arbitrator shall take into consideration all
the factors that have been set forth herein in deciding reduction in basic crew.
The employer shall have no obligation to continue his basic crew if he liquidates
his business in accordance with paragraph “29” of this agreement. [Par. 29
gives employer right to liquidate business after giving 3 weeks’ prior notice to
union and discussing question of severance pay.]
The employer shall have no obligation to replace an employee on the basic
crew who leaves the employ o f the employer. Any employee replacing a person
on the basic crew shall not become part of the basic crew until twelve (12)
weeks have elapsed from the date of said employee’s replacement.
44. Guarantee Limited to Basic Crew of 500 Permanent Employees
The employer agrees to a guarantee of the equivalent of forty-five (45) weeks
or eighteen hundred (1,800) hours of employement, exclusive of overtime, for
each of the permanent employees, the number of which has been hereinbefore
established at 500, for the period of [date], to [date], and similarly for each
succeeding contract year. It is understood that the forty (40) hour vacation be
comes a part of the eighteen hundred (1,800) hours.
32
COLLECTIVE BARGAINING PROVISIONS
45. Guaranteed Annual Employment for All Regular
Union Employees in
Specified Division
The company agrees to guarantee forty (40) hours’ work per week, fifty (50)
weeks per year to all regular union employees in t h e --------------- Division to a
minimum of four (4) lines or a minimum of one-hundred and fifty (150) female
employees.
This guarantee will not be effective in the event of a strike by the members of
this union or any other union or a stoppage of work as a result of a labor dispute
or in the event of a major catastrophe at this plant which would cause operations
to cease.
N ote.— T his agreement requires all employees to join the union within 30 days
from the date of employment.
46. Guarantee Limited to Steady Employees in Designated Classification
Steady bartenders shall receive a guarantee of employment at not less than
minimum rate at least forty-eight (48) weeks out of the year.
47. Guarantee Applicable Only to Employees With at Least 1 Year's Service
Employee must have not less than one full year continuous service with the
company before January 1 of any calendar year before becoming eligible to the
annual guarantee.
48. Ten Years' Service Required
During the life of this agreement all employees with ten (10) years or more
seniority on [date], and on [date] of each succeeding year so long as this agree
ment continues, shall be guaranteed 50 weeks of work of 40 hours per week during
the following 12 months’ period.
49. Amount of Guaranteed Employment Graduated According to Employees'
Length of Service
Employees with from three (3) to seven (7) years of service shall be guaran
teed 26 full weeks’ employment per calendar year. Employees with from seven
(7) to ten (10) years of service shall be guaranteed 39 full weeks’ employment
j)er calendar year. Employees with from ten (10) years’ service or more shall
be guaranteed 52 full weeks’ employment per calendar year. The benefits con
tained above are not applicable if the employer is prevented from so doing by
virtue of any event or act beyond his control and also are not applicable to any
employee who is discharged by the employer, or leaves of his own account. In
considering weeks worked, absence from work shall not have any benefits accrue
or apply to the employee, where such absence is voluntary, and seniority shall
apply on this basis throughout the contract.
50. Union To Receive List of Employees Covered by Guarantee
A schedule shall be submitted to the union listing the names of employees
who are guaranteed work.
,
,
Effect o f Absences Holidays and Vacations on Guaranteed Time
Even if not specified, it usually may be implied that employees
covered by an employment guarantee must be willing and able to per
form work which is made available to them. Under some guarantee
plans, time lost because of the employee’s absence when work is avail
GUARANTEED EMPLOYMENT AND WAGE PLANS
33
able is deducted from the total hours guaranteed. In others, refusal to
report for work invalidates the guarantee for that particular week. In
a few cases, time lost because of sickness or accident is not deducted
from guaranteed time.
W hen employees are paid for holidays not worked, the holiday hours
are usually counted as part of the guaranteed time, and the same is
usually true o f paid vacation time. Other types of paid, unworked
time, such as daily call-in guarantees and clothes-changing periods,
may also be credited against guaranteed time.
51. W eekly Guarantee Reduced "by Tardiness and Absence for All Personal
Reasons
An employee who is tardy or is absent or excused from work for a part of a
day, for all personal reasons shall have his thirty-six (36) hour guarantee reduced
by the number o f hours of work he lost by such tardiness or absence.
52. Weekly Guarantee Under Annual Employment Plan Inapplicable if Employee
Absent One-half Day or M ore; Absences of Less Than One-half Day De
ducted from Guaranteed Time
Employer agrees and guarantees to pay for a minimum of 40 hours of pay per
week for each regular employee 52 weeks per year. This provision shall not be
effective in those cases where an employee is absent for one-half day or more or
has refused work in some other department during the workweek. Any absence
for less than one-half day shall be deducted from the total hours guaranteed.
This provision shall also not be effective in those cases where the plant or any
department is closed or operations terminate on account of a break-down, fire,
accident, strike, or any other causes beyond the control of employer and shall
likewise not be effective for the workweek in which a regular employee is called
back after one working day or more in that workweek has passed.
53. W eekly Guarantee Forfeited by Refusal To Report for Work
In order to receive the guaranteed pay check each week the employee must be
available for work for each day of the workweek (regular), Monday through
Friday, unless otherwise notified by his supervisor. I f an employee refuses to
report for work during the regular workweek, he shall invalidate his guarantee
of 40 straight-time hours for that week in which the voluntary absence occurs.
54. Weekly Guarantee Under Annual Employment Plan Reduced from 40 to 82
Hours During Weeks in Which a Holiday Occurs
The company agrees to operate its plant on not less than forty (40) hours of
work per week for fifty-two (52) weeks in a year, except weeks in which a holiday
occurs, in which week there shall be not less than thirty-two (32) hours of work,
and this guarantee of work is further subject to the inability of the company to
carry on operations due to causes beyond its control, such as, but not limited to,
fires, floods, power, or water failure, etc., which shall release the company from
the work guarantee for the period o f the company’s inability to perform.
55. Paid Holidays Counted As Part of Guaranteed W eekly Minimum
All the regularly employed employees shall receive a guaranteed time of 36
hours per w eek; providing the employee works all of the hours made available to
him in his department and is also willing to accept extra fill-in work around the
34
COLLECTIVE BARGAINING PROVISIONS
plant that is made available to him. Paid holidays shall be counted in determin
ing guaranteed time of 36 hours a week.
56. Guarantee Not Reduced by Holidays Except for Paid, UnworJced Holidays.
Daily Overtime Not Counted As Part of Guaranteed W eekly Hours
All regular employees shall be guaranteed a minimum of thirty-six (36) hours’
work, or pay in lieu of work, per week, provided they have reported for work on
Monday at the usual time, and had been available when needed from Monday to
Saturday inclusive. Daily overtime will not be counted to make up the thirty-six
(36) hour guarantee. The thirty-six (36) hours’ guarantee will be the same in
holiday weeks as all other except as provided for in section III-H .
Section III-H . The weekly guarantee of thirty-six (36) hours shall be reduced
by the number of hours of holiday pay for work not performed paid to each
employee.
5T. Thirty-Six-Hour Weekly Guarantee Reduced to 31 Hours Plus Holiday Pay
in Holiday Weeks
There shall continue a 36-hour minimum guaranteed workweek for all em
ployees included in this agreement employed beyond the first working day of
any such week, except in cases where a holiday occurs in such week, in which
event such minimum guarantee shall aggregate 31 hours, plus the holiday pay
defined in hours of work and overtime paragraph 4.
58. Holiday and Sunday Pay, Call Out, Recall and Clothes-Changing Time
Counted As Part o f Guaranteed Minimum
The parties understand and agree that the foregoing guarantee provisions
are based on pay and not on hours of work and that the company has fully com
plied with the provisions of this guarantee when an eligible employee has been
paid a sum of money equal to his regular rate of pay for thirty-six (36) hours,
including compensation paid to him in excess of his straight-time regular rate
of pay for hours of productive work by operation of paragraphs A (1 ), (2 ),
and (4 ), and C of section 1 (Holiday and Sunday pay) of article IV, sections 4
(Call out guarantee) and 5 (Recall guarantee) o f article IV, and of paragraph 1
(Clothes-changing time) of article VIII of this agreement, and including com
pensation paid by operation of section 2 (c) (1) (Pay for holidays not worked)
of this article.
59. Time Lost Because o f Sickness or Accident Not Deducted from Annual Wage
All members of the association employed at the beginning of this period are
hired on an annual basis and shall receive an annual salary payable in equal
weekly installments as set forth in section I of this agreement and any member
employed after January 1 shall be hired on a pro rata basis for the balance of
the contract year. A member shall not be paid for time not worked during any
absence for reasons o f his own except bona fide sickness or bone fide accident
which disabled him from working.
60. Guarantee of 48 Weeks’ Employment Includes 2 Weeks’ Paid Vacation
An employee who establishes three (3) years’ or more continuous employment
as hereinafter defined, shall be entitled to two (2) weeks’ vacation with eighty
(80) hours’ pay in advance; and, in addition thereto, the employer shall warrant
not less than forty-eight (48) weeks’ employment, including the aforementioned
two (2) weeks’ vacation with pay, during each year following the date o f this
agreement, so long as this agreement remains in full force and effect and this
provision remains without modification.
GUARANTEED EMPLOYMENT AND WAGE PLANS
35
61. Sick Leave and Vacation Deducted from 2,108 Hours’ Work Per Year Required
o f Salaried Employees
All regular full time employees receiving a monthly salary as specified in
section II hereof shall perform during the period [date], to and including [date],
2,108 hours of work, said hours to be allocated in the discretion of the [employer],
except that no employees shall be required to work in excess of fifty (50) hours
in any workweek, nor be required to perform services on more than six (6)
consecutive days in any workweek. The [employer] shall exercise its dis
cretion to allocate working hours reasonably and shall rotate Saturday work
equitably among qualified employees. At least forty (40) hours’ work a week
shall be furnished to all of said regular full-time employees unless weather
conditions or other causes beyond the [employer’s] control intervene. When
a regular full-time employee has completed 2,108 hours of work within the
contract period, no further work may be required of said employee.
When a regular full-time employee has worked in excess of 44 hours in any
workweek the excess hours shall be credited against the total number hours
required in section one hereof at one and one-half (1 % ) times, the excess
hours worked. In the event the [employer] or the employees desire to take the
time off it shall be at times mutually agreeable to the [employer] and the em
ployees. In the event the employee or the [employer] wishes to allow the time
to accumulate he shall be paid on this basis at the end o f the contract
year * * *. Actual sick leave granted under this paragraph shall be applied
to reduce the number of hours o f work required of each regular full-time
employee within the contract period.
The amount o f vacation hours shall be applied to reduce the total number of
hours of work required of each regular full-time employee within the contract
period.
Note.—This agreement covers cemetery employees.
Escape Provisions
Some guaranteed employment plans obligate the employer to fu l
fill the terms of the guarantee during-the term of the agreement, re
gardless of developments. Often, however, the employer is relieved of
his obligations and the commitment is terminated or modified under
certain conditions, while the whole agreement remains effective. The
conditions specified frequently include emergencies and major catas
trophes such as floods, storms, and other Acts of God, as well as fire,
explosion, strikes, and similar conditions beyond the employer’s con
trol.
Some broad escape clauses virtually invalidate the employment
guarantee. For example, the employer may reserve the right to ter
minate or m odify the plan at any time, or may stipulate that the plan
does not curtail the right to lay off employees for lack of work. Con
tinuation may be made contingent upon maintenance of sales of the
employer’s product at a specified level. Some agreements permit
arbitration o f the employer’s request for relief if it is denied by the
union; others make the union’s decision final. Some agreements allow
the employer to petition for relief if business conditions warrant.
36
COLLECTIVE BARGAINING PROVISIONS
Occasionally, dismissal wages are provided in lieu o f payment of the
guaranteed annual wage.
A few contracts lim it the total payments which the employer may
be required to make in any one year as a result of the employment
guarantee.
So far as individual employees are concerned, the employment
guarantee is terminated by discharge for cause, resignation, and, in
some instances, by strike participation.
62. Termination or Modification o f Guaranteed Employment Plan at Discretion
of Employer
The employer has established certain plans for the benefit of the employees,
such as guaranteed employment, pension and benefit, and profit sharing, because
the employer believes it to be sound business practice and desirable protection for
its employees. While it is the expressed hope of the employer that it will be able
to continue these plans, it is understood that nothing in this agreement is to be
construed to change or modify the various provisions of the plans in reference to
their withdrawal, termination, alteration, or amendment.
63. Annual Employment Guarantee Not To Invalidate Management Right To
Release Employees Because of Lack of Work or Other Legitimate Reasons
The company agrees to guarantee employment of not less than forty (40)
hours per week for fifty-two (52) weeks of each year to employees covered by
this agreement, who are ready and available and able to work, and who are
regular full-time employees of the company, provided nothing in this section shall
be construed to prevent the company from releasing employees because of* lack
of work or for other proper and legitimate reasons, as provided for in article I,
section 9 [Rights o f management, including “ The determination o f the number
o f men it will employ or retain in each classification, and the right to hire, sus
pend, discharge, discipline, promote, demote, or transfer, and to release employees
because o f lack of work or for other proper and legitimate reasons * * *” ].
64*. Annual Guarantee Contingent on Maintenance o f Sales at Specified Volume
The employer agrees to provide 1,920 hours of work to each employee working
for the company on [date], during the year beginning [date], and terminating
[date], provided that the volume of company sales of the products manufactured
by the employer are not less than eighty (80) percent of the average sales of the
year beginning [date], and ending [date], paid holidays and paid vacations to
be considered as hours actually worked. Failure for any reasons on the part of
any or all employees to report for work unless specifically instructed by the
employer not to report, shall be considered as hours worked for the purpose of
this guarantee.
65. Impartial Chairman May Relieve Company of Employment Guarantee Upon
Proof of Economic Hardship. Union May Later Apply for Reinstatement
of Guarantee
Anything contained in this agreement to the contrary notwithstanding, it is
agreed that upon a showing o f economic hardship for any cause whatsoever, ren
dering curtailment o f operations necessary for relief from economic hardship for
the employer, the employer shall be relieved o f the necessity to continue the em
ployment or the guarantee o f employment o f such workers as may be regarded
GUARANTEED EMPLOYMENT AND WAGE PLANS
37
“ excess workers,” and on application to the impartial chairman such relief shall
he afforded to the employer as is indicated by the proof, upon the understanding,
however, that at any time thereafter the union may apply for reinstatement on
the ground that the hardship had passed. Hearings shall be held by the impartial
chairman on 2 days’ notice, unless the parties agree on a shorter notice, and the
award o f the impartial chairman shall be final and conclusive on employer and
employees and must be rendered within 2 days after the hearing.
66. Annual Employment Guarantee Not Subject to Arbitration
Regular full-time workers shall be guaranteed 44 hours weekly fo r 52 consecu
tive weeks per year. This provision shall not be subject to arbitration.
67. Employer Not To Apply to State Mediation Board for Lay-Off Because of
Insufficiency of Business During Term of Agreement
The employers guarantee work to said members of the union for a minimum
o f not less than 5 days per week during 21 weeks o f the year from the date of the
signing of this agreement, 1 week for a minimum o f not less than 4 days, and the
employers further guarantee a minimum of not less than 3 days per week during
the remaining period of thirty (30) days of said year at a wage scale propor
tionate to the minimum weekly wage scale agreed to herein.
It is understood and agreed by and between the employers o f the union herein
that no employer will apply to the New York State Board o f Mediation for a lay
off because of insufficiency of business during the term of this contract.
N ote.— The New York State Board o f Mediation is the arbitration agency under
the contract.
68. Employer’s Liability Under Guaranteed Annual Wage Plan Not To Exceed
Specified Amount
All male employees, who have a service record o f 1 year or more shall, during
their continuance on the pay roll, receive a minimum pay on a weekly basis of not
less than twenty-five dollars ($25) per week throughout the period o f this agree
ment, and also all female employees, who have a service record of 1 year or more
shall, during their continuance on the pay roll, receive a minimum pay on a
weekly basis of not less than twenty dollars ($20) per week throughout the
period of this agreement; provided, however, that in the application of the
annual minimum the cost to the employer shall not exceed twelve thousand
dollars ($12,000) per year. This twelve thousand dollars ($12,000) shall be
applied during the period when the workers ordinarily earn less than twentyfive dollars ($25) and twenty dollars ($20) per week respectively. On such
occasions, the employer shall add to the workers’ actual weekly earnings the
difference between the amount earned and the weekly minimum as hereinabove
set forth. The above method shall be continued until the entire $12,000 has
been exhausted. Be it further understood that any employees who fail to report
for work when notified to do so, shall have deducted from their weekly minimum,
an amount equivalent to the amount earned by the workers in their department.
Such deductions shall be applied only during slack periods when application for
the weekly minimum is made.
69. Annual Wage Guarantee May Be Canceled for Any of Nine Specified Causes
This annual wage guarantee may be rescinded in the event of (1) fires; (2)
floods; (3) wars; (4) riots; (5) revolutions; (6) general strikes; (7) garnish
ments; (8) wage assignments, or (9) other legal processes.
38
COLLECTIVE BARGAINING PROVISIONS
70. Guarantee Subject to Revocation Because of Slack Business, Fire, Flood,
Epidemic, Weather Conditions, Actf o / God, or Other Conditions Beyond Con
trol of Company
During the period of this agreement the company guarantees 40 hours of work
and pay per week to all regular employees within the bargaining unit covered
by this agreement and eligible for membership in the union, said 40 hours to
be performed within a period not exceeding five (5) days; except in cases
where a holiday occurs in a workweek in which event the company guarantees
an aggregate of 32 hours during such week, said 32 hours to be performed within
a period not exceeding 4 days. Work on emergency jobs not attached to a regular
shift is not included within these guaranteed hours.
Anything to the contrary in this section notwithstanding, however, there
shall be no guaranteed hours of work and pay where in the judgment of the
company it is not practical to operate the stockyards because of fire, flood,
epidemic, weather conditions, Act of God, or other conditions beyond the com
pany’s control; nor when in the company’s judgment it is necessary because o f
slack business or inability of the company to find employment for all regular
men. Should this latter occur in the operation department, the company will
reduce the required number of regular men to the capacity of extras as may be
necessary to meet the existing conditions and provided that when the regular
men are reduced to the capacity of extras, the extra board shall be reduced by
a corresponding number according to seniority and vacancies on the extra
board (not to exceed 20) ; employees that voluntarily lay off, are sick or do not
report for work for any other reason beyond the control of the company, shall
have his guaranteed workweek reduced by the number of hours lost, provided
this is not used to avoid any of the provisions of article VI, section 7. [This
section permits employees to make-up time lost by absence during their regular
working hours.] It is recognized that the extra board consisted of not more
than ten (10) men on July 16, 1948, and the company agrees that in originally
bringing the number of this extra board up in excess of ten (10) (not to
exceed 20) the company will do so through the addition of new employees; and
it is further agreed that in the event lay-offs in the future should reduce the
number of employees in the bargaining unit covered by this contract to as low
as 200, then in that event the extra board shall be reduced to not more than
ten (10) men.
Nothing in this section shall in any manner limit or modify the provisions
with respect to the authority of management provided in sections 1 and 2 of
article III (Management of business and direction of working forces; and estab
lishment of rules and regulations), and in case of conflict between this section
and the provisions of sections 1 and 2 of article III, the latter shall control.
71. Prolonged Shut-Down Because of Act of God, Fire, Explosion, or Govern
mental Regulations Cancels Guarantee
It is understood that this guarantee of regular work does not apply in the
event a prolonged shut-down is caused by an Act of God, lightning, fire, explo
sion or governmental regulation.
72. Company Liability Under Guaranteed Annual Wage Plan Not To Continue
More Than 2 Weeks A fter Disaster
In the event of fire, flood, tornado or explosion which would make it impossible
to operate the plant, the company will not be liable for payments under the
annual wage plan for any time in excess of two full weeks’ pay of 40 hours each
at his base rate of pay, beyond the date on which the disaster occurs. In addi
GUARANTEED EMPLOYMENT AND WAGE PLANS
39
tion, the employee would receive any credits that may have accrued to him in
the bank account prior to the date of the disaster.
73. Guarantee Forfeited by Failure To Accept Available Work,* Voluntary Quit,
or Discharge; Strike Participants Forfeit Guarantee for the Current Year
The corporation guarantees to every employee, who has completed 5 years’
continuous service in the employ of the corporation on [date], a minimum
employment of 2,080 hours for each yearly period beginning [date] and continuing
each year thereafter during the life of this contract. All hours worked by
said employee, both straight time and overtime, shall be credited against the
2,080 hours. If the corporation does not provide work for any part of the 2,080
hours the employee shall be paid for the unworked hours at his straight-time
hourly rate.
An employee failing to accept other work assigned by the corporation when
his own job is not working, or discontiued because of production requirements,
Shall not be entitled to the guarantee herein provided. An employee who
voluntarily leaves the employ of the corporation, or who is discharged for
cause, shall not be entitled to the guarantee. In the event of an employee’s
failure to take advantage of available work hours such hours shall be deducted
from the guarantee of 2,080 hours. In the event of a strike the corporation shall
be relieved of its guarantee for the current 1 year period as to the employees
striking.
74. Joint Determination of Waiver of Guaranteed Time in Event of Emergency
If emergency conditions arise, the amount of guaranteed time to be waived
shall be decided by the company and the union grievance committee on a basis
fair to all parties as to any department affected thereby.
N o t e .—
This agreement provides for a weekly guarantee.
TRANSFER TO OTHER WORK
Another safeguard designed to prevent undue burden upon the em
ployer is the right to transfer employees in the event no work is
available in their regular jobs. Such right of transfer, however, is
usually governed by the contractural seniority rules. Many of the
guarantee plans require employees to accept temporary transfer to
other jobs if insufficient work is available on their regular jobs to
provide the minimum guaranteed time. Guaranteed time may be
reduced by any hours lost owing to the employee’s refusal to accept
available w ork; the guarantee may be canceled entirely for any week
in which the employee refuses to accept a transfer. Provisions of this
nature are sometimes qualified by safeguards against loss of earnings
caused by such transfers. I f the employee is transferred to a lower
rated job than he normally fills, he may continue to receive the rate of
pay for his former job, either indefinitely or for a designated period.
75. Time Lost By Employee's Refusal To Accept Transfer Deducted From Guar
anteed Weekly Hours
I f the company finds it necessary to transfer employees from one department
to another in order to provide guaranteed time of thirty-six (36) hours, then
any employee refusing such a transfer shall have his guaranteed time reduced
by the number of hours lost by such refusal.
40
COLLECTIVE BARGAINING PROVISIONS
76. Minimum W eekly Guarantee Forfeited by Refusal To Accept Transfer to
Available Work
In the event conditions in any department warrant the transferring o f em
ployees in order to obtain their guaranteed time o f thirty-six (36) hours, should
any employee refuse such transfer he or she shall lose the right to such guaran
teed time for the current week.
77. Employee Not To Suffer Reduction in Pay if Shifted to Other Work
Each employee of the company with ten (10) years or more o f continuous
service shall be guaranteed pay for at least fifty (50) forty- (40) hours weeks
within the year covered by this agreement, unless laid off for discipline or
discharged for cause, provided he accepts at his regular rate any work available
should his regular job cease. This guarantee shall not apply in case of a com
plete cessation of productive factory operations at any time other than Saturdays,
Sundays, holidays, and vacations. Any man retained on the pay roll through
the operation of the 50 weeks of pay guarantee may be used on any work so long
as there is no reduction in pay.
78. Wage Differential To B e Paid for 6 Months A fter Transfer. Limitation on
Amount of Differential.
It is further agreed that should a decrease in work, due to changing conditions
in any plant or department, require a reduction in personnel, employees not
under the guaranteed work plan will be laid off first. Should further reductions
be necessary, it is agreed that employees with the least seniority under the
guaranteed work plan may be transferred to other departments or plants where
their services are required at existing rates for the job to which they are transfered. It is further ageed that should such transfers become necessary, such
employees will be paid a relocation wage differential equivalent to the difference
between their former rate and their new rate for a period of six (6) months
following their transfer. In no case shall the wage differential payment exceed
thirty (30) percent o f the employee’s average monthly wage during the last
twelve (12) months in his regular employment.
Employment Stabilization Programs Without Specific Guarantee
o f Employment
Employers are often reluctant to commit themselves to a definite
guarantee of work for their employees but sometimes pledge in gen
eral terms to make every effort to stabilize employment. Some con
tracts further require the employer to study the problem of guar
anteed employment and to report the results to the union. Other
agreements require joint labor-management conferences to work out
methods of eliminating or alleviating irregular employment. In a
few cases, the union reserves the right to reopen negotiations for an
employment guarantee, if the employer makes a practice of repeatedly
laying off and recalling employees. (F or additional clauses, see Bulle
tin 908-10, Union-Management Cooperation, Plant Efficiency, and
Technological Change, p. 21.)
79. Five-Year Employees Transferred from Hourly to W eekly Pay Roll on Salary
Plan
The company and the union mutually agree that a stabilized working force
is an important factor in the continued success of an enterprise and its employees.
GUARANTEED EMPLOYMENT AND WAGE PLANS
41
To this end the company will place certain of its present hourly workers on the
weekly pay roll. It is also mutually agreed that should this plan prove unsatis
factory to the union or the company it may be withdrawn at the end of the con
tract year by either party. The salary plan is as follow s:
(a ) Employees covered by this agreement who have completed five (5 ) years
of consecutive service with the company shall be transferred from the hourly pay
roll to the weekly pay roll and shall be paid in accordance with the schedule in
the attached appendix.
(b) The annual base salary for each classification shall be determined by
multiplying the hourly rate for the classification by two thousand eighty (2,080)
hours (forty (40) hours per week times fifty-two (52) weeks). One fifty-second
(1/52) of this total will be paid each eligible employee each pay period.
(c) Employees in this group will also receive overtime payments and any
additional pay for work performed in higher classifications than their regular
rates each pay period.
(d) Employees on a salary basis are entitled sick leave (not to include the first
day of each illness) and holidays without deductions from their base pay. In
case of permanent or semipermanent illness or when continuous sick leave of
more than ninety (90) days is involved, the company will review and make
such adjustment in each individual case as is in conformity with its general
policies covering sick leave for those of its employees on permanent monthly
pay roll.
(e) Salaried employees covered by this agreement will be given two (2) weeks’
notice before lay-off and there will be no lay-off from the salaried group until all
hourly wage earners covered by this agreement have been previously terminated.
(f ) Employees absent from work due to illness must present satisfactory
evidence from a qualified physician concerning the illness. This physician may
be the employee’s own doctor or the company’s medical department. It shall
be the mutual responsibility of the company and the union to see that such
evidence is forthcoming.
(g ) Inasmuch as the success of this undertaking is dependent upon the integ
rity of the individual employee, it is mutually agreed between the company and
the union that unexcused absences in this group will not be tolerated. There
shall be a deduction from the base salary for all unauthorized absences. The
amount o f deduction shall be the hourly rate of pay times the number of hours of
absence. Continued unauthorized absences by any employee on the weekly pay
roll may result in discharge.
(h ) Should it become necessary for the company to operate any o f the depart
ments covered by this contract at less than forty (40) hours per week for a pro
tracted period, it is mutually understood that the union and the company will
meet and revise the salary plan in keeping with conditions at that time.
80. Company Pledges To Try To Stabilize Employment
The corporation will continue to exert its best efforts in an endeavor to stabilize
employment.
81. Company To Attempt To Provide 52 Weeks’ Work Per Y ear; Company amd
Union Each To Undertake Study of Problem
The company recognizes the desirability o f stabilizing employment on an annual
basis and to that end will, to the extent practicable, attempt to give employees
fifty-two (52) weeks’ work per year, including the vacation period. It is under
stood and agreed by the company and the union that the foregoing sentence con863587— 50-------4
42
COLLECTIVE BARGAINING PROVISIONS
stitutes a statement of policy only and is not intended to and does not impose
any contractual obligation whatsoever upon the company.
It is agreed that the company and the union will each undertake a study of
this problem. The company further agrees to furnish the union with its conclu
sions based upon its study and the facts and figures upon which such conclusions
are based, unless such information should be considered by the company to be
confidential.
82. Company To Study Problem of Stabilizing Employment and Report Results
to Union
The company will continue to study the problem of stabilized employment and
will report the results of their studies to the union.
83. Company and Union To Confer Periodically for Purpose of Stabilizing
Employment
The company and the union agree that every possible effort will be made to
level employment so that the greatest amount of work throughout the year will
go to the employees and that conferences shall be held from time to time between
the company and the union to bring about such continuous employment.
84. Guaranteed-Employment Provision To Be Inserted in Contract if Company
Repeatedly Lays Off and Recalls Employees
The company agrees that in the event that they either lay off any group of
employees under the bargaining unit repeatedly except after a full workweek,
or continually recall employees after lay-off and again lay them off within a period
of a few days, the contract shall be reopened and a clause inserted guaranteeing
a forty (40) hour workweek to all employees within the bargaining unit for the
duration of this contract.
85. Annual Wage To Be Negotiated in Event a National Annual Wage Is
Established
Should a national annual wage be established within the life of agreement, the
company and the union will negotiate an annual wage agreement.
86. Association Agreement: Individual Employers May Negotiate Guarantee With
Union, Provided Minimum Straight-Time Wages Paid
The union may enter into agreement for a guaranteed yearly wage or a guaran
teed yearly work period with any individual members of the association who
themselves choose to enter into such an agreement. Nothing in this contract shall
be construed to prohibit the union or any association member from entering into
such an agreement; provided that the minimum straight-time wages specified in
any such agreement must conform to the minimum straight-time wages specified
in this contract.
Index
GUARANTEED EMPLOYMENT AND WAGE PLANS
Clause
Annual guarantees:
(1) Guaranteed annual wage; maximum of 2,000 hours to be worked.
(2) Annual wage payable in equal weekly installments. Pro rata
payments to employees hired after beginning of year________
(3) Annual wage plan incorporating requirements of section 7 (B)
(2) of Fair Labor Standards A ct____________________________
(4) Fifty-two weeks’ notice prior to lay-off if employed on annual
basis. In operating departments, time and one-half paid for
weekly hours over 53, or over 48 if more than 10 hours worked
in 1 day. Employee to do any work assigned but is to receive
his regular rate for 52 weeks if assigned to lower-rated jo b __
(5) Annual wage based on section 7 (b) of Fair Labor Standards Act.
Weekly payment includes 6 hours’ pay at overtime rate. Com
pensation at annual expiration date of contract for additional
overtime hours accumulated during year. No “ dockage” for
sick leave, vacation, or other authorized leave_______________
(6) Guarantee of 2,080 hours per year for 2 years to special class of
employees---------------------------------------------------------------------------(7) Guarantee of 40 hours’ pay for each week during life of agree
ment. Payment based on employee’s straight-time average
hourly rate of earnings for previous year____________________
(8) Plant to operate 50 full weeks per year________________________
(9) Guarantee of 40 hours each week for 52 weeks to employees with
1 year’s seniority. Employee’s account in trust fund credited
with overtime compensation and debited with advances made
by company in short weeks. Upon clearing ot account at 13week intervals, employee paid amount of credit balance but
is not liable in event of debit balance. Guaranteed minimum
workweek of 36 hours for employees ineligible for guaranteed
annual wage________________________________________________
(10) Company advances in weeks when less than 40 hours worked
repaid in weeks when overtime worked. Advances canceled
by employee’s death or termination of employment__________
(11) Annual guarantee of 1,704 hours per year. Company advances
in weeks when less than 30 hours worked repaid in weeks when
more than 30 hours worked. Advances become immediately
payable upon termination of employment___________________
(12) Twelve hundred hours’ work per year for employees with 5 years’
service_____________________________________________________
(13) Minimum of 50 full weeks per year____________ _______________
(14) Guaranteed workweek of 60 hours for 3 months, 54 hours for 2
months, and 45 hours for remaining 7 months_______________
(15) Minimum weekly guarantee of 55 hours for 9 months and 44
hours for 3 months. Pay at regular rate for hours in excess
of weekly minimum_________________________________________
43
Page
5
5
5
6
6
7
8
8
8
11
12
12
12
12
12
44
INDEX
Clause
Page
Annual guarantees— Continued
(16) Specified classifications guaranteed 48 hours each week for dura
tion of agreement; other employees guaranteed 40 hours.
Guarantee in consideration of wage reduction_______________
(17) Forty-hour weeks' pay for each 15 days' unemployment. Maxi
mum of three such payments in any calendar year___________
(18) Minimum number of weeks per year guaranteed. Seasonal
variation in number of hours and days worked per week.
Minimum weekly guarantee applicable to seasonal employees
for period of employment----------------------------------------------(19) Guarantee of 70 percent of normal working time in year. Time
lost because of conditions beyond control of company or
employee's failure to perform available work deducted from
normal working time-----------------------------------------------------------(20) Guarantee of 230 days' work during year______________________
(21) Full employment guaranteed for 10 months of year. Work
sharing during remaining 2 months and reduction in guaranteed
period of employment subject to arbitration_________________
(22) Guaranteed minimum number of months per year for marine
engineers. Reduction in minimum if navigation season less
than 7 months. Cancellation of guarantee in event of marine
disaster, condemnation, or sale of vessel_____________________
(23) Designers and foremen to be employed for terms of 6 months
and 1 year, respectively-------------------------------------------------------(24) Employer to set aside specified proportion of wholesale value of
product as labor's share. Employees to receive basic amount
weekly and monthly adjustment after providing for reserve
fund. Designated number of employees exempt from lay-off.
Other employees with specified qualifications may participate
in plan but are subject to lay-off------------------------------------------(25) Employer to pay sum equal to 10 percent of straight-time wages
into guaranteed annual wage reserve. Employer's liability
limited to amount in reserve fund. Unexpended amounts in
reserve fund reverts to employer at end of work year. Plan
continued as long as company and union maintain contractual
relations____________________________________________________
(26) Association agreement: unemployment benefits paid to union
members from “ fair income fund" administered by union and
financed by employer contribution equal to 3)4 percent of
p a y roll--------------------------------------------------------------Guarantee of weekly hours or wages:
(27) Weekly rated employees paid for full week; hourly rated em
ployees guaranteed 40 hours________________________________
(28) Guaranteed workweek of 48 hours includes 8 hours at premium
rate------------(29) Public transportation agreement: guaranteed workweek of 36
hours to extra men; guarantee reduced in proportion to
failure to report for assignment_____________________________
(30) Guaranteed workweek of 36 hours for female employees and
40 hours for male employees________________________________
(31) Guarantee of 36 hours per week. Reduction to 32 hours in
emergencies beyond control of employer______ ______________
13
13
13
14
14
15
15
16
16
21
24
26
26
26
27
27
INDEX
Clause
45
Page
Guarantee o f w eekly hours or wages— Continued
(32) Minimum weekly guarantee if employee works beyond first day
of week. Reduction of guarantee negotiated jointly in emer
gency conditions____________________________________________
(33) Minimum weekly guarantee inapplicable if employee laid off
before third day of workweek.
Guarantee applicable if
employee recalled after lay-off during same week____________
(34) Minimum workweek: Pro rata guarantee to workers employed
after first of workweek______________________________________
(35) Guaranteed weekly wage plan may be instituted by employer
with consent of employees affected. Entire plant to operate
on guaranteed plan if 70 percent of employees elect to do so.
Weekly payment of time and one-half for overtime hours in
excess of 10 per day or 48 per week. Annual payment of time
and one-half for hours in excess of average of 45 hours per weekEligibility requirements:
(36) All workers guaranteed annual employment_____ ______________
(37) All employees on annual basis unless specifically excepted by
written notice from company to union_______________________
(38) Weekly guarantee to regular employeeswith seniority__________
(39) Regular full-time employees eligible for guaranteed annual
employment________________________________________________
(40) Fifty-week guarantee for all employees employed at time of
signing agreement---------------------------------------------------------------(41) Regular part-time employees included in employment guarantee(42) Guaranteed workweek not applicable to part-time or seasonal
employees__________________________________________________
(43) Annual guarantee for basic crew. Arbitration of disputes re
garding reduction in basic crew. Employer not obligated to
replace employees who leave. Liquidation o f business cancels
obligation to maintain basic crew___________________________
(44) Guarantee limited to basic crew of 500 permanent employees__
(45) Guaranteed annual employment for all regular union employees
in specified division_________________________________________
(46) Guarantee limited to steady employees in designated classifica
tion________________________________________
(47) Guarantee applicable only to employees with at least 1 year’s
service____________________________________
(48) Ten years’ service required____________________________________
(49) Amount of guaranteed employment graduated according to
employees’ length of service_________________________________
(50) Union to receive list of employees covered by guarantee_______
Effect of absences, holidays, and vacations on guaranteed time:
(51) Weekly guarantee reduced by tardiness and absence for all per
sonal reasons_______________________________________________
(52) Weekly guarantee under annual employment plan inapplicable
if employee absent one-half day or more; absences of less than
one-half day deducted from guaranteed time________________
(53) Weekly guarantee forfeited by refusal to report for work_______
(54) Weekly guarantee under annual employment plan reduced from
40 to 32 hours during weeks in which a holiday occurs_______
(55) Paid holidays counted as part of guaranteed weekly minimum--
27
28
28
28
30
30
30
30
30
30
31
31
31
32
32
32
32
32
32
33
33
33
33
33
46
INDEX
Clause
Page
Effects o f absences, etc.— Continued
(56) Guarantee not reduced by holidays except for paid, unworked
holidays. Daily overtime not counted as part of guaranteed
weekly hours----------------------------------------------------------------------(57) Thirty-six hour weekly guarantee reduced to 31 hours plus
holiday pay in holiday weeks_______________________________
(58) Holiday and Sunday pay, call out, recall and clothes-changing
time counted as part of guaranteed minimum________________
(59) Time lost because of sickness or accident not deducted from
annual wage-----------------------------------------------------------------------(60) Guarantee of 48 weeks’ employment includes 2 weeks’ paid
vacation____________________________________________________
(61) Sick leave and vacation deducted from 2,108 hours’ work per
year required of salaried employees__________________
Escape provisions:
(62) Termination or modification of guaranteed employment plan at
discretion of employer---------------------------------------------------------(63) Annual employment guarantee not to invalidate management
right to release employees because of lack of work or other
legitimate reasons__________________________________________
(64) Annual guarantee contingent on maintenance of sales at specified
volume_____________________________________________________
(65) Impartial chairman may relieve company of employment guaran
tee upon proof of economic hardship. Union may later apply
for reinstatement of guarantee_____________________________
(66) Annual employment guarantee not subject to arbitration______
(67) Employer not to apply to State mediation board for lay-off
34
34
34
34
34
35
36
36
36
36
37
because of insufficiency of business during term of agreement-
(68) Employer’s liability under guaranteed annual wage plan not to
exceed specified amount------------------------------------------------------(69) Annual wage guarantee may be cancelled for any of nine specified
causes______________________________________________________
(70) Guarantee subject to revocation because of slack business, fire,
flood, epidemic, weather conditions, Act of God, or other con
ditions beyond control of company__________________________
(71) Prolonged shut-down because of Act of God, fire, explosion, or
governmental regulations cancels guarantee_________________
(72) Company liability under guaranteed annual wage plan not to
continue more than 2 weeks after disaster___________________
(73) Guarantee forfeited by failure to accept available work, volun
tary quit, or discharge; strike participants forfeit guarantee for
the current year____________________________________________
(74) Joint determination of waiver of guaranteed time in event of
emergency__________________________________________________
Transfer to other work:
(75) Time lost by employee’s refusal to accept transfer deducted
from guaranteed weekly hours______________________________
(76) Minimum weekly guarantee forfeited by refusal to accept trans
fer to available work________________________________________
(77) Employee not to suffer reduction in pay if shifted to other work.
(78) Wage differential to be paid for 6 months after transfer. Limita
tion on amount of differential_______________________________
37
37
38
38
38
39
39
39
40
40
40
47
IND EX
Clause
Page
Employment stabilization programs without specific guarantee of employ
ment:
(79) Five-year employees transferred from hourly to weekly pay roll
on salary plan______________________________________________
(80) Company pledges to try to stabilise employment_______________
(81) Company to attempt to provide 52 weeks’ work per year; com
pany and union each to undertake study of problem__________
(82) Company to study problem of stabilizing employment and report
results to union_____________________________________________
(83) Company and union to confer periodically for purpose of stabiliz
ing employment____________________________________________
(84) Guaranteed-employment provision to be inserted in contract if
company repeatedly lays off andrecalls employees___________
(85) Annual wage to be negotiated in event a national annual wage
is established_______________________________________________
(86) Association agreement: individual employers may negotiate
guarantee with union, provided minimum straight-time wages
paid________________________________________________________
U. S . GOVERNMENT PRINTING OPPICE. IftSO
40
41
41
42
42
42
42
42
@FedFRASER