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COLLECTIVE BARGAINING PROVISIONS
Leave o f A bsence;
M ilitary Service Leave
Bulletin N o. 908-6
UNITED STATES DEPARTMENT OF LABOR
L. B. Schwellenbach, Secretary
BUREAU OF LABOR ST A TISTIC S
Ewan Clague, Commissioner
U N IT E D S T A T E S G O V E R N M E N T P R IN T IN G O FF IC E , W A S H I N G T O N : 1948
For sale by the Superintendent o f Documents, U . S . Government Printing Office, Washington 25, D . C.
Price 25 cents
Letter o f Transmittal
U nited S tates D epartment of L abor,
B ureau of L abor Statistics ,
Washington D . 0., May 1 \ 1948,
The Secretary of L abor :
I have the honor to transmit herewith the sixth bulletin in the series on col
lective bargaining provisions. The bulletin consists of two chapters: (1) Leave
o f Absence, and (2) Military Service Leave, and is based on an examination of
collective bargaining agreements on file in the Bureau. Both chapters were
prepared by, and under the direction of Abraham Weiss, with the assistance of
members of the staff of the Bureau’s Division of Industrial Relations, Boris
Stern, Chief.
E w a n Claque , Commissioner,
Hon. L. B. Schwellenbach ,
Secretary of Labor,
n
Preface
A s early as 1902 the Bureau o f Labor Statistics, then the Bureau o f
Labor in the Departm ent o f the Interior, recognized the grow ing im
portance o f collective bargaining, and published verbatim the bitu
minous-coal m ining agreement o f 1902 between the Associations o f
Goal M ine Operators o f Pennsylvania, O hio, Indiana, and Illin ois and
the respective districts o f the U nited M ine W orkers o f Am erica.
Since 1912 the Bureau has made a system atic effort to collect agree
ments between labor and management in the leading industries and
has from tim e to tim e published some o f those agreements in fu ll or
in sum m ary form in the M onthly Labor Review.
T he first bulletin entirely devoted to collective bargaining agree
ments was published in 1925 under the title “ Trade Agreem ents in
1923 and 1924.”
Sim ilar annual bulletins were published in 1926,
1927, and 1928. These bulletins analyzed only outstanding agree
ments affecting certain industries and certain skilled crafts in which
collective bargaining has follow ed a more or less established pattern.
N o bulletins in this field were published by the Bureau between 1928
and 1942— a period during which collective bargaining first lost
ground in the depression and then made rapid strides follow ing
the enactment o f the N ational Labor Relations A c t in 1935. The
grow th in trade-union membership from few er than 4,000,000 work
ers in 1935 to more than 10,000,000 in 1942 not only resulted in a large
increase in the number o f collective agreements covering industries
hitherto not included under collective bargaining, but also extended
the scope and area o f bargaining in individual industries.
In recog
nition o f this development, the Bureau’s 1942 report on union agree
ments (B u lletin N o. 686) dealt with provisions and clauses on par
ticular labor-m anagem ent problem s rather than w ith the agree
ments o f each union or industry separately.
The substance and character o f collective bargaining agreements
change continuously, and many o f the clauses and provisions covered
in B ulletin N o. 686 underwent significant changes during the war
emergency, as a result not only o f the norm al processes o f collective
bargaining but o f the decisions o f the N ational W a r Labor B oard.
New problems meant new clauses and new provisions.
The Board
also gave added im petus to certain form s o f union security, and to
certain practices, now deeply imbedded in the entire field o f labormanagement relations.
m
IV
PREFACE
T he liquidation o f the B oard, and the renewal o f emphasis on free
collective bargaining after V J -d a y , led to a tremendous increase in
the demand fo r inform ation on specific current provisions in agree
m ents.
U rgent requests came from em ployers and unions, from the
U nited States Conciliation Service, and from m ediators and arbi
trators engaged in settling or preventing labor-m anagem ent disputes.
I t was largely in response to these requests that the Bureau o f Labor
Statistics undertook to revise and bring up to date the m aterial on
union agreements.
In this revision two significant departures have been m ad e: (1 )
Accum ulation o f data has made possible the use o f a larger sam ple
than was possible heretofore.
(2 ) T he inform ation w ill be presented
Contents
C h apter 1.— L eave of A bsence
Page
Introduction___________________________________________________________
Leave for general personal reasons______________________________________
Leave without pay: Clauses 1-15__________________________________
Leave with pay: Clauses 15-27____________________________________
Seniority and other rights: Clauses 28-35___________________________
Sick leave______________________________________________________________
Unpaid sick leave: Clauses 36-45__________________________________
Paid sick leave_____________________________________________________
Leave with full pay for a limited period________________________
Uniform plans: Clauses 46-53_____________________________
Graduated plans: Clauses 54-57_________________________
Leave with less than full pay for a limited period: Clauses 58-61 __
Full pay for a limited period and less than full pay for an addi
tional specified period: Clauses 62-66_______
Payments to supplement group insurance or workmen’s compen
sation benefits: Clauses 67-74_______________________________
Waiting periods: Clauses 75-77________________________________
Discipline for abuse of sick leave: Clauses 78-83_______________
Exceptions and limitations to sick pay: Clauses 84-87__________
Other paid sick-leaveclauses: Clauses 88-101___________________
Maternity leave__ _____________________________________________________
Leave with pay for limited period: Clauses 102-106_________________
Leave without pay_________________________________________________
Duration, commencement, and termination of leave: Clauses
107-124_____________________________________________________
Seniority and other rights during pregnancy and maternity leave:
Clauses 125-133_____________________________________________
Leave for union business: Clauses 134-147_____________________________
Requirements as to notice and approval________________________________
Notice requirements for formal, extended leave: Clauses 148-167____
Notice requirements for emergency absence or illness: Clauses 168-171
Penalties for disregarding conditions of leave: Clauses 172-178__________
Conditions governing return to work after leave: Clauses 179-185_______
1
2
2
4
7
8
8
10
12
12
13
14
16
18
21
22
22
23
25
26
27
27
30
32
35
35
38
39
41
C h a p t e r 2.— M il it a r y S e r v ic e L e a v e
Introduction___________________________________________________________
Definition of military service: Clauses 1-12_____________________________
Benefits to employees entering and in military service: Clauses 13-26___
Seniority of employees in military service: Clauses 27-44_______________
Employees entitled to reemployment rights: Clauses 45-55______
Requirements for reemployment: Clauses 56-71_________________________
Position to which veteran is reinstated: Clauses 72-86__________________
Effect of veterans’ reemployment on other employees: Clauses 87-93___
Benefits other than reemployment rights: Clauses 94-109_______________
Veteran’s status after reemployment: Clauses 110-119__________________
Disabled veterans: Clauses 120-132________
Veterans not previously employed: Clauses 133-136_____________________
Index__________________________________________________________________
V
43
45
47
49
54
57
61
65
67
70
72
75
77
Bulletin 7s[o. 908-6 o f the
United States Bureau o f Labor Statistics
Collective Bargaining Provisions
Chapter 1.— Leave of Absence1
Introduction
F rom tim e to tim e, workers find it necessary to leave their jobs
tem porarily because o f illness, pressing fam ily difficulties, union
business, school work, and other personal or civic reasons.
Leave
o f absence is generally perm itted under provisions in union agree
m ents, at the same tim e preserving such rights and benefits which
flow from continuous service w ith an em ployer, e. g ., accrued seniority
righ ts, vacation rights and length o f service bonus.
Provisions fo r
pay fo r a lim ited period for absence caused by illness or injury are
occurring more often in union agreements.
Seniority and reemployment protection to employees on leave varies
in agreements, depending on such factors as the reason fo r and length
o f the leave.
A n employee m ay continue to accumulate seniority
fo r only a given part o f his leave, fo r all o f it, or fo r none o f it.
On
the other hand, an employee who accepts other em ploym ent while on
leave m ay lose seniority or be considered as having quit. H ow ever,
in some cases, special seniority consideration is given to men w orking
only part-tim e (or those laid o ff) who take supplem entary em ploy
m ent.
In addition to seniority safeguards, some agreements preserve fo r
employees on leave continuous coverage under various benefit plans,
the righ t to reinstatement or renewal o f their rights upon return to
w ork, and other benefits.
There is considerable variation in the length o f leave allow ed,
depending generally on the reason fo r leave.
A n extension o f leave
is sometimes provided fo r. Lim itations m ay also be set on the number
o f employees who m ay be allowed leave at any given tim e.
In both
cases, the intent is to avoid im pairm ent to production.
Frequently, certain conditions must be m et by workers to obtain
leave. A specified amount o f advance notice is often required.
Leave *2
1 Other material bearing on leave of absence and sick leave plans is included in chapter
2, on Military Service and in Bureau of Labor Statistics Bulletin 908-2, Vacations, Holi
days, and Week-End Work.
1
2
COLLECTIVE BARGAINING PROVISIONS
grants m ay be le ft to management’s discretion or to join t unionmanagement approval.
Penalties are sometimes established fo r
workers violatin g contractual rules governing leaves, including loss
o f reem ploym ent rights on failure to return at the e n d 'o f the per
m itted period ; cancellation o f leave; disciplinary action ; or discharge.
Leave fo r General Personal Reasons
Som e agreements provide fo r leave o f absence fo r any “ good” or
“ reasonable” cause. T h is type o f clause leaves much to the discretion
o f both the em ployer and the employee.
Other agreements, on the
other hand, are more specific, nam ing as justifiable causes im portant
domestic events, such as accidents, illness, deaths, or weddings in the
im m ediate fa m ily ; perform ance o f civic duties, such as ju ry duty,
acting as witness in court, or holding public office; and school
attendance.
Since absence fo r dom estic reasons does not usually require much
leave, seniority is not often m entioned, and presum ably there is no
deduction made fo r tim e lost. Clauses granting leaves o f longer
duration, such as fo r union office holding or schooling, sometimes
specifically provide fo r accumulation o f seniority.
Agreem ents frequently specify no deduction in pay fo r the few days
o f leave required fo r domestic contingencies, but some
longer periods o f absence specify that the leave is
Em ployees serving on a ju ry are frequently paid the
tween their regular earnings and the sum earned fo r
which perm it
without pay.
difference be
their services
at court.
Leave granted fo r personal reasons m ay be fo r an “ indefinite,”
“ reasonable,” or “ appropriate” p eriod ; in other instances, the period
o f perm issible leave is definitely stated as a specified number o f days
or weeks.
Leave W ithout Pay
1. Leave for “ Good” Cause
Employees, upon request, shall be granted leave of absence for good cause,
with the written consent o f the company, without prejudice to their seniority
or other rights.
2. Leave Allowed fo r any “B e^ onabM 9 Purpose, Unless Employer's Operations
Affected
The employer agrees that a leave o f absence will be granted without pay,
for any reasonable purpose upon the request o f the employee, unless it seriously
affects the operation o f the employer.
3. Leave for Personal Reasons— One-Year Service Requirement
Upon written application to management employees with one or more years
of continuous service may be granted leaves of absences without pay for justi
fiable personal reasons or emergencies.
LEAVE OF ABSENCE
3
4. Employee’s Illness, Illness in Immediate Family and Other Reasons—Leave
Limited to 3 Months
Leaves of absence without pay may be granted for personal reasons such a s :
1. Employee’s own illness.
2. Illness in employee’s immediate family whereby it is essential for
the employee to remain at home to care for relative who is ill.
3. Other compelling reasons of an emergency nature.
Such leaves o f absence for personal reasons shall be granted for a period not
to exceed 3 months but under unusual circumstances extensions may be granted
by the company.
5. Leave for Harvesting Perishable Crops
A leave of absence may be granted to farmer members or employees, for
the purpose of harvesting perishable crops on their own or leased properties.
I f such members or employees notify the company of their intention to return
to work at least 3 days prior to such return, such members or employees shall
not lose their seniority.
6. Leave for Public and Union Office—Seniority Cumulative
Any employee covered by this agreement elected or appointed to office in
the International Union, local union, * * *, or to public office in the city,
county, State or Federal Government, shall, if he requests in writing, receive
a leave of absence which must be renewed each year during his term of office.
During his leave o f absence, the seniority o f such employee shall continue to
accumulate.
7. Leave Allowed fo r Other W ork When on Part-Time or Lay-Off—No Loss of
Seniority
Any employee who is either working part time or is laid off shall have the
privilege of obtaining a written leave of absense from the employment office
to work for another employer and shall not lose his seniority.
8. Limited Leave to Attend School and for Other Specified Personal Reasons—
Leave for Nonspedfled Reasons Jointly Decided
Leaves of absence may be granted by the supervisor of the department for fixed
periods not to exceed 30 days for the following reasons:
1. Illness of a member of the employee’s immediate family requir
ing care and attendance by the employee.
2. Care of minors or dependent children during periods when a
housekeeper or attendant cannot be obtained.
3. Visits out of the city to members of an employee’s immediate
family in the service of our country’s armed forces who are
(a) ill, (b) scheduled for imminent departure for foreign service,
or returning from such.
4. Attendant at an accredited trade school or day school of higher
learning during attendance at which the employee is not the regu
lar employee of some other employer.
5. Union functions performed at the request or instructions of a
local, district council or international union.
6. Marriage of an employee.
7. Other reasons, the merit o f which is to be judged by a committee
consisting o f a representative designated by each party. Exten
sion of leaves shall also be judged by this committee.
791530°— 48------2
4
COLLECTIVE BARGAINING PROVISIONS
8. Leaves of absence must be secured in writing on forms prescribed
for the purpose in advance of the anticipated absence, except
in emergencies, and shall protect an employee’s service record
only for the period covered by the leave.
9. Leave for Veterans to Attend School—No Time Limit
Veterans shall be granted leaves o f absence with continuity of service for
any length of time necessary to take advantage o f education under the GI Bill of
Rights.
All leaves of absence must be granted in writing to the employee receiving the
leave.
10. Leave for Veterans to Attend School Limited to 9 Months— Seniority Cumula
tive
A leave of absence of not more than 9 months, without pay, for the purpose of
attending an educational institution or trade school recognized by the department
of education of the State of * * *, or other comparable body, shall be granted
to applicants who are newly employed veterans of World War II, having six or
more months of service with the company or who are reinstated veterans of
World War II, upon submission of a certificate of admission to such institution
or school. During such leave of absence the veteran’s seniority rating shall be
accrued.
11. Combination Vacation and Study Leave
Study leave—The agency is not in position to grant long-time study leaves at
this point.
A worker desiring to take summer courses not to exceed 8 weeks may combine
vacation with a 4 weeks’ study leave for this purpose, provided it is administra
tively feasible.
A worker may arrange to take one class per week at the beginning or end of
the day provided said class is not available after working hours.
12. Six Months’ Service Prerequisite for Leave Grant
Employees to be eligible for leave of absence must have completed 6 months of
continuous company service at the time of application for such leave. Exceptions
to the rule must be approved by the personnel manager.
13. Leave Plus Extensions
Leaves or extensions of
a time and the total time
months with the exception
Limited to 6 Months, Except for Maternity
leaves shall not be granted for more than 2 months at
including extensions shall not exceed six consecutive
of requests for maternity leaves.
14. Maximum Leave 1 Week for Each 6 Months’ Service; Only One Leave Granted
in 12-Month Period
Except in extraordinary circumstances maximum leaves of absence shall be on
the basis of 1 week for each 6 months o f continuous service and no more than one
leave will be granted in any 12-month period.
15. Sufficient Time Off for Voting, Without Pay
Any employee entitled to vote in a National or local election shall be allowed
sufficient time off to vote, without compensation.
Leave W ith P ay
16. Limited Leave With Pay—Hospitalization or Death of Family Member
(1 Day on Hospitalization; S Days on Death.)
The company will permit a leave of absence without pay-roll deduction in the
event of the serious illness in an employee’s family, that requires hospitalization
LEAVE OF ABSENCE
5
of his wife, minor son or daughter, or father or mother living in the same
community. The maximum leave of absence under these circumstances will be
1 day, and proof of such hospitalization must be furnished.
The company will permit a leave of absence without pay-roll deduction when
a death occurs in the employee’s immediate family, namely, wife, son, daughter,
sister, brother, father, or mother. The maximum leave of absence under these
conditions shall not exceed 3 days.
17. Leave With Pay for Absence Due to Deaths, Funerals, Family Weddings, and
Other Personal Emergencies
Occasional necessary absences due to death and/or funerals of near relatives,
weddings in the immediate family, or personal emergency situations beyond the
control of the employee, may be considered as excused absence at the discretion
of the department head for which no salary deduction will be made.
N ote.—This clause applies to office clerical workers only.
18. Four Days’ Leave With Pay for Death in Immediate Fam ily; 1 Day for Death
of Other Relatives
In the event o f the death o f any member o f his immediate family, as herein
after defined, any employee covered by this agreement shall be granted a leave
of absence with pay not exceeding 4 days, excluding Sunday when it is the fourth
day. In case of other relatives to the second degree where a definite funeral
obligation exists, at least 1 day shall be granted with pay. Any additional ab
sence from duty in the event of the death of any member of his immediate family
shall be deducted from any accrued vacation period or taken without pay.
For the purpose of this contract, the immediate family shall consist of wife,
husband, children, parents, brothers or sisters, or any other family relative living
in the employee’s household.
19. Leave With Pay for Death in Immediate Family— One-Year Service
Requirement
In case of death in the immediate family, employees of more than one year’s
service will be granted appropriate time off with full pay, at the discretion o f the
superintendent.
20. One-Week Leave With Pay for Sickness or Death in Fam ily; Two-Thirds of
Time Off To Be Made Up
No deduction from the fixed wage payment will be made for time off, not to
exceed 1 week for any single absence because of necessary personal reasons
such as serious sickness or death in the immediate family. Such time-off will
be made up by working two-thirds of the hours lost as provided in this agree
ment, under article X II, Sick leave, Section 6, Cancellation of undertime.
(a) Undertime resulting from sick leave and other necessary time off shall
be made up by applying against such undertime any hours which were worked
by the employee outside of his regularly scheduled, work hours. Employees
on a variable schedule shall make up undertime by applying hours worked beyond
40 in a week. This includes hours worked while on vacation relief. Hours
worked on a holiday and the regular holiday allowance shall not be applied
against undertime. Those hours worked which are offset against undertime shall
be applied on a basis o f every 2 hours worked cancelling 3 hours of undertime.
(&) Undertime which was accumulated 1 year or more prior to December 15
o f the current year and which the employee did not have an opportunity to make
up shall be cancelled as of December 15 of the current year. An employee shall not
be required to make up undertime by performing duties which existing practice
has'indicated are not related to his job or department,
6
COLLECTIVE BARGAINING PROVISIONS
21. Leave With Pay for Personal Reasons or Death in Family Only if Taken as
Part of Sick Leave
Time off may be granted for personal reasons if permission has been obtained
from the company in advance or in case of death in the family. Seniority shall
accumulate during such absence and payment shall be made if the employee
agrees to include the absence as part of the sick leave provided for in section —
of this article.
22. Leave Because of Death in Family Counted as Part of Sick Leave and Paid
at Half-Pay
Employees shall be compensated at half-pay for a period not to exceed three
working days for any absence because of death in their immediate family. Im
mediate family shall mean wife, children, father, mother, sisters, and brothers.
Time compensated in this manner in any year shall be deducted from the total
time for which payment will be made in case of illness under the foregoing section.
23. Leave With Pay When Absent Due to Contagious pisease in Family
In the event of a contagious disease in the family of any man, when board
o f health rules and regulations require loss of time by such member, he shall
suffer no loss of pay, providing employee has made a reasonable effort to avoid
quarantine.
24. Leave With Pay for Jury Duty as Well as Family Events—No Deduction Made
for Jury Duty Pay
In addition to excused absences, with pay, for holidays, sick leave and vaca
tions provided for elsewhere herein, the company agrees to permit excused
absences with pay as follow s:
(a) An employee serving on jury duty will be excused with pay for time lost
during his basic workweek. No deduction will be made from his pay for any
pay received by him from the Government for such service, but the company will
require him to show his pay voucher in order to establish the period of such
excused absences.
(&) In the event of the death of a father, mother, brother, sister, wife, or child
of an employee, time off within his basic workweek will be given with pay up
to a maximum of 4 days. The meaning of the relationships mentioned above
is to be construed as including stepfather, stepmother, stepbrother, stepsister,
half brother, half*sister, stepchild, father-in-law and mother-in-law.
( c ) No excused absence with pay will be considered an interruption of con
tinuity of service.
25. Leave With Pay for Jury Service or Acting as Witness in Court—Jury Pay Is
Deducted
In the event an employee is called for examination for jury service or for jury
service or as a witness by court subpena, said employee will be reimbursed
by the company for the difference between his normal earnings and the amount
earned in connection with the aforesaid services for the actual time he is required
to be absent.
26. Limited Time Off During Hours, With Part Pay, for Attending Technical
Classes. Leave for Full Time Schooling for Two Consecutive Semesters
After completing 2 years of continuous service with the company, an employee
may be permitted time off up to a maximum of 5 hours per week, of which 2 hours
will be with pay, for attendance of technical classes in subjects relating to the
work of (this plant), which he could not otherwise attend. In addition to the
above consideration, the company shall be guided by the needs of the individual
LEAVE OF ABSENCE
7
to complete his schooling or training. Application for such time off must be made
in writing and approved by the industrial relations manager and must be se
cured prior to registration for the class or classes involved.
This section is not subject to arbitration.
After completing 3 years of continuous service with the company, an employee
may be granted a leave of absence for graduate study or to receive his degree,
for a period equal to two consecutive semesters. The subject of such study must
be related to the phase of research and development carried on in (this plant).
In addition to the above consideration, the company shall be guided by the needs
of the individual to complete his schooling or training. Application for such
leave must be made in writing 4 months in advance for approval o f the industrial
relations manager.
This section is not subject to arbitration.
27. Two Hours for Voting, With Pay
Each employee, who because of his hours o f work, would be unable to vote, may
upon application to his foreman be given 2 hours’ time off on election day for the
purpose of voting for the election of candidates for State and Federal offices, and
he shall be paid for such time off at his regular rate.
Seniority and Other Rights
28. Leave for Personal Reasons “ Without Loss of Seniority”
Leaves of absence without loss of seniority for appropriate but reasonable
periods subject to reasonable extension upon request will be granted to employees
in the case of illness due to disease or injury (personal or fam ily), pregnancy
or confinement resulting from childbirth, attendance at summer school, marriage,
family request due to leaves and discharges of immediate relatives from service
with the armed forces.
29. Accumulation of Seniority up to 6 Months; Leave for Military Service or
Union Business Excluded
After six consecutive months on leave of absence, an employee will not continue
to accumulate seniority, but will receive credit for all seniority accrued to the
end of the 6 months’ period. This provision does not apply to those in the U. S.
Government service as described in paragraph 5 below, [seniority accumulates
while in such service] or those engaged in full time employ for the union as de
scribed in paragraph 6 below. [Without prejudice or loss of seniority].
30. Seniority Cumulation Limited to 90 Days Except on Union Leave or Where
Otherwise Specified
Leaves of absence without pay may be granted employees for a period not to
exceed 10 working days during the year. In the event an employee protests the
department head’s refusal to grant such a leave of absence, the matter will be
referred to supervision at the superintendent or division manager level for final
determination. For good and sufficient reason the company may extend the
period of the leave. The leave of absence shall not in any way jeopardize the
employee’s standing with the company.
On all leaves of absence of 90 calendar days or less, an employee shall accumu
late seniority. On leaves of absence exceeding 90 calendar days, seniority shall
accumulate after 90 days only if specified by the terms of the leave: Provided,
however, That on leaves of absence heretofore or hereafter granted for union
business the employee shall accumulate seniority during such leaves.
g
COLLECTIVE BARGAINING PROVISIONS
31. No Loss of Seniority for Working Elsewhere During Leave if Other Work
Advised by Doctor
It is agreed that an employee on granted leave o f absence may accept employ
ment in cases of medical disability when a written statement by his physician
is submitted which recommends a change of climate or a radical change in the
nature of his work beyond the power of the company to supply. This clause modi
fies article IX, section 9, subsection C, to the extent above stated. [Loss o f
seniority on acceptance of other employment while on granted leave of absence].
32. Limit on Time During Leave Which May Be Credited Toward Automatic
Wage Increase
All leaves of absence shall be without pay and not more than 21 working days’
service credit for the purpose of calculating the date of the next automatic wage
increase shall be credited during such leaves.
33. Group Insurance Maintained During Leave Provided Prepayments Made
When an employee is on an authorized leave of absence his group and hospitali
zation insurance will be maintained during such leave provided the employee
makes the necessary payments in advance for the regular premiums which will
come due during the period.
34. Company-Paid Group Insurance Maintained During Leave for 60 Days
Company group life insurance carried by the company for the benefit of the
employee shall be continued during leaves of absence for a period not exceeding
60 days except as to insurance paid for by the employee, in which case such
employee shall make arrangements concerning the same.
35. No Leave at Vacation Time
No leave of absence will be granted for the week immediately before or after
an employee’s scheduled vacation.
Sick Leave
Unpaid Sick Leave
M ost union agreements make explicit provision fo r leaves o f absence
for illness or injury without pay but without loss o f seniority or em
ployment rights.
Such provisions are frequently covered in the
clauses which detail the effect o f such absence on seniority.
M any agreements, on the other hand, do not distinguish between
nonpaid sick leave and other types o f leave for “personal” reasons.
W here sick leave is not specifically mentioned, the provisions per
m itting “ leaves o f absence for personal reasons” or “ leaves o f absence
upon mutual agreement o f company and union” are sufficiently broad
in practical application to cover sickness.
In some cases, the retention or accumulation o f seniority during
periods o f illness or injury is limited to a definite length of time, after
which seniority is lost altogether.
In others, seniority is retained (or
accumulated) for an indefinite period, for a “ reasonable period,” or
“ until the employee is able to return to his job.”
W here definite time
limits are set, extensions may be permitted in the case o f prolonged
illness or automatically granted for employees injured on the job.
LEAVE OF ABSENCE
9
M edical certificates as proof o f illness m ay be required at the begin
ning and at the end o f leave or at various intervals during the period.
36. Leace Without Fay for Personal or Family Illness
Absence of any employee by reason of sickness, or sickness of any one of bis or
her immediate family, shall not be a cause for discharge, but such employee or
employees shall not be entitled to any compensation during the period o f sickness,
unless otherwise provided by law.
37. Leave for WorTc-Gonnected Disability up to 4 Tears
Leaves of absence shall be granted by the company to employees who because
of physical disability resulting from an injury on duty for the period for which
statutory compensation is payable but is not to exceed the termination of such
disability as certified by a regularly licensed physician or the time of acceptance
of employment elsewhere without first requesting employment with the company,
and providing such leave or extensions thereof shall not exceed 4 years.
38. Unlimited Leave of Absence for Sickness or Accident—Seniority Accumulates.
Union and Company may Request Doctor’s Certificate Quarterly
Unlimited leave of absence shall be granted to all employees for reasons o f
sickness or accident. Said leave of absence shall not affect seniority rights of
any employee. Seniority rights shall accrue during such periods. The employer
and the union shall have the right to ask for a doctor’s certificate substantiating
all requests for leaves of absence at least once every 3 months.
39. Maximum Sick Leave 3 Years; Seniority Cumulative up to 1 Year
Any employee off due to his sickness, shall accrue seniority up to 1 year upon
presentation of a certificate by any reputable physician. After an employee is
off, due to his sickness for a period of 3 years, he loses all seniority.
40. Maximum of 6 Months’ Sick Leave; Restoration of Full Rights on Return
Leave of absence without pay not to exceed 6 months is to be given to an
employee because of illness. Upon return, if physically and mentally fit, such
employee shall resume old position with full rights.
41. Seniority Accrues for 30 D ays; Seniority Frozen During Additional Sick
Leave
Employees shall be allowed a leave of absence not to exceed 30 days except
in rare cases recognized by the employer, for sickness or disability. During such
leave an employee shall continue to accrue seniority. If a further leave is neces
sary seniority shall not accumulate for the next period, but the employee shall
retain her seniority status. Upon returning to work, employees shall be re
instated to their former position. If this is not available then the employee shall
be offered whatever job they are qualified to perform and which has been ap
proved by the shop committee and the employer.
$2, Seniority Accrues for 60 D ays; Seniority Frozen up to 6 Months Thereafter—
Physical Examination on Reinstatement
An employee shall be returned to his job upon recovery from illness with
accumulated seniority, in the event his absence does not exceed 60 calendar days
and he is physically able to resume his regular work. Should an employee’s
continuous absence because of illness exceed 60 calendar days, he shall be placed
upon the suspense pay roll. He shall be reinstated to his former position upon
his recovery from the illness with the seniority he had at the time he was placed
qn the suspense pay roll, provided he is physically able to resume such work, but
10
COLLECTIVE BARGAINING PROVISIONS
he shall not be entitled to promotions which have arisen while on the suspense
pay roll. Any employee who remains on the suspense pay roll continuously for
6 months and is not at the end o f that period physically able to resume his work
may be terminated. In the event an employee, because of illness, is unable to
perform the tasks of the job he held prior to his illness, the company will offer
suitable work for such employee if it is available. In all cases of illness the
company may, at the termination of the illness, require the employee to pass
a physical examination before reinstatement, and to present written medical
proof by a licensed doctor of medicine to the effect that he has been during his
absence continuously unable to work because of his illness.
43. Retention on Company Rolls During Sick Leave Varies With Length of Service,
Nature of Illness and Efforts to Recover
Employees who become ill while on the active rolls of the company and make
proper report of their illness will be carried on the rolls of the company during
periods of less than total disability for a period of time consistent with their
service-credit, the nature o f their illness, and the efforts they are making to restore
themselves to normal health.
An employee with service-credit of from 1 to 3 years will be carried for at
least 6 months; an employee with service-credit in excess of 3 years but less
than 5 years will be carried for at least 12 months; an employee with 5 or more
years of service-credit but less than 10 years will be carried for at least 24 months;
and an employee with 10 years or more of service-credit will be carried for at
least 36 months; providing that due consideration is given to the nature of the
illness and the employee’s efforts to complete his recovery from the illness.
44. Medical Examination Required on Return From Illness
In the case of absence due to illness, exceeding 3 weeks, but not exceeding
1 year, the employee involved will, after he passes medical examination, be rein
stated to the plant roster.
45. Medical Certificate May Be Required at Beginning and Termination of Sick
Leave
Employees unable to work by reason of illness shall be entitled to a leave of
absence during such proven illness. The company may require a doctor’s certifi
cate to prove such illness on the employee, taking the leave of absence, and also
may require a doctor’s certificate at the termination of the illness as proof that
the employee can return to work.
Paid Sick Leave
The practice o f continuing to pay an employee’s salary when he is
absent because o f illness or injury has been more commonly applied to
salaried employees and the so-called white collar group than to indus
tria l workers.2
H ow ever, sim ilar treatment is being increasingly provided fo r pro
duction workers on the ground that absence because o f illness means
a loss o f earnings which the hourly paid worker can ill afford.
P aid sick leave plans can be classified according to w aiting period
and the rate and duration o f paym ent.
N o w aiting period m ay be
specified; none m ay be specified but payment starts only after a cer
2 See Bureau of Labor Statistics Bulletin 832, “ Sick Leave Provisions in Union Agree
ments,” a reprint from the May 1945 Monthly Labor Review.
LEAVE OF ABSENCE
11
tain length o f tim e; a w aiting period m ay be stipulated, regardless o f
the length o f illn ess; or it m ay be waived if the illness exceeds a certain
length o f tim e.3 The rate o f pay received during illness m ay be fu ll
pay, h a lf pay, or a combination, i. e., fu ll pay for a certain length o f
tim e and h alf pay thereafter. The paym ent may constitute a supple
ment to group insurance or workmen’s compensation benefits (i. e., the
difference between an employee’s regular wage and his compensation
allowance) or fu ll or partial pay until payments under the State
compensation law begin. Paym ent m ay be at an em ployee’s regular
rate or a flat sum. The plan may be uniform so that all employees
who fu lfill the minimum service requirement are entitled to the same
amount o f paid sick leave, or it m ay be graduated, w ith all eligible
employees receiving paid sick leave based on length o f service.
A
maximum amount o f paid sick leave m ay also be specified.
Some agreements restrict unused sick leave to the calender year or
contract term . Others allow employees to accumulate unused sick
leave from year to year and thereby to build up a reserve indefinitely,
or to a maximum amount.
Other form al plans fo r paid sick leave concern themselves with
eligibility (i. e., service) requirem ents; m aximum leave w ithout loss
o f seniority; paid sick leave in relation to occupational in ju ries; and
illness or injuries (other than occupational) not entitled to pay. In
this last connection, compensation m ay be denied when the illness or
disability is due to negligence, misconduct, im m orality, venereal dis
ease, or use o f drugs.
T o prevent m alingering and abuse o f pay benefits, employees are
often required to subm it proof o f illness and disability. T h e certificate
o f a company doctor or the employee’s physician m ay be required.
A n em ployer m ay reserve the right to investigate the absences. E m
ployees found gu ilty o f m alingering or falsely claim ing sick pay m ay
be subject to discipline, including discharge or loss o f future benefits
fo r a specified period.
Some agreements provide a combined paid vacation-sick leave plan
under which the tim e allowed may be used for either purpose, or un
used sick leave m ay be added to allotted vacation benefits.
A unique plan established by one agreement, which does not fa ll
readily w ithin the classification listed above, establishes a sick leave
pool o f a specified number o f work days against which absences by all
employees are charged.
W hen this pool is exhausted, no further paid
leaves are allow ed.4
8 Waiting period arrangements tend to restrict payments to illness of relatively long
duration.
4 Employee-benefit plans which provide for the payment of medical and other expenses
due to illness and accidents are discussed in the forthcoming bulletin on Health, Safety
and Employee Benefit Plans.
791530°— 48------ 3
12
COLLECTIVE BARGAINING PROVISIONS
Leave With Full Pay for a Limited Period
UNIFORM PLANS
46. No Specific Contract Limitation on Amount of Leave
No employee shall suffer deduction in compensation because
or illness, nor shall he be required to make up time lost
of
any accident
47. Five Days' Sick Pay A fter 6 Months' Service, Cumulative Indefinitely—Medi
cal Certification for Leave Exceeding 5 Days
Employees with six or more months of continuous service shall be entitled
annually to 5 days’ sick leave at their current rate of pay. Sick leave shall be
cumulative; Provided, That all sick leave pay in excess of 5 days at one time shall
be on certification by a recognized physician. A doctor’s certificate or other
reasonable proof o f illness may be required by the company as a justification
for sick leave.
48. Six Days' Pay per Year, Cumulative up to 5 Years—Medical Certification
Required
It is further agreed that all employees who have been employed for 1 year
or more will be given 6 days annual paid sick leave per year, said sick leave to
be accumulative up to 5 years. Certification from a medical doctor will be neces
sary before sick-leave pay is granted; further, that employees must notify foreman
o f their illness before start of the next day’s operation.
49. Eight Hours' Pay fo r Each Day Hospitalized, Except fo r Pregnancy, to Maxi
mum of 48 Hours. Benefits Limited to 10 Percent o f Employees in Year.
Benefits Cease if Health Legislation Enacted
Each employee shall receive 8 hours’ wages at guaranteed straight-time rates
for each day that such employee is actually and necessarily confined to the hospi
tal for any cause whatsoever other than pregnancy; Provided, however, (a) That
the sick leave pay to an employee in any one year shall not exceed in the aggregate
pay for 48 hours, and (b) that the liability of the company for sick-leave pay
pursuant hereto shall be limited to payments of not more than 10 percent of
the employees of the company in any one year, and (c) that the benefits provided
for in this article shall cease forthwith upon the enactment of any National, State,
municipal, or other governmental law or regulation providing for health or hospi
tal benefits for employees of this company and requiring the company to con
tribute either directly or indirectly to the expense thereof.
50. Seven Consecutive Days' Sick Pay After 3 Years' Service if Illness is NonChronic and Extends for 1 Week
Each employee who, as of the date of the signing of this agreement, has been
in the employ of the company continuously for 3 years or more shall be entitled,
during the life o f this contract, to seven consecutive days o f sick leave with pay
during the year, providing the illness is not of a chronic nature and extends for
a period of at least 1 week.
51. Forty Hours' Sick Pay if Employed 65 Percent of Time During Previous Year
and on Pay Roll at End of Completed Season
All employees who worked 65 percent of the days the factory operated in the
preceding year and who were on the pay roll at the end of the completed season
LEAVE OF ABSENCE
13
shall receive sick and accident benefits as follow s: They shall receive not more
than 40 hours per year at their regular rate of pay. This is to be prorated at
S hours per day and not to exceed 5 days. Providing in the case of accident
that the accident is not a compensable one.
N o t e .— This agreement covers a food preparation plant in which operations are
undoubtedly seasonal in character.
52. Five Days9 Sick Leave, Now-cumulative, to “ Seniority Employees"
Any seniority employee hereunder losing time on account of illness or injury
shall be compensated at the rate of pay which the employee would normally have
received for regular time during the period of his illness or injury. Such
employee shall be entitled to compensatioh for a total o f 5 days in each year.
53. Sick Pay for Occupational Injury or Illness—Five Days9 Maximum for One
Occurrence; 10 Days9Maximum in Calendar Year
Any employee who, in the course of or arising out of his employment, is
injured or contracts an occupational disease, as defined in article I, section 108,
of the Pennsylvania Occupational Disease Act, and is unable to return to work
because of such injury or occupational disease, shall be entitled to sick leave with
pay computed on the basis of 8 hours at the regular hourly base rate o f pay for
each day of disability provided such absence is substantiated by a doctor’s cer
tificate. In no case shall the injured or diseased employee be paid for more than
5 days for the same injury or occupational disease, or a total of not more than
10 days in any one calendar year for all injuries or occupational diseases.
GRADUATED PLANS
54. One W eek for Each Year TJp to 20 Years—No Deduction From Vacation or
Overtime Credited to Employee
Sick leave with pay shall be granted on the basis of 1 week for each year of
employment or fraction thereof up to twenty (20) years. It is understood that
sick leave is not to be taken unless the employee is incapacitated because of
illness. The [company], however, may at its option grant sick leave in excess of
the above provisions and such excess leave granted in the case o f one or more
employees shall not be deemed to be a precedent for all employees. The employee
must notify management of illness as soon as practicable. The [company] re
serves the right to substantiate claims o f nature o f illness through its own
physician at the [company’s] expense.
No deduction shall be made for sick leave from vacation or from overtime
credited or to be credited to the employee.
55. Six Days With Full Pay A fter 1 Year’ s Service; 12 Days A fter 2 Years—
No Cumulation
Each full-time employee who at the time o f illness or injury is and has been
in the active service of the same employer for a period of one full year or more,
shall be entitled to 6 working days’ sick leave with full pay. Each full-time
employee who at the time of illness or injury is and has been in the active service
of the same employer for a period of two full years or more, shall be entitled to 12
working days’ sick leave with full pay. Sick-pay allowances cannot be accumu
lated from one year to the next. Pay allowances granted under this plan are
terminable upon the death o f the employee.
14
COLLECTIVE BARGAINING PROVISIONS
56. One Day per Month; Maximum 12 Days— Tico-Day Waiting Period
Each employee shall be entitled to sick leave with pay for time lost in excess
of two consecutive days in any one period of continuous illness on the basis of
1 day for each month of service, accumulative to a maximum of 12 days. Em
ployer may at his option, demand evidence of sickness by requesting a written
statement from employee certifying illness and/or a statement from employee’s
physician.
57. Ten Days per Y e w A fter First Year. A fter 5 Years, Credit for Half of
TJnused Leave in Previous 5 Years. A fter 10 Years, Credit for Unused
Leave in Previous 5 Years. Pro Rata Sick Pay to Part-Time Employees
After the first year of continuous service and for each year of continuous service
thereafter a regular employee shall be entitled to sick leave with pay for a total
of 10 workdays per calendar year, and a regular part-time employee shall be
entitled to sick leave with pay for such portion of 10 workdays per calendar year
as the average number of hours he regularly works in a week bears to 40.
After 5 years of continuous service a regular employee shall, in addition to the
sick leave to which he shall be entitled in any 1 year under the provisions of
section 1, hereof, he entitled to further sick leave with pay equivalent to the
aggregate of one-half of any unused portion of the sick leave to which he would
have been entitled in each of the 5 years immediately preceding.
After 10 years of continuous service an employee shall in addition to his
annual sick leave to which he shall be entitled under the provisions of section 1
hereof, be entitled to further sick leave with pay which shall not exceed the total
of the unused sick leave to which he was entitled in each of the 5 years immedi
ately preceding. The maximum sick leave which may be accumulated under this
subsection shall be computed by subtracting the total number of days of used
sick leave in the preceding 5 years from the total number of days in the annual
sick leaves to which the employee was entitled in such period.
Leave With Less Than Full Pay for a Limited Period
58. Three Weeks Per Year at 90 Percent of Regular Pay. Unused Leave Cumu
lative for 4 Years. One-Day Waiting Period
All employees covered by this contract shall be entitled to sick leave benefits
o f 8 weeks, at 90 percent of their rate of pay posted for the classification of work
at which they are regularly employed, during the period extending from their
first anniversary of employment to the close of their first calendar year of em
ployment.
During each calendar year thereafter all such employees shall be entitled to
sick leave benefits o f 3 weeks at 90 percent of their rate of pay posted for the
classification of work at which they are regularly employed.
Benefits granted by this article shall not apply to the first working day o f any
employee during any one period in which he is absent from work because of
illness.
If any employees covered hereby do not receive all or any part o f their sick
leave benefits during any year, the unused portion will accumulate over a period
not to exceed 4 years. Sickness due to occupational injury is included in this
benefit, but in any case where compensation is being paid because of compen
sable injury, sick leave benefits under this provision will only be paid to the
LEAVE OF ABSENCE
15
extent necessary to bring such employee’s benefit payments up to but not to exceed
his regular wage.
Any employee claiming benefits hereunder must notify his supervisor as soon
as he becomes ill, and at the proper time present evidence of sickness satis
factory to the company in order to receive benefits hereunder.
Time off because of illness or accident shall first be charged against benefits
provided hereunder for the current year and if more than the current year’s
benefits are needed shall be charged against unused benefits in the third preced
ing year, and if length of illness requires shall be charged next to the unused
benefits in the second and then to the first year preceding date of illness, pro
vided that the maximum benefit to any employee in any year shall not exceed
12 weeks.
59. Two Weeks9 Half-Pay Each Year of Service. One-Week Waiting Period
During First 9 Years; None Thereafter
When employees are absent on account of disability due to sickness or noncompensable accidents and when such absences and their continuation are sup
ported by medical evidence of the company’s physician, part wage payments
shall be made based on length of service according to the following schedule:
Absence due to sickness or noncompensable accident.
Service required, one continuous year.
Waiting period, 1 to 9 years—1 week; 10 years and up—none.
Amount of payment, one-half wages; part wages are to be computed on a
basic workweek of 40 hours.
Extent of payments, 2 weeks half wages each year o f continuous service
during any current 12-month period.
60. Specified Amount per Day for Maximum of 100 Days in 12-Month Period.
Seven-Day Waiting Period. Maximum Liability Specified for Recurrent or
Continuous Disability
A sick benefit of $2 per day shall be paid by the company to an employee for
disability caused by illness or injury, for a period not to exceed 100 days in any
consecutive 12 months, it being understood that this shall apply only in cases
where the regular wage or salary is not continued during absence from duty.
It is especially provided that benefits may be withheld in all cases where sick
ness or disability was brought about by any grievous neglect or imprudent or
indiscreet act of the employe. No benefits shall become payable for disablement
due to immoral conduct or to the use of intoxicants.
Payments shall commence with the eighth day’s illness providing that notice
in writing requesting sick benefits is received by the company within the first
7 days of illness. However, such notices must in all cases be followed by an
application form properly executed. The total liability for benefits is limited
to $200 for any recurrent or continuing disability resulting from any accident,
illness, ailment or disease.
61. W eekly Sick Leave Benefits at Half-Pay Graduated to Length of Service
Three-Day Waiting Period. One-Year Service Requirement
Employees to whom this agreement applies shall be granted a disability leave
allowance for regularly scheduled working days lost because of sickness or injury
hereafter occurring, subject to the following provisions:
(a)
Any employee who has completed one year of continuous service with the
company shall be allowed one-half the pay he would have received for those
16
COLLECTIVE BARGAINING PROVISIONS
scheduled days which the employee would have worked when absent on account
of sickness or injury exceeding 3 days, payment to be made account days lost ex
ceeding 3 days only; the pay provided herein shall continue only during the
period of absence due to the sickness or injury and in any event shall be limited
to the benefit period of the employee determined in the manner hereinafter set
fo rth ; shall be limited to the benefit period of such employee so determined during
any year of service. For the purposes hereof length of service shall be computed
in the same manner as provided in article X IV hereof.
(b)
The benefit period o f any employee shall be determined in accordance with
the following provisions:
Benefit period
Length of continuous service
{weeks)
Over 1 year but less than 2 years_________________________________ 4
Over 2 years but less than 3 years_________________________________ 5
Over 3 years but less than 4 years________________________________
6
Over 4 years but less than 5 years------------------------------------------------- 7
Over 5 years but less than 6 years_________________________________ 8
Over 6 years but less than 7 years------------------------------------------------- 9
Over 7 years but less than 8 years_________________________________10
Over 8 years but less than 9 years------------------------------------------------- 11
Over 9 years but less than 10 years_______________________________ 12
Over 10 years____________________________________________________ 13
Full P a y fo r a Lim ited Period and Less Than Full P a y fo r an Additional
Specified Period
62. Eighty Hours at Full Pay,
Hours at Half-Pay During any Calendar Year.
Absence for Illness Need Not be Consecutive
All employees of the company covered by this contract shall receive full pay
for the first 80 hours in any calendar year, not necessarily consecutive,, during
which he or she is absent from work on account of sickness. For the next 240
hours in the same calendar year, not necessarily consecutive, they will receive
one-half pay for time lost on account of sickness. The company shall have the
right to satisfy itself of the fact that sickness requiring absence by the cer
tificate o f a recognized physician, examination or otherwise.
63. Full and Half-Pay Benefits Vary with Length of Service; Benefits Keyed to
Calendar Year. Benefits Applicable in Case of Illness or Death in Immedi
ate Family
Every employee of the company necessarily or reasonably absent from his
work because of
(a ) The employee’s own sickness or accident, or
(b) The serious illness or the death of a member o f the employee’s immediate
family, or
(c) Any other condition beyond the employee’s reasonable ability to prevent
or abate, which an executive officer of the company finds should fairly be in
cluded under this provision, will be allowed the benefit payments specified below :
17
LEAVE OF ABSENCE
Period of continuous service completed prior
to January 1 of that calendar year during
which "benefits are payable:
6 months__________________
1 year-------------------------------2 years-----------------------------3 years-----------------------------4 years____________________
5 years____________________
6 years____________________
7 years____________________
8 years-----------------------------9 years------------------------------10 years____________________
12 years-----------------------------14 years-----------------------------17 years-----------------------------20 years------------------------------
Maximum total benefits payable
during any calendar year
A t full pay
{week)
1
1
1
2
2
3
3
3
4
4
5
6
7
8
10
A t half pay
{week)
and
and
and
and
and
and
and
and
and
and
and
and
and
and
and
none
1
2
2
4
4
6
8
8
10
10
12
14
16
20
64. Full and Half-Pay Benefits Vary with Length of Service; Benefits Keyed to
Any 12 Months9 Contract Period
The company agrees to pay compensation in accordance with the following
schedule, in event of illness or nonoccupational accidents, provided a certificate
is furnished from a reputable physician that his illness or accident prevents him
from performing his regular duties.
Compensation authorized for above defined absences
Length of service
during any 12-months’ contract period
1 to 3 years------------------------2 weeks at full pay—2 weeks at half pay
3 to 5 years________________3 weeks at full pay—3 weeks at half pay
5 to 10 years---------------------- 4 weeks at full pay— 4 weeks at half pay
Over 10 years___________ At least 4 weeks at full pay— 4 weeks at
half pay and additional compensation permissible at the discretion
of the company.
65. Three W eeks9 Full Pay and 12 Weeks9Half-Pay During Each Calendar Year,
Noncumulative. Waiting Period not Applicable in Occupational Accident
Cases
Employees who have completed 6 months or more of continuous service (i. e.,
without interruption exceeding 180 days) with the employer shall be allowed
minimum payments equivalent to 3 weeks’ time at full pay and 12 weeks’ time
at half pay during each calendar year; such payments to commence on the third
day of absence.
The term “week” as used herein shall cover only the number o f normally
scheduled working days in a calendar week applicable to the individual em
ployee.
No benefits will be paid employees for the first two scheduled working days
of any period o f absence for personal sickness or injury. (The waiting period
mentioned above will not apply in occupational accident cases.)
The above benefits are not cumulative. Unused benefits during any calendar
year may not be carried over into any subsequent calendar year.
18
COLLECTIVE BARGAINING PROVISIONS
Payments of wages during periods of physical disability shall be based on
the employee’s normal working schedule. In computing the number of days’
pay an employee is entitled to receive under this plan in any calendar year, pay
allowance will be made for the actual number of normally scheduled working
days within the period of such absence. Any pay for overtime work shall not
be considered in determining rate of wages for the purpose o f disability pay
ments hereunder.
The pay during absence shall be at the rate the employee would have received
had he continued to work.
66. One Week at Half-Pay Up to 5 Years’ Service; Full Pay Thereafter.
tional Week Granted if Illness Lasts Beyond 1 Week.
Addi
In case of minor illnesses, such as cold, etc., an employee who has completed 5
years of service is entitled to yearly sick leave with full pay at straight time up
to a total of the number of days the employee regularly works in 1 week. In
the event that any illness is serious enougji to require continuous absence of more
than 1 week, the employee also shall receive pay at straight time for a period
equal to the number of days he regularly works in 1 week which will not be
counted in the leave allowed for minor illness and which will be allowable only
once in each calendar year.
For employees who have been with the company over 1 year but less than 5,
sick leave with half pay will be allowable for minor illnesses up to a total o f the
number o f days the employee regularly works in 1 week. In the event that any
illness is serious enough to require continuous absence o f more than 1 week, the
employee also shall receive half pay for a period equal to the number of days he
regularly works in 1 week, which will not be counted in the leave allowed for
minor illnesses and which will be allowable only once in each calendar year.
Any employee who has been with the company less than 1 year will be allowed
sick leave at half pay up to the total number of days the employee regularly works
in 1 week.
Payments to Supplement Group Insurance or Workmen’s Compensation
Benefits
67. Forty Hours' Full Pay; Difference Between Workmen's Compensation and
Regular Pay During Newt 280 hours of Absence Due to Work-Connected
Injury
In event o f time lost due to injury from accident in the course o f employment,
the injured employee shall receive full pay for the first 40 hours lost. For the
next 280 hours, not necessarily consecutive, the employee will receive the difference
between workmen’s compensation and his regular pay. The company reserves the
same right of examination as in the case of sickness.
68. Combination of Full and Tico-Thirds Pay, Geared to Length of Service, Minus
Workmen's Compensation, for Absence Due to Occupational Illness or
Injury
When it is necessary for an employee (including temporary or part-time em
ployees) to be off duty on account of an occupational illness or injury incurred
in the course of his employment with the company, he shall be granted benefits,
according to the following schedule, subject to the general provisions outlined
in section 9 :
LEAVE OF ABSENCE
19
Length of service
Benefits
Less than 6 months------------------ 52 weeks at % full pay, less workmen’s
compensation
6 months, but less than 1 year_ 1 week’s full pay, then 51 weeks at % full
pay, both less workmen’s compensation
1 year, but less than 2 years------ 2 weeks’ full pay, then 50 weeks at % full
pay, both less workmen’s compensation
2 years, but less than 4 years— 1 month’s full pay, then 11 months at %
full pay, both less workmen’s compensa
tion
4 years, but less than 6 years— 2 months’ full pay, then 10 months at %
full pay, both less workmen’s compen
sation
6 years, but less than 8 years— 3 months’ full pay, then 9 months at %
full pay, both less workmen’s compensa
tion
8 years, but less than 9 years— 4 months’ full pay, then 8 months at %
full pay, both less workmen’s compensa
tion
9 years, but less than 10 years— 5 months’ full pay, then 7 months at %
full pay, both less workmen’s compensa
tion
6 months’ full pay, then 6 months at %
10 years, or more.
full pay, both less workmen’s compensa
tion
69. Full Pay, No Maximum, for Occupational Injury; Full Pay up to Specified
Amount for Occupational Illness. Employer Credited with Compensation
or Benefit Payments
In the event of any injury arising out of and in the course of the performance
of his duties, an employee shall receive sick leave with full pay for the entire
duration of such disability. In the event of an illness arising out of and in the
course of the performance of his duties, an employee shall receive sick leave with
full pay for the duration of such illness insofar as the contributions of sums up
to a total of $750 in any one case by [the employer] will provide the same. Should
the employee receive compensation or benefits during such disability from any
insurance policy carried by the [employer] or from any department of Federal
or State Social Security, the [employer’s] contribution shall be reduced by the
amounts thereof but such contributions shall not be used to decrease the obligation
o f the [employer] to contribute sums up to a total o f $750 in any one case for
disability due to illness. Should said injury or illness be such that the employee
can perform any service, such as part-time work or work on which the [union]
and [employer] can mutually agree that such employee is capable of performing,
such employee shall perform such service in consideration of the contributions
being made by the [employer] hereinunder.
70. Workmen’s Compensation Benefits Plus Sick Pay Allowance Not to Exceed
Normal Pay
In the case of an industrial injury compensable under the Workmen’s Compen
sation Act, payments will be made under the above sick leave schedule but only
to such an amount that the employee’s Workmen’s Compensation plus sick pay
791530°— 48------4
20
COLLECTIVE BARGAINING PROVISIONS
will not exceed the employee’s regular base hourly rate times 8 hours for any 1
day. This same limitation of a maximum total payment for any 1 day will apply
also to sick pay payments made for illnesses covered by accident and health
insurance, or any Governmental insurance covering sickness.
71. Company Credited with Any Compensation Award Against Compensation
Benefits Paid
Any regular employee who has completed 1 year of service and who is injured
in an accident under which he would be entitled to the benefits of the California
Workmen’s Compensation Law shall be entitled to receive during any one service
year such portion of the unused sickness allowance provided by section . . .
hereof so that the sum of his compensation payments and sickness allowance will
equal straight time pay for the scheduled working hours for a period o f time not
to exceed the respective periods set forth in said section . . . . After a portion
o f the employee’s sickness allowance has been used as provided for above in the
case of industrial disability, any remaining portion of his sickness allowance
figured in dollars shall be available for application in subsequent cases of sick
ness or industrial injury during the same service year. It is further provided
that, if such employee becomes entitled to the payment o f a compensation award
under the Workmen’s Compensation Law, the company shall be entitled to an
offset or credit against such award of the amount of workmen’s compensation
benefits paid.
72. Occupational Injury Pay at 50 to 10 Percent o f Regular Rate, Less Workmen's
Compensation, Depending on Length of Service. One Year Maximum
Time lost by reason of occupational injury, as distinguished from illness or
nonoccupational injury, shall be compensated for the duration of such injury at
70 percent of the regular rate of pay, less workmen’s compensation paid to the
employee, but in no event for longer than 1 year for any such injury. An “ occu
pational injury” for the purpose of this paragraph shall mean an injury which
occurs during the hours and in the performance of the employee’s established or
assigned work, and which is reported to the company at or about the time of such
injury in the form and manner prescribed by the company.
An employee shall not be entitled to these sick or occupational injury bene
fits until he has been continuously employed more than 60 calendar days.
Thereafter he shall be entitled to only 50 percent of these benefits until he has
been continuously employed more than 6 months.
73. Sick Leave Pay Only for Waiting Period Under Workmen's Compensation
Act
I f an employee is absent by reason o f a disability which comes within the ap
plication of the Workmen’s Compensation and Insurance Chapters of the State
Labor Code the sick leave provided for in section 1 and 2 hereof shall apply to
work days in the waiting period required under such law in connection with
such disabilities, but such sick leave shall not be applied to any period of time
in which the employee receives disability compensation under such law.
74. Employee Option of Taking Sick Pay or Workmen's Compensation for Com
pensable Injuries
In case of an injury to an employee for which he is entitled to Workmen’s
Compensation Benefits, the employee may elect whether such injury shall be
charged against his “ sick pay” allowance or whether he accept only the Work
men’s Compensation Benefit and reserve his “ sick pay” allowance. Such elec
tion shall be made within 1 week of the time of the injury.
LEAVE OF ABSENCE
21
Waiting Periods
75. Two-Bay Waiting P erio d H a lf-P a y for Next 2 Days; Pull Pay Thereafter.
Five Days* Paid Sick Leave A fter 1 Year's Service. Ten Days' Maximum
Cumulation. No Pay for Unused Sick Leave
During the first year o f this sick leave plan, every production and mainten
ance employee who is covered by this agreement and who has been employed
continuously by the company for a period of 1 year or more shall be entitled to
5 days (40 straight time hours) annual sick leave with pay.
Upon completion of the first year of this sick leave plan and thereafter, every
such employee who has been employed continuously by the company for a period
of two or more consecutive years shall be permitted to accumulate unused annual
sick leave allowance to a maximum of 10 days (80 straight time hours) during
any two consecutive years.
A doctor’s certificate or other reasonable proof of illness shall be required by
the company. Sick leave with pay shall be applicable only in cases o f bona fide
illness or accident and shall be paid in the following manner:
First and second consecutive workdays’ absences, no pay.
Third and fourth consecutive workdays’ absences, one-half pay each day.
Succeeding consecutive workdays’ absences, full pay until sick benefit allow
ance is used up.
For the purposes of this paragraph, full pay and one-half pay shall mean pay
for the regular daily schedule of working hours, for those days which the em
ployee would have worked had the disability not occurred, calculated at straight
time or one-half such amount. The waiting periods herein provided before full
pay commences shall apply for each illness or accident in case the sick benefit
allowance has not been used up in previous illnesses during the same year.
76. Three-Day Waiting P eriod; 6 Days' Sick Pay A fter 1 Year of Service
Operators, after 1 year o f service according to the seniority roster, shall be
granted 1 workweek of 6 days with pay to cover lost time on account of bona
fide illness. In the event of bona fide illness, the first three consecutive days of
any illness shall not be compensated for under this provision. The company
may require as evidence of sickness a certificate from a physican approved by
the company. Such compensation shall be paid for each compensable day of ill
ness at the same rate provided for each day of vacation pay. Sick leave pay
shall be allowed only for regular assigned workdays.
77. Waiting Period Varies with Length of Illness
Employees whose eligibility is determined by the schedule below shall be
eligible to receive benefits for time lost due to illness or accidental injury.
One sick leave benefit day shall consist of payment for one-half of a regu
larly scheduled normal day’s work at the then current base hourly rate of pay,
plus one-half a normal daily portal to portal allowance.
In order to maintain normal sick leave pay when a recognized holiday falls
within the regular work schedule of an employee off sick, said holiday shall be
considered as a regularly scheduled working day for purposes o f computing
sick leave pay.
Each employee shall be eligible for a maximum number of sick leave benefit
days annually, as indicated below, for each regularly scheduled working day
lost due to sickness or injury in excess of 3 days.
In the event the period of illness is,
(1) Five regularly scheduled working days but less than ten,
(2) Ten regularly scheduled working days but less than fifteen, or
22
COLLECTIVE BARGAINING PROVISIONS
(3)
Fifteen or more regularly scheduled working days,
employees eligible for sick leave benefits shall receive in addition to the schedule
outlined above,
(1) One
(2) Two, or
(3) Three
sick benefit days to cover the first, second or third waiting period days,
respectively.
Discipline for Abuse o f Sick Leave
78. Malingerer Deprived of Sick Benefits for 1 Year
In cases of proven malingering, an employee shall be deprived for 1 year
of all sick benefits under the plan.
79. Employees Malingering or Chronically III May B e Deprived of Sick Benefits.
Disputes Arbitrable
In case of malingering or chronic illness, the company may suspend this plan
as respects any such employee. In the event of any dispute arising in such
instance, the case may be referred to arbitration in accordance with the pro
visions of article — .
80. Discipline, Including Discharge for Abuse of Sick Leave. Company May
Modify or Terminate Plan at Expiration of Contract if Plan Abused
This [sick leave] plan is to aid employees in meeting their expenses while
suffering from illness or accident. Any employee submitting a claim based on
a false statement or covering a period during which the employee was not
actually disabled will be considered as abusing the sick leave privilege. Any
employee abusing this privilege will be subject to disciplinary action including
discharge. If it is clearly established that the terms of this plan have been
abused, the company reserves the right to modify or terminate the plan at the
expiration of this agreement.
81. Five Days9 Suspension for Feigning Illness
Proof that employee feigned sickness will be cause for 5 days’ suspension.
82. Union to Prevent Sick Leave Abuses
The union agrees that it will Undertake to prevent the abuse of sick leave
provisions by the employees.
83. Union to Discipline Members Abusing Sick Leave
Any member of the union found guilty of abusing the sick leave provision
contained in this agreement shall be subject to discipline not only by the company
but also by the union.
Exceptions and Limitations to Sick P ay
84. No Sick Pay for Illness due to Specified Causes
Any employee whose sickness is due directly or indirectly to intoxication, or to
the use of intoxicants, as a beverage, or to drugs or narcotics, or any immoral
conduct, or to injury received by fighting in any place where intoxicants are sold,
or other disreputable resorts, shall not be entitled to any sick benefit. All differ
ences of opinion hereunder to be decided by mutual consent of management and
union officials.
LEAVE OF ABSENCE
23
85. No Sick Pay fo r Illness Starting During Vacation Until S Days after Vacation
Period Terminates
I f a disability occurs while an employee is on vacation and continues beyond
the period of the vacation, disability pay allowance shall be paid hereunder after
the elapse of three regularly scheduled working days and only for scheduled
working days lost subsequent to the termination of the employee’s vacation period.
86. No Sick Leave Pay While on Vacation or on Lay-Off
No employee shall be entitled to receive illness or noncompensable injury benefit
while on vacation or while laid off.
87. Illness Originating During Leave Not Compensable
Employees on leave o f absence shall not be entitled to receive any pay from the
company, and shall not receive benefits under the Disability Benefit Plan or
Workmen’s Compensation Plan, or compensation for loss o f time resulting from
injury or sickness originating during such leave of absence.
Other Paid Sick-Leave Clauses
88. Sick Leave Pool o f Specified Number of Hours From Which All Employees
Take Lea/oe. One-Half o f Unused Balance Credited to Next Year’s Pool.
Improper Withdrawal Grounds for Disciplinary Action
The company will permit leaves of absence without pay roll deduction, at regular
hourly rates, for bona fide illness not exceeding 1,100 workdays for all employees
covered by this contract as a unit. All absences taken under this section shall
be charged against this pool and upon its exhaustion no further leaves, without
pay roll deduction, will be allowed. This pool will last 1 year from the date of
execution of this contract. At the expiration of the first 6 months the company
will add to the pool 5 days for each employee eligible thereto over the number of
employees eligible at the start o f the year. The company will upon request not
oftener than every 60 days, advise the duly authorized officers o f the union
empowered to receive such information the number of unused workdays remain
ing in such pool. At the expiration of the full year if there remains in said pool
any unused time, one-half of such balance will be added to the next year’s allot
ment. Eligible employees may draw on such pool for the time lost on compensable
accidents only to the extent necessary to bring their total compensation during
such absences equal to, but not in excess of, their regular hourly rate for their
regularly scheduled time lost/ The union will advise the company of withdrawals
from such pool for purposes other than bona fide illness and such improper
withdrawal will be considered as grounds for disciplinary action by both the
union and the company.
N ote : This agreement covers about 150 employees.
89. Total Sick Pay for All Company Plants Not to Exceed 1 Percent of Pay Roll
of Covered Employees
The company agrees to maintain at its expense the disability [benefit] plan
set forth in schedule. . . subject to the following limitations:
The total o f the benefits paid at all of the plants and branches of the
company and its subsidiaries included in the plan, wheresoever located, in a
fiscal year shall not exceed 1 percent of the total of the pay roll of the
covered employees at all such plants and branches and subsidiaries, where
soever located, and the company shall have the right, at any time, to make
24
COLLECTIVE BARGAINING PROVISIONS
such changes in the plan as it may deem necessary to operate it within said
limitation.
90. Unused Sick Leave Paid For at End of Calendar Year
During each calendar year, each employee who has been in the employ o f the
company for a continuous period of 1 year or more since the date of his most
recent employment by the company shall be granted 1 day’s paid sick leave for
each 4 calendar months’ service during the contract year. A day’s paid sick
leave shall consist o f the employee’s basic wage for an 8-hour day.
I f an employee is absent because of sickness during the contract year he shall,
upon supplying the company with satisfactory evidence of such sickness, be
entitled to receive all sick leave pay accumulated to the date of such notification
within 2 weeks after such notification. Any sick leave pay not paid during the
contract year shall be payable at the end of such year, even though the employee
was not sick, provided he has remained in the employ of the company until the
end of the contract year.
91. Unused Sick Leave Added to Vacation
Employees on the seniority list for 2 months shall receive 1 day and then 1
day for each additional month until at 6 months or more they shall receive 5 days
with pay each year. I f in any year, an employee will not consume the full 5
days’ sick leave, the unconsumed period shall be added to their vacation.
92. Five Days’ Accumulated Sick Leave Added to Vacation A fter 5 Years’
Service
After 5 years of continuous employment, employee may draw not more than
five consecutive days of his accumulated sick leave, if any, for additional vaca
tion to be taken at any time throughout the year as specified by the employer.
93. Payment of Sick Leave Allowance on Termination of Employment Due to
Physical Disability
I f a regular employee is required to leave the service of company because of
physical disability, he shall on severance of employment be entitled to an allow
ance which shall be the equivalent of the sick leave to which he would be en
titled under the provisions of section 1 and 2 hereof.
94. Unused Leave Paid to Heir on Death
There shall be granted to all employees upon completion of 30 days’ employ
ment with the same employer, sick and accident leave of not less than 6 days per
annum with pay. These 6 days per annum shall be earned at the rate of one-half
day per month, and shall accumulate from year to year to a maximum of 20 days.
Any time so earned, but not used, shall be paid to the beneficiary of the employee
in case of death. It shall be the responsibility of the union and the employer
to enforce this paragraph in order to prevent abuses of this privilege. The
union agrees to investigate all cases contested by the employer. Abuse o f this
privilege shall be cause for immediate discharge.
95. No Pay for Unused Sick Leave
Sick leave allowances shall not be convertible to cash bonus.
96. Company Sick Benefit Plan Subject to Changes
Employees absent from their work because of illness or accident will be en
titled to benefits in accordance with, but subject to the terms and provisions of,
the disability benefit plan adopted by the company and currently in effect, and
subject to any modifications or changes which may be made in said plan from
time to time.
25
LEAVE OF ABSENCE
97. Sick Leave Pay on Individual Case Basis: One-Year Service Requirement
The employer will follow its past policy of granting reasonable sick leave com
pensation to the employees who have been in its employ for a period of 1 year
from their starting date as listed in the contract. Such privilege may be revoked
in any instance where the employee is found to abuse such privilege.
98. Union May Raise Grievance on Company Pay Policy for Absence Due to
Personal Emergencies
When inequalities are believed to exist in the handling o f the company policy
which provides time off with pay for regular employees who are absent because
of personal emergencies, such as severe illness or death in the family, etc., the
union shall be entitled to file a grievance. It is understood and agreed that an
employee shall be required to inform the appropriate supervisor as to the reason
for any absences in order that the company may determine whether or not pay
shall be sustained for all or part of such absences.
99. Employer May Require Medical Examination by Own Physician Prior to
Payment
Each employee must support his claim for “ sick pay” allowance with proper
medical evidence and the employer reserves the right as a condition of payment
hereunder to have an examination made and treatment checked by a physician
of its own selection.
100. Pay for Balance of Working Day I f Excused for Personal Illness
An employee who reports to work and is excused for personal illness, shall
be paid for the remainder o f the tour. This provision shall not operate to limit
payments for full tour absences.
101. Maximum of 8 Hours9 Pay for Authorised Visits to Doctor in Occupational
Disease Causes
Any employee who, in the course of or arising out of his employment, is injured
or contracts an occupational disease, as defined by article I, section 108, of the
Pennsylvania Occupational Disease Act, shall receive his or her regular time or
day rate for any time lost while receiving treatment at the office of a doctor
provided the employee has been authorized to leave the plant, for treatment at
a doctor’s office, by the plant nurse. It shall also be required that the injured
or diseased employee, in order to receive pay for lost time, shall return to work
after treatment at the doctor’s office. No exception shall be made to this provi
sion except when the employee has been advised by the doctor in writing not
to return to work on that day. Under no circumstances, however, shall the pay
for the time lost exceed 8 hours’ pay at the regular time or day rate.
Maternity Leave
T he purpose o f m aternity leave clauses is tw o fo ld : (1 ) T o assure
safe work fo r women during pregnancy and (2 ) to protect the expect
ant mother against discharge, and loss o f her seniority standing dur
in g her absence, and to preserve her reem ploym ent rights i f she is
ready to return to work w ithin a reasonable tim e after childbirth.
M any agreements allow ing fo r leave o f absence fo r illness or other
good cause m ay be presumed to cover m aternity.
H ow ever, where the
allow able period o f absence for illness without loss o f seniority is rela
26
COLLECTIVE BARGAINING PROVISIONS
tively b rief, m aternity leave is effectively precluded. In addition, such
general leave clauses do not, in the absence o f an established plant
policy, assure safe work to pregnant women.
M ost o f the m aternity leave provisions do not provide pay benefits,
as in the case o f sick leave.
In a few agreements, however, compensa
tion is granted fo r a lim ited period and any additional absence is
p ayless; in others, m aternity leave may be charged to paid vacation
or paid sick leave benefits. M edical and other expenses in connection
with childbirth are covered under the health benefit plans included
in some agreements. (See forthcom ing bulletin on H ealth, S afety and
Em ployee Benefit P lans.)
A s in the case o f leave fo r other reasons, seniority m ay be frozen as
o f the date o f leave or m ay accumulate for the entire period or fo r only
part o f the period. Some agreements leave uncertain the seniority
status o f women on m aternity leave.
Perm issible period o f absence fo r m aternity leave varies greatly.
U nder some agreements, an employee must take leave fo r a specified
period before and after the expected date o f delivery, with extensions
perm itted when necessary; other agreements m erely indicate the
am ount o f leave perm issible.
Leave W ith Pay for Lim ited Period
102. Maternity Leave with 4 Weeks’ P a y; 1-Year Service Requirement
Maternity leave of at least 6 months shall be granted, with 4 weeks’ pay if
the employee has been continuously in the employ of the [employer] for 1 year
or more.
103. Maternity Leave with 6 Weeks' Pay under Disability Benefit Plan; 1-Year
Service Requirement
In cases of pregnancy any employee with one or more years of service will
be granted a maximum of 6 weeks of full pay calculated in accordance with the
provisions of the [disability benefit] plan.
104. Maternity Leave with Double Vacation Pay
The [employer] shall continue in accordance with its present policy to grant
maternity leaves o f absence of at least 6 months to female employees (including
part-time employees), except military absentees and temporary employees hired
for any purpose other than to replace a military absentee, who shall become
pregnant after having been in the employ of the [employer] for 12 months
after the date when they were last hired by the [employer]. Confinement for
pregnancy shall not be deemed to be a cause for dismissal.
An employee who shall be granted a maternity leave of absence in accordance
with the provisions of section 1 of this article shall receive, at the beginning
of such leave? vacation pay for any vacation to which she shall then be entitled
under the provisions of article . . . of this agreement plus a maternity allowance
equal to the amount of such vacation pay or, if she shall not then be entitled to a
vacation, equal to the amount of vacation pay received by her during her next
previous vacation.
27
LEAVE OF ABSENCE
I f an employee who shall be granted a maternity leave of absence in accordance
with the provisions of section 1 o f this article shall fail to return to work upon
the expiration of such leave of absence, she shall be deemed to have voluntarily
terminated her employment.
105. Limited Accumulated Unused Sick Leave Pay Given on Return to Work
A fter Pregnancy. Two Years' Service Requirement
Employees with two or more years of service shall be entitled to maternity leave
o f 4 to 6 months without pay at the option of the employee. Vacation accrued
during the current year may be taken as part of the maternity leave or as a
supplement to it at the option of the employee after consultation with the em
ployer. I f and when the employee returns to work she may receive compensa
tion not to exceed 3 weeks’ pay for unused sick leave accumulated prior to her
maternity leave. The employer will give special consideration to a request
for maternity leave to anyone employed more than 1 year but less than 2 years.
Maternity leaves must begin not later than the beginning of the seventh month
of pregnancy. The employee shall notify the employer of the date o f her return
1 month before she expects to resume work.
106. Bonus of 1 Week's Pay. Five Years' Service Requirement.
and End of Leave Specified
Beginning
Expectant mothers with 5 years or more o f service with the employer who
report their pregnancy within 6 months prior to birth will receive a leave of
absence of not more than 12 months without pay. Such leave of absence shall
begin not less than 5 months before birth and end not less than 7 months after
birth. Where leave of absence is taken such employee shall not lose seniority
which was acquired before the beginning of such leave of absence. All em
ployees applying for such leave of absence and having been employed with the
employer for a period o f at least 5 years shall receive 1 week’s pay at the time
of commencing such leave of absence. Such pay shall be based on average
straight-time earnings for the 6 weeks immediately preceding such leave of
absence.
Leave W ithout P ay
,
Duration, Commencement and Termination of Leave
107. U. S. Women's Bureau Recommendations Followed on Maternity Leave
The company shall allow adequate maternity leave before and after child
birth for all female employees, as recommended by the Women’s Bureau of the
United States Department of Labor.
108. Maternity Leave for “Reasonable” Time
Leave of absence will be granted to female employees for a reasonable length
of time to permit adequate confinement and recovery after the birth o f the child.
109. Minimum and Maximum Periods o f Leave Specified. Seniority Cumulative
During Minimum Period
Female employees who may become pregnant shall be allowed a leave o f ab
sence for a minimum period of 6 months and a maximum period of 1 year. The
leave o f absence of any such female employee shall commence within 3 to 6
months after she becomes aware of her pregnant condition and shall end within
3 to 6 months after the date of childbirth. The first 6 months of any such ab
sence from service shall not be deducted in determining the total length o f service
with respect to seniority.
791530°— £8----- 5
28
COLLECTIVE BARGAINING PROVISIONS
110. Maximum Leave— Two Years
Leaves of absence shall be granted for not more than 2 years for the following
reasons:
Pregnancy—for the duration of the pregnancy and for such reasonable time
thereafter as would enable the employee to return to work with safety to herself
and her child.
111. Maximum Leave—Eighteen Months. No Return to Work Until 6 Months
A fter Delivery
Female employees who desire it, may, by applying in writing, get a maternity
leave of absence for a period not to exceed 18 months. Such leaves of absence
shall be approved by the shop committee and the management. In no case will
the party be allowed to return to work until 6 months after delivery.
112. Maximum Leave—Five Months.
Starting and Termination Dates Specified
Leave o f absence for pregnancy shall not be for more than 5 months. Any
employee requesting such leave of absence shall furnish a physician’s statement
of the date of the expected childbirth, and shall then be granted leave beginning
3 months before and ending 2 months after that date.
113. Minimum Maternity Leave— Two Years
Any woman who has completed 1 year of service and who shall leave the
services of the company on account of pregnancy shall be entitled to a “mater
nity leave” in lieu of termination pay as provided herein.
Such maternity leave shall begin upon the date such employee shall leave
the employment of the company and shall continue for a period of 2 years
thereafter.
114. One-Year Maternity Learn; Option of Prior Return
An employee may obtain a maternity furlough for a period o f 1 year with
option of prior return.
115. No Time Specified fo r Commencement of Maternity Leave
A senior employee [those with 6 months’ continuous service] who becomes
pregnant will be given a leave of absence at any time during pregnancy on
doctor’s recommendation and extending for 4 months after the birth o f the child.
Extension of the leave may be made in cases where the employee’s physical
condition does not permit return to work, providing the claim is supported by
satisfactory evidence. Seniority shall accumulate during this period but for no
longer than 1 year.
116. Commencement and Duration of Maternity Leave at Discretion of Employer
Maternity leaves, not exceeding 12 months, shall be subject to the determina
tion of the employer as to time of commencement and duration. In no event
will any female employee be permitted to return to work before 3 months after
the bearing o f a child and then only with her doctor’s written consent and
approval of the employer’s medical department.
117. Company and Private Physicians to Determine Commencement and Ter
mination of Leave
Any woman employee who becomes pregnant will, upon request, be granted
a leave of absence. The medical division of the company, after consultation with
the employee’s physician, will determine when, prior to confinement, such leave
o f absence should commence and when, after confinement, the employee is
physically able to return to work.
LEAVE OF ABSENCE
29
118. Company and Union Designate Date When Maternity Leave Begins.
Seniority Cumulative for 1 Year
An employee may be granted a leave of absence upon presentation of a certifi
cate from her physician denoting pregnancy. The company and the union shall
designate the date upon which a pregnant employee shall be required to commence
leave of absence. Within a 4-month period after childbirth, she shall report to
the personnel department with a doctor’s certificate stating the date of birth
and declaring her physical fitness to resume work. Extension o f the leave may
be granted in cases where the employee’s physical condition does not permit
her to return to work providing the claims are supported by a doctor’s certificate
and made 1 week prior to termination of her leave.
Seniority shall accrue during this period but in no case beyond 1 year.
119. Maternity Leave Not to Exceed 4 Months A fter Birth. Medical Evidence
Required for Extension. Seniority Cumulative Up to 1 Year Only
An employee who becomes pregnant will be given a leave o f absence extending
for 4 months after the birth of the child, upon presentation of a doctor’s release.
Extension of the leave may be made in cases where the employee’s physical con
dition does not permit return to work, providing the claim is supported by satis
factory evidence. Seniority shall accumulate during this period but for no
longer than a year.
120. Extension of Maternity Leave Permitted for Good Cause
In maternity cases the leave of absence shall be for not more than 9 months,
subject to extension for good cause shown.
121. Extension of 1 Year Maternity Leave Limited to 60 Days
In cases where maternity leave is granted, seniority will not be affected nor
job considered permanent vacancy provided such leave is not for more than
1 year duration. In maternity cases, if at the expiration of 1 year’s leave, the
health of the mother or the child will not permit the mother to return to her
job, she may receive an extension of leave of absence by presenting the company
with a doctor’s certificate stating that the physical condition of the mother or the
child will not permit her to return to work, provided such extension shall not
exceed 60 days. I f any leave extends for a longer period than above provided
for then such persons will not be considered an employee of the company.
122. Company Doctor to Verify Fitness to Return to Work A fter Delivery.
sion of Leave Mutually Decided by Company and Union
Exten
Any female employee whose pregnancy is confirmed by her physician shall,
upon request, be granted a leave of absence without pay for a period commencing
not less than 6 weeks before delivery and ending not more than 2 months after
delivery. The fitness of any such employee to return to work shall be confirmed
by a company physician and if any extension of such leave is advised the leave
of absence will be extended for a period mutually agreed upon by the company
and the union.
123. Shorter Maternity Leaves Subject to Decision of Personal and Company
Physicians
In exceptional cases, employees may be permitted to work until 2 months prior
to date of confinement, or may return to work sooner than 2 months following
delivery provided their personal physician certifies they are able to perform
their regular work assignment, and the plant physician concurs.
N ote : Usual maternity leaves extend from 3 months prior to expected date of
confinement until 2 months following delivery.
30
COLLECTIVE BARGAINING PROVISIONS
124. Employee Option to Return Prior to Termination of Maternity L eave; Em
ployee to Give “ Sufficient Notice” o f Intent to Return
A maternity furlough shall be granted for a period of 1 year, with option of
prior return, and shall have seniority accrual pursuant to article 7, section (d )
[seniority]. Employees exercising the right to return to duty prior to the
expiration date of furlough may be required to give the company sufficient notice
to permit adjustment of force in, accordance with the provisions of this agreement.
Seniority and Other Rights During Pregnancy and Maternity Leave
125. Seniority and Other Specified Rights Cumulative.
Illness During First Year A fter Return
No Dismissal Pay for
At the request of the employee, maternity leave up to 12 months shall be
granted without pay to an employee of 1 year or more of service with the
[employer]. During such leave, the employee shall accumulate severance pay,
sick leave, vacation, experience rating or other credits. An employee returning
from maternity leave shall not, during the year following her return, be allowed
severance pay under (b) hereof because of any illness claim resulting from
maternity.
126. Seniority Cumulative During L eave; Rights to Promotion Opportunities
During Maternity Leave Forfeited
An employee who is granted a maternity leave of absence will continue to
accrue seniority during the period of such leave, but will not be entitled to any
promotions or move-ups which occur during the period o f such leave.
127. Seniority “Maintained” During Maternity Leave, Limited to 9 Months
Female employee in case of maternity shall be entitled to a leave of absence
not in excess of 9 months as they may choose, maintaining their seniority rating.
128. Employee Restored to Previous Job on Return
All female employees shall be granted leaves of absence for a period not exceed
ing 1 year for maternity reasons. Said female employees shall be restored to
their previous jobs upon their return to work.
129. Employee on Maternity Leave Placed on Preferential Hiring List Provided
Request Made Within 6 Months A fter Birth. Four-Month Trial Period on
Reemployment to Regain Seniority Status
Whenever an employee leaves the employ of the company to give birth to
a child, and such employee reports to the employment office within 6 months
after such birth that she desires to be re-employed, she will be placed on a
preferential hiring list and upon opening in her old department, the company
will re-employ such employee and after a trial period of 4 months if such employee
suitably performs the job, she will be restored to her position on the seniority
list.
N ote : The general leave of absence clause in this agreement allows leave "o f
a specified length of time” for union duties or activities and '‘other reasonable
cause” on "written permission of the general superintendent, without losing
seniority.” A maximum o f 1 year’s leave is specified under this section.
130. Special Working Conditions for Pregnant Employees
The following provisions shall apply to employees who become pregnant:
Whenever an employee shall become pregnant, she shall furnish the company
with a certificate from her physician stating the approximate date of delivery,
the nature o f the work she may do and the length of time she may continue
LEAVE OP AB SENCE
31
to work. Thereafter, upon the request of the company, she shall furnish an
additional certificate containing like information every 30 to 45 days.
She shall be permitted to continue to work, in suitable employment, in accord
ance with her physician’s recommendation; and she shall be allowed to work
until 2 months before the expected date o f delivery, if her physician certifies
that she is able to continue working.
She shall not be employed on the midnight shift; nor more than 8 hours a
day nor more than 48 hours a week; nor at any work requiring heavy lifting,
or continuous standing or moving about, or other work listed as hazardous
for pregnant women by the Children’s Bureau and the Women’s Bureau of the
U. S. Department of Labor; and she shall be allowed a 15-minute rest period
during each half o f the work shift.
Whenever she is required to interrupt her employment upon the advice of
her physician, she shall be immediately granted a leave of absence until she
is able to return to work. Upon presentation by her of a certificate from her
physician that she may return to work, she shall be so returned, and her
seniority shall accumulate during the period o f such leave of absence.
She may return to work after delivery upon the presentation of a certificate
from her physician that she is able to work. Upon her return she shall be
placed in suitable employment in accordance with the recommendation of her
physician.
Upon the expiration o f a period of 2 months after delivery, the company
shall have the right to require a physician’s certificate in support of her request
for a continuation of her leave of absence, at intervals of not less than 30 days.
It is understood that these clauses applying to employees who become pregnant
shall not be construed to deny or restrict, but shall be deemed to enlarge any
rights (including right involving leaves of absence or light employment) to
which they may be entitled under any other provisions o f this contract.
131. Pregnant Employees May Continue Working Only With Written Consent
of Doctor. Light Work Furnished, I f Possible
Female employees shall be entitled to 1 year’s maternity leave of absence
without pay, without loss of seniority. In cases of pregnancy, the employee will
only be allowed to continue at her work subject to a written approval o f her
physician, and all such employees shall notify the personnel director 3 months
after conception. The company will do its utmost to place such employees on
light work.
132. Pregnant Employees Transferred to More Suitable Employment I f Cirmmstances Warrant. Pregnancy No Cause for Denying Employment During
Pregnancy or Reemployment A fter Delivery
The company and the union both desire that everything possible be done to
protect the health of female employees during and after pregnancy. Every female
employee becoming pregnant shall immediately report that fact to the supervisor of
the * * * company medical department. The supervisor o f the medical de
partment will then consult the employee’s personal physician and make mutual
arrangements for the employee to remain at work, provided that it is her desire,
for such time as shall be consistent with the condition of her individual health
and welfare. Written certificates as to her condition may be required from the
attending personal physician. The supervisor o f the medical department will
inform himself of the nature and suitability o f the job at which such employee
is working and if the circumstances warrant, shall arrange for her transfer to
other and more fitting employment. During the employee’s absence for confine
ment she shall be given leave o f absence without loss of seniority, and placed
on the inactive list. Subject to a proper consideration for her own welfare and
32
COLLECTIVE BARGAINING PROVISIONS
the recommendations of the company’s medical supervisor and of her personal
physician, no female employee who becomes pregnant shall, for that reason
alone, be denied employment during pregnancy, nor be denied re-employment
upon return after her delivery.
133. Maternity Leave Limited to Married Women
Leave of absence without loss of seniority will be granted to married women
for a period not in excess of 1 year in case of pregnancy, provided that in such
case the leave of absence must be taken and commence at least 6 weeks before
birth of the child, and provided that such employee shall not return to work
without her doctor’s written consent, and in no case sooner than 3 months after
the birth of the child.
Leave fo r Union Business
I t is fairly general practice in collective bargaining to provide for
leaves for union business without loss o f seniority to workers.
Leave o f absence provisions fo r union business fa ll in two categories:
Long-term absences to union officials for the purpose o f carrying on
fu ll-tim e union duties, either at the national or regional lev el; or short
term absences fo r the purpose o f attending State, regional, pr national
conventions or to take care o f special union business.
A member o f
a union elected or appointed to a fu ll tim e union office is usually
granted leave fo r 1 year with renewal privileges, or the leave m ay
be fo r the term o f office, or for an indefinite period. Short-term
absences are usually granted fo r a 30-day period.
Agreem ents w ith such clauses often lim it the number o f employees
who w ill be eligible for such leaves or who m ay be absent at one tim e ;
lim it the duration o f leaves or the total accumulated time allowed for
leaves during a y e a r; and set lim itations on the type o f business for
which such leaves are granted. There may also be a m inimum service
requirement before an employee is allowed extensive leave.
Seniority is usually cumulative during all authorized periods o f
absence, and some agreements define exactly the status o f a returned
employee by specifying clearly how he is to be reinstated in his job
and how the effect o f pay increases which were granted during his
leave are to be applied.
Other agreements, however, are vague on
these points and merely indicate that seniority is retained during the
absence.
Seniority may accumulate during short-term leaves and be
frozen as o f the date o f commencement of long-term leaves.
134. Leave for Union Conventions, Full Time Union Office or Other Union Activ
ities: No Limit on Duration of Leave
The employer agrees that employees will be allowed the necessary period of
leave, without pay, to attend conventions, to hold full-time office in the union or
to perform other duties for the union.
135. Leave for Union Business: No Limitations
Any member o f the union who is required to attend a union function or perform
other duties on behalf of the union, necessitating a leave o f absence, shall, upon
LEAVE OF ABSENCE
33
application in writing to the personnel department, be granted such leave o f
absence by the company.
136. Leave for Full Time Union Office. Limit on Number Allowed Leave and
Term of Leave. No Seniority Cumulation
Not more than two employees who accept full time positions with the local
or international union or the State or National C. I. O. shall be granted leaves
of absence at one time and not in excess of two calendar years. The employees
accorded such leaves of absence forfeit all employee rights and privileges except
the right to be reinstated in their former positions after passage o f physical
examination with the seniority they had accumulated to the date they took such
leaves of absence.
137. Leave for Union Business: Limits on Duration; Number of Employees Absent
at Same Tim e; Number of Leaves in Year
Employees covered by this agreement elected as delegates to a union conven
tion or meeting, requiring a temporary leave of absence, will, upon written appli
cation made to the company 3 days prior to the date of the requested leave be
granted a temporary leave of absence without pay, provided said leave does not
interfere with production requirements, said leave of absence shall not, however,
exceed 10 days in duration and shall not be granted to more than 5 employees
at any one time for the same period and not more than a total of 10 such indi
vidual leaves of absence shall be granted during the year.
138. Leave Granted for Union Conventions. Forty-Eight Hours’ Notice of Names
of Delegates
Delegates to the annual and biennial conventions of the union shall likewise
be afforded time off, without pay, to attend such conventions, provided the union
shall give the names o f such delegates to the company, together with the begin
ning of the time that they shall be absent from their work, at least 48 hours in
advance.
139. Leave for Term of Union Office to 3 Employees. Seniority Cumulative
Employees, not exceeding three in number, accepting full time jobs as union
representatives, shall be given a leave of absence for a period not exceeding their
term of office without loss of seniority rights and with the privilege of reinstate
ment to their former or equivalent positions upon expiration of such leave at the
then prevailing rate of pay.
It is understood that an employee will, upon application, be reinstated to his
former or an equivalent position at the termination of the leave of absence at
the then prevailing rate for the work performed provided the employee has
seniority rights and is able to perform the work.
Seniority shall accumulate during all leaves of absence provided for above.
140. Number of Permissible Absences Graduated According to Size of Plant
Any 5 employees called for organization work for the union, provided such
employees have been off o f the job for a period of not more than 13 months, shall
not lose their seniority rights on the job, providing that only 1 employee be
taken from a plant employing under 25 employees and that not more than 2
employees be taken out o f a plant who operate between 26 and 50 employees and
further that not more than 3 employees be taken out of any one plant in such
plant where they employ between 51 and over and further that not more than
1 employee be taken out of any one department.
34
COLLECTIVE BARGAINING PROVISIONS
141. Two-Year Leave for Full Time Union Office* Must Return to Work for 1
Month Before Extension Will Be Granted. Seniority Cumulative
The company agrees to grant a regular furlough to any employee required to
devote his full time to union activities, but in no case to extend beyond a period
of 2 years. Employees thus furloughed will continue to accrue seniority during
the life of the furlough. If at the expiration of the 2-year period the employee
is to continue in his position with the union, he must return to the employ of
the company for a period of 1 month, unless the company at that time waived
this requirement, before a new furlough will be issued. The company shall be
given 2 weeks’ prior notice before any such furlough is to begin and shall be given
2 weeks’ prior notice before the furloughed employee is to return to work.
142. One-Year Leave for Full Time Union Office; Extension by Mutual Agreement.
Seniority Cumulative
Any employee elected or appointed to office in the [union, local], which office
takes him away from his regular employment in the plant, shall, at his request
receive a written temporary leave of absence for a period not extending beyond
1 year. Such leave of absence may be extended by agreement between the parties.
Upon expiration of his office, if before such leave of absence has expired, he shall
be re-employed at the work which he last did in the plant, with full accumulated
seniority providing that with such seniority there is such work in the company’s
plant, or, if his old job is not available, he shall be re-employed in accord with his
full accumulated seniority at work which he is capable of doing.
143. Indefinite Leave for Full Time Union Office
Employees accepting full time employment with the union or on special assign
ments in the interest o f the company shall be granted an indefinite leave of ab
sence by the company. The employee selected as system general chairman shall
have all employee benefits (except salary and workmen’s compensation insur
ance) continued in effect during his leave of absence. Under such leaves the
employee shall retain and continue to accrue seniority.
Employees hereunder returning from an authorized leave of absence, or ex
tension thereof, will be returned to the job held when the leave was granted.
I f the job no longer exists, he may exercise his seniority at the point where
previously assigned.
144. No More Than S Employees Granted Leave at One Time
The employer agrees to grant a leave of absence to union employees, not to
exceed three in number at any one time, who have been duly selected to attend
to official union business, for a period of 90 days, the total time not to exceed
6 months.
145. Reinstatement Rights Cover Employees Selected for Full Time Union Jobs
in Past. Must Request Reinstatement Within SO Days and Pass Physical
Examination
Any regular employee of the company, a member of the union covered by this
agreement who has been, or who may in the future be elected to or appointed to
a full time office in the union (local union, or international), shall upon his
retirement in good standing from said office be reinstated with full seniority
rights in the section of the company in which he was formerly employed, pro
vided he presents himself for reinstatement within 30 days from the date of his
retirement from said office, and provided the medical examination does not
indicate that he is physically or mentally unable to perform the work required.
35
LEAVE OF ABSENCE
146. Employee Returning from Union Leave Receives Wage Increases Granted
During Absence
Any employee elected to permanent office or as a delegate o f any union
activity necessitating a leave o f absence not to exceed 1 year, shall be granted
such a leave of absence without pay, and shall, at the end of his term in the
first instance, or at the end of his mission in the second instance, be reinstated
on his job at his former rate o f pay, plus any increase which may have become
effective during his absence.
147. Employees Must Agree to Demotions Recessary to Make Room for Workers
Reinstated A fter Leave for Union Job.
It is further agreed that any employee o f the company who resigns to accept
a position in the local union that will require him to absent himself from duty
to the company, shall at the expiration of his term of office be reinstated to his
former position including all his seniority time and rights as of date of leaving
the service o f the company, provided he is qualified and able to perform the
work. It is understood that in case of return of such a man, other men below
him on the senority list will consent to such demotions as are necessary to
make room for him. In case of lay-offs, time served as a representative of the
local union, in lieu of time worked for the company, shall be considered as time
worked for the company.
Requirements as to Notice and Approval
Em ployees desiring a leave o f absence usually are required to give
prior notice. T he notice period m ay or m ay not be specified. F re
quently, too, the notice m ust be in w riting.
W orkers absent because
o f sickness or other unforeseen emergency are generally excused, but
they are usually required to n otify their em ployer as soon as possible.
Em ployees on sick leave m ay also have to give advance notice o f their
anticipated return so that the em ployer can arrange work schedules
properly. D urin g extended sick leaves, workers m ay be required to
n otify their em ployer at specified intervals, particularly i f an ex
tension o f leave is desired.
Leaves o f absence fo r only a short period are often authorized by
an employee’s im m ediate superior but longer absences m ay need the
approval o f top management officials. U nder some agreements ap
proval by the union, as w ell as by management, is necessary to the
granting o f a leave.
A n employee whose request fo r leave is rejected is perm itted, in
some instances, to appeal through the grievance procedure. In other
cases, however, the em ployer’s decision on leave is accepted as final
and binding and, therefore, not subject to action under the grievance
or arbitration procedure.
Notice Requirements fo r Form al, Extended Leave
148. Written Request Required; Amount of Notice Not Specified
Whenever operating conditions permit, an employee may on written request
be granted a leave of absence without pay for a period not to exceed 30 days.
791530°— 48------ 6
36
COLLECTIVE BARGAINING PROVISIONS
I f conditions, justify, the employee may request an extension o f this leave o f
absence for an additional period not to exceed 30 days.
149. Two Weeks9Notice of Leave Required
Leaves of absence covered by this clause must be requested 2 weeks prior
to the date on which the leave of absence is to begin.
150. Written Request at Personnel Office for Leave Exceeding 7 Days; Copy of
Leave Request Furnished Union
An employee wishing to secure leave of absence of more than seven working
days’ duration shall request same from the overseer of his or her department and
shall sign a written request for such leave at the company’s* personnel office.
The personnel office shall promptly furnish the shop committee o f the union a
copy of the leave request and a statement of his decision if said leave is granted.
The request shall state the purpose for which such leave is requested and the
period for which such leave is desired, which shall not exceed 30 days except
in cases of pregnancy or illness, in which cases leaves of absence will be granted
for a period which shall not exceed 12 months. When an employee plans to be
absent for less than 7 days he should advise his supervisor. This notification
need not be in writing.
151. Requests for Leave Signed "by Management and Union; Copies of Approval
Given to Employee and Union
All leaves o f absence forms must be signed by the employee and approved by
the director of industrial relations or his duly authorized representative and a
member of the bargaining committee, and an approved copy of the leave of ab
sence application will be furnished to the employee and the union.
152. Leave Grants, and Duration of Leave, at Company9s Discretion
The granting or refusal of leaves of absence, as well as the period of time
for which leaves of absence shall be granted, shall be decided by the company,
except that it is agreed that due consideration will be given to the reasons pre
sented by the employee, as well as to the efficient operation of the plant.
153. Leave at Discretion of Authorized Company Representative. Union to
Receive Copy of Request and Copy of Decision on Leave
An employee may at the discretion o f the authorized representative of the
company be granted a leave of absence, providing a written request signed by
the employee, specifying the reasons therefor, is submitted to the personnel de
partment, at least 1 week in advance. The union shall receive a copy of any
request for a leave of absence, together with a copy of the decision made by the
authorized representative of the company. Seniority shall not accrue during
a leave of absence, except that in exceptional cases and subject to the discre
tion of the authorized representative o f the company a leave of absence may be
granted up to 2 weeks without loss of seniority.
154. List of Factors Governing Approval or Denial of Leave
Requests for leaves of absence shall be made in writing by filing the “ request
for leave of absence” on a form provided by the company and be approved by the
department foreman and personnel department. Approval or denial o f request
shall be based on (a ) Length of continuous company service; (b ) Reason for
leave; (c) Length of leave; (d ) Effect of leave on departmental production; and
(e) Availability of a temporary substitute. A request which is denied by either
the department foreman or the personnel department may be processed through
the regular grievance procedure.
LEAVE OF ABSENCE
37
155. Foreman May Approve Leave up to 15 D ays; Extended Leaves Subject to
Approval by Personnel Department
Supervision has the authority to grant a leave of absence except in cases of
illness or injury, up to 15 days. Such leave must be in writing. If circum
stances require that arrangements for such leave be made by telephone, the
employee should confirm his request at once by addressing a letter to his
supervisor.
The supervisor shall then make out the proper written authorization for the
leave. I f circumstances are such that the employee cannot contact his foreman
for a definite leave of absence but he writes a letter to his foreman without delay,
and requests a definite leave o f absence, every reasonable consideration will be
given to his request.
Leaves of over 15 days but not in excess o f 90 days can be arranged only
through the personnel department, by supervision. Such leaves must be in
writing. The regular physical examination given to the employee returning
from a leave of absence shall be for the purpose of calling the attention o f the
employee to a physical defect or shortcoming and to keep from resuming work
an employee having an infectious or a contagious disease.
156. Leave Subject to Approval of Labor Manager
Leave of absence may be granted at the option of the management, at the
request of employees to their foreman, for reasons satisfactory to the manage
ment and only for the period specified in the written leave and in accordance
with the conditions written in the leave. All leave of absence and any exten
sion of them must be approved by the labor manager.
157. Leave Granted at Discretion of Manager or Superintendent
Any employee may be granted leave of absence without pay at the discretion
of the manager or superintendent, with the assurance o f old position and rights
upon return.
158. Sick Leave Granted Automatically; Other Leave Discretionary
An employee who is ill, who so notifies the personnel department, and whose
claim of illness is supported by satisfactory evidence shall be granted sick leave
of absence automatically and without loss of seniority.
Any employee desiring leave o f absence shall apply to his departmental super
intendent, who may grant a leave of absence not to exceed 30 days, without
loss of seniority. Such a leave o f absence upon a showing of reasonable ne
cessity may be extended. In the event any leave o f absence or extension thereof
is denied, it may be presented as a grievance.
159. Joint Approval of Leave by Employer and Union Required
All leaves of absence must be agreed to by both the employer and the shop
committee of the union. The employer must grant a leave of absence without
pay for 30 days. Said leaves may be extended for additional 30-day periods,
provided such leaves and extensions are approved by the union. Should such
leaves be granted the employer shall notify the employee and the union in
writing.
160. Joint Union-Management Approval Required for Leaves Over 10 Days
All applications for leaves o f absence shall be in writing signed by the em
ployee and made to the company. Applications for leaves of absence in ex
cess of 10 working days shall not be granted except, with the mutual approval
of the company and the union. No leave of absence will be granted for an em
ployee to work for any other employer; provided that leaves o f absence will be
granted for an employee to engage in service or employment by the union.
38
COLLECTIVE BARGAINING PROVISIONS
161. Union Notified Before Leave Granted
Leaves of absence may be granted employees for periods not exceeding 1 year
for reasons deemed sufficient by the company. Employees on such leaves of
absence shall continue to accumulate seniority rights. The union shall be noti
fied before such leaves of absence are granted.
162. W eekly Notice to Union of Leaves Granted
The company shall notify the union in writing once each week of any leaves, of
absence granted to employees during the preceding week.
163. Denial of Leave Bequest by Foreman Subject to Grievance Procedure
A leave o f absence may be granted seniority employees for personal reasons,
hot to exceed 30 days. Such leaves are subject to the approval of the applicant’s
foreman, and they may be renewed providing extenuating circumstances exist.
I f leave is denied by the foreman, it shall be subject to appeal through the griev
ance procedure.
164. Grievances Over Leave Bequests Subject to Arbitration
The refusal to grant a leave of absence for the above specified or other reasons,
or discrimination between employees in the granting or refusal of leaves of
absence, shall be subject to the grievance procedure and arbitration clauses of
this agreement.
165. Denial of Bequest for Leave Over 2 Weeks Not Arbitrable
A request for leave of absence in excess of 2 weeks which has been denied may
be submitted to the grievance procedure but not to arbitration.
166. Extension Must be Bequested Before Leave Expires
If an extension o f leave is desired, application for the extension shall be made
in advance of the expiration date. Extensions of leaves of absence shall be for
periods of not more than 30 days.
167. Employer May Cancel Leave for Just Cause
All leaves of absence may be canceled by the employer for just cause and, if
canceled, the employer shall send to the employee a written notice of recall accord
ing to the terms of article X III.
N ote.— Article X III provides for termination of employment upon failure to
return to work within 10 days after written notice of recall.
NOTICE REQUIREMENTS FOR EMERGENCY ABSENCE OR ILLNESS
168. Notice to Company Within 48 Hours of Illness
Each employee must notify the company immediately, but not more than 48
hours, after he has knowledge that he will be unable to report for work on
account of illness.
169. Employee Besponsible for Notifying Supervisor of Inability to Beport for
Duty
An employee hereunder prevented from reporting for duty shall promptly notify
his immediate superior, giving the reason for his inability to report for duty.
The responsibility for making sure that the employee’s immediate superior is
promptly notified is the responsibility of the employee who is prevented from
reporting for duty.
LEAVE OF ABSENCE
39
An employee hereunder shall not be absent from duty without prior permis
sion in writing, except for reasons of sickness, injury or other cause beyond the
control of the employee.
170. Graduated Penalties for Unexcused Absence from Work
Any employee not on leave o f absence is expected to report for work on his or
her job any day their job runs (Saturday and Sunday included) unless a reason
able excuse is submitted. Failure to do so shall incur upon first violation, a lay-off
of 1 day and upon second violation a lay-off of 1 week and upon third violation
shall be discharged. (Each day shall constitute a separate offense.) When an
employee cannot report for work due to proved sickness or unavoidable cause,
he or she shall make every effort to notify plant officials personally or through
another party beforehand of his or her inability to report for work. Proven
misrepresentation of facts shall be just cause for dismissal.
171. Employee Failing to Give Proper Notification Put on Probation While Matter
Being Investigated
Any employee who finds it necessary to be absent from work by reason of illness
or other emergency shall notify the company prior to or during his next regular
shift unless providentially hindered from reporting, such notification to constitute
application for leave of absence. Employees failing to do this shall work for no
more than 6 days on probation while the matter is being investigated. The over
seer may take up to 3 days to investigate. If, in his judgment, the worker was
not providentially hindered, the overseer shall advise the shop steward and the
worker in the department accordingly. The shop steward thereupon shall have up
to 3 days to investigate. If he is satisfied that the overseer is correct, he shall
notify the overseer. I f he feels the overseer is wrong, he shall notify the overseer,
and the overseer will take whatever action he feels is right. If the worker feels
aggrieved, he may bring a grievance in the usual manner.
Employees absent because of extended illness shall be granted leaves of absence
for duration of illness upon application and presentation of reasonable proof.
Reports shall be made to the company and the local union quarterly.
Penalties fo r Disregarding Conditions o f Leave
Penalties are sometimes provided when employees overstay their
leave; work elsewhere during the leave p eriod ; fa lsify their reasons
fo r obtaining leave; take leave w ithout authorization; or fa il to
com ply in other ways w ith the contractual (or p lant) rules governing
leaves o f absence.
Penalties m ay take the form o f loss o f seniority
and reemployment rig h ts; discharge; cancellation o f leave; loss o f
righ t to accumulate seniority during the period o f their leave; or
other disciplinary action.
Even though the leave clause m ay not specify penalties fo r over
staying leave, loss o f seniority m ay result under other clauses o f the
contract, specifically, those outlining the circumstances under which
seniority is lost.
172. Seven-Day Lay-off for Failure to Report at Expiration of Leave—Discharge
for Second Offense
A worker failing to report back on or before the regular starting time of his
shift on the expiration date of the leave of absence which may have been granted
40
COLLECTIVE BARGAINING PROVISIONS
to him except where prevented by illness or providential cause, shall be subject
to a 7-day lay-off on the first occasion of such failure. On the second occasion
of such failure to report back, as outlined in the previous sentence, the worker
shall be deemed to have terminated his employment with the company as of that
date. I f such employee is subsequently reemployed, such reemployment shall
be as a new employee.
173. Seniority Lost on Failure to Report at End of Leave, Unless Due to
Sickness
I f an employee fails to report for work at the end of his leave of absence,
unless prevented by sickness or other disability, he shall automatically forfeit
his seniority rights.
174. Overstaying Leave or Work During Leave Considered Resignation
A regular employee may, for justifiable reasons, be granted a leave of absence
without pay after reasonable notice to the company, provided the conditions of
work are such that his services can be spared. During these leaves o f absence
seniority shall accumulate. I f an employee overstays such leave, or if he
accepts employment elsewhere during such leave without consent of the com
pany, he shall be considered to have resigned.
175. Failure to Obtain Written Permission for Leave Results in Loss of Seniority
Rights
Any union employee desiring a leave of absence from the job shall secure
written permission from the employer. Failure to comply with this provision
shall result in the complete loss of seniority rights of the employee involved.
176. Reduction of Seniority as Penalty for Falsifying Reasons for Leave
The company shall have the right to investigate the reason given by the
employee in requesting a leave of absence either before or after granting such a
leave provided the prior investigation shall not delay action on the leave. If
the worker is found to have misrepresented the reason for such a request and
the leave has been granted, the worker’s seniority shall be reduced by 1 month
or by the number of days of absence, whichever is greater. The company
shall have the right to discharge an employee upon the second or subsequent
offense of obtaining a leave of absence on false grounds.
177. Employee to Furnish Periodic Medical Statements During Sick Leave or
Face Discharge
When an employee requests a leave of absence because o f illness the com
pany may require medical proof of illness before granting such leave. The
employee shall submit to the company’s industrial relations department not
later than 30 days after the beginning of his leave of absence, and at least
every 30 days thereafter, a written report from the company’s medical director
or his own physician, who shall be a licensed medical doctor, giving pertinent
information such as nature of illness, progress made, approximate date of
return to work, etc. Failure to comply will result in discharge at the company’s
discretion, except that before being discharged, such employee will be granted
a 15-day period of grace.
178. Employee Must Keep Company Currently Informed of Length of Illness
Whenever an employee is absent because of claimed illness or injury, he
shall notify his immediate supervisor as early as practicable and shall keep the
company currently informed as to how long he will be off. However, anyone out
sick must submit a doctor’s statement showing their disability still exists when
requested to do so by either or both the company or the union. If such a state
LEAVE OF ABSENCE
41
ment is not furnished, they must return to work in accordance with the seniority
agreement or lose their seniority. Upon his recovery, he shall be reinstated
by the company to his original job without loss of seniority.
Conditions Governing Return to Work After Leave
Occasionally, a physical exam ination is required fo r employees re
turning to work after sick leave or after leaves fo r other reasons which
exceed a specified period o f tim e. Advance notice o f intent to return
to work is sometimes required so that the em ployer m ay make the neces
sary personnel adjustm ents.
Return to work prior to the expiration
o f the stated leave is sometimes allowed, subject to some restrictions.
179. Physical Examination Required on Return A fter Sick Leave Exceeding SO
Days. Must Start Work in S Days if Found Physically Fit
In the case of absence for 30 days or more due to illness, the employee is re
quired to submit to an examination by the company’s physician. An employee
whose physical examination shows that he is fit to return to work must do so
within 3 days or lose his seniority rights.
180. Physical Examination Required on Return After Sick Leave or Other Leave
Over SO Days. Differences Adjusted by Company and Union Doctors
Persons desiring to return to work following a sick leave of absence must first
pass a physical examination by the company doctor and submit a statement from
their own doctor to the effect that they are physically able to resume their normal
operations. Persons who have been on other types of leaves for more than 30
days must also pass a physical examination by the company doctor. I f the em
ployee is dissatisfied with the doctor’s decision, a consultation between the
company’s doctor and the director o f the [union] health institute shall be had
finally to determine the matter.
181. Company Must Receive Monthly Notice o f Employee’s Desire to Return
from Leave
Sick leave for illness of sufficient severity to prevent attendance at work will
be granted for a period not exceeding 60 days, unless otherwise arranged, in
which case employees must notify employer every 30 days thereafter of desire to
be considered for employment when able. Employees who have earned seniority
and return shall do so without loss o f seniority.
182. Twenty-Four Hours’ Advance Notification of Return Required
Employees returning from illness or injury shall give the company 24 hours’
notice in advance of their regular starting time.
183. Reemployment Before Expiration of Leave Allowed Provided No Bumping
Necessary to Reinstate Employee
Any employee desiring to return to work in line with his seniority before the ex
piration of his leave of absence must make written application to the company.
However, he may only be re-employed before the expiration of his leave if such
re-employment can be offered without disturbing the working force. In no event
will he be permitted to bump another employee before the normal expiration
date of his leave of absence. The company shall have a period of 7 days in which
to effect such re-employment.
42
COLLECTIVE BARGAINING PROVISIONS
184. Reemployment Before Expiration of Leave at Company's Discretion
The return of an employee to work before the expiration of his leave of absence
is at the option of the company.
185. Employee Put at Bottom o f Seniority List When Returning to Work Prior
to Expiration of Leave
Any employee returning to work prior to the expiration of his leave of absence
shall be allowed to w ork ; provided a job is available but shall be placed at the
bottom of the seniority list and shall be subject to lay-off as a probationary em
ployee until such time as his leave of absence expires. He shall accumulate
seniority during the time he works prior to the leave expiring.
Chapter 2 .— M ilitary Service Leave
Introduction
W ith the induction o f workers into the armed forces virtu ally at a
standstill and the process o f dem obilization practically com pleted,
the importance o f m ilitary service clauses in collective-bargaining ne
gotiations has decreased considerably.
Since the basic rights o f em
ployees on m ilitary leave are generally defined by law , the scope o f
bargaining on this subject is lim ited. Nevertheless, practically all
union agreements contain clauses pertaining to m ilitary service. Such
clauses are designed to serve any or all o f the follow ing purposes:
(1 ) T o provide additional benefits and guarantees beyond those
included in the law.
(2 ) T o clarify and interpret the general provisions in the law
in relation to conditions which exist or are likely to exist in the
particular plant.
(3 ) T o incorporate the legal guarantees w ithin the fram ework
o f collective bargaining, thus perm itting unions to rely upon their
economic strength as a means o f enforcement in addition to in
dividual recourse to legal su it.” 12
The m ost controversial issue regarding veterans’ rights has been that
o f “ superseniority,” i. e., whether or not a veteran is entitled to rein
statement in his form er position or one o f like seniority, status, and
pay even though such reinstatement necessitates the discharge o f a
nonveteran with greater seniority. Selective Service headquarters
interpreted the law to mean that veterans had absolute priority on
their form er positions or sim ilar positions, both at the tim e o f return
from m ilitary service and during the first year after reinstatement.
On the other hand, unions and m any employers fe lt that veterans
should not displace non veteran employees with greater seniority. T he
issue was decided by the U . S . Supreme Court in Fishgold vs. Sullivan
D ry dock and Repair Corporation?
T he Court here stated:
“ B u t we would distort the language o f these provisions [o f
the statute] i f we read it as granting the veteran an increase in
seniority over what he would have had if he had never entered
the armed services.
W e agree with the Circuit Court o f A ppeals
that by these provisions Congress made the restoration as nearly
a complete substitute fo r the original job as was possible.
step-up or gain in priority can be fa irly im plied.
No
Congress pro
tected the veteran against loss o f ground or demotion on his re1 “ Military Service and War Job Clauses in Union Agreements,” a study published by the
Industrial Relations Division of the Bureau of Labor Statistics in August 1942.
2 66 Supreme Court 1105.
43
44
COLLECTIVE BARGAINING PROVISIONS
turn. T he provisions fo r restoration without loss o f seniority to
his old position or to a position o f like seniority mean no more
* * * Congress recognized in the act o f existence o f seniority
systems and seniority rights.
I t sought to preserve the veteran’s
rights under those systems and to protect him against loss under
them by reason o f his absence. There is indeed no suggestion th at
Congress sought to sweep aside the seniority system.
W h a t it
undertook to do was to give the veteran protection w ithin the
fram ew ork o f the seniority system plus a guarantee against de
m otion or term ination o f the em ploym ent relationship w ithout
cause fo r a year.”
Even though a veteran is reinstated to his form er position, he m ay
not fu lly recapture the position he would have had, had he not le ft
fo r service.
Despite the practical difficulties involved in determ ining
whether an individual would have been promoted and the extent o f his
prom otion, a sm all number o f agreements provide fo r the reem ploy
m ent o f veterans at positions which they would probably have attained
had their employm ent not been interrupted by m ilitary service.
A nother situation in which unions and em ployers sometimes go
beyond the requirement o f the law is that involving veterans not previ
ously employed by the company.
M any veterans were students at the
time o f induction, were unem ployed, were not in the labor m arket, or
fo r other reasons had no job on which they claim reem ploym ent rights
upon dem obilization. O ther veterans acquired new skills or interests
in the armed forces and did not want to return to their form er jobs.
T o meet such situations, a few agreements allow seniority credit fo r
tim e spent in m ilitary service once the veteran has com pleted the pro
bationary period required o f all new employees.
W here union membership is a condition o f em ploym ent, returned
veterans are exempted from the membership requirement under the
term s o f some agreements.
Such an exem ption is m ost likely to be
granted where the union shop was established during the veteran’s
absence.
The Selective Service A c t does not define in precise term s whether
seniority is frozen as o f the tim e o f departure or is accumulated during
the period o f m ilitary service.
H ow ever, Selective Service head
quarters and the courts have interpreted the act to require accumula
tion o f seniority and m ost union agreements specifically provide fo r
such accumulation.
A lthou gh the Selective Service A c t does not guarantee reinstatem ent
to employees who held tem porary positions at the tim e o f induction,
m any agreements extend reem ploym ent rights to such employees.
Even fo r permanent employees, the right to reem ploym ent after
m ilitary service is not an absolute right.
N ot only must the seniority
M ILITARY SERVICE LEAVE
45
o f nonveteran employees be considered (under the term s o f m ost
agreem ents), but certain qualifications on the right to reem ploym ent
are specified by the Selective Service A ct— the veteran m ust have a
certificate o f honorable discharge, must apply for reinstatement w ithin
90 days after discharge, must still be qualified to perform the duties
o f his old position, and his em ployer’s circumstances m ust not have
so changed as to make it impossible or unreasonable to reem ploy him .
Agreem ents usually incorporate these provisions o f the act although
special consideration is often given employees disabled during m ilitary
service.
Such employees are often given preference fo r any job they
can perform , even i f the seniority provisions o f the agreement must
be waived or modified in order to place them .
Definition o f Military Service
The Selective Service A c t defines m ilitary service as active duty with
the A rm y, N avy, M arine Corps, or Coast G uard.
Officers o f the
U nited States Public H ealth Service are also covered when detailed
fo r duty w ith the A rm y or N avy.
Service in the M erchant M arine is
covered by another act sim ilar to the Selective Service A c t, and em
ployees returning from such service are legally entitled to reem ploy
ment although m ost agreements do not specifically m ention them.
Agreem ents negotiated before 1941 often restricted the benefits o f
their m ilitary service provisions to employees drafted into the armed
forces.
T he Selective Service A c t was amended in 1941 to cover all
employees entering m ilitary service after M ay 1 ,1 9 4 0 , whether volun
tarily or involuntarily, but some agreements still specifically exclude
employees who voluntarily enlist in peacetime. M any recently nego
tiated contracts do not grant reemployment rights to employees who
volunteered after M arch 31, 1947, when the Selective T rainin g and
Service Law o f 1940 expired.
A few agreements expressly include service in State m ilitary organ
izations, the Am erican Red Cross, and the various women’s forces.
A lthou gh a national labor d raft never m aterialized, some agreements
specified that labor draftees be granted the same rights as those
accorded employees in m ilitary service.
1. Military Service to Include All Branches o f Armed Forces
Any employee covered by this agreement who enters active duty in the Army,
Navy, Marine Corps, or any other branch o f the United States Military Service,
and who
(1) is still qualified to perform the duties of his former position and
(2) makes application for reemployment within 60 days after he is re
leased from active duty or service.
The employer shall restore such person to employment and his status with
respect to other employees shall be the same as if he had not entered the service
herein specified.
46
COLLECTIVE BARGAINING PROVISIONS
2. Merchant Marine Included
The following provisions concerning veterans shall apply to men and women
who shall have served in the land or naval forces of the United States or in the
United States Merchant Marine in World War II.
3. Entry into Merchant Marine prior to VJ-Day Included
Employees who entered the Merchant Marine Service prior to August 14,
1945 (VJ-day) shall be considered as servicemen, and as such are entitled to the
rights prescribed by law.
4. State Military Service Co vered
Any employee who shall be accepted for military service, State or Federal, and
so notify the company, upon release from such service, shall be restored to the
job held by him upon entering the service, or to a job o f like seniority, status, and
pay, unless the company’s circumstances have so changed as to make it impossible
or unreasonable to do so, provided that he is still qualified to perform the duties
of such position, and makes application for reemployment within 90 days
after he is discharged from such service.
5. American Red Cross Included
Employees entering military service under the Selective Service Act, or, who
have enlisted in the armed forces of the United States, or, for full time paid
service with the American lied Cross since its enactment, will, upon completion
o f their enlistment or draft service, if honorably discharged, if they apply for
work within 40 days, and, if they are physically qualified to perform the work
available, retain all seniority, vacation, and other rights with the company, and
will be returned to their job, or to one of like seniority status, and pay, and will
upon proper request, when reporting within the 40 days, be granted additional
time in which to return to work.
6. Women’s Service Forces Included
The foregoing paragraph shall apply in all particulars when any employee
is commissioned or enlisted in the WAVES, SPARS, or the WAACS.
7. No Distinction Between Voluntary and Involuntary Service
The term “ separation from employment for armed service,” as used herein,
means the separation of any regular employee from his employment by reason
of induction into the land or naval forces o f the United States for training and
service, whether as a result o f conscription or enlistment.
8. Voluntary Peacetime Service Excluded
This clause shall not be applicable to those employees who voluntarily remain
in the armed or naval forces of the United States Government at the close of
present hostilities or who, after the close of hostilities, reenlist for further service.
9. Labor Draftees Covered by Reemployment Guarantee
The members of the associations agree to restore to their employ all of their
regular workers who were conscripted and inducted directly into service of the
Government for the armed forces or war work.
10. Military Service Leave Granted Prior to Expiration of Draft Law Included
Military leaves of absence which were granted according to the provisions of
the Selective Service and Training Act of 1940 and the Merchant Marine Act of
June 23,1943, both as amended, shall be honored, provided such leaves of absence
were approved by the plant manager prior to April 1,1947.
M ILITARY SERVICE LEAVE
47
11. Distinction in Reemployment Guarantee Between Service Before and A fter
Expiration of Draft Law
Employees who entered the armed forces on or before March 31, 1947, shall
have the same reemployment rights as provided under section 8 of the Selective
Training and Service Act of 1940, as amended.
Employees who enlist in the armed forces on or after April 1, 1947, shall have
such reemployment rights, if any, in effect under the law at the time of application
for reemployment.
12. Military Leave Covers Volunteers or Conscripts up to VJ-Day; Conscripts
Under Selective Service Act Thereafter
Any employee who, between September 16,1940 and August 15,1945, voluntarily
or by conscription entered the armed forces of the United States including the
Merchant Marine, and any employee who, since August 15, 1945 was inducted
into the armed forces of the United States by operation of the Selective Service
Act of September 16, 1940, shall be deemed on leave of absence without pay,
during which period seniority status shall accrue.
Benefits to Employees Entering and in Military Service
A lthough provisions granting special benefits for employees enter
ing the armed forces are now o f little im portance in view o f the virtual
discontinuance o f induction, some recent agreements continue to pro
vide fo r such benefits. U sually the benefit takes the form o f a bonus
although in some cases the em ployer pays life insurance premiums
fo r the employee or grants em ploym ent preference to his dependents
while he is in m ilitary service.
A few agreements grant a bonus to all employees entering the
armed forces, but more com m only, a minimum length o f company
service is required and often the amount o f the bonus is graduated
according to length o f service. In rare cases the amount o f the bonus
varies w ith the employee’s m arital status or number o f dependents.
A nother type o f eligibility provision, designed to insure that the bonus
is restricted to employees who are actually inducted, requires the
employee to serve a specified minim um period in the armed forces
before receiving a bonus.
Under the terms o f some agreements, peacetime volunteers are not
entitled to a bonus.
The em ployer in some cases is given the option
o f discontinuing bonus paym ents at any tim e.
(F o r clauses regarding the paym ent o f vacation allowances to em
ployees leaving fo r m ilitary service, see B ulletin 9 0 8 -2 , V acation s;
H olidays and W eek-E n d W o rk .)
13. Bonus to All Employees Entering Military Service
All employees inducted into the armed forces shall be given 1 week’s sever
ance pay.
48
COLLECTIVE BARGAINING PROVISIONS
14. Six Months’ Company Service Required for Bonus
If any regular employee has been continuously employed by the employer for
at least 6 months immediately preceding his separation from employment for
armed service, he shall receive 4 weeks’ base pay at the time of his induction
into such service.
15. Amount of Bonus Graduated According to Length of Company Service
Any employee who is hired on or after the effective date of this contract
and who after completing at least 3 months’ service with the company is then
inducted into the armed forces of the United States pursuant to the provisions of
the Selective Service Act of 1940, as amended, shall receive upon final acceptance
into the armed forces and upon forwarding to the company his final, permanent
address a bonus based on the following schedule:
3
6
9
12
months’
months’
months’
months’
service completed------------------------------------------ $ 25.00
service completed____________________________
50.00
service completed____________________________
75.00
or more service completed----------------------------- 100.00
16. Completion of 1 Month’s Military Service Required for Bonus
The company agrees to pay a military service allowance o f 1 month’s pay
(173 straight-time hours at the employee’s rate at time of induction) to all
employees who have completed 1 year’s service with the company as of date
of induction and who are inducted into the armed forces of the United States
under the Selective Service Act. The employee shall receive this payment after
he has completed 1 month’s service in the armed forces.
17. Bonus Based oh Percentage of Wages Received Since Specified Date
In the event any of our employees are inducted into the armed forces o f the
United States, they shall be paid a sum equal to 2 percent of the wages paid
from June 1,1942 up to the time of induction.
18. Amount of Bonus Varies with Number of Dependents
Upon induction, whether voluntary or otherwise, of any employee into the
armed forces of the United States of America, he shall receive an amount to be
paid as follow s:
Single employees shall receive 1 week’s pay at the regular rate of pay.
Married employees without children shall receive 2 weeks’ pay at the regular
rate of pay.
Married employees with children, 2 weeks’ pay plus 1 week’s additional pay at
the regular rate of pay for each child.
19. No Bonus for Peacetime Volunteers
Any employee who, during his employment hereunder, has been employed for
1 year or more, shall receive at the time of his entry into the armed services, 1
week’s severance pay and pay for his accrued vacation rights under this contract.
I f an employee volunteers into the armed services while the country is at peace,
no separation allowance is due him.
20. Company Option of Discontinuing Bonus
The company has a present policy of giving to employees entering into military
service the sum of $35 and has no present intention of discontinuing that policy,
but the company reserves the right at its own discretion to discontinue such
payments whenever it deems it proper or desirable to do so.
M ILITARY SERVICE LEAVE
49
21. Payment for Time Lost Became of Preinduction Physical Examination
Any employee called for induction in the armed forces shall be reimbursed at
straight time for not to exceed eight scheduled working hours lost on account
of a required preinduction physical examination.
22. Employer Pays Premium on National Service L ife Insurance
I f any of the above employees are insured under the company’s group life
insurance plan, the company will cancel the group life insurance and in its place
will pay the entire premium for a corresponding amount of insurance purchased
by such employees under -the National Service Life Insurance Plan, provided that
the entire premium will not cost the company in excess of 76 cents per $1,000.
This arrangement covering life insurance will be reviewed from time to time
in the light of developing conditions. The company reserves the right to cancel
the life insurance premium if conditions necessitate such cancellation, but the
company agrees that no action in this regard will be taken without first notifying
the union.
23. Employer Maintains Group L ife Insurance Policies for SI Days After Induction
All employees who, during the existence of the present state of war, leave the
service of the company to enter the military or naval forces of the United States
Government shall have the benefits of their group life insurance policies main
tained by the company for a period o f 31 days from the date each leaves the
employ o f the company.
24. Group Insurance Maintained by Employer I f Employees Pay War Risk
Premium
The group insurance accruing to any employee called for military service will
be kept in force during his absence, providing said employee pays the premium
required by the insurance company for war risk.
25. Employer Maintains Hospitalization Insurance for Families of Employees in
Military Service
The company shall continue full payment of all group sick, accident, and hos
pital insurance for all employees. The company will continue full payment of
hospitalization insurance carried on the families of all employees that may be
called into the armed forces.
26. Dependents of Employees in Military Service Given Preference in Hiring
In the event an employee is inducted into the armed forces of the United States
during the war, the company agrees that it will give special consideration to the
employment of any dependent or dependents of such employees who make applica
tion as such.
Seniority o f Employees in Military Service
The Selective Service A c t provides that employees “ shall be con
sidered as having been on furlough or leave o f absence during his
period o f active m ilitary service” and “shall be restored without loss
o f seniority.” 3 Selective Service headquarters interpreted the act to
mean that seniority accumulates during m ilitary service, and this in
terpretation has been generally accepted.
M ost agreements specifi
cally provide fo r accumulation o f seniority during m ilitary service.
3 Selective Training and Service Act, 1940, as amended, section 8 (c).
50
COLLECTIVE BARGAINING PROVISIONS
T his provision is o f great importance to the veteran since his status
relative to nonveteran employees may be h ighly disadvantageous i f his
seniority is frozen at the tim e o f induction. Nevertheless, some agree
ments are vague on this point, stating m erely that employees “ retain
seniority while in m ilitary service.”
Agreem ents generally perm it the accumulation o f seniority during
m ilitary leave fo r as lon g as 90 days after discharge, and some agree
ments further provide fo r accumulation during additional leaves o f
absence and hospitalization periods up to 1 year.
In cases where the em ployer is unable to reemploy the veteran im m e
diately after discharge, the question sometimes arises as to whether
the employee is given seniority credit for his m ilitary service if reem
ployed some tim e later.
A few agreements cover this point by specify
in g that there w ill be no further accumulation o f seniority after dis
charge but that employees w ill receive seniority credit fo r m ilitary
service i f reem ployed w ithin a specified period after discharge.
The
period o f seniority retention most commonly specified is 1 year.
Some agreements stipulate that temporary employees or appren
tices shall not accumulate seniority during military service.
Others,
however, credit time spent in m ilitary service toward the completion
o f the probationary period.
In rare cases, agreements grant employees in the armed forces a
seniority premium, such as double seniority credit for the period o f
m ilitary service. Sometimes the seniority premium is allowed only
fo r overseas service.
A few agreements include provisions fo r the accumulation o f senior
ity by labor draftees during their period o f com pulsory service in case
o f a labor d raft.
27. Seniority Accumulates During Military Service
Any employee who volunteers for or is drafted into service in the armed
forces of the United States, or the U. S. Maritime Service, shall be granted
a leave of absence, and his seniority shall accumulate while on such leave.
28. Employees on Military Leave Accumulate Seniority Credit and All Other
Benefits Based on Seniority
Any employee, including probationers, who left his employment with the com
pany to perform service in the armed forces of the United States, hereinafter
referred to as “ military service,” or who shall hereafter leave his employment
for such purpose, shall be deemed an employee on leave of absence, and shall
accumulate seniority credit and eligibility for paid vacations, length of service
wage increases, promotions and all other employee benefits as though he had
been continuously employed.
29. Employees Reinstated “ Without Loss of Seniority”
Whenever any employee is (1) drafted and inducted into the military service
of the United States, (2) being a member of the National Guard is called to and
placed in active duty in the Federal Service, (3) enlisted for a minimum enlist
ment period (longer enlistment is not protected hereby), he shall be deemed on
leave of absence, and, upon completion of the required continuous service, shall be
M ILITARY SERVICE LEAVE
51
reinstated as an employee without loss of seniority or efficiency rating, unless
such reinstatement is impossible or unreasonable.
N o te : This clause follows the language of the Selective Service Act which
has been interpreted by Selective Service headquarters to mean “ accumulated”
service.
30. Seniority Accumulation Restricted to Employees with Specified Minimum
Service at Time of Induction
Any employee who has completed at least 3 months of accumulated service
with the company who is called or who volunteers for service with and is in
ducted into any branch of the armed forces of the United States and/or the
Merchant Marine, shall accumulate seniority during his period of service and
upon completion thereof be restored to his former permanent assignment or
one of equivalent status.
Any employee with less than 3 months’ seniority when rehired will be given
his seniority existing at the time o f his entrance into the armed services.
31. Seniority Accumulates Until 90 Days A fter Discharge
Any employee who volunteers for or is drafted into service in the armed forces
of the United States, or the U. S. Maritime Service, shall be granted a leave
of absence, and his seniority shall accumulate while on such leave. Such leave
of absence shall terminate on the ninetieth day following his honorable discharge
from such service.
32. Seniority Accumulates During Leave of Absence and Hospitalization Period
A fter Discharge
Except as shall be otherwise provided by law or by agreement in writing
between the parties hereto, the company and the union will fully administer
the seniority and other rights of employees in or returned to the company from
the armed services and the Merchant Marine by allowing the period of time
actually spent in service as time worked insofar as seniority determination is
concerned. Additional time over the actual period spent in service will be
allowed as follow s:
1. 90 days after discharge from the service;
2. An additional 60 days leave of absence; if requested prior to the 90th
day after leaving the service;
3. All time hospitalized after discharge up to a minimum of 1 year.
33. Military Service Counted as Seniority if Employee Reinstated Within 1
Year A fter Discharge
A regular employee upon reinstatement * * * shall be credited with
company service credit covering the period of his absence by reason of such
service in the military or naval forces or in the Merchant Marine o f the United
States provided rehire takes place within 12 months after honorable discharge.
34. Seniority Ceases Accumulating 90 Days A fter Discharge But May Be Retained
for 2 Years Thereafter
In the case o f service in the armed forces or Merchant Marine of the United
States of America * * ♦, it is understood that should an individual return to
apply for reemployment and the company be unable to provide reemployment for
him immediately, service to be counted as accumulated for seniority purposes
shall cease accumulating 90 days from the date of discharge from the service.
Such accumulated service shall remain good for 24 months thereafter unless
the individual be reemployed during this period, in which latter event, seniority
rights shall accrue in accordance with this agreement from the date of
reemployment.
52
COLLECTIVE BARGAINING PROVISIONS
35. Temporary Employees Accumulate Seniority During Military Service if
Reemployed Within Specified Period
In the event a temporary employee, who entered military or naval service
while in the company’s employ, is reemployed by the company within 90 days
after the employee is discharged from such active military or naval service, and
within 6 months and 40 days after the termination of the present war, he shall
be deemed to have retained all plant and departmental seniority accrued at the
time he entered the armed services, and his seniority, both plant and depart
mental, shall be deemed to have accumulated during his absence.
36. Temporary Employees do not Accumulate Seniority During Military Service
Any temporary employee, who is not on the seniority list shall not continue to
accumulate seniority while in the military service but will be given preferential
employment when they return from military service and shall receive credit from
time worked before.
37. No Accumulation of Seniority for Apprentices
Any employee who enters or is called into the military service for the United
States shall not lose his or her seniority standing or rights, and shall have the
time spent by him in such military service added to his or her record of length of
service for the employer. This added time shall not apply to apprentices.
38. Military Service Credited Toward Completion of Probationary Period
Probationary employees shall be entitled to credit for the period of such service
toward the completion of the probationary period and the accumulation of
seniority thereafter.
39. Double Seniority Accumulated During Military Service
The employer agrees that if any employee shall have entered the armed forces
of the United States, upon his honorable discharge from such service, the em
ployer, if requested in writing within 1 year after such discharge, and if the
employee is still qualified to perform the duties of such position, will restore such
employee to his former position or to a position of like seniority, status and pay,
unless the employer’s circumstances have so changed as to make it impossible or
unreasonable to do so, it being understood that any such reemployed person’s
seniority who has already been so reemployed or who may be in the future, upon
reemployment, shall be his total length of service with the company plus twice
his or her total service in the armed forces o f the United States.
40. Double Seniority Restricted to Employees With 6 Months’ Company Service
Prior to Specified Date
Leave of absence. Any employee who after August 14, 1945 is called into
Selective Service in the armed forces of the United States shall have a leave of
absence for the period of such service and 90 days thereafter. He shall accumu
late regular seniority while on such leave of absence. All employees who had com
pleted 6 months of continuous service with the company prior to September 16,
1940 and have returned to our employ shall retain the double seniority accumu
lated during their length of service in the armed forces.
41. Veteran’s Seniority Credit Bonus to Employees Hired A fter Date o f Selec
tive Service Act. Applications of Seniority Bonus Listed
Recognizing that service in the armed forces of the United States during World
War II materially curtailed the opportunity of new employees hired during the
war period to gain seniority in the service of the company, the union and the
company agree that on and after March 1, 1947 any regular employee who first
entered or shall have first entered the service of the company at any time between
M ILITARY SERVICE LEAVE
53
September 16, 1940 (the effective date of the Selective Service Act o f 1940) and
the end of the 6 months’ period next following official termination o f World War
II by the Congress of the United States, after serving for at least 6 months in
the Army, Navy, Marine Corps, Coast Guard or in the Merchant Marine between
December 7, 1941 and February 16, 1946 (the period of active hostilities plus 6
months), or after serving at least 6 months in the Army, Navy, Marine Corps, or
Coast Guard as a result of conscription under the terms and provisions of the
Selective Service Act o f 1940 at any time prior to official termination of World
War II by the Congress of the United States shall, following completion of his or
her probationary period, be credited with 6 months additional seniority which
shall be designated as “Veteran’s Seniority Credit.” If the employee served in
any component of the armed forces of the United States named above or in the
Merchant Marine for less than 6 months during the applicable time period above
provided, his “ Veteran’s Seniority Credit” shall be equal to the time actually
served by him or her in such component or in the Merchant Marine. The “ Vet
eran’s Seniority Credit” shall entitle the employee to the benefits provided in
this agreement which accrue to regular employees of the company whose senior
ity is equal to such employee’s actual seniority plus the “Veteran’s Seniority
Credit” of 6 months, or such period as represents the term of actual service in the
armed forces or in the Merchant Marine if less than 6 months, as applied in the
follow ing:
a. Salary progression as provided in sections 3.01, 3.02, 3.03, and 4.02.
b. Seniority in lay-off and rehiring as provided in sections 6.04 and 6.05.
c. Seniority in promotions, transfers, and job bidding as provided in sections
6.06, 6.07, 6.08, 6.09, and 6.10.
d. Vacation and sickness allowance as provided in sections 10.01, 10.02, 10.03,
10.04, and 10.06.
e. Termination wages as provided in sections 12.01,12.02,12.03, and 12.05.
f. Maternity leave as provided in section 15.23.
It is understood and agreed that the provisions of this section shall be with
out retroactive effect as applied to any former member of the armed forces as
defined above for any period of his or her service with the company prior to
March 1, 1947, but such benefits as accrue to them under the veteran’s seniority
credit provided herein shall become immediately applicable on and after that
date. It is further understood that the provisions of this section do not apply
to regular employees of the company placed on military leave during World War
II, inasmuch as their seniority continued to accrue during the entire period of
their service with the armed forces. It is further understood that the “ Vet
eran’s Seniority Credit” shall not apply in computing the period of active em
ployment required to establish eligibility for participation in the uniform pen
sion and benefit plan.
42.
Compliance With Federal Laws Protecting Seniority Rights of Employees
Entering Armed Services
The company agrees to comply with the Selective Service Act of 1940, as
amended, or any other Federal acts which, during the period of this agreement,
may be substituted therefor, insofar as the requirements of such act or acts
may apply to any employee subject to this agreement. In the event any such
future Federal acts contain provisions protecting the seniority rights of em
ployees entering the armed services under the provisions of such acts, the parties
agree that they will meet within 30 days after either shall request, and endeavor
by mutual agreement to include herein an appropriate provision in conformity
with such acts.
54
COLLECTIVE BARGAINING PROVISIONS
43. Limited Seniority Premium for Overseas Service
The union proposes and the company agrees that after the effective date of
this agreement all employees who have served in the armed forces of the present
war shall receive a preferential seniority rating of 25 percent of such time
such employees have served overseas, providing they apply to this company
for employment within 40 days after their discharge from the armed services.
The union proposes and the company agrees that in computing such preferential
seniority, however, the maximum overseas service credit for armed forces
employees shall be limited to 1 year. The maximum actual seniority credit for
armed forces employees shall therefore be limited to 3 months’ seniority credit.
44. Seniority Accumulation Allowed for Service Ordered by War Manpower
Commission
The employer agrees that if an employee is inducted into service of the armed
forces o f the United States as a result of enlistment, draft or otherwise, or if
he is required by the War Manpower Commission to leave his job, and if the
employee applies for his former job within 90 days after his honorable discharge
or release by the War Manpower Commission, the employer, if such employee
is still qualified to perform the duties of such job and if working conditions
then permit, will restore the employee to his former or substantially equivalent
job. Any employee restored to employment in accordance with this article shall
have his seniority status increased by the period of his military service or
service pursuant to a direction of the War Manpower Commission.
Employees Entitled to Reemployment Rights
A pproxim ately 15,000,000 men and women have served in the armed
forces at one tim e or another since the passage o f the Selective T rain
in g and Service A ct in 1940. M any o f these, o f course, have no reem
ploym ent rights since at the tim e o f induction they were unem ployed,
em ployed in tem porary positions, self em ployed, or employed by con
cerns no longer in operation. O thers, who have reemployment rights,
m ay not exercise such rights. The number o f veterans claim ing their
form er positions, however, undoubtedly runs into m illions.
The Selective Service A c t guarantees reem ploym ent to all em
ployees returning from m ilitary service except those who held tem po
rary positions at the tim e o f their induction.
M any agreements go
beyond the requirements o f the act and extend reemployment rights
to all employees, in some cases specifically including probationary
em ployees.
O ther agreements, however, follow the w ording o f the act and ex
clude workers holding tem porary positions.
Since the term , “ tem
porary position,” is subject to varying interpretations, em ployers and
unions have attempted to define the term in the agreement.
M ost
com m only, agreements define tem porary employees as those having
less than a specified minimum length o f company service, or as
employees not on the seniority list.
M ILITARY SERVICE LEAVE
55
Agreem ents sometimes specify that the employees first called to
m ilitary service have first preference in reemployment ; in other words,
no rehiring guarantee is extended to employees who replace regular
employees entering m ilitary service and who subsequently enter m ili
tary service themselves. Provisions o f this type are consistent w ith
the Selective Service headquarters interpretation o f the term “ tem po
rary position,” but they sometimes lead to practical difficulties, since
plants were expanded and jobs were changed to such an extent during
the war that it is often hard to identify either the original job or its
occupant.
Agreem ents which exclude tem porary employees from the reem ploy
ment guarantee sometimes specify that such persons, upon return from
m ilitary service, w ill be given preference when the em ployer is hiring
new workers.
In a few cases tem porary employees returning from
the armed forces accumulate seniority while in service and are allowed
to displace other tem porary employees with shorter company service.
Em ployees who voluntarily enlist for regular m ilitary service are
sometime excluded from the reemployment guarantee.
45. All Employees Entitled to Reemployment
Any worker who shall have entered the armed services of the United States,
shall be reemployed by his employer upon his return to work, in compliance with
the Selective Service Act.
46. Only Employees on the Seniority List Entitled to Reemployment
Any employee on the seniority list who is drafted or who enlists into military,
naval, marine, or air service or who is compulsorily inducted into employment
in a defense industry will be considered on leave of absence and will accumulate
seniority during such period and upon termination of such service will be reem
ployed in line with his seniority at the then current rate of pay for such work,
provided he has not been dishonorably discharged from such service with the
United States Government and is physically able to do work available and further
provided he reports for work within 90 days from date of discharge from such
service, it being understood, however, that provision o f statute or court interpre
tation thereof shall prevail if any part of this section be inconsistent therewith.
47. Probationary Employees Specifically Included
Any employee, including probationers, who left his employment subsequent to
May 1, 1940, to perform training or service in the land or naval forces or their
auxiliary services or the Merchant Marine of the United States, hereinafter
referred to as “military service,” or who shall hereafter leave his employment
for such purpose, while the United States is at war, shall be deemed an employee
on leave of absence, and shall accumulate seniority credit.
48. Temporary Employees Excluded
Employees entering armed forces: Employees (other than temporary em
ployees) who shall have left the employment of the company for the purpose o f
entering the armed forces of the United States, shall be reemployed by the com
pany in accordance with the provisions of the Selective Training and Service Act
of 1940, as such act may be amended.
56
COLLECTIVE BARGAINING PROVISIONS
49. Reemployment Guarantee Restricted to Employees With Minimum of 6
Months’ Company Service
Employees with 6 months’ continuous service, who in time of war enlist in the
Army, Navy, or Marine Corps, such employees who are members of the National
Guard, Army, Navy, or Marine Corps Reserve who are called for active service
and such employees who are called or volunteer for training under the Selective
Training and Service Act of 1940, or in case of war are called for active service,
shall be granted leave o f absence and receive vacation pay if eligible.
50. Employment Preference to Returning Temporary Employees for 1 Year A fter
War
For a period of 1 year following the termination of the present war, the com
pany, when hiring new employees, will give preference to veterans who were
former temporary employees.
51. Returning Temporary Employees May Displace Other Temporary Employees
With Less Seniority
A temporary worker who (1) is drafted or enlists in the military or naval
service of the United States, or (2) being a member of the National Guard is
called to or placed in active military service, shall insofar as other temporary
workers are concerned, be deemed on leave of absence during the period of his
service in the armed forces, during which his seniority shall continue to accumu
late, and upon application for reinstatement within 90 days of his release from
said service, be entitled to replace any other temporary worker junior in seniority,
who shall have been hired to fill the position of a permanent worker, even though
the temporary worker with less seniority shall have become a permanent em
ployee ; provided, however, the returning veteran shall be physically able to per
form the duties of his job. This provision shall only apply to veterans returning
from the armed services after September 1, 1945.
52. Reemployment Guarantee Does Not Apply to Employees Hired During the
War Who Subsequently Entered War Service.
While it is the company’s intention to reemploy those hired during the war
period who subsequently enter war service, the company’s first obligation is to
reinstate all of its regular employees upon their return. However, the company
will endeavor, as far as possible, to provide employment for all company employees
upon their return from war service.
53. First to Leave Have First Preference in Rehiring
Military leave: Any employee who leaves his employment for the purpose of
and who joins with any branch of the armed forces of the United States, including
the Merchant Marine and Coast Guard, shall, upon application being made within
60 days of his severance or discharge from said armed forces, provided said
severance or discharge be not dishonorable, be reinstated to employment upon
his request. Employees covered by this section shall be entitled to reinstate
ment in the following manner: The first one to leave shall have first preference
in rehiring; in the event the first one to leave is not the first to return, the
preference shall nevertheless be retained.
54. Volunteers for Regular Military Service Not Covered by Reemployment
Guarantee
In the event any member of the union regularly employed by the company
enters the military service of the United States, either voluntarily or involun
tarily, in conformity with the provisions of the Conscription Act passed by
Congress, such employee shall be deemed as on leave of absence for the purpose
of determining any rights of reinstatement to a like position in the service
M ILITARY SERVICE LEAVE
57
of the company. It is agreed that this has to do with the fulfillment of the
Conscription Act, but does not have to do with voluntary enlistment in the
regular service.
55. Reemployment Rights Extended to Employees Called for Military Service and
Rejected
Each employee who, for the purpose of entering the military service, has left
or leaves the employ o f the employer, but who has been, rejected for lack of
proper qualifications, shall likewise be restored by the employer to the position
of employment which he left, or to a position of like seniority, status and pay,
provided, that at the time of such rejection he is qualified to perform the duties
of the position of employment which he has left and has made application for
reemployment within 90 days after receipt of official notice of such rejection.
Requirements fo r Reemployment
A ll employees who le ft permanent jobs in order to enter m ilitary
service are entitled to reemployment subject to certain conditions spec
ified by the Selective Service A c t : (1 ) the employee m ust have a
certificate o f honorable discharge; (2 ) he must apply fo r reem ploy
ment w ithin 90 days after discharge; (3 ) he must still be qualified to
perform the duties o f his p osition ; and (4 ) his em ployer’s circum
stances must not have so changed as to make it im possible or unreason
able to reem ploy him . M ost agreements incorporate some or all o f these
provisions o f the act or, in some cases, make a general statement that
the em ployer w ill com ply with the act. The difficulty o f anticipating
all the problem s raised by the reem ploym ent o f veterans led the parties
to a few agreements to specify that such problems would be negotiated
as they appeared.
M any agreements state that reemployment must be in accordance
w ith applicable seniority rules, and some further specify that the vet
eran m ay not displace employees w ith greater seniority. Such pro
visions were given legal validity by the Supreme Court decision in the
Sullivan Drydoch case (see p. 4 3 ).
A few agreements specify that the em ployer m ust offer definite proof
when he claim s that his circumstances have so changed as to make it
impossible fo r him to reem ploy a veteran.
Agreem ents do not generally specify who is to judge whether or not
a veteran is physically qualified to perform the duties o f his form er
position.
A few , however, provide that the decision shall be made
by a physician m utually agreed upon by the union and the employer.
In plants where controversies over ability to perform have arisen
under other term s o f the contract and have been settled through col
lective bargaining, procedures have usually been developed and m ay
be applied to cases involving the reinstatement o f disabled veterans.
A lth ou gh the Selective Service A c t allows veterans only 90 days in
which to apply fo r reem ploym ent after discharge from m ilitary serv
58
COLLECTIVE BARGAINING PROVISIONS
ice, some agreements extend this period to as much as 6 months. M ore
over, the 90-day period is sometimes extended by an allowance for
travel tim e between the place o f discharge and the place o f em ploym ent.
Veterans physically disabled at the tim e o f discharge are often
allowed 90 days from the time the disability ends to apply fo r re
em ploym ent; some agreements, however, set a maxim um allowance
o f 1 year for disability after discharge.
The Selective Service A c t does not specify a time lim it within which
the employer must reemploy the veteran after he applies for rein
statement. Selective Service headquarters has interpreted the A c t
to mean that the veteran is entitled to reinstatement “ without unnec
essary delay.” 4 Some agreements set a definite time limit, most com
m only 2 weeks after application is made.
In rare instances, agreements state that applications o f dishonorably
discharged veterans w ill be considered on their merits.
56. Reinstatement Requirements Same as Specified by Selective Service Act
Each employee who, for the purpose of entering the military service, has left or
leaves the employ of the employer and actually has entered the military service,
and who thereafter, (1) receives a certificate or other evidence of honorable dis
charge or satisfactory completion of his military service under the laws o f the
United States, and (2) is, at the time of such discharge or completion of such
military service, qualified to perform the duties of the position of employment
which he has left, and (3) makes application for reemployment within 90 days
after he is relieved from such military service, shall be restored by such em
ployer to the position o f employment which he left, or to a position of like
seniority, status, and pay, unless such employer’s circumstances have so changed
as to make it impossible or unreasonable to do so.
57. Employer to Comply With Federal Laws Regarding Reemployment
In passing on applications for reemployment of honorably discharged veterans,
who were employees of the company at the time of their acceptance for military
service in World War II, the company will comply with the Federal laws, and
all amendments thereto, relating to such employment in effect at the time the
veterans apply for reemployment.
58. Reemployment Problems To Be Negotiated as They Arise
The company and the union being aware of the difficulty of anticipating exactly
all of the problems that will be presented in connection with the return of em
ployees agree jointly to negotiate the settlement of such problems as they arise,
and in order to reach a reasonable solution thereof may hereafter agree to modify
provisions of this and other articles.
59. Employee to Apply Through Union for Reinstatement
Any such employee who, within 60 days of his or her release or discharge from
such military service, applies to employer, through the union for reinstatement
shall be reinstated in his former position, in accordance with the seniority provi
sions of this contract.
4 Selective Service Handbook, section 306.2, September 1945,
M ILITARY SERVICE LEAVE
59
60. Reemployment in Accordance With Seniority
Any employee who volunteers or is drafted into any of the armed forces o f the
United States shall be considered upon leave of absence and shall retain and
accumulate his seniority with the company. Upon honorable discharge from
the service, the said employee shall, if still qualified to perform the duties of
the position, upon application within 90 days of discharge, except where further
leave o f absence is occasioned by sickness, shown by doctor’s certificate, be rein
stated within 1 week to the company roster of employees, and within rea
sonable time to his former position, if his seniority entitled him thereto, or to
such other job to which his then accumulated seniority may entitle him.
61. Veteran May Not Displace Employee With Greater Seniority
In case regular employees are drafted or volunteer for the United States Mili
tary Service during a period of national emergency when a selective service or
similar enactment shall be in effect, such regular employees shall, at the termina
tion of such military service, be restored to the department, or occupational divi
sion thereof, in which they were working at the time of drafting or volunteering,
with the same relative seniority therein as at the time of leaving the services of
the employer, inasmuch as such regular employee’s length of service shall con
tinue to accumulate while in the military service; provided that the regular
employee concerned shall have an honorable discharge from the military service
and shall make application to the employer for reemployment within 90 days of
the date o f such discharge; and provided further that circumstances are such
that it is possible and reasonable so to restore such regular employees; and pro
vided further such regular employees can be restored without laying off any one
with greater seniority, and no other regular employee entitled to be restored has
precedence because of greater seniority.
62. No Superseniority in Reemployment Unless Required "by Future Legislative or
Judicial Action
In the event that any returning serviceman applying for reinstatement under
section 1 cannot be reinstated to his former position in a department due to the
shut-down of his department during his absence in service, he shall be placed,
provided he is qualified, in a position of like plant seniority, equivalent in pay
as nearly as may be to that of his former position, and in being so placed may
bump off an employee with lesser plant seniority than the serviceman. The
employee with the lowest plant seniority of those who may be bumped off shall
be first bumped off. After being placed in such position, however, the serviceman
shall follow, on demotions or promotions, the rules provided in this contract as
generally applicable. In the event that a final decision of the U. S. Supreme Court
or Federal legislation shall provide for more favorable treatment than above
provided, this agreement shall be deemed amended thereby to reflect the effect
of such decision or legislation.
63. Employer Must Prove Inability to Reemploy Veteran
It is further agreed that the company shall show sufficient cause and proof
where it is impossible to reemploy the veteran to his former or equivalent position.
64. Questions Involving Physical Qualification Arbitrated by Physician
In case of any question involving the physical qualifications of a former
employee returning from active service, the decision of a clinic or a doctor
mutually agreed upon by the union and the company will be accepted by both
parties.
60
COLLECTIVE BARGAINING PROVISIONS
65. Employee Allowed 6 Months to Apply for Reinstatement
Any employee who voluntarily or by induction enters into service of the armed
forces of the United States, shall be considered an employee on furlough and
shall retain and be entitled to receive all rights of seniority hereunder, provided
such employee shall make application to employer for reinstatement within 6
months from the date of honorable discharge from such services and provided
further such employee shall then be physically and mentally able to perform such
duties as were performed by such employee at the time of the termination of
employment for entry into such service.
66. Si# Months Allowed if Not Employed Elsewhere in the Interim
In the event that an employee has enlisted or hereafter enlists or has been or is
conscripted into the armed forces of the United States or has been or is called
into service as a member of the National Guard or Army or Navy reserves, he
shall, upon his discharge from service, be reinstated to his former position with
the employer with all rights and privileges enjoyed by him at the time he entered
service; provided, that he shall request such reinstatement within 6 months after
his discharge, from service, provided he has not been employed elsewhere in the
interim. In the event of such reinstatement, the employer shall have the right
to discharge any person whom it hired to substitute for the reinstated employee.
67. Allowance for Travel Time From Place of Discharge
I f any regular employee Is relieved from such armed forces at a place other
than the city of New York, the 90-day period shall be extended by the period of
time reasonably necessary to travel from such place to the city of New York.
68. Disabled Veteran Allowed 90 Days From End of Disability to Apply for
Reinstatement
Provided application is made within 90 days after being relieved from military
service or if unable to work by reason of physical disability within 90 days from
the time his disability ends, and he has not received a dishonorable discharge, he
shall be restored to his former job or a job of like status and pay on the basis of
his accumulated seniority, and shall be subject to the terms and conditions of this
agreement.
69. Maximum Allowance of 1 Year for Hospitalization
Except as shall be otherwise provided by law or by agreement in writing be
tween the parties hereto, if any employee (other than an employee who shall have
been or shall be employed on a temporary basis) at either plant who shall have
entered or shall enter the military or naval service of the United States shall be
honorably discharged from such service and shall within 90 days after his dis
charge therefrom, or from hospitalization continuing after discharge for a period
of not more than 1 year, apply to the company in writing for reemployment at
such plant, his record of continuous service there shall not be deemed to have
been broken by his absence on such military or naval service and he shall be
entitled to reemployment at such plant.
70. Employer Allowed 2 Weeks to Reinstate Veteran A fter Application
It is hereby covenanted and agreed that whenever any employee: 1. Is drafted
or enlists in the military service of the United States; or 2. Being a member of the
National Guard is called and placed in active duty in the Federal service—he
shall be deemed on leave of absence, during which period seniority status shall
accrue, and upon completion of the required continuous service, shall be reinstated
as an employee without loss of seniority or efficiency rating; provided, however,
such employee shall make application for reemployment within 90 days of his
release from such service by honorable discharge. Upon such application the
61
M ILITARY SERVICE LEAVE
employer shall reinstate such employee to his former position provided the
particular position is still maintained by the company in its usual operations,
or a position similar thereto if the position formerly occupied by said employee
is not being then maintained by the company, within 2 weeks of the making
of such application, and provided further the employee is in such state of
health and physical condition as will permit him to efficiently operate the job.
71. Reemployment of Dishonorably Discharged, Veterans To Be Considered on
the Merits of the Case
Any employee other than a probationary employee who during the war is
drafted or volunteers for service with the armed forces o f the United States or
the Merchant Marine, will be reemployed upon discharge from such service in
accordance with applicable seniority rules, provided there is work he is qualified
to do, and provided such employee makes application for reemployment within
90 days after his discharge (cases of dishonorable discharge may be brought to
the attention of the company by the union and then be reviewed on their merits).
I f so reemployed he shall be credited with his original seniority date.
Position to Which Veteran is Reinstated
Under the Selective Service A c t employees released from m ilitary
service are entitled to receive their form er positions or positions o f
“like seniority, status, and p ay.”
In the process o f converting to war
production and reconverting to peacetime production, jobs were often
elim inated or classifications changed to such an extent that the original
job could not be identified. H ence, it is sometimes difficult to deter
mine the position to which a returning employee is entitled. M ost
agreements specify that the veteran m ay displace employees hired
in his absence i f his own job has been elim inated.
In situations where the veteran’s form er position is held by an
em ployee with greater seniority, some agreements specify that the
veteran shall take any other position to which his seniority entitles
him .
In a few cases, agreements define the righ t o f employees tem porarily
assigned to jobs other than their regular jobs at the tim e o f induction.
Such employees are usually entitled only to their regular jobs upon
return from m ilitary service.
A lth ou gh the Selective Service A c t requires only that veterans be
reinstated to their form er or sim ilar positions, a few agreements pro
vide fo r reinstatement at the position which the employee would
probably have attained had his em ploym ent not been interrupted by
m ilitary service.
Such clauses usually require that the veteran be
qualified to perform the duties o f the higher position, although some
agreements state that the qualifications fo r the job w ill be more lib
erally construed in the case o f returning veterans.
Prom otion granted
other employees during the veteran’s absence is sometimes specified
as the standard used in determ ining whether he is entitled to a posi
tion higher than the one held at the tim e o f induction.
Prom otion
62
COLLECTIVE BARGAINING PROVISIONS
rights o f workers in the armed forces are frequently protected by
clauses which stipulate that all prom otions made while otherwise
eligible employees are in m ilitary service are to be regarded as tem
porary ; in these cases, upon his return, a veteran is generally entitled
to “ bid in ” on the better job.
A lthou gh the question o f wage rates fo r returning servicemen is not
mentioned by the Selective Service A c t, the im plication is that the
veteran w ill receive the rate applicable to his job at the tim e o f return.
A few agreements cover the point specifically, stating that veterans
w ill be reemployed at a rate reflecting any wage increases or decreases
made during their absence. W here automatic wage progression plans
are in effect, m ilitary service is often credited as tim e worked in deter
m ining the rate to which a reinstated veteran is entitled. The N ational
W a r Labor B oard, through its General Counsel, ruled that the Selec
tive Service A c t requires a veteran to be reem ployed at the level to
which he would have been entitled i f there had been no break in his
service with the company. The returned veteran is therefore entitled
to any length-of-service wage or salary increase which the job would
have carried w ith it during his absence in the armed services.
72. Veteran Given Preference Over New Employees if Own Jot) Eliminated
Any employee who enters or has entered the military service of the United
States or has enlisted in such service and any employee who may have served
in the United States Merchant Marine during the war, upon receipt of a certificate
of satisfactory completion of his period of training and service or an honorable
discharge, shall maintain his seniority status in accordance with statutory
provisions in effect at the time application is made for reemployment. In the
event that the manufacturer does not have the same class o f work available
when the employee seeks reemployment, in accordance with the terms hereof,
he shall be given preference over new employees who have been hired since
the date when he was drafted or volunteered, provided that he is qualified to do
the work performed by such new employees.
73. Veteran may Bump on Plant-Wide Seniority Basis When Job not Available.
A fter Placement, Follows Seniority Rules, Subject to Court Decisions or
Federal Legislation
In the event that any returning serviceman applying for reinstatement under
section 1 cannot be reinstated to his former position in a department due to the
shut-down of his department during his absence in service, he shall be placed,
provided he is qualified, in a position of like plant seniority, equivalent in pay
as nearly as may be to that of his former position, and in being so placed may
bump off an employee with lesser plant seniority than the serviceman. The
employee with the lowest plant seniority of those who may be bumped off shall
be first bumped off. After being placed in such a position, however, the serviceman
shall follow, on demotions or promotions, the rules provided in this contract as
generally applicable. In the event that a final decision of the United States
Supreme Court or Federal legislation shall provide for more favorable treatment
than above provided, this agreement shall be deemed amended thereby to reflect
the effect of such decision or legislation.
M ILITARY SERVICE LEAVE
63
74. Veteran May Exercise Seniority to Take Other Work if Not Entitled to His
Former Job
Senior employees who voluntarily enter or are conscripted into military service
or are conscripted into other war defense for the duration of the present emer
gency, shall be granted leave of absence and they shall accumulate seniority while
in such service. Upon their return they may return to their former job providing
their seniority entitled them to this job. If their seniority does not entitle them
to their former job, they may take the preference work to which their seniority
entitles them in their residence department. They shall make application within
90 days after honorable discharge and are physically capable of performing their
work in a proper manner.
75. Veteran Temporarily Working Another Job at Time of Induction Has Rein
statement Claim Only on Regular Job
The company shall restore him to his former position, or to a position of
like status and pay, if he is still qualified to perform the duties of his former
position, unless the company’s circumstances have so changed as to make it
impossible or unreasonable for the company to do so; provided, however, that if
such employee, prior to his leaving for military service or for service with the
Merchant Marine, was occupying a position to which he had been temporarily
promoted or transferred to fill a vacancy resulting directly or indirectly by
reason of any leave of absence granted to another employee, he shall not be
entitled to restoration to that position as against such other employee, but shall
be restored to the position from which he was originally promoted or transferred,
or to another position of like status and pay, unless the company’s circumstances
have so changed as to make it impossible or unreasonable for the company to
do so.
76. Veteran Reinstated to Position He Would Have Attained but for Military
Service
An employee who has gone into the United States Military or United States
Maritime Service before the date of this agreement will continue to accrue sen
iority during such absence and, provided he reports to the company for work
within 90 days after his honorable discharge from such service, will in so far
as practicable, be placed in the position which he would have occupied if he had
continued to work during the period of his absence. I f this would place such
employee in a position for which he had not sufficient training, then he is to be
placed in the next highest paid job for whfch he is qualified and as soon as he
obtains the necessary experience, he is to be advanced to a job which he pre
sumably would have held if he had remained at work.
77. Promotions and New Hires During Military Service Considered Temporary
Employment or promotion to fill vacancies created as a result of employees’
entering the service, either voluntarily or by conscription, will be considered
temporary as far as such new or promoted employees are concerned.
78. Veteran Reinstated to Higher Position if Other Employees Promoted in His
Absence
If, subsequent to the date of leaving employment for military service, an em
ployee with less seniority in the job previously held by a reemployed veteran
has been promoted, and such veteran is qualified for the next higher job to that
previously held by him, such veteran shall acquire seniority in such next higher
job, dating one day prior to the seniority o f the employee in such next higher
job having the next highest seniority to such veteran.
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COLLECTIVE BARGAINING PROVISIONS
79. Veteran Promoted to Position Filled During His Absence
Employees who have served in the armed forces during the emergency and
who are reemployed by the employer shall have the right to exercise their de
partmental seniority in the making of application for such jobs where a vacancy
has been filled during his period of absence in the armed services and provided
that he is reemployed during the period immediately following and not longer
than 90 days subsequent to his date of discharge from the armed services. It is
understood and agreed that the above referred to employees shall be permitted
to make only one application for such jobs and where an upgrading program
is in effect he can apply for only the job or position immediately above the job
or position held at the time he volunteered or was drafted into the services.
I f the employee has the seniority and is qualified for the job as outlined above
then he shall be given the job for which he applied and his seniority standing in
that job will be dated from the time the junior employee was given said job.
Any veteran reemployed prior to the signing of this agreement shall have 15
days in which to make application for such job and any employees who return
subsequent to the signing of this agreement must file application within 15
days following the date of reemployment.
80. Veteran May Claim Job Posted During Service if Incumbent Has Less
Seniority
The Selective Service Law recognizes the rights o f a returned serviceman to
advancements that might have occurred during his absence. Because of this,
the returned serviceman may claim one job which has been open for bid during
his absence. He must exercise this claim within 30 days of returning to work,
and he may not displace a man with more seniority. He is subject to the pro
visions of the contract governing qualifications, etc.
81. First Consideration for Vacancy in Next Higher Grade A fter Reinstatement
A veteran of World War II who has the necessary seniority and qualifications
shall, when reinstated, be given first consideration for reclassification to one
grade higher than the grade at which he was working in his job classification
at the time his military leave of absence was granted, when a vacancy in such
higher grade, if any, exists.
82. Vacancies Filled During the Emergency
It is agreed that the following principles will govern the placement o f former
employees returning from military service whose military service prevented
their advancement by bid, or otherwise, to job vacancies filled since their induc
tion date for which they were eligible in their respective promotional lines, or
for new jobs established.
(a) Such vacancies will be open to bid by the returned veteran in accordance
with the provisions below.
(b) Job awards will be made in accordance with the terms o f this agreement.
(c) (1) A veteran’s military service will be added to his promotional line
seniority in the promotional line he left.
(2) A veteran’s military service will be added to his departmental seniority
in the department he left.
(3) A veteran’s military service will be added to his plant seniority. Such
plant seniority may be applied to bid for the lowest classification in any pro
motional line which has been filled since he left for service.
(4) A returning veteran shall have the opportunity to bid for any new jobs
filled since he left for service, and he shall be considered for such new jobs on the
same basis as those employees who were awarded said jobs.
M ILITARY SERVICE LEAVE
65
(d) A veteran shall not displace an employee with greater promotional line
seniority in a job other than his former job, except for newly created jobs.
(e) A veteran must be able to competently perform the job he bids following
reasonable training. I f a veteran fails to so perform following reasonable train
ing, the company will consult with the union regarding the desirability of further
training or other placement.
(f ) Returning veterans who cannot be placed in accordance with the preced
ing provisions due to handicaps acquired in military service will be given oppor
tunity to fill other jobs in the bargaining unit which they may be able to perform
where the company and the union agree such procedure is practicable.
(g) A veteran returning to work shall follow the procedure below :
(1) He will be placed on the job he left and shall start training for any
higher job in that promotional line to which he is entitled.
(2) Within 30 days of his return to work he may bid for any other job to
which his promotional rights entitle him.
(3) His placement will be final 30 days after regular assignment, except
that deviations from this procedure may be made where the company and the
union agree that it is practicable, in which case he will be returned to his old job
with accumulated seniority.
83. Qualifications for Higher Position More Liberally Construed, for Veterans
Where a returning veteran would have been entitled to promotion had he been
continuously employed by the company, he shall have the right to elect to be
reemployed in his former position or to the position to which he would have
been promoted had he been continuously employed by the company, but in the
latter event the veteran shall be subject to the same provisions governing quali
fications for promotion as apply to other employees in the mill, which provisions,
however, shall be more liberally construed as to such returning veterans.
84. Bate of Pay Adjusted for Changes Made During Veteran’s Absence
Such reinstatement shall be without loss of seniority for the time spent in
armed service, and at a regular rate of pay, plus any wage increase, or minus
any wage decrease, that may have become effective during his absence.
85. Military Service Credited in Determining Bate of Pay Within Job Classi
fication
An employee returning from a military or civilian war service leave o f absence,
who is reemployed, shall receive the rate of pay provided for in the then existing
time steps of the job classification taking into account the time credit which
had accrued when he left for war service plus the period of his absence because
of war service.
86. No Credit for Military Service in Determining Wage Bate Applicable on
Beinstatement
Unless and until otherwise ruled by the United States Supreme Court no
credit shall be given for the period of military service for the purpose o f deter
mining the proper wage rate at the time of the return to work.
Effect o f Veterans9 Reemployment on Other Employees
Agreem ent provisions which define the status o f employees displaced
by returning veterans are not frequent.
Such clauses, where found,
usually specify that employees replacing those who enter m ilitary
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COLLECTIVE BARGAINING PROVISIONS
service are subject to discharge when the veterans return or th at they
w ill be laid off or transferred in accordance with their own seniority.
Som e agreements state that the company w ill make every effort to
find another position fo r an employee displaced by a returning veteran,
w hile in rare cases, an employee demoted in order to rehire a disabled
veteran continues to receive the wage rate o f the classification from
which he was demoted.
87. Veteran’s Replacement Subject to Discharge When Veteran Returns
The company agrees that if any employee covered by this agreement shall during
the period of this agreement enter the land or naval forces of the United States,
upon his honorable discharge from such service the company, if requested within
90 days after such discharge, and if the employee is still qualified to perform the
duties of such position, will restore such employee to his former position or to
a position of like seniority, status and pay, unless the company’s circumstances
have so changed as to make it impossible or unreasonable to do so. The company
shall be permitted to release from such employment any employee hired to take
the place of such employee.
88. Vetercm Displaces Employee With Least Seniority in His Classification and
Seniority Group
I f the corporation shall lay off an employee to give employment to a veteran
pursuant to the Selective Training and Service Act o f 1940, as amended, it shall
lay off the employee having the least seniority in his classification and seniority
group.
89. Displaced Employee Takes Position to Which His Seniority Entitles Him
In the event that any employee is displaced as a result of the return of an
employee from such service, such displaced employee shall be put in whatever
position is available in accordance with the seniority provisions of this agreement.
90. Displaced Employee Relegated to His Former Status
Any employee who has completed four consecutive months of active service
with the company and who * * * has entered or enters the active military
service o f the United States * * * shall be entitled to reinstatement * * *.
In order to make a place for such employee upon his return to the company, any
person who as a result of the absence of such employee has been promoted, trans
ferred or hired, shall be subject to demotion, transfer, or lay-off, as the case may be.
91. Company Endeavors to Find Another Position for Displaced Employee
The company agrees to make every effort to reemploy the veteran in another
position where it is impossible to restore him to his former or equivalent position.
It is agreed that the company will make every effort to place the employee relin
quishing the position in another position whenever possible.
92. Employee Demoted in Order to Place Disabled Veteran Continues to Receive
His Former Wage Rate
Any employee who is displaced from a classification by reason of the place
ment of a disabled veteran, will take his place in the next lower classification
and have his rate maintained at the level of the rate paid in the classification
from which he was demoted, as long as the displaced employee remains in such
next lower classification, and as long as the demotion is the direct result of the
placement of the disabled veteran.
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93. Procedures for Displacement Due to Returned Veteran
An employee displaced from his job through the return o f a veteran shall
follow the procedure below:
(a) He will be demoted in his current promotional line until the returned
veteran makes his final election.
(b) Within 30 days of the date the veteran makes his final election, the dis
placed employee may elect to return to his last prior promotional line with accu
mulated seniority if he regularly worked in such promotional line subsequent to
May 1,1940, and he shall be entitled to a job in such promotional line correspond
ing to his proper promotional line seniority level.
(c) If working in promotional lines changed by the terms of this agreement,
such displaced employee shall, within 30 days, elect demotion in the former or
in the new promotional line, but may not displace an employee with greater
promotional line seniority.
(d) Such displaced employee may claim a job in the lowest classification of
any promotional line in his department if such job is held by any employee having
lower plant seniority.
(e) None of the preceding provisions shall operate to place an employee in
any job for which he is physically or otherwise unqualified.
Benefits Other Than Reemployment Rights
Som e agreements follow the w ording o f the Selective Service A ct
which provides that returning veterans “ shall be entitled to participate
in insurance or other benefits offered by the em ployer pursuant to es
tablished rules and practices relating to employees on furlough or leave
o f absence in effect with the em ployer at the tim e such person was
inducted into such forces.” 5
Other agreements go beyond the requirements o f the act and grant
additional benefits to returning veterans. In a few cases a bonus is
granted, and it is sometimes specified that the veteran must have been
reemployed for a minim um period before receiving his bonus, the
purpose being to disqualify those employees who have no serious in
tention o f rem aining with the company.
A nother type o f benefit provision grants leave o f absence to em
ployees who wish to continue their education under the GX B ill o f
B igh ts, and in some cases agreements specify that employees shall
accumulate seniority during this leave o f absence.
Occasionally, returning veterans are given preference in choice o f
sh ifts.
94. Veteran Entitled to Insurance and Other Benefits Offered hy Employer
Any employee who is restored to a position in accordance with the above pro
visions shall be considered as having been on furlough or leave of absence during
his period of service, shall be so restored without loss o f seniority, shall be en
titled to participate in insurance or other benefits offered by the company pursuant
to established rules and practices relating to employees on furlough or leave of
absence in effect with the company at the time such person entered the service,*
* Selective Service Act, section 8 (c).
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COLLECTIVE BARGAINING PROVISIONS
and shall not be discharged from such position without cause within 1 year
after such restoration.
95. Bonus Upon Return From Service
The employer agrees to continue its policy that any employee employed for
more than 6 months who is inducted into the armed forces of the United States
shall receive 2 weeks’ salary, to be paid to such employees at the time their
employment temporarily ceases with the employer, and an additional 2 weeks’
salary upon his return from such military service.
96. Bonus Upon Completion of SO Days’ Reemployment
All veterans of World War II who were in the employ of the company and who
are presently employed and all those who shall subsequently return, shall receive,
after completing 30 days of reemployment, a $50 bonus.
97. Payment During First Year for Time Lost from Work fo r Treatment
Necessary absences of veterans during standard work schedules within the first
year of reinstatement or employment for the purpose of visiting a governmental
hospital, doctor, or Veterans’ Bureau in connection with service-incurred disa
bilities when so scheduled by a Government agency shall be paid for at the stand
ard hourly rate (average hourly earnings for piece workers) including night work
and 7-day coverage bonus when applicable, subject to a limitation on such pay
ments of 10 standard daily work schedules or an equivalent number of hours.
A copy of the Government agency letter authorizing the veteran to visit the doctor,
or other satisfactory evidence of the necessity for absence, will be required as a
condition of payment for time lost.
98. Leave of Absence for Education under GI Bill of Rights; No Time Limit
Veterans of World War II, who are employees of the company and hold seniority
with the company, will be granted leaves of absence for a period not to exceed
the duration of his or her schooling in order to partake of any full or part-time
schooling offered them under the GI Bill of Rights.
99. Leave of Absence for Education Under GI Bill of Rights: 1 Year's Leave
Veterans of World War II, who are employees on the date of signing this agree
ment, shall be granted, upon acquiring seniority, leaves of absence not to exceed
1 year to exercise educational privileges under the GI Bill of Rights.
Leaves of absence for the reason set forth in the next preceding paragraph will
be granted only when requests are made in writing by veterans to the labor re
lations supervisor not less than 1 week in advance of such leaves. Each such
leave shall be granted subject to written confirmation as promptly as possible
from the accredited educational institution in which the veteran is enrolled to
the labor relations supervisor.
100. Leave for Education Before Returning to Work or Within 1 Year after
Return
Any employee who is a veteran of World War II and who desires to pursue a
course of study before returning to employment with the company or within 1
year after his return to employment with the company shall be granted a leave
of absence for such period as may be necessary to complete such course of study
but not to exceed 2 years without the approval of the advisory committee.
101. Termination Allowance Paid if Veteran Fails to Return to Work after
Educational Leave
An employee on “ veteran’s leave” [for education under GI Bill] who notifies
the company in writing at any time that he does not elect to exercise his preferen
tial rehiring rights hereunder, or who fails to notify the company that he wishes
M ILITARY SERVICE LEAVE
69
to return to work within the 30 days following termination of his “ veteran’s
leave” hereunder, shall be entitled to the termination wage normally provided
in section ♦ * * of this agreement.
102. Seniority Accumulation During Absence for Education
Veterans of World War II who apply for and are granted by the U. S. Gov
ernment the right to enter an educational program sponsored by the Govern
ment will accumulate seniority during the time spent in such educational pro
gram provided they apply for reinstatement with the company within 30 days
of the end of their training program.
103. No Company Obligation to Furnish Veteran Summer Work While on Edu
cational Leave
It is expressly understood that while any employee on “ veteran’s leave” [for
education under GI Bill] may apply for temporary work with the company
during summer vacations, and while, if hired for such work, he shall receive ad
ditional seniority credit for the period in which he actually works for the com
pany, the company shall have no obligation to provide him with employment
during vacation periods, nor shall his return to work during vacations affect
his “ veteran’s leave.”
104. Choice of Shifts for Reemployed Veteran
Any employee who left the employ of the company to enter the military serv
ice, naval service or Merchant Marine and who returns to work within time
limits allowed under the Selective Training and Service Act of 1940, as amended,
shall be given preference on choice of shifts, but only at the time of his return.
105. Preference to Veterans in Filling Apprentice Vacancies
In the event there is an increase in the number of apprentices and there are
no apprentices on the recall list of the affected apprentice occupation the em
ployer will give preference to veterans of World War II provided their qualifica
tions are equal to or greater than other available employees.
106. Military Service Time Credited for Pension Eligibility
The accumulated pension credits of employees participating in the uniform
pension and benefit plan will remain intact during leave of absence for military
duty, and in determining the appropriate minimum pension, the period of such
active duty will apply to the employee’s total company service, as if he had re
mained at work.
107. Military Service Counted for Dismissal Pay Purposes
When an employee is restored to employment under the above provisions
[military service leave], his dismissal indemnity rating and other rights under
this contract shall be unimpaired, and the period of such leaves of absence shall
be considered service with the publisher in computing severance indemnity.
108. Military Service Credited for Benefits Which Depend on Length o f Con
tinuous Service
The time spent by an employee in military service shall be credited as time
spent in the employ o f [employer]. Upon the resumption of employment, such
time shall be added to the time of continuous service of such employee in the
records of employer. Such time shall be given full value in computing severance
pay, experience rating, length of service compensation, vacations and all other
benefits which depend in whole or in part upon the length of continuous service
with [employer].
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COLLECTIVE BARGAINING PROVISIONS
109. Dismissal Pay if Veteran Not Reemployed or Dies as Result of Military
Service
In event any employee entering [military] service under these provisions ap
plies for reemployment and, under the conditions as outlined in these military
clauses, is not reemployed, he shall be paid his regular dismissal indemnity, and
in the event of the death of an employee during such leaves of absence, the pub
lisher shall pay to the designated beneficiary of the deceased employee’s estate
the dismissal indemnity as provided in the dismissal pay schedule clause.
Veteran9s Status After Reemployment
Com paratively few agreements incorporate specifically the provi
sion o f the Selective Service A c t which stipulates that veterans must
not be discharged without cause within 1 year after reinstatement.
Such protection against violation o f the spirit o f the act is probably
considered unnecessary in m ost cases, since agreements usually include
special procedures governing the discharge o f all permanent em
ployees.
U nder the term s o f some agreements veterans are still granted
superseniority in lay-offs, but in general, agreements specify that
veterans are subject to the same seniority rules governing lay-off as
apply to other employees.
W here wages are computed on a piecework basis, the earnings o f
returned veterans are likely to be below average until their dorm ant
skills are reestablished. In order to m aintain veterans’ earnings dur
in g this period o f adjustm ent, a few agreements guarantee earnings
equal to the average earnings o f other employees.
A nother type o f provision affecting the veteran’s status after rein
statem ent exempts such employees from join in g the union where a
union shop is in effect. A variation o f this extends the exem ption only
to employees who were not union members at the tim e o f departure for
m ilitary service. In cases where first consideration m ust be given
union members in the hiring o f new employees, agreements sometimes
allow the employer to hire veterans without first considering union
members.
A n im portant general consideration relating to m ilitary service con
cerns the effect o f changes made in the union agreement during the
em ployee’s absence. A re the rights o f returning employees to be deter
m ined under the provisions in effect at the tim e o f departure or under
those in effect at the tim e o f return?
Few agreements resolve this
question specifically, but the m ost common provision along this line
is a requirement that the veteran must accept all term s and conditions
o f the agreement in effect at the tim e o f return.
Som e agreements recognize that the proper integration o f the vet
eran into the labor force does not end the day he is reinstated to his
M ILITARY SERVICE LEAVE
71
form er job, and provide fo r permanent jo in t committees fo r the han
d lin g o f veterans’ problem s.
310. No Discharge Without Cause fo r 1 Year A fter Reemployment
Any employee restored to a position in accordance with this article shall be
considered as having been on leave of absence during his period of service in the
armed forces or Merchant Marine and shall be restored without loss of seniority,
and shall not be discharged from such position without cause within 1 year after
such restoration.
111. Veteran Has Superseniority in Lay-offs
The corporation may keep a veteran in a position to which he has been restored
pursuant to the Selective Training and Service Act of 1940, as amended, or in any
position to which he shall have been transferred or promoted, for more than the
period of 1 year specified by the act, even though there shall be employees, other
than veterans, with greater seniority who are laid off at the time.
112. No Superseniority in Lay-offs
In the event of a lay-off from the plant, veterans shall be subject to the provi
sions of this agreement applicable to such lay-off, except that if by final decision
of the United States Supreme Court, or by legislation, it shall be determined that
such veterans are entitled to greater rights, this agreement shall be deemed
amended thereby to reflect the effect of such decision or legislation.
113. Guarantee of Average Earnings in the Department for 6 Weeks A fter
Reinstatement
It is agreed that all employees in the military or naval service returning to their
jobs will be guaranteed for a period of 6 weeks 100 percent earnings based upon
the department average.
114. Union Membership Requirement Waived for Veterans
• It shall be a condition of employment for all present employees covered by this
agreement to become members of the union and to remain members of the union
in good standing during the life of this agreement, and the union agrees to accept
all such persons into membership without discrimination, fines, penalties, or
assessments. All new employees hired shall, after 30 days, be required to join
the union and to remain members of the union in good standing during the life
of this agreement, and the union agrees to accept all such applicants into member
ship without discrimination, fines, penalties, or assessments. The provisions of
this article shall not apply to returning servicemen who left the employ of the
employer to join the armed forces.
115. Veteran not Required to Join Union if not a Member at the Time of Induction
Employees exercising the right hereunder to be restored to employment and
who were not members of the union at the time their employment with the com
pany was discontinued and they entered into the service of the United States,
shall have the option of determining whether they desire to become members of
the union and they shall not be required to become members as a condition
o f employment.
N ote : This clause is taken from an agreement which requires maintenance of
membership for present members of the union and requires newly hired employees
to join the union within 30 days from the date of employment.
116. Hiring Through Union Waived for Veterans but Membership Still Required
The company will notify the union whenever a new employee is wanted and
will give first consideration to such candidates as the union may offer. I f suitable
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COLLECTIVE BARGAINING PROVISIONS
applicants are not presented by the union, the company then may secure the
needed employees.
The employer shall have the right to employ veterans of World War II without
notifying the union. Such veterans so hired will become members of the union
and shall comply with all provisions of the agreement.
117. Veteran Must Accept all Terms of Agreement in Effect at Time of Return
It is understood, however, that no persons shall be reinstated under this section
of the agreement unless he accepts all the terms and conditions of the employment
then pertaining to any agreement between the parties hereto. * * * The
rights of such employees as here and above set forth shall be in addition to those
provided for them in the Selective Training and Service Act o f 1940, or any prior
or subsequent Federal or State legislation.
118. Employer-Union Advisory Committee on Veterans9Problem's
A veterans’ committee, consisting of equal representatives of the employer and
the union shall be created. This committee shall consider and formulate advisory
plans for the assistance, guidance, and training of veterans as well as for all other
matters affecting them.
119. Priority to Disputes Involving Veterans9Reemployment
Any dispute arising under any section of this article [military service] shall
be immediately and without delay referred to the joint labor relations committee.
Such disputes shall have priority over all others.
Disabled Veterans
U nder the Selective Service A c t employers are not required to re
em ploy a veteran who is no longer qualified to perform the duties o f
the position he le ft. M any agreements, however, provide fo r special
consideration to returned veterans who cannot meet the physical
standards fo r their form er jobs. In some cases, em ployers are re
quired to place such employees at any work they are able to perform
or can be trained to perform . In other agreements em ployer and
union pledge themselves to cooperate in locating suitable jobs fo r
disabled veterans.
Som etim es the parties agree to waive the seniority provisions o f
the agreement in order that physically handicapped veterans m ay be
placed in jobs they are capable o f perform ing.
W here seniority is
norm ally applied on a departm ental basis, special consideration m ay
be extended veterans physically disqualified fo r their form er jobs by
perm itting them to displace employees with less seniority on a plant
wide basis.
O ther agreements not only grant preference to disabled
veterans in job placem ent, but also give them top seniority over all
employees when lay-offs are m ade.
A lth ou gh disabled veterans are usually paid the same rate as other
employees fo r the job at which they are placed, a few agreements
reserve to the em ployer the right to hire handicapped veterans at
rates lower than the wage scale fo r fu lly qualified employees.
M ILITARY SERVICE LEAVE
73
120. Disabled Veterans Guaranteed Employment for Term of Agreement
Reemployment of employee disabled veterans. Former employee disabled
veterans who apply for reemployment shall be reemployed by the company on
work suitable to such employee’s capacity without regard to seniority or any
other consideration, and shall be guaranteed employment for the duration of
this agreement.
121. Employer Endeavors To Provide Work Suitable for Disabled Veteran
When because o f injuries received in line o f duty with the military or naval
forces o f the United States or with the United States Maritime Service, an
employee cannot qualify after his discharge from such service to perform the
duties of the position which he held with the company when he entered the
military or naval forces o f the United States, or the United States Maritime
Service, if in the opinion o f the company the mental or physical condition of
such an employee would permit him to perform other lighter or less exacting
work, the company will endeavor to rehire such employee for any such work
as may be available.
122. Disabled Veteran To Be Trained for Job He Can Perform
A veteran o f World War II, who immediately prior to his entering into the
service o f the armed forces of the United States was employed by the em
ployer on a permanent basis and who is at the time of his application for re
employment (within 90 days of honorable discharge, or release from hospitaliza
tion) handicapped by a physical disability arising out o f such service, shall be
given employment in any available jobs he is capable of performing, or if he is
incapable of performing any available jobs, then he shall be offered the oppor
tunity of being trained for a job thereafter likely to be available which, after
a reasonable training period, he may reasonably be expected to qualify. I f he is
employed, the employment shall be on the basis of plant-wide seniority.
123. Seniority Provisions of Contract Disregarded in Assigning Jobs to Handi
capped Veterans
The company and the union agree that employees of the company returning
from service in the armed forces of the United States, who are physically handi
capped as a result of serving in the armed forces, shall, whenever possible, be
placed on any job which they are able to perform. In such cases, seniority
provisions of this contract shall be disregarded with respect to job assignment
and such employees given preference over any other employee. This does not
apply to shift assignment.
124. Disabled Veteran Placed on Suitable Job Even if Senior Employee Dis
placed
A former employee veteran who may be unable to resume his former job due
to disabilities acquired while in service will be placed on a job he is able to do
irrespective of whether or not an employee with greater seniority must be dis
placed as a result of this provision. Any employee so displaced shall be treated
as a laid-off employee in accordance with other provisions of this agreement.
Such placements and displacements shall be made by mutual agreement between
the parties.
125. Placement on Other Job Hot to Cause Displacement of Other Veterans With
Greater Seniority
When an employee who would otherwise qualify for reinstatement applies for
reemployment and if found to be incapacitated to such a degree that it prevents
him from resuming his former or similar work, the company, after notification
74
COLLECTIVE BARGAINING PROVISIONS
to the union, shall assign him to a job suitable for such employee provided he does
not displace another veteran of greater seniority.
126. Plant-Wide Seniority Exercised to Place Handicapped Veteran on Any Jol)
He Can Perform
An employee veteran who returns with physical handicaps acquired in military
service shall be placed and retained on any job he is capable of doing or may
be trained to do on the basis of plant-wide seniority.
127. Disabled Employee Placed on Reserve List Until Suitable Work Becomes
Available
When such employee applies for reemployment and is found to be incapacitated
to such degree that it prevents him from resuming his former or similar work,
the employer shall provide a position suitable to such employee’s impaired capac
ity. If no work is available to suit the employee in his impaired capacity, he
shall be placed on the available list and shall be recalled as soon as such work is
available.
128. Employer and Union Cooperate in Locating Jobs Suitable for Disabled
Veterans
The company an dthe union will cooperate in making plant, departmental, and
job surveys to determine what jobs are suitable and available for disabled
veterans.
129. Employment of Disabled Veterans Handled by Company-Union Committee
A joint committee shall be set up by the company and the union whose duty
shall be to survey all cases of those disabled veterans who make application for
restoration to employment whose disability prevents their being assigned to the
job to which their seniority entitled them. It shall be the policy of the com
mittee to recommend that the accumulated refinery seniority of these veterans
be used to enable them to be assigned to any job in the refinery which they can
perform providing they have more refinery seniority than the employee then
holding the job. Should the veteran’s disability status change, the committee
will review his case and make recommendations for change in his assignment.
130. Disabled Veterans Granted Top Seniority in Lay-offs Over Shop Stewards and
Union Officers
The company will make every reasonable effort to employ former employees
who would be entitled to reinstatement except for the fact of physical inability
(due to disability incurred in such military service) to perform the duties of his
former position with the company. Such employees, if accepted by the company
for reemployment, may be placed in any open and existing job at the applicable
rate therefor for which tlmy are physically and mentally qualified, regardless
of the provisions of this agreement with respect to seniority. Upon being so
placed, their seniority shall be that which they had upon entering military service,
plus seniority equivalent to the period of absence from the plant; and they shall
have top seniority over all employees, including shop stewards and union officers,
for purposes of lay-offs only.
131. Disabled Veteran Refusing Other Jobs Offered Receives Dismissal Pay
In the event that such employee has become disabled [as a result of military
service] from performing his former duties, and in the event that such employee
shall not accept any other duties which he may be offered by the [employer],
the [employer] will give severance pay to such employee in lieu of the reinstate
ment.
M ILITARY SERVICE LEAVE
75
132. Company Reserves Right to Employ Handicapped Veterans on Rate Schedule
Below Fully Qualified Workers (Disputes on “fair” wage for veterans
subject to grievance procedure.)
The company and the union believe that, insofar as it is practical, the company
should endeavor to reemploy workers who return from the armed forces in a
handicapped condition. The parties agree that such employees shall, by virtue
of their handicapped condition, be exceptions to the wage scale set up in this
agreement. The company reserves the right to employ such handicapped workers
based on a rate schedule which may be below the wages paid to fully qualified
workers. The company and the union will endeavor to agree upon what consti
tutes a fair wage for such individuals, taking into consideration the necessity
for the company to maintain a wage scale which will permit it to compete with
others in the industry. In the event that any dispute arises concerning the fore
going clause, it shall be deemed to be a grievance and shall be settled in accord
ance with the grievance provisions of this agreement.
Veterans Not Previously Employed
Som e agreements, m ostly in the textile and automobile industries,
grant seniority credit fo r the period o f m ilitary service to veterans
who were not employed by the company at the tim e o f their entry into
the armed forces. These agreements commonly require the veteran
to apply fo r em ploym ent w ithin 90 days after discharge, although
in rare cases as much as 1 year is allowed. The veteran is required
to complete the regular probationary period before receiving seniority
credit fo r m ilitary service.
A nother requirement often specified by these agreements is that the
veteran must not have been w orking for another em ployer at the tim e
o f induction or during a 90-day period im m ediately preceeding in
duction. A few agreements specify that the veteran shall not have
worked at all prior to induction. Requirements o f th is type are often
waived in the case o f disabled veterans.
N early all o f these agreements provide that no present employee
is to be displaced in order to em ploy a veteran not previously em
ployed.
133. Nonemployee Veteran Granted Seniority Credit for Military Service
Any veteran of the present war who is hired by this company after he is re
lieved from training and service in the land or naval forces or after completion
of service in the Merchant Marine shall, upon having been employed for the
probationary period of 30 days, receive seniority credit for the period of such
service subsequent to January 1, 1942, provided:
a. Such veteran shall apply for and obtain such employment within 1 year
from the time he is relieved from such training and service in the land or naval
forces or the time o f his completion of such service in the Merchant Marine.
If such veteran is unable to work by reason of physical disability for a period not
to exceed 12 months, his application may be made within 90 days from the time
his disability has ended.
b? Such yeteran shall not he employed for the purpose of bringing about the
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COLLECTIVE BARGAINING PROVISIONS
displacement of another worker, but once hired, his or her seniority shall be
effective as of the date o f entering such service.
134. No Seniority Credit if Veteran Working for Another Employer at Time of
Induction
The time of service subsequent to May 1, 1940, of any individual who has been
honorably discharged from the United States armed forces of World War II
and who was not employed in industry at the time of his entry into the armed
forces and who has been hired by the company after his honorable discharge
from the armed forces shall be recognized in the same manner as though he were
working for the company during such period spent in the armed forces, provided
such individual is employed by the company within 90 days from the time of
his honorable discharge.
135. No Seniority Credit if Veteran Has Not Worked at all Prior to Induction
Any veteran of World War II who had not been employed by any person,
Civil Service Commission, or company previous to his or her entry into the
military service of the United States Government, shall upon having completed
the probationary period provided for new employees, receive seniority credit
for the period of such military service, retroactive to, but not to exceed, December
8, 1941.
136. Disabled Veteran to Receive Seniority Credit Even if Employed Elsewhere
at Time of Induction.
Any veteran of the present war (1) who was not employed by any person or
company for a period of 90 days or more immediately preceding his entry into
military service, or (2) who, although employed elsewhere than by the employer
within the above specified period, has acquired physical handicaps in military
service, is hired by the employer hereinafter he is relieved from military service,
and not dishonorably discharged, shall, upon having been employed for the pro
bationary period provided for all new employees in this contract, receive seniority
credit for the period of such military service subsequent to May 1, 1940; Provided, however, (a) such nonemployee veteran shall have been hired within 90
days from the time he is relieved from military service, or, if such veteran is unable
to work by reason of physical disabiilty during said period of 90 days, is hired
within 90 days from the time his disability shall have ended; and (b) such
nonemployee veteran shall not be employed for the purpose of bringing about the
displacement of another employee.
Index
LEAVE OF ABSENCE
Page
Leave for general personal reasons:
Leave without pay:
Clauses
(1) Leave for “ good” cause_________________ _____ ________________
(2) Leave allowed for any *Reasonable” purpose, unless employer's
operations affected_________________________________________
(3) Leave for personal reasons— one-year service requirement______
(4) Employee's illness, illness in immediate family and other reasons
— leave limited to 3 months_________________________________
(5) Leave for harvesting perishable crops__________________________
(6) Leave for public and union office— seniority cumulative________
(7) Leave allowed for other work when on part-time or lay-off— no
loss of seniority________
(8) Limited leave to attend school and for other specified personal
reasons— leave for nonspecified reasons jointly decided______
(9) Leave for veterans to attend school— no time limit_____________
(10) Leave for veterans to attend school limited to 9 months—
seniority cumulative________________________________________
(11) Combination vacation and study leave________________________
(12) Six months' service prerequisite for leave grant________________
(13) Leave plus extensions limited to 6 months, except for maternity—
(14) Maximum leave 1 week for each 6 months' service; only one leave
granted in 12-month period_________________________________
(15) Sufficient time off for voting, without pay_____________________
Leave with pay:
(16) Limited leave with pay— hospitalization or death of family
member (1 day on hospitalization; 3 days on death.)________
(17) Leave with pay for absence due to deaths, funerals, family wed
dings and other personal emergencies________________________
(18) Four days' leave with pay for death in immediate family; 1 day
for death of other relatives__________________________________
(19) Leave with pay for death in immediate family— one-year service
requirement________________________________________________
(20) One-week leave with pay for sickness or death in family; twothirds of time off to be made up____________________________
(21) Leave with pay for personal reasons or death in family only if
taken as part of sick leave---------------------------------------------------(22) Leave because of death in family counted as part of sick leave
and paid at half-pay____________________________________
(23) Leave with pay when absent due to contagious disease in fam ily.
(24) Leave with pay for jury duty as well as family events— no deduc
tion made for jury duty pay________________________________
(25) Leave with pay for jury service or acting as witness in court—
jury pay is deducted - _______________________________________
(26) Limited time off during hours, with part pay, for attending tech
nical classes. Leave for full time schooling for two consecutive
semesters______________
(27) Two hours for voting, with pay_______________________________
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INDEX
Page
Seniority and other rights:
(28) Leave for personal reasons “ without loss of seniority” _________
(29) Accumulation of seniority up to 6 months; leave for military
service or union business excluded---------------------------------------(30) Seniority cumulation limited to 90 days except on union leave or
where otherwise specified___________________________________
(31) No loss of seniority for working elsewhere during leave if other
work advised by doctor_____________________________________
(32) Limit on time during leave which may be credited toward auto
matic wage increase________________________________________
(33) Group insurance maintained during leave provided prepayments
made_______________________________________________________
(34) Company-paid group insurance maintained during leave for 60
days___ ____________________________________________________
(35) No leave at vacation time_____________________________________
Sick leave_________________________________________________________________
Unpaid sick leave:
(36) Leave without pay for personal or family illness_______________
(37) Leave for work-connected disability up to 4 years_____________
(38) Unlimited leave of absence for sickness or accident— seniority ac
cumulates. Union and company may request doctors certifi
cate quarterly______________________________________________
(39) Maximum sick leave 3 years; seniority cumulative up to 1 year.
(40) Maximum of 6 months’ sick leave; restoration of full rights on re
turn___________________________________________________
(41) Seniority accrues for 30 days; seniority frozen during additional
sick leave__________________________________________________
(42) Seniority accrues for 60 days; seniority frozen up to 6 months
thereafter— physical examination on reinstatement__________
(43) Retention on company rolls during sick leave varies with length of
service, nature of illness, and efforts to recover______________
(44) Medical examination required on return from illness___________
(45) Medical certificate may be required at beginning and termination
of sick leave________________________________________________
Paid sick leave_________________________________________________________
Leave with full pay for a limited period___________________________________
Uniform plans:
(46) No specific contract limitation on amount of leave_____________
(47) Five days’ sick pay after 6 months’ service, cumulative indefi
nitely— medical certification for leave exceeding 5days_______
(48) Six days’ pay per year, cumulative up to 5 years— medical certifi
cation required___________________
(49) Eight hours’ pay for each day hospitalized, except for pregnancy,
to maximum of 48 hours. Benefits limited to 10 percent of em
ployees in year. Benefits cease if health legislation enacted. _
(50) Seven consecutive days’ sick pay after 3 years’ service if illness is
nonchronic and extends for 1 week__________________________
(51) Forty hours’ sick pay if employed 65 percent of time during pre
vious year and on pay roll at end of completed season______
(52) Five days’ sick pay, noncumulative, to “ seniority employees” . . .
(53) Sick pay for occupational .injury or illness— five days’ maximum
for one occurrence; 10 days’ maximum in calendar year--------
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IND E X
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P a ge
Graduated plans:
(54) One week for each year up to 20 years— no deduction from vaca
tion or overtime credited to employee_______________________
13
(55) Six days with full pay after 1 year's service; 12 days after 2
years— no cumulation________________________________________
13
(56) One day per month; maximum 12 days— two-day waiting period.
14
(57) Ten days per year after first year. After 5 years, credit for half
of unused leave in previous 5 years. After 10 years, credit for
unused leave in previous 5 years. Pro rata sick pay to parttime employees_______________________________________________
14
Leave with less than full pay for a limited period:
(58) Three weeks per year at 90 percent of regular pay. Unused
leave cumulative for 4 years. One-day waiting period______
14
(59) Two weeks' half-pay each year of service. One-week waiting
period during first 9 years; none thereafter_____________________
15
(60) Specified amount per day for maximum of 100 days in 12-month
period. Seven-day waiting period. Maximum liability spec
ified for recurrent or continuous disability_____________________
15
(61) Weekly sick leave benefits at half-pay graduated to length of
service. Three-day waiting period. One-year service require
ment___________________________________________
Full pay for a limited period and less than full pay for an additional speci
fied period:
(62) Eighty hours at full pay, 240 hours at half-pay during any cal
endar year. Absence for illness need not be consecutive____
16
(63) Full and half-pay benefits vary with length of service; benefits
keyed to calendar year. Benefits applicable in case of illness
or death in immediate family__________________________________
16
(64) Full and half-pay benefits vary with length of service; benefits
keyed to any 12 months' contract period______________________
17
(65) Three weeks' full pay and 12 weeks' half-pay during each calendar
year, noncumulative. Waiting period not applicable in occu
pational accident cases._______________________________________
17
(66) One week at half-pay up to 5 years' service; full pay thereafter.
Additional week granted if illness lasts beyond 1 week_______
18
Payments to supplement group insurance or workmen's compensation
benefits:
(67) Forty hours' full pay; difference between workmen's compensa
tion and regular pay during next 280 hours of absence due to
work-connected injury______________________________________
18
(68) Combination of full and two-thirds pay, geared to length of
service, minus workmen's compensation, for absence due to
occupational illness or injury________
18
(69) Full pay, no maximum, for occupational injury; full pay up to
specified amount for occupational illness. Employer credited
with compensation or benefit payments_____________________
19
(70) Workmen's compensation benefits plus sick pay allowance not
to exceed normal pay...................................................— ............
19
(71) Company credited with any compensation award against com
pensation benefits paid______________________________________
20
(72) Occupational injury pay at 50 to 70 percent of regular rate, less
workmen's compensation, depending on length of service.
One year maximum____________________
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INDEX
Payments to supplement group insurance, etc.— Continued
(73) Sick leave pay only for waiting period under workmen’s com
pensation act______________________________________________
(74) Employee option of taking sick pay or workmen’s compensation
for compensable injuries___________________________________
Waiting periods:
(75) Two-day waiting period; half-pay for next 2 days; full pay
thereafter. Five days’ paid sick leave after 1 year’s service.
Ten days’ maximum cumulation. No pay for unused sick
leave_______________________
(76) Three-day waiting period; 6 days’ sick pay after 1 year of
service____________________________________________________
(77) Waiting period varies with length of illness___________________
Discipline for abuse of sick leave:
(78) Malingerer deprived of sick benefits for 1 year_______________
(79) Employees malingering or chronically ill may be deprived of sick
benefits. Disputes arbitrable_____________________________
(80) Discipline, including discharge for abuse of sick leave. Com
pany may modify or terminate plan at expiration of contract
if plan abused_____________________________________________
(81) Five days’ suspension for feigning illness_____________________
(82) Union to prevent sick leave abuses___________________________
(83) Union to discipline members abusing sick leave_______________
Exceptions and limitations to sick pay:
(84) No sick pay for illness due to specified causes________________
(85) No sick pay for illness starting during vacation until 3 days
after vacation period terminates___________________________
(86) No sick leave pay while on vacation or on lay-off_____________
(87) Illness originating during leave not compensable______________
Other paid sick-leave clauses:
(88) Sick leave pool of specified number of hours from which all em
ployees take leave. One-half of unused balance credited to
next year’s pool. Improper withdrawal grounds for discipli
nary action________________________________________________
(89) Total sick pay for all company plants not to exceed 1 percent
of pay roll of covered employees___________________________
(90) Unused sick leave paid for at end of calendar year____________
(91) Unused sick leave added to vacation______ ___________________
(92) Five days’ accumulated sick leave added to vacation after 5
years’ service_______________________________________
(93) Payment of sick leave allowance on termination of employment
due to physical disability__________________________________
(94) Unused leave paid to heir on death_____________ _ _ ^__________
(95) No pay for unused sick leave________ ______ _________________
(96) Company sick benefit plan subject to changes______ __________
(97) Sink leave pay on individual case basis; one-year service require
ment______________________
(98) Union may raise grievance on company pay policy for absence
due to personal emergencies__ __________
(99) Employer may require medical examination by own physician
prior t6 payment_______ _________________________ .________
(100) Pay for balance of working day if excused for personal illness. .
(101) Maximum 8 hours’ pay for authorized visits to doctor in occu
pational disease causes________
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INDEX
81
Page
Maternity lea vet
Leave with pay for limited period:
(102) Maternity leave with 4 weeks’ pay; 1-year service require
ment________________________________________________________
(103) Maternity leave with 6 weeks’ pay under disability benefit plan;
1-year service requirement-------------------------------------------------(104) Maternity leave with double vacation pay____________________
(105) Limited accumulated unused sick leave pay given on return to
work after pregnancy.Two years’ service requirement_______
(106) Bonus of 1 week’s pay. Five years’ service requirement. Be
ginning and end of leave specified_____________________________
Leave without pay:
Duration, commencement, and termination of leave:
(107) U. S. Women’s Bureau recommendations followed on maternity
leave______________________________________________________
(108) Maternity leave for “ reasonable” time_______________________
(109) Minimum and maximum periods of leave specified. Seniority
cumulative during minimum period________________________
(110) Maximum leave— Two years-------------------------------------------------(111) Maximum leave— Eighteen months. No return to work until 6
months after delivery._______________
(112) Maximum leave—Five months. Starting and termination dates
specified_________________________________
(113) Minimum maternity leave— Two years_______________________
(114) One-year maternity leave; option of prior return______________
(115) No time specified for commencement of maternity leave______
(116) Commencement and duration of maternity leave at discretion of
employer__________________________________________________
(117) Company and private physicians to determine commencement
and termination of leave__________________
(118) Company and union designate date when maternity leave be
gins. Seniority cumulative for 1 year______________________
(119) Maternity leave not to exceed 4 months after birth. Medical
evidence required for extension. Seniority cumulative up to
1 year only________________________________________________
(120) Extension of maternity leave permitted for good cause________
(121) Extension of 1 year maternity leave limited to 60 days________
(122) Company doctor to verify fitness to return to work after delivvery. Extension of leave mutually decided by company and
union_____________________________________________________
(123) Shorter maternity leaves subject to decision of personal and com
pany physicians___________________________________________
(124) Employee option to return prior to termination of maternity
leave; employee to give “ sufficient notice” of intent to returnSeniority and other rights during pregnancy and maternity leave:
(125) Seniority and other specified rights cumulative. No dismissal
pay for illness during first year afterreturn_________________
(126) Seniority cumulative during leave; rights to promotion opportu
nities during maternity leave forfeited_____________________
(127) Seniority “ maintained” during maternity leave, limited to 9
months___________________________________________________
(128) Employee restored to previous job on return_____________ ____
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INDEX
Page
Seniority and other rights during pregnancy and maternity leave— Con.
(129) Employee on maternity leave placed on preferential hiring list
provided request made within 6 months after birth. Fourmonth trial period on reemployment to regain seniority
status_____________________________________________________
(130) Special working conditions for pregnant employees____________
(131) Pregnant employees may continue working only with written
consent of doctor. Light work furnished, if possible________
(132) Pregnant employees transferred to more suitable employment
if circumstances warrant. Pregnancy no cause for denying
employment during pregnancy or reemployment after de
livery.____________________________________________________
(133) Maternity leave limited to married women___________________
Leave for union business:
(134) Leave for union conventions, full time union office or other union
activities: No limit on duration of leave__________________
(135) Leave for union business: No limitations____________________
(136) Leave for full time union office. Limit on number allowed
leave and term of leave. No seniority cumulation_________
(137) Leave for union business: Limits on duration; number of em
ployees absent at same time; number of leaves in year______
(138) Leave granted for union conventions. Forty-eight hours' notice
of names o f delegates______________________________________
(139) Leave for term of union office to 3 employees. Seniority cumu
lative________________________________________
(140) Number of permissible absences graduated according to size of
plant______________________________________________________
(141) Two-year leave for full time union office. Must return to work
for 1 month before extension will be granted. Seniority
cumulative________________________________________________
(142) One-year leave for full time union office; extension by mutual
agreement. Seniority cumulative__________________________
(143) Indefinite leave for full time union office_____________________
(144) No more than 3 employees granted leaveat one time__________
(145) Reinstatement rights cover employees selected for full time
union jobs in past. Must request reinstatement within 30
days and pass physical examination________________________
(146) Employee returning from union leave receives wage increases
granted during absence____________________________________
(147) Employees must agree to demotions necessary to make room for
workers reinstated after leave for union jo b ________________
Requirements as to notice and approval:
Notice requirements for formal, extended leave:
(148) Written request required; amount of notice not specified______
(149) Two weeks' notice of leave required__________________________
(150) Written request at personnel office for leave exceeding 7 days;
copy of leave request furnished union______________________
(151) Requests for leave signed by management and union; copies of
approval given to employee and union_____________________
(152) Leave grants, and duration of leave, at company's discretion..
(153) Leave at discretion of authorized company representative.
Union to receive copy of request and copy of decision of leave.
(154) List of factors governing approval or denial of leave---------------
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INDEX
Notice requirements for formal, extended leave— Continued
(155) Foreman may approve leave up to 15 days; extended leaves
subject to approval by personnel department_______________
(156) Leave subject to approval of labor manager__________________
(157) Leave granted at discretion of manager or superintendent_____
(158) Sick leave granted automatically; other leave discretionary___
(159) Joint approval of leave by employer and union required______
(160) Joint union-management approval required for leaves over 10
days---------------------------------------------------------------------------------(161) Union notified before leave granted__________________________
(162) Weekly notice to union of leaves granted_____________________
(163) Denial of leave request by foreman subject to grievance pro
cedure____________________________________________________
(164) Grievances over leave requests subject to arbitration_________
(165) Denial of request for leave over 2 weeks not arbitrable—._____
(166) Extension must be requested before leave expires_____________
(167) Employer may cancel leave for just cause____________________
Notice requirements for emergency absence or illness:
(168) Notice to company within 48 hours of illness_________________
(169) Employee responsible for notifying supervisor of inability to re
port for duty______________________________________________
(170) Graduated penalties for unexcused absence from work________
(171) Employee failing to give proper notification put on probation
while matter being investigated____________________________
Penalties for disregarding conditions of leave:
(172) Seven-day lay-off for failure to report at expiration of leave—
discharge for second offense________________________________
(173) Seniority lost on failure to report at end of leave, unless due to
sickness___________________________________________________
(174) Overstaying leave or work during leaveconsidered resignation.
(175) Failure to obtain written permission for leave results in loss of
seniority rights____________________________________________
(176) Reduction of seniority as penalty for falsifying reasons for
leave______________________________________________________
(177) Employee to furnish periodic medical statements during sick
leave or face discharge_____________________________________
(178) Employee must keep company currently informed of length of
illness_____________________________________________________
Conditions governing return to work after leave:
(179) Physical examination required on return after sick leave exceed
ing 30 days. Must start work in 3 days if found physically
fit________________________________________________
(180) Physical examination required on return after sick leave or
other leave over 30 days. Differences adjusted by company
and union doctors_________________________________________
(181) Company must receive monthly notice of employee's desire to
return from leave__________________________________________
(182) Twenty-four hours' advance notification of return required-----(183) Reemployment before expiration of leave allowed provided no
bumping necessary to reinstate employee___________________
(184) Reemployment before expiration of leave at company's discre
tion_______________________________________________________
(185) Employee put at bottom of seniority list when returning to work
prior to expiration of leave__________________
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INDEX
M ILITARY SERVICE LEAVE
Definition of military service:
(1) Military service to include all branches of armed forces________
(2) Merchant marine included____________________________________
(3) Entry into merchant marine prior to VJ-day included_________
(4) State military service covered_________________________________
(5) American Red Cross included_________________________________
(6) Women’s service forces included______________________________
(7) No distinction between voluntary and involuntary service______
(8) Voluntary peacetime service excluded_________________
(9) Labor draftees covered by reemployment guarantee____________
(10) Military service leave granted prior to expiration of draft law in
cluded______________________________________________________
(11) Distinction in reemployment guarantee between service before
and after expiration of draft law_____________________ ______
(12) Military leave covers volunteers or conscripts up to VJ-day; con
scripts under Selective Service Act thereafter________________
Benefits to employees entering and in military service:
(13) Bonus to all employees entering military service_______________
(14) Six months’ company service required for bonus_______________
(15) Amount of bonus graduated according to length of company serv
ice_________________________________________________________
(16) Completion of 1 month’s military service required for bonus____
(17) Bonus based on percentage of wages received since specified date.
(18) Amount of bonus varies with number of dependents___________
(19) No bonus for peacetime volunteers____________________________
(20) Company option of discontinuing bonus_______________________
(21) Payment for time lost because of preinduction physical examina
tion------------------------------------------------------------------------------------(22) Employer pays premium on national service life insurance____
(23) Employer maintains group life insurance policies for 31 days after
induction___________________________________________________
(24) Group insurance maintained by employer if employees pay war
risk premium_______________________________________________
(25) Employer maintains hospitalization insurance for families of em
ployees in military service__________________________________
(26) Dependents of employees in military service given preference in
hiring________________ i ----------- -------- ----------------------------------Seniority of employees in military service:
(27) Seniority accumulates during military service__________________
(28) Employees on military leave accumulate seniority credit and all
other benefits based on seniority____________________________
(29) Employees reinstated “ without loss of seniority” _______________
(30) Seniority accumulation restricted to employees with specified
minimum service at time of induction_______________________
(31) Seniority accumulates until 90 days after discharge____________
(32) Seniority accumulates during leave of absence and hospitalization
period after discharge_______________________________________
(33) Military service counted as seniority if employee reinstated with
in 1 year after discharge_________________________________—
(34) Seniority ceases accumulating 90 days after discharge but may be
retained for 2 years thereafter_______________________________
(35) Temporary employees accumulate seniority during military
service if reemployed within specified periods________ _
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INDEX
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P age
Seniority of employees in military service— Continued
(36) Temporary employees do not accumulate seniority during mili
tary service------------------------------------------------------------------------(37) No accumulation of seniority for apprentices__________________
(38) Military service credited toward completion of probationary
period______________________________________________________
(39) Double seniority accumulated during militaryservice___________
(40) Double seniority restricted to employees with 6 months’ com
pany service prior to specified date__________________________
(41) Veteran’s seniority credit bonus to employees hired after date of
Selective Service Act. Applications of seniority bonus listed(42) Compliance with Federal laws protecting seniority rights of em
ployees entering armed services_____________________________
(43) Limited seniority premium for overseas service_________________
(44) Seniority accumulation allowed for service ordered by War Man
power Commission__________________________________________
Employees entitled to reemployment rights:
(45) All employees entitled to reemployment_______________________
(46) Only employees on the seniority list entitled to reem ploym ent-.
(47) Probationary employees specifically included__________________
(48) Temporary employees excluded________________________________
(49) Reemployment guarantee restricted to employees with minimum
of 6 months’ company service_______________________________
(50) Employment preference to returning temporary employees for
1 year after war____________________________________________
(51) Returning temporary employees may displace other temporary
employees with less seniority________________________________
(52) Reemployment guarantee does not apply to employees hired
during the war who subsequently entered war service________
(53) First to leave have first preference in rehiring__________________
(54) Volunteers for regular military service not covered by reemploy
ment guarantee__________________________________________
(55) Reemployment rights extended to employees called for military
service and rejected_________________________________________
Requirements for reemployment:
(56) Reinstatement requirements same as specified b y Selective
Service Act_________________________________________________
(57) Employer to comply with Federal laws regarding reemployment(58) Reemployment problems to be negotiated as they arise________
(59) Employee to apply through union for reinstatement__________ (60) Reemployment in accordance with seniority___________________
(61) Veteran may not displace employee with greater seniority______
(62) No superseniority in reemployment unless required by future
legislative or judicial action_________________________________
(63) Employer must prove inability to reemploy veteran____________
(64) Questions involving physical qualification arbitrated by physi
cian__________________
(65) Employee allowed 6 months to apply for reinstatement________
(66) Six months allowed if not employed elsewhere in the interim___
(67) Allowance for travel time from place of discharge______________
(68) Disabled veteran allowed 90 days from end of disability to apply
for reinstatement______ _______________________
(69) Maximum allowance of 1 year for hospitalization______________
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INDEX
Page
Requirements for reemployment— Continued
(70) Employer allowed 2 weeks to reinstate veteran after applica
tion---------------------------------------------------------------------------------(71) Reemployment of dishonorably discharged veterans to be con
sidered on the merits of the case___________________________
Position to which veteran is reinstated:
(72) Veteran given preference over new employees if own job elimi
nated_____________________________________________________
(73) Veteran may bump on plant-wide seniority basis when job not
available. After placement, follows seniority rules, subject
to courtdecisions or federal legislation______________________
(74) Veteran may exercise seniority to take other work if not entitled
to his former job __________________________________________
(75) Veteran temporarily working another job at time of induction
has reinstatement claim only on regular jo b ________________
(76) Veteran reinstated to position he would have attained but for
military service____________________________________________
(77) Promotions and new hires during military service considered
temporary_________________________________________________
(78) Veteran reinstated to higher position if other employees pro
moted in his absence______________________________________
(79) Veteran promoted to position filled during his absence________
(80) Veteran may claim job posted during service if incumbent has
less seniority______________________________________________
(81) First consideration for vacancy it next higher grade after rein
statement_________________________________________________
(82) Vacancies filled during the emergency________________________
(83) Qualifications for higher position more liberally construed for
veterans___________________________________________________
(84) Rate of pay adjusted for changes made during veteran's absence
(85) Military service credited in determining rate of pay within job
classification_______________________________________________
(86) No credit for military service in determining wage rate appli
cable on reinstatement_____________________________________
Effect of veterans' reemployment on other employees:
(87) Veteran's replacement subject to discharge when veteran re
turns______________________________________________________
(88) Veteran displaces employee with least seniority in his classifi
cation and seniority group_________________ ;_______________
(89) Displaced employee takes position to which his seniority en
titles him________________________
(90) Displaced employee relegated to his former status____________
(91) Company endeavors to find another position for displaced em
ployee_____________________________________________________
(92) Employee demoted in order to place disabled veteran continues
to receive his former wage rate_____________________________
(93) Procedures for displacement due to returned veteran__________
Benefits other than reemployment rights:
(94) Veteran entitled to insurance and other benefits offered by em
ployer------------------------------------------(95) Bonus upon return from service______________________________
(96) Bonus upon completion of 30 days' reemployment____________
(97) Payment during first year for time lost from work for treatment
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INDEX
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Page
Benefits other than reemployment rights— Continued
(98) Leave of absence for education under GI Bill of Rights: no
time limit_________________________________________________
(99) Leave of absence for education under GI Bill of Rights: 1 year’s
leave______________________________________________________
(100) Leave for education before returning to work or within 1 year
after return_______________________________________________
(101) Termination allowance paid if veteran fails to return to work
after educational leave_____________________________________
(102) Seniority accumulation during absence for education__________
(103) No company obligation to furnish veteran summer work while
on educational leave_______________________________________
(104) Choice of shifts for reemployed veteran_______________________
(105) Preferance to veterans in filling apprentice vacancies_________
(106) Military service time credited for pension eligibility___________
(107) Military service counted for dismissal pay purposes___________
(108) Military service credited for benefits which depend on length of
continuous service_________________________________________
(109) Dismissal pay if veteran not reemployed or dies as result of mili
tary service_______________________________________________
Veteran’s status after reemployment:
(110) No discharge without cause for 1 year after reemployment____
(111) Veteran has superseniority in lay-offs_________________________
(112) No superseniority in lay-offs__________ _______________________
(113) Guarantee of average earnings in the department for 6 weeks
after reinstatement________________________________________
(114) Union membership requirement waived for veterans__________
(115) Veteran not required to join union if not a member at the time
of induction_______________________________________________
(116) Hiring through union waived for veterans but membership still
required___________________________________________________
(117) Veteran must accept all terms of agreement in effect at time of
return____________________________________________________
(118) Employer-union advisory committeeonveterans’problems______
(119) Priority to disputes involving veterans’reemployment_________
Disabled veterans:
(120) Disabled veterans guaranteed employment for term of agree
ment______________________________________________________
(121) Employer endeavors to provide work suitable for disabled vet
eran_______________________________________________________
(122) Disabled veteran to be trained for job hecan perform__________
(123) Seniority provisions of contract disregarded in assigning jobs to
handicapped veterans______________________________________
(124) Disabled veteran placed on suitable job even if senior employee
displaced__________________________________________________
(125) Placements on other job not to cause displacement of other vet
erans with greater seniority________________________________
(126) Plant-wide seniority exercised to place handicapped veteran on
any job he can perform____________________________________
(127) Disabled employee placed on reserve list until suitable work be
comes available-----------------------------------------------------------------(128) Employer and union cooperate in locating jobs suitable for dis
abled veterans_____________________________________________
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INDEX
Page
Disabled veterans— Continued
(129) Employment of disabled veterans handled by company-union
committee_________________________________________________
(130) Disabled veterans granted top seniority in lay-offs over shop
stewards and union officers________________________________
(131) Disabled veteran refusing other jobs offered receives dismissal
pay-----------------------------------------------------------------------------------(132) Company reserves right to employ handicapped veterans on rate
schedule below fully qualified workers______________________
Veterans not previously employed:
(133) Nonemployee veteran granted seniority credit for military serv
ice________________________________________________________
(134) No seniority credit if veteran working for another employer at
time of induction__________________________________________
(135) No seniority credit if veteran has not worked at all prior to in
duction___________________________________________________
(136) Disabled veteran to receive seniority credit even if employed
elsewhere at time of induction_____________________________
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@FedFRASER