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COLLECTIVE BARGAINING PROVISIONS
Pream ble
Scope o f Bargaining Unit
Duration o f Agreem ents
Bulletin 908-19
UNITED STATES DEPARTMENT OF LABOR
Maurice J. Tobin, Secretary
BUREAU OF LABOR STATISTICS
Ewan Clague, Commissioner
For sale by the Superintendent o f Documents, U. S. Government Printing Office
Washington 25, D. C. - Price 20 cents
Letter of Transmittal
U nited States D epartment of L abor,
B ureau of L abor Statistics ,
Washington, D. C., October 13,1950.
The Secretary of L abor :
I have the honor to transmit herewith the nineteenth bulletin in the series
on collective bargaining provisions. The bulletin deals with preamble, scope of
bargaining unit, and duration of agreements, and is based on an examination of
collective bargaining agreements on file in the Bureau. This chapter was pre
pared in the Bureau’s Division of Industrial Relations, by and under the direction
of Abraham Weiss, and by James C. Nix, with the assistance of Sylvia Braslow.
E w an Clague, Commissioner.
Hon. M aurice J. T obin ,
Secretary o f Labor,
Preface
A s early as 1902 the Bureau of Labor Statistics, then the Bureau of
Labor in the Department o f the Interior, recognized the growing
importance of collective bargaining, and published verbatim the
bituminous-coal mining agreement of 1902 between the Association
of Coal Mine Operators of Pennsylvania, Ohio, Indiana, and Illinois
and the respective districts of the United Mine Workers o f America.
Since 1912 the Bureau has made a systematic effort to collect agree
ments between labor and management in the leading industries and
has from time to time published some of those agreements in fu ll or in
summary form in the Monthly Labor Review.
The first bulletin entirely devoted to collective bargaining agree
ments was published in 1925 under the title “ Trade Agreements in
1923 and 1924.” Similar annual bulletins were published in 1926,
1927, and 1928. These bulletins analyzed only outstanding agree
ments affecting certain industries and certain skilled crafts in which
collective bargaining has followed a more or less established pattern.
No bulletins in this field were published by the Bureau between 1928
and 1942— a period during which collective bargaining first lost ground
in the depression and then made rapid strides following the enactment
o f the National Labor Relations A ct in 1935. The growth in tradeunion membership from fewer than 4,000,000 workers in 1935 to more
than 10,000,000 in 1942 not only resulted in a large increase in the num
ber of collective agreements covering industries hitherto not included
under collective bargaining, but also extended the scope and area of
bargaining in individual industries. In recognition of this develop
ment, the Bureau’s 1942 report on union agreements (Bulletin No. 686)
dealt with provisions and clauses on particular labor-management
problems rather than with the agreements of each union or industry
separately.
The substance and character of collective bargaining agreements
change continuously, and many of the clauses and provisions covered
in Bulletin No. 686 underwent significant changes during the war
emergency, as a result not only of the normal processes o f collective
bargaining but of the decisions of the National W ar Labor Board.
New problems meant new clauses and new provisions. The Board
also gave added impetus to certain forms of union security, and to
certain practices now deeply imbedded in the entire field of labormanagement relations.
in
IV
PREFACE
The liquidation of the Board, and the renewal of emphasis on free
collective bargaining after VJ-day, led to a tremendous increase in the
demand for information on specific current provisions in agreements.
Urgent requests came from employers and unions, from the United
States Conciliation Service, and from mediators and arbitrators en
gaged in settling or preventing labor-management disputes. It was
largely in response to these requests that the Bureau of Labor Statis
tics undertook to revise and bring up to date the material on union
agreements.
In this revision two significant departures have been m ade: (1)
Accumulation of data has made possible the use of a larger sample
than was possible heretofore. (2) The information w ill be presented
in a series of small bulletins, each stressing a major area or significant
problem o f collective bargaining. This w ill permit the material for
each m ajor problem to be published as rapidly as finished without
waiting until all o f the subjects of collective bargaining are analyzed.
I t will have the advantage of greater flexibility in handling specific
requests for material from employers, unions, and the public. Some
clauses are more or less stable and undergo relatively minor changes
even over a considerable period of time and therefore need only occa
sional revision, whereas others undergo rather rapid change. A lso,
as new issues develop it will be possible to add new bulletins to the
series without revising those already published.
The clauses used are designed to facilitate, but not to condition, the
bargaining process. No special attempt has been made to determine
the prevailing industry practice or the most frequently used provi
sions. The clauses are presented, not as models but as a source of
reference for those who participate in collective bargaining negotia
tions, by making available to them a wide variety of provisions on the
specific subjects under consideration. A n index of all the contract
clauses quoted, with a brief description of each clause, is appended
to each report.
This bulletin, dealing with preamble, scope of bargaining unit, and
duration of agreements, is the nineteenth in this Collective Bargain
ing Provisions series. The bulletins already published are as follow s:
No. 908
Union Security Provisions.
No. 908-2 Vacations; Holidays and W eek-End W ork.
No. 908-3 Incentive W age Provisions; Time Studies and Stand
ards of Production.
No. 908-4 Apprentices and Learners.
No. 908-5 Discharge, Discipline, and Q uits; Dismissal Pay
Provisions.
No. 908-6 Leave of Absence; M ilitary Service Leave.
No. 908-7 Promotion, Transfer, and Assignm ent; L ay-O ff,
W ork-Sharing, and Reemployment.
PREFACE
V
No. 908-8 General W age Provisions.
No. 908-9 W age Adjustment Plans.
No. 908-10 Union-Management Cooperation, Plant Efficiency,
and Technological Change.
No. 908-11 Seniority.
No. 908-12 Union and Management Functions, Rights, and
Responsibilities.
No. 908-13 Strikes and Lock-Outs; Contract Enforcement.
No. 908-14 Safety, Health, and Sanitation.
No. 908-15 Guaranteed Employment and W age Plans.
No. 908-16 Grievance and Arbitration Provisions.
No. 908-17 Employee-Benefit Plans.
No. 908-18 Hours of W o rk ; Overtime P a y ; Sh ift Operations.
Contents
Page
Introduction___________________________________________________________
Preamble or purpose clauses: Clauses 1-13_____________________________
Scope of bargaining unit: Clauses 14-42________________________________
Parties to agreement: Clauses 43-76-----------------------------------------------------Assignment of agreement: Clauses 77-98_______________________________
Applicability of clauses to employer’s competitors: Clauses 99-113______
Effect of master agreement on prior agreements and local agreements____
Relation of current agreement to prior agreements, practices, or cus
toms: Clauses 114-126__________________________________________
Local modifications or supplements to master contracts: Clauses
127-141_________________________________________________________
Duration and renewal of agreement: Clauses 142-156___________________
Notice of termination or modification: Clauses 157-169_________________
Temporary extension of expired agreements: Clauses 170-185___________
Interim amendment of agreement: Clauses 186-199_____________________
Index__________________________________________________________________
VII
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28
32
35
39
42
47
B ulletin T^o. 908-19 o f the
U nited States Bureau o f Labor Statistics
Collective Bargaining Provisions
Preamble, Scope of Bargaining Unit, and Duration of
Introduction
A collective bargaining agreement is generally prefaced by a pre
amble or statement of objectives which is intended to guide the parties
in their day-to-day relationship. A s a matter of legal form, and
following the practice of commercial contracts, the preamble may also
state that the contract is made in consideration of the mutual promises
of the parties. The preamble may also name the parties to the agree
ment and define the bargaining unit covered by its terms.
The scope of the bargaining unit is determined largely by previous
practice in the industry, locality, and plant and the present wishes of
the parties concerned in the negotiations. In interstate cases, the
National Labor Eolations Board is authorized to determine the unit
appropriate for collective bargaining purposes in employee represen
tation cases. State labor boards, where they exist, perform the same
function in representation cases involving intrastate commerce. The
1947 Labor Management Eelations A ct and several State laws require
the designation of a craft as the bargaining unit, if the majority of
the employees of that craft vote for a separate unit. The scope of
the bargaining unit is also affected by provisions of the Labor Man
agement Eelations A ct relating to supervisors, guards, and profes
sional employees.
In the mass-production industries, employees tend to organize in
industrial unions. The bargaining unit usually includes workers in
a considerable variety of job classifications, often all the production
and maintenance jobs.
In the maritime, railroad, and construction industries, among others,
craft units are prevalent and separate agreements are signed for each
896400°— 5<
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1
2
COLLECTIVE BARGAINING PROVISIONS
craft. In some instances, several craft unions operating in the same
industry negotiate jointly and may sign a single agreement.
For purposes of contract enforcement and determination o f legal
liability, the precise identity of the parties to the agreement is im
portant. On the union side, the agreement may be signed by the local
union or the international union with which the local is affiliated or
by a joint board of several affiliated locals, or by the local and in
ternational jointly. On the employer’s side, the signatory may be an
individual employer, a number of individual employers, or an asso
ciation o f employers.
Some agreements also deal with such questions as the application
o f the agreement (while in force) to successors of the employer or
the union; the effect upon it o f more advantageous terms granted by
the union to the employer’s competitors; the relation of the current
agreement to prior contracts and understandings between the parties
and employment practices not covered by the agreement; and, in m ulti
plant or multiemployer contracts, the relation of the master agreement
to those in local plants or with individual employers.
The stability o f the collective bargaining relationship is affected by
the duration of the contract, and by provisions for its renewal and
amendment. Most agreements are negotiated for 1 year, but are auto
m atically renewed from year to year, unless either party gives notice
of its intention to amend or terminate the contract. Usually such
notice must be given 60 days before the expiration date of the agree
ment. Prior to the effective date of the Labor Management Rela
tions A ct, which specifies 60 days’ notice if either party wishes to
terminate or m odify an agreement, 30 days’ notice was quite common.
The possibility always exists that a new contract may not be agreed
upon before the old contract expires, even though the requisite notice
has been given and negotiations have started shortly thereafter. To
take care of such contingencies, provision is sometimes made for tem
porary extension of the expired contract until a new agreement is
reached or negotiations are broken off. In a very few cases, arbitra
tion o f the terms of a new contract is required if the parties are unable
to agree.
Since unforseen circumstances may cause the employer, the union,
or both, to desire changes in the contract before its expiration, pro
vision is sometimes made for reopening the contract. Usually such
reopening is restricted to wages, although other matters may be con
sidered by mutual consent.
Preamble or Purpose Clauses
A n agreement generally contains a preamble or declaration of
policy and statement of purpose, which the specific, substantive con
PREAMBLE OR PURPOSE CLAUSES
3
tract provisions are designed to effectuate and against which the
specific provisions in the contract are tested and interpreted. Such
general statements outline in broad terms the objectives to be attained
and the methods for achieving them. They indicate the true intent
and purpose of the parties in entering into a collective relationship;
they epitomize the basic attitudes in the relations between employer,
union, and employees. They set forth what both parties desire and
expect from the agreement. Preambles emphasize, among other aims,
the promotion of greater cooperation and better understanding be
tween the parties, maintenance o f efficiency and economy in operation,
and the establishment of a peaceful method of settling disputes. The
preamble clause either contains only a mutual pledge of good faith
or a statement that the parties agree to be bound by the contract or the
employer and union also promise to respect the interests of the gen
eral public.
A statement is often included that the contract is made in con
sideration of the mutual promises and obligations of the parties.
Following the pattern of commercial contracts, in which performance
is contingent upon considerations received, some collective bargaining
agreements provide a token payment of $1 by both parties.
1. Intent and Purpose
The parties hereto agree that it is mutually beneficial and advantageous to ar
range and maintain fair and equitable earnings and fair, equitable and uniform
labor standards, labor rates and operating conditions, and to promote methods of
fair and amicable means of adjustment of any and all disputes which may arise
between the parties hereto, and to secure uninterrupted operation and general
stabilization of the industry. Neither party will exercise its rights, powers,
or functions oppressively in dealing with the other. Both parties will cooperate
to obtain efficient operations in the various departments in the member mills.
2. Mutual Recognition of Responsibility for Promoting Specified Objectives
The general purpose o f the agreement is in the interest of the employer and
employee to provide for the operation o f the company’s plants, under methods
which will further to the fullest extent possible th e:
safety of the employees;
economy o f operation;
quality and quantity of output;
cleanliness of plant;
protection of property.
It is recognized by the agreement to be the duty of the company and the em
ployees to cooperate fully, individually, and collectively for the advancement of
said conditions.
3. Purposes o f Agreement Include Stabilizing the Industry and Securing Har
monious Relations Between the Signatory Parties and the Public
This agreement has been consummated for the purpose o f stabilizing t h e ------industry. Prior to the adoption of this and similar agreements in their original
form, there was chaos in th e------ industry and there was no machinery requiring
parties thereto to live up to the agreements made with respect to hours, wages,
4
COLLECTIVE BARGAINING PROVISIONS
or working conditions. Persons would agree to observe collective bargaining
and then ignore such agreements, compelling their competitors likewise to re
duce wages and ignore fair hours and working conditions.
Witnesseth: That for and in consideration of harmonious relations between
the parties signatories hereto and the public o f ------ County, and the mainte
nance of stability of the conditions of employment and other mutually beneficial
relations and for the purpose of preventing strikes and lock-outs by facilitating
just and peaceful adjustments of disputes and grievances that may arise from
time to time, and for the purpose of protecting and safeguarding the health and
safety of the parties concerned, the parties signatories hereto have agreed that
the understanding hereinafter set forth shall be binding on all members of the
parties thereto individually and collectively.
4. Purpose Is To Promote Harmony, Economy, Protection of Property, Efficiency,
and Safety
Whereas, the parties to this agreement intend to promote an increasing spirit
of harmony between employer and employees and to insure cooperation, under
standing, elimination of waste, protection of property, most efficient operation
of the facilities and safety of employees to the fullest extent possible, now,
therefore it is understood and agreed as follow s: * * *
5. Peaceful Settlement of Disputes an Objective of Agreement
Whereas, it is the desire o f both parties hereto to promote and maintain
harmonious relations and to amicably settle all disputes that may arise between
them.
Now, therefore, the company and the union mutually agree as follow s: * * *.
6. Elimination of Strikes, Boycotts, and Lock-Outs
W hereas: The parties hereto are desirous of entering upon an agreement as to
wage rates and conditions of employment and to do away with the possibility
o f strikes, boycotts, lock-outs, and the like.
Now, therefore: The employer and the union, acting by and through their
duly authorized agents hereby agree as follow s: * * *
7. Intention of Parties Is To Improve Relationship and Set Forth Basic Agree
ment Covering Rates, Hours, and Employment Conditions
It is the intent and purpose of the parties hereto that this agreement will
promote and improve industrial and economic relationships between the em
ployees and the company, and to set forth herein the basic agreement covering
rates of pay, hours of work, and conditions of employment to be observed between
the parties hereto.
8. Parties Agree To Be Bound by Contract
The company and union agree to be bound by the following provisions covering
wages and working conditions during the term of this contract.
9. Agreement Made in Spirit of Good Faith and Tolerant Understanding Essential
to Effective Collective Bargaining
It is further recognized by both parties that the principle of collective bargain
ing can be made to function effectively only if problems of mutual concern shall be
considered in a spirit of good faith and tolerant understanding of all o f the factors
involved. It is in this spirit that this understanding is entered into by both
parties.
SCOPE OF BARGAINING UNIT
5
10. Agreement Is for Joint Use and Benefit of Contracting Parties
Witnesseth: That in consideration of the mutual and reciprocal promises, the
parties hereto covenant and agree as follows * * *. That this agreement is
for the exclusive joint use and benefit of the contracting parties as defined and
set forth herein, and it shall be construed as binding upon and effective in
determining only the relations with each other o f those represented by the
parties hereto.
11. Public Interest Considered Superior to Interest o f Either Party
Both parties o f this understanding recognize and subscribe to the principle that
the interests of the consuming public are superior to those o f either party, and
that neither party can prosper save as it shall merit the confidence and good
will of consumers by the excellence and dependability of the service jointly
furnished in the preparation and distribution of foodstuffs.
12. Contract Made in Consideration of Mutual Promises of the Parties
In consideration o f the mutual promises of each o f the parties hereto, it is
agreed as follow s: * * *.
13. Nominal Cash Payment Constitutes Partial Consideration for the Contract
Now, therefore, in consideration o f the sum of one (1) dollar, each to the other
in hand paid, the receipt whereof is hereby mutually acknowledged, and in
consideration of the premises and of the mutual promises hereinafter set forth,
and of other good and valuable consideration passing between the parties hereto,
the said parties do hereby agree to and with each other as follow s: * * *.
Scope o f Bargaining Unit
The bargaining unit covered by a collective bargaining agreement
comprises those employees whom the union represents and for whom
it bargains with the employer on wages, hours, and working conditions.
Very often, therefore, one contract clause grants recognition to the
union as bargaining agent for the employees in the bargaining unit
and then defines the scope of the unit.
The extent of the bargaining unit may be fixed by the union and
management; if disagreement arises, the National Labor Relations
Board may be requested to make a determination. I f the bargaining
unit is designated by the Board, the provisions of the Labor Manage
ment Relations A ct relating to guards, supervisory, and professional
employees must be considered. Guards cannot be included in a unit
with other employees, and professional employees are put in a unit
with other employees only if they vote for inclusion. Supervisors are
excluded from all units certified by the Board, and employers are not
required to bargain collectively with them.
In defining the bargaining unit, agreements usually designate in
only general terms the types of employees covered, such as “ all hour
and piecework employees” or “ production and maintenance workers.”
W here a detailed occupational wage listing is incorporated into the
6
COLLECTIVE BARGAINING PROVISIONS
agreement, it identifies the particular jobs, trades, or occupations in
cluded. Some agreements, however, list in considerable detail both
the classifications included and those excluded. Others list only the
excluded job classifications and state that all other employees are
covered. Some also provide that lists of covered employees are to be
supplied by management to the union.
I f the company bargains with more than one union, these unions and
their coverage are mentioned, in some cases. A t times, a union is
designated as bargaining agent for all employees who are not repre
sented by the other unions. Agreements negotiated by craft unions
sometimes provide that the bargaining unit is to consist of all em
ployees performing work within the jurisdiction o f the union, and the
union’s jurisdiction may be quoted verbatim from its constitution or
charter. Reference may be made to the Board’s certification as defin
ing the scope of the bargaining unit covered by the agreement.
Disputes may arise regarding the inclusion or exclusion of individual
employees, especially if the bargaining unit is loosely defined. A rbi
tration of such disputes is required by a few agreements, but this point
is not covered in most contracts.
Some agreements, particularly those covering multiplant companies,
provide for the extension of the bargaining unit to include personnel
in any additional plants acquired by the employer during the term of
the agreement, or for any plants not presently covered by the agree
ment in which the union subsequently wins bargaining rights. Often
this provision is coupled with a requirement that the union must obtain
certification by the N LR B as the bargaining agent for the new plants.
14. Bargaining Unit Consists of Production and Maintenance Workers
The company recognizes the union as the exclusive agency for the purpose o f
collective bargaining for its production and maintenance employees in its [city]
plants, in respect to rates o f pay, wages, hours o f employment, and other condi
tions of employment.
15. All Employees Covered Except Specified Classifications
The employer recognizes the union as the exclusive bargaining agency for all
of the employees o f the employer in the bargaining unit with regard to wages,
hours, and other conditions of employment with the following exceptions: sal
aried help; foremen; assistant foremen; office workers; designers; colorists;
technicians.
16. Single Craft Covered
The employer recognizes the union as the exclusive representative of the craft
and the craft apprentices for the purpose of collective bargaining with respect
to rates of pay, hours o f employment, or other conditions of employment. With
respect to apprentices this agreement applies only to those who have served more
than 12 months.
17. Listing of Classifications Included and Not Included in Bargaining Unit
The company recognizes the international union as the exclusive bargaining
agency for all hourly rated maintenance and production employees, including
SCOPE OF BARGAINING UNIT
7
watchmen, timekeepers, shop clerks, and salaried firemen in the matter of wages,
hours, working conditions, and classifications, but excluding superintendents,
foremen, assistant foremen, or any other supervisory employees with authority
to hire, promote, discharge, or otherwise effect changes in the status o f employ
ees, or effectively recommend such action; engineering force, draftsmen, plant
protection employees (guards), and main office force in all plants.
18. Agreement Covers Production and Maintenance Employees on Hourly and
Piecework Rates
This agreement shall apply to all production and maintenance employees of
the company at its plant in [city ] working on hourly and piecework rates, exclud
ing representatives o f the management, office workers, foremen, salaried super
visors, salaried clerks working in the plant, and guards.
19. Hourly Rated Employees Defined.
Bargaming Unit, Defined
Nonworking Foremen, Excluded From
It is understood and agreed that this agreement pertains to all hourly rated
employees except nonworking foremen, nonworking supervisors, plant protection
guards and salaried employees at the company’s manufacturing plant located at
[city], in the plant, warehouse, yard, field shop, and production office. An hourly
rated employee is defined as any employee paid on an hourly basis and perform
ing skilled, semiskilled or unskilled labor jobs connected with the manufacturing,
maintenance repair, and production handling operations and does not include
salaried employees such as clerks, typists, or stenographers who may, for con
venience, be located in the shop offices, but whose duties do not require that he or
she have direct contact with production employees at the production employees’
place of employment.
A nonworking foreman is defined as a supervisor in charge of a department or
a group within a department who does not spend more than twenty (20) percent
o f his actual working time performing the same work as those he supervises;
and a working foreman is defined as a supervisor in charge o f any group or class
of labor who spends more than twenty (20) percent of his actual working time
performing the same work as those he supervises.
20. Office Employees (Except Confidential Secretaries) and Salaried Salesmen
Included in Bargaining Unit
This agreement shall apply to all employees o f the company using tools and
equipment in the regular routine o f production and shall include salesmen on
salary, office employees, except private and confidential secretaries and exclud
ing supervisors and foremen with hiring and firing authority.
21. Unit Includes All Work Within Union’s Recognized Jurisdiction
This agreement shall cover all work coming within the recognized jurisdiction
of the international union.
22. Unit Includes Work in Present and Future Jurisdiction of International
Union as Determined by the American Federation of Labor
The work included in this agreement is as granted now or in the future by the
American Federation of Labor to the international union, and both parties to
this agreement shall adhere to and abide by the said provision.
23. Exclusion of Employees Covered by Agreements With Other Unions
For the purposes of collective bargaining in respect to rates o f pay, wages,
hours of employment or other conditions of employment the company recognizes
the union as the exclusive representative of all hourly-paid production and
maintenance employees, including hourly-paid laboratory employees and group
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COLLECTIVE BARGAINING PROVISIONS
leaders of the company, but excluding watchmen, uniformed guards, salaried
clerical employees, cooperative students working in the laboratories, foremen,
assistant foremen, and all other supervisory employees with authority to hire,
promote, discharge, discipline, or otherwise effect changes in the status of em
ployees, or effectively recommend such action and excluding employees covered
by written or oral collective bargaining agreements with the [listed international
unions] and excluding skilled craftsmen in the — - department who belong to
a union.
24. Exclusion of Designated Classifications Represented by Other Union and
Executive, Administrative, and Professional Employees Subject to Qualifi
cations of Fair Labor Standards Act
The union is recognized during the life of this agreement, or any extension
thereof, as the exclusive bargaining agency for all production and maintenance
employees; except [specified occupations], who are bargained for by the [union],
and executive, administrative, and professional employees subject to the quali
fications contained in the Fair Labor Standards Act.
25. Exclusion of “Professional” and “ Supervisory” Employees as Defined by
Labor Management Relations Act of 19Jj1
The company recognizes the union as the sole collective bargaining agent of all
production and maintenance employees in the company’s lumber manufacturing
plant located at [city], excluding all office and clerical employees, plant guards,
garage employees, all logging operations, independent contractors o f any nature
or description, and “professional” employees and “ supervisory” employees as
defined by the Labor Management Relations Act of 1947.
26. Definition of Assistant Foremen Excluded From Bargaining Unit
The term “ employee” as used in this agreement shall not include foremen,
clerical workers, guards, watchmen, and office workers. Nor shall the term
“ employee” include those assistant foremen, who satisfy any one of the following
requirements:
1. Who customarily and regularly direct the work of other employees.
2. Whose suggestions and recommendations as to the hiring and firing, advance
ment and promotion, or other change of status of other employees will be given
particular weight.
3. Who customarily and regularly exercise discretionary power.
4. Who are paid on a salary basis of not less than $30 a week.
5. Who do not spend more than 20 percent of the number of hours worked by them
during the workweek doing work of the same nature as those employees under
their direction provided that except in the case of emergency such assistant
foreman shall not displace an employee in the performance of work regularly
performed by employees covered by this agreement.
27. Definition of Clerical Employees Excluded From Bargaining Unit
It is mutually agreed that for the purposes of this agreement the term “ em
ployees” shall not include the following job classifications which do not come
within the bargaining unit represented by local— [u n ion ]: superintendents,
foremen, time study men, plant protection employees, administrative office em
ployees, timekeepers, first aid employees, and the following clerical help: (1)
those having access to payroll information; (2) those having access to production
records where cost information is involved; (3) those having access to sales
SCOPE OF BARGAINING UNIT
9
records where sales prices are involved; (4) those engaged in experimental re
search work.
28. Employer To Keep Union Informed of Identity of Supervisors Excluded From
Bargaining Unit
By the terms of this agreement, the company recognizes the union as the sole
collective bargaining agency for all employees of the company’s plant located at
[city] with respect to wages, rates of pay, hours, and other terms and conditions of
employment: Provided, however, this agreement shall not apply to employees
whose duties and responsibilities classify them as regular permanent supervisors,
office employees, laboratory employees, guards, buyers, and salesmen. The com
pany will, upon the signing of this agreement, submit to the union’s representa
tive a list of the employees classified as regular permanent supervisors, which
list may be amended from time to time.
29. Geographic Area of Bargaining Unit Defined
This agreement shall apply to northern California, which term is intended to
mean that portion of the State of California above the northern boundary of
Kern County, the northern boundary of San Luis Obispo County, and the westerly
boundaries of Inyo and Mono Counties.
30. Bar gaming Unit Covers Employees at Company Facilities Within 85 Miles of
Main Factory Office
This agreement shall apply to all employees of the company on jobs which
are hourly-rated jobs as of the date hereof or who may be employed during the
life of this agreement whether working in the company’s factory at [location]
or in any plant or other company facility located or operated by the company in
the area within a radius of 35 miles from the site of the main factory office.
31. Bargaining Unit Determined by National Labor Relations Board Certifications
The company hereby recognizes the above designated union as the exclusive
bargaining agent o f employees of the company within the bargaining unit as
certified by the NLRB on [specified dates] for the purpose of collective bargain
ing in respect to rates o f pay, wages, hours of employment, and other conditions
of employment with the company.
32. Bargaining Unit Determined by National Labor Relations Board Certification
or by Mutual Agreement Between the Parties
The company recognizes the union as the exclusive bargaining agent for its
employees subject to the inclusions and exclusions as set forth in the certifica
tions of representatives by the NLRB following elections, or as mutually agreed
between the company and the union.
33. Inclusion of Employees at Specified Plants and Any Other Plants Which
Employer May Operate
It is agreed that this agreement covers all of the employees of the employer
(a) at its plants located at [specified locations]; and (b) at such other plants
which the employer may operate during the term of this agreement with the
exception o f firemen, watchmen, office and supervisory employees who have the
authority to hire and discharge.
34. Agreement Covers All Mills Owned and Operated by Association Members,
Except Mills Presently Covered by Separate Agreements
This agreement shall apply uniformly to all------factories in the United States
presently owned and operated as union mills by any firms and/or corporations
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COLLECTIVE BARGAINING PROVISIONS
and/or individuals who are members of the association except those mills which
on the effective date of this contract, have separate collective bargaining agree
ments. This agreement shall also apply uniformly with full force and effect
to each and every branch, body, or local of the union, their successors and assigns.
35. Agreement Applicable to Any Subsidiary or New Shop Established by
Employer
The employer hereby agrees that in the event it establishes any subsidiary
or any other shop, the provisions of this agreement applicable to the shop herein
described shall be applicable to such shop.
36. Employers9 Association and Union To Be Notified of Opening of New Shops
by Association Members
The contract shall cover every shop of every member of the association manu
facturing the merchandise herein covered which shall be cloaks and suits, and
any manufacturer who shall contemplate opening a shop other than those now in
operation at the execution hereof shall notify the association of such plan prior
thereto unless there shall be extraordinary circumstances involved. The associa
tion shall notify the union upon receipt o f such information. The union and the
association shall jointly undertake to be of such assistance as the member o f the
association shall require. In the event that any member shall fail to avail him
self o f such assistance by serving such notice upon the association, the manu
facturer then in that event shall not be adjudged to have violated this contract
unless he shall fail within thirty (30) days after beginning his operation of
such new factory to have notified the association.
37. Additional Units Automatically covered by Contract if Union Certified or
Recognized as Agent for Such Units
Any units for which the union or a local shall be lawfully certified and/or
recognized, upon lawful certification and/or recognition and upon assenting to
this agreement, and any units in operations acquired by the companies, for which
the union or a local has been lawfully certified by the Board as the exclusive
bargaining agent, which assent to this agreement, shall automatically be included
in and covered by this agreement as of date of certification and/or recognition
or acquisition of the operation by the companies, except that either party may
withhold the application o f those portions of this agreement considered inappli
cable to such new units, by giving written notice to the other party within 30
days o f the local’s assent. Such matters shall be handled as a dispute in ac
cordance with the provisions o f this agreement.
38. Inclusion of Additional Units Negotiated by Parties if Union Certified as
Agent for Such Units
In case the union shall be certified as the bargaining representative for any
additional bargaining units, the matter of including such unit under the terms
of this agreement shall be negotiated between the personnel staff of the corpora
tion and the international officers of the union; it being understood that plants
producing specified products similar to the material now being produced by
plants covered by this agreement, shall be included after giving due consideration
to any local wage classifications, rates, understandings, or practices as may exist.
39. Company To Notify Union of Organizational Changes Affecting the Bargaining
Unit
The company will notify the union o f any organizational change which results
in adding to or eliminating from the bargaining unit, as above described, one or
more occupational groups. The union will be notified of any such changes within
three (3) days.
PARTIES TO AGREEMENT
11
40. Arbitration of Differences Regarding Inclusion or Exclusion of Individual
Employee Within Bargaining Unit
Any difference which shall arise between the company and the union as to
whether or not any individual employee is or is not included within the unit at
any plant or works as hereinbefore defined shall be handled as a grievance in
accordance with the procedure set forth in article X I of this agreement for the
adjustment o f grievances, including the procedure for arbitration set forth in
section 2 of that article.
41. Union To Be Given List of Excluded Positions. Disputes Subject to Arbitral
tion. Present Classifications Covered To Remain So During Term of
Agreement
The term “ employee” as used in this agreement shall not include foremen,
assistant foremen, supervisors in charge of any classes of labor, watchmen,
guards, clerical, or salaried employees. A list of the present hourly rated posi
tions excluded by this section, indicating names of personnel now employed in
such positions, will be provided the union within thirty (30) days of the effec
tive date of this agreement. Any dispute in regard to such list of positions may be
subject to adjustment in accordance with the arbitration provisions of article
X of this agreement. It is agreed that classifications covered by this contract
on the effective date hereof will remain under the contract during its entire term.
42. Disputes Regarding Extent of Unit Settled on Basis of Eligibility Lists Agreed
Upon for National Labor Relations Board Election
It is understood and agreed that in connection with the establishment of
the bargaining units heretofore described, consent election contracts were
executed between the company and the union and representatives of the NLRB,
and eligibility lists o f employees and occupations were agreed to in connection
with such elections and contracts. It is agreed that in the event of any dispute
between the parties as to the inclusion within the meaning o f the terms “ em
ployee” or “ employees,” as hereinbefore defined, that reference shall be made to
such eligibility lists and any decision reached by the parties as to the inclusion or
exclusion of employees or occupations as shown in such eligibility lists shall
be binding upon the parties in settling any dispute as to the meaning of the
terms “employee” or “ employees,” as used in this agreement.
Parties to Agreement
On the union side, the local, the international, or both, may sign the
contract. Many international unions sign their locals’ agreements in
order to retain their bargaining rights with the employer, if the local
withdraws from the international union; others follow such a policy
in order to standardize wages and working conditions as much as pos
sible. However, international unions may be reluctant to sign such
agreement because of possible liability for contract violation under the
Labor Management Kelations Act. Some agreements specify that the
international union is not a party and is not liable for contract viola
tion, although it approves the contract as to form .
International union, as well as local union, signatures may be re
quested by the employer on the theory that he can more effectively
call upon the international to secure compliance with the contract.
12
COLLECTIVE BARGAINING PROVISIONS
A contract covering several establishments may be signed by a joint
board composed of several locals of an international union. Likewise,
several international unions which deal with the same employer may
jointly sign a contract.
A n agreement negotiated by a local union is sometimes made subject
to approval by the international before it becomes effective, although
the latter is not actually a party to it.
The employer party to an agreement may be a single employer, an
association of employers, or a group of employers not form ally organ
ized in an association. Association or group bargaining is prevalent
in coal mining, clothing, laundry and cleaning, longshoring, maritime,
baking, construction, trucking and warehousing, and several other
industries.
Both the association itself and its individual members may be parties
to the agreement. In some instances, however, the association or
employers’ council is negotiating agent for the employers but is not a
signatory to the agreement.
Many associations have fu ll authority to represent their members.
The individual employers are bound by any agreement thus entered
into, even though they do not sign it. In such cases, the agreement
specifies that the association is acting “ collectively and severally for
all of its members” or “ on its behalf and behalf of all its members” or
“on behalf of all its members, present and future.” The agreement
may also state that it is as binding on the member companies “ as if
signed by every member individually.” In other instances, the asso
ciation members are not bound by the agreement unless they sign it
individually or give specific authority to the association to do so.
Agreements sometimes specify that a copy o f such authorization shall
be furnished to the union in order that the union may know definitely
which employers are bound by its terms. To identify the individual
employers, the contract sometimes carries the names of all member
companies or the individual signatures of their representatives.
Sometimes, the company names appear in the body of the text; in
other instances, they are appended to the contract as a separate listing.
According to the terms of some association agreements, members
remain party to the contract and are fully bound even if they with
draw or are expelled from the association, or if they reorganize their
business by forming a corporation or a partnership, or by merging with
another firm. On the other hand, the association itself may be relieved
of responsibility for contract compliance by a member firm which has
either withdrawn or been expelled from the association. (See Bulle
tin 908-13, Strikes and Lock-O uts; Contract Enforcement.)
43. Local Union Only
This agreement is made and entered into by and between the company and
local No. — o f the international union.
PARTIES TO AGREEMENT
13
44. International Union Only
This agreement made this second day of [date], by and between the company
and international union.
45. International Union for Itself and on Behalf of Local
This agreement, dated this first day of [date], between the company and in
ternational union, affiliated with the CIO, for itself and on behalf of local No. — .
46. Local and International Union
Agreement entered into [date] between the company and the international
union, and its local — , hereinafter referred to as the ‘‘union.”
47. Local Union, International Union, and AFL Department Stores Council
Agreement made this thirteenth day of [date], between company and the Re
tail Clerks International Association, local — (A F L ), the Retail Clerks Inter
national Association (AFL) and the AFL Department Stores Council of New
Jersey (hereinafter collectively called the “ union” ).
48. AFL Metal Trades Council
Articles o f agreement between t h e ------ corporation, hereinafter referred to
as the “ company,” and th e ------ Metal Trades Council, affiliated with the Ameri
can Federation of Labor, composed of the following various crafts, namely:
[list of international unions].
49. International Union and Joint Board
This agreement, made and entered into this [date], by and between the
[name of association], and the International Ladies’ Garment Workers’ Union
and the Joint Board of Dress and Waistmakers’ Union of Greater New York,
composed of local Nos. — o f the International Ladies’ Garment Workers’ Union,
collectively designated herein as the union.
50. Several International Unions and Local Unions Party to Agreement
Memorandum o f working agreement between the company, party of the first
part, and the International Brotherhood of Paper Makers and local — ; Inter
national Brotherhood of Pulp, Sulphite, and Paper Mill Workers and local No.
— ; and lodge No. — o f the International Association of Machinists; and the
international representatives of the two locals herein first mentioned, parties
of the second part, hereinafter referred to as the unions.
51. International Union Party to Agreement as Agent for Its Locals
This agreement dated [date], is entered into between the company and the
United Steelworkers o f America, CIO (hereinafter referred to as the “ union” )
on behalf of itself as agent for the members of its affiliated local unions No. —
and No. — and the employees of the company within the respective bargaining
units at [city].
52. Individual Members of Union and Association Are Parties to Agreement
In view o f the fact that the committees representing the United States Pot
ters’ Association and the National Brotherhood of Operative Potters are both
empowered with full and final authority to act for their respective organizations
in the formation of this agreement, it shall be considered that the individual
members of both are parties to this contract, and should any individual member
o f either refuse to accept any condition herein, or should any one withdraw
from his organization by reason o f his dissatisfaction with the terms hereof,
such act shall be considered a violation of contract upon the part o f that indi
vidual, shall cancel his right to demand that he shall participate in the benefits
14
COLLECTIVE. BARGAINING PROVISIONS
and privileges of this wage agreement, and his right to demand that he shall
employ or be employed at the rates and under the conditions specified.
53. Contract Not Binding on Union Members Unless Approved by International
Union.
It is mutually agreed and understood that this contract shall require the
signed approval o f the international union to be fully binding upon the mem
bers o f the union.
54. International Union Approves Agreement as to Form Only and Is Not Party
to Agreement.
This contract is approved as to form only by the international union and in
doing so the international union assumes no liability whatever under this con
tract for the performance thereof or otherwise, and by such approval does not
become a party to the agreement.
55. Agreement Binding on All Locals if Approved by at Least Three Locals and
Their Parent International Unions.
Negotiations conducted between and concluded by the representatives of the
company and of three or more of the said union locals and their affiliated inter
national unions shall he valid hereunder and shall be final and binding upon
both parties hereto, including specifically any one or more of said union locals
which may have elected not to participate in the said negotiations.
N ote.—This contract covers a multiplant company and locals of several inter
national unions.
56. Each Union Bound Separately by Agreement
This agreement shall constitute a separate contract between the company and
each individual union severally executing the same, without regard to any other
party.
N ote.—This agreement covers a multiplant company and several local unions.
57. Agreement With Single Employer
This agreement dated [date] is between------ Company (hereinafter referred to
as the “ company” ) and the international union or its successor (hereinafter
referred to as the “ union” ) on behalf o f its local union No. — .
58. Several Employers Party to Same Agreement But Are Not Bound Jointly
This agreement is made and entered into this first day of July 1948 by and
between Norris Grain Co., operating Elevators “ E,” “ H,” and “ I” at Duluth,
Minn.; Globe Elevators Division of F. H. Peavey and Co., operating the Peavey
Elevator at Duluth, Minn., and the Globe Elevator at Superior, W is.; Spencer
Kellogg and Sons, operating the Spencer Kellogg and Sons Elevator at Superior,
W is.; Farmers Union Grain Terminal Association, operating the Farmers Union
Elevator at Superior, W is.; and Cargill, Incorporated, operating Elevators “K,”
“M,” and Itasca at Superior, W is.; contracting severally and not jointly but here
inafter collectively designated as the company, party of the first part, and the
American Federation of Grain Millers International (A F L ), local union No. — ,
Duluth, Minn., and local union No. — , Superior, Wis., contracting severally and
not jointly but hereinafter collectively designated as the union, party of the
second part.
59. Agreement With Employers9Association
Agreement made this [date] by and between local — , international union,
CIO, hereinafter referred to as the “ union,” and the association, a New York
PARTIES TO AGREEMENT
15
corporation, having its principal office in the borough of Manhattan, city
of New York, on behalf of its members, hereinafter designated as the “ employer.”
60. Association and Individual Member Companies Party to Agreement
Agreement made this fifteenth day of August 1948, by and between------ Asso
ciation, acting for the individual members signatory hereto and employer, a
member of th e------ Association, as individuals, party of the first part, hereinafter
called the “ employer” and local union No. — , international union, party of the
second part, hereinafter called the “ union.”
61. Agreement Covers Both Employers9 Association and Individual Employers
Who Are Not Association Members
Agreement made t h is ------ day o f ------- 1948, in the city and county o f San
Francisco, State of California, by and between the association, a California
corporation, as the recognized bargaining representative of its duly recognized
members, hereinafter designated as the first party, a list o f such recognized
members being attached hereto and marked exhibit “A ” and made a part h ereof;
also individual employers, party of this agreement but not member o f or in any
way connected with said corporation, hereinafter designated as parties of the
second part, a n d ------ union, local No. — , o f San Francisco and Bay Area, Cali
fornia, affiliated with the American Federation of Labor, said union being an
unincorporated association, acting collectively and hereinafter designated as the
third party.
62. Both Present and Future Members of Employers9 Association Covered by
Agreement
The parties obligate themselves to perform in good faith all the provisions
of this agreement; it being agreed and understood that the association hereby
contracts for and in behalf o f itself and of all of its present and future members,
and that the unions contract in behalf of themselves and in behalf of all members
now employed or hereafter to be employed by the members of the association.
63. Union and Association To Negotiate Wages and Hours for Future Members of
Association; All Other Provisions of Contract A re Applicable to Future
Members.
Whenever the word “ association” is used herein, it shall m ean------ Association
and each o f the members thereof separately, as set forth in schedule “A”
attached hereto, together with such persons or companies in the industry who
may hereafter become members o f the association and whose employees now are
or in the future become represented by the “union” as bargaining agent. In
the case of such future members of the association the subject matter of wages
and hours shall be negotiated between the union and the association and all
remaining provisions of this contract shall be applicable. The aforesaid respec
tive members of said association being sometimes hereinafter referred to as
“employer” or “company.”
64. Association Agreement Binding on Members With Same Effect as if Each
Member Signed Individually
The association and the union mutually stipulate that each and every member
of their respective organization is to comply with the terms of this collective
agreement. It is further agreed that they shall be binding on the association as
well as on each and every member of the association as o f the date hereof, and
that they shall be binding on every manufacturer who shall become a member
o f the association during the term o f this agreement, with the same force and
effect as if signed by each member manufacturer individually. It is agreed that
this clause will be made a condition for the acceptance o f new members.
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COLLECTIVE BARGAINING PROVISIONS
65. Association Members Ratify Agreement Executed by Association
The undersigned, represent that they are each members o f ------ Association,
that they have authorized s a id ------ Association to enter into a collective bar
gaining agreement dated ------ on their behalf with [union], that they hereby
ratify and affirm the said agreement dated------ with the same force and effect as
if the same were entered into and executed by each of them individually with
said [union], and agree to be bound by all the terms and conditions thereof for
the full term thereof including any extensions or renewals thereof.
66. Association Certifies That It Is Authorized To Represent Firms Listed in
Contract.
T h e ------ Association makes this agreement on behalf of the members thereof
as per appended member list below * * * and certifies that it holds and will
continue to hold formal authorization duly executed by each of such members.
67. Association To Furnish Union Written Certification of Authorization To
Represent Its Members
The association agrees to furnish to the union a certification in writing that
it has been authorized by its members to enter into this agreement. Each mem
ber of the league shall certify in writing that it authorized the association to
enter into this agreement, and that it will be bound thereby with the same force
and effect as if such member had individually entered into this agreement.
68. Written Certification of Authorization Furnished by Each Association Mem
ber at Union Option
At the option of the union, each member o f the association is to certify in
writing that he authorized the association to enter into this agreement and
that he will be bound by said agreement with the same force and effect as if he,
individually, entered into it. Before a member of the association signs said
authorization, the union shall notify the association if there are any grievances
or alleged violations on the previous agreement entered into by said member.
The association shall not accept any authorization until such time as the
grievance by the union has been settled. Subsidiaries and affiliated firms or
corporations, or members of the association shall, for the purpose o f this agree
ment, be deemed to be members o f the association and bound by all the terms
of this agreement.
69. List of Firms Represented by Association Given to Union and Incorporated
in Contract
The association, because o f its contract with firms engaged in [industry] shall be
the sole representative and bargaining agent with the union for each and all such
firms. A list of all firms so represented is furnished the union as of this date,
and same is made a part of this contract.
70. Association Guarantees That Its Officers Authorized To Sign for Association
and Its Members
The association represents that this agreement was approved by its board of
directors and its members and that its officers were authorized to sign it on
behalf of the association and its respective members.
The union represents that it was authorized to enter into this agreement by its
executive board.
71* Association Acts Only as negotiating Representative for Employers and
Assumes No Liability
This agreement shall be binding on each employer who subscribes hereto,
whose responsibility shall be limited to his own performance or nonperformance
PARTIES TO AGREEMENT
17
hereunder. It is understood that the association is not liable hereunder as it is
acting only as negotiating representative for the subscribing employers.
72. Employer’ s Council Contract Binding Only on Individual Employers Who
Sign It
This agreement entered into this [date], by and between the Marin County
Employer’s Council through the California Association of Employers, for and
on behalf of these firms only which by their written approval adopt this agree
ment and promise to be bound thereby, hereinafter referred to as the employer,
and the international union, through its agent, local No. — , hereinafter called
the union.
73. Each Employer Bound Separately and Is Not Responsible for Actions o f
Other Employers Covered by Contract
This agreement, when executed, is to be construed as though each of the em
ployers named above had made a separate and distinct contract with the union,
and wherever in this agreement the employers have any obligation, duty or
right, such obligation, duty or right is construed to be the obligation, duty or
right, of each of the employers named above with respect to its own employees
only. This agreement shall not be construed or considered as a joint obligation
of the employers, and no employer named above shall have any obligation or
duty with respect to the performance or nonperformance of this agreement or
any part thereof by any other employer.
74. Subsidiary and Affiliated Firms of Association Members Covered by Agree
ment. Determination of Affiliation by Impartial Chairman
Subsidiary and affiliated firms or corporations of members of the association,
or persons, firms, or corporations associated with, or manufacturing any
branch of millinery under the direction of any member o f the association, shall,
for the purpose of this agreement, be deemed to be members of the association
and bound by all the terms and conditions of this agreement.
The impartial chairman is vested with authority to determine whether an
alleged subsidiary or affiliate o f a member is in fact such subsidiary or affiliate,
and he may take into consideration the family relationship of nominal owners,
the mutuality or reciprocity of interests or any other facts and circumstances
which may indicate a plan, scheme, or device to avoid or evade the provisions
of this agreement by means of such subsidiary or affiliate.
75. Agreement Binding on Association Members Despite Change in Business
Organization or Withdrawal From Membership in Association
I f for any reason any firm name shall be changed, it is agreed that such change
Shall in no manner affect the binding obligations o f this agreement or the carry
ing out of same.
In the event that a copartnership shall incorporate, or that a firm shall in
corporate, or that a firm shall become a copartnership, or in the event any like
business reorganization shall take place, then the newly formed business or
ganization shall be bound by this agreement and all its terms. This agree
ment shall be binding upon any business entity which shall succeed the employer
in carrying on the business.
It is further agreed that if any copartnership, firm, or corporation shall dis
solve and such dissolution is not brought about by a creditor’s bill, bank
ruptcy, assignment for benefit o f creditors, or any similar cause, then in that
event, this agreement and all its terms shall be binding on each of the partners
who resume manufacturing thereafter. In the event that the union and such
896400°—50----- 4
18
COLLECTIVE BARGAINING PROVISIONS
employer cannot agree as to the number of employees to be reemployed, the
matter shall be referred to the machinery of adjustment hereinafter provided.
In the event o f the resignation, a withdrawal, or expulsion of any member
o f the association for any reason whatsoever during the term of this agreement,
such member shall, nevertheless, be fully bound by this agreement and all its
terms, and shall be responsible for the full performance thereof.
76. Association Not Responsible for Performance o f Agreement by Member With
drawn or Expelled From Association
In the event of the withdrawal, resignation, or expulsion for any reason what
soever, o f any member of this association during the term of this agreement,
such member shall be responsible for the full performance of this agreement,
but the association is not to be held responsible for the full performance of this
agreement by such former member.
Assignment o f Agreement
Clauses determining the applicability of the contract are important
because the ownership of a company may change or a local union may
transfer its affiliation from one organization to another. A pro
vision making the contract binding upon the successors of the em
ployer and union protects both parties against interruption of the
collective bargaining relationship. A t the same time it protects the
jobs and working conditions of the union members.
Relatively few contracts specify that the agreement is not assign
able. Some explicitly state that the agreement is binding on the suc
cessors and assignees of the company, but prohibit assignment to the
union’s successor. Others state that, although the agreement is not
binding on the employer’s successor, the employer will attempt to
insure continuation of the agreement.
Some agreements state that the officers or directors of a signatory
firm are subject to the contract’s terms and that these officers shall not
create a corporate successor to avoid collective bargaining. Such
clauses are aimed to prevent evasion of the terms of the agreement by
an employer through a change in corporate structure or by a transfer
of assets to another company controlled directly or indirectly by him.
Closely akin are provisions that no concern shall enter into a partner
ship or consolidate or merge with another company in the industry,
unless the new firm also assumes the obligations of the existing
contract.
77. Agreement Binding on Successors or Assigns of Both Parties
It is hereby agreed that the terms o f this agreement shall be binding upon the
successors or assigns o f the respective parties.
78. Agreement Binding on Successors and Assigns of Both Parties Regardless
of Changes in Ownership, Management, Consolidation, Merger, Transfer,
or Location
This agreement shall be binding upon the successors and assigns of the parties
hereto, and no provisions, terms, or obligations herein contained shall be affected,
ASSIGNMENT OF AGREEMENT
19
modified, altered, or changed in any respect whatsoever by the consolidation,
merger, sale, transfer, or assignment o f either party hereto, or affected, modified,
altered, or changed in any respect whatsoever by any change o f any kind of
the ownership or management o f either party hereto or by any change, geograph
ical or otherwise, in the location or place o f business of either party hereto.
79. Contract Not Affected by Change in Ownership or Location o f Company But
Is Not Assignable to Another Union
During the term of this agreement no provisions, terms; or obligations shall
be affected, modified, altered, or changed in any respect by any change in the
legal status, ownership, or management of the company, or any change, geograph
ical or otherwise, in the location of its places of business. However, this agree
ment is not assignable to any other labor organization.
80. Company Not To Sell Business Unless Buyer Assumes Obligations o f Contract
The company agrees not to sell, transfer, or assign its interest in this cor
poration to another corporation without such new corporation assuming all of
the obligations of the terms o f this contract.
81. Employer To Require Successor To Assume Contract if Business Disposed Of
If the employer shall sell, transfer, or otherwise dispose of its business, or
cause it to be merged or consolidated with that of any other person, the agree
ment by which such sale, transfer, disposition, merger, or consolidation is made,
shall provide that the person thereafter to operate the business shall assume
all of the terms and conditions of this agreement and shall specifically agree
to retain in his employ all members of the union then employed in the business.
I f the employer shall acquire from any other party by sale, transfer, merger,
consolidation, or otherwise, the business of any other person, it shall specifically
agree to employ all members of the union theretofore employed by such other
person.
82. Owners and Officers of Company Not To Work for or Render Service to
Transferee if He Refuses To Assume Contract
This agreement shall be binding upon and inure to the benefit of the respective
parties and their legal representatives, successors, and assignees, and in the
event the business or assets or good will of the employer shall be assigned or
transferred in any way or to any place or state, and said assignee, transferee,
or purchaser will refuse to abide by the terms and conditions o f this agreement,
then, and in that event, the stockholders, members and officers o f the employer,
if it is a corporation, or the partners of the employer, if it is a partnership, shall
not be employed by or render any service to the said transferee, purchaser, or
assignee during the life of this agreement.
83. Agreement Binding on Successor Manufacturing the Same Product
It is agreed that this contract shall be binding upon successors o f said company
with respect to the manufacture of substantially the same products, as are being
manufactured at said plant at the time of taking possession by any such successor.
84. Description of Parties to Agreement Includes Successors and Assigns o f
Company
Agreement made and entered into by and between Key System Transit Lines,
its successors and assigns, hereinafter called the “ company,” and division — ,
Amalgamated Association of Street, Electrical Railway and Motor Coach Em
ployees of America (A F L ), and the employees o f the company who are now or
may hereafter become members o f said division — , hereinafter called the
“ association.”
20
COLLECTIVE BARGAINING PROVISIONS
85. Contract Not Affected by Merger or Consolidation But Is Not Binding if
Business Entity is Sold Outright
This agreement shall be binding not only upon the employer but also upon
any person, firm, or corporation who shall succeed the employer in carrying on
the business o f the employer, whether the successor, person, firm, or corporation
shall be the same business entity or otherwise. This clause shall not be appli
cable to a bona fide sale of a business entity to a third party, but shall be ap
plicable to any merger or consolidation of two or more business entities any of
which are parties to this agreement.
86. Union Not Required To Recognize Sale, Transfer, or Assignment if Former
Owners Retain Right of Control or Supervision
No sale, transfer, or assignment, nor any agreement for the sale, transfer, or
assignment, heretofore or hereafter made by the owner or part owner of any
baking establishment, of his interest therein, under the terms of which such seller,
assignor, or transferer retains control or supervision or the right of control or
supervision over said business, shall be recognized by the union, and the buyer,
assignee or transferee under such sale, transfer, or assignment or agreement for
such sale, transfer, or assignment, shall not be deemed a working employer under
the terms of this agreement, so long as such control or supervision or the right
of control or supervision on the part of such seller, transferer, or assignor shall
continue.
87. Employer Not To Enter into Partnership, Consolidation, or Merger Unless the
New Firm Assumes Accrued Obligations to Employees
The employer shall not enter into a partnership, consolidate, or merge with
another person, firm, or corporation in the industry, unless the new person, firm,
or corporation assumes all accrued obligations to the workers and agrees to be
bound by the terms and provisions of this agreement.
88. Both Present Employer and Successor Liable for Unpaid Wages, Vacations,
or Holidays
In the event that employer sells, transfers, or assigns his bakery, the obliga
tion of the employer for unpaid wages, vacations, or holidays due or to become
due shall be binding on the transferee as well as on the original employer. The
transferee shall also be bound by all the terms o f this agreement.
89. Specification of Conditions Under Which Employer’ s Successor May Become
Party to Agreement
In the event o f a bona fide sale or other transfer o f title of any building
covered by this agreement, or in the event of a change of control through a lease,
or (in the case of a noncorporate ownership), if any person or persons com
pletely divest themselves of ownership or control by any arrangement, the suc
cessors in ownership or control may within twenty (20) days thereafter, become
a party to this agreement, provided that during such period there is no lay-off
o f employees and no change o f wages, hours, terms, or conditions o f employment
in the building; provided that the status of employees in respect to vacations for
the current year and in respect to seniority shall be recognized by the new
owners or transferee, and further provided that where, by virtue of the terms of
this agreement or the expiration o f this agreement, the question o f wages to be
paid is undetermined and awaiting determination at the time of sale or transfer,
that provision is made to cover the payment of any retroactive wage due to the
employees during the said period or any part thereof in which wages were un*
ASSIGNMENT OF AGREEMENT
21
determined. I f there is any dispute as to the amounts due under this provision
the dispute shall be referred to the contract arbitrator for determination.
90. Agreement Not Affected if Union Affiliates With Any Other AFL Organization
This agreement shall inure to the benefit of and be binding on the successors
and assigns o f the company and shall be nonassignable by the union, but, nothing
in this provision shall prohibit the union from affiliating with any other or
ganization within the American Federation of Labor and the contract shall
remain in full force and effect notwithstanding a change in affiliations.
91. Agreement Terminated if Local Loses Affiliation With American Federation
of Labor
This agreement will automatically terminate in the event the signatory local
of the international union shall cease to be chartered by the American Federa
tion of Labor.
92. Company May Terminate Agreement if Union Changes Affiliation or Admits
to Membership Other Than Company Employees
This agreement may be terminated forthwith by the company in case the
union changes its present affiliation or admits to membership other than em
ployees of the company.
93. Agreement Not Assignable
This agreement is not assignable or transferable, nor shall it inure to the
benefit of any other labor organization which the members of the union may
join.
94. Agreement Not Assignable Except by Consent of All Parties
This agreement may not be transferred except by written consent of all parties.
95. Employer Not To Assign Agreement Without Union Consent
Except with the consent of the union, the contract cannot be assigned by this
company.
A mere change of name by any o f the parties shall have no effect under this
article.
96. Continuation of Agreement by Mutual Consent o f Employer’s Successor and
Union
If, at any time prior to the termination o f this agreement, the company should
discontinue th e ------ business in any of its plants or should sell or dispose o f the
same, or if a majority o f the common stock o f the corporation should be sold or
disposed of so that there is a change in ownership, controlling interest, or man
agement of the company, then, and in either of such cases, the company, at its
option, may terminate this agreement in its entirety or as to any plant or plants
involved, upon thirty (30) days’ notice in writing to the union. If, however,
there should be a change in the ownership or management of the company as
herein provided, this agreement may be continued in full force and effect by the
written consent of the union and any successor or successors in ownership or
control of the company.
97. Agreement Not Assignable But Company To Try To Insure Continuation
This agreement is not assignable. In the event o f change of management, or
geographical location of plants, or sale of the company, the present management
shall use its best efforts to insure continuation of this agreement during its
prescribed period.
22
COLLECTIVE BARGAINING PROVISIONS
98. Union and Association Notified of Employer Member's Intention To Dispose
of Business. Association To Try To Prevent Employees' Loss of Benefits
Because of Change in Ownership
Before any sale, assignment, or other change in name or ownership is made
by any employer party to this agreement, the union and th e ------ association shall
be notified in writing of contemplated sale, assignment, or change at the time of
filing of the notice o f intent to sell. The new ownership shall be fully informed
as to all terms and conditions o f this agreement.
T h e ------ association will do everything in its power to see that employees cov
ered by this agreement do not suffer loss of benefits provided by this agreement
through sale, assignment, or other change in name or ownership.
Applicability o f Clauses to Em ployer’s Competitors
A n employer’s competitive position in his industry is naturally
affected by differences between the terms o f his collective bargaining
contract and the conditions o f work maintained by his competitors,
whether under contract or not. W ages and working conditions are
generally uniform if bargaining is conducted by an employers5associa
tion which includes all or nearly all of the employers in an industry,
but industry-wide bargaining is not widespread. Therefore, some
contracts have provisions designed to insure that the signatory
employer’s competitors are not granted more advantageous terms by
the union.
Frequently a union in bargaining with an association will subscribe
to a “most favored employer” clause applicable to future negotiations
between the union and independent employers. In this clause, the
union agrees not to concede more favorable terms to independent com
panies than to association members, at least without making the
same terms applicable to the association contract as well. Some clauses
prohibit granting more favorable terms to competing employers;
others allow the employer to cancel the agreement if the union offers
other employers substantially better terms. Others permit variations
but allow the signatory employer to adopt such terms at his option or
to incorporate such terms automatically in his current contract.
In order to secure compliance with provisions of this nature, union
agreements with employers’ associations sometimes require the union
to file with the association (or with the impartial chairman) a copy
o f each o f its agreements with nonmember firms.
Sim ilar in intent is a pledge by the union to obtain, to the best of
its ability, uniform wages and working conditions throughout the
industry or area.
Some agreements contain a union pledge to seek to prevent its mem
bers from working for less than the union rate of wages or under other
less favorable conditions than those prescribed in the master contract.
CLAUSES APPLICABLE TO EMPLOYERS’ COMPETITORS
23
Such a pledge has two purposes: (1) T o prevent employers who do not
belong to the association and who are not signatory to the master
contract from employing union men under conditions which give such
employers a competitive advantage over those who comply with the
conditions o f the master contract; and (2) to prevent employers who
are parties to the agreement from entering into arrangements with
their employees for rates below the scale.
99. Union Not To Grant More Favorable Terms to Competitor o f Employer
The "union” agrees not to make or enter into verbally or otherwise any agree
ment with any employer engaged in a kindred business whose provisions are
more favorable to the employer than this agreement.
100. Union Pledge Not To Place Employer in Unfavorable Position Relative to
Competitors With Which Union Has Agreements
The union recognizes that competitive costs are o f vital importance to running
the mills steadily and furnishing regular employment, and it will not seek to
place the company in an unfavorable position with any competitor with which
the union now has or may have a collective bargaining agreement.
101. Union Pledge To Obtain Uniform Working Conditions in Entire Industry
The union agrees that in any other agreement with employers which it will
make in Greater New York or elsewhere in the United States, the stipulated con
ditions o f work and wages shall in no way be less than the terms of this
agreement.
The union further pledges to the limit of its ability and financial resources to
obtain these conditions in the entire industry.
102. Prohibition of More Favorable Terms in Specified Geographic Area
The union shall not enter into or execute any agreement with any individual
employers or any other association, by reason whereof any person, firm or corpo
ration engaged in the manufacture of millinery in Greater New York and
vicinity shall have any benefit or privilege not accorded the association or any
o f its members as herein provided; nor shall any such other agreements contain
terms more favorable to any such individual employer or association than are
herein set forth for the association and its members.
103. Union Not To Allow More Favorable Terms to Any Employer in City Without Prior Consent of Employers' Association
To maintain equitable competitive standards within the industry and as far as
possible, to eliminate the element o f labor from such competition, the provisions
hereof shall apply uniformly to all manufacturers who are parties hereto or to
counterparts hereof. No agreement containing more favorable terms or differ
ent terms from those o f this agreement will be made or extended or renewed by
th e ------ union with any manufacturer in this industry without first obtaining in
detail the piece or time work rates to be paid to each c ra ft; and within 10 days
after every contract is made by t h e ------ union with any manufacturer in this
industry, a true copy of such contract and of the piece and time work rates to
be paid by such manufacturer shall be filed with the institute.
The union, however, agrees that no contracts containing terms more favorable
to any employer doing business in the city of Paterson shall be signed without
the prior consent of the institute.
24
COLLECTIVE BARGAINING PROVISIONS
104. Union Not To Allow Members To Work Under Conditions Less Stringent
Than Those Required by This Agreement
The union hereby agrees that it will prevent its members from working for
any employer under conditions less stringent than those provided in this
agreement.
105. Consent of 75 Percent of Signatory Employers Required Before Union Signs
“More Favorable?’ Agreement With Other Employers
Local No. — . during the life of this agreement, shall not make any agreements
with any persons, firms, or corporations in which lower rates of wages or prices
or more advantageous terms shall be provided for. However, whenever for the
best interests of the trade, the union finds it necessary to sign an agreement
with a firm with other conditions than the terms o f this agreement, consent there
for should first be obtained from 75 percent o f the signers o f this collective
agreement.
106. Agreement Automatically Amended To Include More Favorable Terms
Granted Another Employer
The union agrees that it will not execute a more favorable contract to any
other employer in the trade conducting a similar business. In the event that the
union does execute such a contract containing more favorable provisions, then
and in that event this agreement shall be deemed to be automatically amended
so as to include the more favorable provisions contained therein.
107. Employer Option o f Adopting More Favorable Terms Granted Another
Employer
Should the union hereafter enter into any agreement with any milk dealer upon
terms and conditions more advantageous to such dealer than the terms o f this
agreement, the employer shall be entitled to adopt said items and conditions in
lieu o f those contained in this agreement.
108. I f Union Grants More Favorable Terms to Another Employer, Association’s
Demand for Adoption of Such Terms Subject to Arbitration
The union agrees that all contracts which it shall hereafter execute or renew
shall be in writing.
The union agrees that it shall not grant or permit any competitively situated
employer in th e ------ district in whose plant the union hereafter shall have been
the bargaining agent for one (1) year, under contract any more favorable wages,
hours, working conditions, or shop practices, than those applicable to the em
ployers herein. In the event the union or the international shall execute any
such contract, without prior consent o f the association, the association shall have
the right to demand that such more favorable terms be included and/or sub
stituted in this contract, and in the event the parties do not agree, this matter
shall be submitted to arbitration as herein provided for a determination as to
whether such more favorable terms shall be included and/or substituted in this
contract.
The union further agrees that it shall make every effort not to grant or permit
any competitively situated employer in th e ------ district in whose plant the union
hereafter shall be the bargaining agent for less than one (1) year, any more
favorable wages, hours, working conditions, or shop practices, than those ap
plicable to the employers herein. In the event the union or the international shall
execute any such contract, without prior consultation of the association, the
association shall have the right to demand that such more favorable terms be
included and/or substituted in this contract, and in the event the parties do not
agree, this matter shall be submitted to arbitration as herein provided for a
CLAUSES APPLICABLE TO EMPLOYERS’ COMPETITORS
25
determination as to whether such more favorable terms should he included and/or
substituted in this contract.
109. Union To Send Employers9 Association Copy of Any Agreement Differing
From Standard Agreement. Employer Option To Adopt More Favorable
Terms Inoperative fo r 1 Year in Case of First Contract Between Union
and Competing Firm
It is mutually agreed that this agreement shall be the standard form of
contract applicable to all manufacturers of * * * who have an agreement
with the union, and in the event that the union has made or shall make an
agreement with any------ manufacturer providing for any different conditions than
those set forth herein, a copy thereof shall immediately be sent by registered
mail to the secretary o f th e ------ Institute by the secretary of the union and the
conditions o f that agreement shall be immediately put into effect in the mill of
this employer if desired by it; provided, however, the provisions o f this sub
section shall not be applicable for a period of 1 year after the inception of initial
contractual relations between the union and an employer who has not heretofore
been in contractual relationship with this union, but this proviso shall not elimi
nate the obligation of the union to send a copy o f such agreement to the secretary
o f th e------ Institute as herein provided.
110. Employer May Cancel Agreement if Union Grants More Favorable Wages
and Hours to Competitors
It is expressly understood and agreed that the employer has the right to de
clare this contract null and void if from and after the date this contract is
executed, the union executes a contract with any other product plant in Chicago
or in the suburbs of Chicago doing business in Chicago which differs in any
substantial particular with the terms of this contract which pertain to the scale
of wages and hours o f employment.
111. Employer May Cancel Agreement if Union Signs More Favorable Agreement
With Competitor and Fails To File Copies With Association
The union agrees that during the term of this agreement it will not enter into
any agreement with any manufacturer of specified products containing terms
more favorable to the employer than those contained in this agreement and the
union agrees that it will furnish to the * * * the employer’s association,
a copy of any agreement entered into by it with any such manufacturer. The
failure of the union to comply with the terms of this paragraph shall constitute
a breach o f this agreement and the employer may, at its option, terminate this
agreement on written notice to the union.
112. Union To File With Employers9 Association Copies of Its Agreements in
Designated Industry and Area
The union agrees that if it executes a contract with another manufacturer of
the same product in [area] that it will immediately file with the secretary o f
th e------ association a full and true copy thereof.
113. Impartial Chairman To Receive Copies of All Contracts Between Union and
Independent Firms. Independent Contracts To Carry Expiration Date
Prior to Association Contract
The union shall deposit with the impartial chairman copies of all agreements
executed with independent operators, i. e., wholesalers who are not members
of the association. Such agreements with independent operators are to expire
concurrently with or before the contract with the association.
26
COLLECTIVE BARGAINING PROVISIONS
Effect of Master Agreement on Prior Agreements and Local
Agreements
More or less informal understandings and customary practices often
affect wages and working conditions. Contracts may provide for the
continuation of such understandings or practices, if they do not con
flict with the contract. Under some association contracts, employees
of any member company are protected from a reduction in wages or
from the loss o f other benefits previously gained by collective bargain
ing. Similar guarantees are found in company-wide agreements
which allow for local conditions or previous contracts covering a
single plant.
On the other hand, the contract may provide that all understand
ings, supplements, rulings, or practices previously effective are can
celed and that the collective bargaining contract constitutes the sole
agreement between the parties.
W here several employers or several establishments of a single em
ployer are covered by an agreement, differences in employment prac
tices and local peculiarities are often recognized and allowed for.
Master contracts, therefore, are often restricted to provisions of uni
form and general application, leaving local differentials to be worked
out between the member companies or individual plants and their
organized employees. The results of these local negotiations are
incorporated in local supplements to the master contract. Practice
does not appear to be uniform in determining which matters are of
general concern and therefore require uniformity of treatment by all
association members (to be covered in the master contract) and which
are of local concern and may more appropriately be left to individual
employer (or plant) adjustment, supplementing the master contract.
Nevertheless, some attempt is made to lim it and define the sphere of
local bargaining in order to avoid conflict with the master contract.
This is usually accomplished by specifying that local supplements
must be approved by the association, company officials, or international
union, or by a joint committee, as the case may be.
Unions usually prefer that the wages and other conditions of em
ployment of their members shall be uniform, regardless of location
of the place of employment. Some master agreements, therefore,
contain an outright prohibition against all local bargaining, either by
a prohibition against m odifying the terms of the master contract, or
by recognizing the association as exclusive bargaining agent for its
members, or by forbidding individual agreements.
EFFECT OF MASTER AGREEMENT
27
R elation o f C urrent A greement to P rior A greements , P ractices , or
C ustom
114. Agreement Cancels All Previous Agreements and Understandings
This agreement cancels each and all understandings and agreements hereto
fore had between the respective parties and constitutes the entire agreement
between the parties.
115. Agreement Cancels All Previous Agreements or Understandings Except
Those Specifically Retained
It is the intention of the parties that this agreement dated [date] shall termi
nate all prior agreements heretofore entered into by any representatives of the
company and its employees pertaining to rates of pay, hours of work, or working
conditions other than stipulated in this agreement or incorporated herein by
reference, including, but not restricted to, all previous contracts, supplements
thereto, stipulations, rulings, prior agreements or understandings, either written
or oral. Furthermore, any future modification, supplementation, variation, or
addition to this agreement shall only be binding upon the parties if it is in writing,
signed by them.
116. Cancellation of Local Agreement, Rules, Regulations, and Customs Which
Conflict With Contract
This agreement supersedes all existing and previous contracts except as in
corporated and carried forward herein by reference; and all local agreements,
rules, regulations, and customs heretofore established in conflict with this agree
ment are hereby abolished. Prior practice and custom not in conflict with this
agreement may be continued, * * *.
117. Cancellation of Interpretations, Rulings, and Arbitrators' Decisions Con
flicting With Agreement
All previous interpretations, rulings, “Adjustment Board” decisions, and arbi
trators' decision which conflict with or are superseded by the specific provisions
of this agreement shall be given no weight or consideration whatsoever in the
settlement of disputes involving the interpretation o f this agreement.
118. Agreement Cancels Previous Agreement and Supplement but Processing of
Unsettled Grievances May Be Completed
This agreement terminates the agreement of [date], as amended and supple
mented [date].
The two grievances heretofore reduced to writing and still unsettled may be
processed through to completion.
119. Neither Party Bound by Regulations of the Other Party Which Are Not
Incorporated in Agreement
It is expressly agreed that the rights and relations of the parties hereto are
covered by the terms of this agreement and scale of wages.
Neither party to this agreement shall be called on to recognize or be bound
by any law, rule, or regulation o f the other party which is not specified in and
made a part o f this agreement.
120. Company-Wide Agreement: Local Understandings Continued Unless Changed
by Mutual Agreement or Employees Deprived of Benefits Under Present
Agreement
All present local understandings will remain in effect unless changed by mutual
agreement or unless they deprive the employees of any benefits provided for by
this agreement.
28
COLLECTIVE BARGAINING PROVISIONS
121. No Change in Local Rules Effective on Specified Date Without Mutual
Consent
Local rules and regulations covering ^working practices and conditions of labor
of employees which have been established by custom or local agreement and
were in effect [date], shall not be changed during the life o f this agreement
without mutual consent.
Note.— This agreement covers a number of separate operations o f this company
and is negotiated with a group of craft unions.
122. No Reduction in More Favorable Wages or Conditions Existing Before
Agreement Became Effective
This agreement is the entire agreement between the parties, and both parties
will abide by it, in spite of any rules, regulations, customs, or practices either
may have during its life, except that there shall be no reduction in a more favor
able wage or conditions in existence at the time o f the effective date o f this
contract.
123. Employees of Association Member To Continue To Receive Any Conditions
Whicfi Are More Favorable Than Those Provided by Association Agreement
The association member agrees that any conditions enjoyed by its employees
more favorable than those contained herein shall be incorporated in a rider
attached to this agreement, and be continued in effect by such association member
for the benefit of its employees.
124. Agreement With Independent Employer Which Is More Favorable to Union
Than Association Agreement Remains in Effect Even if Employer Joins
Association
In the event the union shall have made an agreement with any employer who
shall, upon the execution of this agreement, not have been a member of the
association, which agreement is more favorable to the union than the within
agreement, the said agreement with the said employer shall nevertheless remain
in full force and effect, even if during the term hereof the said employer shall
join the association, anything to the contrary herein notwithstanding.
125. Master Contract Supersedes Individual Employer Contract When Employer
Joins Association But Conditions More Favorable to Employer or Employee
Retained for Duration of Master Contract
In the event there is in existence at the time such firm becomes a member o f
[association], an individual contract between that firm and the union, such
contract shall be deemed to be superseded by this agreement; provided, however,
that any conditions contained in such individual agreement which are more favor
able to employer or employee shall be reduced to writing and considered a supple
ment hereto applicable to such individual firm and the union for the duration of
this agreement.
126. Association Agreement Not Intended To Discourage Continuance of More
Favorable Conditions Already Established by an Individual Employer
It is not the intent of this agreement to discourage the continuance of more
favorable conditions already established by an individual employer, nor does it
preclude the discontinuance of any such condition at the employer’s discretion.
L ocal M odifications or Supplements to M aster C ontracts
127. Company-Wide Agreement: Detailed Regulations Governing “Local Work
ing Conditions”
The term “local working conditions” as used herein means specific practices
or customs which reflect detailed application of the subject matter within the
EFFECT OF MASTER AGREEMENT
29
scope o f wages, hours of work, or other conditions o f employment and includes
local agreements, written or oral, on such matters. It is recognized that it is
impracticable to set forth in this agreement all of these working conditions,
which are of a local nature only, or to state specifically in this agreement which
of these matters should be changed or eliminated. The following provisions pro
vide general principles and procedures which explain the status o f these matters
and furnish necessary guideposts for the parties hereto and the board.
1. It is recognized that an employee does not have the right to have a
local working condition established in any given situation or plant where such
condition has not existed during the term of this agreement or to have an
existing local working condition changed or eliminated, except to the extent
necessary to require the application of a specific provision o f this agreement.
2. In no case shall local working conditions be effective to deprive any em
ployee o f rights under this agreement. Should any employee believe that a local
working condition is depriving him of the benefits o f this agreement, he shall
have recourse to the grievance procedure and arbitration, if necessary, to require
that the local working condition be changed or eliminated to provide the benefits
established by this agreement.
3. Should there be any local working conditions in effect which provide bene
fits that are in excess of or in addition to the benefits established by this agree
ment, they shall remain in effect for the term of this agreement, except as they
are changed or eliminated by mutual agreement or in accordance with paragraph
4 below.
4. The company shall have the right to change or eliminate any local work
ing condition if, as the result of action taken by management under section 3—
Management, the basis for the existence o f the local working condition is changed
or eliminated, thereby making it unnecessary to continue such local working
condition; provided, however, that when such a change or elimination is made
by the company any affected employee shall have recourse to the grievance pro
cedure and arbitration, if necessary, to have the company justify its action.
5. No local working condition shall hereafter be established or agreed to
which changes or modifies any of the provisions of this agreement. In the event
such a local working condition is established or agreed to, it shall not be enforce
able to the extent that it is inconsistent with or goes beyond the provisions
of this agreement, except as it is approved by an international officer o f the union
and the industrial relations executive of the company.
128. Multiplant Agreement: Specified Subjects To Be Negotiated by Local
Unions and Local Plant Management
The following subjects are viewed as primarily local problems and therefore
shall be referred back to the local plant management and unions for negotiation
after execution o f this agreement, provided that decisions so reached shall not
conflict with any of the terms and provisions of this agreement. The foregoing
shall not be construed to prevent special arrangements and terms with respect
to salaried employees at th e ------ plant as covered in memorandum “A” . In the
event of local disagreement, any issues with respect thereto after 10 days from
final disagreement shall be referred to the grievance machinery at step 4 [arbi
tration].
(a ) Questions relating to seniority and its administration in determining
the filling of vacancies, lay-offs, and transfers in each local plant.
(b) The method of distributing overtime.
(c) Determination of the number of unpaid holidays.
(d) Agreement covering those salaried employees at t h e ------ plant as de
fined in paragraph 5.
30
COLLECTIVE BARGAINING PROVISIONS
(e )
(f )
(g)
(h)
(i)
Details of training procedure.
Regulations for leaving the premises on paid lunch periods.
Assignment of lunch periods in accordance with paragraph 66.
Performance of mechanical work.
Changes in employee's working hours.
During such local negotiations, the present local rules now in force and effect
shall continue.
129. Association Agreement: Local Unions and Employers To Work Out Seniority
and Promotion Policy. Local Agreements To Be Registered With Interna
tional Union and Association
It is agreed that the local unions and their respective employers shall be
authorized to work out their individual seniority and promotion policy. Should
a dispute arise in any shop as to a promotion or demotion or choice o f work, the
decision of the arbitrator shall be governed by the agreement of the mill involved
in the dispute. Provided, however, that if no agreement has been reached in the
mill involved, the matter shall be arbitrated by the impartial chairman, who shall
render a decision on the merits; each member mill agreement must be registered
with the offices of the international union and the association.
130. Association Agreement: Supplemental Agreements on Wages, Hours, and
Working Conditions To Be Made for Industry Divisions and Local Areas,
Subject to Master Agreement
There are several divisions of the motor trucking industry and various local
areas for which different schedules o f rates of pay, hours of service, and working
conditions must necessarily be provided and for such reason individual agree
ments supplemental hereto shall be made for each such division of the industry
and for each such local area covering such matters. All such supplemental
agreements shall be subject to and be controlled by this agreement, and such
agreements shall be specific both as to territory and the class or division o f the
industry covered thereby.
131. Association Agreement: Supplemental Agreements on Local Matters
Attached as Riders to Master Contract, Subject to Approval of Joint
Committee
All conditions and matters, considered by employer and union as “local
matters” and peculiar to the operations of the employer and not of general appli
cation to the industry, shall be treated as local matters, and such conditions are
to be reduced to writing and attached to this contract in the form of a rider and
considered to be a part hereof: Provided, however, that such riders are first
approved by the National Joint Automobile Transporters Committee herein
provided.
132. Industry/Area Agreement: Local Union and Employer May Negotiate
Improvements in Standard Agreement
A rider or supplement to this agreement providing for better wages, hours, and
working conditions may be negotiated by the local union and employer affected
and put into effect if approved by the Central States Drivers Council.
133. Association Agreement: Local Unions and Employers Not Authorized To
Make Separate Agreements Involving Subject Matter of Master Agreement
Except where specifically authorized by this agreement, it is expressly under
stood that no company or local, party to this agreement, shall have the power
to make or enter into any separate or special agreement involving the subject
matter o f this agreement.
EFFECT OF MASTER AGREEMENT
31
134. Association Agreement: Local Unions and Employers May Not Adopt Rules
Which A re Contrary to Agreement or Which Are Not Part of It
It is not the function or the right of the manufacturers or the local unions or
their officers to change this national agreement and working rules or to adopt
resolutions or rules which are contrary to its provisions or which are not a
part of it.
135. Association Agreement: Local Agreements Not To Conflict With Master
Agreement
Problems not of an industry nature are to be adjusted locally, but in no event
shall decisions or local rules be made which conflict with the provisions and
intent of this agreement.
136. Company-Wide Agreement: Local Agreements Not Effective Until Inter
national Union and Company Determine That There Is No Conflict With
National Agreement
The company and the union agree that before each local master agreement
negotiated on a local level is made effective, it shall be referred to the interna
tional union and to the company for the sole purpose o f determining whether
the agreement is in conflict with this national agreement. In the event there
are no conflicts, the local master agreement negotiated on a local level shall
become effective upon such determination by both parties.
Oral or written agreements other than the local master agreement shall not
be submitted to the international union nor to the company for approval. They
shall not, however, conflict with the provisions of this agreement.
137. District Agreement Not Effective Until Approved by International Union
No district contract or agreement negotiated hereunder shall become effective
until approval of such contract or agreement by the international union has been
first obtained.
138. Joint Committee o f Association and Union Must Approve Contract Addenda
Covering Individual Companies
It is understood and agreed that at individual companies where special con
ditions prevail or job classifications not covered by the agreement are used,
the union shall negotiate with the individual company an addendum covering
these special conditions, which shall become part of the master agreement for
such company. This agreement shall not become effective as to Article X [Union
Representation and Adjustment of Grievances] and Article III [Management
Security] for those plants where necessary addenda are required for completion
of the wage structure for those classifications not covered herein. The contract
shall be in full force and effect on all other sections not requiring an addendum
upon the signing o f this agreement. Such addenda shall not become effective
until approved by a joint committee composed o f representatives of t h e -----association and the union.
139. Master Agreement To Prevail in Event of Conflict With District or Local
Agreements
Wherever a conflict arises between this agreement and any district or local
agreement, this agreement shall prevail.
140. Supplemental Agreement Covering Association Member To Prevail in Event
of Conflict With Association Agreement
It is recognized that there may be special problems concerning association
members which may require special treatment. It is agreed that there shall be
added to this agreement additional clauses covering such problems as they arise,
32
COLLECTIVE BARGAINING PROVISIONS
which shall be supplemental to and in modification of this agreement with
regard to such association member. Wherever the provisions of such supple
mental paragraph conflict with any provision of this agreement, the terms and
provisions of such supplemental agreement shall be deemed to control.
141. Termination of Agreement Terminates Local Supplements
Upon termination of this agreement, all local supplements to this agreement
shall automatically also terminate.
Duration and Renewal o f Agreement
Alm ost all contracts have clauses which state the length o f time
during which the contract is to remain in effect. A 1-year term pre
vails, although a substantial number are signed for 2 years and a few
run as long as 5 years. Some agreements do not have a fixed duration
but extend indefinitely until reopened for negotiation or terminated
by either party after due notice. In some indefinite term contracts,
however, notice o f termination or modification cannot be given until
the agreement has been in force for a certain minimum period. In
effect, therefore, such agreements are equivalent to short-term con
tracts.
Usually provision is made for automatic contract renewal from
year to year (or on an indefinite basis), unless modification or can
cellation is requested by either party at the end of the initial term or
at succeeding yearly expiration dates. Other agreements provide for
a single renewal, usually for a period equal to that originally specified.
A long-term contract tends to make the collective bargaining rela
tionship more stable than a short-term agreement but, in the absence
of a reopening provision, it also sacrifices flexibility. Fixing wages
and working conditions for a period of several years may cause hard
ship to one or both parties when economic conditions are changing
rapidly. Contracts which allow reopening of negotiations or con
tract termination at any time provide maximum flexibility, at the cost
of introducing an element o f instability and uncertainty into the
collective bargaining relationship.
A degree of both stability and flexibility is attained under a 1-year
contract with an automatic renewal provision. The automatic re
newal feature guarantees positive action by either party, before the
contract terminates. A t the same time, it affords annual opportunity
for modification or outright termination of the contract if either
party is dissatisfied. A similar balance between stability and flexi
bility may be afforded by a long-term contract which allows reopening
of negotiations at specified intervals and, on the more vital provisions,
during the term of the contract.
Either party may be permitted to terminate an agreement prior
to its expiration date under several conditions: Violation of the con
tract provisions, especially breach of the no-strike, no-lock-out provi
DURATION OF AGREEMENTS
33
sion; failure to abide by the arbitrator’s decision; signing an agree
ment more favorable to competing firm s; withdrawal o f the union’s
charter; failure to agree on terms under a reopening clause, etc. (See
Bulletin 908-13, Strikes and Lock-Outs; Contract Enforcement.)
142. Fixed Term Contract: 1 Year
This agreement shall become effective on the date of its execution and shall
continue in full force and effect for 1 year.
143. Fixed Term Contract: 2 Years
This agreement between the union and the company shall become effective as
of August 1, 1948, and shall continue in effect until August 1, 1950.
144. Fixed Term Contract: 5 Years
Except as stated below, this agreement shall be effective as of March 1, 1946,
and shall continue in effect until March 1, 1951, and from year to year there
after; unless terminated by either party giving written notice of termination
by registered mail to the other not less than sixty (60) days prior to March 1,
1951, and/or any year thereafter.
145. Indefinite Term Contract: Agreement in Effect Until Canceled by Either
Party A fter 60 Days9 Notice
This agreement shall remain in full force and effect until canceled by either
party. Cancellation shall be effective after sixty (60) days’ written notice.
Amendments may be made by mutual consent.
146. Indefinite Term Contract: Neither Party To Exercise Option of Canceling
Agreement Until at Least 4 Months A fter Effective Date
This agreement dated and effective December 10, 1947, shall remain in full
force and effect until terminated by either party by a sixty (60) day notice in
writing to the other. It is mutually agreed that neither party will exercise its
option to file a termination notice until 4 months after the effective date above
written.
147. Automatic Renewal From Year to Year
This agreement shall be effective as o f June 1, 1948, and continue in effect
until June 1, 1949, and will automatically renew itself from year to year there
after unless either party shall serve written notice 60 days prior to the expiration
of any year of desire to amend or terminate the agreement.
148. Renewal for 1 Additional Year After Initial Term
The agreement shall continue in full force and operation from April 8, 1948,
up to and including March 31,1949. If any changes are contemplated by either
party upon the expiration of this agreement, notice in writing shall be given by
the party contemplating such changes, at least 90 days prior to the expiration
of this agreement, and to be served upon the opposite party by registered mail.
If no such notice is served upon the opposite party, this agreement shall continue
in full force for a period of 1 year, subject to a similar 90-day notice.
149. Initial Term .of 2 Years and Automatic Renewal From Year to Year
This agreement, effective July 19, 1948, shall remain in full force and effect
until June 30, 1950, inclusive, and shall automatically renew itself from year
to year thereafter unless at least 60 days and not more than 90 days before the
termination date or any anniversary thereof either party gives written notice
to the other of a desire to amend, add to, or terminate this agreement.
34
COLLECTIVE BARGAINING PROVISIONS
150. Initial Term of 1 Y ear; Renewal for 2-Year Period and Thereafter From
Year to Year
This agreement terminates and supersedes the agreement between the parties
dated April 1, 1946, and shall be binding upon the parties hereto and shall con
tinue in full force and effect for a period of 1 year from the effective date
hereof, thereafter for a further period of 2 years from April 1,1948, to March 81,
1950, inclusive, and thereafter from year to year (each such year beginning on
or after April 1, 1950, is sometimes referred to herein as a “ contract year” ),
provided that either party may terminate this agreement as of midnight, March
31,1950, or at the end of any subsequent contract year, by giving the other party
written notice o f such termination at least 60 days before the termination date.
151. Renewal for Successive 2-Year Periods
This agreement shall become effective May 1, 1948, except as otherwise spe
cifically provided herein. This agreement shall remain in full force and effect
for the period ending April 30,1950, and thereafter for successive 2-year periods,
unless notice is given in writing by either party to the other, not less than 60
days prior to the expiration of any such period, of its desire to modify or amend
this agreement, and in such case the agreement shall terminate at the expiration
of the period within which such notice is given.
152. Fixed Term o f 1 Year But Either Party May Terminate Agreement Before
Expiration Date
This agreement dated June 25, 1948, shall be effective as of July 1, 1948, and
shall terminate June 30, 1949; Provided, however, that either the “parties o f the
first part” or “party of the second part” may terminate this agreement on any
earlier date by giving at least 30 days’ written notice to the other party o f such
desired earlier termination date.
The foregoing termination provision shall not be construed to limit or affect
in any way the obligations of the parties relating to the termination o f contracts
under the Labor Management Relations Act, 1947.
153. Agreement Transferred to Another Local of International Union Terminates
at Same Date as Master Agreement of That Local
It is hereby agreed that if at any time during the life of this agreement any
member of the association shall manufacture articles other than those enumerated
in the first “Whereas” clause of this agreement then such shop may be transferred
by the [local] union to the local of the international union which, under the
rules of said union, has jurisdiction over the articles manufactured in such shop.
Such member of the association shall abide by the terms prevailing under the
agreement of the said local to which the shop is to be transferred with the same
force and effect as if such member of the association entered into an agreement
with the said local union. Such agreement shall terminate upon the same date
as provided for in the agreement of said local union with any employers’ asso
ciation existing in the city of New York or in the majority of its agreements.
154. Contract Terminated if Business Liquidated
The bona fide liquidation of the business of the firm shall automatically termi
nate this contract. Otherwise the terms of this agreement shall continue in effect
and remain binding upon the firm even though the name thereof may change,
and regardless of where the business of the firm may be carried on in [name of
city].
NOTICE OF TERMINATION OR MODIFICATION
35
155. Contract Terminated if American Federation of Labor Withdraws Charter of
International or Local TJnion
I f the American Federation of Labor withdraws or suspends the charter of
either the international union or its local No. — , this agreement shall become
null and void.
156. Contract Terminated if NLRB Certifies Another Union as Bargaining Agent
I f at any time during the term of this collective bargaining agreement, or any
renewal thereof, another union is certified by the Board as the collective bargain
ing agency for the employees o f the company, then this collective bargaining
agreement, and all other agreements between the union and the company, shall
terminate on the date of such certification.
Notice of Termination or Modification
Most contracts specify a fixed period of notice, usually 60 days, prior
to the expiration date, in the event either party desires to modify or
terminate the agreement on expiration. In both open-end and term
contracts, provision is generally made for advance notice by either
party of intention to modify or cancel the agreement. In the absence
of a specified requirement for notice, it can be assumed that confer
ences on the contract would be initiated on the request o f either party.
Some agreements distinguish between requests for termination and for
modification or amendment, and usually require a longer period of
notice for termination. The notice requirement is designed in order
to give each party adequate time to study the issues, consider the other
party’s position, and to prepare its case.
Under many agreements, the notice must state the changes desired,
if the intention is to modify rather than to terminate the agreement.
Some agreements specify that negotiations on the proposed changes
must be initiated immediately upon the giving of notice, so that a
work stoppage may be avoided between agreements. Others do not
require negotiations to begin until a specified period after notice is
given.
In some agreements, the sanction of the international union must
be obtained before the local union may request the termination of
the agreement.
The Labor Management Relations A ct provides that neither party
may terminate or modify an agreement without giving 60 days’ notice
of such proposal to the other party, during which period the existing
terms and conditions of the agreement must be maintained. (E m
ployees who strike within the 60-day period lose their status as employ
ees under the act.) The act also requires notice to the Federal Media
tion and Conciliation Service and the appropriate State mediation
agency within 30 days after the original notice, if no agreement has
been reached by that time.
36
COLLECTIVE BARGAINING PROVISIONS
157. Notice of Termination or Modification To Be Given 60 Days Before Expiration
Date
This agreement shall be and remain in full force and effect from this date, until
1 year from the date of signing o f the agreement, and shall continue in effect
annually thereafter, unless 60 days’ notice in writing is submitted prior to the
expiration of this agreement of any desire to terminate or amend same.
158. Ninety Days? Notice Required
I f a change is desired in this agreement by either party, notice o f the desired
change shall be delivered in writing to the other party ninety (90) days prior
to its expiration.
This agreement to be in full force and effect, in the absence of change, until
a new agreement is effected.
159. Notice of Not Less Than 60 Nor More Than 80 Days
This agreement shall be effective as o f August 1, 1947, and continue in effect
until and including December 31, 1948, and shall continue for yearly periods
from year to year thereafter unless either party shall give to the other a written
notice o f intention to terminate, modify, or amend said contract not more than
eighty (80) or less than sixty (60) days before the expiration date or the end
of any yearly extension period.
160. Notice To Contain Statement of Changes Desired. Clauses Not Specifically
Mentioned Considered Agreed to and Included in New Contract
Not less than sixty (60) days nor more than seventy-five (75) days prior to
the expiration date of this agreement, either party may give written notice of
its desire to terminate this agreement or modify any of its provisions. In the
event notice is given of a desire to modify this agreement, there shall be specified
therein the clauses a modification of which is desired. There shall be embodied
in said notice a written statement containing the substance of the proposed
modification desired, and the other party shall be entitled likewise to specify in
writing and the substance thereof of any other clause which it desires modified.
All clauses not specifically mentioned shall be considered as agreed to and shall
be contained in the new contract subsequently drawn for the succeeding year.
I f neither party gives any such notice within the period specified above, the
entire agreement shall be renewed automatically from year to year.
161. Notice To Be Sent hy Registered Mail to Specified Addresses
Notice hereunder shall be given by registered mail, be completed by and at the
time of mailing, and if by the company, be addressed to the international union
at [address], and if by the union, be addressed to the company at [address].
Either party may by like written notice change the address to which registered
mail notice to it shall be given.
162. Notice of Desire To Modify Agreement Not To Be Considered Notice of
Termination
Notice of desire to modify shall not be considered notice of termination, and
the agreement will not terminate if such a notice of desire to modify is given.
163. Sixty Days9 Notice of Desire To Change or Terminate Agreement: Negotia
tions To Begin Promptly
This agreement shall be and remain in effect until November 27,1949, and there
after shall automatically renew itself from year to year unless sixty (60) days
prior to any termination period either party shall serve upon the other written
notice of a desire to terminate this agreement or specifying changes it desires
to make. I f such notice is given, negotiations for a new agreement shall begin
NOTICE OF TERMINATION OR MODIFICATION
37
promptly and shall continue until a new agreement is reached, and during
such negotiations this agreement shall remain in full force and effect, provided,
however, that if negotiations shall continue until the expiration date hereof,
either party having otherwise complied with the requirements of the law, may
terminate this agreement on ten (10) days’ written notice to the other party.
164. Negotiations To Begin Within 10 Days A fter Notice
This agreement shall become effective June 1, 1948 and remain in effect until
May 31, 1949, and shall be automatically renewed from year to year thereafter,
unless either party hereto desires changes at the expiration. In such event, the
party desiring changes shall notify the other party in writing 60 days prior to the
expiration date, specifying the changes desired. Both parties further agree to
meet within 10 days after that notification for the purpose of negotiating a
satisfactory agreement.
165. Negotiations To Begin As Soon As Practicable A fter Giving of Notice but
Not Less Than 15 Days Thereafter
The parties agree to commence negotiations on any such proposed modifica
tions as soon as practicable after the giving of such notice [60 days] and in any
event, not less than fifteen (15) days thereafter. I f no agreement respecting
such proposed change is arrived at before the expiration o f the then current term
of this agreement, the whole of this agreement shall terminate upon such expira
tion, unless the date of termination is extended by mutual agreement.
166. Sixty Days9 Notice. Negotiations To Begin Within 15 Days A fter Notice if
Termination Desired and Within 60 Days if Modification Desired
This agreement shall remain in full force and effect as a continuing agreement
subject to termination by either party upon sixty (60) days’ written notice to
the other by registered mail. Such written notice shall state the date of termina
tion. I f either party desires to modify this agreement it shall give written
notice by registered mail to the other party, specifying the desired modification.
Negotiations with respect to such modification shall start within sixty (60) days
after the giving of such notice.
Should either of the parties serve proper notice on the other to terminate
this agreement, the other party ghall have the right to request negotiations and
such negotiations shall start within fifteen (15) days after receipt o f written
request from the party desiring negotiations. I f no agreement is reached at
the expiration o f this contract and negotiations are continued, this agreement
shall remain in force up to the time a subsequent agreement is reached or nego
tiations are discontinued by either party.
167. Minimum of 60 Days’ Notice; Negotiations May Begin at Any Time Within
a 2-Month Period Prior to Expiration or Anniversary Date
This agreement shall become effective at 12:01 a. m. on July 1, 1948, and
shall remain in effect until midnight of June 30,1949, and shall be automatically
renewed from year to year unless either party gives notice of termination to the
other party as hereinafter provided.
Either party may terminate this agreement, as o f midnight on June 30 of
any year in which it is in effect, by giving written notice of termination to the
other party not less than sixty (60) days before such termination date.
Either party, upon giving written notice to the other not less than 60 days
before such termination date, may open the agreement to amendment; and in
such case the proposed amendments shall accompany the notice. I f such notice
is given, the parties shall, at any time or times between May 2 and June 30,
inclusive, of that year, and thereafter if necessary, engage in collective bar
38
COLLECTIVE BARGAINING PROVISIONS
gaining with respect to the proposed amendments, and during such bargaining
either party may make counterproposals, and may modify its own proposals. I f
such bargaining continues beyond said June 30 and this agreement has not been
terminated in accordance with section (2) o f this article I, any amendment
agreed upon in such bargaining shall be retroactively effective to July 1 of that
year. I f agreement on proposed amendments has not been reached by July 1
of any year, either party may terminate this agreement, as of a date 40 days
after the mailing by registered mail to the other party, on or after July 1 of
that year, o f a notice in writing of an intention to terminate the agreement.
168. Contract Renewal Procedure: Time Limits on Beginning Negotiations, Sub
mission to Mediation, Completion of Report by Fact-Finding Commission,
and Making Report Public
In respect to all buildings which continue to be covered by this agreement at
any time following April 20, 1950, the following procedure shall be observed:
{a ) Sixty (60) days before said expiration date of December 31, 1950, the
parties shall enter into direct negotiations looking toward a renewal agreement
for a succeeding term.
(b) If, fifteen (15) days before the expiration o f this agreement, the parties
shall not have been able to agree upon the terms of their new agreement, both
parties will thereupon confer with the New York State Board of Mediation for
the purpose o f conciliating their differences. In the event the dispute cannot
be successfully mediated before the expiration date o f this agreement*, the Board
of Mediation will seek to induce the parties to submit their differences to arbitra
tion. Failing in that effort, the Board will request the Governor of the State of
New York to appoint a fact-finding commission o f three public members to
investigate the dispute and submit their report and recommendations to the
Governor within thirty (30) days.
( c ) Within fifteen (15) days after receiving said report and recommendations,
the Governor of the State of New York may make them public.
( d) For forty-five (45) days after the expiration of this agreement, the status
quo will prevail and the parties agree that there shall be no stoppage o f work,
strike or lock-out, or picketing.
All agreements which may be made between the parties hereto at any time
prior to April 20, 1955, shall contain the provisions of sections (a), (6 ), (c ) ,
and (d) immediately above.
169. Federal Mediation and Conciliation Service Notified if No Agreement Reached
Within 80 Days
This agreement shall take effect as of February 16, 1948 and shall continue
until February 16, 1949, and thereafter from year to year unless either party to
this agreement shall notify the other in writing at least sixty (60) days prior
to February 16, 1949, or sixty (60) days prior to the end of any additional con
tract year that it desires to change the terms and provisions o f this agreement.
The party desiring to amend or modify this agreement shall set forth in his sixty
(60) day notice the changes in the contract desired, and all other provisions of
the agreement shall be automatically carried over unless changes in such provi
sions are requested by the other party.
When the sixty (60) day notice is received by either party hereto, negotiations
to renew this agreement shall be started promptly. I f within thirty (30) days
after the aforesaid notice the parties are in dispute, the Federal Mediation and
Conciliation Service shall be notified as provided by law.
TEMPORARY EXTENSION OF EXPIRED AGREEMENTS
39
Temporary Extension of Expired Agreements
A temporary extension of the contract beyond its expiration date
is sometimes provided, if negotiations for a new contract have not
been completed and additional time is required. Some agreements do
not lim it the extension but most of them allow 30 or 60 days. Many
o f the latter contracts stipulate a further extension of the negotiating
period if a new agreement has not yet been completed. The extension
is usually terminable at the option of either party upon due written
notice, or it is automatically terminated if negotiations are broken
off. In a few cases, negotiations are terminated at the expiration
date, but the contract is extended for an additional period, during
which the disputed issues are arbitrated. Few agreements require
the parties to arbitrate the terms of a new contract.
Provisions for contract extension during negotiations are often
coupled with a requirement that the new contract shall be retroactive
to the original expiration date set in the previous contract. A maxi
mum period of retroactivity is sometimes specified, in order to dis
courage negotiations for continuing indefinitely.
Some contracts specifically prohibit any extension beyond the ex
piration date. Such a clause is apparently based on the feeling o f
one or both parties that renegotiations will be expedited; that the ne
cessity for extending the expired contract will be eliminated thereby;
and that problems of retroactivity will thus be eliminated.
170. Agreement Remains in Effect Until Negotiations Completed
In the event that such notice [60 days] is given by either party of a desire to
change or modify the provisions o f this agreement, this agreement shall remain
in full force and effect until such time as such changes or modification are nego
tiated and agreed upon.
171. Thirty-Day Extension for Further Negotiations
It is agreed that if the parties have not mutually agreed upon terms and provi
sions of a new agreement on or before [expiration date], this contract shall
be automatically extended for purposes of further negotiations for a period of
30 days thereafter.
172. Automatic Extension of 2 Months; Additional Extension by Mutual
Agreement
This agreement shall be effective as o f March 20, 1948, and shall continue
in effect until March 20, 1949. The company agrees that upon written notice
from the union given to the company not less than 60 days prior to the termi
nation date hereof, the company will meet with the union within 10 days of
such notice for the purpose of negotiating a new contract fo r a succeeding year
period, and in the event agreement between the parties has not been reached by
the termination date hereof, this contract shall be automatically extended for a
period of 2 months. Extension o f this contract beyond said 2-month period
may be had by mutual agreement o f the parties.
40
COLLECTIVE BARGAINING PROVISIONS
173. Contract Continued in Effect Until Negotiations Terminated by Either
Party
In event the negotiations continue past any anniversary date then the present
contract shall continue in full effect unless or until either party should give
notice of the termination of the negotiations.
174. Thirty Days' Notice Required To Cancel Contract During Negotiations A fter
Expiration Date of Contract
I f the parties do not arrive at an agreement on the proposed amendments or
additions prior to the termination date or any anniversary thereof, this agreement
shall continue in full force and effect; however, either party during the period
o f negotiating a new agreement may cancel this agreement by giving 30 days’
written notice to the other party.
175. Agreement To Remain in Effect Until New Agreement Reached or Until
Negotiations Discontinued
I f no agreement is reached at the expiration of this agreement and negotiations
are continued, the agreement shall remain in force up to the time a subsequent
agreement is reached, but shall terminate if negotiations are discontinued by
either party.
176. Two-Month Negotiation Period. At Expiration Date, Parties May Agree on
Additional Period of Negotiations or Either Party May Terminate
Contract
In the event either party desires to modify any of the terms of this agreement
or to establish new or different terms or conditions, written notice specifying
in exact language the changes desired shall be served within the sixteen (16)
day period December 16 to December 31, inclusive. The months o f January and
February following service of the above notice shall be devoted to negotiations
and if the parties are in complete agreement all changes mutually agreed upon
shall become effective on March 1 [anniversary date] and shall remain effective
for not less than twelve (12) months thereafter.
I f any of the matters under negotiation are still in dispute on March 1, either
o f the following actions may be taken:
1. The parties may mutually agree upon an additional period or periods of
negotiation and the changes finally agreed upon shall become effective on a
mutually acceptable date and shall remain effective until at least the following
March 1.
2. Either party by written notice on or after March 1 may terminate the
collective bargaining relationship and this agreement.
If, during the December 16 to December 31 period, neither party serves notice
of a desire to modify any of the terms o f this agreement or to establish new
or different terms or conditions, then this agreement shall continue for an addi
tional period of at least twelve (12) months after the next March 1 anniversary
date.
177. Agreement Remains in Effect A fter Expiration Date for 30-Day Period
During Which Disputed Issues Are Arbitrated
In the event of failure o f the parties to agree upon a new contract on or
before (date), or any succeeding (date), occurring under a renewal of this
agreement, this agreement shall continue in full effect for a period o f 30 days
from (date), or any succeeding (date), occurring under a renewal of this agree
ment during which time all points in dispute shall be subjected to arbitration.
TEMPORARY EXTENSION OF EXPIRED AGREEMENTS
41
178. Arbitration of Terms of New Agreement
Accompanying the notifications provided for in section 26 hereof, either party
will serve upon the other notice of any proposed changes or modifications in this
collective bargaining agreement and the parties shall immediately begin discus
sions on such proposed changes or modifications in an effort to reach an under
standing before the expiration date o f this agreement. During such negotiations
this agreement shall remain in full force and effect. Should the parties fail to
reach an understanding as to proposed changes or modifications, both parties
agree to submit the differences to a board of arbitration to be constituted and
the expenses to be proportioned as provided in section 16 hereof.
179. No Work Stoppage During Mediation or Conciliation
In the event o f a failure on the part of the union and the company to mutually
agree upon a succeeding scale o f prices, hours, or working conditions, work
shall continue without interruption during mediation or conciliation procedure.
180. No Work Stoppage Pending Negotiation of New Agreement A fter Expiration
Date
This agreement shall remain in force until June 1, 1949, and shall be renewed
from year to year unless notice in writing is given at least sixty (60) days
before expiration in which case if a new agreement is desired, negotiation shall
be entered into, result of which shall be retroactive to the expiration date, and
it is understood that there shall be no cessation of work at expiration o f agree
ment pending negotiations.
181. Contract Terminated if No Agreement Reached by Expiration Date
I f the parties agree with respect to the proposed change or changes, not later
than the expiration date of the effective period, then a new agreement embodying
the proposed change or changes shall be drawn and shall become effective from
the expiration of the previous period. I f the parties fail to agree regarding the
proposed change or changes by the expiration date of the effective period, then
this entire agreement shall terminate as of that date.
182. Local Union May Not Terminate Agreement Without Sanction of Interna
tional Union
This agreement excepting wage rates and hours which may be opened for
adjustment through the adjustment board provided for in the seventeenth sec
tion of this agreement on 60 days’ written notice by either party hereto shall
be in full force and effect from the date of signing until May 1, 1949, and there
after from year to year until a new agreement (the terms o f which shall be
retroactive from May 1 of each year) has been consummated and signed or this
agreement has, upon written notice, been canceled or terminated by the employer;
or by the local union with the sanction of the international union.
188. New Agreement Retroactive to Expiration Date of Previous Agreement
The company and the above named organizations agree one with the other that
they will abide by the articles of this agreement until May 1, 1949, and from
year to year thereafter unless either party desires a change in which case the
party desiring the change must notify the other party in writing 60 days prior
to May 1 of such year * * *. In the event that the new agreement is con
summated after May 1, all provisions of said agreement shall be made retroac
tive to May 1 provided the unions have requested a conference to be held prior
to May 1 for the purpose of negotiating the renewal o f this agreement.
42
COLLECTIVE BARGAINING PROVISIONS
184. New Agreement Not Retroactive if Strike Occurs
The provisions of the new or modified agreement shall be retroactive to the
anniversary date of the current agreement, provided no strike occurs.
185. Wage Adjustment Retroactive to Renewal Date of Agreement if Negotia
tions Concluded or Submitted to Government Agency Within 90 Days of
Renewal Date
I f negotiations are brought to a satisfactory conclusion within ninety (90)
days of renewal date o f the contract, wage adjustments will become retroactive
to the renewal date. A joint submission, or submission by either party, within a
ninety (90) day period specified, to a Federal or State agency created for the
purpose of settling labor disputes shall be considered a satisfactory conclusion to
negotiations for the purpose intended by this clause. If both parties refuse to
submit to either State or Federal agency then the wage settlement shall become
effective upon the date of agreement.
Interim Amendment o f Agreement
Even under a relatively short-term agreement, either the union or
the employer may desire modification because of unforeseen circum
stances, such as drastic changes in the cost o f living or shifts in the
employer’s business. Moreover, a particular contract provision may
prove unworkable or impractical in actual operation. A modification
can be made by the consent of both parties, although no provision is
made in the agreement for such change. Some agreements, however,
specifically permit changes at any time during their term by mutual
consent. Others permit revision at certain designated times, usually
at the end of the first year in contracts that run for more than 1 year.
In contrast, some agreements prohibit any modification during the
contract period.
In some instances, particular sections of the agreement, such as those
dealing with wage rates, may be reopened for consideration without
reopening other sections (see Bulletin 908-9, W age Adjustment
P lans). I t may also be provided that the agreement shall automati
cally conform with changes in State and Federal laws or regulations or
that the parties shall negotiate changes necessitated by new legislation.
Contracts containing reopening clauses differ in their provisions
regarding the status of the contract, and the rights of the parties, in
the event no agreement is reached after reopening. Some provide that
the contract shall continue until its stated expiration date if the
parties fail to reach a mutually satisfactory settlement. Others waive
a “no-strike, no-lock-out” ban in the event o f disagreement after re
opening or state that the contract may be suspended or terminated.
Still others stipulate that all disagreements arising out of a reopening
of the contract must be submitted to arbitration.
186. Agreement May Be Amended at Any Time
This contract or any part hereof can be amended, changed, revised, or added
to by written agreement of the parties hereto at any time during the term hereof.
INTERIM AMENDMENT OF AGREEMENT
43
187. Agreement Revision Permissible on Basis of Experience or Change in Cir
cumstances
During the term of this contract, the provisions thereof may be modified on
the basis of experience or change in circumstances by mutual agreement of the
parties in writing, such modifications to become effective upon signed approval.
188. Parties To Negotiate Regarding Restoration of Union Privileges if State
and Federal Laws Changed So That Such Privileges Are Legal
This agreement shall become effective January 1,1949, and shall remain in full
force and effect for a period o f 1 year. Should any o f the progressives and
privileges enjoyed by contract in the past by the unions signatory hereto be limited,
canceled, or otherwise abridged in order to comply with the provisions of the
Labor Management Act of 1947 or the laws of North Carolina and Virginia
again become lawful through repeal or modification of the statutes mentioned
above, then and in that event the company agrees to meet promptly with the
union committees for the purpose of negotiating any modifications or changes
in the contract brought about by changes in the law.
189. Agreement Provisions Reopened for Negotiation if Affected by Laws or
Governmental Regulations
In the event laws or governmental regulations become effective which affect
the operations of the employer under the provisions of this agreement relating to
hours, wages, labor relations, or conditions of employment, such provisions may
be reopened for negotiations without affecting the remaining portions of this
agreement.
190. Agreement Automatically Amended To Conform to State or Federal Law
The company and the union mutually agree that if any law or regulation of the
State o f ------ or the United States Government conflicts with the terms o f this
agreement, then the terms of this agreement shall be amended automatically to
conform to said law or regulations.
191. Wage Reopening at End o f First Year of Contract Term
Either party may, by like notice to the other, 30 days prior to the expiration
of the first year of this agreement, reopen this contract for negotiation on the
subject of wages.
192. Reopening of Hourly Rates, Holidays, Vacations, and Night Bonus
This agreement shall become effective and shall remain in full force until April
15, 1949, inclusive, and thereafter from year to year unless within the 10-day
period immediately preceding the 30 days prior to any date of expiration, notice
is given in writing to the other party by the party desiring the change. Pro
vided, however, that either party may reopen this agreement once, on or after
date of signing (upon giving o f 10 days* prior written notice) for the sole pur
pose of negotiating upon the subject of “wages” ( “wages” shall include and be
limited to hourly rates, paid holidays, vacations, and night turn bonus).
193. Reopening of Wage Scale, Number of Paid Holidays, or Any Matter Not
Specifically Covered by Agreement
This agreement becomes effective July 1, 1948, and shall continue in full
force and effect until June 30, 1950, both dates inclusive, provided, however,
either party to this agreement may reopen the wage scale for renegotiation of
the wages to be applicable after June 30, 1949, by giving written notice to the
other party between June 1, 1949, and1June 30, 1949, inclusive o f its desire to
do so, and if said notice is not given the wage scale attached to this agreement
shall continue in effect until July 1, 1950. The provisions o f this paragraph
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COLLECTIVE BARGAINING PROVISIONS
shall not (preclude the union from bringing up for further discussion on or after
June 1, 1949, the question of number of paid holidays or any matters not spe
cifically covered by this agreement.
194. Definition of Term “ Wage Bates” Subject To Reopening.
Lock-Out Clause Binding During Negotiations
No-Strike-No-
This agreement shall remain in full force and effect for the period commencing
this date and ending April 30, 1949; provided, however, that this agreement
may be opened by either party during the period between July 15, 1948, and
September 1, 1948, for the negotiation of wage rates only. It is expressly under
stood and agreed that the provisions of Article XIV [no-strike, no-lock-out clause]
as well as all other provisions of this agreement shall remain in full force and
effect and shall be binding upon both parties during the period of such negotia
tions on wage rates. In the event a new wage rate is agreed upon by the parties
it shall become effective as of the date the new rate may be agreed upon. The
term “wage rates,” as used in this article, shall mean and be construed to include
the follow ing:
{a) The hourly rates of pay applicable to the various job classifications
and the hiring rate for new employees without experience.
(b) Automatic length-of-service increases.
(c) Night-shift premium.
( d ) Paid holidays.
( e ) Premium on group insurance.
(f ) Premium for Sunday work.
(g ) Vacation allowance.
Sixty days prior to the end of the term of this agreement, the parties shall
meet at the offices of the company for the purpose of negotiating a new agree
ment or the extension o f this agreement. This agreement shall supersede the
present contract between the parties dated May 31,1947.
N ote.— This is a 1-year agreement.
195. Reopening o f Specified Provision of Contract. Provision Remains in Effect
if Parties TJnable To Agree on Revision
This section of the agreement [penalty for employment of nonunion workers]
may be reopened at the request of either party on or after October 1, 1949, for
the purposes of discussion and revision between representatives o f the union and
the association, hereinbefore referred to. Any revision of this section mutually
arrived at by the union and the association shall automatically become incor
porated in all executed agreements. I f no agreement can be arrived at by the
union and the association, as to a revision hereof, the terms and conditions of
this section shall continue in full force and effect.
196. Wage Revision Arbitrated if Parties Unable To Agree
I f the parties are unable to agree on the requested wage revisions, the matter
shall be submitted for determination by the impartial chairman unless either
party desires to have the matter determined by an arbitration board o f three
members. In such event, the arbitration board shall consist o f one representa
tive designated by the union, one representative designated by the employer and
the third arbitrator to be selected by the two arbitrators appointed by the union
and the employer.
INTERIM AMENDMENT OF AGREEMENT
45
197. Strike or Lock-Out Permitted, and Contract Terminated if No Agreement
Reached A fter Reopening; Agreement Reinstated When Settlement
Reached
The wage provisions of the April 29,1947, agreement as amended by (I ) above
shall be continued in effect, provided, however, 60 days prior to July 16, 1949,
either party may serve notice on the other of its desire to negotiate—
{a ) for a general and uniform change in rates o f pay and/or
(b) for life, accident, health, medical, and hospital insurance benefits.
Within 30 days after the giving o f such notice the parties shall meet for the
purpose of negotiating such issues. Failing mutual agreement on such issues
by July 16, 1949, the parties may thereupon, notwithstanding any o f the other
provisions of the agreement, respectively resort to strike or lock-out in support
of their contentions, and the agreement shall thereupon be deemed terminated;
provided however, upon settlement of the two issues above named, the agree
ment shall be reinstated in all its terms with the addition of such provisions as
may be agreed upon with respect to the two above issues, but no others and such
agreement shall remain in effect until April 30, 1950. Said provision for rein
statement shall survive and be a continuing obligation in the event the agreement
is terminated as above provided.
198. Prohibition of Amendment During Term of Agreement
It is specifically understood and agreed by and between the parties hereto that
* * * provisions of this contract are not subject to any modifications
whatsoever during the term of this contract.
199. Amendments Subject to Approval of Employers and Union Members
It is understood that all changes in this agreement are subject to approval by
the employers and by the union membership.
N ote.—This agreement covers an employers’ association.
Index
P reamble , S cope of B argaining U nit , and D uration of A greements
Preamble or purpose clauses:
Page
C lause
(1) Intent and purpose___________________________________
3
(2) Mutual recognition of responsibility for promoting specified
3
objectives_________________________________________
(3) Purposes of agreement include stabilizing the industry and se
curing harmonious relations between the signatory parties and
the public_________________________________________
3
(4) Purpose is to promote harmony, economy, protection of prop
erty, efficiency, and safety-------------------------------------4
(5) Peaceful settlement of disputes and objective of agreement-.
(6) Elimination of strikes, boycotts, and lock-outs________
4
(7) Intention of parties is to improve relationship and set forth
basic agreement covering rates, hours, and employment
conditions_________________________________________
4
(8) Parties agree to be bound by contract_________________
4
(9) Agreement made in spirit of good faith and tolerant under
4
standing essential to effective collective bargaining_
(10) Agreement is for joint use and benefit of contracting parties. _
(11) Public interest considered superior to interest of either party _ _
(12) Contract made in consideration of mutual promises of the
parties_____________________________________________
5
(13) Nominal cash payment constitutes partial consideration for
the contract______________________________________________
Scope of bargaining unit:
(14) Bargaining unit consists of production and maintenance
workers___________________________________________________
(15) All employees covered except specified classifications________
(16) Single craft covered______________________________________
(17) Listing of classifications included and not included in bargain
ing unit___________________________________________________
(18) Agreement covers production and maintenance employees on
hourly and piecework rates________________________________
(19) Hourly rated employees defined. Nonworking foremen, ex
cluded from bargaining unit, defined______________________
(20) Office employees (except confidential secretaries) and salaried
salesmen included in bargaining unit______________________
(21) Unit includes all work within union’s recognized jurisdiction_
(22) Unit includes work in present and future jurisdiction of inter
national union as determined by the American Federation
of Labor__________________________________________________
(23) Exclusion of employees covered by agreements with other
unions____________________________________________________
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COLLECTIVE BARGAINING PROVISIONS
Scope of bargaining unit— Continued
Clause
(24) Exclusion of designated classifications represented by other
union and executive, administrative, and professional em
ployees subject to qualifications of Fair Labor Standards A ct(25) Exclusion of “ professional” and “ supervisory” employees as
defined by Labor Management Relations Act of 1947------(26) Definition of assistant foremen excluded from bargaining unit- _
(27) Definition of clerical employees excluded from bargaining unit(28) Employer to keep union informed of identity of supervisors ex
cluded from bargaining unit________________________________
(29) Geographic area of bargaining unitdefined____________________
(30) Bargaining unit covers employees at company facilities within
35 miles of main factory office_____________________________
(31) Bargaining unit determined by National Labor Relations
Board certifications_______________________________________
(32) Bargaining unit determined by National Labor Relations
Board certification or by mutual agreement between the
parties____________________________________________________
(33) Inclusion of employees at specified plants and any other plants
which employer may operate_______________
(34) Agreement covers all mills owned and operated by association
members, except mills presently covered by separate agree
ments___________________________
(35) Agreement applicable to any subsidiary or new shop established
by employer_______________________________________________
(36) Employers' association and union to be notified of opening of
new shops by association members___________
(37) Additional units automatically covered by contract if union
certified or recognized as agent for such units______________
(38) Inclusion of additional units negotiated by parties if union
certified as agent for such units______ ______________________
(39) Company to notify union of organizational changes affecting
the bargaining unit-----------------------------------------------------------(40) Arbitration of differences regarding inclusion or exclusion of
individual employee within bargaining unit________________
(41) Union to be given list of excluded positions. Disputes subject
to arbitration. Present classifications covered to remain so
during term of agreement__________________________________
(42) Disputes regarding extent of unit settled on basis of eligibility
lists agreed upon for National Labor Relations Board elec
tion_______________________________________________________
Parties to agreement:
(43) Local union only_____________________________________________
(44) International union only_____________________________________
(45) International union for itself and on behalf of local___________
(46) Local and international union________________________________
(47) Local union, international union, and AFL Department Stores
Council___________________________________________________
(48) AFL Metal Trades Council__________________________________
(49) International union and joint board__________________________
(50) Several international unions and local unions party to agree
ment______________________________________________________
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INDEX
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Parties to agreement— Continued
Clause
(51) International union party to agreement as agent for its locals. _
(52) Individual members of union and association are parties to
agreement-------------------------------------------------------------------------(53) Contract not binding on union members unless approved by
international union------------------------------------------------------------(54) International union approves agreement as to form only and is
not party to agreement-----------------------------------------------------(55) Agreement binding on all locals if approved by at least three
locals and their parent international unions_________________
(56) Each union bound separately by agreement__________________
(57) Agreement with single employer_____________________________
(58) Several employers party to same agreement but are not bound
jointly____________________________________;________________
(59) Agreement with employers’ association_______________________
(60) Association and individual member companies party to agree
ment______________________________________________________
(61) Agreement covers both employers’ association and individual
employers who are not association members________________
(62) Both present and future members of employers’ association
covered by agreement_____________________________________
(63) Union and association to negotiate wages and hours for future
members of association; all other provisions of contract are
applicable to future members______________________________
(64) Association agreement binding on members with same effect as
if each member signed individually_________________________
(65) Association members ratify agreement executed by association. _
(66) Association certifies that it is authorized to represent firms
listed in contract__________________________________________
(67) Association to furnish union written certification of authoriza
tion to represent its members______________________________
(68) Written certification of authorization furnished by each asso
ciation member at union option____________________________
(69) List of firms represented by association given to union and
incorporated in contract_____ ______________________________
(70) Association guarantees that its officers authorized to sign for
association and its members_______________________________
(71) Association acts only as negotiating representative for em
ployers and assumes no liability____________________________
(72) Employer’s council contract binding only on individual em
ployers who sign it________________________________________
(73) Each employer bound separately and is not responsible for
actions of other employers covered by contract_____________
(74) Subsidiary and affiliated firms of association members covered
by agreement. Determination of affiliation by impartial
chairman__________________________________________________
(75) Agreement binding on association members despite change in
business organization or withdrawal from membership in
association________________________________________________
(76) Association not responsible for performance of agreement by
member withdrawn or expelled from association____________
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50
COLLECTIVE BARGAINING PROVISIONS
Assignment of agreement:
C lause
(77) Agreement binding on successors or assigns of both parties____
(78) Agreement binding on successors and assigns of both parties
regardless of changes in ownership, management, consolida
tion, merger, transfer, or location__________________________
(79) Contract not affected by change in ownership or location of
company but is not assignable to another union____________
(80) Company not to sell business unless buyer assumes obligations
of contract________________________________________________
(81) Employer to require successor to assume contract if business
disposed of------------------------------------------------------------------------(82) Owners and officers of company not to work for or render
service to transferee if he refuses to assume contract________
(83) Agreement binding on successor manufacturing the same
product___________________________________________________
(84) Description of parties to agreement includes successors and
assigns of company________________________________________
(85) Contract not affected by merger or consolidation but is not
binding if business entity is sold outright---------------------------(86) Union not required to recognize sale, transfer, or assignment if
former owners retain right of control or supervision________
(87) Employer not to enter into partnership, consolidation, or merger
unless the new firm assumes accrued obligations to employees .
(88) Both present employer and successor liable for unpaid wages,
vacations, or holidays_____________________________________
(89) Specification of conditions under which employees successor
may become party to agreement___________________________
(90) Agreement not affected if union affiliates with any other AFL
organization_______________________________________________
(91) Agreement terminated if local loses affiliation with American
Federation of Labor_______________________________________
(92) Company may terminate agreement if union changes affiliation
or admits to membership other than company employees____
(93) Agreement not assignable____________________________________
(94) Agreement not assignable except by consent of all parties_____
(95) Employer not to assign agreement without union consent_____
(96) Continuation of agreement by mutual consent of employees
successor and union_______________________________________
(97) Agreement not assignable but company to try to insure contin
uation_____________________________________________________
(98) Union and association notified of employer member’s intention
to dispose of business. Association to try to prevent em
ployees’ loss of benefits because of change in ownership____
Applicability of clauses to employer’s competitors:
(99) Union not to grant more favorable terms to competitor of
employer__________________________________________________
(100) Union pledge not to place employer in unfavorable position
relative to competitors with which union hasagreements____
(101) Union pledge to obtain uniform working conditions in entire
industry___________________________________________________
(102) Prohibition of more favorable terms in specified geographic area.
(103) Union not to allow more favorable terms to any employer in
city without prior consent of employers’ association________
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INDEX
51
Applicability of clauses to employees competitors— Continued
Clause
(104) Union not to allow members to work under conditions less
stringent than those required by this agreement____________
(105) Consent of 75 percent of signatory employers required before
union signs “ more favorable” agreement with other em
ployers____________________________________________________
(106) Agreement automatically amended to include more favorable
terms granted another employer___________________________
(107) Employer option of adopting more favorable terms granted
another employer__________________________________________
(108) If union grants more favorable terms to another employer,
association’s demand for adoption of such terms subject to
arbitration________________________________________________
(109) Union to send employers’ association copy of any agreement
differing from standard agreement. Employer option to
adopt more favorable terms inoperative for 1 year in case of
first contract between union and competing firm___________
(110) Employer may cancel agreement if union grants more favorable
wages and hours to competitors____________________________
(111) Employer may cancel agreement if union signs more favorable
agreement with competitor and fails to file copies with asso
ciation____________________________________________________
(112) Union to file with employers’ association copies of its agreements
in designated industry and area____________________________
(113) Impartial chairman to receive copies of all contracts between
union and independent firms. Independent contracts to
carry expiration date prior to association contract__________
Effect of master agreement on prior agreements and local agreementsRelation of current agreement to prior agreements, practices, or customs:
(114) Agreement cancels all previous agreements and understandings(115) Agreement cancels all previous agreements or understandings
except those specifically retained___________________________
(116) Cancellation of local agreement, rules, regulations, and customs
which conflict with contract________________________________
(117) Cancellation of interpretations, rulings, and arbitrators’ de
cisions conflicting with agreement__________________________
(118) Agreement cancels previous agreement and supplement but
processing of unsettled grievances may be completed_______
(119) Neither party bound by regulations of the other party which
are not incorporated in agreement__________________________
(120) Company-wide agreement: local understandings continued
unless changed by mutual agreement or employees deprived
of benefits under present agreement________________________
(121) No change in local rules effective on specified date without
mutual consent____________________________________________
(122) No reduction in more favorable wages or conditions existing
before agreement became effective_________________________
(123) Employees of association member to continue to receive any
conditions which are more favorable than those provided by
association agreement______________________________________
(124) Agreement with independent employer which is tnore favorable
to union than association agreement remains in effect even
if employer joins association_______________________________
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COLLECTIVE BARGAINING PROVISIONS
Effect of master agreement on prior agreements and local agreements—
Continued
Eolation of current agreement to prior agreements, practices, or customs—
Continued
C lause
Page
(125) Master contract supersedes individual employer contract when
employer joins association but conditions more favorable to
employer or employee retained for duration of master con
tract______________________________________________________
(126) Association agreement not intended to discourage continuance
of more favorable conditions already established by an in
dividual employer-------------------------------------------------------------Local modifications or supplements to master contracts:
(127) Company-wide agreement: Detailed regulations governing
“ local working conditions” ________________________________
(128) Multiplant agreement: Specified subjects to be negotiated by
local unions and local plant management----------------------------(129) Association agreement: Local unions and employers to work out
seniority and promotion policy. Local agreements to be
registered with international union and association_________
(130) Association agreement: Supplemental agreements on wages,
hours, and working conditions to be made for industry divi
sions and local areas, subject to master agreement__________
(131) Association agreement: Supplemental agreements on local
matters attached as riders to master contract, subject to
approval of joint committee----------------------------------------------(132) Industry/area agreement: Local union and employer may ne
gotiate improvements in standard agreement_______________
(133) Association agreement: Local unions and employers not au
thorized to make separate agreements involving subject matter
of master agreement_______________________________________
(134) Association agreement: Local unions and employers may not
adopt rules which are contrary to agreement or which are
not part of it______________________________________________
(135) Association agreement: Local agreements not to conflict with
master agreement_________________________________________
(136) Company-wide agreement: Local agreements not effective until
international union and company determine that there is no
conflict with national agreement___________________________
(137) District agreement not effective until approved by international
union_____________________________________________________
(138) Joint committee of association and union must approve contract
addenda covering individual companies____________________
(139) Master agreement to prevail in event of conflict with district
or local agreements________________________________________
(140) Supplemental agreement covering association member to pre
vail in event of conflict with association agreement_________
(141) Termination of agreement terminates local supplements_______
Duration and renewal of agreement_____________________________________
(142) Fixed term contract: 1 year_________________________
(143) Fixed term contract: 2 years_________________________________
(144) Fixed term-contract: 5 years_________________________________
(145) Indefinite term contract: .Agreement in effect until canceled by
either party after 60 days’ notice___________________________
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INDEX
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Duration and renewal of agreements— Continued
Clause
(146) Indefinite term contract: neither party to exercise option of
canceling agreement until at least 4 months after effective
date---------------------------------------------------------------------------------(147) Automatic renewal from year to year------------------------------------(148) Renewal for 1 additional year after initial term_______________
(149) Initial term of 2 years and automatic renewal from year to
year------- -------(150) Initial term of 1 year; renewal for 2-year period and thereafter
from year to year--------------------------------------------------------------(151) Renewal for successive 2-year periods________________________
(152) Fixed term of 1 year but either party may terminate agreement
before expiration date_____________________________________
(153) Agreement transferred to another local of international union
terminates at same date as master agreement of that local___
(154) Contract terminated if business liquidated____________________
(155) Contract terminated if American Federation of Labor with
draws charter of international or local union_______________
(156) Contract terminated if National Labor Relations Board cer
tifies another union as bargaining agent____________________
Notice of termination or modification___________________________________
(157) Notice of termination or modification to be given 60 days before
expiration date____________________________________________
(158) Ninety days’ notice required_________________________________
(159) Notice of not less than 60 nor more than 80 days_____________
(160) Notice to contain statement of changes desired. Clauses not
specifically mentioned considered agreed to and included in
new contract______________________________________________
(161) Notice to be sent by registered mail to specified addresses____
(162) Notice of desire to modify agreement not to be considered
notice of termination______________________________________
(163) Sixty days’ notice of desire to change or terminate agreement:
negotiations to begin promptly____________________________
(164) Negotiations to begin within 10 days after notice_____________
(165) Negotiations to begin as soon as practicable after giving of
notice but not less than 15 days thereafter_________________
(166) Sixty days’ notice. Negotiations to begin within 15 days after
notice if termination desired and within 60 days if modifica
tion desired_______________________________________________
(167) Minimum of 60 days’ notice; negotiations may begin at any
time within a 2-month period prior to expiration or anniversary
date_______________________________________________________
(168) Contract renewal procedure: time limits on beginning nego
tiations, submission to mediation, completion of report by
fact-finding commission, and making report public_________
(169) Federal Mediation and Conciliation Service notified if no agree
ment reached within 30 days______________________________
Temporary extension of expired agreements:
(170) Agreement remains in effect until negotiations completed_____
(171) Thirty-day extension for further negotiations_________________
(172) Automatic extension of 2 months; additional extension by
mutual agreement_________________________________________
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COLLECTIVE BARGAINING PROVISIONS
Temporary extension of expired agreements— Continued
Clause
(173) Contract continued in effect until negotiations terminated by
either p a r t y ________________________________________________
(174) Thirty days' notice required to cancel contract during negoti
ations after expiration date of contract_____________________
(175) Agreement to remain in effect until new agreement reached or
until negotiations discontinued___________
(176) Two-month negotiation period. At expiration date, parties
may agree on additional period of negotiations or either party
may terminate contract________________________
(177) Agreement remains in effect after expiration date for 30-day
period during which disputed issues are arbitrated_________
(178) Arbitration of terms of new agreement_______________________
(179) No work stoppage during mediation or conciliation___________
(180) No work stoppage pending negotiation of new agreement after
expiration d ate.- _______________________________
(181) Contract terminated if no agreement reached by expiration
date______________________________________________________
(182) Local union may not terminate agreement without sanction of
international union________________________________________
(183) New agreement retroactive to expiration date of previous
agreement-----------------------------------(184) New agreement not retroactive if strike occurs_______________
(185) Wage adjustment retroactive to renewal date of agreement if
negotiations concluded or submitted to government agency
within 90 days of renewal date_____________________________
Interim amendment of agreement:
(186) Agreement may be amended at any tim e______________
(187) Agreement revision permissible on basis of experience or change
in circumstances___________________________________________
(188) Parties to negotiate regarding restoration of union privileges if
State and Federal laws changed so that such privileges are
legal______________________________________________________
(189) Agreement provisions reopened for negotiation if affected by
laws or governmental regulations__________________________
(190) Agreement automatically amended to conform to State or
Federal law_______________________________________________
(191) Wage reopening at end of first year of contract term -------------(192) Reopening of hourly rates, holidays, vacations, and night bonus.
(193) Reopening of wage scale, number of paid holidays, or any
matter not specifically covered by agreement_______________
(194) Definition of term ‘ ‘wage rates'' subject to reopening. No-strikeno-lock-out clause binding during negotiations_____________
(195) Reopening of specified provision of contract. Provision re
mains in effect if parties unable to agree on revision________
(196) Wage revision arbitrated if parties unable to agree____________
(197) Strike or lock-out permitted and contract terminated if no
agreement reached after reopening; agreement reinstated
when settlement reached___________________________________
(198) Prohibition of amendment during term of agreement_________
(199) Amendments subject to approval of employers and union
members__________________________________________________
1). S . GOVERNMENT PRINTING OFFICE: 19 50
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@FedFRASER