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Congress, First Session_________

COLLECTIVE BARGAINING PROVISIONS

Safety, Health, and Sanitation

B ulletin N o. 908-14
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 S tates D epartment of L abor,
B ureau of L abor S tatistics,
Washington, D . C., August 31, 1949

The S ecretary

of

.

L abor :

I have the honor to transmit herewith the fourteenth bulletin in the
series on collective bargaining provisions. The bulletin deals with safety,
health, and sanitation, and is based on an examination of collective bar­
gaining agreements on file in the Bureau. This bulletin was prepared in
the Bureau’s Division of Industrial Relations by Abraham Weiss, with
the assistance of Rose Theodore.
E w a n Clague , Commissioner.

Hon. M aurice J. T obin ,




Secretary of Labor.

Preface
As early as 1902 the Bureau of Labor Statistics, then the Bureau of
Labor in the Department of the Interior, recognized the growing impor­
tance of collective bargaining, and published verbatim the bituminouscoal mining agreement of 1902 between the Associations of Coal Mine
Operators of Pennsylvania, Ohio, Indiana, and Illinois and the respec­
tive districts of the United Mine Workers of America. Since 1912 the
Bureau has made a systematic effort to collect agreements between labor
and management in the leading industries and has from time to time
published some of those agreements in full or in summary form in the
Monthly Labor Beview.
The first bulletin entirely devoted to collective bargaining agreements
was published in 1925 under the title “ Trade Agreements in 1923 and
1 9 2 4 /’ Similar annual bulletins were published in 1926,1927, and 1928.
These bulletins analyzed only outstanding agreements affecting certain
industries and certain skilled crafts in which collective bargaining has
followed a more or less established pattern.
No bulletins in this field were published by the Bureau between 1928
and 1942— a period during which collective bargaining first lost ground
in the depression and then made rapid strides following the enactment
of the National Labor Kelations Act in 1935. The growth in trade-union
membership from fewer than 4,000,000 workers in 1935 to more than
10,000,000 in 1942 not only resulted in a large increase in the number
of collective agreements covering industries hitherto not included under
collective bargaining, but also extended the scope and area of bargain­
ing in individual industries. In recognition of this development, the
Bureau's 1942 report on union agreements (bulletin No. 686) dealt
with provisions and clauses on particular 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 emer­
gency, as a result not only of the normal processes of collective bargain­
ing but of the decisions o f the National W ar Labor Board. New prob­
lems meant new clauses and new provisions. The Board also gave added
impetus to certain forms of union security, and to certain practices,
now deeply imbedded in the entire field of labor-management relations.
The liquidation o f the Board, and the renewal of emphasis on free
collective bargaining after YJ-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 engaged
in settling or preventing labor-management disputes. It was largely in
response to these requests that the Bureau of Labor Statistics undertook
to revise and bring up to date the material on union agreements.



iii

COLLECTIVE BARGAINING PROVISIONS

In this revision two significant departures have been made: (1) A c­
cumulation of data has made possible the use of a larger sample than
was possible heretofore. (2) The information will be presented in a
series o f small bulletins, each stressing a major area or significant prob­
lem of collective bargaining. This will permit the material for each
m ajor problem to be published as rapidly as finished without waiting
until all of the subjects of collective bargaining are analyzed. It 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 occasional revision,
whereas others undergo rather rapid change. Also, as new issues develop
it will be possible to add new bulletins to the series without revising
those already published.
The clauses used are designed to facilitate, but not to condition, the
bargaining process. No special attempt has been made to determine the
prevailing industry practice or the most frequently used provisions.
The clauses are presented, not as models, but as a source of reference
for those who participate in collective bargaining negotiations, by mak­
ing available to them a wide variety of provisions on the specific sub­
jects under consideration. A n index of all the contract clauses quoted,
with a brief description of each clause, is appended to each report.
This report, dealing with safety, health, and sanitation, is the four­
teenth in this Collective Bargaining Provisions series. The bulletins
already published are as follows:
No. 908
No. 908-2
No. 908-3
No. 908-4
No. 908-5
No. 908-6
No. 908-7
No. 908-8
No. 908-9
No. 908-10
No. 908-11
No. 908-12
No. 908-13



Union Security Provisions.
Vacations; Holidays and Week-End Work.
Incentive Wage Provisions; Time Studies and Stand­
ards of Production.
Apprentices and Learners.
Discharge, Discipline and Quits; Dismissal Pay Pro­
visions.
Leave o f Absence; Military Service Leave.
Promotion, Transfer, and Assignment; Lay-Off, WorkSharing, and Reemployment.
General Wage Provisions.
Wage Adjustment Plans.
Union-Management Cooperation, Plant Efficiency, and
Technological Change.
Seniority.
Union and Management Functions, Rights, and Re­
sponsibilities.
Strikes and Lock-Outs; Contract Enforcement.
IV

Contents
Page
Introduction ...................................................................................................................

1

General clauses: Clauses 1 -4 ........................................................................................

3

Specific safety provisions............................................................................................
Safety rules: Clauses 15-22................................................................................
Safety committees: Clauses 23-40....................................................................
Safety inspections by company: Clauses 41-43.............................................
Protection o f employees in hazardous occupations: Clauses 44-71...........
Work under unsafe conditions: Clauses 72-80................................................
Safety to public: Clauses 81-89........................................................................

5
5
6
11
11
16
18

Accidents and first a id : Clauses 90-112....................................................................

20

Sanitary conditions: Clauses 113-128........................................................................
Shift in temperature conditions: Clauses 129-133.........................................

23
26

Smoking provisions and regulations: Clauses 134-144...........................................

27

Eating facilities: Clauses 145-147...................................................................

29

Workmen’s compensation: Clauses 148—160............................................................

30

Physical examinations .................................................................................................
Preemployment and periodic examinations: Clauses 161-181.....................
Examinations after illness, lay-off, or other leave: Clauses 182-187........
Appeal procedure: Clauses 188-195..................................................................

33
34
37
38

Index ...............................................................................................................................

41




y




Bulletin 908-14 o f the
United States Bureau o f Labor Statistics

Safety, H ealth, and Sanitation
Introduction
Health and safety provisions in union agreements have several ob­
jectives, including, (1) to pledge the employer to maintain reasonable
health and safety standards and to comply with government regulations
on health and safety; (2) to stimulate observance, by the company,
union, and by all employees, o f health and safety rules; and (3) to
provide for union participation and to enlist employee cooperation in
safety and accident prevention.
Government regulations — Federal, State, and Municipal — require
most employers to observe minimum safety, health, and sanitation
standards in mines, mills, factories, and other work places. W orkers’
concern with these matters is shown in the frequency with which refer­
ence is made to health and safety in collective bargaining agreements.
Such references indicate that safety is recognized as a matter o f mutual
interest and mutual concern. Many agreements refer to safety and
health in general language; for instance, the employer voluntarily
agrees to provide and maintain adequate facilities or to abide by gov­
ernmental regulations. A number o f agreements include detailed speci­
fications. These provisions, usually in industries with hazardous occu­
pations, differ according to the hazards o f the different trades, with
particular emphasis on some single, outstanding hazard peculiar to the
industry. It is frequently stipulated that the employer is to furnish
specific safety equipment or specially devised clothing to prevent acci­
dents. Employees’ failure to use protective clothing or equipment may
be deemed just cause fo r disciplinary action. Occasionally, there is a
provision that first aid facilities and attendants shall be available to
employees injured or taken ill at work.
Many agreements place considerable emphasis on accident prevention.
Union or joint safety committees are often provided to discuss safety
matters, pass on safety suggestions, conduct safety campaigns, make
safety investigations in the plant, and to recommend appropriate safety
measures. In some instances, the existence o f such committees reflects
union concern with safety; in others, it represents a management tech­
nique for enlisting the interest and cooperation of employees in safety
efforts.




1

2

COLLECTIVE BARGAINING PROVISIONS

Pre-placement and follow-up physical examinations are provided in
some agreements; others restrict the right of the company to require
medical examinations. In the case of particularly hazardous occupa­
tions, employees may be required to pass periodic physical examina­
tions, and the employer may be required, as a positive health measure,
to provide such examinations for his employees. To guard against abuse
or discrimination, the company physician’s findings are often made
available to the union or to the employees and his decision may be
appealed. The worker is also allowed, in some cases, to present a cer­
tificate o f fitness from his own physician.




SAFETY, HEALTH, AND SANITATION

3

General Clauses
Many agreements contain only general provisions concerning safety,
health, and sanitation. Such clauses provide either that the employer
will make “ reasonable provisions” for the health and safety of his
employees or that he will comply with all applicable safety and health
statutes and regulations. This is often coupled with a union pledge
that employees will observe plant safety rules.
Other agreements contain pledges of union-employer cooperation in
promoting plant safety and health. Safety meetings and safety educa­
tional programs are referred to in a number of agreements.
1. Reasonable Provisions fo r Safety and H ealth; Problems Subject to Grievance
Procedure
The company agrees that it will continue to make reasonable provisions for the
safety and health o f its employees at the plant during the hours o f their employ­
ment and that problems involving these matters may properly be brought up in
accordance with the grievance procedure outlined hereinafter.
2. Reasonable Safety Equipment, Proper Heating and Ventilating Systems Provided
The corporation shall continue to make reasonable provisions for the safety
and health o f its employees at the plant during the hours o f their employment.
Protective devices, wearing apparel and other equipment necessary to properly
protect employees from injury, shall be provided by the corporation in accordance
with the practice now prevailing in this plant. Proper heating and ventilating
systems shall be installed where needed.
3. Employer Compliance with Fire Prevention and Safety Laws
The maintenance o f proper sanitary conditions and the observance o f all laws
relating to fire prevention and the safety o f the employees shall be considered
an essential part o f this agreement.
4. Health and Sanitary Conditions To Comply with State and Federal Laws
The health and sanitary conditions o f this company shall meet the requirements
prescribed under the Laws o f the Commonwealth o f Pennsylvania and the Federal
Laws o f the United States.
5. Compliance with Regulations o f State and Federal Labor Departments. Grievances
on Noncompliance Channelled Through Safety Committee
The working conditions in the establishment o f the employer and the conditions o f
all equipment shall comply with the health and safety regulations o f the State
o f North Carolina and the United States Department o f Labor. Where such condi­
tions are not specifically covered by legislation or where there is evidence that safety
standards are not being complied with, they shall be presented to the employer for
adjustment through the safety committee.
6. Joint Cooperation on Safety Education Program
The union and the company agree to conduct safety educational programs and
to cooperate in promoting plant safety.




4

COLLECTIVE BARGAINING PROVISIONS

7. Safety Meetings, Open to All Workers, To Be Continued
The present practice o f holding safety meetings, which every man in the
plant may attend at intervals, will be continued as a means o f promoting safety
and educating the employees in safe practices.
8. Employee Participation in Fire and Safety Drills Required, at Company Expense
The company shall have the right to require any or all o f its employees, at the
expense o f the company, to participate in all fire and safety drills and exercises.
9. Union To Encourage Cooperation in Safety Measures
The union agrees that it will encourage its members to work safely and to
cooperate to the fullest extent with the company’s safety engineers and safety
inspectors in order to eliminate hazardous conditions within the plant.
10. Union Stewards To Assist in Enforcing Safety
Shop stewards shall help the company enforce safety, cleanliness, and discipline
at all times.
11. Union Pledges Compliance with Safety Rules and Use o f Safety Equipment by
Employees
The company agrees to install such safety equipment as it considers necessary and,
the union agrees that every employee shall comply with all safety rules as are
established by the company from time to time and shall cooperate fully with the
company to enforce all safety measures and shall use such safety equipment as is
supplied by the company. It shall be the responsibility o f supervisors who direct
the removal o f any employees who remove any safety deviee and to replace same
with the least possible delay.
12. Signed Safety Pledge as Condition o f Employment
Each employee shall sign a safety pledge at the time o f employment.
13. Safety Suggestions
Suggestions in the interest o f safe working conditions are solicited by the company
and should be made in writing (signed or unsigned) to the local management
or to the safety committee set up for the particular operating unit. Boxes will
be provided at convenient places where these suggestions may be deposited. Where
such suggestions made to the company are not accepted, explanation will be given
to the employee submitting the same if signed, and otherwise to the safety com­
mittee for incorporation in its records.
14. Disregard o f Em ployee’s Safety Suggestion and Continuance o f Unsafe Con­
dition Covered by Suggestion Handled Through Grievance Procedure
Safety suggestions are invited from all workers and may be made on forms
provided and shall be sent to your steward, division steward, or mailed at your
forem an’s desk, or employment office or entrance receptionist’s desk, and sent
to the office for the attention o f the Chief o f Plant Protection and Safety. I f
a recommendation in a safety suggestion is not handled, and the unsafe condition
is permitted to continue, the matter may be handled as provided in the grievance
procedure.




SAFETY, HEALTH, AND SANITATION

5

Specific Safety Provisions
Safety Rules
Safety, sanitary, and fire regulations are sometimes referred to or
listed in detail in the agreements. Such rules may be jointly established
or issued solely by the employer, and are usually posted or distributed
to employees as part o f the plant rules. The union may pledge employee
cooperation in abiding by such rules; noncompliance may result in
disciplinary action.
15. Employer To Post New Safety Buies and Furnish Copy to Union
The company will post all new safety rules and changes therein and send a
copy thereof to the union.
16. Distribution o f Safety Manual to Employees
A safety manual for the guidance and instruction o f each employee will continue
to be distributed.
17. Safety Buies Posted and Subject to Grievance Procedure
The members o f the union, while working for the company, shall be governed
by the safety and other rules not in violation o f this agreement as may be adopted
by the company and announced to employees on bulletin boards or by general
distribution. Any new rule established shall not be effective until three (3) days
after announcement and any such established rule shall be subject to discussion
and adjustment in the same manner as outlined herein for settlement o f grievances.
18.

Safety and Health Buies Discussed with Shop Committee

Buies governing safety and health will be discussed with the shop committee
before promulgation, except when such rules are required by law or governmental
regulations or orders.
19. New Safety and Sanitation Buies by Mutual Agreement
All reasonable shop rules and laws governing safety appliances and sanitary
conditions shall be complied with by the company and the Union. A joint Health,
Safety, and Sanitation Committee, consisting o f three (3) company representatives
and three (3) union representatives shall be established to help implement the
foregoing policy.
Further shop rules governing safety, sanitation, and cleanliness, shall be worked
out and agreed to between union safety committee and the management.
20. Union Cooperation in MaTcing Safety Buies and Practices Effective
The union agrees to cooperate with the company in making safety rules and
practices effective to reduce hazards and insure safe working conditions.
21. Employees To Comply with Listed Safety Buies
Employees are to comply with the following safety rules and are to cooperate
fully with the management in the enforcement o f these rules.
(a ) Eeport all injuries, however slight, immediately.
(b ) Wear appropriate clothing.




6

COLLECTIVE BARGAINING PROVISIONS
(c ) Goggles, head shields, and respirators must be worn on all jobs where
required.
(d ) Starting or operating any machine, truck, tractor, crane, or other equip­
ment without proper authority or without guards in place is prohibited.
(e) Fire equipment must be kept accessible; material must be kept out o f
designated aisles and passageways.
( f ) Employees must remain in their own departments unless authorized
to be elsewhere by their foreman.
(g ) Distracting, arguing, or annoying other workers; fighting, wrestling,
throwing objects, ‘ 1horseplay,’ ’ and running in the plant are forbidden.
(h) Ground floor welding operations must be properly screened.
( i ) Electrical adjustments and repairs must be made only by those authorized
to do this work.

22. Repeated Violations o f Safety Rules Cause fo r Discharge
Repeated violations o f safety rules on the part o f any employee shall be proper
cause for discharge.

Safety Committees
Provision is often made for safety committees, with union representa­
tives only, or with joint union-employer representation.
It is the function of such committees to make regular plant inspection
tours; to suggest specific safety measures and improvements, and to
promote safety; to investigate safety and sanitation complaints and
hazards; and to help enforce safety regulations. Such committees almost
always act in an advisory capacity only; at times they may request
arbitration o f disputed measures or suggestions.
(See Bulletin 908-10, Union-Management Cooperation, Plant Effi­
ciency, and Technological Change, for additional clauses dealing with
joint safety committees and union-management cooperation on safety
matters.)
23. Union-Management Safety Committee fo r Advisory Purposes— Monthly Meetings
The union will cooperate with the company in encouraging employees to observe
all safety regulations provided by the company and to work in a safe manner. To
that end a safety committee o f eight (8 ) shall be maintained, four (4 ) o f whom
shall be employees designated by the union and four (4 ) by the company. The
function o f such committee, which shall meet once every month, shall be advisory,
and i f the committee or any member thereof believes that any conditions are unsafe,
such findings shall be reported to the safety director for proper disposition.
24. Union-Management Safety Committee To Enforce State and Municipal Regu­
lations and Investigate Unsafe Conditions
The union will appoint three o f its members and the company will appoint a
like number— one o f whom will be known as a safety engineer— those six (6) to
be known as the . . . corporation safety committee. The duty o f the safety com­
mittee will be to see that all applicable state and municipal safety and sanitary
regulations are complied with, as well as make recommendations for the maintenance




SAFETY, HEALTH, AND SANITATION

7

o f proper standards. This committee shall receive and investigate complaints
regarding unsafe and unsanitary working conditions.
25. Joint Safety Committees To Emphasize Safety Education and Accident P re­
vention as Part o f Accident Prevention Program
The employers will maintain, direct, and administer an adequate accident pre­
vention program.
The union will cooperate in this program and develop and maintain procedures
which will influence its members to cooperate in every way that will help prevent
industrial accidents and minimize injuries when accidents occur.
The employees individually will comply with all safety rules, and cooperate
with management in the carrying out o f the accident prevention program.
To make effective the above statements and promote on-the-job accident prevention,
employer-employee committees will be established in each port. These committees
will consist o f an equal number o f employer and employee representatives at the
jo b level. Each category o f employees such as deck men, hold men, dock men and
lift and jitney drivers should be represented. Employer’s representatives should
be from the supervisory level. The purpose o f the committees will be to obtain
the interest o f the men in accident prevention by making them realize that they
have a part in the program, to direct their attention to the real causes o f accidents
and provide a means for making practical use o f the intimate knowledge o f working
conditions and practices o f the men on the job. It is further intended that this pro­
gram will produce mutually practical and effective recommendations regarding
corrections o f accident producing circumstances and conditions.
26. Union-Management Safety Committee: Statement o f D uties; Chairmanship;
Grievances
A joint management-union safety committee shall be established for each plant.
The duties o f this committee shall be t o :
A. Hold regular scheduled meetings o f which minutes shall be kept and pub­
lished on the plant bulletin boards.
B. Observe unsafe working conditions in the plants and report same at regular
meetings o f the committee.
C. Observe unsafe practices on the part of the employees and report same at
regular meetings o f the committee.
D. Discuss ways and means o f eliminating conditions reported under items
B and C hereof.
E. Make general recommendations to either or both corporation and the union.
The management and the local union shall be equally represented on the committee.
The committee shall be headed by co-chairmen, one o f management, one o f the
union. It shall be the responsibility o f the co-chairmen to agree on the mechanics
used in establishing the departmental committee members.
Should matters o f a grievance nature arise as a result o f the activity o f the
safety committee, they shall be referred to the general grievance committee on the
part o f the union, and to the management o f the proper plant on the part o f the
corporation representatives.
27. Safety Committee as Part o f Joint Labor-Management Committee
It is agreed that a safety committee will continue to function as part o f the
joint labor-management committee for the duration o f this agreement.




8

COLLECTIVE BARGAINING PROVISIONS

28. Association Agreement— Joint Industry-Wide and Plant Health Committees
Each plant shall establish a health committee composed o f an equal number
o f representatives from management and employees. There shall also be a national
health committee composed o f three members from the (employers ’ association) and
the (international union) with authority to set up general health rules.
29. Union Safety Committee To Inspect Equipment— Disputes to State Labor
Department. No Loss o f Pay fo r Time Spent
The company agrees to negotiate with the safety committee o f the union on
safety conditions in the plant. The union shall appoint a safety committee and
advise the company o f the selections made, which committee shall have the duty o f
inspecting all machines, equipment and devices.
In the event the said committee shall determine that a plant condition is unsafe,
it shall so report to the foreman. In the event the company refuses to make the
adjustment requested, the matter shall be submitted to the Department o f Labor
and Industry, whose recommendations in the matter shall be followed. There shall
be no time lost by the safety committee while on duties as described in this
paragraph.
30. Union and Company Safety Committees To Meet Periodically To Review
Accidents and To Consider Union Recommendations and Suggestions on Safety
Rules
It is agreed between the parties that their respective safety committees shall
meet at reasonable intervals o f time for purposes o f reviewing case histories o f
actual lost time accidents involving members o f the [union] and to consider recom­
mendations and suggestions o f the [union] regarding existing and proposed safety
rules. Before new safety rules are adopted they shall be subject to full discussion
with the safety committee o f the [union].
31.

Union Safety Committee and Sub committeemen— Committee May Conduct
Investigations with Safety Engineer

It is agreed that the union will select a safety committee composed o f seven
divisional safety committeemen (two from maintenance) and a chairman to encour­
age the observance o f safety rules and the furtherance of the safety and sanitation
program. Members o f this committee will meet with company representatives once
each month at a mutually agreeable time and without loss in pay.
Members o f the safety committee, i f desiring to investigate or discuss a condi­
tion o f safety, may request their supervisor to notify the safety engineer. The
safety engineer, or his designated representative, upon such notification will meet
the committeeman at his place o f work to discuss the matter involved or, i f mutually
desired, to jointly investigate the condition in question.
The safety committee may appoint subcommitteemen, who will also encourage
the observance o f safety rules and the furtherance o f the safety and sanitation
program. These subcommitteemen may attend the monthly safety meetings held
for their respective departments, at a ratio o f one subcommitteeman for each general
foreman.
32. Union Safety Committee To Make Semimonthly Inspection on Company T im e;
Monthly Meeting with General Safety Committee
This committee shall be composed o f five (5) union members chosen by the union.
This committee shall make a regular semimonthly tour o f the plant on company




SAFETY, HEALTH, AND SANITATION

9

time (not to exceed four (4) hours) to inspect working conditions as to safety,
hazard, and sanitation. When this tour is made there shall be a sixth (6th) member
o f the committee who shall be the shop steward in the unit under inspection.
A record o f such semimonthly inspection tours shall be kept, and three (3 ) members
or less o f said committee shall meet regularly once a month with the general safety
committee to discuss any questions with respect to safe and sanitary working
conditions o f the employees.
33. Employee Safety Committees; One Member To B e Union Member
Employee safety committees shall be established, and at least one member o f each
committee will be a union member.
34. Union President Named Union Plant Safety Officer. Definition o f Functions
The president o f the union is recognized as the safety officer in the plant for
the union. He shall have the right to make suggestions and recommendations per­
taining to safety, and shall accompany inspectors and safety engineers on trips of
inspection throughout the plant. His time shall be paid for by the company.
35. Safety and Sanitation Committee N ot To Include Representatives o f Either
Party Engaging in Collective Bargaining
The personnel o f the committee on safety and sanitation shall not be composed
o f any individual who, as a representative o f either party engages in collective
bargaining, and the relationship between the advisory committee on safety and
sanitation and any other representatives o f the parties shall be separate and
apart.
36. Committee M ajority May Order Employees Off Extra-Hazardous Jobs; Dis­
putes Submitted to Arbitration by Safety and Health Specialist
The company shall make reasonable provisions fo r the safety and health o f its
employees at each plant during the hours o f their employment.
A safety and health committee consisting o f three (3) representatives each of
management and the union at each plant o f the company shall meet once monthly
for the purpose o f advising management on questions relating to health and safety,
and for the purpose o f channeling to employees suggestions for safe working
practices.
The safety and health committee shall also have authority, by a majority o f
four (4) votes, to order employees off jobs where abnormal hazards are present.
In the event that the committee should be equally divided, the matter shall be re­
ferred immediately to a special safety and health arbitrator fo r disposition. Safety
and health arbitrators shall be persons living in the vicinity o f each plant and shall
be qualified authorities on industrial safety and health. Selection shall be by
mutual agreement at the earliest practicable time following the date o f this
agreement.
The union will cooperate with the company in encouraging employees to observe
safety regulations and to work in a safe manner at all times.
37. Committee Member May Stop or Shut Down Hazardous J o b ; Dispute Settled
at Once by M ajority Vote o f Entire Committee
Any member o f the safety committee may stop or shut-down any especially
hazardous job or operation, but must immediately notify the foreman o f the
department involved.




10

COLLECTIVE BARGAINING PROVISIONS

In case o f any disagreement between the department foremen and the safety
committee member concerning the stopping of the job or operation, the entire
safety committee o f that shift shall be assembled without undue delay, and action
shall be taken in accordance with the majority vote o f the safety committee.
When any job or operation is stopped for safety reasons, it shall be the respon­
sibility o f the department foreman to transfer the operator from the stopped
job to other work or to allow idle time during the delay. In no case, will the em­
ployee be permitted to continue working on the job until it has been approved
by the majority vote o f the safety committee.
It shall be the duty o f the committee to contact the steward in each department
with reference to keeping all work stations and machines clean.
38. Union Safety Committee Paid by Union. Employer To Comply with Committee
Recommendation To Remove Workers from Unsafe Area. Committee Members
Subject to Removal fo r Arbitrary Acts
A t each mine there shall be a mine safety committee selected by the local union.
The committee members while engaged in the performance o f their duties shall be
paid by the union, but shall be deemed to be acting within the scope o f their em­
ployment in the mine within the meaning o f the Workmen’s Compensation Law o f
the State where such duties are performed.
The mine safety committee may inspect any mine development or equipment used
in producing coal. I f the committee believes conditions found endanger the life
and bodies o f the mine workers, it shall report its findings and recommendations
to the management. In those special instances where the committee believes an
immediate danger exists and the committee recommends that the management
remove all mine workers from the unsafe area, the operator is required to follow the
recommendation o f the committee.
I f the safety committee in closing down an unsafe area acts arbitrarily and
capriciously, members o f such committee may be removed from the committee.
Grievances that may arise as a result o f a request fo r removal o f a member o f the
safety committee under this section shall be handled in accordance with the
provisions providing for settlement o f disputes.
The safety committee and operators shall maintain such records concerning
inspections, findings, recommendations, and actions relating to this provision o f
the agreement as may be required, and copies o f all reports made by the safety
committee shall be filed with the operators.
39. Committee Members Paid fo r 1 Hour P er Month on Safety Meetings
For the general health and welfare o f all employees, a six (6) member safety
committee, represented equally by the company and the union, shall be established.
They shall meet on the last Friday o f each month at 3 p.m. to discuss the method
o f reducing hazards, dust, etc., and make proposals for their elimination to the
company. The meetings shall be o f 1 hour’s duration for which the committee will
be paid their regular hourly earnings. The company, on its behalf, agrees to fully
cooperate with this committee.
40. Union Observer Permitted at Meetings o f Accident Investigation Committee
The company agrees that when an accident investigation committee is considering
a case involving a member o f the union, the union may appoint a representative
who will be permitted to attend meetings o f the accident investigation committee
as an observer.




SAFETY, HEALTH, AND SANITATION

11

Safety Inspections by Company
Periodic safety inspection tours by a company representative are
sometimes specifically required.
41. Periodic Safety Inspection t>y First-Aid Representative
Periodic inspection shall be made o f areas housing (name o f company) employees
while working, by the physician in charge of the company’s first-aid department,
to ascertain what hazards and risks exist and said hazards and risks shall be
eliminated wherever found, insofar as practical and possible.
Employees shall report to the safety committee all hazards and risks which
they encounter in the plant. The names o f such safety committee will be posted on
bulletin boards.
42. Continuous Inspection T>y Company Representative;
Request o f Union or Worker Using Equipment

Special Inspection on

Inspection o f all equipment throughout the plant or place o f employment shall
be continued by the superintendent or other persons designated by the company from
time to time. An inspection o f any equipment may be secured upon the recommenda­
tion o f the workmen’s committee or the workman employed on such equipment.
The union workmen’s committee may make written suggestions to the superintendent
or his representatives as to the elimination o f hazards in order to prevent accidents.
43. Safety Engineer on Premises
The company will maintain a safety engineer and one or more assistants on duty
at the yard during all working hours. The safety engineer and his assistants shall
have full power to give all necessary orders in the interest of safety to foreman
and other employees in the yard.
The safety engineer shall have an established office at the yard, and necessary
assistance so that it will be possible for any employee to report to the safety engi­
neer or his assistant on duty, any conditions or practices which he believes to be
dangerously unsafe and which he shall first have brought to the attention o f the
foreman or foremen in charge, without immediate result.
Upon receipt o f any such report, the safety engineer or his assistant on duty
shall take up and dispose o f the matter with the least possible delay. I f the safety
engineer or his assistant finds that a dangerously unsafe condition or practice
exists, he shall give such orders as he thinks necessary for the immediate correction
o f such condition or practice.

Protection o f Employees in Hazardous Occupations
Special protection is often provided for workers in hazardous occu­
pations or in industries in which the danger of occupational diseases is
present. This may include provision (1) for special protective clothing
or equipment; (2) for an adequate number of experienced workmen;
(3) for rest periods during hazardous or fatiguing work; or (4) for
medical equipment to treat an industrial disease. In a few of the trades,
the employer is required to furnish goggles for the use of employees,
to prevent injury to the eyes from dust or flying chips of metal or




12

COLLECTIVE BARGAINING PROVISIONS

wood. The cost of safety glasses may be shared, with the employee
retaining them as his sole property.
In industries where outside work is involved, workers may be pro­
tected either by clauses prohibiting outside work during inclement
weather, except during emergencies, or, where such work is required,
by employer agreement to furnish protective clothing such as rubber
coats, boots, and gloves.
As a corollary, the agreement may specify that employees must use
the equipment furnished or that the union will cooperate with the em­
ployer to insure that such equipment is used.
44. Employer To Supply Safety Devices Required by Lavo
A ll safety devices required by the law shall be supplied by the employer at its
own expense.
45. Employer To Install Equipment Approved by Federal and State Agencies
A ll dust creating machinery and each individual banker to be equipped with
suction devices o f a type approved by the Federal Bureau o f Mines and the Indus­
trial Hygiene Division o f the State Board o f Health o f the State o f Georgia, when
available. Dust filterers will be installed for dust suction devices when ordered by
the State Board o f Health.
46. Necessary Protective Equipment Provided and Tested Periodically
The company, where conditions o f work are such as to require special protective
devices and equipment, will supply such equipment and devices at its own expense.
The safety engineer will periodically inspect and test such protective devices
and equipment and submit reports on their effectiveness and condition to the execu­
tive safety committee. The company may make rules with regard to the care and
custody of safety equipment issued to employees.
47. Company To Install Safety Devices Mutually Agreed Upon With Union
The company shall continue to install such safety devices for the protection o f the
lives and health o f its employees as shall be mutually agreed upon by its repre­
sentatives, and the union.
48. Special Protective Equipment and Clothing Furnished. Initial Cost o f Safety
Glasses Shared by Company and Em ployee; Replacement Cost, by Company
Where the company requires special protective clothing or safety devices for the
performance of the work, it will furnish the equipment without cost to employees.
As heretofore, however, the cost o f purchasing prescription ground safety glasses
will be shared equally by the employee and company, but will thereafter be the
sole property o f the employee. When the nature o f an employee’s work, however,
results in damage to prescription ground safety lenses to the extent that replace­
ment is advised, the replacement cost o f these lenses will be borne by the company.
49. Specific Personal Safety Equipment Provided
G oggles— Goggles are to be furnished by the company to all employees needing

them.
R ubber B oots , Coats , etc.— Rubber boots and coats are to be supplied employees
where their work requires the use o f these articles.




SAFETY, HEALTH, AND SANITATION

13

Overalls , G loves , Ca p s , etc.— The company is to supply employees with overalls,
gloves, caps, etc., whenever the work in the department is more destructive to
clothing than an ordinary plant.
Ga s M a s k s — Employees will be entitled to gas masks when working in those
departments requiring their use.
D u s t R espirators — Employees will be entitled to dust respirators when working
in those departments requiring their use.
L ockers — The company will maintain clean and sanitary change rooms for all
employees and will provide one locker for each employee.

50. Specific Personal and Machine Protective Equipment Provided
The company agrees that it will provide:
(1) Heat for all inside workers;
(2) Adequate equipment fo r carrying off excess dust, flux, gases, and injurious
odors, which might be present due to the process o f manufacture;
(3 ) Aisles, passageways, and gangways reasonably free from obstruction and
safety hazards o f any and all descriptions, at all times;
(4) Adequate and proper guards for all open gears, belts, flywheels, crankshafts,
and other exposed running machinery and devices;
(5) Brief instructions as to use, to be attached to all flame cutting equipment;
(6) Proper and adequate insulations and guards on all electrical lines, terminals,
controls, and switch boxes;
(7) Warning devices on all intrashop and intershop power transit units, and lifting
devices such as jitneys, trucks, electric hoists, and cranes;
(8) Facilities to administer first aid in the event o f injury to an employee;
(9) Stretchers or litters at various points throughout the shop, and shall see to it
that they are not obstructed, but easily accessible at all times, and clearly and
prominently marked as such;
(10) Locker, shower, and toilet rooms, which shall be maintained in a sanitary
healthful condition at all times;
(11) Raineoat and boots will be made available to all outside workers, when neces­
sary, and such workers will be financially responsible for return o f this equipment
to the company;
(12) Female employees will be required to wear clothing and head-dress o f a type
that shall not endanger either their personal safety or that o f their co-workers.
51. Specific Safety Equipment Furnished at Company’s Expense
The company at its own cost and expense shall furnish to all employees whenever
necessary the following items: gloves, jumpers, acid-resistant aprons, overalls, res­
pirators, salt tablets, soap, and towels.
52. Specific Safety Equipment Provided; Worn-Out Equipment Eeplaced
Employees required by the company to wear rubber boots or rubber shoes shall
be furnished two (2) free pairs o f boots or shoes yearly unless a third pair is abso­
lutely necessary, others at cost. All aprons, rubber gloves, and canvas gloves shall
be furnished free.
All used and worn out boots, gloves, and other equipment furnished by the com­
pany shall be turned into the company before new are issued.
53.

Employer To Furnish Protective Apparel or Compensation fo r Damaged Clothing
i f No Protective Apparel Furnished




14

COLLECTIVE BARGAINING PROVISIONS

Where employees in the course o f their regular employment are engaged in spray
painting or exposed to fire, acids, caustics or other chemicals injurious to person and
clothing, the corporation will furnish protective wearing apparel (including goggles
in appropriate cases) to those employees working on the job, or will compensate such
employees for damage to clothing caused through failure to provide such protection.
54. Employer To Make Every Effort To Control Dust Hazard
The employers agree that every reasonable effort will be made to make provisions
fo r the control o f the dust hazard in the shops.
55.

Em ployers’ Association To Provide Equipment Used in Treatment o f Silicosis

The [employers ’ association] shall, as soon as possible, secure the necessary ma­
chines and equipment that are being used in the treatment o f silicosis.
56. Employer To Furnish Milk Daily To Maintain Health
The employer agrees to furnish one (1) pint o f milk each day to all employees
covered by this agreement as its contribution to maintenance o f the employees9
health standard.
N ote: The plant covered by this agreement manufactures colors and paints.
57. Charge fo r Loss or Willful Destruction o f Safety Equipment
Goggles, gas masks, face shields, respirators, special-purpose gloves, fire-proof,
weather-proof, or acid-proof protective clothing, when necessary and required, shall
be provided to the employees without cost, except that the company may charge an
employee a reasonable amount for any loss or willful destruction o f any o f the fore­
going by such employee.
58. Employee Charged fo r Equipment N ot Beturned to Companyy on Quitting
All equipment furnished by the company to an employee shall be returned to the
company if the employee quits. I f the employee fails to return such equipment on
quitting, the cost thereof shall be deducted from his pay.
59. Employee Use o f Safety Devices Mandatory
Safety devices shall be furnished to employees, and it will be mandatory for em­
ployees to use them and to comply with company safety rules and procedures.
60. Safety Equipment Provided; Em ployee’s Failure To Use Equipment May Re­
sult in Discharge
The employer shall make and carry out all reasonable provisions for the safety
and health o f the employees during the hours o f their employment; and it will pro­
vide at the plant such equipment as efficient, protective and sanitation devices, a
proper heating and ventilating system, and gloves, aprons, and other articles where
required for use in connection with employees ’ work. Employees shall be required
to use gloves, aprons, and safety devices furnished, and continuous failure to do so
after warning will subject the employee to discharge.
61. Discipline fo r Failure To Use Protective Devices and Equipment
All employees must use protective devices and equipment at all times. Failure
to do so will result in punitive action being taken.




SAFETY, HEALTH, AND SANITATION

15

62. DaMy Allowance for Safety Shoes Withdrawn if Unannounced Inspection Shows
Failure To Wear Shoes
Also in addition to the wage rates herein set forth, employees shall receive an
allowance o f five (5 ) cents per workday for the purchase o f safety shoes or boots.
The employer may make spot inspections without notice to determine whether em­
ployees are wearing their safety shoes. I f upon such inspection an employee is not
wearing such shoes he shall not be entitled to such allowance until a subsequent in­
spection, to be made within 3 months, shows him to be wearing them.
63. Company Compensation fo r Accidents Denied Employees Who Refuse To Use
Protective Equipment
Protective devices, wearing apparel, and other equipment necessary to properly
protect employees from injury shall be provided by the company, as at present sup­
plied, and as later may be mutually agreed upon between the management and griev­
ance committee o f the union. Employees who refuse to make use o f such protective
devices shall lose the benefits o f Section X V II hereof [compensation by company for
accident caused by acid or chemicals].
64. Union May Contribute Suggestions fo r Safety Devices
The company will, according to its established practice, continue to install such
safety devices for the protection o f the lives and health o f its employees as shall
be mutually agreed upon by its representatives and the plant safety committee. It
is agreed by and between the parties that the union may contribute suggestions
from time to time with respect to the improvement or installation o f new ones. It is
mutually agreed that the efforts o f both parties shall be directed to maintain all
equipment and tools in safe and efficient working order. The regulations and safety
codes adopted by the Department o f Labor and Industry, Commonwealth o f Penn­
sylvania, will be strictly observed by both parties.
65. Hazardous Jobs— Company To Provide Adequate Number o f Experienced
Workmen
In the handling o f all work, superintendents and foremen are required to see that
sufficient experienced workmen, equipped with the necessary safety devices, are on
the job to properly and safely handle the work to be done.
66. Reasonable Rest Periods During Hazardous or Fatiguing Work
Under exceptional conditions o f hazardous or fatiguing work, reasonable pro­
vision will be made for rest periods fo r employees engaged in such work.
67. Twenty-Minute-Paid Wash-Up Time to Employees on Toxic Operations; Lesser
Time Allowances to Employees on Other Operations
Twenty minutes wash-up time, without deduction in pay, shall be allowed each
employee before quitting time while actually engaged on manufacturing or process­
ing o f lead powder and on any other operations in the plant which the parties shall
agree are toxic, or which in the opinion o f a representative o f the New Jersey Depart­
ment o f Labor are toxic. The following jobs have been found to be toxic: White
metal department; copper lead alloys; kettle work in lead plant; lead cable stripping,
lead cable sweating, and handling white metal dross in the scrap plant and laboratory
furnace room; and shall be treated as such until a determination is made that they
are not toxic. Such wash-up time fo r work not at present determined as being toxic




16

COLLECTIVE BARGAINING PROVISIONS

shall become effective only upon such determination. Fifteen minutes wash-up time
before quitting time shall be allowed without deduction in pay for work performed
in bag house and flues. Ten minutes wash-up time before quitting time shall be
allowed in all other jobs, without deduction in pay, except for shift workers.
68.

WorTc Prohibited During Inclement Weather Except in Emergency

Employees hereunder shall not be required to perform work on equipment outside
o f hangars during inclement weather when the company can make a hangar or shel­
tered space available. This requirement does not apply to emergency, line work, or
work on airplanes for immediate service.
69. WorTc Prohibited During Inclement or Below Zero Weather Except To Protect
L ife or Property or To Maintain Service to Public
The company will not require any employee covered by this agreement to work out
o f doors during inclement weather or weather that is below zero unless such wrork
is necessary to protect life or property or to maintain service to the public.
N o t e : This agreement covers a public utility.

70. Employer To Furnish Protective Gear During Inclement Weather
All employees required to work in rain or water shall be furnished a rain suit or
rain coat at the employee’s option, and individual hats and rubber boots where
needed. Such equipment shall remain the property o f the company, and shall not
be devoted to personal use and shall be turned in when not in use.
71. Employee Constituting Safety or Health Hazard to Other Employees N ot A l­
lowed To WorTc With Them. Company Bight To Examine Such Employees
No employee known to the company to be incapacitated physically or mentally to
perform his task in a safe manner or under safe conditions in relation to the health
or safety o f other employees whose health or safety may be prejudiced by his con­
dition, or who are dependent for their physical safety on his safe performance
o f his duties, shall be allowed to work in connection with other employees. The com­
pany shall at all times have the right to have physical and other examinations made
by its medical and/or other experts, to determine whether any employee is in fact
subject to a disability described in this paragraph, and shall have the right to act in
reliance upon the report o f such medical or both experts.

W ork Under Unsafe Conditions
Further safety and health protection to employees is contained in
clauses which state that they shall not be required to work under un­
safe conditions or which spell out the steps to be taken when an em­
ployee feels a job is unsafe. Some of these provide that refusal to do
work under conditions deemed hazardous shall not be grounds for
discharge.
72. No Employee Knowingly Permitted To WorTc on Job Detrimental to Health
No employee shall knowingly be permitted to work on a job which through physical
sensitivity or otherwise is detrimental to his or her health but suitable work shall be,




SAFETY, HEALTH, AND SANITATION

17

i f available, given by the company to such an individual without subjecting said
employee to undue exposure or detriment.
73. Employee N ot Required To Work Under Conditions Contrary to Company,
Safety Committee, or State Safety Code
No employee shall be required to perform services that seriously endanger his
physical safety and under conditions which would be contrary to the provisions of
the company’s safety code or the recommendation o f the joint management-union
safety committee or any applicable sanitary or safety provisions o f the Labor Code
o f the State o f California. An employee’ s refusal to perform such services under such
conditions shall not warrant or ju stify his discharge.
74. No Work Permitted Under Substandard Conditions or in Violation o f City or
State Agencies
Employer shall provide employees with standard safety devices, approved by the
Board o f Standards and Appeals. No employer shall permit work to be done under
conditions which are substandard or violative o f any laws, orders or regulations o f
any department or Board o f the City or State o f New York.
7-5. N o Employee Required To Work on Unsafe Equipment and Without Specific
Safety Gear. Use o f Safety Devices, Furnished by Employees, Mandatory
No journeyman shall be required to work with unsanitary material; nor on lad­
ders or scaffolds which are unsafe; nor without a proper safety belt or window
jack, where the use o f a scaffold is impracticable, and the use of such safety devices
is necessary. The safety devices shall be furnished by the employer.
N o t e : This agreement covers painters.

76. No Employee Required To Drive Trucks N ot Equipped with Safety Appliances
The employer shall not require members o f the union to take out on the streets
or highways any vehicle that is not in a safe operating condition or any vehicle
that is not equipped with safety appliances prescribed by the law.
77. Prompt Union-Management Conference To Settle Employee Refusal To Work
Under Unsafe Conditions
No employee shall be required to perform services that seriously endanger his
physical safety, and his refusal to do such work shall not warrant or justify dis­
charge. In all such eases an immediate conference between company and union shall
be held to settle the issue in question.
78. No Discharge fo r Refusal To Work on “ Unsafe” Job Pending Determination
by Safety or Medical Director. Employee Given Available Work Elsewhere or
Sent Home Without Pay i f Work Unavailable
An employee shall not be discharged fo r refusing to work on a jo b if his re­
fusal is based on the claim that said job is not safe or might unduly endanger his
health, until it has been determined by using the procedures provided in this article,
and applying the plant standards set forth in paragraph . . . above, that the job
is safe. In such cases the foreman shall request an immediate determination by the
safety and/or medical director as to whether the job is safe or unsafe.
Pending such determination, the employee will be given suitable work elsewhere
in the plant, i f such work is available. I f no suitable work is available, he shall be




18

COLLECTIVE BARGAINING PROVISIONS

sent home. Time lost by the employee when so sent home shall not be paid for by the
company.
79. Management Decision Final on Safety o f Job; Decision Accelerated
Any employee who is assigned to a job which he has good reason to believe may
be dangerous to life or limb may immediately notify the foreman and his steward
or committeeman. I f the matter is not resolved with the foreman, the steward or
committeeman may take the matter up immediately with the personnel director or his
designated representative for the purpose o f resolving the dispute. I f the decision
o f the management is that the job is safe, the employee must perform the job
assigned.
80. Employee Claiming Unsafe Job May File Grievance or Bequest Transfer Fend­
ing Settlement
An employee who believes that he is being required to work under conditions which
are unsafe or unhealthy beyond the normal hazard inherent in the operation in ques­
tion, shall have the right to:
1. File a grievance on said condition in line with section— hereof. It is understood
and agreed that i f a grievance is filed on an unsafe working condition, management
representatives shall give said grievance preferred handling and expedite its move­
ment through the grievance procedure.
2. Or he may request assignment to another job until the question is properly
settled.

Safety to Public
In addition to State regulations covering workers in industries or
occupations in which the safety or health of the workers may be affected,
agreements often contain provisions for the protection of the public
welfare as well as o f the workers. Agreements in the food industries,
for example, may require the employees to maintain minimum standards
of health or personal cleanliness, or to pass periodic medical tests. In
trucking and in public transportation, the employer may be required
to insure and adequately equip all vehicles with safety devices for the
protection of the driver and the public.
81. Shop Sanitary Conditions To Comply With Pure Food Laws
The shop must be kept clean and in an utmost sanitary working condition in accord­
ance with full requirements o f the pure food laws.
N o t e : This agreement covers bakeries.

82. Employer To Comply with City and State Sanitary Laws
The employer shall comply with all standards o f sanitation provided for by laws,
ordinances, rules and regulations o f the city and State department.
N o t e : This agreement covers barber shops.

83. Employees Must Maintain Personal Cleanliness
Sanitary toilets, wash stands and paper towels, also accommodations for hanging
clothes, shall be provided by the employer. The employees shall keep themselves clean
and in a sanitary condition at all times.




SAFETY, HEALTH, AND SANITATION
84.

19

Penalty by Union or Dismissal by Employer fo r Failure To Maintain Personal
Cleanliness

All employees engaged in the handling o f bakery products until they are wrapped
shall wear white and said employees shall maintain their personal cleanliness or
suffer severe penalties to be imposed by the union or dismissal by the employer i f
they injure or impair the confidence to which the baking business is entitled.
85. Discharge fo r Noncompliance with Health Standards
Inasmuch as ice cream is a food o f general public consumption and in many cases
is used particularly as a food in hospitals and for convalescents, it is agreed there­
fore, that any employee may be discharged i f he has fallen below the physical stand­
ards required by the laws o f the State, municipal ordinances, the rules o f the public
health department, or the standards established by the employer. I f an employee is
discharged under health standards established by the employer, union officials will
first be notified.
86. Ban on Employees with Contagious Disease; Employer or Union May Bequire
D octor’s Certificate
No employee afflicted with a skin, contagious venereal disease shall be permitted
to work in the shop. The employer or the union may require an employee to submit
a doctor’s certificate in this connection, or cause the employee to be examined by a
licensed physician.
N o t e : This agreement covers bakeries.

87. All Trucks Equipped with Safety Appliances
The following devices shall be defined as safety appliances and the employer
agrees to have all trucks so equipped and maintained in good order at all times. Two
rear vision mirrors, one windshield wiper, one arm signal, and a good horn. Wind­
shields pitted by sand or other blemishes that distort proper vision shall be replaced.
Driver’s cab shall have doors or curtains to protect driver during cold or inclement
weather. Brakes, headlights, clearance lights, and tail lights, shall meet legal re­
quirements. Fog lights shall be provided i f truck is operating in regions where fo g
is a common occurrence. Tires to be checked, driver not responsible for accidents
occurring from bad tires.
88. Equipment To Conform to Applicable Begulations
No employee shall be compelled to take out equipment that is not mechanically
sound and properly equipped to conform with all applicable city, State and Federal
regulations.
N ote : This agreement covers over-the-road trucking.

89. All Trucks and Vehicles Must Be Insured
All motortrucks, horse-drawn vehicles and rolling equipment owned or hired by
the employer must be insured either by an independent insurance company or by selfinsurance. All motor trucks shall be provided with storm-proof enclosures. Seats
shall be installed for chauffeurs.




20

COLLECTIVE BARGAINING PROVISIONS

Accidents and First Aid
Many agreements require the employer to maintain first-aid facilities
in the plant. The employers may only be required to have first-aid kits
accessible, with a designated employee or trained first-aid attendant in
charge. In large plants, a kit may be required in each department.
Some agreements specify that a nurse, or doctor and nurse, shall be in
continuous attendance or readily available. Others require the employer
to provide an adequately equipped first-aid room with a competent
person or persons in charge. Sometimes a minimum number of workers
must be employed before the company is required to have a trained
person in attendance. Where multiple-shift operations are in effect,
provision may be made for supervision of first-aid facilities on all shifts.
In industries involving hazardous occupations, the employer must make
provision for ambulance service or for the maintenance of an ambulance
on the premises.
Many agreements provide that all accidents must be reported by the
injured employees, usually to the foreman or the immediate supervisor.
Since most State workmen’s compensation laws require the employer
to report all accidents, this is not generally specified in agreements.
90. Adequate First-Aid Equipment Accessible and Available at All Times
Adequate first aid equipment shall be placed and maintained by the company in
headquarters o f each department and such equipment shall be made easily accessible
and available at all times.
91. Employees Required To Know or Learn First Aid
An employee covered by this agreement is required to take first-aid training unless;
he possesses a knowledge o f at least the fundamentals of first aid to the injured, i.e.,
Artificial respiration
Control o f arterial bleeding
Treatment of shock
N o t e : This agreement covers copper mining operations.

92. Designated Person in Charge o f First-Aid K it
An adequate first-aid kit shall be maintained so as to be easily accessible at all
times. The company shall designate a person to take sole charge o f each first-aid kit.
93. First-Aid and Ambulance Service Provided on All Shifts
Prompt ambulance service and first aid to injured workmen shall be provided by
the employer on all shifts and a safety man shall be employed and made responsible
for the proper enforcement o f safety rules.
94. Specified First-Aid Equipment in Chemical Plant
In those portions o f the plant employing corrosive chemicals, safety showers,
blankets, and counter solutions shall be provided in a conspicuous place and conspicu­
ously labeled.




SAFETY, HEALTH, AND SANITATION

21

95. Company To Maintain First-Aid Room with Competent Person in Attendance
The employer shall maintain a first-aid room in each of its plants with a com­
petent person in charge thereof.
96. Nurses or First-Aid Staff To Be Available; Competent Medical Service Provided
fo r Accidents on Company Property
A competent staff o f nurses or first-aid personnel will be available in all plants
where required and necessary to insure prompt first-aid service to injured employees.
Competent medical service will be provided for each employee in case o f an accident
on company property.
97. Company To Maintain Medical Department
The company will maintain a medical department, properly equipped and staffed
and under the direction o f a full-time licensed physician. Only graduate nurses
will be employed in this department.
98. Provision fo r Medical Aid
An adequate medical service plan has been enacted and shall continue as regards
employees, and safety and health conditions affecting those employees, within any
area affected by this contract.
A competently trained person is and shall continue to be on duty in that portion
o f the plant devoted by * * * company for the purpose o f medical aid to
its employees during the day shift. Adequate facilities for first aid shall be also
provided for the off-shifts.
99. Doctor or Nurse in Attendance During WorTcing H ours; Ambulance Maintained
A physician or a registered male nurse shall be in attendance at each yard during
all working hours to provide adequate first-aid service.
The company, at its own expense, will provide an ambulance which will be main­
tained at each yard during all working hours.
100. First-Aid Attendant on Duty so Long as Production Departments Operate
The company will continue to make reasonable provisions for the safety and
health o f its employees at the plant during the hours o f their employment. Pro­
tective devices and other equipment necessary to properly protect employees from
injury shall be made available by the company. It is further agreed that the firstaid department will be open with an attendant on duty at all times when production
departments are working.
101. First-Aid Personnel Available Provided Minimum Number o f Employees at
WorJc
The employer agrees that it will have available a person qualified to administer
first aid at all times that two hundred (200) or more employees are at work.
102. First-Aid Boom and Equipment To Be Furnished in Plants Employing More
Than 25 Workers
There shall be established within sixty (60) days in each plant where twentyfive (25) or more employees are employed, a first-aid room with bed or couch for
ill or injured employees and equipped to care for the sickness or injury o f the
employee.
N o t e : This agreement covers a number o f individual firms.




22

COLLECTIVE BARGAINING PROVISIONS

103. Company To Try To Have Trained First-Aid Men in Every Department
The company will endeavor to have present in every department and on every
shift employees trained in first aid and holding a United States Bureau of Mines,
Red Cross or other recognized certificate for first aid. Such employee shall carry
on his regular job and not be entitled to extra compensation for first-aid duties.
104. Company’s First-Aid Doctor on 24-Hour Call
Registered doctors will be in charge o f the company’s first-aid departments,
being on call twenty-four (24) hours a day. No employee injured in a plant will be
required to sign any statements in the first aid.
105. All Accidents To Be Deported to Foreman or Overseer
A Standard Red Cross first-aid kit shall be kept at all times in all departments
to meet any emergency that may arise, but accidents, however minor, shall be
reported to the foreman or overseer o f the department, and the overseer shall report
the accident to the office o f the employer.
106. All Injuries To B e Deported to First-Aid Department During Day S h ift;
to Foreman, During Night Shift
Injuries of any nature whatsoever shall be reported immediately by the em­
ployee to the first-aid department between the hours of 8:30 a.m. to 5:30 p.m.,
and to his foreman between the hours o f 5:30 p.m. to 8:30 a.m.
107. Accident Form Must B e Filled Out A fte r First Aid Is Given
Employees injured while at work will cooperate with their foreman in making
out an accident report as soon as possible after medical attention is given.
108. Ill Employee Must Deport Illness to Supervisor B efore Going to First-Aid
Doom
I f an employee becomes ill while at work, he or she shall report such illness
to a supervisor who will permit the employee to report in person the circumstances
o f his or her physical condition to the company’s first-aid room. The first-aid room
will take appropriate action.
109. Company To Furnish Transportation to Employee Injured at W ork; No
F ay Loss
In case o f injury sustained by an employee in the course of employment and
requiring immediate attention o f a physician, the employer shall provide necessary
transportation to the physician’s office, and to the employee’s home, or to the
hospital, i f necessary. I f the employee returns directly to work on the same day,
he shall suffer no loss o f time, and i f sent home or to the hospital, shall be paid
for the balance o f the half-day work period in which the injury was sustained.
In no case shall such employee suffer loss o f time when required to leave his jo b
for visits to the physician for further treatment o f such injury.
110. No Discrimination Against Employees fo r Filing Claim B efore State Indus­
trial Accident Commission
The employer agrees not to discriminate against any employee because o f his
either filing a claim or appearing before the California State Industrial Accident




SAFETY, HEALTH, AND SANITATION

23

Commission. The employer agrees to exert every possible effort to find employment
in his shop fo r his employee who has become totally or partially disabled because
o f an industrial accident at his shop.
111. Employee Complaints Over Company Hospital or Doctors Subject to Grievance
Procedure
It is understood and agreed that the company’s hospital is maintained primarily
for the purpose o f providing medical and hospital services to company employees
who may need the same as a result o f industrial injuries * * * . Should any
employee have a complaint against the company’s medical director or his assistant,
or the facilities o f the company’s hospital when said employee is being treated
by the company’s medical director or his assistant, or is using the facilities o f
the company’s hospital because o f an injury which arose out o f and in the course
o f his employment, said employees may present said grievance for adjustment
under the grievance procedure.
112. Employee Dissatisfied With Company D octor’s Treatment May Select Own
Doctor at Company Expense, Provided Cost Does Not Exceed That Paid to
Company Doctor
I f an employee entitled to medical treatment at company expense has good and
sufficient reason to believe the medical treatment given by the company doctor is
insufficient, he may select his own doctor and be treated at the company expense,
providing he notifies the company o f such change, and providing the cost o f such
private medical attention does not exceed that paid to the company doctor.

Sanitary Conditions
The obligation of the employer to maintain sanitary and comfortable
working conditions is expressly affirmed in a number of agreements.
The exact nature o f these clauses is dependent, of course, upon the
kind of workplace and type of work performed. A general clause of
this nature requires the employer to provide a clean, ventilated, and
properly lighted work room for the performance of all work.
The most common type of specific clause requires the employer to
furnish and maintain clean toilets, washrooms, good drinking water,
sanitary fountains, and proper light, heat, and ventilation. Those agree­
ments covering “ dirty” occupations, where employees change to work
clothing, usually require the employer to furnish showers, lockers, and
dressing rooms. In industries such as logging and maritime, where liv­
ing quarters are furnished, the agreements may specify standards of
sleeping and eating arrangements.
Often the union agrees to share responsibility for maintaining sani­
tary conditions and to cooperate with the employer in carrying out the
intent o f this clause, and the employees are required to cooperate to
this end.




24

COLLECTIVE BARGAINING PROVISIONS

113. Employer To Maintain Sanitary Conditions
The company will continue to maintain a clean, properly-lighted, heated, and
ventilated factory with approved safety devices.
114. Specific Sanitary Facilities Provided and Maintained
The company agrees to furnish good drinking water and sanitary fountains will
be provided where necessary. The floors o f the toilets and washrooms will be kept in
good repair, in a clean, dry, and sanitary condition.
The shops and washrooms will be lighted and heated in the best manner possible
consistent with the source o f the heat and light available. Lockers will be pro­
vided for all employees.
115. Sanitary Facilities, Including Adequate Best Booms, Provided
Adequate rest-room facilities shall be provided by the employer. All rest rooms
shall be kept in a sanitary condition. Adequate drinking fountains shall be
installed and maintained, and adequate ventilation shall be provided by the
employer.
116. Prinking, Eating, Washroom Facilities Furnished
Proper drinking, eating, and washroom facilities will be provided at both the
[plants].
117. Specific Sanitary Facilities Furnished, Including Showers
Change houses, locker, and shower rooms will be furnished by the company
for the use o f the employees.
118. F ifteen Minute Wash-TJp Time Allowance to Employees Handling Coal and
Other Dirty Work
In the production department all coal-handlers at coal-unloading pits, and coal­
handling operators working between the coal pits and bunkers, desiring to take
a bath before leaving the plant, shall be allowed to leave the job for the locker
room fifteen (15) minutes before the end o f their scheduled work period. Any
employee, who has become unusually dirty, may, after securing permission from
his immediate supervisor, take time from work to bathe and clean up.
119. Company To Furnish Soap and Allow 30 Minutes Per W eek fo r Washing
Clothes on Company Time
The company will furnish suitable soap for bathing; however, shall not be
required to furnish in excess o f three (3) bars per week to each employee. The
kinds o f soap purchased for this purpose shall be limited to six, such kinds to be
designated by the workmen’s committee. The company shall also furnish soap
for washing clothes, each man to be entitled to receive one (1) pound per week
and each man shall have thirty (30) minutes per week for washing clothes on
company time.
N o t e : This agreement covers the manufacture of carbon black.

120. Drinking Water During Summer Months
The company shall furnish cold drinking water during the summer months
to the employees working in the plant.




SAFETY, HEALTH, AND SANITATION

25

121. Sanitary Standards fo r Living Quarters and Food
The following items shall be supplied to the unlicensed personnel:
1. A suitable number o f clean blankets.
2. White sheets and pillow cases which shall be changed weekly.
3. Face and bath towels which shall be changed twice weekly.
No clean linen or towels shall be furnished until soiled linens and towels have
been returned to the steward.
Mattresses or pillows filled with straw or excelsior shall not be supplied. The
company agrees to make every effort to supply mattresses o f high grade quality.
Recognizing that mattresses are subject to wear and tear and may not always be in
sanitary condition, the company agrees to replace mattresses and pillows when such
replacements are legitimately necessary.
All dishes provided shall be crockery ware.
1. Percolator to be supplied to each ship.
2. Each bunk shall have bunk lights installed.
3. Lockers o f full length to be installed for all employees where practicable.
4. Chest o f drawers to be placed in every room where practicable; also drawers
under bunks where practicable.
5. Each vessel is to be furnished with at least one electric washing machine for
the use of the crew.
6. When necessary, bunk springs shall be replaced by ones o f first-class quality
and material.
7. Water coolers and sanitary drinking equipment to be installed for the use o f
the unlicensed personnel. When available, an electric refrigerator shall be
installed for the use o f unlicensed personnel for food served at irregular hours.
8. All stores and provisions to be o f standard quality. The ship’s committee shall
be accorded the right to consult with the steward concerning the quality and
quantity and variety o f food served at meals and light lunches.
All quarters and messrooms shall be adequately ventilated and a sufficient number
o f electric fans to secure such ventilation shall be installed. When necessary such
spaces shall be suitably screened.
All quarters are to be kept free from vermin and clean insofar as possible, and
the unlicensed personnel shall cooperate in this respect. The company agrees to
fumigate all quarters regularly when such fumigation is necessary.
122. Employer To Install Necessary Heating and Ventilating Systems
Proper heating and ventilating systems shall be installed by the corporation
wherever needed.
123. Company To Comply with State Hygiene Department’s Buling on Additional
Heating or Ventilating Systems
Any complaints relating to additional heating or ventilating systems shall be
made to the West Virginia Hygiene Department and i f upheld by such Depart­
ment, the company agrees to follow the rules o f such Department.




26

COLLECTIVE BARGAINING PROVISIONS

124. Minimum Temperature in Work Places Specified
Cutting sheds and air for pneumatic machines to be heated from October 15
to April 15 o f each year to at least forty (40) degrees. Hot water must also be
provided during the same period.
125. Window Screening in Departments Working Nights, Except Those in Which
Humidity Is Regulated
The company will endeavor to maintain a high standard o f safety and sanitation
in the mill. The company also agrees to furnish screens for fifty (50) percent o f
the windows in all departments regularly running nights, except those in which
the humidity is regulated.
126. Company and Employee Cooperation in Maintaining Sanitary Conditions
The company will provide and maintain adequate rest and recreation rooms and
toilet facilities, but the maintenance o f sanitary conditions therein shall be the
mutual obligation o f all employees and the company.
127. Union Committee To Assist on Sanitation and Other Problems— Food Product
Plant
Since the company operates a food product plant it is recognized by both parties
that it is to their mutual interest that a high degree o f sanitation and cleanliness
be maintained and they hereby mutually agree to cooperate to that end. The union
agrees that a committee be selected to work with management on problems o f
efficiency, sanitation, production and quality since it is agreed that these problems
affect both wages and continuity o f employment for each employee.
It is agreed that all employees shall comply with the rules and regulations o f the
company as set forth in the 1‘ Employees Manual. ’ 9
128. Access to Plant by Union Representative To Check Sanitation, Fire Pre­
vention, and Safety
The employer agrees to maintain sanitary conditions in his shop or shops. A
duly authorized representative o f the union shall have access to the factory or the
employer at all times for the purpose o f investigating conditions o f the shop with
reference to sanitation, fire prevention, and general safety.

Shift in Temperature Conditions
Special provisions are made for employees in industries which re­
quire shifts in temperature conditions— from hot to cold or vice versa.
The employee must be given time to change clothing; or he may not
be forced to work on a job where it is unusually hot or cold.
129. Shift from Warm to Cold Temperature— Employee Given Sufficient Time To
Change Clothes
When an employee is changed from a warm to a cold department or vice versa,
he shall be given sufficient time to change his clothing.
130. Shift from Warm to Cool Departments— Notice to Employee on Previous
Working Day




SAFETY, HEALTH, AND SANITATION

27

Employees shall not be changed from warm to cool departments without being
notified on the previous working day; when changed from cool to warm departments
there shall be allowed ample time to change clothing.
131. Employees Shifted from H ot to Cold Work Given Time To Cool O ff
Employees working on “ hot work17 will not be require to work on “ cold w ork’ y
or go out into the weather until given sufficient time to cool off. Where time will
permit, furnaces will be cooled before they will be required to work in them.
132. Secret Ballot, Under Joint Supervision, on Whether Kiln Is Too H ot To Be
Worked
It shall be left to the discretion o f the majority o f the wheelers to determine
b y means o f a vote taken by secret ballot whether a kiln is too hot to be worked
and such vote shall be counted jointly by a union and company representative.
133. Employees N ot Required To Work in Unreasonably H ot Work Place
No employee shall be required to work in any kiln as long as the temperature
where he is to work is unreasonably hot.

Smoking Provisions and Regulations
The subject o f smoking is sometimes covered in agreements, although
it is more often incorporated in plant or shop rules. The prevalence of
smoking regulations and extent of prohibition of smoking is determined
to a considerable extent by the nature of the industry and the types
o f materials handled and processes used. Because of the danger of fire
and other safety hazards, or because of fire insurance and safety regu­
lations, smoking may be either prohibited anywhere in the plant or in
restricted areas only. Violation of this rule usually results in disciplin­
ary action, including discharge. Occasionally, smoking is permitted
only at certain hours, or at certain intervals. Determination of the
areas in which smoking shall be permitted is usually left to manage­
ment. In some agreements, the union pledges itself to cooperate in
enforcing smoking rules and in keeping violations to a minimum. Oc­
casionally, too, smoking is permitted on a trial basis subject to revoca­
tion of the rule in the event o f abuse.
134. Smoking in Nonrestricted Areas To Be Negotiated
The matter o f smoking during working hours, with the exception o f areas
w hich may necessarily be restricted, w ill be the subject o f negotiations between
the union and management.
135. Ninety-Bay Trial Period fo r Smoking, Subject to Company Buies
Smoking shall be permitted in departments and offices according to smoking
regulations established by the company and restricted to those regulations
during a 90-day trial period.
Smoking may be discontinued at the end o f the trial period if, in the opinion
o f the management, such service is not satisfactory.




28

COLLECTIVE BARGAINING PROVISIONS

136. Flat Prohibition o f Smoking in Plant
Employees are forbidden to smoke in the plant.
137. Smoking Banned in Specified Departments, Places, or on Certain Jobs, but
Permitted During Lunch Periods. Company Bight To Add to List o f Places
Where Smoking Is Banned
The company agrees to allow smoking during working hours in the shop
except in the rest rooms and toilets, in the stockroom, adjacent to and in the
paint shop, and in busses being final trimmed, also b y anyone working under­
neath a bus or chassis. The company reserves the right, as it deems necessary,
to add to this list o f places where smoking is banned, and w ill do so by written
notification to the union bargaining committee, supplemented by posting on
the bulletin boards.
Employees o f those departments or places or doing certain jobs where smoking
is banned, must confine their smoking to morning, noon, and afternoon lunch
periods.
Any employee found violating this privilege by smoking in the toilets or on
other banned locations or jobs will be given a 1-week lay-off for the first vio­
lation and discharge for the second violation.
The company is extending this smoking privilege so that those eligible who
feel the need of a smoke between rest periods w ill have the privilege o f doing
so. The company must insist, however, that this privilege not result in undue
loss o f time and that every effort be made by all employees to eliminate fire
hazard and to promote safety. The union agrees to cooperate and assist in this.
138. Discharge for Smoking While on Duty or in Prohibited Areas
Reasons for discharge: Smoking while on duty or in prohibited areas, which
are all parts o f the mill except the locker rooms and boiler house.
139. No Smoking in Designated Areas; Discharge for Violation; Union Coopera­
tion Pledged
There shall be no smoking in the cargo spaces o f the ship or on deck near
open hatches or on the pier o f the party o f the first part; for a violation o f this
provision, the guilty person shall be discharged and given no further employ­
ment by the party o f the first part. The union recognizes the danger o f this
offense and agrees to cooperate in every w ay to eliminate it.
140. Graduated Penalties fo r Smoking in Prohibited Areas
The penalties for * * * smoking in prohibited areas shall be as fo l­
lows: * * *
First offense, suspension for 15 days; second offense, suspension for 30 days;
succeeding offenses, minimum penalty, 60 days* suspension, maximum penalty,
discretionary.
141. Smoking Allowed in Present Smoking Areas and in Other Areas Determined
by Management
The company shall permit smoking in plant areas, in which the privilege
now exists, and upon request o f the union shall extend such privileges to
other plant areas where they are, in the judgment o f plant management, prac­
ticable and consistent with safety and good operating practices. The location
o f smoking areas shall be determined by management.




SAFETY, HEALTH, AND SANITATION

29

142. Ten-Minute Paid Smoking Allowance per Half-Shift, Plus 5 M inutes9 Travel
Time to and from Approved Smoking A rea ; Privilege Withdrawn A fte r Notice
to Union, i f Abused
All employees shall continue to be allowed a ten (10) minute smoking period
during the first half o f the shift and ten (10) minute smoking period during
the second half o f the shift. In addition to the time mentioned above, an allow­
ance w ill be given for travel time from the work area to an approved smoking
area and return, this travel time not to exceed five (5) minutes for each smoking
period. Such smoking periods shall not be deducted from the employee ’ &working
time and shall be paid fo r b y the company. The precise time o f these periods shall
be determined by the company but due consideration shall be given to the
wishes and convenience o f the employee involved. This privilege, i f abused,
may be withdrawn at any time, after such abuse has been called to the atten­
tion o f the union and has not been satisfactorily corrected.
143. Employees Allowed One 10-Minute Maximum Smoking Period fo r Each 6 Hours
Worked
Employees shall be allowed one (1) smoking period for each (6) hours
w orked; such smoking period not to exceed ten (10) minutes. This time shall
not be used as a means o f increasing the rate.
144. Smoking Permitted in “ Smoking A rea 99 by No More Than Five Employees
at Any One Time
The company shall designate and provide a smoking area in the plant to be
plainly marked and it is mutually agreed that the privilege o f smoking in this
segregated area is granted upon the express condition and understanding that
at no time during working hours, on any and all shifts, shall more than five
employees at a time congregate or loiter in the smoking area fo r the purpose
o f smoking or otherwise.

Eating Facilities
While it has been customary in many instances for agreements to
require the employer to provide clean and sanitary space where em­
ployees might eat their lunch, the broader problem of in-plant feeding
became increasingly important during the war period. This was particu­
larly true where large plants sprang up in outlying districts or where
plants enlarged rapidly and public eating facilities were not adequate.
Agreements may provide that these facilities be maintained by the
company, sometimes with union cooperation. These facilities may in­
clude in-plant feeding; they may be limited to the provision of hot
coffee at cost during the meal period; or they may merely call for suit­
able eating places to be furnished by the company.
145. Clean and Sanitary Lunch Places Furnished by Company
The company agrees to furnish employees with clean and sanitary places
in which to eat lunch.




30

COLLECTIVE BARGAINING PROVISIONS

146. Present Catering Service Maintained as Long as Conditions Permit
The company agrees that the present catering service w ill be maintained as
long as conditions remain that w ill permit the present service to operate.
147. Hot Foods To Be Furnished in Plant Cafeteria
H ot food service w ill be provided in the cafeteria at regular lunch times
except when the plant is not operating.

Workmen’s Compensation
Although there are workmen’s compensation laws in all States, some
agreements specifically require the employer to carry insurance to pro­
vide benefits for injuries to workers while on the job. This contractual
requirement apparently arises from the fact that (1) the law is elective
in many States and therefore the employer is not required to come
under the act; (2) many State laws do not cover employers who have
less than a certain number of employees; and (3) no law covers all
employments.
Most workmen’s compensation laws permit the employer to self-insure
under certain conditions. However, agreements sometimes contain a
provision prohibiting self-insurance.
Unions also extend the protection from loss of pay due to accident
on the job by requiring that the employee shall be paid for time lost
on the day the accident occurred, for time lost before workmen’s com­
pensation becomes effective, for the difference between State compensa­
tion pay and the employee’s regular wage, and for hospital and medical
care incident to the injury. (See Bulletin 908-6, Leave of Absence;
Military Service Leave, page 18, for additional clauses on payments to
supplement workmen’s compensation benefits.)
148. Employer To Carry Workmen’s Compensation Insurance
It shall be the duty o f the party o f the first part to carry proper compensa­
tion insurance on all employees so that they will be fu lly protected in case o f
accident.
149. Refusal To Provide Workmen’s Compensation Protection, Deemed Agreement
Violation
Each operator who is a party to this agreement w ill provide the protection
and coverage o f the benefits under workman’s compensation and occupational
disease laws, whether compulsory or elective, existing in the States in which
the respective employees are employed. Kefusal of any operator to carry out
this direction shall be deemed a violation o f this agreement. N otice o f com­
pliance with this section shall be posted at the mine.
150. Employer To Carry Workmen’s Compensation Insurance; No Self-Insurance
Employer agrees to at all times carry workm en’ s compensation insurance on
his said employees, and w ill not be a self-insurer.




SAFETY, HEALTH, AND SANITATION

31

151. Employer To Carry Workmen's Compensation Insurance and File Information
with Union
A ll employers, parties to this agreement must carry the compensation insur­
ance to cover all jobs wherever the work is being done and supply the union
with the name o f the carrier and the number o f the policy.
152. Employer To N otify Union Committee o f Disposition o f Workmen's Compen­
sation Cases
The company agrees to give the health and safety committee o f the union a
report as to the final disposition o f all cases that come under the W orkm en’ s
Compensation A ct o f the State o f Illinois.
153. Pieceworkers To Be Covered by Workmen's Compensation
It is further agreed that all piece workers are employees and are not inde­
pendent contractors and shall receive compensation in case o f injury arising
out o f the course o f their employment when the injury is one which is com­
pensable under the W orkm en’ s Compensation A ct o f the State o f Minnesota.
The [em ployers’ association] w ill cooperate with the union in seeing that all
employers carry compensation insurance at all times and each employer agrees
to carry such insurance. P roof o f insurance coverage in the form o f a certifi­
cate o f insurance shall be furnished the union.
154. Employee Paid for A ny Time Lost on Day o f Injury
In case any employee is
opinion is compelled b y the
o f workday in which injury
for the time lost on date o f
his shift.

injured at his work and in the company doctor’s
seriousness o f the injury to lose time for balance
occurred, he shall be paid for his full 8-hour shift
injury plus any premium which might be due from

155. Employee Paid Difference Between Workmen's Compensation and Wages for
2 Weeks, A fte r Which Union and Company Negotiate Further Pay Benefits
It is agreed that the follow ing interpretation is acceptable to both parties
on occupational injury benefits:
“ Occupational injury benefits will be paid for the first 2 weeks the difference
in wages between the employee’s wage and the compensation pay. It is agreed
where an occupational injury lasts longer than 2 weeks, the committee and
the company will negotiate a settlement on further pay benefits for the par­
ticular case. ’ ’
156. Employee Paid fo r 56-Hour Period i f Eligible for State Compensation
A ny employee who, while working on company property at his regular duties,
is injured seriously enough to obtain State compensation, shall be paid his
regular straight-time hourly rate o f pay for a period o f fifty-six (56) hours,
dating from time o f injury.
157. Accident Compensation— Employee Paid fo r First 3 Days Provided Absent
10 Days and No State Compensation Pay Deceived
In the event o f compensable injury or disability, arising out o f and in the
course o f employment, to an employee, he shall receive compensation for the




32

COLLECTIVE BARGAINING PROVISIONS

first 3 days off at the rate applicable under the Missouri State Workmen’s
Compensation A ct when such employee is off for 10 days or more. This shall not
apply where a man receives compensation for the first 3 days under the Act.
158. Accident Compensation— Paid Begular Wages Until Compensation Benefits
Start, Provided Have 1 Y ear’s Service. Seniority Bights Protected fo r 1 Y ear;
Joint Decision on Disability Cases Over 1 Year
A ll employees disabled during the course o f their employment that have one
(1) y ea r’ s service with the employer, shall be paid at the regular wage rates
until such time as the W orkm en’s Compensation A ct takes effect. Employees
who are injured, but whose disability does not prevent them from perform ing
w ork for the employer in a reasonable manner, shall be protected in their
seniority rights. In cases involving disability for a period longer than one (1)
year, it shall be determined by joint action o f the job steward or job committee
o f the union and the representative o f the employer.
159.

Accident Compensation— All Medical and Hospital Expenses Paid by Com­
pany

Employees injured while at work shall be given medical attention at the
earliest possible moment, and employees shall be permitted to return to work
without signing any release o f liability pending the disposition and settlement
o f any claim for damage or compensation. Employees w ill be given medical
examination without loss o f time when such is required b y the company.
When an employee is injured on the job, all medical expenses, hospital and
doctor bills, and other expenses incident to the injury w ill be borne b y the
company.
The company w ill provide transportation to and from doctor’ s office or hos­
pital from company premises on day o f accident for injured employee when
such is required.
160. Occupational D isease: Employer To Furnish Physician’s Treatment and Sur­
gical, Hospital, and Nurses Services and Supplies Up to 90 Days
Where the X-ray o f the employee reveals that he is suffering from an occu­
pational disease attributable to his employment with the company, the company
hereby agrees that it w ill furnish or cause to be furnished, free o f charge to
the disabled employee, an attending physician for the treatment o f his occu­
pational disease, and in addition thereto, such surgical, hospital and nurses
services and supplies as the attending physician may deem necessary for a
period o f up to ninety (90) days, i f necessary, unless otherwise agreed between
the company and the union, but in any case not less than statutory requirements.
Where an employee, who prior to any periodic examination offered by the
company, discovers that he is suffering from an occupational disease, makes
representation o f this fa ct to the company, the company shall make or cause
to be made a physical examination and X-ray of the employee, free o f charge,
and when the fa ct o f disablement by occupational disease attributable to his
employment with the company has been determined, the company shall furnish
or cause to be furnished such treatment to the employee as is required by the
preceding paragraph.
A ll rights under this contract shall continue with the disabled employee and
he shall have the benefits o f the contract upon his recovery from the occupational
disease.




SAFETY, HEALTH, AND SANITATION

33

Physical Examinations
Physical examinations and health certificates are required as a condi­
tion of employment in a number of agreements. This is particularly
true in industries such as food-processing and transportation, where
public health and safety are involved, and in industries entailing haz­
ardous work. Some agreements, on the other hand, restrict the right of
the company to require medical examinations.
Meeting physical standards through a physical examination may be
required of prospective employees only, as a condition of employment,
or of present employees as well, as a condition of continued employ­
ment. The employer may have the right to require periodic physical
check-ups of all employees, or of those in particularly hazardous occu­
pations, either by the company’s physician or by a physician chosen
by the employee.
An employee absent from his job, whether due to lay-off or to illness
or injury, may be required to take a medical examination to determine
his physical fitness when he returns to the job. He can be refused em­
ployment if he fails to pass the minimum medical requirements of the
company. This requirement applies, in some agreements, only if the
employee has been absent for an extended period or for a specified time.
Some employers also reserve the right to require a medical examina­
tion of employees chronically absent.
Some agreements protect workers by providing for continuance at
work if the employee’s physical disqualification can be corrected by
treatment or, in the case of contagious diseases, by permitting the em­
ployee to return to work after a specified time on presentation of a
health certificate.
As a protection against discrimination and possible disqualification
for work when the employer is given broad rights to set physical stand­
ards and require physical examinations, provision is often made for
appeal, either through the employee’s own physician, a neutral physi­
cian, or through the regular grievance procedure. The report of the
company physician is usually made available to the employee or his
physician. Further protection to employees is the purpose of provisions
stating that physical examinations shall not be used for purposes of
discrimination.
Usually, the company pays for the initial examination; in cases of
appeal, the employee often pays for his own physician and the com­
pany either pays for the third physician or shares this expense with
the employee.
Some agreements which protect present employees against losing
their jobs upon failure to pass a physical examination specifically state
that new applicants may be rejected.



34

COLLECTIVE BARGAINING PROVISIONS

Preemployment and Periodic Examinations
161. No Physical Examination Except as Required by Law
There shall be no d octor’s physical examination nor age limit, except as
required by law. Unless required b y law, no employee shall be compelled to pay
hospital or insurance fees in the course o f employment or as a condition to
secure employment.
162. Employer Right To Require Physical Examinations and Set Reasonable
Health Standards
The company shall have the right to adopt at any time the requirement
o f physical examination for its employees and set reasonable health standards.
The company may decline to employ or retain in its employ any person who
falls below the reasonable health standards required.
163. Preemployment and Periodic Examinations by Company Doctor
The company may require all applicants for employment to be examined by
a physician employed by the company, shall have the right to require all
employees to be examined and periodically reexamined at reasonable intervals
by a physician employed b y the company, all such physical examinations to be
free at the expense o f the company.
164. Preemployment Examination by Company D octor; Subsequent Examinations
by Em ployee’s Doctor
Employees shall not be required as a condition o f employment to submit to
a physical examination b y a physician in the pay o f the employer or its agents,
but may furnish a certificate o f current date from any reputable doctor o f the
em ployee’s own choosing.
Applicants for employment shall be examined by a reputable physician chosen
b y the employer.
165. Semiannual Examinations o f Employees in Specified Hazardous Occupations
Employees engaged in sand blasting, plating, or spray painting shall be
given physical examinations b y a physician semiannually during their employ­
ment in such occupations.
166. E ye Examinations Required Periodically— Certificate o f Fitness a Condition
o f Employment
The company shall have the right to require employees to have their eyes
examined periodically by competent eye specialists whose fitness has been legally
determined, and the failure o f any employee to furnish the company with ten
(10) days after notice o f such requirement of a certificate o f fitness approximating
normal ocular efficiency, shall be sufficient cause for lay-off without pay; it
being provided, however, that such fitness may be effected by the use o f eye
glasses, i f necessary.
167. Frequency o f Periodic Examinations Geared to A ge o f Employees
At the company’s expense and under direction o f the company doctor, physical
examinations will be made o f all employees at such times as the company may
request. The company hopes to continue the present plan of physical examinations
o f employees 45 years o f age or older every year, and employees under 45 years o f
age every other year.




SAFETY, HEALTH, AND SANITATION

35

168. Union and Company Physicians Determine Frequency o f Periodic Examinations
and X-Bays, With Cost Borne ~by Company
The company shall have the right to accept or reject new employees on the basis
o f physical examinations and X-rays, and shall make periodic physical examina­
tions and X-rays o f its employees.
The company agrees that physical examinations and X-rays shall be taken as
often as determined by the company’s physician and the physician appointed by
the union, as hereinafter set forth $ all expenses o f such examinations and X-rays
to be paid for by the company.
All male employees shall be examined and X-rayed before June 1, 1948, except
any male employee who has been X-rayed since January 1, 1947.
The union shall appoint a physician to represent the union for the purpose herein
described. The company will permit the union’s physician to see and examine all
periodic X-rays hereafter taken and also the periodic X-rays taken since 1940.
Upon written request o f any employee’s family physician, the employee shall
be permitted to take his X-rays to be examined by his family physician. It being
understood that the employee shall be responsible for the safe return o f such
X-rays.
169. Company Bight To Determine Physical Fitness at Any Time with Option To
Find Other work or To Dismiss Employees Physically Impaired
The company shall have the right to determine the physical fitness o f an employee
at any time and for this purpose may require such employee to be examined by
a company physician at the company’s expense. In the event an employee is found
to be physically impaired, the company will endeavor to give him other work,
provided in the company’s judgment such work is available and the employee is
capable o f properly performing such work. Otherwise, such employee may be dis­
missed. Furthermore, i f an employee is found to be suffering from a contagious
or infectious disease or to be mentally unsound, he may immediately be dismissed.
170. Company Bight To Transfer Employee, Based on Physical Examination
It is understood that in cases where physical examination indicates that an
employee should have a change in occupation, the company will have the right to
transfer that employee to work for which he is physically fit, considering said
employee’s competency and seniority status.
171. Examinations N ot To A ffect Worker*s Employment Status, Subject to Lay-Off
in Ccirse o f Communicable Disease
Employees shall submit to an annual physical examination by the company’s
doctor, or oftener i f requested by the company. This examination shall not affect
the employee’s employment status with the company.
Employees having venereal diseases or tuberculosis communicable to other em­
ployees will be laid off as soon as proven by a competent medical doctor and will
not be permitted to resume work until he furnishes medical proof o f noncon­
tagiousness.
172. Employee May Bequest Yearly Check-Up by Company Doctor
Each employee may have a complete and thorough physical examination made
by a company physician once each year for each full year o f employment. It is
understood that this yearly physical examination shall be for the sole purpose o f




36

COLLECTIVE BARGAINING PROVISIONS

informing the employee o f possible necessary treatment for keeping himself in a
tit physical condition for further work.
The above mentioned physical examinations by a company physician shall be
made without cost to the employees.
173. Chest X-rays Provided Periodically on Bequest. Besults Given Employee and
to Union, on Employee Authorization
The company shall provide for a chest X-ray annually for employees who volun­
tarily submit thereto.
The company shall provide for chest X-rays on a semiannual basis for employees
working in the Textile Division, Braiding Department, M.S.C. Mixing and Finishing
Department and Limpet Department wrho voluntarily submit thereto.
The employee shall be informed as to the negative or positive results o f the
X-ray. The union shall receive a copy o f all future X-ray reports direct from the
physician making same for all employees who so designate by signing authorization
slips.
174. Yearly Examinations Optional with Em ployees; Examination Compulsory
Under Specified Circumstances
Yearly physical examinations shall be optional with all employees having sen­
iority, except as hereinafter provided. Employees absent from the plant fo r one (1)
year or more, employees who take another job while laid off, and employees who
have had a major surgical operation shall be examined by the company physician
before returning to work.
175. Cost o f Preemployment Examination and First One Bequested Subsequently
Paid by Em ployer; Others, by Employee
The employer agrees to pay for any physical examination employer desires at
time o f employment. The employer is permitted to request an employee at any
time employer desires to furnish a health certificate signed by the company doctor
certifying that such employee is free o f all venereal or contagious diseases. The
employer will pay the physician’s fee for the first examination. I f the employee
is not able to successfully pass such an examination, he or she will be relieved
o f employment until such time as he or she can obtain such certificate. All physician’s
fees, except for the examination required at the time of employment and the first
one requested by the employer thereafter, will be paid by the employee.
176. Cost o f Preemployment Examination Paid by Em ployee; Others Bequired by
Company Paid fo r by I t
With the exception of the initial examination which is paid for by applicant for
employment, expenses o f all medical examinations required by the company and
made by the company’s physician shall be paid for by the company.
177. Examinations on Company Time, Whether During or A fter H ours; Time Lost
Credited fo r Premium Pay Purposes
The company will continue to make reasonable provisions for the safety and
health o f its employees. The employees shall submit to medical examination of
such nature and at such frequency as the company shall determine to be in the
best interest o f the health and well-being o f the employees. These examinations
shall be on the company’s time and without expense to the employees. In cases




SAFETY, HEALTH, AND SANITATION

37

where an employee is requested to report outside o f his regular working hours
for physical examination, he will be paid the actual time spent at the plant for that
purpose. In case an employee is called from his regular duties for physical exami­
nation, he shall lose no time for that purpose. All hours credited under this pro­
vision shall be credited to the employee for the purpose of calculating premium pay.
178. Flight Engineer Must Submit to Other Than Routine Examinations i f Com­
pany Deems I t Necessary
Except for routine pre-flight examinations, a flight engineer shall not be required
to submit to any company physical examinations in excess o f two in any 12-month
period without the flight engineer’s consent unless it is apparent that his health
or physical condition is seriously impaired, in which case the flight engineer shall
be furnished a copy o f the company’s medical examiner’s report.
179. Physical Examination as a Condition o f Employment N ot To Be Used as a
Means o f Discrimination
Physical examination, required as a condition o f or in employment, shall not
be used other than to determine the physical condition or to contribute to the
health and well-being o f the employee or employees. The retention or displacement
o f employees because o f physical conditions shall not be used for the purpose o f
effecting discrimination.
180. Health Certificate Required in Food Processing Plant. Disqualified Employee
May Return to Work Within Specified Time on Presentation o f Certificate.
Company Pays for Examination Requested
Employees, when requested by the company, shall submit to physical examina­
tions, and furnish the company with health certificate from a reputable practicing
physician. Failure to furnish certificate within ten (10) days after request shall
be grounds for lay-off without pay. Any employee found suffering from tuber­
culosis or any o f the common venereal diseases, such as gonorrhea and syphilis, or
any other contagious disease which, in the opinion o f the company, would make
the employee unfit to handle food commodities, shall be laid off without pay. How­
ever, in the event o f the lay-off o f any employee for any o f the above causes, i f
such employee shall report within a period o f six (6) months thereafter and
present a certificate of health by a reputable practicing physician showing fitness
for work and freedom from such communicable disease, there shall be no loss o f
seniority rights; but i f such employee shall, not report within said period, and
shall not present said certificate, such employee shall thereby lose his or her status
as an employee. In the event o f any employee’s physical or ocular examination
showing a satisfactory health certificate, the company agrees to pay for such
examination, provided that such examination has been requested by the company.
181. Health Certificate Required o f Service Employees in Logging Camp
All cookhouse employees and bed makers shall be required to have a health card
from a recognized hospital association or licensed physician.

Examinations After Illness, Lay-Off, or Other Leave
182. Examination Compulsory on Hiring and Termination; Optional with Company
on Leave, Lay-Off, or Rehire
Physical examinations, at company’s expense, will be required o f employees
when:




38

COLLECTIVE BARGAININ'G PROVISIONS
A.
B.
C.
D.

Hired.
Rehired, following leave or lay-off (at company’s discretion).
When granted leave or lay-off (at company’s discretion).
Terminated.

183. Examination Compulsory on Termination, Lay-Off, or Behire
Every employee laid off or leaving the company’s employ shall submit to a physi­
cal examination by a company doctor prior to the time he is removed from the
pay rolls. The same procedure will be followed before an employee is rehired.
Findings o f the company doctor as to the employee’s physical condition fo r a
particular job shall not impair an employee’s departmental or plant seniority rights
fo r other jobs for which he is physically fit.
184. Belease from Company Physician A fte r Illness or Injury
Employees who have been absent from duty because o f sickness or injury may be
required to obtain a release from the company physician before returning to work.
185.

No Examination A fte r Lay-Off o f Less Than 90 Days

Employees who are recalled from lay-off within ninety (90) calendar days from
the date they were laid off, shall not be given a physical examination by the
employer at the time o f their recall to work.
186. Certificate o f Fitness or Physical Examination Bequired A fte r Side Leave
or in Ca^es o f Constantly Becurring Absence
In the case o f employees being absent from work due to illness or physical
impairment they shall be readmitted to work upon the presentation o f a certificate
o f physical fitness, signed by an accredited physician. This rule, however, shall
not limit the right o f the employer to require physical examination by a physician
in the employer’s service in exceptional cases or in cases o f constantly recurring
absence from duty.
187. Belease from Company Physician Bequired A fte r Absence Due to Illness or
Injury. Failure To Beturn to Work A fter Belease Besults in Termination o f
Employment
Employees who have been absent from duty because o f sickness or injury may
be required to obtain a release from the company physician before returning to
work.
Following an employee’s absence due to sickness or injury, upon being approved
by the company physician as fit for his regular job, failure o f such employee to
resume work immediately shall be interpreted as his intent to quit, and he will
be removed from the pay roll.

Appeal Procedure
188. Disputes Over Physical Fitness Settled by Board o f Three Physicians
In case a dispute arises over the physical fitness o f an employee to return to work
or continue to work, a board o f three (3) physicians shall be selected, one by the
employer, one by the employee, and one selected by the two so named. The decision
o f the majority o f the board shall be final, but no liability on the part o f the
employer shall be incurred as to back pay antedating the decision o f such board.




SAFETY, HEALTH, AND SANITATION

39

However, in cases where it is proved that an employee has suffered loss o f pay by
reason o f lay-off due to the employer's error the employer will consider reimburse­
ment o f such employee for time lost.
189. Disqualified Em ployee’s Physician May Make Further Examination. I f Both
Doctors Disagree, a Third Doctor To Arbitrate— Expense o f Third Shared
Equally by Company and Employee
An employee hereunder who fails to pass a company physical examination may,
at his option, have a review o f his case in the following manner:
(a) He may employ a qualified medical examiner o f his own choosing at his
own expense for the purpose o f conducting a further physical examination for
the same purpose as the physical examination made by the medical examiner em­
ployed by the company.
(b ) A copy o f the findings o f the medical examiner chosen by the employee
shall be furnished to the company, and in the event that such findings verify the
findings o f the medical examiner employed by the company, no further medical
review of the case shall be afforded.
(c) In the event that the findings o f the medical examiner chosen by the em­
ployee shall disagree with the findings o f the medical examiner employed by the
company, the company will, at the written request o f the employee, ask that the
two medical examiners agree upon and appoint a third qualified and disinterested
medical examiner for the purpose o f making a further physical examination o f the
employee, and the findings o f such third medical examiner shall determine the
disposition o f the case. The expense of the employment o f such third medical
examiner shall be borne one-half by the employee and one-half by the company.
190. I f Company’s and Em ployee’s Physicians Unable To A gree, the First Two
Select a Third Physician, Whose Decision Is Final— Company Pays for Third
Physician
I f an employee is unwilling or refuses to accept the physician's verdict o f any
physical examination, provided for in section . . . o f this article, he may select
and be examined by any reputable physician and present to the company a cer­
tificate attesting to the results thereof; this examination to be paid for by the
employee. In the event the decision of the employee's physician is contrary to that
o f the physician representing the company, an examination may be made by a
third physician selected by the two physicians (provided such third physician is a
member in good standing o f the American Medical Association) whose findings
and opinion shall be final and binding upon the company and the employee. The
company will pay for the examination by the third physician.
191. On Appeal, Company Pays Em ployee’s and Neutral Physician if Its D octor’s
Deport Is Incorrect; Employee Pays Own Doctor, i f Incorrect. Time Lost
Paid by Company Only i f Company Wrong
Operators may be required from time to time to submit to any physical, medical,
or other examination or reexamination required by the company regulations or by
a regulatory body, but they will not be required to bear the expense o f any such
examination or reexamination. They will be given an opportunity to take such
examination without loss o f time. The examining physician will be selected by the
company. Operators will be furnished a copy o f the examiner's report. I f an operator
is dissatisfied with the examination as reported by the company's physician, he
shall have the right to employ an outside physician o f his own choice and at his




40

COLLECTIVE BARGAINING PROVISIONS

own expense. I f the two physicians are unable to agree, they shall call in a third
disinterested physician and all parties involved shall be governed by the decision
o f the physician so called in. In the event the company’s physician’s report is
found to be incorrect, the company will pay all of the expense o f such examination,
including the employee’s physician and the third physician. I f the employee is
wrong, employee will pay his own physician. Any loss o f time suffered by the
employee under this rule will be paid by the company only in case the company
is wrong. An employee held from service because o f physical disability will be
returned to his proper place as soon as his physical condition permits.
192. Appeal to Public Health Physician; Decision Binding
In the event any decision o f the company physician is challenged by the union,
as to the physical fitness o f a union member, said member shall be reexamined by
a Public Health physician and his decision shall be binding.
193. Annual Physical Examination as a Condition o f Employment— Disqualification
Subject to Begular Grievance Procedure
Employees in the service will undergo a physical examination in accordance with
the rules o f the company each year, the expenses o f such examination to be paid
for by the company. Employees found not to be physically qualified may be removed
from the service, providing that such cases shall be handled by the representatives
o f the [union] with representatives o f the company, and on appeal in the regular
order o f succession established by this agreement. The employees shall be entitled
to reexamination by the chief surgeon.
194. I f Further Examination Proves Disqualified Em ployee’s Condition Can Be
Corrected by Treatment, He May Besume WorJc i f Physical Condition Permits
Members failing to pass medical examination by competent medical authority
approved by the company may be disqualified for service unless within 10 days after
such examination request is made by the member for further examination by two
physicians, one o f whom is to be selected by the member or his representative and
the other by the company. I f, after the examination, any disqualifications are
found and subsequent condition or conditions can, in the judgment of the examining
physicians be corrected by treatment, the member may, i f his physical condition
otherwise permits, continue in the service. I f able to work, he will be permitted
to resume his employment upon certification by the attending physicians. In the
event o f disagreement between two physicians, they shall select a third physician
and the majority shall rule. The third physician will be paid by employer and
member.
195. Company D octor’s Beport Available to Em ployee’s Doctor on Joint Written
Bequest
Whenever a physical examination or laboratory test has been made by physicians
acting for the company a report thereof will be given the personal physician o f the
employee involved upon the joint written request o f such employee and his personal
physician.




Index
General clauses:
Clause
Page
(1 ) Reasonable provisions for safety and health; problems subject to
grievance procedure ..............................................................................

3

(2 ) Reasonable safety equipment, proper heating and ventilating sys­
tems p r o v id e d ...........................................................................................

3

(3 ) Employer compliance with fire prevention and safety laws...............

3

(4 ) Health and sanitary conditions to comply with State and Federal
laws ...........................................................................................................

3

(5 ) Compliance with regulations of State and Federal labor depart­
ments. Grievances on noncompliance channelled through safety
committee .................................................................................................

3

(6) Joint cooperation on safety education program.................................

3

(7 ) Safety meetings, open to all workers, to be continued...................

4

(8) Employee participation in fire and safety drills required, at com­
pany expense ...........................................................................................

4

(9) Union to encourage cooperation in safety measures.........................

4

(10) Union stewards to assist in enforcing safety...................................

4

(11) Union pledges compliance with safety rules and use o f safety
equipment by employees........................................................................

4

(12) Signed safety pledge as condition o f employment.............................

4

(13) Safety suggestions ..................................................................................

4

(14) Disregard o f employee’s safety suggestion and continuance o f
unsafe condition covered by suggestion handled through grievance
procedure ...................................................................................................

4

Specific safety provisions:
Safety rules:
(15) Employer to post new safety rules and furnish copy to u n ion .. . .

5

(16) Distribution of safety manual to employees.....................................

5

(17) Safety rules posted and subject to grievance procedure.................

5

(18) Safety and health rules discussed with shop committee...................

5

(19) New safety and sanitation rules by mutual agreement...................

5

(20) Union cooperation in making safety rules and practices effective..

5

(21) Employees to comply with listed safety rules.....................................

5

(22) Repeated violations o f safety rules cause for discharge...................

6

Safety committees:
(23) Union-management safety committee for
monthly meetings ..................

advisory purposes—
6

(24) Union-management safety committee to enforce State and munici­
pal regulations and investigate unsafe conditions...........................

6

(25) Joint safety committees to emphasize safety education and acci­
dent prevention as part o f accident prevention program.................

7




41

INDEX

42

Page

Clause

(26) Union-management safety committee: statement o f duties; chair­
manship; grievances ..............................................................................
(27) Safety committee as part o f joint labor-management committee..
mittees ............................................................................................................

7
7
8

(28) Association agreement— joint industry-wide and plant health com­
mittees ..............................................................................................................
(29) Union safety committee to inspect equipment— disputes to State
labor department. No loss o f pay for time spent...............................

8
8

(30) Union and company safety committees to meet periodically to re­
view accidents and to consider union recommendations and sugges­
tions on safety rules......................................................................................

8

(31) Union safety committee and subcommitteemen — committee may
conduct investigations with safety engineer...........................................

8

(32) Union safety committee to make semimonthly inspection on com­
pany time; monthly meeting with general safety committee........

8

(33) Employee safety committees; one member to be union mem ber.. .

9

(34) Union president named union plant safety officer. Definition o f
functions .......................................................................................... . . . .

9

(35) Safety and sanitation committee not to include representatives
o f either party engaging in collective bargaining................................

9

(36) Committee majority may order employees off extra-hazardous job s;
disputes submitted to arbitration by safety and health specialist

9

(37) Committee member may stop or shut down hazardous jo b ; dispute
settled at once by majority vote of entire committee.....................

9

(38) Union safety committee paid by union. Employer to comply with
committee recommendation to remove workers from unsafe area.
Committee members subject to removal for arbitrary acts.............
(39) Committee members paid for 1 hour per month on safety meetings

10
10

(40) Union observer permitted at meetings o f accident investigation
committee .....................................................................................................

10

Safety inspections by company:
(41) Periodic safety inspection by first-aid representative...........................
(42) Continuous inspection by company representative; special inspec­
tion on request o f union or worker using equipment.......................
(43) Safety engineer on premises.....................................................

11
11

11

Protection o f employees in hazardous occupations:
(44) Employer to supply safety devices required by law .........................

12

(45) Employer to install equipment approved by Federal and State
agencies .............................................................

12

(46) Necessary protection equipment provided andtested periodically.

12

(47) Company to install safety devices mutually agreed upon with union

12

(48) Special protective equipment and clothing furnished. Initial cost
of safety glasses shared by company and employee; replacement
cost, by company.....................................................................
12




INDEX
Clause

43
p^gg

(49) Specific personal safety equipment provided....................................

12

(50) Specific personal and machine protective equipment p r o v id e d ....

13

(51) Specific safety equipment furnished at company’s expense...........

13

(52) Specific safety equipment provided; worn-out equipment replaced

13

(53) Employer to furnish protective apparel or compensate for damaged
clothing i f noprotectiveapparel furnished........................................

13

(54) Employer to make every effort to control dust hazard.....................

14

(55) Employer’s association to provide equipment used in treatment o f
silicosis .....................................................................................................

14

(56) Employer to furnish milk daily to maintain health...........................

14

(57) Charge for loss or willful destruction o f safety equipment..........

14

(58) Employee charged for equipment not returned to company, on
quitting .....................................................................................................

14

(59) Employee use o f safety devices mandatory.........................................

14

( 6 ,) Safety equipment provided; employee’s failure to use equipment
may result in discharge..........................................................................

14

(61) Discipline for failure to use protective devices and equipment.. .

14

(62) Daily allowance for safety shoes withdrawn i f unannounced inspec­
tion shows failure to wear shoes.........................................................

15

(63) Company compensation for accidents denied employees who refuse
to use. protective equipment..................................................................

15

(64) Union may contribute suggestions for safety devices.......................

15

(65) Hazardous jobs— company to provide adequate number o f experi­
enced w orkm en .........................................................................................

15

(66) Reasonable rest periods during hazardous or fatiguing work.......

15

(67) Twenty-minute paid wash-up time to employees on toxic opera­
tions ; lesser time allowances to employees on other operations. . .

15

(68) Work prohibited during inclement weather except in em ergency..

16

(69) Work prohibited during inclement or below zero weather except
to protect life or property or to maintain service to public...........

16

(70) Employer to furnish protective gear during inclement w eath er...

16

(71) Employee constituting safety or health hazard to other employees
not allowed to work with them. Company right to examine such
employees .................................................................................................

16

Work under unsafe conditions:
(72) No employee knowingly permitted to work on job detrimental to
health .........................................................................................................

16

(73) Employee not required to work under conditions contrary to com­
pany, safety committee,or State safety code.....................................

17

(74) No work permitted under substandard conditions or in violation
o f city or State agencies........................................................................

17

(75) No employee required to work on unsafe equipment and without
specific safety gear. Use o f safety devices, furnished by employees,
mandatory .................................................................................................

17




44

INDEX
Clause

Page

(76) No employee required to drive trucks not equipped with safety
appliances ................................................................................................

17

(77) Prompt union-management conference to settle employee refusal
to work under unsafe conditions...........................................................

17

(78) No discharge for refusal to work on 1‘ unsafe ’ ’ job pending deter­
mination by safety or medical director. Employee given available
work elsewhere or sent home without pay i f work unavailable.. .

17

(79) Management decision final on safety of jo b ; decision accelerated.

18

(80) Employee claiming unsafe job may file grievance or request
transfer pending settlement..................................................................

18

Safety to public:
(81) Shop sanitary conditions to comply with pure food laws................

18

(82) Employer to comply with city and State sanitary laws....................

18

(83) Employees must maintain personal cleanliness.................................

18

(84) Penalty by union or dismissal by employer for failure to main­
tain personal cleanliness........................................................................

19

(85) Discharge for noncompliance with health standards.........................

19

(86) Ban on employees with contagious disease; employer or union
may require doctor’s certificate............................................................

19

(87) All trucks equipped with safety appliances.......................................

19

(88) Equipment to conform to applicable regulations.............................

19

(89) All trucks and vehicles must be insured..............................................

19

Accidents and first aid:
(90) Adequate first-aid equipment accessible and available at all times.
(91) Employees required to know or learn first a id ...................................

20
20

(92) Designated person in charge o f first-aid k it.....................................

20

(93) First-aid and ambulance service provided on all shifts...................

20

(94) Specified first-aid equipment in chemical plant...............................

20

(95) Company to maintain first-aid room with competent person in
attendance ...............................................................................................

21

(96) Nurses or first-aid staff to be available; competent medical service
provided for accidents on company property.....................................

21

(97) Company to maintain medical department..........................................

21

(98) Provision fo r medical aid......................................................................

21

(99) Doctor or nurse in attendance during working hours; ambulance
maintained ...............................................................................................

21

(100) First-aid attendant on duty so long as production departments
operate .......................................................................................................

21

(101) First-aid personnel available provided minimum number o f em­
ployees at work.........................................................................................

21

(102) First-aid room and equipment to be furnished in plants employ­
ing more than 25 workers......................................................................
(103) Company to try to have trained first-aid men in everydepartment.
(104) Company’s first-aid doctor on 24-hour call.........................................




21
22
22

INDEX
Clause

45
Page

(105) All accidents to be reported to foreman or overseer.......................

22

(106) All injuries to be reported to first-aid department during day
shift; to foreman, during night sh ift..................................................

22

(107) Accident form must be filled out after first-aid is given.................

22

(108) 111 employee must report illness to supervisor before going to
first-aid room .....................................................................

22

(109) Company to furnish transportation to employee injured at work;
no pay loss.................................................................................................

22

(110) No discrimination against employees for filing claim before State
industrial accident commission..............................................................

22

(111) Employee complaints over company hospital or doctors subject
to grievance procedure................

23

(112) Employee dissatisfied with company doctor’s treatment may select
own doctor at company expense, provided cost does not exceed
that paid to company doctor..................................................................

23

Sanitary conditions:
(113) Employer to maintain sanitary conditions.........................................

24

(114) Specific sanitary facilities provided and maintained.......................

24

(115) Sanitary facilities, including adequate rest rooms, provided...........

24

(116) Drinking, eating, washroom facilities furnished.............................

24

(117) Specific sanitary facilities furnished, including showers.................

24

(118) Fifteen minute wash-up time allowance to employees handling
coal and other dirty work........................................................................

24

(119) Company to furnish soap and allow 30 minutes per week for wash­
ing clothes on company time..................................................................

24

(120) Drinking water during summer months................................................

24

(121) Sanitary standards for living quarters and fo o d ................................

25

(122) Employer to install necessary heating andventilating systems.. .

25

(123) Company to comply with State hygiene department’s ruling on
additional heating or ventilating systems.........................................

25

(124) Minimum temperature in work places specified.................................

26

(125) Window screening in departments working nights, except those in
which humidity is regulated..................................................................

26

(126) Company and employee cooperation in maintaining sanitary con­
ditions .......................................................................................................

26

(127) Union committee to assist on sanitation and other problems —
food product plant.............................................................................

26

(128) Access to plant by union representative to check sanitation, fire
prevention, and safety..........................

26

Shift in temperature conditions:
(129) Shift from warm to cold temperature— employee given sufficient
time to change clothes............................................................................

26

(130) Shift from warm to cool departments— notice to employee on
previous working day..............................................................................

26




46

INDEX
Clause

Page

(131) Employees shifted from hot to cold work given time to cool o f f . .

27

(132) Secret ballot, under joint supervision, on whether kiln is too hot
to be worked.............................................................................................

27

(133) Employees not required to work in unreasonably hot work place.

27

Smoking provisions and regulations:
(134) Smoking in nonrestricted areas to be negotiated...............................

27

(135) Ninety-day trial period for smoking, subject to company rules..

27

(136) Flat prohibition o f smoking in plant................................................

28

(137) Smoking banned in specified departments, places, or on certain
jobs, but permitted during lunch periods. Company right to add
to list o f places where smoking is banned.........................................

28

(138) Discharge fo r smoking while on duty or in prohibited a r e a s ....

28

(139) No smoking in designated areas; discharge for violation; union
cooperation pledged ..............................................................................

28

(140) Graduated penalties for smoking in prohibited areas.......................

28

(141) Smoking allowed in present smoking areas and in other areas
determined by management....................................................................

28

(142) Ten-minute paid smoking allowance per half-shift, plus 5 minutes’
travel time to and from approved smoking area; privilege with­
drawn after notice to union, i f abused...............................................

29

(143) Employees allowed one 10-minute maximum smoking period for
each 6 hours worked................................................................................

29

(144) Smoking permitted in “ smoking area” by no more than 5 em­
ployees at any one time..........................................................................

29

Eating facilities:
(145) Clean and sanitary lunch places furnished by company.................

29

(146) Present catering service maintained as long as conditions permit.

30

(147) Hot foods to be furnished in plant cafeteria.....................................

30

Workmen’s compensation:
(148) Employer to carry workmen’s compensation insurance...................

30

(149) Eefusal to provide workmen’s compensation protection deemed
agreement v io la tio n ................................................................................

30

(150) Employer to carry workmen’s compensation insurance; no selfinsurance ...................................................................................................

30

(151) Employer to carry workmen’s compensation insurance and file
information with union..........................................................................

31

(152) Employer to notify union committee o f disposition o f workmen’s
compensation cases .................................................................................

31

(153) Pieceworkers to be covered by workmen’scompensation.....................

31

(154) Employee paid fo r any timelost on day o f in ju ry.........................

31

(155) Employee paid difference between workmen’s compensation and
wages for 2 weeks, after which union and company negotiate
further pay benefits.................................................................................

31




INDEX
Clause

47
Page

(156) Employee paid for 56-hour period i f eligible for State compensa­
tion ...........................................................................................................

31

(157) Accident compensation— employee paid for first 3 days provided
absent 10 days and no Statecompensation pay received..................

31

(158) Accident compensation— paid regular wages until compensation
benefits start, provided have 1 year’s service. Seniority rights
protected for 1 year; joint decision on disability cases over 1 year

32

(159) Accident compensation— all medical and hospital expenses paid
by com pa n y...............................................................................................

32

(160) Occupational disease: employer to furnish physician’s treatment
and surgical, hospital, and nurses services and supplies up to 90
days ...........................................................................................................

32

Physical examinations:
Preemployment and periodic examinations:
(161) No physical examination except as required by law .........................

34

(162) Employer right to require physical examinations and set reason­
able health standards..............................................................................

34

(163) Preemployment and periodic examinations by company doctor-----

34

(164) Preemployment examination by company doctor; subsequent ex­
aminations by employee’s doctor..........................................................

34

(165) Semiannual examinations o f employees in specified hazardous
occupations ...............................................................................

34

(166) Eye examinations required periodically— certificate o f fitness a
condition o f employment........................................................................

34

(167) Frequency o f periodic examinations geared to age o f employees..

34

(168) Union and company physicians determine frequency o f periodic
examinations and X-rays, with cost borne by company.................

35

(169) Company right to determine physical fitness at any time with
option to find other work or to dismiss employees physically im­
paired .........................................................................................................

35

(170) Company right to transfer employee, based on physical exami­
nation ...................................................

35

(171) Examinations not to affect worker’s employment status, subject
to lay-off in case o f communicable disease.........................................

35

(172) Employee may request yearly check-up by company doctor.............

35

(173) Chest X-rays provided periodically on request. Results given em­
ployee and to union, on employee authorization...............................

36

(174) Yearly examinations optional with employees; examination com­
pulsory under specified circumstances..................................................

36

(175) Cost o f preemployment examination and first one requested sub­
sequently paid by employer; others, by employee...........................

36

(176) Cost o f preemployment examination paid by employee; others re­
quired by company paid for by i t ........................................................

36

(177) Examinations on company time, whether during or after hours;
time lost credited for premium pay purposes...................................

36




48

INDEX
Page

Clause

(178) Flight engineer must submit to other than routine examinations if
company deems it necessary..................................................................

37

(179) Physical examination as a condition of employment not to be used
as a means o f discrimination................................................................

37

(180) Health certificate required in food processing plant. Disqualified
employee may return to work within specified time on presentation
o f certificate. Company pays for examination requested..............

37

(181) Health certificate required o f service employees in logging camp.

37

Examinations after illness, lay-off, or other leave:
(182) Examination compulsory on hiring and termination; optional with
company on leave, lay-off, or rehire....................................................

37

(183) Examination compulsory on termination, lay-off, or rehire.............

38

(184) Release from company physician after illness or injury.................

38

(185) No examination after lay-off o f less than 90 days...........................

38

(186) Certificate o f fitness or physical examination required after sick
leave or in cases o f constantly recurring absence.............................

38

(187) Release from company physician required after absence due to
illness or injury. Failure to return to wrork after release results in
termination of employment....................................................................

38

Appeal procedure:
(188) Disputes over physical fitness settled by board o f three physicians

38

(189) Disqualified employee’s physician may make further examination.
I f both doctors disagree, a third doctor to arbitrate— expense o f
third shared equally by company and employee...............................

39

(190) I f company’ s and employee’s physicians unable to agree, the first
two select a third physician, whose decision is final— company
pays for third physician........................................................................

39

(191) On appeal, company pays employee’s and neutral physician i f its
doctor’s report is incorrect; employee pays own doctor, if incor­
rect. Time lost paid by company only i f company wrong.............

39

(192) Appeal to public health physician; decision binding.......................

40

(193) Annual physical examination as a condition o f employment— dis­
qualification subject to regular grievance procedure.........................

40

(194) I f further examination proves disqualified employee’s condition
can be corrected by treatment, he may resume work if physical
condition permits .....................................................................................

40

(195) Company doctor’s report available to employee’s doctor on joint
written req u est.........................................................................................

40




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U S. GOVERNMENT PRINTING OFFICE: 1949-840008