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C O LLEC TIVE B A R G A IN IN G P R O V ISIO N S
Union and Management Functions
Rights and Responsibilities
Bulletin N o. 908-12
UNITED STATES DEPARTMENT OF LABOR
M a u r ic e
J. T o b i n , S ecretary
BUREAU OF LABOR STATISTICS
E w a n Clag u e,
C om m issioner
For sale by the Superintendent o f Documents, U. S. Government Printing Office
Washington 25, D. C. - Price 20 cents
Letter o f Transmittal
U nited States D epartment op L abor,
B ureau of L abor Statistics ,
Washington D. 0 ., June 14, 1949 .
The Secretary op L abor :
I have the honor to transmit herewith the twelfth bulletin in the series on
collective bargaining provisions. The bulletin consists of two chapters: (1)
Management Functions, and (2) Union Functions, Rights, and Responsibilities,
and is based on an examination of collective bargaining agreements on file in the
Bureau. Both chapters were prepared by Abraham Weiss of the Bureau's
Division of Industrial Relations. Eleanor R. Lehrer assisted in the preparation
o f the second chapter.
E w an Claque, Commissioner.
Hon. M aurice J. T obin,
Secretary of Labor.
a
Preface
A s early as 1902 the Bureau o f Labor Statistics, then the Bureau o f
L abor in the Departm ent o f the Interior, recognized the grow ing
importance o f collective bargaining, and published verbatim the
bitum inous coal m ining agreement o f 1902 between the Association
o f Coal M ine Operators o f Pennsylvania, O hio, Indiana, and Illin ois
and the respective districts o f the U nited M ine W orkers o f Am erica.
Since 1912 the Bureau has made a system atic effort to collect agree
ments between labor and management in the leading industries and
has from tim e to tim e published some o f those agreements in fu ll or
in summary form in the M onthly Labor Review.
The first bulletin entirely devoted to collective bargaining agree
ments was published in 1925 under the title “ Trade Agreem ents in
1923 and 1924.” Sim ilar annual bulletins were published in 1926,
1927, and 1928. These bulletins analyzed only outstanding agree
ments affecting certain industries and certain skilled crafts in which
collective bargaining has follow ed a more or less established pattern.
N o bulletins in this field were published by the Bureau between 1928
and 1942— a period during which collective bargaining first lost
ground in the depression and then made rapid strides follow ing the
enactment o f the N ational Labor Relations A c t in 1935. The growth
in trade-union membership from few er than 4,000,000 workers in 1935
to more than 10,000,000 in 1942 not only resulted in a large increase in
the number o f collective agreements covering industries hitherto not
included under collective bargaining, but also extended the scope and
area o f bargaining in individual industries. In recognition o f this
development, the Bureau’s 1942 report on union agreements (B ulletin
N o. 686) dealt w ith provisions and clauses on particular labormanagement problems rather than with the agreements o f each union
or industry separately.
T he substance and character o f collective bargaining agreements
change continuously, and m any o f the clauses and provisions covered
in B ulletin N o. 686 underwent significant changes during the war
emergency, as a result not only o f the norm al processes o f collective
bargaining but o f the decisions o f the N ational W a r Labor Board.
New problems meant new clauses and new provisions.
T he Board also
gave added impetus to certain form s o f union security, and to certain
practices now deeply imbedded in the entire field o f labor-m anagem ent
relations.
m
IV
PREFACE
T he liquidation o f the B oard, and the renewal o f emphasis on free
collective bargaining after V J -d a y , led to a tremendous increase in
the demand fo r inform ation on specific current provisions in agree
m ents. U rgent requests came from employers and unions, from the
U nited States Conciliation Service, and from m ediators and arbitra
tors engaged in settling or preventing labor-m anagem ent disputes. I t
was largely in response to these requests that the Bureau o f Labor
Statistics undertook to revise and bring up to date the m aterial on
union agreements.
In this revision two significant departures have been m ade: (1 )
Accum ulation o f data has made possible the use o f a larger sam ple
than was possible heretofore.
(2 ) The inform ation w ill be presented
in a series o f sm all bulletins, each stressing a m ajor area or significant
problem o f collective bargaining. T his w ill perm it the m aterial fo r
each m ajor problem to be published as rapidly as finished w ithout
w aiting until all o f the subjects o f collective bargaining are analyzed.
I t w ill have the advantage o f greater flexibility in handling specific
requests fo r m aterial from employers, unions, and the* public.
Some
clauses are more or less stable and undergo relatively m inor changes
even over a considerable period o f tim e and therefore need only occa
sional revision, whereas others undergo rather rapid change. A lso ,
as new issues develop it- w ill be possible to add new bulletins to the
series without revising those already published.
The clauses used are designed to facilitate, but not to condition, the
bargaining process. N o special attem pt has been made to determine
the prevailing industry practice or the most frequently used pro
visions. The clauses are presented, not as models but as a source o f
reference fo r those who participate in collective bargaining negotia
tions, by m aking available to them a wide variety o f provisions on the
specific subjects under consideration. A n index o f all the contract
clauses quoted, w ith a brief description o f each clause, is appended to
each report.
T h is report, dealing w ith union and management functions, rights,
and responsibilities, is the tw elfth in this Collective B argaining P ro
visions series.
T he bulletins already published are as fo llo w s:
N o. 908
U nion Security Provisions.
N o . 9 0 8 -2
V acation s; H olidays and W eek-E n d W o rk .
N o . 9 0 8 -3
Incentive W age P rovision s; Tim e Studies and Stand
ards o f Production.
N o . 9 0 8 -4
Apprentices and Learners.
N o. 9 0 8 -5
D ischarge, D iscipline, and Q u its; D ism issal P ay
Provisions.
N o. 9 0 8 -6
Leave o f Absence; M ilitary Service Leave.
PREFACE
N o. 9 0 8 -7
Prom otion, T ransfer, and A ssign m en t;
W ork-Sh arin g, and Reem ploym ent.
y
L a y -O ff,
N o. 9 0 8 -8 General W age Provisions.
N o. 9 0 8 -9 W age Adjustm ent Plans.
N o. 9 0 8-10 U nion-M anagem ent Cooperation, P lan t Efficiency,
and Technological Change. *
N o. 908-11
Seniority.
Contents
Ch apter
1 .— M a n a g e m e n t F u n c t i o n s
Page
Introduction___________________________________________________________
General management rights clauses: Clauses 1 -4________________________
Enumeration of exclusive management rights: Clauses 5-10_________
Management rights subject to agreement provisions: Clauses 11-16_
Management rights subject to grievance procedure or negotiation:
Clauses 17-23___________________________________________________
Management rights not to be used for discrimination or to affect
employees adversely: Clauses 24-28______________________ ________
Saving clause: Clauses 29-30______________________________________
Piant rules_____________________________________________________________
Establishment and revision of rules: Clauses 31-44-------------------------Informing employees of rules: Clauses 45-49_______________________
Enforcement of rules: Clauses 50-61_______________________________
Changes in plant site or location of employment________________________
Restriction on removal of plant: Clauses 62-69_____________________
Removal of plant site allowed: Clauses 70-78______________________
Contracting and subcontracting: Clauses 79-90_________________________
Conditions under which contracting is permitted:
Full use of space, equipment, and workers: Clauses 91-97______
Contractor’s relations with union: Clauses 98-104______________
Maintenance of agreement and wage standards: Clauses 105-110Registration of contractors: Clauses 111-116_______________________
Regulations in clothing industry: Clause 117_______________________
Other clauses: Clauses 118-119____________________________________
1
3
4
5
7
9
10
11
11
13
14
17
18
19
20
22
23
25
27
28
30
C h a p t e r 2 .— U n i o n F u n c t i o n s , R i g h t s , a n d R e s p o n s i b i l i t i e s
Introduction___________________________________________________________
Scope of union activities on company time and premises: Clauses 1-20___
Visits by union representatives: Clauses 21-48__________________________
Access to company records: Clauses 49-63______________________________
Bulletin boards________________________________________________________
Number and location: Clauses 64-70_______________________________
Approval of notices: Clauses 71-78------------------------------------------------Content of notices: Clauses 79-88___________________ ______________
Other clauses: Clauses 89-93_____
Union label and shop card: Clauses 94-102-------------------------------------------Pledges against discrimination and coercion: Clauses 103-121----------------Index__________________________________________________________________
VII
31
32
35
41
44
45
46
47
48
49
51
55
B ulletin T^o. 908-12 o f the
U nited States Bureau o f Labor Statistics
Collective Bargaining Provisions
Union and Management Functions, Rights, and
Responsibilities
C h a p t e r 1 .— M a n a g e m e n t F u n c t io n s
Introduction
W here no union exists and there is no collective bargaining, man
agement alone determines its actions affecting employees, subject only
to State or Federal restrictions.
W ith the growth o f unions, and the
widening o f the scope o f collective bargaining, many o f the traditional
“ prerogatives” o f management to direct and operate its business have
come to be regarded as subject to negotiation between unions and
management and thus removed from management’s sole discretion
and control. Management prerogatives at any particular tim e and
in any particular collective bargaining situation, therefore, seem to
depend upon the degree o f join t confidence and the fields recognized
as w ithin the scope o f collective bargaining.
Spokesmen fo r management at the President’s N ational LaborManagement Conference in November 1945 classified management
functions in two grou p s: ( a ) Those which are the absolute preroga
tives o f management and are not subject to collective bargain in g; and
(b ) those on which management makes in itial decision but where the
consequence o f such actions or decisions m ay be reviewed through the
grievance procedure.
Labor members o f the N ational Labor-M anagem ent Conference
opposed any listin g o f management functions on the ground that this
would tend to encourage a rigid ity in the industrial relations matters
subject to collective bargaining. The labor members also pointed
out that w ith the grow th o f mutual understanding, a responsibility
o f one o f the parties could w ell become the join t responsibility o f both
parties.
829682°— 49------2
1
2
COLLECTIVE BARGAINING PROVISIONS
The authority o f management in the field o f industrial relations
is to some extent lim ited by various laws and regulations, such as the
Labor M anagement Relations A c t o f 1947 and the F air Labor Stand
ards A ct. In addition, adoption o f the collective bargaining agree
ment constitutes a curb on management’s au th ority; fo r exam ple, not
to discrim inate against union members, to pay certain wages, and to
have certain management decisions and actions subject to review by
a grievance procedure.
Some employers believe that a clear demarcation o f collective bar
gaining and management rights is necessary in order to prevent one
from im pinging on the other. F or this reason, they favor the in
clusion in agreements o f statements on the powers reserved to man
agement. Because an agreement restricts management functions,
they deem it essential to specify those matters which are not lim ited
by agreement and which are necessarily and essentially reserved fo r
management’s exclusive authority.
In the opinion o f these em ploy
ers, such express statements tend to reduce the area o f possible con
flict and protect management’s rights in the disposition o f grievances
over disputable issues and in arbitration on m atters not specifically
covered by agreement.
Other employers hold contrary views on the advisibility o f listin g
specific management rights in their agreement w ith the union. T hey
fear that such a statement because o f its possible incompleteness m ay
jeopardize functions which management regards as its prerogatives.
In other words, specific enumeration o f management rights m ight be
interpreted as lim itin g management to those enumerated in the agree
m ent.
Som e management prerogative clauses in agreements are detailed
and list the specific rights reserved to m anagem ent; others state
broadly that management reserves to itself all rights, powers, and
authority not expressly modified or abrogated in the agreement,
without specifying these rights. In those agreements which explic
itly state management rights, two broad categories are usually in
clu ded: (1 ) Decisions dealing w ith the tangible aspects o f the busi
ness— such as the determination o f the number and location o f plants,
the type o f products to be made, technological methods and processes,
m aterials, finance and price policies, business practices, e tc .; and (2 )
decisions in the field o f employer-employee relationship— such as the
direction o f the w orking forces, hiring, transfer, prom otion, suspen
sion or discharge fo r cause, lay-off for lack o f w ork, maintenance o f
discipline, etc.
In analyzing management prerogatives, clauses on this subject must
be considered in conjunction with other provisions in the same agree
MANAGEMENT FUNCTIONS
3
ment which m ay affirm or m od ify management’s stipulated discre
tionary powers. Frequently, clauses governing management’s rights
appear throughout the contract: the extent o f discretionary powers
is stated with respect to specific actions and situations, such as trans
fers, prom otions, demotions, discipline, and schedule o f production;
a general listin g o f management rights is not included. I t is, there
fore, necessary to examine the whole agreement to determine what
functions norm ally exercised by management have been modified or
relinquished.
T he establishment o f plant rules is a management function to
which many agreements make some reference. Changes in the pro
duction process, the physical lay-out o f the plant, or em ployer-em
ployee relations require some flexibility in plant rules.
M ost con
tracts merely affirm the em ployer’s right to establish, revise, and en
force such rules, rather than incorporate a detailed listin g o f rules
in the contract. M any agreements either explicitly or im plicitly state
the general principle that company rules must not conflict with the
terms o f the collective bargaining agreement.
Selection o f plant sites is usually considered a management func
tion, but in some industries the union m ay feel that lower wages and
working conditions in a nonunion area w ill tem pt the employer to
move his plant.
Some agreements, therefore, prohibit rem oval o f
the plant to another location or require the prior consent o f the union.
In other cases, rem oval o f the plant is perm itted but certain safeguards
fo r the employees are established. F or exam ple, the em ployer may be
required to offer present employees jobs at the new location, and per
haps even pay their m oving expenses.
A nother special aspect o f management functions is the contracting
o f work. T he em ployer’s plant m ay not be equipped to perform cer
tain phases o f the operation in which he is engaged; his facilities m ay
be overburdened during peak seasons; or fo r other reasons he m ay
find it more economical to contract some o f his work to other firms.
T he employees, on the other hand, often feel that contracting work
out decreases their opportunities for steady em ploym ent and under
mines their working standards. M any agreements, therefore, regu
late the conditions under which contracting is perm itted, and a few
prohibit the practice entirely.
General Management Rights Clauses
Some agreements contain clauses which set forth in very general
terms the rights reserved fo r management, such as the “management
and operation” o f the plants, or the “ regular or custom ary” functions
o f management, without specifying in detail what these rights are.
4
COLLECTIVE BARGAINING PROVISIONS
1. Management and Operation Vested Solely in the Company
The union recognizes that the management and operation of the company’s
business is vested solely in the company.
2. Company Reserves “ Customary and Usual Rights, Powers, Functionst and
Authority of Management” Except as Abridged or Modified by Agreement
It is understood and agreed that the company has all the customary and usual
rights, powers, functions, and authority of management.
Any of the rights, powers, functions or authority which the company had
prior to the signing of this agreement, or any agreement with the union, includ
ing those in respect to rates of pay, hours of employment or conditions of work,
are retained by the company, except as those rights, powers, functions or au
thority are specifically abridged or modified by this agreement or by any supple
ment to this agreement arrived at through the process of collective bargaining.
3. No Limitation of Regular and Customary Functions of Management, Except
as Provided in Agreement
Except as otherwise in this agreement expressly provided, nothing in this
agreement contained shall be deemed to limit the company in any way in the
exercise of the regular and customary functions of management.
4. Company Retains Supervision, Management, and Control of Business, Opera
tions, and Plant, Subject to Agreement
The union recognizes and agrees that except as expressly limited by the pro
visions of this agreement, the supervision, management and control of the com
pany’s business, operations and plant are exclusively the functions of the
company.
ENUMERATION OF EXCLUSIVE MANAGEMENT RIGHTS
Specific clauses listin g in detail the unqualified prerogatives o f
management are found in some agreements. In addition to listin g the
righ ts, some o f the clauses define the meaning o f the terms used, such as
m anaging and directing the working forces, and what constitutes “ ju st
cause” in discharge.
5. Sole Prerogatives of the Company
The right to hire, release or discipline for just cause and to maintain discipline
and efficiency of employees, is the sole prerogative of the company. In addition,
the products to be manufactured, the location of plants, the schedule of production,
if in harmony with the provisions incorporated herebefore under the section of
Wages and Hours, the methods, processes and means of manufacturing are solely
and exclusively the responsibility of the company.
6. Company Possesses General Right of Managing and Operating the Plants and
Directing the Working Forces
It is recognized that the company possesses the general right of managing and
operating the plants and directing the working forces, including among other
things the rights to hire, transfer, promote, demote, and discipline employees;
to determine the extent and kind of operations at the plants; to continue, abandon,
replace, alter and substitute present or future machinery, equipment, and facili
ties of any kind; and to make reasonable rules for safety, efficiency, and discipline,
and for protection of employees and of the company’s plants, equipment, products,
and operations against sabotage or other injury or damage.
MANAGEMENT FUNCTIONS
5
7. Detailed Listing of Company’s Rights Including Price and Financial Policies,
Prerogatives Not Subject to Review
The union agrees that the products and types of products to be manufactured;
the materials to be used; the location o f plants; the establishment or discontinu
ance of extra shifts and specific jobs; the means of manufacturing (including
the use of labor-saving techniques and machinery) ; the price of products; the
determination of financial and accounting policies; the identity and character o f
all customers and suppliers; the mills or departments to be operated; the pro
duction required of each mill or department; the determination of job content;
the judgment as to the ability of an individual to handle a particular jo b ; the
assignment of individuals to various shifts; or any other prerogative o f man
agement not specifically excepted in this agreement shall be solely and exclusively
within the unreviewable responsibility and prerogatives of the company and not
subject to settlement as a grievance or by arbitration under article — of this
agreement.
8. Management Rights Include Retirement of Employee Under Company
Retirement Plan
The management of the plant and the direction of the working forces and the
operation of the plant, including hiring, promoting, transferring, and rehiring of
and assigning work to employees, the suspension, discharge, or otherwise dis
ciplining of employees, the scheduling of work and the control and regulation o f
the use of all equipment and other property of the employer, and the retirement
of an employee under any company retirement plan are the exclusive function
of the management: Provided, however, That in the exercise of such functions the
management shall follow the provisions of this agreement and shall not dis
criminate against any employee or applicant for employment because of his mem
bership in or lawful activity on behalf of the union. Pending settlement of any
dispute, except in the case of a discharge, or in the case of a disciplinary lay-off,
the employee shall work at the regular job to which he is assigned.
9. Union Not To Abridge Listed Rights
The right to hire, promote, discharge or discipline, and to maintain discipline
and efficiency of employees, to assign personnel and work requirements, overtime,
shifts, workweeks and production methods, shall be vested exclusively in the com
pany, and the union shall not abridge these rights.
10. Listed Rights Cover Fields of Employer-Employee Relations and Production
Operations
The union recognizes that the management of the plant, the determination of all
matters of management policy and plant operation, the direction of the working
force including the rights to hire, discipline, suspend or discharge for proper
cause set forth in section — of article — hereof, to promote, demote, or transfer,
and to relieve employees from duty because of lack of work or for other legitimate
reasons, is the exclusive responsibility of the employer. The employer shall be the
exclusive judge of all matters pertaining to the products to be manufactured,
the locations of its plants, the schedules and standards of production, methods,
processes, means and materials to be used.
MANAGEMENT RIGHTS SUBJECT TO AGREEMENT PROVISIONS
T he enumeration o f rights reserved to and retained by management
is sometimes qualified by the statement that the exercise o f such rights
6
COLLECTIVE BARGAINING PROVISIONS
is subject to other provisions o f the agreement. Such a proviso is
usually im plied even i f not actually stated. A s previously indicated,
no definitive statement o f management’s rights can be made without
checking the entire agreement fo r clauses which m ight restrict the
righ ts enumerated.
11. Management Prerogatives Include All Matters Except Rates of Pay, Hours,
and Conditions of Employment. Management Actions Not to Conflict
With Agreement Nor Discriminate Against Employees
All matters except those pertaining to rates o f pay, hours, and conditions of
employment as provided in this agreement shall be considered the exclusive
prerogative o f management. Management of the plant and the direction of
the working forces, including the right to direct, plan, and control plant opera
tions; the right to select, assign, transfer, suspend, promote, demote, or termi
nate on the basis of knowledge, training, skill, and performance; to terminate
or discharge employees for justifiable causes and to relieve employees from
duty because of lack o f work or for other legitimate reasons; and the right to
introduce new and improved methods and facilities and the management of
the properties is vested exclusively in the employer; provided, however, that
any action taken under this section shaU not be used for purposes of discrimi
nating against any employee, or in any manner which will conflict with the
express terms o f this agreement
12. Exercise of Exclusive Powers Not To Conflict With Other Agreement
Provisions
The management of the plant and the direction of the working forces, includ
ing the right to hire, suspend, discharge for just cause, transfer, promote or
lay off for lack of work or other legitimate reasons is vested exclusively in the
company, also the company shall be the exclusive judge of all matters pertain
ing to the schedules of production, the assignment of work, including the sched
uling of shifts and overtime, and the methods, processes, and materials to be
used; provided, however, that the exercise o f such powers does not conflict
with any other provisions of this agreement.
“ Just cause” as used above is defined to mean among other things, inefficiency,
or infraction o f rules relating to the health or safety of other employees, or
of rules reasonably promulgated by the management relating to the actual
operation o f the plant. In the event of a work stoppage, slow-down, sit-down,
or the refusal to work in contravention to the terms of this agreement, and
when instructed by a proper union official and the management to resume work
and such work is not resumed, the company will have the right forthwith, to
dismiss all of the workers involved in such stoppages, slow-down or sit-down
forthwith.
13. Listed Management Functions Subject to Agreement and to Certain Coir
lectwe Bargaining Rights of Union
Subject to the provisions o f the agreement and to the collective bargaining
rights of the union with respect to wages, hours, and conditions of employment,
the management o f the plant, the planning, direction and control o f production,
sales, and the business, and the direction of the working force, including, hir
ing, firing, promoting, demoting and disciplining of employees, and the laying
off and calling to work of employees in connection with any reduction or in
crease o f production and, consequently, of the working forces, are among the
exclusive functions of the management, and shall not be abridged.
MANAGEMENT FUNCTIONS
7
14. Listed Rights Not Abridged Except as Limited and Stated in Agreement
It is recognized that the operating of the plant and the directing of the work
ing forces, including the right to hire, suspend and discharge for proper cause
is vested in the company and shall not in any manner be limited or abridged
by the union or its members except as specifically limited and stated in this
agreement.
15. Exercise of Management Rights Not To Result in Unfair Labor Practices
The management of the plant and the direction of the employees, including
the right to hire, assign, and reassign to departments, train, promote, transfer,
and to reduce, suspend, or discharge employees for proper causes, is vested
exclusively in the employer; provided that the employer shall not be guilty of
unfair labor practices in connection with such action, or any thereof.
16. Exercise of Management Rights Not To Violate Agreement Provisions
The company’s right to manage its plants and affairs; to hire, discharge,
promote, demote, and direct the working forces is unqualified as long as this
right is not used in violation of any provisions of this contract.
MANAGEMENT RIGHTS SUBJECT TO GRIEVANCE PROCEDURE OR NEGOTIATION
Som e clauses very definitely lim it m anagerial authority.
T his is
done by a statement that all or part o f the management rights listed
in the agreement are subject to grievance procedure; by a requirement
o f consultation with the union in some w a y ; or by a specific exclusion
o f certain m atters such as wages, hours, and working conditions, from
management’s authority and a provision that they are subject to change
only through collective bargaining.
17. Exercise of Managements Listed Rights Subject to Collective Bargaining
and Grievance Procedure, but Not Arbitration
It is agreed that the company has the right o f management, except as ex
pressly limited and modified in this agreement. This includes among other things
the right to plan, direct, control, increase, and discontinue operations; to change
machinery and types of operations; to add or reduce shifts; and to select persons
to be hired and promoted. Any complaint as to any action under this section
may be made the subject o f collective bargaining and grievance procedure up
to but not including arbitration.
18. Rights Affecting Employer-Employee Relations Subject to Grievance Proce
dure; Other Rights Exclusive With Management
It is the responsibility o f the local management of the corporation to main
tain discipline and efficiency in its plant and the right o f the management to
hire, discipline, and discharge employees for just cause and relieve employees
from duty because o f inefficiency or lack of work is expressly recognized, subject
to the right of appeal through the grievance procedure herein. In addition,
the products to be manufactured, the location of plants, the schedules of pro
duction, the methods, processes, and means of manufacturing are solely and
exclusively the responsibility of the corporation.
19. Unjust Discharge Subject to Grievance Procedure; All Other Listed Man
agement Rights Excluded
It is recognized that the company has and shall continue to have unquestionable
and exclusive jurisdiction over the management of its business, the operation
8
COLLECTIVE BARGAINING PROVISIONS
o f its plants and the .direction o f the working forces, including, but not being
limited to, the scheduling and allocating of work, including the temporary loaning
of employees from one job to another, increasing or reducing its working forces,
Closing one or more plants, the transfer of employees, the hiring or suspending
and discharge o f employees, promoting employees to supervisory grades, fixing
and maintaining standards o f quantity and quality of work to be performed
by employees, changing styles and types of products, removing or installing
machinery, increasing, decreasing or changing production equipment, intro
ducing new or improved production methods and facilities, and selection of
customers and subcontracting of work. It is distinctly understood and agreed
that the only provision of this paragraph that is subject to any portion o f the
grievance procedure is that any employee who claims that he has been wrongfully
discharged may appeal directly to the joint grievance committee, as provided
in section — .
20. Management of the Company m d Direction of Working Force Vested Ex
clusively in Company; Job Evaluation and Standards Subject to Grievance
Procedure
The management of the company, and the direction o f the working forces,
including the right to hire, suspend, discipline, or discharge for proper cause,
and the right to relieve employees from duty because o f lack of work, or for
other legitimate reasons is vested exclusively in the company. The right to
evaluate jobs and establish job standards is vested exclusively in the company,
subject to the grievance procedure. The company and the union will work
closely together on any incentive plan that the company may propose.
21. Right To Direct Working Force Subject to Specified Employee Rights
The right to hire, suspend, discharge, transfer, and relieve employees from
duty because of lack of work is vested exclusively in the company provided:
(а ) That these rights will not be used for purposes of discrimination.
(б) That no employee shall be considered finally discharged, suspended or
transferred until he has received a notice in writing, stating the reason for
such action, and has had the right to confer with his committeman who will
be called by his foreman without delay.
The employed when discharged, will immediately leave the department on
request of the foreman and be sent to a designated place in the plant for such
conference.
(c) No new employee will be hired into a department operating on full time
when employees having seniority in other departments and capable of doing the
work in judgment o f the management and the union are regularly restricted to
less than full time.
In applying this provision such transfers will be made giving due consideration
to the efficient operation of the plant as a whole.
( d) That no elected union representative of the employees will be transferred
from his department or shift without his consent, except in case of emergency
which shall not exceed a period of seven working days.
It is further understood and agreed that in case of a discharged or suspended
employee other information pertaining to his employment record will be made
available to the employee chief steward or committeeman by the employment
office upon request.
22. Right To Dismiss fo t Just Cause; Dismissal Subject to Grievance Procedure
The management o f the plant and the direction of working force, including
the right to hire, is vested exclusively in the company. It is understood that
MANAGEMENT FUNCTIONS
9
the company reserves the right to dismiss any employee for just cause, which
action shall be subject to the grievance procedure.
23. Management Determines Methods, Processes, and Products Subject to Nego
tiation I f Process or Method Detrimental to Working Conditions
It is recognized that the types of products to be manufactured, the methods,
the processes of manufacturing, etc., are the exclusive prerogative of the com
pany. In cases where the process or method is detrimental to the working
conditions ,of the employees, the installation shall be subject to negotiations
toetween management and union.
MANAGEMENT RIGHTS NOT TO BE USED FOR DISCRIMINATION OR TO AFFECT
EMPLOYEES ADVERSELY
Some “ mangement rights” clauses make explicit what is im plied in
the contract as a whole— that in exercising its recognized functions
management shall not discrim inate against employees because o f
union membership or activity. In effect, such lim itations m erely
restate the ban on union discrim ination contained in the N ational
Labor Eelations A c t as amended by the Labor M anagement Eelations
A ct o f 1947.
24. No Discrimination Against Union Members in Exercise of Management Rights
It is recognized that the management of the work and the direction of the
working forces, including but not limited to, the right to hire, lay off, suspend,
promote, transfer, or discharge employees, are vested exclusively in the company;
provided that, subject to the terms of this agreement, none of the provisions of
this paragraph will be used for the purpose of discrimination against any member
of the union because of such membership.
25. No Discrimination Against Any Employee or Union Member in Exercise of
Management Rights
Subject to the provision o f this agreement the management of the company
and the direction of the working force, including the right to hire, promote,
transfer, suspend, or discharge employees, and the right to lay off employees
because of lack of work or other legitimate reason, is vested exclusively in the
company, but such rights shall not be employed for purposes of discrimination
against the employee because o f bona fide activities on behalf of the union or
because of race, creed, color, sex, national origin or political belief.
26. Right To Determine Employee Qualifications, Provided No Discrimination
The determination o f comparative qualifications and physical fitness as between
employees having different seniority ratings, departmental or plant, is the
prerogative of the employer. In exercising such prerogative there shall be no
discrimination among employees.
27. Company Policy Not To Result in Stretch-Out or Transfer of Skilled
Employees
The corporation shaU have sole authority to determine the policy of manage
ment, production, and operation. However, the corporation will not overload
any emplyees, singularly or collectively; engage in any stretch-out system or
force the transfer of any employee skilled in one profession to another.
829682°— 49------ 3
10
COLLECTIVE BARGAINING PROVISIONS
28. Company Right To Determine Processes, Provided Average Straight-Time
Earnings Are Not Reduced
Nothing in this agreement shall abridge the rights of management in the
employment of qualified personnel, the dismissal of employees for just cause and
the rearrangement of work processes or methods of economy and efficiency,
providing, however, in no case shall the past average straight time earnings
be reduced by time studies or rearrangement of work process or methods or
equipment. Until an accepted rate is placed on the job, the operator shall
receive his past average earnings.
SAVING CLAUSE
A “ saving clause” is sometimes insisted upon by employers who are
fea rfu l that a specific listing o f topics regarded as management func
tions m ight prejudice their right to act in m atters not covered by the
agreement. Such clauses or statements are to the effect that the listin g
o f specific rights is not to be considered as all-in clu sive; that the em
ployer has not relinquished any rights or functions not listed.
29. Management’s Functions Include Bht Are Not Limited to Those Enumerated
in Agreement
It is agreed that the management of the company has the sole and exclusive
rights to manage the affairs of the business and to direct the working forces o f
the company in accordance with and subject to the terms of this contract. Such
functions of management include (but are not limited to) the exclusive right t o :
1. Determine the products and schedules of promotion, locations of production,
the type of manufacturing equipment and the sequence of manufacturing
processes.
2. Determine the basis for selection, retention and promotion of employees
for occupations not within the bargaining unit established in this contract.
3. Maintain discipline of employees including the right to make reasonable
rules and regulations for the purpose of efficiency and discipline. Provided
however that any dispute as to the reasonableness of such rules or any dispute
involving claims of discrimination against any employee in the application o f
such rules shall be subject to the grievance procedure of this contract.
4. Direct generally the work of the employees subject to the terms and con
ditions of this contract, including the right to hire, discharge or suspend em
ployees for good cause and also to promote employees, demote or transfer them
for proper cause, to assign them to shifts with due regard to seniority, determine
the amount of work needed and to lay them off because of lack of work in ac
cordance with the provisions herein.
30. Enumeration of Rights Not To Exclude Others Not Listed
The management of the works and the direction of the working forces, includ
ing the right to hire, suspend or discharge for proper cause, or transfer, and the
right to relieve employees from duty because of lack of work, or for other legiti
mate reasons, is vested exclusively in the company provided that this will not be
used for purposes of discrimination against any member of the union nor will
it be used contrary to any other provision of this agreement. It is further under
stood and agreed that the foregoing statement of management functions shall
not be deemed in any way to exclude other management functions not specifically
enumerated.
MANAGEMENT FUNCTIONS
11
Plant Rules
In operating the business, directing the w orking force, and m ain
taining shop discipline, management custom arily adopts certain rules
and regulations and lists penalties fo r failure to observe them . Such
rules m ay involve conditions o f employm ent w ith which the union
is concerned as bargaining agent o f the em ployees; hence, collective
bargaining agreements often cover the subject o f com pany (or work
in g) ru le s.
In turn, agreements specifically or tacitly perm it management to
establish reasonable and necessary plant rules. T hey rarely give a
complete outline o f plant working rules but frequently incorporate
them by reference and affirm the company’s right to adopt, revise, and
enforce such rules. The agreement may also state management’s right
to discipline employees fo r infractions.
Quite com m only, the only contract reference is a statement that
employees shall be properly inform ed o f company rules, either by
posting the regulations or distributing copies to all employees.
A proviso is often made that the exercise o f the right to issue and
enforce rules must not conflict w ith the terms o f the agreem ent; or
that the rules shall be applied w ithout discrim ination. The union is
also perm itted to challenge a rule or its application through the
grievance procedure. A bulletin containing clauses on enforcement
provisions w ill be published in the near future.
ESTABLISHMENT AND REVISION OF RULES
M anagement usually has the right to make or change rules provided
they are not inconsistent with the terms o f the agreement and are ap
plied without discrim ination. In a number o f agreements, the union
is granted a voice in prom ulgating or in changing such ru les: fo r ex
am ple, the establishment o f rules may be made subject to the union’s
approval; rules m ay be established only after joint negotiations;
changes must be m utually acceptable or must be discussed with the
union in advance o f posting.
31. Establishment of Rules Exclusive Management Right
The “ Standard Rules and Regulations’’ of the company shall continue in full
force and effect; and the company shall have the right to amend such rules and
regulations and make further rules and regulations, providing such rules and
regulations, amendments, and further rules and regulations, are not contrary to
the terms of this agreement.
32. Company Right To Issue, Change, or Amend Rules Based on Nature of
Industry
The inherent nature of the industry in which the parties hereto are engaged
necessarily requires, in the interest of public safety, that sound methods o f opera
12
COLLECTIVE BARGAINING PROVISIONS
tion and certain standards of discipline among its driving personnel be main
tained, to which end the company heretofore has adopted a uniform plan of
discipline and published written rules, regulations, and instructions governing
the conduct of its business, which rules, regulations, and instructions are in
cluded in its rule book, and posted and to be posted from time to time in the
form of written bulletins on its bulletin boards. The company reserves the
right to alter, change, and amend all or any part of same as future conditions in
its discretion require, so long as the same is not contrary to, or in conflict,
herewith.
33. Certain Rules Mutually Agreed to ; Others at Management Discretion
All working rules or shop rules concerning wages, hours and/or other condi
tions o f employment shall be mutually agreed to and shall be conspicuously
posted in all departments at all times. In the exercise of its managerial func
tions, the company may make such other rules as it deems necessary.
34. Management Right To Issue and Enforce Rules Subject to Union Appeal;
Rules in Force Pending Adjustment or Arbitration
The promulgation and enforcement of rules and regulations not inconsistent
with the provisions of this agreement are vested in the employer, provided that if
the union deems any such rule or regulation to be inconsistent with the pro
visions of this agreement it shall so notify the employer, and the employer shall,
within twenty-four (24) hours of notice to such effect either withdraw the
rule or regulation or submit it to settlement by the adjustment procedure pro
vided for under article — of section — of this agreement [arbitration], but the
rule or regulation shall remain and enforceable pending such settlement.
35. Rules Established Jointly
I f the employer desires to establish rules and regulations concerning condi
tions of employment of the employees covered by this agreement, the employer
hereby agrees to prepare and submit such regulations and rules to the union.
When the same has been agreed to and if the said rules and regulations do not
conflict with the terms and conditions of this agreement, these rules and regula
tions shall be signed by both parties and shall be posted on the bulletin board.
36. New Plant Rules To B e Negotiated
Before the company puts new plant rules into effect, same shall be negotiated
with the executive shop committee.
37. Changes by Employer; Reasonableness and Equity of Rules Subject to
Arbitration
It is agreed that such rules may be changed, amended, or modified from time
to time by the employer as the efficient operation of the plants shall require, but
the union reserves the right to question the reasonableness and equity of the
rules and to employ the arbitration procedure provided in this agreement to secure
a determination of such dispute. The employer agrees to notify the union
five (5) days in advance o f the time of making any such change, amendment, or
modification effective.
3S. Changes by Mutual Consent Only
Local rules or regulations covering working practices and working conditions
o f employees which have been established by custom or local agreement and were
in effect September 1,1945, shall not be changed during the life of this agreement
without mutual consent. It is understood, however, that the union through its
representatives, or committees, or in such manner as they may elect, may at any
MANAGEMENT FUNCTIONS
13
time discuss and negotiate with the management of the company for changes in
said local rules or regulations covering working practices and working conditions
of employees which have been established by custom or local agreement and
were in effect prior to September 1,1945, or subsequent thereto.
39. Changes by Mutual Consent or Arbitration
The rules in regard to working conditions in the various sections of the com
pany, as outlined in Article — , shall be posted in the sections of the company
affected, in conspicuous places, and these rules so posted shall be observed until
changed by mutual agreement between the parties hereto; or, in event o f dispute,
unless and until changed by arbitration in the manner hereinbefore provided for.
40. Mutual Agreement Required for Rules Changes Which Affect Employees
“Beneficially”
It is agreed that all existing rules and regulations relating to operation and
conduct of company’s business not in conflict with provisions of this agreement
shall remain in effect until superseded or changed by subsequent rules and
regulations not in conflict with this agreement. The company agrees that they
will not change any rule or regulation that affects the employees beneficially
without mutual agreement.
41. Reasonableness of Working Rules Subject to Grievance Procedure
The union recognizes the power of the company to make and enforce reason
able working rules. Such rules shall be written or printed and a copy placed
in the hands of each watchman or patrolman, together with a copy of this con
tract. Such publication will be paid for by the company. A dispute as to what
constitutes reasonable working rules may be a subject for grievance.
42. Application of Rules Subject to Grievance Procedure
That the company has the right to establish reasonable plant rules. Should
any disagreement arise about the application of these rules they shall be subject
to grievance procedure.
43. Advance Discussion of Changes
New rules or changes in existing rules governing the conduct of employees
during working hours or on company property shall be announced by the posting
of notices on the bulletin boards. Before the posting of any such notice, the
notice shall be discussed with the union.
44. Plant Rules Discussed in Advance With Bargaining Committee; Department
Rules, With Chief Steward
Before the management puts new rules into effect in the plant, they will be
discussed with the bargaining committee. Before new rules are put into effect
in a department they will be discussed with the chief steward.
INFORMING EMPLOYEES OF RULES
The employer is held responsible fo r n otifyin g employees o f the
customs, practices, and rules governing employm ent conditions in the
plant.
Com m only, rules and regulations (and revisions) m ust be
posted, but under some agreements each employee must be furnished
w ith a copy.
In some instances, copies o f the rules and the union
contract are distributed to employees at the same tim e, or in a single
document.
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COLLECTIVE BARGAINING PROVISIONS
45. Posting of Buies
The [employer] may prescribe rules, not in conflict with this agreement, such
as are deemed necessary in the operation of the business, such rules to be posted
on the [employer’s] bulletin board in the editorial, business, and accounting
departments.
46. Rules BooTclet To B e Furnished All Employees
Employees covered by this agreement shall be governed by all company rules,
regulations, and orders previously or hereafter issued by proper authorities of
the company which are not in conflict with the terms and conditions o f this
agreement, providing that promptly after the signing of this agreement, the
company shall cause to be compiled and issued in pocket-size form to each present
and new employee the presently applicable rules and amendments thereto. It
is understood this booklet shall be supplementary to but shall not supersede
company maintenance and operational manuals.
47. Posting or Distribution of Present and Future Rules
Company rules now in force or hereafter adopted shall either be conspicuously
posted in all departments or printed in a company rule book and distributed
to all employees. No rule now in force or hereafter adopted shall conflict with
any of the provisions of this agreement.
48. Rules Additions Posted or Distributed. New Rules Effective 8 Days A fter
Posting
The members of the union, while working for the company, shall be governed
by the safety and other rules published in printed booklet titled, ‘‘Information
for Employees,” which is published and distributed to all employees by the
company, and such other rules not in violation of this agreement as may be
adopted by the company and published to employees on bulletin boards or by
general distribution. Any new rule established shall not be effective until three
working days after publication and any such established rule shall be subject
to discussion and adjustment in the same manner as outlined herein for settle
ment o f grievances.
49. Copy of Rules to Shop Steward
Employees shall comply with all shop rules not in conflict with the provisions
of this agreement. Such rules shall be reduced to writing and made known
to the employees, and a copy shall be given to the shop steward.
ENFORCEMENT OF RULES
M anagem ent’s right to take disciplinary action, including discharge,
fo r violation o f the rules or misconduct is regularly recognized in
agreements, provided no rights guaranteed in the agreement are
abridged thereby.
Som etimes, the specific penalty or range o f penal
ties fo r violation o f each rule is also listed.
In other instances, the
com pany is authorized to apply appropriate penalties, without list
in g them in detail.
The right to appeal the company’s disciplinary
action through the grievance procedure is explicitly stated in some
agreem ents; it is im plicit in m ost others.
(See B ulletin N o. 9 0 8 -5
fo r additional clauses dealing w ith discharge or discipline.)
MANAGEMENT FUNCTIONS
15
50. Company Rules Incorporated in Agreement
It is agreed that the company’s present book of rules and regulations shall
be considered as part of this agreement and binding upon the parties, with the
same force and effect as if they were fully set forth herein, except that where any
o f the provisions of such rules or regulations are inconsistent with or contrary
to the terms and provisions of this agreement, the terms and provisions of this
agreement shall govern.
The company shall also have the right from time to time hereafter to make
such additional reasonable rules and regulations in connection with the manage
ment and operation of its business and the direction of its working force as the
company may deem necessary, provided such rules and regulations are not in
consistent with or contrary to any of the terms and provisions of this agree
ment. However, before putting any such new rules and regulations into effect,
the company agrees to notify and discuss same with the union.
51. Union Pledges Compliance by Its Members With Rules Mutually Agreed Upon
The union agrees that its members will obey such shop rules and regulations
and the penalties for violation thereof as provided therein which are agreed upon
between the company and the union affecting the conditions of employment
which are not inconsistent with the terms of this agreement. Employees will
be furnished by the company with such rules, regulations, and penalties. Changes
or amendments thereof, shall be conspicuously posted for 48 hours before becom
ing effective.
52. Union Assistance in Enforcing Rules
The union agrees not to perform, encourage, defend, or otherwise countenance
any act in violation of plant discipline by its representatives or by employees
whom it represents. The union agrees to assist the company in the enforcement
of its rules and regulations.
Employees shall perform any work or jobs which the supervisors may direct.
If the employee objects to the work he shall perform such work and take up the
matter of his objection through the grievance procedure as outlined in this
agreement.
53. Penalties for Violation of Rules Agreed to by Union
The company may impose penalties as has been agreed upon by the executive
shop committee for violation of shop rules or misconduct. Other penalties to be
imposed will be taken up with the executive shop committee and enforced by
the company as agreed by the executive shop committee without request for
lost pay.
54. Company, Union, and Employees Pledge Rules Observance
It is agreed that the working rules set forth in a supplemental agreement will
be observed by the company, the union, and its members.
55. Employees Agree To Observe Smoking Rules
All employees agree to observe the company rules with respect to smoking
on company premises, and the company agrees that the rules shall provide desig
nated areas for the purpose of smoking.
56. Discipline in Accordance With Predetermined Schedule
The company agrees to supply each employee with a copy of the rules and
regulations annexed hereto as appendix A. Violation of any of these rules shall
be sufficient cause for discipline in accordance with the schedule stated in
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COLLECTIVE BARGAINING PROVISIONS
appendix A, provided that claims of wrongful or unjust discipline or discharge for
such violations shall be subject to the grievance procedure herein provided.
57. Listing of Rules and Penalties for Infraction
Certain rules and penalties for infraction thereof have been agreed upon by
the management and shop committee. These rules and penalties are listed
below. The same will be enforced rigidly. Except in cases involving discharge,
the only recourse will be through normal grievance procedure. In cases involving
discharge, an agreement must be reached between the management and shop
committee before the penalty is evoked. In cases involving a warning, no pre
vious warning of an age more than 12 months will be considered.
Group 1.—Offenses involving possible penalty of immediate discharge.
In no case will less than 2 weeks lay-off be imposed:
Stealing company’s property or that of fellow workers.
Sabotage or damaging company’s property or equipment deliberately.
Deliberate waste of material.
Group 2.—Offenses involving penalty as follows:
First offense—One week lay-off.
Second offense—Discharge.
Deliberately reporting production falsely.
Deliberately ringing another employee’s clock card.
Insubordination, such as refusal to work on the job assigned,
etc.
Group 3.—Offenses involving penalty as follow s:
First offense—Warning in writing.
Second offense—One week lay-off.
Third offense—Discharge.
Violation of safety rules.
Reporting for work under the influence of intoxicants.
Habitual absenteeism.
Repeated tardiness.
Defective workmanship.
Changing clothes, except in cases where allowed, or leaving
required place of work before the whistle blows.
Carelessness in any act which results or may result in
danger to company property. In any such case the spe
cific instances will be cited at the time the penalty is
imposed.
Failure to make at least guaranteed rate over a period of
time on any piecework operation.
Smoking in areas where smoking is forbidden.
Gambling on company’s premises.
Group 4.-^Any employee who refuses to follow the prescribed procedure in
the adjustment of grievances, or who violates section — of Article
— [No strike-no lock-out clause] of this contract, is subject to
discipline. Such discipline, depending upon the severity of the
offense, may consist of warning, lay-off, or discharge.
In case of
laid off and
returned to
garnishment
a writ of garnishment, the employee involved shall immediately be
given an opportunity to have the same lifted, and shall not be
work until the same is lifted. The second successive writ of
from one creditor will be cause for immediate discharge.
MANAGEMENT FUNCTIONS
17
58. Willful and Nonwillful Violations Distinguished
It is mutually agreed that the regulations as set forth in the company’s
rule book, with such additions or alterations thereto as are made by the
company from time to time, not in conflict with the provisions of this agree
ment, are necessary for the efficient operation of the plant, and that any in
fraction of these rules may constitute just cause for disciplinary action and
willful violation of any rule may constitute just cause for discharge.
59. Disciplinary Action for Rules Violation Subject to Grievance Procedure
Written rules governing the conduct of employees are hereto attached as
exhibit B. A copy of such rules will be posted on the bulletin boards in the
plant or distributed to the employees, All employees are required to observe
said rules, but the union reserves the right to utilize the grievance procedure
with reference to any disciplinary action of the employer for violation of such
rules.
60. Discharge Follows Cumulation of Penalties to Specified Amount; Accumu
lated Penalties Canceled Yearly, Provided Less Than Specified Amount
Shop rules will be established by the management for the proper conduct of
employees. The following rules are accepted by the union as fair and just.
Additional rules will be established by management as required, and will be
subject to the regular grievance procedure as to fairness.
There are stated penalties for infraction of the various shop rules, and other
sections of the contract. An accumulation record will be kept of penalties for
these infractions against each employee, and if the accumulation of workday
penalties reaches or exceeds a total of fifteen (15) working days in 1 year,
the employee will be automatically released.
At the beginning of each calendar year, all accumulated penalties shall be
forgiven providing they have not exceeded 15 days. The workday penalties
made in connection with these rules do hot require that the employee be actually
sent home from the plant, but the penalty applied will be added to the accumu
lation of all penalties.
61. Employee Absolved if Union Not Notified of Rules Infraction Within 7 Days
There shall be an even immediate notification in writing by the company to
the steward of officers of the local for all infractions of company rules by the
employees. Unless such written notice is given to the steward or officers of
the local within 7 days of said infraction, the same shall be considered condoned.
Changes in Plant Site or Location of Employment
Unions sometimes charge employers with attem pting to evade the
term s o f their agreements by m oving their plants to nonunion areas.
Therefore, some agreements restrict removal o f the plant from its
existing location.
In others, provision is made for certain safeguards
on employm ent status and seniority o f present employees if the plant
is moved.
Other types o f restrictions include a ban on rem oval be
yond a single fare transportation zone or beyond a specified distance
from the existing location.
Under some agreements, rem oval o f the
plant is allowed only with union consent, or if paym ent is made for the
829682 °— 49-------4
18
COLLECTIVE BARGAINING PROVISIONS
costs o f transfer or m oving expenses or for added travel expenses. A
lim it is sometimes placed on the amount o f the difference between the
old and new fares which the employer w ill pay or on the tim e during
which he w ill make up such difference.
RESTRICTION ON REMOVAL OF P L A N T
62. No Move Beyond Metropolitan Area Limits
The firm agrees not to have its establishment beyond the limit o f the metropoli
tan area during the life of this agreement.
63. No Removal of Plant or Machinery Outside City Except **Outright Stole”
Employer agrees that it will not directly or indirectly move its factory or any
machinery now installed in said factory, outside of the city o f ------ , during the
term o f this agreement or any renewal thereof, only in the event of an outright
sale of all or any part thereof.
64. No Removal for “Run-Away” Purposes
No member of the association shall, during the term of this agreement, move
his factory or shop from its present location, with the intent and purpose of
violating the provisions of this agreement, or obtaining working conditions more
favorable than conditions herein provided for, or for the purpose of eliminating
the union as the collective bargaining agency for aU o f the employees o f said
employer.
65. Union Consent Necessary
The employer shall not remove his shop from the city where it is presently lo
cated without the written consent of the union.
66. Union Consent for Removal of Plant More Than Specified Distance Prom Present Location
No employer whose shop or factory is at present located within [city] shall
during the term of this agreement move his shop or factory outside of [city],
without the consent o f the union. No employer whose shop or factory is at
present located outside of [city], shall during the terms of this agreement move
his shop or factory to any place distant more than 5 miles from its present loca
tion, without the consent of the union.
67. No Move Beyond 10~Cent Pare Zone
No member o f the [employers’ association] shall during the term of this agree
ment move his [city] shop or factory from its present location to any place beyond
which the public carrier fare is more than ten (10) cents.
68. Mutual Consent or Arbitration for Removal to Location Beyond 10-Cent and
Up to 20-Cent Zone
No member of the [employers’ association] shall, during the term o f this
agreement, move his shop or factory from its present location to any place to
which the public carrier fare is more than ten (10) cents.
It is further provided that under special circumstances, a member of the
[employers’ association] may move his shop or factory from its present location
to a place to which the public carrier fare is more than ten (10) cents but not
more than twenty (20) cents, provided, however, that such member of the [em
ployers* association], prior thereto, makes application for and secures the written
joint consent o f ____a n d ____ , representing the [employers’ association] and the
MANAGEMENT FUNCTIONS
19
union, respectively, to such removal. Such joint consent shall not be granted
unless the applicant proves the necessity therefor. However, should there be a
disagreement between the s a i d ____a n d _____concerning the issue, then said
issue shall be treated as a dispute under the agreement to be submitted to the
impartial chairman or arbitrator named in the agreement, but the member o f
the [employers’ association] shall not remove the shop or factory unless and
until the impartial chairman renders a decision permitting such removal.
69. Move Without Union Consent Deemed Violation Subject to Injunctive R elief
The employer agrees that for the full term of this agreement, or any extension
or renewal thereof, it shall not remove or cause, countenance, or in any manner
take part in an attempt to remove its plant from the city o f ____except, however,
that said removal shall be agreed to in writing by the union.
Any removal or attempt to remove without such agreement shall be considered
a violation of this agreement and subject to injuctive relief by the union.
REMOVAL OF PLANT SITE ALLOWED
70. Company Right To Move Location of Plant
The right of the company in its sole discretion to diminish operations in whole
or in part or to remove the plant or the operations or business o f same or any
part thereof to another location as circumstances may require is expressly
recognized.
71. Union Retains Sole Bargaining Rights in New Location
“Employer” hereby agrees to deal and negotiate with the authorized represent
atives of “ union” with regard to wages, hours, and working conditions of em
ployees in the aforementioned unit. “Employer” further agrees that in the
event of removal of the “ employer’s” said plant to another location in the city
o f ------ said “union” shall continue as the duly authorized and sole collective
bargaining agency for the employees in the aforementioned unit in such plant.
72. Agreement Binding in New Location. Employees Affected Offered Jobs A c*
cording to Seniority
This agreement shall apply to all plants now or at any time operated by [em
ployer] while this agreement continues in effect and upon the removal o f any
plant, department, or division operated by [employer] to another location where
such operations are continued by it, all employees affected shall be given or
offered employment in the new location or place according to their seniority and
placed in the same status in regard to pay, wages, hours, and other working con
ditions as before such removal occurred.
76. Employees Given Opportunity to Retain Present Job or, I f Unavailable, To
Transfer To Another Job for Which Qualified
The employer agrees that during the life of this agreement it will not move its
plant outside the limits of the city o f ------ in order to avoid dealing with the
union. If the plant is moved, the employees then employed by the employer will
be given the opportunity to continue their employment in their occupational
classification, if it is available, or to apply for transfer to another job for which
they are qualified, by virtue o f past experience with the employer, to perform.
74. Employment Rights at New Plant Vary With Nature of Move, Whether Intrar
or Inter-State
In the event the company shall at any time move its plant from the building
and premises now occupied by it in [city] to any other part o f the State, this
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COLLECTIVE BARGAINING PROVISIONS
contract shall nevertheless continue in full force and effect and shall be ap
plicable to the foregoing employees in the new locations. Employees of the com
pany shall have the opportunity to work in the new location within the State.
I f the company shall remove its plant outside the State, then the company shall
take along all key people who desire to go with the company at the rate of
pay they shall have been receiving at the time of removal.
75. Employer To Compensate Employees for Added Travel Expenses Beyond
10-Cent Fare Zone
I f the employer moves one or more of its establishments existing at the time o f
the execution of this agreement beyond the ten (10) cent fare radius from its
present location, it shall compensate its employees for added traveling expenses
incurred by them on account of such removal. This agreement shall be and
remain binding upon the employer in the event it moves, regardless where to.
76. Employer To Pay TJp To 25 Cents Increased Fare for Maximum of 3 Months
This contract shall apply to the employer’s plants wherever they may be
located. In the event the employer changes the location of its plants, the em
ployer agrees to pay a fare differential not to exceed twenty-five (25) cents
daily between the present plant and the new plant to all employees whose travel
ing expenses are increased due to the move. Such traveling expenses shall be
paid until such time when the employee has moved within a ten (10) cent fare
distance from the new plant. Under no circumstances shall fare differentials be
paid for more than three (3) months.
77. Company To Pay Moving Expenses of Employees Transferring at Its Request
Reasonable moving expenses of employees and their families permanently
transferred from one‘location to another will be paid by the company, subject
to rules and regulations of company governing the same, but only if such trans
fers are at the request of the company.
78. Employees Must Pay Own Moving Expenses
I f the company shall move any of its present operations to a new location, or
should acquire a plant in some other location, to perform operations of any
nature that would cause unemployment at the present location, any or all em
ployees affected shall be offered employment in the new plant with any necessary
moving expenses paid by the employee or employees affected.
Contracting and Subcontracting
M anagem ent considers contracting work out to be an exercise o f its
right to determine the means and method o f production.
W orkers,
on the other hand, sometimes regard subcontracting as a threat to
their job opportunities, particularly if the work has custom arily been
done in the plant.
They are also concerned over their working stand
ards i f the em ployer can send out work to plants with less favorable
wage and working conditions.
U nions, therefore, often seek to regu
late or restrict the practice o f subcontracting.
Few o f the agreements which contain clauses pertaining to con
tracting out and subcontracting work completely prohibit subcontract
ing.
Some reaffirm the em ployer’s sole right to contract work o u t;
MANAGEMENT FUNCTIONS
21
others require prior union approval. M ore often, such work is per
m itted under certain conditions: I f employees o f the com pany are
fu lly supplied with w ork; if it is more economical or expedient to
contract ou t; i f the shop is not properly equipped to do the work.
Some agreements provide that work contracted out must be done un
der specified conditions, fo r exam ple: the contractor must conform
w ith the terms of the agreem ent; the work must be sent to a shop hav
in g an agreement with the signatory union or to “ union shops” ; the
wage rates provided fo r in the agreement must be paid. A nother
lim itation forbids the em ployer to subcontract w ith a struck firm .
Some agreements also prohibit contracting w ithin the shop or socalled “ tim e contracts” under which workers bid fo r or are assigned
work as contractors instead o f receiving fixed hourly or piece-rate
earnings. A ban on home work is also written into some agreements.
79. Company Retains Right to Subcontract
The company shall have the right to subcontract work as the demands of its
business require.
80. Prohibition of Contracting
It is further understood and agreed by and between the parties that no work
shall be given out to any contracting shop whatsoever, and that all work shall
be performed on the premises of the employer.
81. Prohibition of Inside or Outside Contracting
No contracting or subcontracting shall be permitted in any of the shops of any
member of the [employers’ association], nor shall there be any time contracts be
tween the members of the [employers’ association] and their workers, either indi
vidually or in groups.
82. No Home Work
No work shall be given to or taken by employees to be performed at their homes.
83. Numerical Limitation on Amount of Contracting
The right to subcontract any type of work, either within the jurisdiction of the
union, or outside jurisdiction of the union, shall be vested exclusively in the
company; provided, however, that any contracting of maintenance and produc
tion functions shall not exceed in total manshifts an amount in excess of 1 percent
monthly of the total manshifts shown on the general monthly pay roll. If, in the
company’s opinion, it appears necessary to contract for a greater number of shifts
the matter shaU be subject to negotiations with the union.
84. Contracting Limited to Certain Types of Work
On pipe lines, in production and in gasoline plants, it is agreed that any classi
fied work now being done by employees of the employer, for the performance o f
which equipment and present or laid-off employees are available, shall not be
contracted out. Whenever new production is being developed roustabout and
well-pulling work shall be performed by employees of the employer.
In refineries, it is agreed that any classified work now being done by employees
of the employer shall not be contracted out as long as the employer has the neces
sary equipment and so long as there are qualified employees available from among
22
COLLECTIVE BARGAINING PROVISIONS
present or laid-off employees. This, however, shall not apply to major construc
tion jobs or to the installation or construction of special or patented equipment
not ordinarily installed by the employer. The employer in such cases will advise
contractors when qualified employees are available for work on these special
installations.
85. Mutual Consent for Contracting of Work Regularly Done by Employees in
Bargaining Unit
Contracting out work regularly performed by any employee in the bargaining
unit shall not be permitted unless it has been agreed to by the union and the
company.
86. Consultation with Union When Occasion for Contracting Occurs; Manage
ment Retains Final Decision
When occasion arises which necessitates sending a major job, including main
tenance and construction, out of the shop for reasons other than lack o f suit
able equipment in the plant to manufacture the product, the company agrees to
consult with the union and afford them an opportunity to discuss the reasons
for such action and the possibility o f so reducing cost as to keep the job in the
plant. The final decision, however, shall rest exclusively with the management.
87. Advance 'Notice to Union; Union Objection Submitted to Grievance Procedure
The company may not contract work out without giving notice to the union,
and if the union contends that the contracting of the work deprives available
regular employees o f work which should be theirs, the matter shall be deemed a
grievance and be subject to settlement in the usual manner.
88. Company to Discuss Contracting With Union and Agree on Satisfactory
Disposition if Demotion or Lay-Off Results from Contracting
For the duration o f this agreement the company will not change its present
policies with respect to the employment of outside contractors. I f it becomes
advantageous to the company to employ outside contractors for work ordinarily
and customarily done by current employees, and such contracting will result in
/the demotion or lay-off o f current employees, the company will discuss the
matter with the union and agree upon a satisfactory disposition thereof.
89. No Discrimination Against Union Members in Contracting
The employer shall not, for the purpose o f discriminating against the mem
bers o f the union, let out for contract or subcontract any work.
90. Contract Work To Be Returned to Plant as Soon as Efficient Facilities Are
Available
The company agrees that jobs which were done in th e ------plant and are now
being done on the outside will be brought back into t h e ------plant as soon as
efficient machinery and equipment are available in the plant to produce the work.
CONDITIONS UNDER W H IC H CONTRACTING IS PERMITTED
F ull U se
of
Space , E quipment ,
and
W orkers
91. No Contracting as Long as Machinery and Equipment Available
The company will not send work out which can be done in the plant, so long
as there is machinery and equipment available in the plant to perform the
necessary work properly and economically.
MANAGEMENT FUNCTIONS
23
92. Management Right To Contract Without Union Interference, Provided
Present permanent Employees Do Not Lose Normal Work
It is specifically agreed that the rights to contract any type o f work with
outside contractors shall be vested exclusively in the company and such work
or employees of the contractor shall in no way be subject to the provisions o f
the agreement, and the union will in no way interfere with such work, providing
that this does not operate at the time of contracting to deprive any present
permanent employee of his normal work.
93. No Contracting Which Results in Lost Time to Present Regular Employees,
Excluding Emergency or Unusual Work
The company agrees that it will not contract any work which will result in
lost straight time during the term o f this contract to its presently regularly
employed employees in the ordinary course of business, not including work
caused by emergencies or work out of the ordinary routine.
94. Restrictions on Subcontracting: All Employees Must Be on Full Time and
None Laid Off; Subcontractor Must Be Covered by Agreement
The employer shall not subcontract any work to any shop not operating under
the union agreement, nor shall any work be subcontracted or performed in a
subcontract shop while any of the employees of the principal shop are employed
less than full time or are laid off.
95. No Contracting Which Results in Discharge or Lay-Off of Employees Cus
tomarily Doing Work
During the term of this agreement, the company will not employ outside con
tractors for work which will result in the discharge or laying off of employees
covered by this agreement who ordinarily and customarily do such work. It is
understood that the above provision does not apply to tree trimming where it is
the company’s policy to contract for this work.
96. Outside Contracting Not To Result in Lay-Off or Discharge of Employees
The company agrees that during the life of this contract it will neither lay-off
nor discharge any employee covered by this agreement due to work being
contracted for with outside parties.
97. Contracting Outside Certain Locality Prohibited for Some Employers Under
Association Agreement; Permitted Others, Provided Agreement Covers
Subcontractor
No member of the [employers’ association] shall send work to any contractor
or submanufacturer outside of the Greater City o f New York unless such con
tractor or submanufacturer has a written contract with the [international union]
and complies with the terms of said contract and also unless the said member has
complied with the terms of this agreement. The obligation, however, of those
members of the [employers’ association] who are obligated to have all the work
performed by or for them in the Greater City of New York exclusively in Greater
New York City shops under contractual relationship with L o ca l------ , is absolute
and shall not be deemed modified.
Contractor’ s R elations W ith U nion
98. Union Contractors Onty—Same Union
An employer who employs contractors shall employ only such contractors as
employ only members of th£ union in good standing, and no employer shall cause
24
COLLECTIVE. BARGAINING PROVISIONS
or permit any work to be performed for it, directly or indirectly, by any person,
partnership, corporation, or contractor employing workers who are not members
of the union in good standing.
99. Union Contractors Only—Same Union and Similar Agreement Terms
The subletting of work to an employer who does not employ members of the
union under similar terms and conditions set forth in this agreement shall not
be permissible.
100. Union Contractors Only—Not Restricted to Same Union
It is agreed that all work shall be performed by union labor in the employer’s
own shop. In the event that all work cannot be rendered in the shop of the
employer due to space limitations, the employer may contract his work to union
shops only; provided, that if union shops will not accept such work or are un
obtainable for such work, then the employer may contract such work elsewhere.
The term “ union shop” means that shop which has an agreement with a union
and abides by it. Preference shall be given t o ------ shops.
101. Union Contractor Must Have Signed Agreement and Must Be Registered With
Union
No work shall be caused to be performed by a member of the [employers’
association] outside o f his own shop so long as the workers of his inside shop are
not fully supplied with work, unless the work is of a different nature or class
than performed in his own shop, and in any event no work shall be sent to any
contractor or submanufacturer unless such contractor or submanufacturer has
a written contract with the [international union] and complies with the terms
thereof.
In any event, no work shall be sent to any contractor or submanufacturer un
less such contractor or submanufacturer shall have been registered by the member
of the [employers’ association] with Local — and a copy thereof forwarded to the
[international union].
102. Company Right To Contract Work Without Regard to Union Membership or
Affiliation of Contractor's Employees
The company shall have the right at any time to enter into a contract or con
tracts with any person, firm, or corporation for plant repairs, changes, improve
ments, or major maintenance, or for the installation, removal, or changes of
machinery and equipment, provided that no company employees who are capable
of performing such work will be displaced, without regard to the union member
ship or affiliation of any person or persons employed by such independent con
tractor to perform such work.
103. No Contracting to Firm Struck or Picketed by Union Party to the Agreement
The employer shall not contract or subcontract any work to or from a metal
fabricator which the union has notified the employer is engaged in a strike with
the union, or to any metal fabricator which at the time of such contract or sub
contract is picketed by the union because of a strike by the union, providing,
however, the union agrees to unload from cars, trucks, or other conveyances
any material in transit at the time it goes on strike against such other metal
fabricator. There shall be no restriction on the use of any material except
prison-made and as noted above in this section.
104. Union To Furnish Substitute Contractor in Event of Labor Dispute With
Contractor
In the event that a contractor is unable to continue with any employer’s work
because of any labor dispute with the union which has occurred through no fault
MANAGEMENT FUNCTIONS
25
of the employer, the union agrees to furnish the employer with another satis
factory contractor within forty-eight (48) hours, and to permit such employer
to remove any materials belonging to such employer from the shop of such con
tractor. Should the union be unable to furnish such contractor within fortyeight (48) hours, the manufacturer may have his work made wherever he chooses
until such time as the union furnishes such contractor.
Maintenance of Agreement and Wage Standards
105. Contractors To Maintain Conditions Provided in Agreement
The employer shall require its contractors and subcontractors to maintain
the standard of wages and working conditions provided for in this collective
bargaining agreement with the [union], subject to the following conditions and
exceptions:
A. This provision shall not apply to a contractor or subcontractor during the
time that such contractor or subcontractor has a collective bargaining agreement
with his own employees.
B. This provision shall not apply to any contracts or subcontracts existing
prior to the effective date of this agreement, but shall only apply to contracts and
subcontracts entered into after the date of this agreement, and to renewals of
present contracts which are made after the date o f this agreement.
C. This provision shall apply only to contracts and subcontracts for the per
formance of logging and lumbering operations and shall not apply to building
construction contracts or other contracts outside the logging and lumbering
operations themselves.
D. Contracts and subcontracts for logging or woods operations shall be made
subject to the collective bargaining contract of the [union] only if the collective
bargaining contract of the [union] and the employer covers the woods or logging
employes.
E. This provision shall not apply to contractors and subcontractors performing
work which was not previously being performed by employes of the employer.
106. No Contracting To Avoid Contract Wage Scales; No New Subcontracts
During Periods of Lay-Off
The company will not contract with outside individuals or firms in order to
avoid payment of agreed salary rates for regular company work. The com
pany’s management retains its right to determine the best course to follow with
regard to expanding or contracting the regular working force. Nevertheless,
the company will enter into outside contracts for normal and routine work such
as laying mains and services or installing or regulating gas appliances only
when all employees engaged in such work are working full time and when the
work contracted for is of such a nature that it cannot be postponed. In case
lay-offs for lack of work occur in a line of work which is being performed under
a contract, the company agrees not to enter into any additional contract or con
tracts affecting that work, until all regular employees so laid off have been
returned to work.
The company will continue, as in the past, to employ architects and contractors,
as occasioned and fair outside business relations may require, for construction
and building operations and for special maintenance projects not regularly a part
.of its activities in producing and distributing natural gas. The company will not
undertake to regulate the conditions of employment which may prevail under
outside contracts or subcontracts covering such construction, building, or
maintenance.
829682°— 49-
-5
26
COLLECTIVE BARGAINING PROVISIONS
107. Contractor To Pay Prevailing Wages and Hours but Not Less Than Minimum
Job Rates Set by Agreement. Definition of Work to Which Contracting
Restrictions Apply
The company shall require a provision in all bids called for by it for work
to be performed within the refineries in the upkeep and repair of existing facili
ties which would otherwise be performed by employees to whom this agreement
applies, providing that the contractor or any subcontractor will pay for such
work at least the prevailing wage rate and abide by the recognized limitations
concerning hours of work in the same trade and character of work in the locality
where the work is performed, and that in any event rates o f pay (including
overtime rates) shall not be less than the minimum rates established by this
agreement for the same character of work, and that the hours of work shall
not exceed forty (40) hours per week without payment of overtime at not less
than the overtime rates established by this agreement.
The company will handle such above work with its available regular forces,
if practical to do so.
This article shall not apply to work in connection with the construction of new
facilities or additions to existing facilities; however, the actual connecting up of
existing refinery systems to any new plants or facilities shall be done by em
ployees covered by this agreement.
108. No Contracting of Work Customarily Done Unless More Economic and
Expeditious and Contractor Conforms to Agreement. For Other Outside
Work, Company Will Request Contractor To Pay Agreement Rates
All work customarily performed by company in its own plant and with its
own employees shall be continued to be performed by company unless in the
judgment of company it can be performed more economically or expeditiously
otherwise. In such cases the contractor shall be required to conform to the
applicable terms of this agreement.
This agreement is not intended to cover the employees of contractors who may
receive contracts from company to perform certain special work such as con
struction or installation of special equipment which is not ordinarily done by
the company. In such cases company will request such equipment manufacturers
or contractors to pay not less than the wage rates as set out in this agreement.
109. Employer Responsible for Wages Owed by Contractor
Whenever the contractor shall fail to pay his employees on the usual weekly
pay day (which must be at least once each week), the shop chairman and shop
committee shall at once give notice thereof to the union and the [employers*
association] and shall at once cause the workers to cease work, unless arrange
ments are made by the representatives of the [employers’ association] and the
union with respect to the continuance of the work. The wages due the workers
for the week immediately preceding such notice shall be paid to the union by
the manufacturer, or, if the work has been performed for more than one manu
facturer, by each manufacturer, pro rata.
110. Employer Responsible for Compliance With Agreement by Contractor
The manufacturer shall be responsible for the performance of all of the
terms of this agreement, whether the work is performed by him in his own shop
or for him in the shop of a contractor.
27
MANAGEMENT FUNCTIONS
REGISTRATION OF CONTRACTORS
111. Registration o f Contractors; Weekly Report of Work Done
Every member o f the [employers’ association] must register with the union,
through his association, the name and names of manufacturers, jobbers, or con
tractors for whom said member is performing work.
Each member o f the [employer’s association] shall submit through the [em
ployers’ association] to the union weekly a statement listing the names and
address of the manufacturers, jobbers, or contractors from whom they have
received or performed work, stating the style or lot number of each piece of
work, and the amount or dozens received during said week.
112. Registered Contractors Only.
in Registered Contractors
Mutual Consent or Arbitration for Changes
Contemporaneously with the execution of this agreement, the manufacturer
shall execute a registration statement which is hereby made a part o f this agree
ment and in which the manufacturer, among other things, shall register the
names of all contractors to be employed by him and the grades and prices of the
garments to be made by such contractors. The manufacturer shall re-register
all contractors registered by him immediately prior to the execution of this
agreement, unless the union consents to a change. The principle of registration
shall apply to contractors as well as to the manufacturer.
The manufacturer shall employ only such contractors as are registered on his
registration statement and shall pay the prices and comply with all of the terms
and conditions provided in such registration statement. No change shall be made
in the contractors registered by the manufacturer, either by the release or addi
tion of contractors, without the mutual written consent of the parties, and if
they cannot agree, the question shall be submitted to the impartial chairman
pursuant to paragraph — .
113. Regulation of Prices Prime Contractor Must Pay Subcontractor
A manufacturer, jobber, or wholesaler whose garments are made by contractors
or submanufacturers shall pay to such contractors or submanufacturers at least
an amount sufficient to enable the contractor or submanufacturer to pay to the
workers the wages and earnings provided for in this agreement, and in addition
a reasonable payment to the contractor or submanufacturer to cover his overhead.
114. Independent Study Made of Limitation of Contractors.
Only
Advisory Powers
The problems of the administration of the limitation of contractors provisions
contained in this collective agreement shall be studied by an independent research
body which shall have the power of conferring with and advising the union and
the associations under collective agreement with it, but which shall not have
any power to make changes or alterations in the contract. Changes and altera
tions with regard to the administration of the limitation of contractors pro
visions can be made only by mutual agreement of the contracting parties.
115. Impartial Chairmen Rules on Requests to Use Contractors.
Limited to Special Work
Contracting
Employers shall not manufacture or cause to be manufactured, in places other
than on the premises owned, operated, or leased by them, or purchase from any
other manufacturer any millinery, in whole or in part, sold, dealt in, or other
wise handled by such employers; nor shall such employers manufacture any
28
COLLECTIVE BARGAINING PROVISIONS
millinery for any other manufacturer engaged in the millinery business. How
ever, employers whose factory space and facilities are used to full capacity,
including work at overtime, in the manufacture of straw braid, pasted feather
and flower hats on their own premises, may in good faith, upon five (5) days
written notice given to the union and to the [employers* association], make
application to the impartial chairman for permission to have straw braid, pasted
feather and flower hats manufactured by, or purchased from, any other manu
facturer maintaining a union shop. The impartial chairman, upon the granting
of such permission, shall require the employers to register with the [employers’
association] and with the union the names and addresses of such union manu
facturers.
116. Union May Request Contractor To Post Cash Security To Assure Wage
Payment
At any time during the term of this agreement or any extension or renewal
thereof, the union shall have the right to demand of the contractor that he shall
deposit with the union cash security against the failure to pay his employees on
the usual pay day each week. Said cash security, however, shall not exceed the
sum equivalent to two weeks of the regular pay roll. Upon the failure of the
contractor within forty-eight (48) hours after demand to place such security the
union reserves the right to enforce this understanding in any manner that it shall
see fit, and such action on the part of the union, in the enforcement of this provi
sion, shall not be deemed or interpreted in any way as a violation of any of the
terms of this contract, any provisions herein contained to the contrary not
withstanding.
REGULATIONS IN CLOTHING INDUSTRY
In the clothing industry subcontracting has been especially preva
lent. Although many manufacturers carry on all the processes of
garment manufacture on their own premises, a considerable portion
o f garment manufacturing is done through jobber-contractors. The
jobber purchases the materials and does the designing and selling, but
the cut or uncut material is made into finished garments by the
contractor.
In order to eliminate cutthroat competition among contractors and
to prevent jobbers from sending work to substandard contractors,
some agreements require that each jobber must designate his contrac
tors and distribute his orders only among them.
H is list of permanent
contractors may be increased only if justified by greater volume of
business. Substitution of contractors may be prohibited, unless a
jobber changes his product.
I f the jobber is equipped to manufacture
garments, the agreement may permit work to be sent out to contractors
only if his own shop is fu lly supplied. Once the jobber-contractor
relationship has been established, many agreements provide for
apportioning available work in dull seasons among the contractors
and the employer’s inside shop on some equitable basis such as the
number o f machine operators.
29
MANAGEMENT FUNCTIONS
117. Detailed Regulations in Clothing Industry
Designation of Contractors.—For the purpose of eliminating substandard
conditions in the dress industry, and to aid in the stabilization thereof, and for
the further purpose of properly enforcing the terms and provisions contained
in this agreement, the parties hereto agree that every member of the [employers’
association] who deals with or gives work to contractors, shall confine his
production to his inside shop, if he maintains one, and to the number of contrac
tors actually required by him to manufacture his garments, who have been
designated by him in the manner hereinafter provided, and that such contractors
shall work only for members of the [employers’ association] designating them.
*
*
*
*
*
*
*
Permanent Contractors.—All contractors who were the designated contractors
of a member of the [employers’ association] as of February 28, 1947, shall con
tinue in the same manner to be the contractors designated by such member under
this agreement provided the said contractors conduct and continue to conduct
union shops.
Additional Contractors.—A member of the [employers’ association] shall have
the right to designate an additional contractor or contractors, when his inside
shop, if he maintains one, and all of his designated permanent contractors are
fully supplied with work, and such member actually requires an additional
contractor or contractors because of an increased volume of business, and the
administrative board approves of an additional designation. In order to obtain
an additional contractor, the member shall make written application therefor,
through the [employers’ association], to the administrative board, the union and
the association of which the contractor is a member, in which there shall be
stated the name and address of the contractor sought to be designated and
whether the designation is intended to be a temporary or permanent one, and,
if temporary, the period thereof. The administrative board shall render its
decision within two (2) days after receipt of notice of application, and if it
approves an additional designation, the contractor named shall be deemed a
designated permanent or temporary contractor of such member, in accordance
with the terms contained in the application, unless otherwise specified by the
administrative board.
A member of the [employers’ association] shall not be permitted to have more
than one temporary contractor at any time, unless he obtains in advance the
consent therefor from the administrative board.
Division of Work.—A member of the [employers’ association] who deals with
and gives work to contractors, and who does not maintain an inside shop, shall,
when there is insufficient work for all his contractors, distribute his work on the
basis of the number of machine operators employed, equitably to and among his
contractors, with due regard to the ability of the contractors and the workers
to produce and perform.
A member of the [employers’ association] who maintains an inside shop and
deals with or gives work to contractors, shall, when there is insufficient work,
distribute his work on the basis of the number of machine operators employed,
equitably to and among his inside shop and to such permanent contractors
designated by him as work exclusively for him, and to such other permanent con
tractors hereafter designated by him, with due regard to the ability of the con
tractors and the workers to produce and perform.
30
COLLECTIVE BARGAINING PROVISIONS
Substitution of Contractors.—If a member of the [employers’ association]
shall at any time change the character of his product, and the contractors
designated by him or any of them shall be incapable of meeting his changed
requirements, he shall have the right to substitute such other contractors in
place of those incapable of meeting his changed requirements. Such substitution
shall not be made until after the decision of the administrative board on notice
and hearing within forty-eight (48) hours.
Discharge of Contractors.—A member of the [employers’ association] shall
have the right to discharge a designated contractor for the following reasons
only: (a) General poor workmanship; (&) late deliveries, in which event, simul
taneously with the discharge, the member of the [employers’ association] shall
file, through the [employers’ association], with the administrative board, the
union, and the association of which the contractor is a member, a full and com
plete statement specifying the particulars upon which the discharge is based.
Upon complaint by the union or the association of which the contractor is a
member, the administrative board, and upon its failure to agree, the impartial
chairman shall review the facts in connection with the discharge at a hearing,
upon notice to the union and the other parties involved. The hearing shall be
held and a decision rendered within forty-eight (48) hours after the receipt
of the complaint. Pending the decision, the member of the [employers’ asso
ciation] shall not designate or send work to any new contractor. If the discharge
is found to have .been unjustified, either because of failure of proof or because
the acts of the contractor were insufficient to justify the discharge, the desig
nation shall be immediately restored to the contractor and sufficient work given
to him to make up the losses which he and his workers sustained. A member of
the [employers’ association] who twice unjustifiably and in bad faith discharges
a contractor, shall thereafter be required to obtain approval from the admin
istrative board before taking such action again.
Exclusive Designation.—A contractor shall work exclusively for the member
of the [employers’ association] designating him, unless otherwise approved by
the administrative board.
Sales by Contractors Prohibited.—No contractor shall distribute or sell,
directly or indirectly, garments to any other manufacturer, jobber, wholesaler,
retailer, or consumer.
OTHER CLAUSES
118. Employee Given Leave To Work for Contractor Retains Seniority
Employees granted leaves of absence to work for a contractor performing
services for the employer shall retain their seniority on the same basis as though
they had continued to work for the employer.
119. Company To Endeavor To Place Its Laid-Off Employees With Contractor
In all operations where contract work is necessary, the company agrees to
use its best offices to the end that the contractor employ any available former
employees of the company who have been laid off or who are temporarily without
work and who are qualified, and that the contractor pay at least the equivalent
c f the wages of employees of the company in the same classification, and that
when overtime is paid it shall not be less than time and one-half. Nothing in this
section, however, shall require the company to take any action which, in the
opinion of its legal counsel, may affect the legal status of the contractor as an
independent contractor.
C h a p t e r 2 .— U n io n F u n c t i o n s , R i g h t s , a n d R e s p o n s ib il it ie s
Introduction
Under collective bargaining agreements, unions and their officers
and members generally are authorized to engage in certain activities
on the employer’s premises.
They are granted access to certain facili
ties and records o f the employer to the extent that both parties agree
is necessary or useful to the proper exercise of the union’s function as
bargaining representative. Union officials who are not employees may
be allowed to visit the plant and confer with employees.
The union
may post notices on bulletin boards. The wearing of union insignia
on the employer’s property may be specifically permitted. In some
instances, the union may be given access to financial data and other
records o f the employer if such information is useful in properly
carrying out the terms of the agreement.
Both the National Labor Relations Board and the courts have recog
nized the right of a union to carry on certain activities on the employ
er’s property. A t the same time, to safeguard management’s property
rights and to maintain discipline, some restrictions on or regulations of
the kind and extent o f activities permitted are generally agreed upon
in collective bargaining. For example, solicitation or organizational
work or other union activity which might cause loss o f time and inter
fere with production is usually prohibited by union agreements. In
return for a promise from the employer of nondiscrimination for union
membership or activity, the union may pledge itself not to practice
intimidation or coercion in persuading employees to join the union.
These mutual pledges are usually linked in the same clause. In essence,
such clauses restate the statutory restrictions imposed on the parties
by Federal law.
A number of agreements contain clauses which forbid employer or
union discrimination because o f race, creed, or color, in addition to dis
crimination for union membership or activity.
Some o f them reiterate
obligations imposed by several State fair employment acts.
Union labels and union shop cards are used extensively in some in
dustries as a method of encouraging consumers to buy the products or
services o f employers who maintain “ union” conditions o f employment.
Regulations governing the use and display o f the labels and shop cards
are often incorporated in the agreement.
31
32
COLLECTIVE BARGAINING PROVISIONS
Scope of Union Activities on Company Time and Premises
Unions generally try to obtain as much latitude as possible for their
members to distribute literature, to solicit new members, and to collect
dues ( if there is no check-off system) in the plant during working
hours, provided work is not interfered with. However, some union
agreements prohibit all union activity, other than the handling of
grievances, in the plant on company time. Others state merely that no
union activity shall take place during working hours, and this presum
ably leaves employees free to participate in union activity on their own
time on the employer’s premises. Some distinguish between union
organizational activity and casual conversation on union matters. In
certain cases, union activity is specifically authorized on the employer’s
property during the employee's free time— a type o f activity permitted
under National Labor Relations Board rulings. Other agreements
prohibit or restrict union solicitation and dues collection on company
time but permit such activity on company property. Often agreements
contain only a general prohibition o f any union activity on company
premises which interferes with production.
In some plants, under agreement, the union is allowed office space for
keeping books and records, and, in others the union is allowed to hold
elections for officers on company property.
Related clauses deal with the right of employees to wear such union
insignia as badges and dues buttons, while at work. This right may be
expressly set fo r th ; under some agreements, however, the employer’s
permission must be secured. Company rules forbid the wearing o f
union insignia in some establishments.
(H andling of grievances during working hours will be discussed in
a forthcoming bulletin on grievance adjustment, and collection of
dues on company premises is discussed in Bulletin No. 908, Union
Security Provisions.
1. No Union Activity During Working Hours
It is agreed by the union that there shall be no trade-union activities during
working hours.
2. No Union Activity on Company Property During Working Hours
No union activities shall be conducted on the premises o f the company during
working hours.
3. No Mass Union Activity on Company Property
The union also agrees that its members will not engage in any mass union
activity on company property.
4. No Union Activity Which Interferes With Production
No employee shall engage in any union activity or union business during work
ing hours in any manner which shall interfere with production.
UNION FUNCTIONS, RIGHTS, AND RESPONSIBILITIES
33
5. Ban on Specified Union Activities on Company Time and During Working
Hours
No employee shall engage in any union activity, solicit union membership, or
collect union dues on company time and during working hours.
6. No Solicitation of Membership During Working Hours
The union reserves the right to solicit membership in accordance with the
provisions of the National Labor Relations Act, it being agreed that no solicita
tion for union membership shall be carried on during work hours.
7. Union Activity Including Passing of Petitions Banned; Dismissal for Viola
tion of Rule
No solicitation of union membership will be permitted during the company’s
time, nor shall any of the company’s facilities be employed for that purpose.
Furthermore, the passing around o f petitions for employee’s signatures, not
authorized by the company, by individuals or groups during working hours or
upon the company’s premises at any time is strictly prohibited. Employees dis
regarding such rules will be subject to dismissal.
8. No Dues Collection on Company Property; Solicitation of Membership Not
To Interfere With Production
The union agrees that there will be no solicitation or collection of dues on the
property of the employer. The union further agrees that there wiH be no solici
tation of union membership in any manner which will interfere with the produc
tion or the proper operation of the plants.
9. No Union Activity on Company Property During Working Hours Without
Written Consent of Company. Working Hours Do Not Include Lunch Period
or Time Before and After Work
No employee covered by this agreement shall carry on union business during
the working hours of the employees within the mill premises without written
consent of the company, except as otherwise provided in this contract, provided,
however, that this shall represent no abridgment of the right of discussion by
employees. It is also agreed that both parties will discourage as a matter of
policy any intimidation or coercion on the part of any employee with reference
to any union or nonunion activity. Provided that the term working hours shall
not include time before and after work or during the lunch period of the em
ployees involved, or that the above clause does not restrict the operation of the
grievance procedure as provided in the agreement.
10. Union Business by UVAon Representatives Permitted on Company Property
During Working Hours Provided No Interference With Production. No
Union Meetings at Any Time Without Company Consent, Except for
Grievance Committee
Employees who are either officers or stewards o f the union may transact union
business on company property during working hours so long as such activities do
not interfere with the operation of the workshops. Union members shall not
however hold meetings of any kind for the transaction of union business or other
wise on company property at any time without the specific consent of the com
pany, with the exception that meetings of the shop committee may be held during
working hours on company property for handling of grievances at the times
specified in section V hereof, or for the preparation of matters for cohsideration
with the management of the company as occasion may require, so long as such
meetings do not interfere with the operation of the workshops.
34
COLLECTIVE BARGAINING PROVISIONS
11. Dues Collection and Membership Solicitation Permitted on Company Property
at Specified Times on Employee’s Free Time
The union business transacted on the property of the company shall be con
fined to the adjustment of grievances. However, the shop stewards of the union
shall have the right to collect dues and sign up new members on company property
during the midday recess for lunch or before any shift starts to work, providing
that the shop stewards and the employees are off duty.
12. Listing of Union Activities Permitted at Specified Times
The company will not interfere with the right of employees to join the union
or engage in union activities and the union agrees that its representatives and
members will not carry on such activities on company time or during working
hours on company property or in such manner as to interfere with the efficient
operation of the plant. It is, however, permissible to collect union dues and
solicit union membership before and after working hours or during the dinner
period and distribute literature after working hours in the vicinity of the time
clocks on company property,
13. Union Organizational Activities Allowed Outside Worktime in Designated
Areas. Activity Limited to Small Groups
Neither the union nor its members shall carry on union activities on company
premises or on company time, except that union members, who are also em
ployees, may* solicit members and carry on similar union organization work
outside of working periods in space where no company operations or adminis
trative work is performed, provided that such solicitation and organization
work shall be limited to small groups of employees (not to exceed eight) and shall
not interfere with the operations of the company or the use of the space by other
employees for the purpose for which the space is intended.
14. Handling of Grievances Permitted.
if Not During Work Hours
Occasional Collection of Dues Permitted
The union agrees that there shall be no union activity on company time. This
shall not prevent the handling of grievances by stewards or the grievance com
mittee during working hours as herein provided, nor shall this prevent the oc
casional collection of union dues from individual workers provided they are not
collected during working hours. Any concerted action to collect dues in the
plant which hinders or prevents employees from working shall be a violation
of this agreement.
15. Casual Conversation on Union Matters Permitted
The union agrees that there shall be no solicitation for membership in the union,
signing up of members, collection of dues, meetings,, or other business activities
o f the union on company tim e; provided, however, this shall not be construed to
prohibit casual or personal conversation about the union and its activities.
16. Company Provides Office for Union
During the term o f this agreement, the company will afford the union space
for a union office. The union agrees that such space shall be used only as a
union business office and for the safekeeping and maintenance of its books and
records but without any responsibility whatsoever on the part of the company
with respect thereto, and that such space will be kept in good order and condi
tion by the union.
UNION FUNCTIONS, RIGHTS, AND RESPONSIBILITIES
35
17. Voting for Union Officers in Plant
During June 1948, voting for local union officers shall be held in the plant.
Ballots shall be distributed by shop stewards on each shift or by a special bal
lot committee appointed by the union. There shall be three ballot boxes placed,
one in each clock room, to receive the ballots when employees are leaving the
plant The ballot boxes shall be so placed to receive ballots at an alloted time
to be designated prior to the election by special notice.
18. Union Elections at Plant Allowed, Provided No Interference With Production
It is agreed with respect to the election of the officers of the union and/or the
grievance committee and/or the negotiating committee o f the union that such
elections shall be held at the employer's plant by written ballot and all members
o f the union shall be given an opportunity to participate therein. The holding
o f such election shall not interfere with production.
19. Company Prohibits Anti-Union Activity in Plant
The union agrees that they, any of their representatives, members or com
mittee will not coerce or intimidate employees with regard to membership or
nonmembership in the union and will in no way solicit or attempt to solicit
membership nor carry on union activity in the plant during working hours, ex
cept as provided for in the grievance procedure of this agreement.
Working hours not to constitute lunch hour, before, or after work. No meet
ings, however, to be held on plant premises.
The company will not permit any individual employee or group o f employees,
whether union members or nonunion, to carry on any anti-union activity in the
plant or disrupt the peaceful relations existing between the company and union.
20. Wearing of Union Buttons Permitted
The members of said [union] shall be allowed to wear their union buttons on
duty at all times.
Visits b y Union Representatives
Union representatives who are not employees o f the company are
often allowed to visit the plant or office. In some industries, such as
the building trades, union representatives generally can walk in and
out o f a property under construction, at will. In plants closed to the
public, visits by outside union officials may be permitted only under
certain conditions and on specific occasions. Generally, the purpose
is to avoid interference with production and to insure that only au
thorized persons have access to the firm’s plants and operations.
The union representative may have to request specific authorization
for each visit and perhaps be accompanied by an employer representa
tive.
In some instances, special passes must be obtained.
Some agree
ments allow the u n io n representative to confer with any employee
in a private office.
In large mass-production establishments, a shop
steward or committee system may be established in order to process
grievances and to maintain contact with individual employees.
This,
however, does not necessarily exclude outside union officials from
36
COLLECTIVE BARGAINING PROVISIONS
entry to investigate grievances or to assist the local union in its dis
cussions with management. The functions o f shop stewards in ob
serving compliance with the agreement and in investigating and
handling grievances under the grievance procedure and the partici
pation o f union officials who are not employees in negotiations are
discussed in a forthcoming bulletin on grievance adjustment.
In some agreements, the tim ing o f the visits is either not restricted
or it is stated merely that visits may come at reasonable times and are
not to interfere with production; others limit the number or length o f
visits. The number o f representatives who may be in the plant at
one time may be restricted. W here a hazard exists, the agreement
may require adequate insurance .coverage by the union in order to
protect the company against any loss by or injury to the union repre
sentative.
Plant visits by union representatives are normally limited to pur
poses relating to the agreement or the handling o f grievances. Con
ferences and interference with employees during working hours are
not generally permitted. Some agreements state the purpose o f plant
visits in general terms. Others state that visits are permissible to
check compliance with the agreement, to investigate working and
sanitary conditions, to study new operations and projects, etc.
21. Representatives Admitted Upon ’N otifying Office
Representatives of the union shall be admitted to the company’s plant upon
notification to the plant office.
22. Visits To Be Prearranged and Limited to Department in Which Grievances
Are Involved. Visitor May Be Accompanied by Company Representative
The international president of the union or his representatives shall have
access to the company’s ------ plants in order to contact foremen, employees, or
members of the joint grievance committee on matters pertaining to any grievance
arising under this contract. Such visits to the plants must be prearranged with
the director of industrial relations or some other representatives designated by
the company for such purpose, so as to avoid interference with the operations
in any department. The company may designate someone to accompany these
representatives on such visits. The company, through plant officials, will pro
vide plant passes in such manner that no such representative of the international
union shall be inconvenienced when he wishes to make such a visit, provided
arrangements have been previously made with the director of industrial rela
tions. Such visits shall be confined to departments in which grievances are
involved, .and shall not extend to departments not covered by this agreement,
or to experimental research, testing, and other departments where confidential
information is contained.
23. Visits by International and Local Union Officials Not Confined to Any Single
Part of Plant
The general president of the [union] and/or his representatives and the
president or vice president of the local union shall have access to the plants
during working hours in order to contact foremen, employees, or members of
the industrial relations committee on matters pertaining to this agreement.
UNION FUNCTIONS, RIGHTS, AND RESPONSIBILITIES
37
It is understood that visits to the plant by those representatives of the
{union] should better the relationship between its members and the manage
ment, and the management agrees to provide, through plant officials, passes
in such a manner that no representative of the [union] will be inconvenienced
when he wishes to make such a visit.
It is understood that visits to the plant do not have to be confined to any
certain part of the plant and may be extended to other departments.
24. Union Representative Accompanied by Employer Representative on Visits
The business agent, or other duly authorized representative of the union, shall
be permitted, escorted by a representative of the employer (unless such union
agent or representative be an employee of the employer), to talk on the job
with employees subject to this agreement for the purpose of ascertaining whether
or not this agreement is being observed by all parties and to assist in handling
grievances. This privilege shall be exercised so that no time is lost to employer
unnecessarily and shall be contingent upon permission first being obtained from
the plant manager or the personnel manager.
25. Union Visits to Plant Subject to Company Regulations and Military Security
Rules
The business representative of the union shall have access to the company
plant during working hours for the purpose of investigating grievances. He shall
obtain from the company specific authorization for each visit and such visit shall
•be subject to such regulations as may be made from time to time by the company,
the United States Army, and the United States Navy. The company will not
impose regulations which will exclude the business representative from the plant
nor render ineffective thd intent of this provision.
26. Visits by International Representatives for Top-Step Grievances Subject to
Governmental Regulations
An international representative of the union shall be granted access to the
plants of the company for the purpose of investigating grievances which are
being considered by the union and the company at the third or fourth step of
the grievance procedure; provided such investigations do not conflict with any
Government regulations and are in accordance with general rules agreed upon
by the company and the union.
27. Visits at Any Time Occasion Requires
The authorized representative of the union shall be permitted to enter the
workroom when the occasion requires.
28. Visits at Any Time Issue Is in Dispute; Otherwise, Visits Once a Week
a. The business agent shall have access to the plant at any time when some
issue is in dispute.
b. The business agent shall have access to the plant once a week, regardless of
whether or not there is any issue in dispute.
c. At all times, the business agent, before having access to the plant, shall first
present himself to the office of the management.
d. While in the plant, the business agent shall not interfere with nor attempt
tt retard production in any manner.
29. Observe Working Conditions During Hours; Confer With Employees Outside
of Working Hours
The union agrees that there shall be no solicitation for membership or any
union activities during the working time of the employees. Duly accredited
38
COLLECTIVE BARGAINING PROVISIONS
representatives of the union may enter the building of the employer during
working hours to observe working conditions, and outside of working hours to>
confer with the employees.
30. Limitations on Number and Duration of Visits.
Company Employee
Union Officer Must B e
The president of the local, or in lieu of the president, the vice president or any
other officer designated by the union, shall upon the request of the union have
admission by pass from the employer to any or all plants of the employer governed
by this contract, during working hours for the purpose of ascertaining whether or
not this agreement is observed by the parties, provided that the officer making
such visitation is an employee on the active pay roll of the company. These
visits shall not be more frequent than once a month to each plant and shall not
exceed two (2) hours.
31. Visits Once a Month, and Not More Than Three Representatives Each Visit
Employer agrees to recognize and deal with such representatives of the em
ployees in its shops as the union may elect or appoint, and further agrees to permit
duly accredited representatives of the employees elected or appointed by the
union to visit its factory or shops at any time during working hours. These
visits shall be confined to one (1) each month and there shall be not more than
three (3) union representatives on each visit.
32. Visits Allowed Outside Regular Hours and on Weekends and Holidays, if
Operating, To Check Compliance With Hours Provisions
A committee of two members of the union, unaccompanied by any represen
tatives of the association, shall be permitted to visit the shops of members of the
association, wherever located, before and after regular working hours of any
day and on Saturdays, Sundays, and holidays, if the shop is open, or if any person
is on the premises, for the purpose of ascertaining whether the hour and workday
provisions of this agreement are being fully complied with.
83. Scope of Activity and Time of Visits by International and Local Union
Officials Differentiated
An authorized officer o f the international [union] shall have access to the
factories at all reasonable hours upon application to the authorized represent
ative of the employer for the purpose of investigating working and sanitary con
ditions in compliance with this agreement. Such investigation shall he con
ducted without interference with production or work in the employer’s plants.
The president, or other officer of the local union, shall confine his activities in
the investigation of alleged grievances or the conduct of other union affairs to
the lunch periods only, except when otherwise agreed to between him and the
employer.
84. Detailed Procedure for Individual Visits
* * * The regional director or a specified representative and the director
of the [company division] of the international union or a specified member of
his staff will be granted permission to visit the plant for the purpose of investi
gating the specific grievance involved in “ Statements of Unadjusted Grievance,”
providing such a grievance is of the nature that observation or investigation will
aid in :
(1) Arriving at a decision as to whether or not a grievance exists;
(2) Arriving at a decision as to whether or not such grievance shall be appealed;
(3) The purpose of its proper presentation in the event of appeal.
UNION FUNCTIONS, RIGHTS, AND RESPONSIBILITIES
39
Such visits will occur only after the following procedure has been complied with :
(a) The names of the individuals who will be permitted to enter the plant must
be submitted in writing to local management previous to the date such en
try is reguested. Such names will be submitted to the [company] by the
[company division] o f the international union.
(&) The regional director shall give notice in writing to plant management of
the request for entry and will identify the representative whom he wishes
to make the visit and the specific grievance to be investigated. In the case
of the director of [company] department or a specified member o f his
staff, notice may be given either verbally or in writing.
(o) Plant management will acknowledge receipt of the request and set a time
during regular working hours which is mutually agreeable for such visit.
(d ) A member of the shop committee or a district committeeman may accom
pany the union representative during such visit should he request their
presence. Management representatives may accompany the union rep
resentatives during such visit.
(e) Only one such visit on a specified grievance shall be made by the regional
director or his specified representative unless otherwise mutually agreed
to.
( / ) Such visit shall be restricted to the time mutually agreed upon in point (c)
above and shall be of reasonable duration and shall be subject to all plant
rules and regulations which apply to employees and all regulations made
by the United States Army, Navy, and Federal Bureau of Investigation.
It is mutually agreed that the purpose of this provision is solely to. facilitate
the operation of the grievance procedure; and that the union representative
shall confine his visit to its stated purpose. If it is necessary the union repre
sentative may interview the employee or employees signing the grievance.
35. No Special Permission Required and No Interference by Employer
Representatives of the union may carry on investigations or inspections at
any operating unit of any station without special permission from the employer,
and free from interference by the employer. Such investigation or inspection
shall be carried on at reasonable hours and in such manner as not to interfere
with the normal operation of the station.
36. Permanent Passes to Plant for Members o f Bargaining Committee and
President
That if said committee or officers desire to enter the plant during the hour be
tween 8 a. m. and 5 p. m. they will first contact the chief plant executive in the
office; during any other hours, they will receive passes from the plant official in
charge either at the office or plant gate; permanent passes will be provided for
the members of the bargaining committee and president.
37. Presentation of Credentials Prerequisite for Visit
The union reserves the right to send their representatives with proper creden
tials to the various camps to inspect and report conditions and grievances. A
sufficient number of true and correct copies of proper credential cards, and the
names of representatives, shall be furnished to the association for its members
within thirty (30) days from the date of this agreement, and from time to time
as appointed or changed, and any person claiming to represent the union shall
present such proper credentials to the foreman and if he does not do so, he may
be refused admittance to the camp.
40
COLLECTIVE BARGAINING PROVISIONS
38. Union Required To Insure Visiting Representatives
The company shall issue a pass to the designated representatives of the union
to board the vessels and enter the company docks for the purpose of consulting
with the unlicensed personnel employed thereon provided:
(a) Union representatives shall not violate any provision of this agreement or
interfere with or retard the work of the vessel subject to penalty of revocation
of the license or pass granted herein.
(&) Insofar as possible, the work of the union’s representative on board vessel
shall be accomplished within 2 hours.
(c ) That the company assumes no responsibility for securing passes to or
through property owned and controlled by others.
( d) That the union shall take out insurance which will protect the company
and/or its agent, charterer, operator, and subsidiary or affiliated companies from
any claim, loss, damage, or liability for loss of life or injury occurring to a repre
sentative of the union, while on the property or aboard any vessel owned,
chartered, or leased by any of the afore-mentioned parties. Evidence that such
insurance has been taken out, and is in force, shall be submitted to the company.
39. Visits Not To Interfere With Employee's Duties
Duly authorized representatives of the union shall be permitted to visit the
employer’s stores for the purpose of observing conditions under which members
of the union are working and to see that the terms of this agreement are being
observed: Provided, however, That such visits shall not interfere with the duties
of the employees.
40. Purpose: Transaction of Union Business
The duly authorized representative of the union shall have the right to visit
the plant of the employer at all reasonable times for the transaction of union
business.
41. Purpose: Legitimate Union Business Within Scope of Agreement
The company will meet with the duly accredited representatives of the union
in all matters of mutual interest and agrees that the union representative whom
the union has assigned to attend regularly to union business at the refinery shall
be given a pass entitling him to access to the refinery during business hours when
the refinery is operating, for the purpose of attending to legitimate union busi
ness proper for consideration at the plant and coming within the purview of this
agreement; it being understood, that this privilege will not be abused and that
there shall be no collection of union dues on company time.
42. Purpose: Check Compliance With Agreement
The union representative shall have the right to visit the premises of the
employer during working hours, to audit the books of its members, adjust labor
relations, examine the pay roll, when necessary, in order to ascertain that this
agreement is being complied with. The employer and the union agent will facili
tate this provision so that there will be the least interference or interruption with
work.
43. Purpose: Discussion of Grievances
In the event that a grievance exists at any time during the term of this agree
ment, a representative of the union shall have access to the plant during working
hours for the purpose of discussing such grievance with the employees involved;
Provided, however, That such discussion shall not interfere with the operations of
the plant; And provided further, That such representative of the union will clear
UNION FUNCTIONS, RIGHTS, AND RESPONSIBILITIES
41
through the regular channels of the employer for receiving visitors. On any
visit to the plant the representative of the union may be accompanied by a repre
sentative of the employer.
44. Purpose: Investigation of Sanitary Conditions
An authorized officer of the union shall have access to the factory during
business hours upon reasonable notification to the company %for the purpose of
investigating conditions of the factory in regard to sanitation and for the purpose
of ascertaining if the provisions of this agreement are fully complied with.
45. Purpose: Collect Dues; Observe Application of Agreement; Adjust Grievances
The company agrees to admit to its plant at all reasonable times the authorized
representative of the local for the purpose of collecting dues, observing the
application of this agreement, and adjusting grievances. These activities are to
be discharged in a manner that will avoid unnecessary loss of time or disruption o f
working schedules. The local representative shall advise the company of such
visits by notifying the plant office before or at the time of entering the plant
46. Purpose: Investigation of New Operations or Projects
The business agent of the union, upon specific request to the company, shall be
allowed to enter the plant for the purpose of investigating any new operations or
projects or any grievance that has been referred to the company. In addition,
the business agent shall have the right to enter the plant once a week provided
that such entry does not interfere with production.
47. Visiting Business Agent May Interview an Employee in Private Office
The business agent, or qualified representative o f the union, shall be allowed to
visit the employer’s plant for the purpose of ascertaining whether or not this
agreement is being observed. This right shall be exercised reasonably. The busi
ness agent or qualified representative of the union shall report to the management
at the office before proceeding to the plant. In the event he wishes to interview
an employee, he shall be permitted to interview him privately in the office. In the
event the business agent wishes to go through the plant, the employer may send a
representative to accompany him. He shall not interfere with the normal conduct
o f the work in the plant.
48. Denial of Right of Entry Subject to Arbitration
The business representative or some other duly authorized union representa
tive may visit the plant during operating hours for purposes consistent with this
agreement providing he first obtains permission from the management. I f such
permission is denied, the question may be referred to arbitration.
Access to Company Records
In order that the union m ay keep informed concerning existing
wage rates and working conditions and to permit a check on com
pliance with contract terms, many agreements require the employer
to make available to the union records o f the wage rates, changes in
the rates, current and new job descriptions, timekeeping records, and
other instructions and data relating to hours, wages, or working condi
tions.
In some instances, the union is accorded the right to examine
the employer’s books to determine compliance with contract terms as
42
COLLECTIVE BARGAINING PROVISIONS
to rates or earnings o f the employees, etc. I f a bonus or profit-sharing
system is established by the agreement, the union may be authorized
to inspect the financial records of the employer. Other types o f in
formation made available to the union, under some agreements, in
clude lists o f new and discharged employees; information concerning
lay-offs, recalls, transfers, demotions, and suspensions; copies o f papers
showing leaves o f absence granted by the company; apprenticeship
records, etc.
Entries in an employee’s personnel file (relating to his conduct,
efficiency, or other factors which might affect his opportunities for
promotion or which m ay result in discipline or discharge) are some
times open to inspection by the employee or his union representative
and, in some cases, are subject to appeal through the grievance-arbi
tration procedure.
49. All Books and Records Showing Pay Rolls, Labor Cost, and Production
Available to Union on Request
Upon the request of the union, the members of the association shall exhibit
for examination all books and records showing pay rolls, labor cost, and pro
duction for the purpose of ascertaining whether the provisions of this agreement
are fully complied with. Such examination shall be made during reasonable
business hours. Failure to comply with this request shall be deemed a violation
of this agreement
50. Union May Examine Books Monthly and Oftener if It Believes Rules Being
Violated
The union shall have the right once a month during the life of this agreement
to examine the books and records of every member of the [employers] associa
tion in order to ascertain whether the provisions of this agreement are fully
complied with by such member. Such examinations may be made through an
accountant or another representative of the union and representative of the
association. Between and aside from such examinations, the union shall also
have the right to examine the books and records of the association members as
above provided, whenever it shall have reason to believe that such member has
dealings with nonunion or nondesignated contractors, and files a request for
such examination on the same ground with the association. Such examination
shall be undertaken immediately upon the receipt o f the request.
Should a
member of the association refuse to produce his books or records upon the
request of the representative of the union in the manner above provided, or
to allow such representative of the union to have access to such books or
records, or should it appear that such books or records have been falsified in
order to conceal dealings with nonunion or nondesignated contractors, or other
wise to mislead the union, such association member shall automatically forfeit
all rights and privileges under the agreement.
51. Employer To Furnish Yearly Copy of Balance Sheet and Profit and Loss
Statements
For the better carrying out of this agreement the employer agrees to furnish
to the union at least once a year a copy of its balance sheet and profit and loss
statements.
■ONION FUNCTIONS, RIGHTS, AND RESPONSIBILITIES
43
52. Arbitration Board To Supervise Union Examination of Employer’ s Books
and Records
The employer agrees that he will permit Local No. — full and every oppor
tunity to examine and investigate the books and records of the employer, for the
purpose of ascertaining if the employer is in fact living up to the provisions
and conditions of the agreement. Such investigation shall, however, be con
ducted under the supervision and upon the direction of the board o f arbitration.
53. Detailed Wage Information Concerning Incentive Workers Available on Request
Wage Information: Upon the request of the union, the company agrees to sub
mit the low, high, and average hourly earnings, exclusive of overtime and bonus
payments, of piece and incentive rate employees by job classification and the
number of employees in each job classification, for any reasonable period neces
sary to resolve grievances.
The company will provide the union and keep up to date a list o f all rates,
classifications, and job descriptions in the mill. Any changes effected in ex
hibit B through negotiations or arbitration, pursuant to the provisions of this
article, shall be reduced to writing and attached to exhibit B as an amendment
thereto.
54. Wage Rates, New Rates, and Changes Furnished Union
All rates, new rates, and rate changes, when finally established, shall be fur
nished to the union.
The corporation agrees to furnish the union with a copy o f the quarterly Social
Security report when requested.
55. Union Given Information on Job Classification and Rate Structure; Quarterly
Information on Earnings
Within 10 days after the execution of this agreement, the employer shall fur
nish the union with a statement containing the following information covering
jobs for all employees under this agreement.
(1) The job classifications and job rate, or rate range.
(2) Written statement of employer’s job classification system.
(3) All proposed changes or additions shall be subject to negotiation and
agreement with the union before becoming effective.
(4) The company’s files on job descriptions shall be available to the union
at any time upon request.
Within 10 days after the execution of this agreement and thereafter quarter
annually, the employer shall furnish the union with the following information
covering all employees under this agreement. Such information shall be com
puted on a quarter annual basis.
(1) Gross plant straight-time average hourly earnings.
Copies o f all instructions on matters affecting wages, hours, and working con
ditions issued by the employer to its supervisory staff shall, upon issuance by
the employer, be mailed to the union.
56. Timekeeping Records Open to Inspection
The employer agrees to maintain an adequate system of timekeeping, records
of which at all times shall be open to inspection by the union shop committee or
any duly authorized representative o f the union.
44
COLLECTIVE BARGAINING PROVISIONS
57. Timekeeping Records Open to Inspection with Employee's Consent
The employer agrees to maintain an adequate system of timekeeping, records
of which at all times shall be open to inspection by the shop steward or any duly
authorized representative of the union, with the consent of the employee or
employees involved.
58. Time Records Available to Union. Union May Install Own Timekeeping Sys
tem if Employer’s Is Unsatisfactory
Employers shall provide a satisfactory means of registering the reporting time
and the quitting time, the records of which shall be accessible to the business
representative of the union at all times during working hours. The union shall
have the privilege to install its own timekeeping system if the employers’ system
is found unsatisfactory.
59. General Instructions Affecting Hours, Wages, and Working Conditions Is
sued Union
The company will furnish the locals and the union with copies of general in
structions issued by the company which affect hours, wages, or working conditions.
60. Record of New Employees, Discharges, etc.
The employer shall furnish promptly to the union on a mutually agreed upon
form notices of new employees, quits, discharges, lay-offs, recalls, leaves of ab
sence, and the reasons therefor.
61. Inspection of Personnel Records—By Employee or Representative, in Pres
ence of Company Representative
In the presence o f company representatives, all records pertaining to an em
ployee’s service record with the company shall be open at reasonable times during
regular day office hours to inspection by the employee or any union representative
he designates.
62. Inspection of Personnel Records—By Employee or Representative, if Em
ployee Present
The personnel and service records of an employee shall be open for inspection
by the employee, or by his duly authorized representative when the employee
is present.
63. Data on Grievances Concerning Production Problems
Whenever grievances arise concerning production problems supervision shall
make available to the plant committeemen all data concerning such grievances.
Bulletin Boards
Adequate channels for the dissemination o f notices and announce
ments are almost always sought by unions.
The bulletin board is
one o f the most commonly used means o f communication.
The
importance o f such a medium is apparent particularly where the fac
tory or plant covers an extensive area, where second shifts o f workers
are employed, or in cases in which the workers’ homes are widely
scattered, and the bulletin board provides a principal source o f contact
with the membership.
Union agreements reflect widespread adoption
o f the privilege o f unions either to use company bulletin boards or to
use special bulletin boards provided by the company fo r the union’s
UNION FUNCTIONS, RIGHTS, AND RESPONSIBILITIES
45
exclusive use. The number o f boards allowed often varies with the
size and physical lay-out of the establishment. Some agreements
prescribe the number and location o f the bulletin boards; others stipu
late that they shall be “ conveniently” or “ conspicuously” located; and
still others specify that both parties shall agree on their location.
Some clauses provide that only notices officially approved by the
union or by a designated union official may be posted. Posting is
subject to prior company approval in some agreements. In some
cases, notices are posted directly by the union; in others, they must
be given to a designated company official for posting.
The nature of the material which can be posted is often specifically
restricted to noncontroversial subjects, such as notices o f union elec
tions, meetings, and social affairs. Often a description of the types
o f notice specifically permitted or prohibited is included; items of a
political character are most commonly prohibited.
be provided fo r improper use o f the board.
Penalties may
N U M B E R A N D LOCATION
64. Company Furnishes Bulletin Board
The company shall furnish and install in a conspicuous place in the shop a
bulletin board.
65. Company To Furnish Minimum Number of Boards for Union9s Exclusive
Use. Prompt Posting by Company of Union Notices. Locations Jointly
Determined
The company will provide not less than twelve (12) bulletin boards in
mutually agreeable locations to be used exclusively for union notices. These
notices will be furnished by the union and promptly posted by the company.
66. Company Furnishes Bulletin Board and Decides Location
The company shall provide one bulletin board for the posting of copies of this
agreement, and such other notices as are approved by the management and the
union. The management shall decide the location for the bulletin board.
67. Union Erects and Maintains Bulletin Boards
The union shall be free to erect and maintain bulletin boards on company
premises for the exclusive use o f union business.
68. Union Furnishes Five Bulletin Boards at Agreeable Locations
The union shall be free to erect five bulletin boards for its own use at agreeable
points on company property.
69. Company Leases Bulletin Boards for Nominal Sum.
Determined
Location Jointiy
The company will lease to the union bulletin boards of adequate size for the
exclusive use of the union at offices having five or more employees where suitable
space is available.
The location of the boards at each office will be subject to agreement by union
and company representatives.
The rental charge for the bulletin boards shall be twenty-five (25) cents per
board per annum.
46
COLLECTIVE BARGAINING PROVISIONS
70. Union Allowed Space on Company Boards for Posting. Posting Done "by
Company
The company agrees that the union may use the designated section of bulletin
boards throughout the plant for posting of union notices. Notices to be posted
shall be signed by a union official and shall be approved by the management and
shall be restricted to :
(a)
(b)
(c)
(d)
Notices of union recreational and social affairs.
Notices of union elections.
Notices of union appointments and results of union elections.
Notices of union meetings.
The company will post and remove all such notices.
APPROVAL OF NOTICES
71. Company Approval of All Notices Required
Union notices may be posted on designated bulletin boards, subject to the
approval of the plant superintendent as to contents.
72. Copies of Notices To Be Furnished Company 24 hours in Advance of Posting
The employer agrees to post on suitable notice boards on its premises on any
regular workday* notices or announcements of routine and appropriate union
matters, provided that the employer receives copies of such notices or announce
ments twenty-four (24) hours in advance.
73. Prior Company Approval Required of Other Than Specified Notices
By agreement between the company and shop committee, bulletin boards will
be provided in the plant by the company for the exclusive use of the union.
Notices of all meetings of the union, union recreational and social affairs, and
union elections and appointments may be posted on this board without first having
been approved by the company, but no other notices shall be posted thereon unless
they shall first be approved by the company’s director of labor relations.
74. Approval of Specified Union Official Required
The company shall provide a separate bulletin board at each o f the main
plant gates for the exclusive use of the union. All notices before posting shall
be approved by the president or secretary of the local union or by the chairman
of the workmen’s committee.
75. No Distribution or Posting on Company Property Except Specified Types of
Notifies
There shall be no other general distribution, or posting by employees, of
pamphlets, advertising or political matter, notices, or any kind of literature
upon corporation property other than as herein provided.
76. No Posting or Distribution in Plant or on Company Property Without Com
pany’s Written Consent
The company will provide a bulletin board in each plant for the posting o f
notices. Notices of all regular or special meetings of the union, recreational and
social affairs, and other union matters may be posted upon the bulletin boards, if
approved by the management before posting. The management will not delay
in passing judgment upon such notices. No written or printed notices, cards,
pamphlets, or literature of any kind shall be distributed or posted in the plants or
upon the company’s property without the company’s written consent.
UNION FUNCTIONS, BIGHTS, AND RESPONSIBILITIES
47
77. Union Seal and Signature of Proper Official Required
The company agrees to allow the proper officers of the union who are employees
of the company to use the plant bulletin boards for the posting of notices in
the interest of its employees; provided such notices bear the seal of the union
and the signature of its proper official.
78. Each Party To Sign Notices To Be Posted by the Other
Company notices shall bear the signature of the union business agent and/or
president; and union notices shall bear the signature of the director of industrial
relations and/or assistant plant manager indicating both parties, in all cases,
are notified in advance of the posting.
CONTENT OF NOTICES
79. Information of Interest to Employees Posted
Information of interest to employees affected by this agreement shall be posted
on bulletin boards by the company at all division points when requested by the
association.
80. Notices on Union Meetings and Other Business
The employer agrees to continue to provide the present bulletin boards for
the convenience of the union in posting official union notices regarding meetings
and other necessary union business affairs.
81. Listing of Types of Notices Permitted
The union shall have the right to make reasonable use o f the bulletin boards
for posting notices, but shall be restricted to the following notices:
(a) Notices of meetings of the union.
(b) Notices of its elections.
(c) Notices o f its appointments to offices and the results of elections.
( d) Notices of its social, educational, or recreational affairs.
82. Listing of Subjects Allowed and Prohibited
The union shall, in accordance with the present procedure, have the right to
use the bulletin boards of the company to post notices of meetings, social gather
ings, and recreational activities and/or material relating to official union busi
ness. The union shall not post upon the bulletin board any propaganda of any
kind or religious, political, or libelous matter.
The union will designate, in writing, an accredited official who will be re
sponsible for the union in the submission of notices to the company and their
posting on bulletin boards.
83. No Posting of Propaganda, Including Political Notices or Advertising
The bulletin board shall not be used by the union for disseminating propa
ganda of any kind whatsoever; and among other things shall not be used by the
union for posting or distributing pamphlets or political matter of any kind what
soever, or for advertising.
84. Permitted Notices Listed. Size and Number of Boards Specified. Prior
Approval of Notices Required
The union shall be permitted to maintain not more than six bulletin boards of
the approximate dimensions o f 24 inches by 36 inches at locations to be agreed
upon for the posting o f rules and regulations of the union; the personnel of its
committees and office; notices of time and place of regular and special union
48
COLLECTIVE BARGAINING PROVISIONS
and committee meetings, of social functions and entertainments sponsored by
the union, its international, or the CIO; economic or other meetings, either
here or elsewhere; and for the posting of factual information or data on eco
nomic subjects, and notices of official business of the international union and
the Congress of Industrial Organizations. All materials to be posted on union
bulletin boards shall first be presented to the office of the industrial relations
director for approval and such approval shall be granted unless the material
demonstrably is harmful to plant labor relationships.
85. Copy of Agreement Posted
A bulletin board shall be maintained in a conspicuous place for union use only,
and a copy of this agreement kept posted on said bulletin board at all times.
86. Work Schedule, Lunch Periods, and Vacation Periods Posted
The employer shall provide suitable bulletin boards in the plant, workshop,
and garage and shall post thereon schedules of work hours, lunch periods, and
vacation periods as well as union notices and bulletins.
87. Seniority List Posted
The seniority list mutually agreed upon by the company and the union will
be posted on the company bulletin board. It is understood and agreed that any
union bulletin is to receive approval of the company before it is posted on the
company bulletin board.
88. Improper Notices Subject to Removal by Company
The company will place a bulletin board in a conspicuous place at such of its
plants and field headquarters where a considerable number of men are employed,
which said board shall be for the use of the company and officials or duly con
stituted authority o f the [union] in said district for the posting of any matters
of interest to all concerned. Any matter posted on said bulletin board which,
in the opinion of the company, is not proper may be removed by the company.
Provided, however, that the removal of any such objectionable matter may be
made the subject of a complaint to be disposed of under the terms o f this
agreement.
OTHER CLAUSES
89. TJse of Board Discontinued if Rules Disregarded
The company will continue to grant the union’s request for the right to use a
bulletin board for posting notices of union meetings and any reasonable union
business, such as acknowledgment of flowers and the like. The company re
serves the right to discontinue the use of said bulletin board if it is used for any
other purpose than designated.
90. Improper Use of Bulletin Board Cause for Dismissal
Bulletin boards are provided throughout the factory where proper notices of
interest to employees may be posted after approval in writing by the company’s
industrial relations department. Bulletins from Local No. — shall be signed by
the president, vice president, secretary, or treasurer and when officially ap
proved by the industrial relations department, such bulletins may be posted in
the plant. All bulletins posted by the union are the responsibility o f the officials
of Local — . Each bulletin shall be signed by the official responsible for its
posting. Unsigned notices or bulletins may not be posted. Defacing, adding to,
or writing over any general notice or bulletin, or posting unofficial bulletins or
notices or any thereof that are offensive, shall be cause for immediate dismissal.
UNION FUNCTIONS, EIGHTS, AND RESPONSIBILITIES
49
The following bulletins, however, do not need approval by the industrial
relations department:
1.
2.
3.
4.
Notices
Notices
Notices
Notices
of union recreational or social affairs.
of union elections.
of union appointments and results of union elections.
of union meetings.
The responsibility for the prompt removal o f notices from the bulletin boards
after they have served their purpose shall rest with the individual who posted
said notices.
91. Dispute Concerning Bulletin Boards Settled in Accordance With Provisions
of Agreement
Bulletin boards shall be provided in the plant upon which notices concerning
business of the union will be posted. Such notices must bear the official seal
of the union and be signed by the designated union officer. Any notice posted
by the company on its bulletin boards pertaining to or affecting the employees
or the affairs of the union must be signed by the designated officer of the com
pany. Both parties shall furnish the other party a copy of any notice placed
on the bulletin boards and any dispute arising therefrom shall be determined
in accordance with the provisions of this agreement
92. Bulletin Board Locked
A bulletin board will be provided by the company in a suitable place in the
plants for the posting of union notices of interest to the employees. The board
shall be under glass and padlocked. One key shall be kept by the chairman of
the committee and one by the personnel officer of the company. Notices shall
be approved by the management before being posted.
93. Union Provided Facilities for Distributing Union Paper and Other Literature
The company agrees to permit the union to place a receptacle at the inner
gate for the purpose of distributing the [union paper] to its members. Any other
papers may be placed there for distribution by mutual consent.
The union may pass out such literature or handbills as are approved by the
personnel manager at the entrance of the main gatehouse. This approval must
be gained in sufficient time for authorization to be given the main gatehouse
guards by the company prior to the passing out of the bills.
Union Label and Shop Card
Historically, the union label and union shop card were developed as
a means of increasing the bargaining strength o f unions through en
couraging consumers to purchase manufactured articles bearing a
union label and to patronize retail and other nonmanufacturing es
tablishments displaying a shop card.
In a highly organized area, a
union may further strengthen its bargaining position by persuading its
members not to work for an employer who does not agree to use the
label or shop card.
Manufacturers whose products bear a union
label and retail or other establishments displaying a shop card are
required to maintain “ union” working conditions and pay “ union”
wages.
Agreement provisions usually govern the use, display, and
50
COLLECTIVE BARGAINING PROVISIONS
cost o f the label or shop card, and reserve to the union the right to
withdraw the label or card i f the employer violates the agreement.
94. Use of Union Label at Option of Employer
I f the company lives up to this agreement in full, they shall have the right
to the use of what is known as the union label of the [union], but the union
shan have the right to advertise and advocate the advancement of said union
label whether the company uses it or not.
95. Union To Furnish Union Label and Advertise Company Products
The union and employees realize that harmony between a firm and its em
ployees is necessary for both the company and union and its committees and
representatives, and the employees agree to do all in their power to maintain
this harmony. The local and international agree that the union label will be
furnished free of charge and placed on the products of the company if so desired
and will do all in its power to advertise the products of this firm through the
union label department o f the international without any cost to the firm. It will
also write every local union of the American Federation o f Labor, central bodies,
union label leagues, and auxiliaries which number 34,000 organizations in all,
informing them o f the fact that the company is fair to the [union] and urging
all union people to buy its products. The international will also list the trade
names o f the company in all union halls.
96. Union To Petition International for Use of Label by Employer.
To Comply With Rules Governing Labelf if Use Approved
Employer
The union agrees to make application to the union-label department of the
international union for the use of the prescribed union label by the employer,
and the employer agrees, in the event said application is accepted by the inter
national union, to conform with any and all requirements of the above named
international union and its union-label department in order to be permitted the
use o f the said union label.
97. Employer Required To Use Union Label
Each loaf of bread over half pound, and every package or piece o f cake five
(5) cents or over, must bear the union label, which will be furnished at twentyfive (25) cents one-color combination, thirty (30) cents two-color combination,
and fifteen (15) cents per thousand for plain labels.
98. No Work Allowed on Goods Which Do Not Bear “ Consumers' Protection
Label"
In order to promote, improve, and stabilize the millinery industry, and to
eliminate and prevent substandard conditions, and to insure workers the best
working conditions and the highest labor standards, the parties do adopt the
Consumers* Protection Label of the Millinery Stabilization Commission, Inc., as
indicia that millinery to which such label has been affixed has been manufactured
under the best labor conditions in the millinery industry.
Workers shall not be permitted to work on any millinery which does not
bear the Consumers* Protection Label of the Millinery Stabilization Commission,
Inc., attached to each hat under the then existing authorization from the
Millinery Stabilization Commission, Inc.
The employers shall furnish to the workers the Consumers* Protection Label
of the Millinery Stabilization Commission, Inc., and shall cause such labels to
be attached to all millinery which may be manufactured.
UNION FUNCTIONS, RIGHTS, AND RESPONSIBILITIES
51
The impartial chairman, in his discretion, after considering the circumstances
of each case, may direct that workers shall be fully compensated by any offending
employer for time lost by reason of the failure of the employer to supply the label
to the workers for sewing into hats under then existing authorization from the
Millinery Stabilization Commission, Inc.
99. Union Requires Members To Use Label A fter Permission Granted
The society warrants and covenants that it owns and controls a membership
stamp or insignia. Permission will be granted by the society to affix said stamp
or insignia to engraved rollers, if the employer at the time of granting such per
mission employs at least three members of the society representing three sepa
rate and independent branches of the society’s craft classifications. Members of
the society will be required to affix such stamp or insignia on every roller engraved
in the shop of an employer after permission to do so has been granted.
The employer agrees that members o f the society employed by it shall have the
right to affix the stamp or insignia referred to in the preceding paragraph.
100. Rules for Attaching Union Label
The union label of the party of the second part shall be sewed on all garments
either under the pocket, button, or buttonhole plaits by machine stitching.
101. Use of Shop Card Required
The employer shall at all times display on his premises, the union sign, this
sign shall remain the property of the union and shall be returned to union upon
requests.
102. Shop Card Withdrawn if Agreement Violated
There shall be no retailing, wholesaling, preparing, or deliveries o f meats,
fish, or poultry before the hours of 9 a. m. and after 6 p. m. by any market
employer or employee, and in case any employer violates this section, no member
of the union will be permitted to work for such employer, nor shall said
employer be allowed to display a union market card of this union in his market.
Pledges Against Discrimination and Coercion
Numerous agreements contain employer pledges not to interfere
’with an employee’s legal rights to join the union and not to discrimi
nate against him because o f union membership or activity. In turn, the
union pledges not to discriminate against a nonunion worker and not to
intimidate or coerce him into joining or remaining in the union.
Sometimes one or both parties agree not to discriminate against any
employee because o f race, creed, color, sex, marital status, national
origin, or political beliefs.
W hether tied to union membership or to other factors, the “no dis
crimination” clause m ay sim ply ban all types o f discrimination or it
may list specific types o f discrimination, such as in hiring, training,
upgrading, promotion, transfer, lay-off,
discipline,
or
employee
benefits.
Both parties may mutually pledge not to take part in any public
demonstrations or issue publicity which would be harm ful to peaceful
industrial relations.
52
COLLECTIVE -BARGAINING PROVISIONS
103. No Discrimination or Coercion Because of Membership or Nonmembership
in Union
Any and all employees shall have the right to join or not to join the union,
as they individually prefer, it being agreed that there shall be no discrimination
for or against any employee on account of membership in the union, or inter
ference with any employee in joining or desiring to join the union. And, like
wise, that no employee shall be discriminated against for nonmembership in
the union, and that neither the union nor any employee shall attempt to coerce
any employee of the company into joining the union against his will, or inter
fering with him in any way because of failure or refusal on his part to join the
union.
104. No Discrimination or Coercion Because of Union Membership Nor Inter
ference With Employee’s Right to Join Union
The [union] is herewith recognized as the sole collective bargaining agency
for those employees who are members thereof. The company recognizes the
right of their employees to be members of the [union] and there shall be no
discrimination by foremen, superintendents, or any other person in the employ
o f the company against any employee because of membership in the [union].
Members of the [union] shall be free from interference, restraint or coercion
on the part of the company or agents thereof. No official of the company or
agent will in any way interfere with the right of employees to become members
of the [union].
105. No Discrimination Because o f Membership or “Proper” Activity in Union
The company agrees there shall be no discrimination against any employee
because of his or her membership or proper activity in the union.
106. No Discrimination Because of Membership in Any Churchy Society, Fra
ternity, or Union
There will be no discrimination against any applicant for employment or
against any employee in regard to promotion, discharge, suspension, lay-off, or
sickness, accident, insurance and pension benefits, on account of membership,
or nonmembership in any church, society, fraternity, or labor union, or on
account of any activity taken in good faith in his capacity as a representative
o f other employees.
107. No Discrimination Because of Sex, Race, Creed, Colory National Origin, or
Political Affiliation
The company will continue its present policy of nondiscrimination with re
spect to sex, race, creed, color, national origin, or political affiliation.
108. No Discrimination for Political Belief, Except Support of Organization
Advocating Overthrow of Government
The parties to this agreement further agree that political beliefs are the right
o f individuals. Except, however, that membership in any organization or group,
or an affiliation with such an organization or group, or the contribution of sup
port of any kind to an organization or group that believes in or teaches the
overthrow of the government by force, threat, illegal means, or unconstitutional
methods, shall be subject to investigation, and upon proof of this charge, dis
charged from employment by the company.
UNION FUNCTIONS, RIGHTS, AND RESPONSIBILITIES
53
109. No Discrimination Except as Provided by Federal Laws
The provisions of this contract shall apply to all employees without dis
crimination on account o f race, color, national origin, or creed, except as pro
vided by Federal laws, rules, and regulations.
110. Ban on General and Specific Types of Discrimination Because o f Union
Membership or Activity
No employees shall be discriminated against or jeopardized in seniority stand
ing or suffer any loss of employment on account of membership or activity in
the union unless such activity is in direct violation of the company rules or
this agreement.
111. No Discriminatory Transfers
No transfer shall be made for the purpose of discrimination against any
employee.
112. Action Will B e Taken Against Anyone Discriminating Because of Union
Membership
The company will not interfere with the rights o f its employes to become mem
bers of any union. There will be no discrimination by the company, its super
visors and foremen, or any one in the employment o f the company against any
employee because o f membership in the union. This rule will be strictly en
forced and appropriate action will be taken against anyone disregarding it.
113. Mutual Noncoercion, No-Discrimination Clause
The individual employee shall be the sole judge of whether or not to become
a member of the union. Neither the employer nor the union will in any way
interfere with, discriminate against, or coerce any employee because he is or
is not a member of the union.
114. Joint Pledge Against Specific Types of Discrimination Becam e of Race,
Creed, Color, National Original, Political Affiliation, Sex, or Marital Status
The company and the union agree that they will not discriminate in the hiring
o f employees or in their training, upgrading, promotion, transfer, lay-off, disci
pline, discharge, or otherwise because of race, creed, color, national origin,
political affiliation, ^sex, or marital status.
115. Union Will Not Discriminate in Accepting Members Because of Specified
Factors
The union agrees that it shall accept into membership all employees who, be
cause of their occupational classification, are eligible for membership into the
union, and that it shall not discriminate in this regard against any employee
otherwise eligible for membership because of sex, creed, color, national origin,
or previous employment.
116. No Intimidation or Coercion by Union
The union agrees that neither the union nor any of its members or agents will
intimidate or coerce employees of the employer.
117. No Coercion to Force Employees To Join Union. Alleged Violation Handled
as Grievance
The union agrees that neither it nor any of its officers or members will intimi
date or coerce employees into membership in the union. I f any dispute arises (as
to whether there has been any violation of this pledge or whether any em
54
COLLECTIVE BARGAINING PROVISIONS
ployee affected by this clause has been deprived of good standing in any way
contrary to the constitution and bylaws of the union) this dispute shall be re
garded as a grievance and submitted to the grievance machinery and, i f neces
sary, to the final determination o f an impartial arbiter. The agency for the
arbitration of disputes shall be the American Arbitration Association.
118. No Picketing To Force Union Membership; No Employer Action To Dis
courage Membership
During the term o f this agreement neither the union nor any representative,
agent, or member o f the union shall picket any building adhering to this agree
ment to persuade any nonmember to join the union or for any other purpose; nor
shall they use threats or intimidation to persuade any nonmember to join the
union. The employers agree to raise no objection to union membership on the
part of their employees nor take any action that would cause their employees not
to become or remain members of the union.
119. Union Not To Issue Inflammatory or Libelous Statements Against Employer
The union agrees that its president shall assume responsibility for approving
all literature that may be distributed or statements attributed to it in publica
tions. I f any inflammatory or libelous literature concerning th e------ Go., and/or
its officers are distributed by the union to ------ employees or the public the
union president may be held responsible for such statements and shall, upon
proof thereof, be immediately suspended from the union, as provided by the
constitution of the union. Any dispute arising as to proof thereof shall be re
ferred to arbitration as provided in article — of this agreement.
120. Company May Discipline for Union Coercion
The union, its officers, members, or persons employed directly or indirectly by
it, will not intimidate or coerce any employee in any manner or at any time or
engage in any other union activities, except as specifically provided in this
agreement, on company time or property. The company may take disciplinary
action for any violation of this provision through grievance procedure.
121. Nepotism Prohibited in Hiring
The company agrees to enjoin all supervisory employees who have the right
to hire or recommend for hiring, from hiring any of their ne&r relatives such as
father, mother, brother, sister, son, or daughter, to any position of employment
in which the hiring or recommending supervisor has supervisory rights.
Index
M A N A G E M E N T FUNCTIONS
Page
General management rights clauses_____________________________________
3
Clause
(1) Management and operation vested solely in the com p a n y..
(2) Company reserves “ customary and usual rights, powers,
functions, and authority of management” except as
abridged or modified by agreement____________________
(3) No limitation of regular and customary functions of manage
ment, except as provided in agreement_________________
(4) Company retains supervision, management, and control
of business, operations, and plant, subject to agreement-.
Enumeration of exclusive management rights_______ . . . . _________ _
(5) Sole prerogatives of the company_________________________
(6) Company possesses general right of managing and operating
the plants and directing the working forces_____________
(7) Detailed listing of company’s rights including price and
financial policies. Prerogatives not subject to review____
(8) Management rights include retirement of employee under
company retirement plan______________________________
(9) Union not to abridge listed rights_________________________
(10) Listed rights cover fields of employer-employee relations and
production operations._________________________________
Management rights subject to agreement provisions________________
(11) Management prerogatives include all matters except rates of
pay, hours, and conditions of employment. Management
actions not to conflict with agreement nor discriminate
against employees______________________________________
(12) Exercise of exclusive powers not to conflict with other
agreement provisions___________________________________
(13) Listed management functions subject to agreement and to
certain collective bargaining rights of union_____________
(14) Listed rights not abridged except as limited and stated in
agreement_____________________________________________
(15) Exercise of management rights not to result in unfair labor
practices_______________________________________________
(16) Exercise of management rights not to violate agreement
provisions_____________________________________________
Management rights subject to grievance procedure or negotiation. _
(17) Exercise of management’s listed rights subject to collective
bargaining and grievance procedure, butnot arbitration__
(18) Rights affecting employer-employee relations subject to
grievance procedure; other rights exclusive with manage
ment__________________________________________________
(19) Unjust discharge subject to grievance procedure; all other
listed management rights excluded_____________________
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INDEX
General management rights clauses— Continued
Management rights subject to grievance procedure or negotiation—Con.
Page
Clause
(20) Management of the company and direction of working force
vested exclusively in company; job evaluation and stand
ards subject to grievanceprocedure______________________
(21) Eight to direct working force subject to specified employee
rights_____________________________
(22) Right to dismiss for just cause; dismissal subject to grievance
procedure______________________________________________
(23) Management determines methods, processes, and products
subject to negotiation if process or method detrimental to
working conditions-------------------------------------------------------Management rights not to be used for discrimination or to affect
employees adversely_____________________________________________
(24) No discrimination against union members in exercise of
management rights____________________________________
(25) No discrimination against any employee or union member in
exercise of management rights__________________________
(26) Right to determine employee qualifications, provided no
discrimination_________________________________________
(27) Company policy not to result in stretch-out or transfer of
skilled employees_______________________________________
(28) Company right to determine processes, provided average
straight-time earnings are notreduced_____________________
Saving clause________________________________________________ *_____
(29) Management’s functions include but are not limited to those
enumerated in agreement_________________________________
(30) Enumeration of rights not to excludeothers not listed_____
Plant rules_____________________________________________________________
Establishment and revision of rules___________________________________
(31) Establishment of rules exclusivemanagement right___________
(32) Company right to issue, change, or amend rules based on
nature of industry______________________________________
(33) Certain rules mutually agreed to; others at management
discretion______________________________________________
(34) Management right to issue and enforce rules subject to
union appeal. Rules in force pending adjustment or
arbitration_____________________________________________
(35) Rules established jointly__________________________________
(36) New plant rules to be negotiated__________________________
(37) Changes by employer; reasonableness and equity of rules
subject to arbitration___________________________________
(38) Changes by mutual consent only__________________________
(39) Changes by mutual consent or arbitration------------------------(40) Mutual agreement required for rules changes which affect
employees “ beneficially” _______________________________
(41) Reasonableness of working rules subject to grievance pro
cedure_________________________________________________
(42) Application of rules subject to grievance procedure________
(43) Advance discussion of changes------------------------------------------(44) Plant rules discussed in advance with bargaining committee;
department rules, with chief steward___________________
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INDEX
Plant rules— Continued
Informing employees of rules_______________________________________
57
Page
13
Clause
(45)
(46)
(47)
(48)
Posting of rules__________________________________________
Rules booklet to be furnished all employees_______________
Posting or distribution of present and future rules-________
Rules additions posted or distributed. New rules effective
3 days after posting____________________________________
(49) Copy of rules to shop steward____________________________
Enforcement of rules_______________________________________________
(50) Company rules incorporated in agreement_________________
(51) Union pledges compliance by its members with rules
mutually agreed upon__________________________________
(52) Union assistance in enforcing rules-----------------------------------(53) Penalties for violation of rules agreed to by union_________
(54) Company, union, and employees pledge rules observance__
(55) Employees agree to observe smoking rules__________
(56) Discipline in accordance with predetermined schedule______
(57) Listing of rules and penalties for infraction_____________
(58) Willful and nonwillful violations distinguished_____________
(59) Disciplinary, action for rules violation subject to grievance
procedure______________________________________________
(60) Discharge follows cumulation of penalties to specified
amount; accumulated penalties canceled yearly, provided
less than specified amount______________________________
(61) Employee absolved if union not notified of rules infraction
within 7 days__________________________________________
Changes in plant site or location of employment_________________________
Restriction on removal of plant:
(62) No move beyond metropolitan area limits_________________
(63) No removal of plant or machinery outside city except
“ outright sale” _________________________________________
(64) No removal for “ run-away” purposes_____________________
(65) Union consent necessary--------------------------------------------------(66) Union consent for removal of plant more than specified dis
tance from present location_____________________________
(67) No move beyond 10-cent fare zone-----------------------------------(68) Mutual consent or arbitration for removal to location
beyond 10-cent and up to 20-cent zone_________________
(69) Move without union consent deemed violation subject to
injunctive relief________________________________________
Removal of plant site allowed:
(70) Company right to move location of plant-------------------------(71) Union retains sole bargaining rights in new location----------(72) Agreement binding in new location. Employees affected
offered jobs according to seniority______________________
(73) Employees given opportunity to retain present job or, if
unavailable, to transfer to another job for which qualified.
(74) Employment rights at new plant vary with nature of move,
whether intra- or inter-state____________________________
(75) Employer to compensate employees for added travel ex
penses beyond 10-cent fare zone________________________
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INDEX
Changes in plant site or location of employment— Continued
Removal of plant site allowed— Continued
Page
Clause
(76) Employer to pay up to 25 cents increased fare for maximum of
3 months______________________________________________
(77) Company to pay moving expenses of employees transferring
at its request__________________________________________ ;
(78) Employees must pay own moving expenses________________
Contracting and subcontracting______________________________ - ________
(79) Company retains right to subcontract_________________________
(80) Prohibition of contracting_____________________________________
(81) Prohibition of inside or outside contracting____________________
(82) No home work------------------------(83) Numerical limitation on amount of contracting________________
(84) Contracting limited to certain types of work___________________
(85) Mutual consent for contracting of work regularly done by em
ployees in bargaining unit__________________________________
(86) Consultation with union when occasion for contracting occurs;
management retains final decision___________________________
(87) Advance notice to union; union objection submitted to griev
ance procedure____________________________________________
(88) Company to discuss contracting with union and agree on satis
factory disposition if demotion or lay-off results from contract
ing. _--------(89) No discrimination against union members in contracting_______
(90) Contract work to be returned to plant as soon as efficient
facilities are available----------------------------------------------------------Conditions under which contracting is permitted:
Full use of space, equipment, and workers:
(91) No contracting as long as machinery and equipment
available__________________________________________
(92) Management right to contract without union inter
ference, provided present permanent employees do
not lose normal work---------------------------------------------(93) No contracting which results in lost time to present
regular employees, excluding emergency or unusual
work-------------------------------------------:-------------------------(94) Restrictions on subcontracting: All employees must be
on full time and none laid off; subcontractor must be
covered by agreement_____________________________
(95) No contracting which results in discharge or lay-off of
employees customarily doing work_________________
(96) Outside contracting not to result in lay-off or discharge
of employees______________________________________
(97) Contracting outside certain locality prohibited for some
employers under association agreement; permitted
others, provided agreement covers subcontractor____
Contractor’s relations with union:
(98) Union contractors only— same union_________________
(99) Union contractors -only—same union and similar agree
ment terms_________________
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INDEX
Contracting and subcontractings—Continued
Conditions under which contracting is permitted— Continued
Contractor’s relations with union— Continued
59
Page
Clause
(100) Union contractors only— not restricted to same u n ion ..
(101) Union contractor must have signed agreement and must
be registered with union___________________________
(102) Company right to contract work without regard to
union membership or affiliation of contractor’s
employees_________________________________________
(103) No contracting to firm struck or picketed by union
party to the agreement____________________________
(104) Union to furnish substitute contractor in event of labor
dispute with contractor_________________
Maintenance of agreement and wage standards:
(105) Contractors to maintain conditions provided in agree
ment______________________________________________
(106) No contracting to avoid contract wage scales; no new
subcontracts during period of lay-off_______________
(107) Contractor to pay prevailing wages and hours but not
less than minimum job rates set by agreement. Defi
nition of work to which contracting restrictions apply.
(108) No contracting of work customarily done unless more.
economic and expeditious and contractor conforms
to agreement. For other outside work, company will
request contractor to pay agreementrates___________
(109) Employer responsible for wages owed by contractor___
(110) Employer responsible for compliance with agreement by
contractor__________________ _____________________
Registration of contractors:
(111) Registration of contractors; weekly report of work done___
(112) Registered contractors only. Mutual consent or arbitra
tion for changes in registered contractors______________
(113) Regulation of prices prime contractor must pay subcon
tractor_________________________________________________
(114) Independent study made of limitation of contractors. Ad
visory powers only_____________________________________
(115) Impartial chairman rules on requests to use contractors.
Contracting limited to special work___________________
(116) Union may request contractor to post cash security to
assure wage payment__________________________________
Regulations in clothing industry____________________________________
(117) Detailed regulations in clothing industry__________________
Other clauses:
(118) Employee given leave to work for contractor retains
seniority_______________________________________________
(119) Company to endeavor to place its laid-off employees with
contractor_________________________________________
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INDEX
UNION FUNCTIONS, RIGHTS, AND RESPONSIBILITIES
Page
Scope of union activities on company time and premises--------------------------
32
Clause
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
Visits by
(21)
(22)
(23)
(24)
(25)
(26)
(27)
(28)
(29)
No union activity during working hours_______________________
No union activity on company property during working hours.No mass union activity on company property_________________
No union activity which interferes with production________- ___
Ban on specified union activities on company time and during
working hours______________________________________________
No solicitation of membership during working hours---------------Union activity including passing of petitions banned; dismissal
for violation of rule_________________________________________
No dues collection on company property; solicitation of member
ship not to interfere with production________________________
No union activity on company property during working hours
without written consent of company. Working hours do not
include lunch period or time before and after work__________
Union business by union representatives permitted on company
property during working hours provided no interference with
production. No union meetings at any time without com
pany consent, except for grievance committee_______________
Dues collection and membership solicitation permitted on com
pany property at specified times on employee's free time-----Listing of union activities permitted at specified times________
Union organizational activities allowed outside worktime in
designated areas. Activity limited to small groups__________
Handling of grievances permitted. Occasional collection of dues
permitted if not during work hours__________________________
Casual conversation on union matters permitted_______________
Company provides office for union____________________________
Voting for union officers in plant______________________________
Union elections at plant allowed, provided no interference with
production_________________________________________________
Company prohibits anti-union activity in plant-----------------------Wearing of union buttons permitted___________________________
union representatives________________________________________
Representatives admitted upon notifying office________________
Visits to be prearranged and limited to department in which
grievances are involved. Visitor may be accompanied by
company representative____________________________________
Visits by international and local union officials not confined to
any single part of plant_____________________________________
Union representative accompanied by employer representative
on visits___________________________________________________
Union visits to plant subject to company regulations and military
security rules_______________________________________________
Visits by international representatives for top-step .grievances
subject to governmental regulations_________________________
Visits at any time occasion requires___________________________
Visits at any time issue is in dispute; otherwise, visits once a
week______________
Observe working conditions during hours; confer with employees
outside of working hours____________________________________
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INDEX
Visits by union representatives— Continued
61
Page
Clause
(30) Limitations on number and duration of visits. Union officer
must be company employee________________________________
(31) Visits once a month, and not more than three representatives
each visit__________________________________________________
(32) Visits allowed outside regular hours and on weekends and holi
days, if operating, to check compliance with hour provisions—
(33) Scope of activity and time of visits by international and local
union officials differentiated________________________________
(34) Detailed procedure for individual visits________________________
(35) No special permission required and no interference by employer—
(36) Permanent passes to plant for members of bargaining committee
and president _______________________________________________
(37) Presentation of credentials prerequisite for visit________________
(38) Union required to insure visiting representatives_______________
(39) Visits not to interfere with employee’s duties__________________
(40) Purpose: Transaction of union business_______________________
(41) Purpose: Legitimate union business within scope of agreement_
(42) Purpose: Check compliance with agreement___________________
(43) Purpose: Discussion of grievances_____________________________
(44) Purpose: Investigation of sanitary conditions__________________
(45) Purpose: Collect dues; observe application of agreement; adjust
grievances_________________________________________________
(46) Purpose: Investigation of new operations or projects__________
(47) Visiting business agent may interview an employee in private
office______________________________________________________
(48) Denial of right of entry subject to arbitration_________________
Access to company records_____________________________________________
(49) All books and records showing pay rolls, labor cost, and produc
tion available to union on request___________________________
(50) Union may examine books monthly and oftener if it believes
rules being violated________________________________________
(51) Employer to furnish yearly copy of balance sheet and profit and
loss statements_____________________________________________
(52) Arbitration board to supervise union examination of employer’s
books and records__________________________________________
(53) Detailed wage information concerning incentive workers avail
able on request_____________________________________________
(54) Wage rates, new rates, and changes furnished union___________
(55) Union given information on job classification and rate structure;
quarterly information on earnings___________________________
(56) Timekeeping records open to inspection_______________________
(57) Timekeeping records open to inspection with employee’s consent.
(58) Time records available to union. Union may install own time
keeping system if employer’s is unsatisfactory_______________
(59) General instructions affecting hours, wages, and working condi
tions issued union________
(60) Record of new employees, discharges, e tc______________________
(61) Inspection of personnel records— by employee or representative,
in presence of company representative______________________
(62) Inspection of personnel records— by employee or representative,
if employee present_________________________________________
(63) Data on grievances concerning production problems___________
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INDEX
Page
Bulletin boards________________________________________________________
Number and location:
44
Clause
(64) Company furnishes bulletin board________________________
(65) Company to furnish minimum number of boards for union's
exclusive use. Prompt posting by company of union
notices. Locations jointly determined__________________
(66) Company furnishes bulletin board and decides location____
(67) Union erects and maintains bulletin boards_______________
(68) Union furnishes five bulletin boards at agreeable locations. _
(69) Company leases bulletin boards for nominal sum. Location
jointly determined_____________________________________
(70) Union allowed space on company boards for posting. Posting
done by company_____________
Approval of notices:
(71) Company approval of all notices required_________________
(72) Copies of notices to be furnished company 24 hours in
advance of posting_____________________________________
(73) Prior company approval required of other than specified
notices________________________________________________
(74) Approval of specified union official required----------------------(75) No distribution or posting on company property except
specified types of notices_______________________________
(76) No posting or distribution in plant or on company property
without company^ written consent_____________________
(77) Union seal and signature of proper official required________
(78) Each party to sign notices to be posted by the other---------Content of notices:
(79) Information of interest to employees posted----------------------‘ (80) Notices on union meetings and other business------------------(81) Listing of types of notices permitted---------------------------------(82) Listing of subjects allowed and prohibited------------------------(83) No posting of propaganda, including political notices or
advertising____________________________________________
(84) Permitted notices listed. Size and number of boards speci
fied. Prior approval of notices required________________
(85) Copy of agreement p osted ..-------------(86) Work schedule, lunch periods, and vacation periods posted(87) Seniority list posted--------------------------------------------------------(88) Improper notices subject to removal by company-------------Other clauses:
(89) Use of board discontinued if rules disregarded-------------------(90) Improper use of bulletin board cause for dismissal-------------(91) Dispute concerning bulletin boards settled in accordance
with provisions of agreement----------------------------------------(92) Bulletin board locked____________________________________
(93) Union provided facilities for distributing union paper and
other literature________________________________________
Union label and shop card------------------------(94) Use of union label at option of employer---------------------------------(95) Union to furnish union label and advertise company products..
(96) Union to petition international for use of label by employer. Em
ployer to comply with rules governing label, if use approved-«
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INDEX
Union label and shop card — Continued
Page
Clause
(97) Employer required to use union label. _________________________
(98) No work allowed on goods which do not bear “ consumers’ pro
tection label” ______________________________________________
(99) Union requires members to use label after permission granted__
(100) Rules for attaching union label-----------------------------------------------(101) Use of shop card required_____________________________________
(102) Shop card withdrawn if agreementviolated_____________________
Pledges against discrimination and coercion_____________________________
(103) No* discrimination or coercion because of membership or non
membership in union__________________________
(104) No discrimination or coercion because of union membership nor
interference with employee’s right to join union_____________
(105) No discrimination because of membership or “ proper” activity
in union___________________________________________________
(106) No discrimination because of membership in any church, society,
fraternity, or unjon_________________________________________
(107) No discrimination because of sex, race, creed, color, national
origin, or political affiliation________________________________
(108) No discrimination for political belief, except support of organ
ization advocating overthrow of government-------------------------(109) No discrimination except as provided by Federal laws__________
(110) Ban on general and specific types of discrimination because of
union membership or activity_______________________________
(111) No discriminatory transfers----------------------------------------------------(112) Action will be taken against anyone discriminating because of
union membership_________
(113) Mutual noncoercion, no-discrimination clause__________________
(114) Joint pledge against specific types of discrimination because of
race, creed, color, national origin, political affiliation, sex, or
marital status______________________________________________
(115) Union will not discriminate in accepting members because of
specified factors____________________________________________
(116) No intimidation or coercion by union_________________________
(117) No coercion to force employees to join union. Alleged violation
handled as grievance______________
(118) No picketing to force union membership; no employer action to
discourage membership_________________________________ . . .
(119) Union not to issue inflammatory or libelous statements against
employer___________________________________________________
(120) Company may discipline for unioncoercion____________________
(121) Nepotism prohibited in hiring_________________________________
U. $ . GOVERNMENT PRINTING OFFICIt IM S
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@FedFRASER