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MAJOR
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,0CUMENT COLLECTION
COLLECTIVE
BARGAINING
AGREEMENTS
ARBITRATION
PROCEDURES
Bulletin No. 1425-6
UNITED STATES DEPARTMENT OF LABOR
W. Willard Wirtz, Secretary
BUREAU OF LABOR STATISTICS
Arthur M. Ross, Commissioner
M AJO R
C O L L E C T IV E
B A R G A IN IN G
AG REEM ENTS
ARBITRATION
PROCEDURES
Bulletin No. 1425-6
June 1966
'Z53T
UNITED STATES DEPARTMENT OF LABOR
W. Willard Wirtz, Secretary
BUREAU OF LABOR S T A T IS T IC S
Arthur M. Ross, Commissioner
For sale by th e S u p e rin te n d e n t o f D ocum ents, U .S . G o ve rn m en t P rintin g O ffic e , W a s h in g to n , D C ., 2 0 4 0 2 - Price $ 1 . 0 0
P refa ce
This bulletin is the sixth in the Bureau of Labor
Statistics series of studies surveying the entire scope of
the collective bargaining agreement.
Previous reports
are listed on the last page.
Agreement provisions establishing three types of
voluntary arbitration of labor-management disputes are
analyzed in this bulletin.
The arbitration of grievance
disputes, by far the most predominant type, is afforded
the greatest amount of attention, and in this respect this
bulletin can be considered as a continuation of a previous
one dealing with grievance procedures.
Separate chapters
are devoted to the arbitration of disputes over new con
tract term s, including disputes arising out of agreement
reopenings, and the arbitration of jurisdictional disputes.
The study is based on virtually all agreements in
the United States covering 1,000 workers or m ore, ex
clusive of railroad, airline, and government agreements.
These agreements accounted for almost half of the e sti
mated coverage of all agreements outside of the excluded
industries.
The study thus does not reflect practices in
small collective bargaining situations. A ll agreements are
part of the file of current agreements maintained by the
Bureau for public and government use, in accordance with
section 211 of the Labor Management Relations A ct, 1947.
The clauses quoted in this report, identified in an ap
pendix, are not intended as model or recommended clauses.
The classification and interpretation of clauses, it must be
emphasized, reflect the understanding of outsiders, not
necessarily that of the parties who negotiated them.
The Bulletin 1425 series is part of the program of
the Bureau’ s Division of Industrial and Labor Relations,
Joseph W. Bloch, Chief.
This bulletin was prepared by
Rose T. Selby under the supervision of Harry P. Cohahy.
iii
Contents
P ag e
C h apter I. I n t r o d u c t io n ------------------------A r b itr a tio n and the c o u r t s ___________
S cop e o f s t u d y ------------------------------------R e la te d stu d ies in s e r i e s ____________
P r e v a le n c e o f g r ie v a n c e a rb itra tion .
1
2
4
5
5
C h apter II. S cop e o f g r ie v a n c e a r b itr a tio n
G r ie v a n c e p r o c e d u r e s and a r b it r a t io n __
J u r is d ic t io n o f the a r b i t r a t o r ___________
Is su e s e x clu d e d fr o m a r b itr a tio n -----------W age a d ju stm e n ts______________________
P lan t a d m in is t r a t io n ---------------------------J ob s e c u r i t y ____________________________
S u p plem en ta ry e m p lo y e e b e n e f i t s ____
U nion s e c u r i t y _________________________
O th er is s u e s -----------------------------------------D isp u tes under p r io r a g r e e m e n t s _______
Q u estion o f a r b it r a b ilit y _________________
6
6
8
11
13
15
19
21
22
22
23
24
C h apter III. R e f e r r a l to a r b it r a t io n _______________________________________________
B rin g in g d isp u tes to the a r b i t r a t o r ---------------------------------------------------------------------T im e lim its on r e f e r r a l to a r b itr a tio n __________________________________________
M e d ia tio n by the a r b i t r a t o r ______________________________________________________
27
27
30
31
C h apter IV . The a r b itr a tio n a g e n c y -----------------------------------------------------------------------T ype o f a r b itr a tio n a g e n c y -----------------------------------------------------------------------------------S e le c tio n o f the a r b it r a t o r ________________________________________________________
S e le ctin g a t e m p o r a r y (ad h o c ) a r b i t r a t o r ______________________________________
D ir e c t s e le c t io n by the p a r t ie s -----------------------------------------------------------------------O utside p a r t i c i p a t i o n ---------------------------------------------------------------------------------------S e le ctin g an ad h o c b o a r d o f a r b itr a tio n ________________________________________
S e le ctin g a p erm a n en t a r b it r a t o r ________________________________________________
S e le ctin g a p e rm a n en t a r b itr a tio n b o a r d _______________________________________
Single a r b itr a to r o r b o a r d ____________________________________________________
S p e c ia l a r b itr a tio n p r o c e d u r e s -----------------------------------------------------------------------------Q u a lifica tio n o f a r b i t r a t o r s ----------------------------------------------------------------------------------T im e lim its on s e le c t io n o f a r b i t r a t o r s ___ -____________________________________
C o st o f a r b i t r a t i o n --------------------------------------------------------------------------------------------------
33
33
36
37
37
39
41
43
45
47
47
50
51
52
C h apter V . P r o c e d u r a l ru le s and r e g u la t io n s ____________________________________
S p e c ific p r o c e d u r a l r u le s _________________________________________________________
F o r m u la tio n and s u b m is s io n o f i s s u e s ----------------------------------------------------------T im e and p la c e o f h e a r i n g ____________________________________________________
E v id e n ce and w i t n e s s e s -----------------------------------------------------------------------------------R e c o r d o f p r o c e e d in g s --------------------------------------------------------------------------------------G r ie v a n c e p r i o r i t ie s ; sch ed u lin g o f c a s e s ___________________________________
R e s t r ic t io n s on a rb itra tio n o f s im ila r g r ie v a n c e s __________________________
Sch ed u lin g o f c a s e s ____________________________________________________________
W ith d raw al o f c a s e s ___________________________________________________________
M is c e lla n e o u s p r o c e d u r a l r u l e s ______________________________________________
59
61
61
64
66
68
69
70
70
71
72
iv
Contents— Continued
P age
C h apter V I. T he a r b it r a t o r ^ a w a r d ----------------------------------------------------------------------F in a lity o f the a w a r d _____________________________________________________________
S p e c ific a tio n s o f the a w a rd -----------------------------------------------------------------------------------R e tr o a c tiv ity o f the a w a r d -----------------------------------------------------------------------------------T im e lim its and the a w a r d ------------------------------------------------------------------------------T im e lim its fo r c o m p lia n c e w ith the a w a r d --------------------------------------------------
73
73
76
77
80
82
C h apter VII. S trik e and lo ck o u t b a n s; c a n c e lla tio n o f c o n t r a c t _________________
N o -s t r ik e , n o -lo c k o u t p r o v is io n s -------------------------------------------------------------------------A b so lu te s trik e ban__________________________________________
L im ite d s trik e b a n s ------------------------------------------------------------------------------------------No ban on s t r i k e s ____________________________________________ _________________
S trik es and lo ck o u ts du rin g the te r m o f the a g r e e m e n t _______________________
C a n ce lla tio n o f the c o n t r a c t -----------------------------------------------------------------------------------
83
83
85
87
90
90
91
C h apter VIII. A r b itr a tio n o f new c o n tr a c t t e r m s ________________________________
M ed ia tion o f c o n tr a c t d is p u t e s -----------------------------------------------------------------------------A r b itr a tio n o f d isp u te s o v e r new c o n t r a c t s _____________________________________
A r b itr a tio n o f e c o n o m ic is s u e s re o p e n e d during te r m o f c o n tr a c t___________
M utual co n se n t a r b itr a tio n o f new c o n tr a c t and re op en in g is s u e s ___________
Ban on a r b itr a tio n o f new c o n tr a c t te r m s o r re op en in g i s s u e s _____________ _
95
95
96
101
103
103
C h apter IX . A r b itr a tio n o f ju r is d ic t io n a l d is p u t e s _______________________________
A g r e e m e n t p r o v i s i o n s ____________________________________________________________
B ans on. s tr ik e s o v e r ju r is d ic t io n a l d is p u te s ________________________________
C a n c e lla tio n o f a g re e m e n t o v e r ju r is d ic t io n a l d is p u te s ___________________
105
105
111
112
T a b le s :
1.
G r ie v a n c e a r b itr a tio n p r o v is io n s by ju r is d ic t io n o f the
a r b itr a to r and by in du stry
in m a jo r c o lle c t iv e
b a rg a in in g a g reem en ts, 1961—6 2 ___________________________________________
2.
R e la tio n o f g r ie v a n c e is s u e s to s co p e o f a rb itra tio n
in m a jo r c o lle c t iv e b a rg a in in g a g re e m e n ts , 1961—6 2 ____________________
3.
D iffe r e n c e s b etw een a r b i t r a t o r s ju r is d ic t io n and s co p e
o f g r ie v a n c e p r o c e d u r e in m a jo r c o lle c t iv e
b a rg a in in g a g r e e m e n ts , 1961—6 2 _________________________________________
4.
Is su e s e x clu d e d fr o m a r b itr a tio n in m a jo r c o lle c t iv e
b a rg a in in g a g r e e m e n ts , 1961—6 2 --------------------------------------------------------------5.
T ype o f a r b itr a tio n m a c h in e r y s p e c ifie d in m a jo r c o lle c t iv e
b a rg a in in g a g re e m e n ts by in d u stry , 1961—6 2 __________________________
6.
S e le c tio n o f a r b itr a to r and a g en cy s p e c ifie d in s e le c te d
m a jo r c o lle c t iv e b a rg a in in g a g re e m e n ts , 1961—6 2 _____________________
7.
S trik e and lo ck o u t p r o v is io n s in m a jo r c o lle c t iv e b a rg a in in g
a g r e e m e n ts by in d u stry , 1961—62 _______________________________________
8.
S trik e and lo ck o u t p r o v is io n s in m a jo r c o lle c t iv e ba rg a in in g
a g r e e m e n ts with and w ithout g rie v a n c e and a r b i
tr a tio n p r o v is io n s , 1961—62 ______________________________________________
9.
S trik e and lo ck o u t p r o v is io n s in m a jo r c o lle c t iv e b a rg a in in g a g r e e
m en ts b y type o f dispu te su b je ct to a r b itr a tio n , 1961—62 _____________
10. P r o v is io n s fo r a r b itr a tio n o f new o r r e v is e d co n tr a c t te r m s in
m a jo r c o lle c t iv e b a rg a in in g a g re e m e n ts by in d u stry , 1961—6 2 ----------
v
7
9
9
12
34
38
84
86
86
97
Contents— Continued
P age
A p p e n d ix e s:
A.
A r b itr a tio n p r o v is io n s in union co n s titu tio n s ____________________________
B.
T e x t o f F e d e r a l M ed ia tion and C o n cilia tio n S e r v ic e
a r b itr a tio n p o lic ie s , fu n ction , and p r o c e d u r e s , and
volu n ta ry la b o r a r b itr a tio n ru le s o f the A m e r ic a n
A r b itr a tio n A s s o c ia t i o n -----------------------------------------------------------------------------C.
S e le c te d a r b itr a tio n p r o v is io n s re p r o d u c e d in fu ll_______________________
D.
S e le c te d a r b itr a tio n p r o v is io n s n eg otia ted
by s m a ll c o m p a n ie s -----------------------------------------------------------------------------------E . Id e n tifica tio n o f c l a u s e s ____________________________________________________
113
116
125
149
157
Major Collective Bargaining Agreements--A rbitration Procedures
Chapter I. Introduction
A ll but a sm a ll p r o p o r tio n o f m a jo r a g re e m e n ts p rov id in g fo r a g r ie v a n c e
p r o c e d u r e , a ls o p r o v id e fo r fin a l and binding a rb itr a tio n o f g r ie v a n c e d isp u te s.
This w id e s p r e a d r e lia n c e upon v olu n ta ry a rb itra tio n to r e s o lv e g r ie v a n c e d isp u te s,
c h a r a c t e r is t ic o f the A m e r ic a n s y s te m o f c o lle c t iv e b a rg a in in g , is u n p a ra lle le d
am on g oth er in d u s tr ia liz e d c o u n tr ie s .
T housands o f disp u tes a r e a rb itra te d in
the U nited States ea ch y e a r under th ese p r o c e d u r e s , and even in co m p a n ie s in
w h ich no d isp u tes r e a c h the stage o f a r b itr a tio n the a v a ila b ility o f the p r o c e d u r e
un dou btedly e x e r c i s e s a sta b ilizin g in flu en ce.
In c o n tr a s t, a ll but a s m a ll p r o p o r tio n o f m a jo r a g re e m e n ts a v oid any
p r io r c o m m itm e n t to a r b itr a te d isp u tes a ris in g out o f the n eg otia tion o f new c o n
tr a c ts o r out o f c o n tr a c t reopen in g p r o v is io n s .
The in sta n ces in w hich such
a rb itr a tio n is in v o k e d , o r even m u tu ally a g r e e d to on an ad h oc b a s is , a r e s till
m o r e u n co m m o n in any y e a r.
The a r b itr a tio n o f ju r is d ic tio n a l d isp u te s, the
th ird type o f a r b itr a tio n d is c u s s e d in this r e p o r t , is con fin ed a lm o s t e n tir e ly to
the c o n s tr u c tio n in d u stry . 1
T h e se th re e types o f a r b itr a tio n d iffe r g re a tly in m a jo r and m in o r r e
s p e c ts — the a u th ority o f the a r b it r a t o r , the s co p e o f a ctu a l and p o s s ib le c a s e s ,
th eir m ean in g in te r m s o f the b a s ic p r e r o g a tiv e s o f m an ag em en t and union, the
ran ge o f p r o b le m s se t b e fo r e the a r b it r a t o r , the in flu en ce o f a r b itr a to r s upon
la b o r -m a n a g e m e n t r e la t io n s , p r o c e d u r a l m a t t e r s , e tc . The w ork in g s o f a r b it r a
tion can p r o fita b ly be stu d ied fr o m s e v e r a l d iffe re n t a n g le s; this study co n ce n tra te s
on the w ays in w hich c o lle c t iv e ba rga in in g a g re e m e n ts defin e and lim it a rb itra tio n
and the ru le s u n der w h ich a r b itr a tio n p r o c e e d s .
The bulk o f this r e p o r t dea ls with g r ie v a n c e a r b itra tio n (ch s. 2 -7 ).
S in ce
g r ie v a n c e a r b itr a tio n is the fin al stage in the settlem en t o f g r ie v a n c e d isp u te s,
this a n a ly sis is e s s e n tia lly a con tin u ation o f a p re v io u s study of g r ie v a n c e p r o
cedu res. 1
2 The sc o p e of g r ie v a n c e p r o c e d u r e s , as d e te rm in e d in the p r io r study,
is r e f e r r e d to in s e v e r a l p la c e s in this r e p o r t to ex p lain the sco p e o f g r ie v a n c e
a r b itr a tio n and its r e s t r ic t io n s .
By a ls o in clu din g in this study the nature of n o -s t r ik e , n o -lo c k o u t p led g es
in a g r e e m e n ts it b e c a m e p o s s ib le to in d ica te , fo r ea ch a g re e m e n t stu d ied , w hether
a s trik e o r lo ck o u t during the te r m o f the a g re e m e n t was p o s s ib le w ithout v io la t
ing the le tte r o f the a g re e m e n t.
The n eed fo r such an a n a ly sis b e ca m e evident
when a re fin e m e n t in the B ureau o f L a b o r S ta tis tics w o rk stop page q u e stio n n a ire
1 The arbitration of jurisdictional disputes between unions at the Federation level (AFL—CIO and its Industrial
Union Department) is not covered in this study since such arbitration is not required under the terms o f existing
collective bargaining agreements.
How union constitutions deal with the matter o f arbitrating labor-managem ent disputes is discussed in app. A
o f this bulletin.
2 Major C ollective Bargaining Agreements; Grievance Procedures (BLS Bulletin 1425-1, 1964).
1
2
r e v e a le d that a su bstan tial p r o p o r tio n of w o rk stop p a g es o c c u r during the te r m
o f a g r e e m e n ts and do not in v o lv e the n e g otia tion o f new c o n tr a c t t e r m s . 3 In
1964, fo r e x a m p le , 1 ,3 1 9 sto p p a g e s, o r 36 p e r c e n t o f a ll s to p p a g e s , w e r e o f
this c h a r a c t e r .
T h e se stop p a g es in v o lv e d a tota l o f 4 6 2 ,0 0 0 w o r k e r s and r e s u lte d
in 2 ,2 8 0 ,0 0 0 m a n -d a y s o f id le n e s s , o r about 10 p e r c e n t o f the total lo s s in
m a n -d a y s .
The B u reau counts on ly stop p a g es lastin g fo r a fu ll day o r sh ift o r
lo n g e r ; if stop p a g es o f s h o r te r du ration w e re in clu d e d , the v olu m e and p r o p o r tio n
o f stop p a g es a r is in g during the t e r m o f a g re e m e n ts w ould u n dou bted ly be su b
sta n tia lly h ig h e r.
An a n a ly sis o f c o n tr a c t lim ita tio n s on the s c o p e o f the d i s
pute— settlin g m a c h in e r y and o f n o - s t r ik e , n o -lo c k o u t p le d g e s su g g e sts that the
s o u r c e o f the s e e m in g ly high p r e v a le n c e o f stop p a g es a r is in g during the te r m o f
a g r e e m e n ts m a y lie in the a g r e e m e n t its e lf. 4 W hether o r not it is d etrim e n ta l
to sound la b o r -m a n a g e m e n t r e la tio n s to w ithhold c e r ta in ty p es o f d isp u tes fr o m
a r b itr a tio n , o r to r e s t r i c t the a u th ority o f the a r b it r a t o r , o r even to a v o id a r b i
tra tio n e n tir e ly , is a d iffe r e n t s u b je c t, not h e re c o n s id e r e d .
A r b itr a tio n and the C ou rts
D e c is io n s o f the U .S . S u p rem e C ou rt s in ce 1957, upholding e n fo rce m e n t
o f a r b itr a tio n c la u s e s in c o lle c t iv e b a rg a in in g a g r e e m e n ts , and lim itin g the s c o p e
o f the F e d e r a l c o u r ts in th e ir r e v ie w of a rb itra tio n c a s e s , m ay have a s ig n ifi
cant e ffe c t on the s c o p e o f a r b itr a tio n and a r b itr a tio n p r o c e d u r e . 5
In the fir s t c a s e — L in c o ln M i l l s , 6 in 1957— the C ou rt h eld that s e c tio n
301(a) o f the L a b o r M an agem en t R e la tion s A c t (L M R A ) e m p o w e rs the F e d e r a l
c o u r ts to c o m p e l s p e c if ic p e r fo r m a n c e o f a r b itr a tio n c la u s e s in c o l le c t iv e b a r
gain in g a g r e e m e n ts , and that the F e d e r a l c o u rts should d ir e c t a rb itra tio n w h e re ,
g e n e r a lly sp ea k in g , it found both a n o -s t r ik e c la u s e and an a r b itr a tio n cla u s e in
an a g r e e m e n t. The C ou rt fu rth e r stated th a tnthe a g re e m e n t to a rb itr a te g rie v a n ce
d isp u tes w as c o n s id e r e d as quid p ro quo o f a n o -s t r ik e a g re e m e n t . . . , "an d that
the le g is la t io n " e x p r e s s e s a F e d e r a l p o lic y that F e d e r a l c o u r ts should e n fo r c e
th e se a g r e e m e n ts on b e h a lf o f o r a g a in st la b o r o r g a n iz a tio n s and that in d u stria l
p e a c e can b e s t be obtain ed in that w ay . . .
We co n clu d e that the su bstan tive
law to a p p ly in su its u n der s e c tio n 301(a) is a F e d e r a l law w h ich the co u r ts m u st
fa sh io n fr o m the p o lic y o f our n ation al la b o r l a w s ."
F o llo w in g the L in c o ln ru lin g , s e v e r a l c a s e s in v olv in g q u e stio n s o f a r b i
tra b ility and m e r it o f the a w a rd w e r e ap p ea led to the U .S . S u p rem e C ou rt, r e
sulting in th re e d e c is io n s handed down in I960 (S te e lw o r k e r s — A m e r ic a n M anu
fa ctu rin g C o. , E n te r p r is e W h eel and C ar C orp . , and W a r r io r and G u lf N avigation
C o .), co m m o n ly c a lle d the " t r i l o g y . " T h e se d e c is io n s h eld that: ( l ) The c o u rts
cou ld not c o n s id e r the m e r it s o f a g r ie v a n c e , but on ly w h eth er it is c o v e r e d by
the c o n tr a c t; (2) an a r b it r a t o r 's a w a rd w hich w as w ithin the s c o p e o f the co n tr a c t
m u st be e n fo r c e d , w h eth er o r not the c o u rts a g r e e with his in te rp re ta tio n ; and
3 See Analysis o f Work Stoppages for the years 1961-64 (BLS Bulletins 1339, 1381, 1420, and 1460).
4 "W ildcat" or "outlaw" strikes in defiance o f agreement terms do occur and are included in the Bureau's work
stoppage data (the Bureau has no way o f identifying these).
To the extent that such stoppages occur because the
agreement provides no mechanism for dealing with workers' complaints or grievances, or a restrictive procedure, a
study o f agreement language would be pertinent.
® See, for exam ple, Fourteenth Annual Report, Fiscal Year 1961, Federal Mediation and Conciliation Service,
p. 4 0 , and "The Supreme Court and Labor Dispute Arbitration: The Emerging Federal Law ," by Russell A. Smith
and Dallas L. Jones, in Michigan Law R eview , March 1965, pp. 751-808.
6
Textile Workers v. Lincoln Mills, 353 U. S. 448, 1957.
For a summary o f this decision, see Monthly Labor
Review , August 1957, pp. 976-977.
3
(3) the courts may refuse to compel arbitration only if the contract explicitly
exempts the issue. Excerpts of brief summaries from the three cases, published
in the Monthly Labor Review, August I960, follow:
1
Case No. 1. The U. S. Supreme Court h e ld that in a suit to com pel arbitration in a case where
the parties had agreed to submit all questions o f contract interpretation to an arbitrator, the Federal
courts were lim ited to determining whether the dispute in issue was governed by the contract and
that they had no power to evaluate the merits o f the dispute. . . . The Court held that the pur
pose o f the grievance and arbitration procedure was to provide an environment wherein all grievances,
both serious and frivolous, could be aired and possibly settled, since "the processing o f even frivolous
claims may have therapeutic values
which those who are not part of the plant environment
may be quite unaware. "
[off
A concurring opinion pointed out that the entire purpose o f an arbitration clause is to substitute the
informed judgement o f an arbitrator for that o f a court. Therefore, when a court is asked to enforce
an arbitration clause it should ordinarily refrain from involving itself in the interpretation o f the sub
stantive provisions o f the contract.
Case No. 2.
The U. S. Supreme Court held that insofar as an arbitrator's award was within the
limits determined by the contract, a court could not refuse enforcement o f the award merely be
cause his interpretation o f the collective bargaining contract differed from that o f the court.
In this case, a group o f employees left their jobs in protest against the discharge o f a fellow worker.
When the employer refused to reinstate the employees or arbitrate the matter, the union sought en
forcement o f the arbitration provision of the contract in the district court.
The contract provided
that any unresolved differences "as to the meaning and application" o f their contract should be sub
mitted to an arbitrator. The contract also provided that if the arbitrator decided that an employee
had been suspended or discharged in violation o f the agreement, the em ployee would be reinstated
with compensation for the lost tim e. The parties had also agreed that since the arbitrator would be
their final judge, both parties would refrain from instituting civil suits or legal proceedings against
the other for alleged violations o f the contract. . . .
The Court pointed out that the appellate court's decision refusing to enforce the reinstatement and
back-pay award was not based on any finding that the arbitrator had exceeded his authority under
the contract; the court o f appeals simply disagreed with his interpretation o f it.
This, the Supreme
Court held, is not the province o f the court.
It is the arbitrator's judgement which is bargained for
by the parties, not the court's and the courts have "no business overruling him because their in
terpretation o f the contract is different from his. " His award is "le g itim a te ," the Court held,
. . so long as it draws its essence from the collective bargaining agreement. " According to the
Court, it is only when the arbitrator's words manifest infidelity to this obligation, that the courts
may refuse to enforce his award.
In the absence o f evidence o f such infidelity, the courts must
enforce an arbitrator's award whether or not they agree with his interpretation of the contract. . . .
Case No. 3 . The U. S. Supreme Court held that in the absense of an express agreement excluding
the contracting-out o f work from arbitration, grievances arising from subcontracting must be arbitrated.
. . . The employer refused to arbitrate and successfully argued in both the district court and the
court o f appeals that the contracting-out o f work was excluded from arbitration as a strictly man
agement function.
4
The U. S. Supreme Court, in overruling the lower courts, held that since the Lincoln Mills decision,
an arbitration provision in a collective agreement could be enforced by virtue of section 301(a) of
the Labor Management Relations Act. The Court stated that it is the policy o f that act to promote
industrial stability through the collective bargaining process.
In order to effectuate this policy, it
is necessary, according to the Court, to regard a collective bargaining agreement as far more than
a mere com m ercial contract which parties are free to enter or avoid as they wish.
In the Court's
view, the collective bargaining agreement is a "generalized code" covering the whole employment
relationship, which, unlike a com m erical contract, usually exists before the contract is even executed*1
4
3
2
1 United
2 United
3 United
4 Textile
pp. 967-977.
Steelworkers v. American Manufacturing Co. (U. S. Sup. Ct. , June 20, 1960).
Steelworkers v. Enterprise Wheel and Car Corp. (U. S. Sup. Ct. , June 20, 1960).
Steelworkers v. Warrior and Gulf Navigation Co. (U. S. Sup. Ct. , June 20, 1960).
Workers v. Lincoln Mills, 353 U. S. 448, . . . Monthly Labor Review , August 1957,
4
Therefore, the Court asserted that, apart from matters that the parties specifica lly exclude, all ques
tions on which the parties disagree must com e within the scope o f the grievance and arbitration pro
visions o f the contract. Since the exclusionary clause in the contract at issue did not expressly m en
tion the contracting-out o f maintenance work, it must be assumed that it was im plicit in the arbi
tration clause.
To hold otherwise would be to restrict the scope o f the arbitration clause, which
is itself a part o f the continuing collective bargaining process protected by the congressional policy
o f favoring the settlement o f disputes through the method agreed upon by the parties.
Moreover,
the Court pointed out that if the courts, in their legitim ate function o f determining what is arbitrable,
were to consider what is strictly a management function and what is not, the "arbitration clause
would be swallowed up by the exception. " . . .
If th ese d e c is io n s a r e to have an im p a ct on the s c o p e o f a r b itr a tio n and
a r b itr a tio n p r o c e d u r e s , it w ill b e c o m e evid en t in a g r e e m e n ts on ly a fte r m any
y e a r s and p r e s u m a b ly one o r m o r e c o n tr a c t r e n e g o tia tio n s .
T h is study o f a g r e e
m e n ts in e ffe c t in 1961 and 1962, w ith so m e r e v ie w o f c la u s e s in la te r a g r e e
m e n ts , u ndoubtedly o c c u r r e d to o so o n a fte r the t r ilo g y d e c is io n s to m e a s u r e o r
evalu a te th e ir in flu e n ce on a g r e e m e n t language. A r e fe r e n c e to ch an ges in m a jo r
e l e c t r ic a l equ ipm en t a g r e e m e n ts w ill be found on page 16.
S co p e o f Study
T o p r e s e r v e the con tin u ity b etw een g r ie v a n c e p r o c e d u r e s and a r b itr a tio n as
s u b je c ts o f stu dy, the sa m e a g r e e m e n ts w e r e a n a ly ze d in both stu d ie s .
T h is study is b a se d on an a n a ly sis o f 1,717 c o lle c t iv e ba rg a in in g a g r e e m e n ts ,
ea ch c o v e r in g 1 ,0 0 0 w o r k e r s o r m o r e , r e p re s e n tin g p r a c t ic a lly a ll a g r e e m e n ts o f
this s iz e in the U nited S ta te s, e x c lu s iv e o f r a ilr o a d , a ir lin e , and g o v e rn m e n t
a g r e e m e n t s . 7 The 7. 4 m illio n w o r k e r s c o v e r e d by th e se a g re e m e n ts a cco u n te d
fo r s lig h tly le s s than h a lf o f a ll w o r k e r s e stim a te d to be c o v e r e d by c o lle c t iv e
b a rg a in in g a g r e e m e n ts in the U nited S ta tes, e x c lu s iv e o f r a ilr o a d , a ir lin e , and
govern m en t w o rk e rs .
M a n u fa ctu rin g esta b lish m e n ts a cco u n te d f o r 1 ,0 4 5 a g r e e
m e n ts , c o v e r in g 4 . 4 m illio n w o r k e r s ; non m an u factu rin g e s ta b lis h m e n ts , fo r
672 a g r e e m e n ts applying to 3 m illio n w o r k e r s . M u ltie m p lo y e r g ro u p s n eg otia ted
616 o f the 1 ,7 1 7 a g r e e m e n ts , c o v e r in g 3. 1 m illio n w o r k e r s .
A ll s t a t is t ic a l data p r e s e n te d in this r e p o r t r e la te to a g re e m e n ts in e ffe c t
in 1961—62.
V ir tu a lly a ll illu s tr a tiv e c o n tr a c t c la u s e s r e p r o d u c e d in this r e p o r t,
h o w e v e r , w e r e e x c e rp te d fr o m a g r e e m e n ts in e ffe c t in 1963—64.
In o r d e r to e x p lo r e c e r ta in p r o c e d u r a l and a d m in is tra tiv e m a tte rs in d e ta il,
a sa m p le o f n e a r ly o n e -fo u r th (416) o f the 1, 717 a g re e m e n ts w as a n a ly ze d .
F or
this s a m p le , e v e r y fou rth a g r e e m e n t in ea ch in d u stry w as s e le c t e d fr o m a lis t
o f a g r e e m e n ts in d e sce n d in g o r d e r o f w o r k e r c o v e r a g e .
D is c u s s io n b a s e d on
this sa m p le r a th e r than on a ll a g r e e m e n ts is id e n tifie d in this r e p o r t .
A r e v ie w o f r e f e r e n c e s to a r b itr a tio n o f la b o r m an ag em en t d isp u tes in s e
le c t e d u nion co n stitu tio n s is p r e s e n te d in app en dix A .
C la u ses w e r e s e le c te d fo r
q u ota tion in this r e p o r t to illu s tr a te e ith e r the ty p ic a l p r o c e d u r e o r the v a r ie ty
o f w ays in w h ich n e g o tia t o r s handle a s p e c ific p r o b le m .
M in o r e d ito r ia l ch an g es
w e r e m ade w h e re n e c e s s a r y to enhance c la r it y and p a rts c o n s id e r e d ir r e le v a n t
w e r e o m itte d w h e re fe a s ib le .
The c la u s e s a r e n u m b e re d and the a g r e e m e n ts fr o m
w h ich th ey have b een taken a r e id e n tifie d in appendix E . In ap p en d ix B , s e v e r a l
7
For its file o f agreements maintained under sec. 211 o f the Labor Management Relations A ct, 1947, the
Bureau attempts to obtain copies o f all agreements in the United States covering 1 ,0 00 workers or more.
Railroad
and airline agreements, which are filed with the National Mediation Board, are not sought by the Bureau and are
thus excluded from all studies o f agreement provisions.
Federal Government agreements are excluded because o f
their special nature.
For a more detailed description o f the coverage o f major agreements, see Major Union Con
tracts in the United States, 1961 (BLS Bulletin 1353, 1962).
5
a rb itr a tio n p r o c e d u r e s a r e r e p r o d u c e d in th eir en tire ty to illu s tr a te how the p a rts
fit to g e th e r in the w h ole. In app en dix D , a v a r ie ty o f c o m p le te a r b itr a tio n c la u s e s
n e g o tia te d b y s m a ll co m p a n ie s (a greem en ts c o v e r in g fe w e r than 150 e m p lo y e e s ) a r e
p re s e n te d .
N on e o f the c la u s e s qu oted in this r e p o r t is intended to r e p r e s e n t
a " m o d e l11 c la u s e .
R e la te d Studies in S e r ie s
A s in d ica te d in the study o f g r ie v a n c e p r o c e d u r e s , s p e c ia liz e d m eth od s o f
a d ju stin g d isp u tes w ill be stu d ied s e p a r a te ly .
F o r e x a m p le , the handling o f c o m
pla in ts and a p p ea ls in the a d m in istr a tio n o f e m p lo y e e -b e n e fit plans often is e x
clu d e d fr o m the re g u la r g r ie v a n c e -a r b it r a t io n m a c h in e r y , as is the a r b itr a tio n
o f d is a g r e e m e n ts betw een union and m an agem en t tr u s te e s o f m u ltie m p lo y e r p la n s.
P r e v a le n c e o f G r ie v a n c e A r b it r a t io n 8
P r o v is io n fo r a r b itr a tio n o f so m e o r a ll g r ie v a n c e d isp u tes w as in c o r p o r a te d
in
1 ,6 0 9 (94 p e rce n t) o f the 1 ,7 1 7 a g re e m e n ts a n a ly ze d , c o v e r in g 96 p e r c e n t
o f the w o r k e r s (table 1).
The p r o p o r tio n o f a g re e m e n ts p ro v id in g f o r g r ie v a n c e
a rb itr a tio n r e fle c t s a stea d y in c r e a s e in p r e v a le n c e .
In 1944, 1949, and 1952
B ureau stu d ie s , a r b itr a tio n p r o v is io n s w e r e found in 73, 83, and 89 p e r c e n t o f
the a g r e e m e n ts , r e s p e c t iv e ly . 9
In 46 c o n t r a c t s , a r b itr a tio n p r o c e e d in g s cou ld be in itiated on ly by m utual
c o n s e n t, i. e. , i f both p a r tie s a g r e e d to a rb itra tio n .
A p p r o x im a te ly tw o -th ir d s
o f the 46 w e r e c o n c e n tr a te d in fo u r in d u strie s— lo c a l tru ck in g , e l e c t r ic a l m a c h in
e r y , a u to m o b ile , and c h e m ic a ls .
The re m a in d e r w e re s c a tte r e d through m an u
fa ctu rin g and n on m an u factu rin g in d u s tr ie s .
In a ll but fo u r in d u s tr ie s , 90 p e r c e n t o r m o r e o f the a g re e m e n ts p r o v id e d
fo r g r ie v a n c e a r b itr a tio n .
The fr e q u e n cy o f such c o n tr a c t p r o v is io n s in the fo u r
in d u strie s w as a s fo llo w s : L u m b e r and w ood p r o d u c t s , 62 p e rce n t; p r im a r y m e ta ls,
88 p e r c e n t; s e r v i c e s , 89 p e r c e n t; and co n s tru ctio n , 82 p e r c e n t. In the c o n s tr u c tio n
in d u stry , 6 o f the 31 c o n tr a c ts w ithout a r b itr a tio n p r o v is io n s w e re n eg otia ted
by the N a tion a l E l e c t r ic a l C o n tr a c to r s A s s o c ia t io n and the In tern a tion a l B r o t h e r
h ood o f E l e c t r ic a l W o r k e r s .
D isp u tes under c o n tr a c ts with th ese p a r tie s w e re
to be se ttle d th rou gh the C ou n cil o f In d u stria l R e la tio n s f o r the E le c t r ic a l C o n
tra ctin g In d u stry ; the m akeup o f the co u n c il d o e s not p r o v id e fo r an im p a rtia l
th ird p a rty . 10
T w en ty o f the 108 a g r e e m e n ts w ithout p r o v is io n fo r g r ie v a n c e a r b itr a tio n
w e r e m u ltie m p lo y e r a g r e e m e n ts w h ich a ls o fa ile d to p r o v id e f o r a fo r m a l g r i e v
a n ce p r o c e d u r e .
8 The prevalence o f clauses calling for arbitration o f contract terms and jurisdictional disputes is discussed
in chs. 8 and 9, respectively.
9 See Arbitration Provisions in Union Agreements, BLS Bulletin 780, 1944 (this survey covered agreements
in 14 selected manufacturing industries); " Arbitration Provisions in Union Agreements in 1949, MMonthly Labor Review,
February 1950; and "Arbitration Provisions in C ollective Agreements, 1 9 5 2," Monthly Labor Review , March 1953.
10 See BLS Bulletin 1425-1, op. cit.
Chapter II. Scope of Grievance Arbitration
A ll a g r e e m e n ts p ro v id in g fo r a g r ie v a n c e p r o c e d u r e and f o r a r b itr a tio n o f
g r ie v a n c e d isp u tes e ith e r e x p lic it ly o r im p lic it ly d efin e the s c o p e o f the g r ie v a n c e
and a r b itr a tio n p r o c e d u r e s , and the ju r is d ic t io n o f the a r b it r a t o r .
Only a s m a ll
m in o r it y o f a g r e e m e n t s , as is d e m o n s tra te d in this c h a p te r, open the d o o r s w ide
to a d m it any and a ll p o s s ib le g r ie v a n c e s into the g r ie v a n c e p r o c e d u r e and any
and a ll g r ie v a n c e d isp u te s to a r b itr a tio n . M o s t a g r e e m e n ts im p o s e a r e s t r ic t io n
o r e x c lu s io n in the g r ie v a n c e p r o c e d u r e , 11 o r in a r b itr a tio n , o r in both.
In a n a lyzin g e a ch o f 1 ,6 0 9 a g r e e m e n ts setting fo r th a r b itr a tio n p r o c e d u r e s ,
a n s w e r s to the fo llo w in g q u e stio n s w e r e sought:
1.
A r e a ll g r ie v a n c e disp u tes (i. e. , th ose
o f the g r ie v a n c e p r o c e d u r e ) a r b it r a b le ?
n ot r e s o lv e d in the
la s t step
2.
If n o t, how d o e s the s c o p e o f a r b itr a tio n d iffe r fr o m the s c o p e o f
the g r ie v a n c e p r o c e d u r e s (i. e. , what ty p es o f g r ie v a n c e d isp u tes a r e
n o n a rb itra b le ) ?
3.
W ithout c o n s id e r in g the s c o p e o f the g r ie v a n c e p r o c e d u r e , how d oes
the a g r e e m e n t d efin e o r lim it the s c o p e o f a r b itra tio n o r the a r b i
t r a t o r ^ ju r is d ic t io n ?
W h ich is s u e s a r e ex clu d e d fr o m a r b itr a tio n ,
if a n y ?
4.
F in a lly , in co n ju n ctio n w ith the p r e s e n c e , a b s e n c e , o r lim ita tio n o f
a n o - s t r i k e , n o -lo c k o u t p r o v is io n in the a g r e e m e n t, can a dispute
betw een the p a r tie s c o n c e iv a b ly eru pt into a w o rk stop p a g e b e c a u s e
it lie s o u tsid e the s c o p e o f the g r ie v a n c e p r o c e d u r e a n d /o r a r b itr a tio n ?
(T h is is d is c u s s e d in ch a p te r 7 .)
Q u e stio n s su ch as th e s e , a s w e ll as o th e r s d ea lt with la te r in this r e p o r t ,
r e f l e c t an attem p t to s u b je c t a g r e e m e n t lan gu age to c l o s e and s o m e tim e s lit e r a l
s c r u tin y , as a r b it r a t o r s t h e m s e lv e s a r e often r e q u ir e d to do.
The intent o f
the p a r t ie s , th e ir d a y -t o -d a y d e c is io n s , th e ir e x e r c i s e o f r e a s o n a b le n e s s and
r e s p o n s ib ilit y , can n ot be a s s e s s e d in a g r e e m e n t a n a ly s is , and it is w e ll f o r
the r e a d e r to b e a r th e se lim ita tio n s in m in d , p a r t ic u la r ly in the d is c u s s io n
that fo llo w s .
G r ie v a n c e P r o c e d u r e s and A r b itr a tio n
In 7 out o f 10 a g r e e m e n ts ca llin g f o r g r ie v a n c e a r b itr a tio n , a ll g r ie v a n c e
d isp u tes n ot s a t is fa c t o r ily r e s o lv e d at the la s t step in the g r ie v a n c e p r o c e d u r e
co u ld b e r e f e r r e d to a r b itr a tio n , s u b je c t to the r u le s f o r r e f e r r a l (table 1).
The ju r is d ic t io n o f the a r b it r a t o r , in o th er w o r d s , m a tch ed the ju r is d ic t io n o f
the fo r m a l g r ie v a n c e p r o c e d u r e .
T he c la u s e can be s im p ly w o rd e d , as in the
fo llo w in g e x a m p le :
In the event the dispute shall not have been satisfactorily settled in the preceding steps, the matter
shall then be appealed to an impartial umpire . . .
(1)
11 See BLS Bulletin 1425-1, op. c i t . , pp. 2 and 6.
6
7
T a b le 1.
G r ie v a n c e A r b it r a t io n P r o v i s io n s by J u r is d ic t io n o f the A r b it r a t o r and by In d u stry
in M a jo r C o lle c t iv e B a rg a in in g A g r e e m e n t s , 1961—62
( W o r k e r s in th ou san d s)
In dus tr y
Agree ments
J u r i s d i c t i o n o f the a r b i t r a t o r
N u m b e r with
grievance
a r b i t r a ti o n
provisions
Number
studied
W ork
ers
Agree
ments
W ork
ers
No p r o v i s i o n f o r
grievance a r b i
tr at io n
A gree
ments
W ork
ers
A l l i n d u s t r i e s _____________
1, 71 7
7,438. 4
1 , 60 9
1, 124
4, 683. 9
482
2,477. 9
3
10. 4
108
2266. 3
M a n u f a c t u r i n g _______________
1, 045
4,351.3
988
4,2 1 6 .6
664
2,513. 5
322
1,694.5
2
8. 6
57
134. 8
20
118
12
31
67. 5
360. 5
25. 8
81.2
19
116
7
31
66. 5
354. 4
14. 6
81.2
7
87
6
21
21.4
262. 2
13. 6
59. 7
12
28
1
10
1. 0
6. 1
11. 3
-
53
456. 2
53
456 . 2
50
451 . 2
3
5. 0
13
19
57
26. 1
33. 2
125. 9
8
18
56
16. 5
31.8
124. 7
7
15
44
15. 2
28. 0
102. 7
1
3
12
1 .4
3. 8
22. 0
O r d n a n c e and a c c e s s o r i e s _____
F o o d and k i n d r e d p r o d u c t s _____
T o b a c c o m a n u f a c t u r e s ________
T e x t i l e m i l l p r o d u c t s ___________
A p p a r e l and o t h er fin i s h e d
products
. _ ................... . . . . .
L u m b e r and w o o d p r o d u c t s ,
e x c e p t fu r n it u r e .... .
F u r n it u r e and f i x t u r e s _________
P a p e r and a l l i e d p r o d u c t s ______
P r i n t in g , pu b lis hi ng , and
a l li e d i n d u s t r i e s _______________
C h e m i c a l s and a l li e d
p r o d u c t s . . . ............................
P e t r o l e u m r ef in in g and r e
la ted i n d u s t r ie s
.. .
. ...
R u b b e r and m i s c e l l a n e o u s
p l a s t i c s p r o d u c t s ______________
L e a t h e r and l ea t h er p r o d u c t s . . .
Stone, c l a y , and g l a s s
p r o d u c t s ________________________
P r i m a r y m e t a l i n d u s t r i e s _ __
Fa bricated m etal products
M a c h i n e r y , e x c e p t e l e c t r i c a l __
E lectrical m achinery, equip
m e n t , and s u p p l i e s ____________
T r a n s p o r t a t i o n e q u i p m e n t ______
I n s t r u m e n t s and r e la t e d
p r o d u c t s ________________________
M i s c e l l a n e o u s m a n u f a c t u r in g
i n d u s t r i e s _______________________
7, 172. 1
A l l di s p u t e s
Certain types of
go in g thro ugh
Oth er 1
grievance d i s
grievance p r o
putes e x c l u d e d
cedures
A g ree W ork A g re e W ork A g ree W ork
ers
ments
ments
ers
ers
ments
45.
89.
1.
21.
1
7
0
5
34
70. 8
34
70. 8
24
48. 3
10
22. 5
53
102. 0
53
102. 0
24
43. 8
29
58. 2
15
49. 2
15
49. 2
12
39. 1
3
10. 1
23
11
73. 7
35. 0
6
8
52. 5
32. 0
.
1
-
2. 6
-
1
2
5
-
-
-
5
1
1
9. 6
1.4
1. 2
-
-
-
-
29
19
126. 2
66.9
29
19
126. 2
66. 9
41
113
52
106
1 1 0 .3
627. 6
1 4 0 .8
310. 9
40
99
50
98
109.
600.
137.
294.
1
5
6
8
27
72
39
58
63.
519.
116.
153.
1
0
8
9
13
27
11
40
46.
81.
20.
140.
0
5
8
9
-
-
1
14
2
8
1.
27.
3.
16.
105
120
421. 0
1,074.4
100
108
413 . 6
1,025. 1
53
62
166. 5
250. 7
47
45
247. 1
768. 5
1
6. 0
5
12
7. 5
49. 3
24
53. 5
24
53. 5
13
32. 4
11
21. 1
.
.
3
1
2
1
_
11
21. 9
11
21.9
9
17. 6
2
4. 3
-
-
N o n m a n u f a c t u r i n g ___________
672
3, 087. 1
621
2, 955. 6
460
2,170.4
160
783. 4
1
1.8
51
1 3 1 .6
Mining; c r u d e p e t r o l e u m and
na tu ra l gas p r o d u c t i o n _______
T r a n s p o r t a t i o n 3_________________
C o m m u n i c a t i o n s ________________
U ti lit ie s : E l e c t r i c and gas
W h o l e s a le t r a d e _________________
R e t a i l t r a d e ______________________
H o te l s and r e s t a u r a n t s _________
S e r v i c e s _________________________ _
C o n s t r u c t i o n _____________________
M isce lla n e o u s nonmanu-
18
115
80
79
13
106
37
53
170
237.
681.
501.
195.
25.
289.
171.
177.
805.
8
1
3
1
2
9
2
7
1
18
113
77
77
13
103
34
47
139
237. 8
6 78 .3
4 81 .4
192. 8
25. 2
284. 6
163. 2
169. 5
722. 9
10
85
18
63
13
79
33
31
128
8
28
59
14
_
23
1
16
11
19. 6
1 1 1 .2
370. 1
53. 7
_
1. 8
-
2
3
2
2.9
19. 9
2. 3
2. 9
-
f a c t u r i n g i n d u s t r i e s ......................
1
-
-
218. 2
567. 1
1 1 1 .3
139. 1
25. 2
227. 7
154. 1
103. 1
624. 8
-
-
_
55.
9.
66.
98.
-
1 2 mu lti pl an t a g r e e m e n t s p r o v i d e d f o r l o c a l plant ne g o t i a t io n o f a r b i t r a t i o n r u l e s ; and
i fi e d onl y d i s c h a r g e as a r b i t r a b l e .
2 I n c lu d e s 20 a g r e e m e n t s with no p r o v i s i o n f o r g r i e v a n c e p r o c e d u r e .
3 E x c l u d e s r a i l r o a d and a i r li n e i n d u s t r i e s .
NOTE:
B e c a u s e o f ro un di ng ,
s um s o f indi vid ual i t e m s m a y not equal t o t a ls .
-
2
2
5
1
1
-
_
_
-
-
-
_
_
-
3
3
6
31
5.
8.
8.
82.
-
1
_
1 m ulticom pany agreem ent
3
0
2
2
2. 9
spec
8
In the balance of the agreements
differed from the grievance provision,
jurisdiction.
For example:
(3 out of 10), the scope of arbitration
typically restricting the arbitrator's
Disputes related to the interpretation or application o f the terms o f this agreement are grievances
and shall be taken up for settlement in the simplest and most direct manner.
Other disputes may be discussed in the grievance procedure, but are not subject to arbitration.
(2)
The ten d en cy to e x clu d e c e r ta in g r ie v a n c e is s u e s fr o m a rb itra tio n w as
p a r t ic u la r ly p ro n o u n ce d in the c h e m ic a l, m a c h in e r y , e le c t r ic a l equ ipm en t, t r a n s
p o r ta tio n equ ipm en t, and co m m u n ica tio n in d u s tr ie s . In in d u strie s in w hich m u lti
e m p lo y e r b a rg a in in g p r e d o m in a te s ( e . g . a p p a r e l, m in in g , tr a n s p o r ta tio n , c o n s t r u c
tion) a sin g le stan d ard f o r fo r m a l g r ie v a n c e s e ttle m e n t and a r b itra tio n p r e v a ile d .
The nature o f the lim ita tio n on a rb itra tio n as a g ain st the g r ie v a n c e p r o c e
du re is r e v e a le d when the s c o p e o f the g rie v a n c e p r o c e d u r e is taken into a ccou n t
(ta b le 2). S ig n ifica n tly , h a lf o f the a g re e m e n ts that open ed the g r ie v a n c e p r o c e
d u re to any g r ie v a n c e r e s t r ic t e d the s c o p e o f a rb itra tio n .
On the oth e r hand,
on ly about 1 out o f 8 a g r e e m e n ts that lim ite d g r ie v a n c e p r o c e s s in g to com p la in ts
in v o lv in g the in te r p r e ta tio n , a p p lica tio n , o r v io la tio n o f the a g re e m e n t cut b a ck
the ju r is d ic t io n o f the a r b it r a t o r .
A tota l o f 340 a g r e e m e n ts , out o f the 1 ,7 1 7
stu d ied , p r o v id e d what m a y be c o n s id e r e d the u ltim a te in the handling o f w o r k e r s '
co m p la in ts — e v e r y g r ie v a n c e w as g u aran teed a h ea rin g and e v e r y g r ie v a n c e
disp u te a se ttle m e n t.
A m o n g the 485 a g r e e m e n ts in w h ich the ju r is d ic t io n o f the a r b itr a to r d iffe r e d
fr o m the s c o p e o f the g r ie v a n c e p r o c e d u r e , 342 op en ed the g r ie v a n c e p r o c e d u r e
to a ll c o m p la in ts but lim ite d the s c o p e o f a r b itr a tio n , c h ie fly by r e s tr ic tin g the
a r b it r a t o r to d isp u tes in volv in g the in te rp re ta tio n , a p p lica tio n , o r v io la tio n o f
the c o n tr a c t (192 a g r e e m e n ts ) (ta b le 3 ).
A n oth er 103 a g re e m e n ts so d efin ed
the s c o p e o f a r b itr a tio n and a ls o e x clu d e d one o r m o r e s p e c ific i s s u e s , w h ile
45 a g r e e m e n ts op en ed a r b itr a tio n to any disp u te with one o r m o r e s p e c ific e x
c e p tio n s .
W h ere g r ie v a n c e p r o c e d u r e s w e r e lim ite d to d isp u tes in volv in g the
in te r p r e ta tio n , a p p lic a tio n , o r v io la tio n o f the a g r e e m e n t, the a r b it r a t o r 's j u r i s
d ictio n was c u r ta ile d in 112 a g r e e m e n ts by ex clu d in g one o r m o r e s p e c ific is s u e s .
J u r is d ic t io n o f the A r b it r a t o r
The ju r is d ic t io n o f the a r b it r a t o r in g r ie v a n c e d isp u tes is ty p ic a lly d efin ed
in two b a s ic w a y s, w h eth er e x p r e s s e d o r im p lie d — f i r s t , in r e la tio n to the d i s
putes that a r e a r b it r a b le and s e c o n d ly , in r e la tio n to the s c o p e o f h is d e c is io n s .
In the la tte r, it w as c o m m o n ly stip u la ted , o r , if n ot, im p lic it ly a c c e p te d by
the p a r tie s (in clu din g the a r b it r a t o r ), that—
The arbitrator shall have no authority to
o f this agreement.
(3)
add to, subtract from, m odify, or amend any provisions
A s in d ica te d , m o s t a g r e e m e n ts (1 ,1 7 3 ) r e s t r ic t e d a r b itr a tio n to d isp u tes
in volv in g the in te r p r e ta tio n , a p p lic a tio n , o r v io la tio n o f the a g re e m e n t (s o m e
tim e s sta ted as d isp u tes in v olv in g w a g e s , h o u r s , o r w ork in g co n d itio n s ).
The
jo b o f the a r b it r a t o r un der this d ir e c tio n w as to a pp ly the re le v a n t a g re e m e n t
9
Ta ble 2„ Relat ion of Gr ie va nc e I s s u e s to Scope of A r b i tr a t io n
in M a jo r C ol le ct iv e Barg ainin g A g r e e m e n t s , 19 61—62
______________________________( W o r k e r s in t h o u s a n d s ) ____________________________
N u m b e r of g r i e v
ance provision s
G rievance issu e s
J u risd ic tio n of a rb itra tio n
N u m b e r of a r b i tration p r o v isio n s
Agree
m ents
W orkers
Agree
m ents
W orkers
Sam e as g r ie v
ance provision
Agree
W orkers
m ents
D iffers fro m g r ie v
ance provision
Agree
W orkers
m ents
T o t a l ________________________________
1 ,697
7, 3 87. 7
1, 6 0 9
7, 172. 1
1, 1 2 4
4, 683. 9
485
2 ,4 8 8 .3
A ll disputes between p a r tie s—
W i t h o u t e x c e p t i o n __ _______________
1 or m o r e is s u e s exclu ded
742
48
3,51 7 . 3
331. 6
682
48
3 ,35 0 . 1
331. 6
3 40
23
1 ,6 0 0 .9
108. 5
342
25
1, 7 4 9 . 3
223. 1
I n te rp re ta tio n , a p p lication, or
violation—
W i t h o u t e x c e p t i o n ___________________
1 or m o r e i s s u e s exclu ded..
867
40
3, 1 91 . 2
347. 6
839
40
3, 1 4 2 . 9
347. 6
726
35
2 ,65 0 . 1
324. 5
1 13
5
492. 8
23. 2
NOTE:
B e c a u s e of roun d in g,
Table
3.
s u m s of in d iv i d u a l i t e m s m a y not e q u a l t o t a l s .
D i f f e r e n c e s B e tw e en A r b i t r a t o r 's J u r is d ic t io n and Scop e of G r i e v a n c e
i n M a j o r C o l l e c t i v e B a r g a i n i n g A g r e e m e n t s , 1 9 6 1 —6 2
Procedure
( W o r k e r s in t h o u s a n d s )
N u m b e r of a r b i
tration p rovision s
which d iffer fr o m
grievance p r o
cedure
I s s u e s s u b j e c t to
grievance procedure
Agree m ents
W ork
ers
T y p e of disp u tes
A ll d is p u te s — 1 or
m o r e specific issu e s
e xclu ded
Agree
ment s
1 3
10. 4
45
367. 1
192
686. 3
1 03
691. 5
2
4. 4
25
223. 1
-
-
-
1 ,7 4 9 . 3
25
223. 1
In terpretation, ap p li
cation, or violation—
W i t h o u t e x c e p t i o n s ___
1 or m o re issu es
e xclu ded
1 13
492. 8
-
5
23. 2
NOTE:
1,
table
~
-
-
-
-
1 12
486. 8
1
6. 0
-
-
5
23. 2
"
-
1.
B e c a u s e of rounding,
W ork
ers
1 ,2 0 1 . 5
342
See footnote
Agree
m ents
220
A l l dispu tes betw een
p artie s—
W i t h o u t e x c e p t i o n s ___
1 or m o r e issu e s
e x c l u d e d _____
_______
1
Other
tion— 1 sp e c ific
issu e or m o re e x
cluded
Agree
W ork
ers
m ents
686. 3
70
..............
W ork
ers
to a r b i t r a t i o n
Interpretation, a p
p lication, or v io la
192
2 ,4 8 8 .3
_
Agree
m ent s
subject
590. 2
485
T o t a l ._
W ork
ers
Interpretation,
application, or
v i o l a t i o n wit hou t
exceptions
s u m s of individual i t e m s m a y not equal to ta ls .
10
c la u s e , as he in te r p r e te d it, to the fa cts o f the c a s e , as he found them .
e x c lu s io n s w e r e m en tion ed in 255 o f th ese a g r e e m e n ts .
S p e cifi
Types of disputes subject to arbitration
A greements
A ll disputes between parties 1 -------------------Without exception --------------------------------1 or more issues excluded ---------------------Disputes over interpretation, application, or
violation of agreement ---------------------------Without exception --------------------------------1 or more issues excluded ---------------------Other 2 ---------------------------------------------------------
Workers
(in thousands)
433
340
93
2 ,0 7 6 .0
1 ,6 0 0 .9
475.1
1, 173
918
255
3
5 ,0 8 5 .8
3 ,3 3 6 .3
1 ,7 4 9 .5
10.4
1 Does not include disputes over new or revised contract terms or dis
putes over econ om ic issues reopened during term o f agreement.
2 2 multiplant agreements provided for individual plant negotiation
o f arbitration rules; 1 multicompany agreement specified only discharge as
arbitrable.
NOTE:
Because o f rounding, sums of individual items may not equal
totals.
E x a m p le s
tr a to r fo llo w :
of a greem en t
c la u s e s so
defining the ju r is d ic t io n
o f the a r b i
In the event that any grievance or dispute arising out o f the interpretation or application of. any
clause of this contract remains unsettled after the steps provided by the grievance procedure have been
taken, either party, within 2 weeks, may refer the matter to a tripartite arbitration panel . . .
(4)
*
sje
*
The term ’’grievance” as hereinafter used in this agreement shall mean any alleged violation o f
the terms or provisions of this agreement, or difference of opinion as to its interpretation and/or
application . . .
A grievance not settled in step 4 may be certified to arbitration by the party initiating the griev
ance so advising the other party in writing within 5 working days after the date of the last meeting
held as required under step 4.
(5)
* >;< *
At the request of either party, as provided above, a dispute, grievance, or difference involving a
violation o f this agreement that cannot be satisfactorily settled between the parties, or grievances
based on discharges shall be submitted to arbitration.
(6)
>;< $ >:<
Whenever any com plaint or misunderstanding arises as to wages, hours, working conditions, layoffs
or discharges of individuals affected by this agreement, such complaints or misunderstandings shall
be discussed with the foreman . . .
If the grievance is not settled . . . the individual, the company or the union shall have the right
to have the grievance submitted to arbitration . . .
(7)
In 433 a g r e e m e n ts , any dispu te betw een the p a rtie s co u ld be brou gh t to a r b i
tra tio n , again e x ce p t fo r s p e c ifie d e x clu d e d is s u e s , as in the fo llo w in g ex a m p les
Any dispute or controversy arising during the life of this agreement, which cannot be settled to the
mutual satisfaction of both parties, shall be submitted for arbitration . . . within 48 hours after the
request o f either party that such dispute or controversy be arbitrated . . . (8)
* 5|<
11
It is agreed that, should any dispute arise in any plant o f a member o f the association, such dispute
shall be adjusted . . .
If the /g riev a n ce/ board fails to com e to an agreement, it shall select an
arbiter not connected with this industry . . . This arbiter shall review the case, and his decision
shall be final and binding.
(9)
>j<
*
=>!<
Should grievances arise between the company and the union as to the application o f this agreement,
or o f the policies o f the com pany, as set forth herein, or should any dispute or trouble arise, an
earnest effort shall be made to settle such differences during which time there shall be no sus
pension o f work.
. . . In the event the dispute shall not have been satisfactorily settled in the preceding steps, the
matter shall then be appealed to an impartial umpire . . .
(1)
>!<
Adjustment Machinery
The method or machinery for the adjustment or settlement o f disputes provided for in this article
and in articles__ and__ /grievance and arbitration procedures/ o f this agreement shall be applicable
to any and all disputes, complaints, controversies, claims or grievances whatsoever between the union
or any employees, on the one hand, and the employer or the association, on the other, which
directly or indirectly arise under, out of, or in connection with, or in any manner relate to this
agreement or to the breach thereof; or which arise under or out o f the acts, conduct toward each
other, or other relations between, the association or the employer, on the one hand, and the union,
its members, or any other employees, on the other. . . .
The parties hereby agree that /nam e o f individual/ shall act as the arbitrator in all disputes, com
plaints, controversies, claims or grievances mentioned in section__ o f article__ hereof, including
claims based upon any alleged breach o f the "no-strike, no-stoppage, and n o-lockou t" pledges o f
this agreement or upon any other breach o f this agreement, and disputes or controversies respecting
the arbitrability o f any dispute, controversy, claim , or grievance.
(10)
The jo b o f the a r b it r a t o r under th ese p r o v is io n s p re s u m a b ly in v o lv e s in t e r
p retin g and applyin g the a g re e m e n t to d isp u tes a r is in g under the te rm s o f the
a g r e e m e n t, o r u sin g his g o o d ju d gm en t, his se n s e o f the intent o f the p a r tie s ,
a v a ila b le p r e c e d e n t s , e tc. , to d e cid e disp u tes upon w h ich the co n tr a c t is silen t.
Is su e s E x clu d e d F r o m A r b itr a tio n
A total o f 348 a g r e e m e n ts , c o v e rin g 2. 2 m illio n w o rk e rs , id e n tifie d one o r
m o r e disp u te is s u e s as n o n a rb itra b le . The re a s o n s fo r such e x c lu s io n s u su a lly
w e r e not in d ica te d by the a g re e m e n ts and, although they m ay have been fu lly
u n d e rsto o d b y the p a r t ie s , they a r e not alw ays c le a r to o u tsid e rs readin g the
a g r e e m e n ts .
S om e e x c lu s io n s undoubtedly w e re intended to p r e s e r v e c e r ta in
m a n a g em en t p r e r o g a t iv e s , o th ers to p r e s e r v e union p r e r o g a t iv e s .
S om e w e r e
n e c e s s a r y b e c a u s e the p a r tie s had a g r e e d upon oth er m eth od s o f handling c e r ta in
p r o b le m s , and p o s s ib ly so m e w e r e m otiv a ted by a m utual d e s ir e not to o v e r
bu rden the a r b itr a tio n m a c h in e r y w ith t r iv ia lit ie s .
E x clu s io n s in som e c a s e s
a p p e a re d to r e p r e s e n t a sig n a l to w o r k e r s in the b arg ain in g unit that it w ould
be p o in tle s s to r a is e a g r ie v a n c e o v e r the d esig n a ted is s u e . It s e e m s r e a s o n a b le
to a s s u m e , h o w e v e r , that u n derlyin g m any e x c lu s io n s w as a s tro n g ly h eld b e lie f
o f one o r both p a r tie s that the is s u e in q u estion was too im p orta n t o r too subtle
to be en tru ste d to a d e c is io n o f a th ird p a rty .
A n u m b er o f the 348 c o n tr a c ts with s p e c ific e x c lu s io n s lis te d m o r e than
one is s u e as n o n a r b itr a b le , resu ltin g in a total o f 456 e x c lu s io n s (table 4).
A lm o s t h a lf r e la te d to w age a dju stm en ts (oth er than g e n e ra l w age ch a n g e s), and
slig h tly o v e r a fou rth to plant a d m in istra tio n d isp u te s.
The oth er e x clu s io n s
p r in c ip a lly r e la te d to jo b s e c u r it y , a d m in istra tio n o f e m p lo y e e b en efit p la n s,
and union s e c u r it y p r o v is io n s .
220-616 0 - 6 6 - 2
12
Ta ble 4.
Is su es Excluded F r o m A r b it r at i on in M a j o r C o ll e ct i v e B ar gai ni n g A g r e e m e n t s .
(W orkers
Item
Agreem ents
N u m b e r of a g r e e m e n t s with i s s u e s e x c l u d e d
f r o m a r b i t r a t i o n _________________________________________________________________
2
W a g e a d j u s t m e n t s ________________
__ _____________________ __ ___________________ ________
I n d i v i d u a l w a g e - r a t e i n e q u i t i e s _______________________
__ ______ __
__________
J o b c l a s s i f i c a t i o n a n d e v a l u a t i o n , _____________________________________
______
I n c e n t i v e o r p i e c e r a t e s o r a d m i n i s t r a t i o n ______________________________ __
A l l w a g e g r i e v a n c e s ______ ______________________
______ ______ ____________________
I n d i v i d u a l w a g e a d j u s t m e n t s : m e r i t i n c r e a s e s _______________________ ______
P o r t a l - t o - p o r t a l p a y ________________________________ ____________ ___________ ________
M e t h o d o f p a y m e n t __ _ ___________ ______ ____________
___________________________
J o b s e c u r i t y _____________________ _____
_ _ ______
_ _ _ _ _
__
_ ___ ___ __
P rom otion a n d /o r dem otion _
_____
___ __
_ .
__ __
T r a i n i n g a n d r e t r a i n i n g __ _ _ _ _ _ _
_ __
_ _
______ __
_
Layoff, recall a n d /o r tran sfer
_ ___________________
A d m i n i s t r a t i o n o f s u p p l e m e n t a r y b e n e f i t s ______________
_
_
__
348
2 ,2 2 4 .6
1 , 115. 3
73
67
27
20
13
6
1
5
0
5
1
36. 0
1 3. 2
1. 0
105. 4
........ ......
_________
______ _ _ ____
12
5
5
6 1.7
333. 6
10. 1
75
998. 1
69
5
1
961. 8
34. 2
2. 1
_ _
_ ___ ___ _ ___
125
30
_ _ _ _ _ _ _
599.
309.
86.
70.
22
_ _
_ _ _ _ _ _ _
Worker s
207
__
_ ___ __ ________ _____ __________________________
_______ __ _ _________ ____ __
___ ____ __ _______
___ _ ___ ___ ______ __ __
__ __ _
_ __ _
_
Management righ ts.
__ __
P r o d u c t i o n s t a n d a r d s ___. . .
D i s c h a r g e a n d d i s c i p l i n e __
j
J
___
B e n e f i t p l a n s ___ ___ _______
_ ___________________ __
_____________ ___ ________
M ilita ry leave _
_____
___
_ ______ __
__ _ __ __ __ ___ __ __ _________
C o m p u l s o r y r e t i r e m e n t _ _ _ _ ____________________________ __ ___ __ __
___
Plant a d m in is t r a t i o n .
19 61—62 1
in t h o u s a n d s )
___
_
_
__
H e a l t h a n d s a f e t y ______ ________ ______ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
_ _
S c h e d u l i n g o f h o u r s a n d o v e r t i m e . __ __ _
_ _ _ _ _ _ _ _ ___
__
_______ __ ___________
__ __
___
_ ___
W o r k i n g c o n d i t i o n s ___________
P a t e n t p l a n s ______ __ __ _____ ____ __________ __ _ ___
__ _
__
W o r k a s s i g n m e n t s _______ _ _______ __
_ _ _ _
__ ... _______
___________ ___________________ __ „
R e q u e s t s f o r l e a v e __ ___________
29
34
7 99.4
94. 0
430. 0
158. 0
23. 6
_ ___
____
_
_____
9
8
4
4
_ __
2
2
1
1
1
11.2
3. 2
_____________________
15
62. 3
Q u e s t i o n s w h i c h m i g h t a f f e c t o r c h a n g e u n i o n s e c u r i t y c l a u s e _______
V i o l a t i o n o f h i r i n g c l a u s e __
_ _ _ _______ _____
_ _______ _________________
U n i o n r e f u s a l o f m e m b e r s h i p . __ __ _ _______
__________ __ __ _________
__________
_______ ___
_ __ ___ ________
E m p l o y e r v io la tio n of ch ec k o ff
10
3
33. 8
25. 1
1
1
2. 2
12
60. 2
U n i o n c h a r g e s a g a i n s t f o r e m a n --------__ -------- -------------- .. ------ __ -----S u b c o n t r a c t i n g _____________________________ __ _______________ __ ________________ ____
G o v e r n m e n t s e c u r i t y c l e a r a n c e _ __ _____ __
_
___________ _________
A d m i n i s t r a t i o n o f u n i o n s e c u r i t y p r o v i s i o n s _____________
Other is s u e s _
_ ___
___
_ __
_
_________ _____
_
__
__
___
___________
I s s u e s r e l a t i n g to u n i o n o r e m p l o y e r a s s o c i a t i o n l a w s .
__ --------__
D i s c r e t i o n a r y p a y m e n t s by the e m p l o y e r . _
_
E m p l o y e r f a i l u r e to f u r n i s h s p e c i f i e d t o o l s _
_
_ _ _ _
___________
______ ____
_______ _
_________
P a y p r o v i s i o n v i o l a t i o n s __ _ _ _______
O n l y a r b i t r a b l e i s s u e s s p e c i f i e d ; e x c l u s i o n s n o t l i s t e d __ _ _ _______ __
4
1
1
1
5
19. 5
25. 0
18. 0
8. 5
7. 0
1 .4
1. 2
1 0.
18.
2.
1.
28.
4
5
0
2
1
1 T h i s t a b le a c c o u n t s f o r the 9 3 a g r e e m e n t s w h ic h e x c l u d e d 1 i s s u e o r m o r e
fr o m arbitration
of a l l d i s p u t e s , and the 2 5 5 w h ic h e x c l u d e d
1 issu e or m o r e
f r o m a rb itra tio n of d isp u te s o v e r i n t e r p r e
ta t io n , a p p l i c a t i o n , o r v i o l a t i o n of the a g r e e m e n t .
(See text t a b le .)
2 A
number
of the
348 a g r e e m e n t s
ex clu d e d m o r e than
1 issue,
r e s u l t i n g in a to t a l of 4 5 6
ex clu sio n s.
NOTE:
B e c a u s e of rounding,
s u m s of i n d iv i d u a l i t e m s m a y not e q u a l t o t a l s .
13
W age A d ju s tm e n ts . D isp u tes c o n c e r n in g a lle g e d w a g e -r a te in eq u ities c o m
p r is e d 73 o f the 207 e x c lu s io n s in this c a te g o r y .
Such d isp u tes w e re ex clu d e d
fr o m g r ie v a n c e and a r b itr a tio n in S te e lw o rk e rs a g re e m e n ts in b a s ic ste e l and,
to a la r g e exten t, in re la te d in d u s tr ie s . M ost o f th ese e x c lu s io n s date b a ck to
the in tro d u ctio n o f jo b evalu a tion and c la s s ific a t io n plans in the s te e l in d u stry
a fte r W o rld W ar II. 12 U nder the a g re e m e n ts stu d ied , c la s s ific a t io n s and ra te s
fo r new o r changed jo b s w e r e a r b itr a b le .
The fo llo w in g e x c e r p t s fr o m the U. S. S teel a g re e m e n t illu s tr a te how this
e x c lu s io n was e x p r e s s e d in b a s ic s te e l a g re e m e n ts:
No basis shall exist for an em ployee, whether paid on an incentive or nonincentive basis, to allege
that a wage-rate inequity exists and no grievance on behalf of an em ployee alleging a wage-rate
inequity shall be filed or processed during the term of this agreement.
Grievance as used in this agreement is lim ited to a complaint . „ • which involves the interpreta
tion or application of, or com pliance with, the provisions of this agreement . . .
Whenever either party concludes that further step 4 meetings cannot contribute to the settlement
of a grievance, the dissatisfied party may, by written notice served simultaneously on the board
/ o f arbitration and the other party within 30 days from receipt of the minutes of the last step 4
meeting, appeal the grievance to the board.
If the decision in this step is not appealed to arbitration as above provided, the grievance shall be
considered settled on the basis of such decision and shall not be eligible for further appeal.
Description and classification for new or changed jobs are subject to grievance and arbitration.
(11)
C la u se s exclu d in g w a g e -r a t e in equ ity d isp u tes fr o m a rb itra tio n a ls o w e re
s c a tte r e d through v a r io u s oth er in d u s tr ie s , in both m an u factu rin g and nonm anu
fa c tu r in g .
S om e o f th e se a g r e e m e n ts fo llo w e d the s te e l pattern ; o th e rs m e r e ly
stated that w a g e -r a t e in equ ity d isp u tes w e re not a r b itr a b le .
N in e ty -fo u r o f the w age a dju stm en t e x c lu s io n s re la te d to in cen tiv e o r p ie c e
r a t e s , new o r ch an ged jo b c la s s ific a t io n and ev alu a tion , o r jo b ra te s. D ispu tes
o v e r th ese is s u e s w e r e e ith er e x clu d ed fr o m a r b itr a tio n o r a rb itra tio n was
lim ite d to d isp u tes in volv in g the a d m in istra tio n of the p r o c e d u r e s o r pla n s. F o r
in sta n ce , s e v e r a l a g r e e m e n ts e x clu d e d the jo b evalu a tion plan but p e rm itte d
a rb itr a tio n o f new o r ch an ged jo b g r a d e s , lim itin g the is s u e in q u e stio n to
d ete rm in in g w hether the evalu a tion plan was p r o p e r ly a d m in is te r e d .
O thers
e x clu d e d in ce n tiv e rate g r ie v a n c e s , ex ce p t fo r d ete rm in a tio n of w hether the
p r o c e d u r e s ou tlin ed fo r setting ra te s w e re fo llo w e d .
S e v e ra l o f th ese is s u e s
w e r e fre q u e n tly e x clu d e d in the sam e cla u se ; in oth er in s ta n c e s , the e x c lu s io n
was stated in the s e c tio n of the a g re e m e n t rela tin g to the s p e c ific is s u e .
E x a m p le s o f the fo r e g o in g fo llo w :
Job Classifications
Section 1. The company shall make no changes in the classification of jobs covered by this contract
without first giving the union notice of the proposed change and affording the union an opportunity
to bargain concerning such change.
In the event of a dispute the company shall furnish the union
all pertinent information concerning the job which is to be changed.
Section 2. Any grievance concerning changes in job classifications shall be subject to the first
three steps of the grievance procedure as provided in article__ but shall not be subject to step 4 or
step 5 /arbitration/ of said grievance procedure.
(12)
12
See BLS Bulletin 1425—1, op. cit., p. 8 .
14
Any dispute between the company and the union respecting the operation, application or interpre
tation of this article may be submitted by the company or the union for determination in accordance
with article__ , grievance procedure.
The provisions of article__ , arbitration, o f this agreement shall apply to the provisions of this article
but not to the job evaluation plan, and also the authority of the arbitrator shall be lim ited to the
determination of whether or not the company has properly administered the plan in making a jo b grade designation as compared to all similar and comparable job-grade designations.
The union shall have the right to call to the attention of the company job-grades which it feels
are incorrect. However, only formal job-grades which have been in effect for a period of 12 months
or less shall be subject to the procedures outlined in article__ , grievance procedure, and article__ ,
arbitration.
(13)
>;< >!< >|c
When the company adds a new job to the bargaining unit it w ill determine the base rate and notify
the union.
If the union disagrees with the base rate determined by the company, it may institute
a grievance . . . If no agreement is reached, the grievance may be referred to the regular fourth
step of the grievance procedure but may not be arbitrated.
(14)
?;< >;<
Arbitration of job classification, wage rate, merit rating, and incentive rate and allowance ques
tions is lim ited to the following: (a) with regard to job classifications, whether an em ployee is
classified in the proper job classification, (b) with regard to merit rating, whether the em ployee
involved has been rated in accordance with the merit rating procedure and without personal dis
crimination, (c) with regard to incentive rates or allowances which have not becom e established
after a reasonable trial period, whether the establishment or change is contrary to the provisions of
this agreement, (d) with regard to incentive allowances set under the standard data or ’’ measured
minute" system, whether an error or mistake has been made in the use and application o f standard
data to determine the incentive allowance, (e) with regard to jobs the union claim s are new or the
content of which the union claims has been changed within the preceding 6 months, whether the
jobs are new or the content has been changed, and (f) with regard to descriptions or evaluations of
jobs (grievances as to which may be filed by the shop com m ittee in step-3 o f the grievance p roce
dure by notice in writing . . .) , with respect to descriptions, whether the descriptions are accurate
and com plete, and with respect to evaluations, whether the com pany's factor ratings of the evaluated
jobs are proper on the basis of comparison with factor ratings of other jobs in the plant.
(15)
G r ie v a n c e s o v e r in d ivid u a l w age a d ju stm e n ts, e x clu d e d fr o m a r b itr a tio n in
13 a g r e e m e n t s , r e la te d m a in ly to p e r io d ic r e v ie w s o f r a te s , o r to the a d m in is
tra tio n o f m e r it in c r e a s e pla n s.
The company shall review, once each year during the term of this agreement, the base rates of all
employees whose rates are at or above the job rate of their job grade and may make such adjust
ments in individual rates as it considers appropriate.
The effect of the rate review on employees as individuals only, and not as a group, may be made
the subject of a grievance . . . but such grievance w ill not be subject to . . . arbitration.
(16)
>;< >;« >;c
Arbitration of . . • merit rating .
been rated in accordance with the
if not, to direct that the em ployee
discrimination or to determine his
. .
is lim ited to the following: . . . whether an em ployee has
merit rating procedure and without personal discrimination, and
be rerated in accordance with said procedure and without personal
merit rating . . . (15)
>;< * >!<
Merit increases in the maintenance and battery pilot laboratory experimental and developm ent oper
ators may be granted . . .
Neither shall be subject to the grievance procedure nor shall merit in
creases . . .
be proper subjects for arbitration. (17)
M o r e g e n e r a l c la u s e s , ex clu d in g a ll w age a d ju stm en t d is p u te s , w e r e found
in 20 a g r e e m e n ts . T h e se c la u s e s e ith e r stated that g r ie v a n c e s rela tin g to w a g es
15
w e r e not a r b it r a b le ,
rela tin g to w a g es:
o r p ro h ib ite d the
a r b itr a to r fr o m
The matter o f wages is not to be a subject of arbitration.
d eterm in in g any dispute
(18)
>;< * >;<
Should a grievance arise over wages it shall not be subject to the arbitration procedure.
(19)
>!'
The arbitrator shall have no power to: . . . hear or determine any issue involving wage rates or
rates for new classifications.
(20)
One
agreem en t
e x clu d e d
ch a n ges
in the
m eth od
o f pay m en t,
as fo llo w s :
Change in Method of Payment. The union agrees that the company has a right to institute changes
from hourly rates to piece rates, or incentive rates, or from piece rates to incentive rates, or from
piece rates or incentive rates to hourly rates without agreement on the part of the union. The
com pany’ s right to make such changes in the method of pay shall not be subject to arbitration.
(21)
P o r t a l - t o - p o r t a l pay w as e x clu d e d fr o m a r b itr a tio n in the rem a in in g s ix cla u s e s
rela tin g to w age a d ju stm en t e x c lu s io n s .
P lan t A d m in is tr a tio n .
D ispu tes o v e r plant a d m in istra tio n m a tte r s w e r e
r e m o v e d fr o m a r b itr a tio n in 118 in s ta n ce s .
In 88, s p e c ific is s u e s , su ch as
p ro d u ctio n sta n d a rd s, d is c h a r g e and d is c ip lin e , and sch ed u lin g o f h ou rs and o v e r
tim e , w e r e ex clu d e d ; a ll o f th ese re la te d to m a n a g e m e n t's righ ts in the o p e ra tio n
of its plant. The rem a in in g 30 s p e c ific a lly e x clu d e d m an ag em en t righ ts as su ch .
In the la tte r , the extent o f e x c lu s io n w as d e te rm in e d by the m an agem en t righ ts
c la u s e set fo rth in the a g r e e m e n t, w hich v a r ie d fr o m a lis tin g o f a v a r ie ty o f
s p e c ific rig h ts v e s te d s o le ly in m an agem en t to fa ir ly s im p le statem en ts of the
c o m p a n y 's righ t to d ir e c t its o p e r a tio n s . 13 F o llo w in g a r e e x a m p le s o f the m an n er
in w h ich the a r b it r a t o r 's a u th ority w as lim ited :
. . . The arbitrator shall have no authority to consider matters relating to management prerogatives,
or any other matter not- specifically set forth in this agreement.
(3)
* * *
. . . The arbitrator's authority shall be lim ited to applying and interpreting the express terms and
conditions o f this agreement. He shall not have authority to deal with wage rates or with any matter
that is reserved to management by article__ (management clause) hereof (except to the extent that
this agreement expressly limits said rights), or to add to, subtract from, or otherwise amend or
m odify the terms of this agreement; provided however that he may find that an em ployee is not
receiving the established rate for the work to which he is assigned.
(22)
* * *
If the union and the company fail to settle by negotiation any differences arising with respect to the
interpretation of this agreement, or the performance of any obligation hereunder, . . .
Provided that such dispute does not involve the exercise of the company's rights of management,
unless lim ited by other provisions of this contract; . . .
Such differences shall be referred . . .
parties.
(23)
to an imparital
arbitrator mutually
agreeable to both
13
Major C ollective Bargaining Agreements: Management Rights and Union-Management Cooperation (BLS Bulletin
1425-5, 1966).
16
The G e n e ra l E le c t r ic and W estin gh ou se c o n tr a c ts , n eg otia ted in O cto b e r 1963,
r e fle c t e d a dju stm en t to the I960 d e c is io n of the U .S . S u p rem e C ou rt in the
W a r r ie r and G u lf N a vig a tion c a s e , 14 d is c u s s e d in ch a p ter I.
The IUE a g r e e
m en ts w ith GE and W e stin gh ou se p r o v id e d fo r a r b itra tio n by eith e r party only
of d isp u tes c o n c e r n in g d is c ip lin a r y a ctio n s and v io la tio n of s p e c ific p r o v is io n s
of the a g r e e m e n ts .
In a dd ition , a n u m ber o f s p e c ific is s u e s w e re lis te d as
e x clu d e d fr o m a r b itr a tio n e x c e p t by m utual co n se n t of both p a r tie s . The UE
a g r e e m e n ts p e r m itte d a r b itr a tio n at the r e q u e s t o f e ith er p a rty only o f disp u tes
co n c e r n in g d is c ip lin a r y p e n a ltie s; a ll oth er d isp u tes w e r e a r b itr a b le only by
m utual co n se n t. The e a r lie r c o n t r a c ts , n eg otia ted in I960, and in clu d ed in this
stu dy, did not lis t is s u e s e x clu d e d fr o m a r b itr a tio n at the re q u e st o f eith er
p a rty , e x ce p t disp u tes re la tin g to b en efit p la n s. 15 A c o p y o f the a rb itra tio n p r o
v is io n in the 1963—66 G E -IU E a g r e e m e n t is in clu d ed in app en dix C o f this r e p o r t.
E x c lu s io n s in volv in g p ro d u ctio n stan d ards a p p e a re d in 29 a g re e m e n ts c o v
erin g abou t 430, 000 w o r k e r s . A g r e e m e n ts n eg otia ted by the U nited A uto W o rk e r s
in the tra n sp o rta tio n equ ipm en t in d u stry a ccou n ted fo r a la r g e p o rtio n o f th ese
w ork ers.
S om e o f the c la u s e s e x clu d e d a ll d isp u tes rela tin g to p ro d u ctio n standards:
Without lim iting the foregoing, the subjects of . . . and production standards are by this section
excluded from arbitration, . . . (24)
?!«
>[<
The arbitrator shall have no power to . . . rule on any dispute involving a production standard or
the failure to meet a production standard or the methods or procedures used in establishing a pro
duction standard.
(25)
He /the arbitrator/ shall have no power to rule on any dispute arising under article__ , section
/production standards/ o f this agreement . . . (26)
O ther a g r e e m e n ts a p p e a re d to lim it the e x c lu s io n to d isp u tes c o n ce rn in g new o r
ch an ged p ro d u ctio n sta n d a rd s, u su a lly resu ltin g fr o m ch an ges in m eth ods o r
m a c h in e r y , as in the fo llo w in g :
Section 2.
Present output and accuracy standards shall not be changed unless there is a change
from the existing standards in the (a) methods, (b) procedures, (c) equipment, or (d) work content
of the job . . . .
Section 4. Any grievance under this article, shall be processed through the first two steps of the
grievance procedure as provided in article__ but shall not be subject to step 3 or step 4 /arbitration/
of said grievance procedure.
If the grievance is not settled after the second step of said grievance
procedure, the grievance shall be submitted to the company's labor relations director for a final
and binding decision.
Upon request o f the union, the company's labor relations director shall
review all information pertinent to the grievance with a representative of the union before making
his decision.
(27)
>[< ;|c >\i
Any dispute concerning an increase in a production standard which has been increased after the date
of this agreement, or any dispute concerning the addition of machines to an operation, which addi
tion of machines does not conform to past practice and occurs after the date of this agreement, may
be referred to the grievance procedure beginning with step 1, but shall not be subject to arbitration. (28)
>\< ;[< ;J<
14
United Steelworkers v. Warrior and Gulf Navigation Co. (U. S. Supreme Court, June 20, 1960).
The 1960 Westinghouse—UE agreement did not provide for arbitration at the request of either party; all
unsettled disputes were arbitrable only by mutual consent of both parties.
17
The company shall also have the right to establish production standards and the frequency of inspec
tion.
However, any question arising as to the adequacy of any production standard or inspection
frequency shall be subject to grievance procedure but not arbitration.
(29)
A n o th e r type o f c la u s e p e rm itte d a r b itra tio n o v e r a w o rk lo a d change but
e x clu d e d the is s u e o f tim e ele m e n ts e sta b lish e d by the com pan y:
In the event that a grievance over a workload change is referred to arbitration the tim e elements
established by the company in accordance with its customary methods shall not be subject to arbi
tration.
(19)
O f 34 a g r e e m e n ts w hich r e s t r ic t e d a r b itra tio n of d isp u tes rela tin g to d i s
ch a r g e and d is c ip lin e , on ly 4 ex clu d e d a ll such is s u e s , as in the follow in g :
Nothing in these working conditions pertaining to discipline shall be the subject of arbitration b e
tween the parties. (30)
Tw o o f th ese w e r e in p u b lic tr a n sp o rta tio n , one in the o rd n a n ce in d u stry , and
the fou rth in p rin tin g.
T he la tte r a g re e m e n t p ro v id e d fo r fin a l a p p eal o f d i s
ch a rg e c a s e s , by e ith e r p a rty , through the app eals p r o c e d u r e o f the union (T y p o
g ra p h ic a l Union) in a c c o r d a n c e with the In te rn a tio n a l's b y -la w s .
The oth er 30 c o n tr a c ts e x clu d e d only th ose d is c ip lin a r y d isp u tes in volv in g
s p e c ific is s u e s o r c ir c u m s t a n c e s .
S om e o f th ese lim ite d the e x c lu s io n to d i s
c ip lin a r y a c tio n , in clu d in g d is c h a r g e , fo r p a rticip a tio n in u n a u th orized s t r ik e s ,
but p e r m itte d a r b itr a tio n to d e te rm in e the fa c ts — i. e. , w hether o r not the d i s c i
plin ed e m p lo y e e a ctu a lly v io la te d the n o -s t r ik e c la u s e .
F o r exam ple:
Discharge of Unauthorized Strikers. The union shall not question the unqualified right of the company
to discipline or discharge employees engaging in, participating in, or encouraging such action.
It
is understood that such action on the part of the company shall be final and binding upon the union
and its members and in no case shall be construed as a violation by the company of any provision
of this contract.
Questions of Participation. Where the company has discharged or disciplined an em ployee under
this provision, a claim that the em ployee did not participate in the strike or other interference with
production, or encourage such action, may be submitted as a grievance.
However, only the ques
tion of participation, nonparticipation,
or encouragement of such action can be determined by
arbitration. (31)
* 5|< *
Strikes, slowdowns or any other interference with the orderly and efficient operation of the co m
pany's plant during the term of this agreement shall be deem ed a violation by those employees who
engage in same.
Those employees who so violate this agreement will be subject to discharge or
disciplinary action by the company and such action shall not be a subject for arbitration except as
to the facts of participation by those employees.
(32)
One o f the a g r e e m e n ts a ls o in clu d ed a s im ila r cla u s e rela tin g to d is c ip lin e
fo r d a m a ge to com p a n y p r o p e r ty and oth er unlaw ful a cts during an a u th o rize d
strik e:
If a strike is called under this section of the agreement /w a ge reopening/, it is agreed that the
union and the strikers shall refrain from damaging company property and from unlawfully and spe
cifica lly interfering with, restraining or coercing employees in their right to work during this strike.
Any violation of this provision, either on or off company property, shall constitute proper cause for
the discipline or discharge of such violators, except as to the facts of commission in any such
violation of this provision. (32)
18
D is c h a r g e and d is c ip lin e d isp u tes in v olv in g s h o r t - s e r v i c e e m p lo y e e s — fr o m
le s s than 1 y e a r to le s s than 3 y e a r s — w ere e x clu d e d in s e v e r a l telep h on e
a g r e e m e n ts :
Section 16. 02. In the event any em ployee having less than 6 months o f net credited service is dis
missed, the matter shall not be subject to the grievance procedure.
Section 16. 03. In the event any regular em ployee o f more than 6 months o f net credited service
hereafter discharged for cause files a written claim with the com pany, . . . that he has been
discharged without proper reason, such claim shall be handled in accordance with the procedure
prescribed in article__ (grievance procedure), but the matter shall not be subject to arbitration except
as provided in section 16. 04.
Section 16.04. In the event the question as to whether any regular em ployee o f more than 2 years
o f net credited service was discharged without proper reason is not settled under the grievance pro
cedure, either party may require that the question at issue be submitted to arbitration pursuant to
the provisions o f article__ (arbitration).
(33)
D is c ip lin a r y m e a s u r e s r e su ltin g fr o m in fra ctio n o f s p e c ific com p a n y r u le s ,
such as in to x ica tio n , figh tin g on the p r e m is e s , th ie v e r y , and in su b ord in a tion ,
w e r e e x clu d e d in a few c o n t r a c t s , as in the fo llo w in g :
Nothing in this agreement shall be interpreted as preventing the discharge o f a shop em ployee for
just cause . . .
It is further agreed that grievances due to consuming intoxicants in the plant, fighting in the plant,
thievery, refusal to accept an assignment in an individual's classification and infractions o f current
attendance requirements shall not be arbitrable.
(34)
Is su e s in v o lv in g h ealth and sa fe ty , h ou rs o f w o rk , d istrib u tio n o f o v e r tim e
o r p r e m iu m -r a t e w o rk , paten ts, o r oth er w ork in g co n d itio n s w e r e ex clu d e d in
a few a g r e e m e n ts .
The union shall have the right to take up grievances through the regular channels on safety, health
or accident issues, but any such grievances shall not" be subject to the arbitration provision o f this
agreement.
(35)
* * >
\<
Matters pertaining to . . . working hours, . . .
arbitration.
(36)
or health and safety shall not be submitted to
* >!<
The company w ill endeavor to distribute the opportunity-to-work tim e which requires payment at
premium or overtime rates as equitably as the needs o f the service w ill permit.
Such work op
portunity occurring during an em ployee's absence from the job (vacations excepted) may or may not
be considered by the company in distributing subsequent work opportunity.
The provisions o f this
section shall not be subject to arbitration.
(37)
* * sje
A grievance concerning distribution o f overtime within a department w ill be discussed between the
company and the union through the first three steps o f the grievance procedure but shall not be
subject to arbitration.
(38)
i,'< ?;<
Grievances concerning working conditions not specifically covered by the terms and conditions o f this
agreement shall be subject to the grievance procedure up to but not including step 6, arbitration.
However, if the company and the union are unable to reach an agreement in step 5, the decision
o f the party whom the grievance has been filed against shall be final and binding on both parties
to this agreement.
(39)
s|<
>\<
19
The board shall have jurisdiction over all questions involving the interpretation and application o f
any clause of this agreement.
It shall not handle negotiations for . . . or changes in . . . hours
o f work, working conditions. . . . (40)
*
aje
sjc
No grievance or dispute concerning the interpretation or application o f this article or such patent
contract, or the patent plan referred to therein, shall be subject to the provisions o f section__ of
article__ (arbitration) hereof, but any such grievance or dispute may be adjusted in accordance with
the provisions o f section__ o f article__ (grievance procedure) hereof.
It is recognized that resort to
grievance procedure by an em ployee under this section shall in no way lim it, effect, or prejudice
any cause o f action arising out o f such patent contract or patent plan.
(41)
O ther plant a d m in istra tio n is s u e s , ex clu d ed in one o r two in s ta n ce s , in v o lv e d
w ork a ss ig n m e n ts, re q u e s ts fo r le a v e , su b co n tra ctin g , g ov ern m en t s e c u r ity c l e a r
a n ce, and union c h a r g e s aga in st the fo r e m a n .
Notwithstanding any other provisions o f this agreement, no arbitrator shall without specific written
agreement o f the company and the union with respect to the arbitration proceeding before him, be
authorized to:
Establish or m odify . . . any work assignment o f employees either within or outside any bargaining
unit covered by this agreement; . . .
(42)
>!< * >;<
A request for leave o f absence in excess o f 2 weeks which has been denied may be submitted to the
grievance procedure but not to arbitration.
(43)
5jc Sjc
The company w ill give the union at least 90 days' notice o f its intention to contract out production
or maintenance work then being performed by employees covered by this agreement, if such con
tracting out o f work w ill result in the la yoff o f employees covered by this agreement, and w ill
discuss such action with union representatives.
Contracting out o f work shall not be subject to the
grievance procedure or arbitration and in all cases the final decision w ill be left to the company. (44)
* * *
It is understood that there shall be no liability on the part o f the company or the union for any
suspension growing out o f a denial o f clearance by the U. S. Government; however, nothing in this
agreement shall preclude the individual from following any legal remedy he may have against any
other person or organization by virtue o f the suspension under this clause.
Suspension because o f denial o f security clearance by the proper U. S. governmental agency shall
not be subject to the grievance or arbitration procedure, but such suspension shall in no way diminish
the right o f the individual to pursue his appeal as outlined above.
(45)
* * *
If charges are preferred against a foreman, his employer shall be notified at once in writing as to
the nature o f the charges.
If the charges are sustained at his trial, the penalty imposed shall not
be enforced for 2 weeks, and the employer shall have the right to have the matter discussed by
the joint arbitration board after the New York Executive Committee o f the Bricklayers' Unions has
rendered its decision. It is understood that such decisions o f the New York Executive Committee of
the Bricklayers' Union are not subject to arbitration hereunder.
(46)
J ob S e c u r it y .
Is su e s c lo s e ly re la te d to jo b s e c u r ity , such as la y o ff, r e c a ll,
tr a n s fe r , p r o m o tio n o r d e m o tio n , and train in g and re tra in in g , w e r e e x clu d ed
fr o m a r b itr a tio n in on ly 22 a g r e e m e n ts .
A p p ro x im a te ly h a lf o f th ese e x clu d ed
a ll a s p e c ts o f the is s u e s ; the r e m a in d e r p e rm itte d the a r b itr a to r to d e te rm in e
if m a n a g em en t had a cte d a r b it r a r ily o r in bad faith .
In selecting employees covered by this agreement for assignments to higher-rated nonmanagement
title classifications specified in section__ , seniority w ill govern among the group o f employees con
sidered by the company to be best qualified and otherwise suited to fill the particular vacancy.
The provisions o f this section may be referred to the grievance procedure set forth in article__ , but
neither the provisions o f this section nor their application shall be subject to arbitration. (47)
* * >!<
20
Promotions or layoffs resulting from reduction in the number of employees or reduction of a work
week shall, where ability and efficien cy are equal, be based upon departmental seniority in each
store. The company's determination as to ability and efficien cy shall be conclusive and shall not
be subject to review or reversals by grievance procedure, arbitration or otherwise. (48)
>!< i[<
Retraining and/or Reassignment
When employees are faced with layoffs or contemplated layoffs caused by automation, mechanization
or other reasons and in cases of contemplated plant expansions or changes in plant technology or
otherwise, employees with 3 or more full years of continuous service may be retrained and/or reas
signed to acquire necessary skills for jobs requiring such skills . . .
Any question that may arise under the provisions of this article or any loca l agreement entered into
under it shall be handled in accordance with the established grievance procedure of the contract.
Arbitration shall be by mutual agreement only.
(49)
* * *
The company shall take seniority into consideration in selecting employees for training. Nothing in
this provision shall lim it the company's right to select employees for training who, in its judgment,
are best qualified to receive such training. Neither the provisions of this section nor their applica
tion shall be subject to arbitration. (47)
Section 3. When a specific training program is needed by the company, the matter w ill be dis
cussed with the union . . .
. . . In the event no agreement can be reached in a reasonable tim e, the company, nevertheless,
shall have the right to institute the specific training program and the union shall be entitled to
process a grievance through the grievance procedure on any of the above details that may be in
dispute.
Nothing in this section shall be subject to arbitration except disputes under section__
/Trainee or apprentice wage sca le/ herein.
Section 4. When there is no longer the need for a specific training program, the company shall
be free to terminate such training program. This section shall not be subject to arbitration. (50)
*
*
Promotions to higher paid positions • . .
Section 2. The decision of the company on any question as to the qualifications of the employees
considered for a higher-rated assignment shall be controlling unless the company is shown to have
acted arbitrarily, or in bad faith. Any claim that the company has acted arbitrarily or in bad faith
in its decision as to the qualifications of the employees considered for the transfer may be taken up
as a grievance and, if necessary, submitted to arbitration in accordance with article___ of this
agreement.
Section 3. Except as otherwise provided in section 2, neither the provisions of this article nor
their interpretation or the performance of any obligation thereunder shall be subject to arbitration
under article__ of this agreement. (51)
Grievances growing out o f discharge, layoff, promotion, dem otion, hiring, rehiring and transfer,
shall be subject to the grievance procedure, but no arbitrator shall have the power to substitute his
judgment for that o f management, unless he finds that the management has acted arbitrarily or for
an ulterior motive or through a mistake in fact or in violation of this agreement. (52)
Tw o o r m o r e jo b s e c u r ity is s u e s w e r e fre q u e n tly
the sa m e c la u s e , as illu s tr a te d in the fo r e g o in g c la u s e s .
c ite d
fo r e x c lu s io n in
One o f the fiv e a g re e m e n ts w hich lim ite d a rb itra tio n o f la y o ff d isp u tes
ex clu d e d only d isp u tes c o n c e r n in g the n u m ber o f e m p lo y e e s to be la id o ff:
The number of employees to be terminated for lack of work at any tim e or in any work category
or classification shall not be subject to arbitration. (53)
21
A n oth er a g re e m e n t e x clu d e d fr o m a rb itra tio n o f la y o ff disp u tes only th ose a risin g
due to the la y o ff o f union r e p r e s e n ta tiv e s , under an a rra n g em en t granting s u p e r s e n io r ity to such e m p lo y e e s :
. . .
In the case o f decrease o f force, union officers and grievance com m itteem en shall be
given preference.
It is understood and agreed that any grievance arising as a result o f the above
shall not becom e a grievance matter for the company to settle.
(54)
S u pplem en tary E m p lo y e e B e n e fits . C om plain ts and appeals rela tin g to the
a d m in istra tio n o f su p p lem en ta ry e m p lo y e e b en efits w e re not su b je ct to a r b it r a
tion in 75 a g r e e m e n ts. 16
N e a rly all o f th ese c la u s e s r e f e r r e d to the a d m in istra tion o f b en efit plan s—
health, in su ra n ce , p en sion , and su p plem en tary u n em p loy m en t b e n e fits .
The umpire shall have no power to rule on any issue or dispute arising under the pension plan,
insurance program and the supplemental benefit plan section or waiver section.
Any case appealed
to the umpire on which he has no power to rule shall be referred back to the parties without
decision.
(55)
>;< >;<
. . .
it is specifically agreed that arbitration requests shall be subject only to voluntary arbitration,
by mutual agreement, if they . . . pertain in any way to the establishment, administration,
interpretation or application o f insurance, pension or savings plans, orother benefit plans in which
employees covered by this agreement are eligible to participate . . .
(56)
*
-!<
sje
Section 24.1. In the event . . . the company desires to make a change in the "Plan for Employees'
Pensions, Disability Benefits and Death Benefits" . . .
no change may be made
in the plan which
would reduce or diminish the pensions, disability benefits and death benefits . . . without the
consent o f the union.
Section 24. 2. Any claim that section 24. 1 . . . has been violated may be presented as a griev
ance . . . and . . . may be submitted to arbitration. . . but in such case any decision or
action o f the company shall be controlling unless shown to have been discriminatory or in bad
faith, and only the question o f discrimination or bad faith shall be subject to the grievance procedure
and arbitration. However, nothing in this contract shall be construed to subject the plan or its ad
ministration to arbitration.
(57)
G r ie v a n c e s in v olv in g a d m in istra tion o f m ilita r y le a v e a rra n g em en ts w e re
e x clu d e d fr o m a rb itra tio n in 5 o f the 75 c la u se s in this c a te g o r y .
Grievances involving the interpretation or application o f the provisions o f this military absence agree
ment may be processed through the established grievance procedure in'the general agreement between
the parties, but in no event shall any such grievance be subject to arbitration.
(58)
D ispu tes o v e r r e tir e m e n t under a c o m p u ls o r y
e x clu d e d in one a g re e m e n t, as fo llo w s :
r e tire m e n t p r o v is io n w e re
It is agreed that . . . the retirement o f any employee under the compulsory provisions o f the
pension plan referred to in article
hereof shall not be made the subject o f a grievance or be
arbitrable hereunder.
(59)
16
Dispute settlement procedures o f employee benefit plans w ill be studied separately.
22
Union S e c u r ity .
T en o f the 15 cla u s e s in this c a te g o r y ex clu d ed a rb itra tio n
o f any q u estion s w h ich m igh t a ffe c t o r change the union s e c u r ity a rra n g em en t.
A ll 10 w e re in r e ta il tra d e , n eg otia ted by the R e ta il C le r k s In tern ation al A s s o
cia tio n , and w e r e s im ila r to the fo llo w in g :
Arbitrator. The arbitrator or board of arbitration shall not have the authority to decide questions
involving the jurisdiction of any local, or of the international, or which may in any way affect or
change the union security clause.
(60)
The rem a in in g fiv e c la u s e s e x clu d ed disp u tes in v olv in g v io la tio n o f the
h irin g p r o v is io n (3) o r c h e c k o ff p r o v is io n (1), o r o f the u n io n 's righ t to r e fu s e
m e m b e r s h ip ( l ) .
Employment— /U n ion / Referrals. Whenever the /em p loy er/ seeks to fill a vacancy by initiating a
search for applicants from outside its staff, the /e m p lo y e r/ wherever practicable w ill afford the
/u n io
an opportunity to supply applicants.
vij
pinion/
Nonarbitrability. . . . the
may discuss any matter arising under s e c tio n __ , . . .
article— , but such matter shall not be arbitrable . . .
(61)
o f this
>',< 5je *
If the employer is charged with failure to pay the proper wage rate or failure to make proper d e
ductions from the wages of the employees, the employer and the secretary of the association shall
be given 8 days' notice of such failure by registered mail during which 8 days the parties shall
attempt to settle the claim .
In the event the parties are unable to settle the claim after that
tim e, the union may take such action as it deems advisable. (62)
* sj« *
The arbitrator is not given any power under the terms of this agreement, any provision to the con
trary notwithstanding, to determine any question as to the union's right to refuse membership to
any person. (63)
O ther I s s u e s .
M a tters re la tin g to in tern a l law s o f the union o r the e m
p lo y e r a s s o c ia tio n , not in c o n flic t with the a g re e m e n t, w e re e x clu d ed fr o m
a r b itr a tio n in fo u r p rin tin g a g r e e m e n ts .
This agreement to arbitrate shall not include such matters as have to do solely with the internal laws
o f the league /a s so c ia tio n or the union, relating to the self government of either and which laws in
no way react to remove wages, hours and working conditions from the scope o f this agreement. (64)
>!<
>!<
It is further understood and agreed that local union laws in effect January 1, 1964, not affecting
wages, hours or working conditions, and the laws of the international /u n io n / not in con flict with
this agreement shall not be subject to arbitration. (65)
O ther m is c e lla n e o u s is s u e s , ex clu d ed in one a g re e m e n t each , w e r e : F a i l
u re o f the e m p lo y e r to fu rn ish s p e c ifie d t o o ls ; " d i s c r e t io n a r y " paym ents by the
e m p lo y e r ; and v io la tio n o f the pay p r o v is io n .
E x c lu s io n s w e r e im p lie d in fiv e a g re e m e n ts by s p e cify in g only th ose is s u e s
w h ich c o u ld be r e s o lv e d by the a r b itr a to r , th ereb y ex clu d in g any oth er m a tte r s .
The jurisdiction of the board of arbitration shall be lim ited to grievances arising out of the inter
pretation and application of the follow ing articles of this agreement; namely, article 4— disci
pline and discharge; article 6— seniority; article 7— hours and workweek; article 8— reporting time;
article 9— holidays; article 11— shift differentials; article 14— vacations; article 16— lunch periods;
article 18— bulletin boards. (66)
A few a g re e m e n ts w hich e x clu d ed s p e c ific is s u e s a ls o lis te d a ll is s u e s
su b je ct to a r b itr a tio n (the e x clu d ed is s u e s w e re tabulated in the a p p ro p ria te
c a t e g o r ie s d is c u s s e d p r e v io u s ly ). Included in this grou p w e r e the G e n e ra l M o to rs
23
nation al a g r e e m e n ts w ith the UAW and IUE, fr o m w h ich the fo llo w in g cla u s e was
e x c e r p te d :
Powers o f the Umpire
It shall be the function o f the umpire, after due investigation and within 30 days after submission
o f the case to him, to make a decision in all claims o f discrimination for union activity or member
ship and in all cases o f alleged violation o f the terms o f the following sections o f this agreement,
and w r i t t e n loca l or national supplementary agreements on these same subjects: Recognition;
representation; grievance procedure; seniority; disciplinary layoffs and discharges; ca ll-in pay; working
hours; leaves o f absence; union bulletin boards; establishment o f new plants; strikes, stoppages and
lockouts; wages, except paragraph (97); general provisions; apprentices— represented; skilled trades;
vacation pay allowances; holiday pay; paragraphs (79) through (79f), relative to procedures on pro
duction standards; and o f any alleged violations o f written loca l or national wage agreements. The
umpire shall have no power to add to or subtract from or m odify any o f the terms o f this agreement
or any agreements made supplementary hereto; nor to establish or change any wage; nor to rule on any
dispute arising under paragraph (78) regarding production standards. The umpire shall have no power to
rule on any issue or dispute arising under the pension plan, insurance program and supplemental
unemployment benefit plan section or the waiver section. Any case appealed to the umpire on
which he has no power to rule shall be referred back to the parties without decision. (55)
D isp u tes U nder P r i o r A g r e e m e n ts
R e fe r e n c e to d isp u tes w h ich m igh t e x is t o r a r is e , b a s e d on a lle g e d o c c u r
r e n c e s u n der p r io r a g r e e m e n ts , w e r e r e la tiv e ly in freq u en t. A few a g re e m e n ts ,
p r in c ip a lly in the s t e e l in d u stry , p e r m itte d a rb itra tio n o f so m e o r a ll o f th ese
g r ie v a n c e s .
Of note w as the U .S . S teel n ation al a g re e m e n t, w h ich p ro v id e d
f o r p r o c e s s in g o f such d isp u tes through the c u r r e n t g rie v a n c e and a rb itra tio n
p r o c e d u r e ; a dju stm en t w as to b e m a d e under the a p p lica b le p r o v is io n s o f the
p r io r and c u r r e n t a g re e m e n ts fo r the c o r r e s p o n d in g p e r io d s . A few s m a ll a g r e e
m en ts in clu d e d c la u s e s s im ila r to the fo llo w in g U .S . S teel p r o v is io n :
Section 20 Prior Agreements
The terms and conditions established by this agreement replace those established by the agreement of
January 4, 1960, effective as o f July 1, 1962, except as otherwise expressly provided in this agreement.
Any grievance which as of the effective date of this agreement has been presented in writing and is
in the process of adjustment under the grievance procedure of the January 4, 1960, agreement may
be continued to be processed under the grievance and arbitration procedures o f this agreement and
settled in accordance with the applicable provisions o f the applicable prior agreement for the period
prior to the effective date of this agreement and for any period thereafter in accordance with the
applicable provisions of this agreement.
Any grievance filed on or after the effective date of this agreement which is based on the occu r
rence or nonoccurrence of an event which arose prior to the effective date of this agreement must
be a proper subject for a grievance under this agreement and processed in accordance with the
grievance and arbitration procedures o f this agreement.
Such grievance shall be settled in accord
ance with the applicable provisions of the January 4, 1960, agreement for the period prior to the
effective date o f this agreement, and for any period thereafter in accordance with the applicable
provisions of this agreement. (11)
A few o th er a g r e e m e n ts , in clu d in g the J on es and L aughlin and B eth leh em
S te e l a g r e e m e n ts , p e r m itte d p r o c e s s in g through a rb itra tio n o f on ly pending g r ie v
a n ce s w h ich had b een in p r o c e s s o f app eal o r adju stm en t under the g rie v a n ce
p r o c e d u r e . F o llo w in g a re e x c e r p ts fr o m the J on es and Laughlin and B eth leh em
S te e l c o n tr a c ts :
No grievances which arose prior to the date of this 1962 agreement shall be taken up for adjustment
except those grievances which as o f the date o f this 1962 agreement have been appealed in writing
from a decision in the steps of the grievance procedure defined in the 1960 agreement or are in
the process o f being adjusted. Such grievances shall be considered under the procedures o f section
of this 1962 agreement and shall be determined in accordance with the applicable provisions o f this
1962 agreement. (67)
* * *
24
Any alleged grievance which was presented under a prior agreement
union and which is still pending and not finally disposed of by July
accordance with the provisions o f this article and shall be determined
cable provisions o f such prior agreement which were in effect at
grievance arose.
(68)
between the company and the
1, 1962, shall be handled in
in accordance with the appli
the time when such alleged
On the other hand, a few agreem ents sp ecifica lly prohibited arbitration of
disputes existing or arisin g under prior agreem en ts:
The board shall not take jurisdiction o f any dispute or grievance arising under any prior agree
ments.
(24)
The provisions o f this section---- /^arbitration^ shall be inapplicable to any com plaint or grievance
existing, arising or based upon any act or omission o f the company occurring, prior to the signing
o f this agreement.
(69)
Question of A rbitrability
Disputes m ay a rise over whether an issu e fa lls within the scope of the
arbitration cla u se.
This problem was recogn ized in a number of contracts by
inclusion of a requirem ent that the arbitrator re fe r back to the parties any issu e
which he held to be nonarbitrable, usually without a decision or recom m endation.
Any case appealed to the arbitrator on which he had no power to rule shall be referred back to the
parties without decision.
(70)
The arbitrator shall have exclusive authority to determine whether he has jurisdiction over any matter
submitted to him for arbitration. Any case appealed to the arbitrator on which he determines he
has no power to rule shall be referred back to the parties without decision or recommendation. (71)
-!< *
*
If a controversy arises as to whether or not the grievance is based upon the interpretation of, or
com pliance with, this agreement, such controversy shall be decided by the arbitrator.
If the arbi
trator decided that the grievance is not within his jurisdiction because it is not based upon the inter
pretation of, or com pliance with, this agreement, the arbitrator shall return the grievance to the
parties without comment. (38)
'f i
If any question arises as to whether a particular dispute is or is not a proper grievance within the
meaning o f these provisions, the question may be reserved throughout the grievance procedure and
determined, if necessary, by the arbitrator.
(72)
Any case appealed to the arbitration panel which it decides is not arbitrable under this agreement
shall be referred back to the parties.
(73)
C lau ses which provided for determ ination of arbitrability in the event of
a dispute over this question usually specified subm ission of the question to the
a rbitrator, for determ ination prior to h earin gs:
In the event that either party takes the position that a certain matter is not arbitrable, the question
o f arbitrability shall be submitted to arbitration together with the dispute on the merits o f the
matter before the abritrator.
(74)
>!<
;J<
It is agreed that if there is a dispute as to whether or not a grievance is arbitrable, it shall be
submitted to the arbitrator for determination.
The arbitrator w ill first rule whether or not the
subject is arbitrable hereunder and, if so, then he shall rule on the grievance. (75)
25
A few contracts perm itted the arbitrator the option of hearing the question
of arbitrability fir s t, or at the sam e tim e he heard the c a se .
If either party shall claim before the arbitrator that a particular grievance fails to meet the tests
o f arbitrability, as the same are set forth in this article, the arbitrator shall proceed to decide such
issue before proceeding to hear the case upon the merits.
The arbitrator shall have the authority
to determine whether he w ill hear the case on its merits at the same hearing in which the juris
dictional question is presented.
(76)
W hile m o st contracts provided for use of the sam e arbitrator or board to
determ ine arbitrability and the unsettled dispute, a few exceptions were found,
requiring different a rb itra to rs.
The issue for arbitration shall be determined by agreement between the parties, but in case o f fail
ure o f the parties to agree upon the existence o f an issue, a board o f arbitration may determine
the question whether there is any issue involving the interpretation and application o f provisions o f
this contract, and if it finds that there is any such issue, it shall then define such issue for hearing
by a board o f arbitration on the merit.
The same impartial person shall not serve both on the
board which determines the question o f arbitrability and on the board which hears the same case on
the merits, unless both parties agree that he may do so. However, in case o f such agreement, the
board o f arbitration shall, nevertheless, first determine the question o f arbitrability and define the
issue as above set forth before preceeding to the hearing on the merits.
(77)
One of these clau ses provided for subm ission of the question of a rbitrability by
mutual agreem ent of the p arties.
If a question is raised concerning the arbitrability under the agreement o f the issue sought to be
arbitrated, and such question is not otherwise decided, the parties by mutual agreement may submit
this issue alone to an arbitrator selected as provided above, and his decision on such issue shall be
final and binding.
If in favor o f arbitrability, such decision shall be follow ed by a hearing on the
merits o f the issue as soon as another arbitrator can be selected and a hearing arranged.
The fact
that a claim or dispute has been handled by the company under the grievance procedure shall not pre
clude the company from raising the question o f arbitrability with respect to such claim or dispute.
(78)
Another contract prohibited either party fro m refusing to proceed to a r b i
tration because the question of arbitrability had been ra ised .
If a question o f the arbitrability o f an issue is raised by either party, such question shall be de
termined in the first instance by the arbitrator or board. Neither party to this agreement shall refuse
to proceed to arbitration upon the grounds that the matter in question is not arbitrable.
(79)
W hile m o st clau ses specified that if either party challenged a rbitrability,
or if a dispute a r o s e , the question would be arbitrated, a variation illustrated
in the following excerpt provided only for the company to ra ise this question.
Before the submission o f a grievance or dispute to arbitration, the company and the union shall set
forth in writing specifically the issue to be submitted to arbitration, . . .
In the event that the company takes the position that a certain matter is not arbitrable, the ques
tion o f arbitrability shall be submitted to arbitration together with the dispute on the merits of the
matter before the same arbitration board.
(80)
Significant exceptions to the practice of referrin g questions of arbitrability
to an a rbitrator were found in a few con tracts, including the G eneral E le c tric
contracts with IUE and U E.
Under these con tracts, if either party questioned
26
the a rbitrability of an is s u e , arbitration was perm itted only after
term ined that the issu e was arbitrable and directed arbitration. 17
a court d e
In the event the receiving party has asserted that the dispute contained in a request for arbitration
is not arbitrable, the association shall have authority to process the request for arbitration and appoint
an arbitrator in accordance with the procedure set forth in section__ above only after a final judgment
o f a court has determined that the grievance upon which arbitration has been requested raises arbi
trable issues and has directed arbitration o f such issues. The foregoing part o f this section shall not
be applicable if the request for arbitration involves only relief from a disciplinary penalty or dis
charge alleged to have been imposed without just cause.
In the consideration and decision o f any question involving arbitrability (including any application
to a court for an order directing arbitration), it is the specific agreement o f the parties that:
Some types o f grievance disputes which may arise during the term o f this agreement shall be
subject to arbitration as a matter o f right, enforceable in court, at the demand o f either party,
(See section__ b e lo w .)
Other types o f disputes shall be subject only to voluntary arbitration, i. e . , can be arbitrated only if
both parties agree in writing, in the case o f each dispute, to do so.
(56) 1
1 7 In two o f the Steelworkers Trilogy cases, the U. S. Supreme Court laid down two broad rules on the
question o f arbitrability:
"The function of the court is very lim ited when the parties have agreed to submit all questions of contract
interpretation to the arbitrator.
It is then confined to ascertaining whether the party seeking arbitration is
making a claim which on its face is governed by the contract. Whether the moving party is right or wrong
is a question of contract interpretation for the arbitrator.
In these circumstances the moving party should not
be deprived of the arbitrator's judgment, when it was his judgment and all that it connotes that was bargained
f o r ." (United Steelworkers v. Am erican Manufacturing C o . , U. S. Sup. C t ., June 20, 1960).
"An order to arbitrate the particular grievance should not be denied unless it may be said with positive
assurance that the arbitration clause is not susceptible to an interpretation that covers the asserted dispute.
Doubts should be resolved in favor of covera g e." (United Steelworkers v. Warrior and Gulf Navigation C o.,
U. S. Sup. C t ., June 20, 1960).
Chapter III. Referral to Arbitration
Just as the m ovem ent of a grievan ce fro m one step in the grievance p r o
cedure to the next c alls for a decision on the part of the aggrieved party as to
whether it is worthwhile to continue the c a s e , the re fe r r a l of a grievan ce dispute
to arbitration requires a decision.
Since arbitration is a c ostly and tim e consuming p r o c e s s , each of the parties w ill con sider the stakes involved and their
chance of winning.
Other factors m ay also be considered— e .g . , union lead ers
responding to internal union p o litics; top m anagem ent o fficia ls unwilling to take
upon th em selves the r e v e r s a l of su p e r v iso r s' decision s made down the grievance
line.
W here m anagem ent m ay enter a grievance into a grievance p roced u re, as
in many m ultiem ployer bargaining arra n gem en ts, m anagem ent m ay be the un
sa tisfie d party seeking arbitration.
The p ro c e ss of referrin g disputes to arbitration is d iscu ssed in this chapter.
B efore the p ro c e ss of arbitration begins, the arbitrator m ay have an opportunity
to m ediate the dispute, and agreem en t cla u ses referrin g to this function a lso
are d iscu sse d .
Bringing D isputes to the A rb itra to r
A p p roxim ately 90 percent (1 ,4 4 5 ) of the 1 ,6 0 9 contracts perm itted either
party to re fe r unsettled disputes to arbitration.
The rem aining 164 contracts
provided for initiation of arbitration by the aggrieved party, by the union, or only
by mutual consent of the p a rties.
The requirem ent of mutual consent m eans
that one party can block arbitration. Whether there is a real distinction in p r a c
tice among the other procedures is doubtful.
Agreements
Number of
workers
A ll arbitration cla u s e s ----------------
1,609
7,172,100
Arbitration invoked by—
Request o f either p a rty---------Aggrieved p a rty--------------------Union------------------------------------Mutual consent o f both parties
1,445
46
72
46
6 ,252, 750
149,150
445,800
324,400
M ost of the 1 ,4 4 5 contracts explicitly stated that arbitration could be in i
tiated by either party, as in the following:
If the /g rie v a n ce / procedure has failed to settle a grievance,
party, be submitted to arbitration.
(81)
>;< *
. . .
it shall, if requested by either
*
Any grievance not settled in step 3 may be subject to arbitration only at the election of either the
union or the company, provided notice o f intent to arbitrate is given in writing by the party de
siring arbitration to the other party within 10 working days from the date o f answer in step 3.
(82)
220-616 0
-
66-3
27
28
A few agreem en ts sim ply stated that unsettled disputes would be re fe rre d
to arbitration, without specifying the procedure.
. . . the manager o f the association and the manager o f joint council, or their deputies, shall . . .
attempt an adjustment . . . Should they fail to agree, the question or dispute shall be referred to
a permanent umpire to be known as the "impartial chairman" in the industry and his decision shall be
final and binding upon the parties thereto.
(83)
Any and all matters in dispute, including a dispute concerning the interpretation or application o f
the arbitration provision, which have not been adjusted pursuant to the procedure therein provided,
shall be referred for arbitration and final determination to the impartial chairman therein desig
nated.
(84)
In the event grievances or disputes shall not have been satisfactorily adjusted through the foregoing
procedure, the matter shall be submitted to an arbitration board composed o f two representatives for
the union or unions involved, two representatives for the company, and the fifth representative shall
be selected by the four representatives so appointed by the union and the company.
(85)
Am ong variations found in a few of the 1 ,4 4 5 con tra cts, 1 granted the union
the option of submitting any unsettled grievance to arbitration or striking, but
perm itted the em ployer to initiate arbitration if no action was taken by the union
within a specified tim e:
When the grievance procedure has been exhausted and the grievance remains unsettled,
(a) The union may, within a 30-day period following the com pletion o f the third step o f the
grievance procedure, give the company notice o f its intention to strike and exercise the
right to strike within this same 3 0 -day period, and only then with the sanction and ap
proval o f the international union.
(b) In the event the union fails to exercise the above option within the 3 0 -day period, the
company or the union shall have the right to process the grievance to arbitration under
the terms o f the arbitration provisions below by giving the other party notice within the
next 15 days.
(c) Should the union or the company fail to exercise any of the above options within the
45 days following the com pletion of the third step of the grievance procedure, the griev
ance shall be considered withdrawn without prejudice.
(86)
In one contract the union’ s option to arbitrate or take other action was lim ited
to grievan ces over sp ecific is s u e s , such as new job cla ssific a tio n s or ra te s,
labor standards, and, in another instance, to issu e s which ’ ’the union con siders
vital to its existen ce. "
Article II
Section 2.
Special Exception To Pledge. The provisions o f section 1 /no-strike, no-lockou£7 shall
not apply in the case o f grievances listed in (a) below, when the union has elected to decline arbi
tration, and where the procedures o f this section 2 are observed by the union, except that should
any strike be called under this section, it shall not take the form o f a sit-down, stay-in, or w ild
cat strike.
(a) Grievances involving (1) changes in existing labor standards, (2) the establishment o f new
labor standards, or (3) the establishment o f incentive base and hourly rates for new job classi
fications introduced into the plant, may be appealed through the grievance procedure. . . .
Article VII
. . . the union shall have the option o f declining to arbitrate grievances defined in article II, section
2, within 30 calendar days from the date o f the written answer in step 4, and may resort to the
strike procedure as set forth therein, provided that when the union has elected to arbitrate such
grievance, by filing the "N otice o f Desire to Arbitrate, " this option to resort to such strike proce
dure shall be foreclosed, with respect to that particular grievance.
(87)
29
In the following agreem en t, it would appear that the union had the right to
bar arbitration even if an aggrieved em ployee was insistent on arbitration.
If a grievance has not been settled satisfactorily in the above steps o f the grievance procedure, either
party shall have 30 days in which to notify the other party in writing of their intention to submit
such grievance to binding arbitration . . .
. . . provided, however, the union shall have the right to withhold submission to arbitration o f any
grievance which the union considers vital to its existence, in which case the grievance procedure will
be considered exhausted and both parties shall have full freedom of action.
(88)
M o st of the 46 clau ses which lim ited the right of invoking arbitration to
the aggrieved party w ere sim ila r to the following:
. . . the issue may be submitted in writing for final determination to arbitration by the party ag
grieved, within 30 calendar days, to a board o f arbitration.
(89)
A few of the 46 specified the em ployee involved or the aggrieved em p loyee, rather
than the union.
O ccasion ally, the em ployee was given the choice of initiating
arbitration on his own or through his union.
In the event the grievance is not settled in step 3, then within, but not later than, 10 calendar days
after the company shall have rendered its decision the grievance may be submitted by the employee
or employees involved for arbitration.
(90)
Any em ployee who is not satisfied with the decision on his grievance or complaint at step 5 of the
grievance procedure may, individually or through his union grievance representative, file with the
impartial arbitrator at any time within 15 days after said decision has been made at step 5, a demand
that the impartial arbitrator give his opinion and make his determination with respect to the said
grievance or complaint.
(91)
The 72 agreem en ts which specified only the union as the r e fe rra l agent
presu m ably barred m anagem ent fro m taking this step, should such an occasion
ever a r is e , but a lso m ay be interpreted as barring the aggrieved em ployee from
taking this action on his own.
If the grievance is not settled satisfactorily in accordance with the foregoing procedure, and involves
a question o f interpretation or application o f the terms of this agreement, the union may refer the
matter to arbitration by written notice to the company not later than 10 days after decision in
stage 3.
(92)
If the grievance or dispute is not settled as a result o f the foregoing, then the union shall have the
right to request arbitration thereof . . . (93)
In the event the grievance shall not have been settled satisfactorily, the matter may be referred to
arbitration for final and binding determination, provided referral o f the grievance to arbitration shall
have been reviewed by the district director of the international union under whose jurisdiction the
plant involved is located.
If the union decides to arbitrate it w ill make its appeal in writing as
promptly as possible, but in no case more than 30 days after the receipt o f the company's 4th step
answer . . . (94)
N ea rly all of the 46 contracts which required consent of both parties to in
voke arbitration covered a ll grievan ces or those involving interpretation and a p
plication of the agreem en t.
In the event o f the inability o f the employer and the union to reach an agreement on any issue or
issues in dispute as aforesaid, the disputed issue or issues may be referred to arbitration if both the
employer and the union so agree, but only if both so agree. (95)
>;<
>;<
30
Any grievance involving a layoff, a discharge, or the interpretation o f any provision o f this agreement
which has not been satisfactorily settled under the grievance procedure above provided, may, with
the written consent o f the bargaining committees representing the union and the company, be sub
mitted to an arbitrator or a board o f arbitration. In the event a disagreement exists as to whether
or not an issue w ill be arbitrated, the president o f the company or his appointee together with the
regional director of the union or his appointee shall determine whether or not the issue shall be
arbitrated.
(96)
In a few of the con tra cts, how ever, mutual consent was not required for
disputes involving d isciplinary action, perm itting either party to initiate a r b i
tration of such disputes.
F o r exam ple:
Any grievance which clearly protests a disciplinary penalty or discharge o f an employee covered by
this agreement and who is not a probationary employee, and which remains unsettled after the pro
cedures outlined in preceding provisions of this article have been exhausted, shall be submitted to
arbitration upon the written request o f the union or the corporation, subject, however, to the follow
ing terms, conditions and exceptions. . . .
The grievance must allege that, and the arbitrator's authority shall be lim ited to determining whether,
the discipline or discharge of an employee within the bargaining unit was imposed without just cause.
The union and the corporation hereby specifically agree that all other grievance issues are excluded
from demand arbitration, and may be arbitrated only upon the mutual consent in writing o f the union
and the corporation.
. . .
It is the intention o f the parties that only those ^disciplinary/ disputes which clearly com e
within these arbitration provisions shall be arbitrable.
No other subject, direct or collateral, shall
be arbitrable except by a mutual written agreement signed by the corporation and the union . . . (97)
In addition of these contracts perm itting arbitration only by mutual consent
of the p a rtie s, som e of the 348 contracts re fe rre d to e a r lie r , which excluded
one or m o re specific issu e s fro m arbitration, perm itted arbitration of these i s
sues by mutual consent.
Tim e L im its on R e fe rra l to A rbitration
A g reem en ts frequently im posed tim e lim its during which a grievance had
to be taken to arbitration. Such provisions im ply a w aiver of the right to appeal,
and in effect m ean acceptance of the final grievance decision , if no appeal is
initiated within the specified tim e. Many of the agreem en ts included a specific
statem ent to this effect, as illustrated below:
If the grievance is not settled and if appeal to arbitration is not taken within 30 days after the
grievance was originally made, the grievance shall be deemed to have been settled.
(98)
If arbitration is not requested as above provided for within the time limits therein stated, it w ill be
understood that the grievance or dispute no longer exists.
(99)
. . .
If such grievance is not submitted to arbitration within said 30 days, the grievance shall be
considered settled on the basis o f the final decision rendered to the aggrieved party.
(100)
The m ost com m on practice was to establish the tim e lim it fro m the date
of the final grievance d ecision , or of the com pletion of the la st step in the
grievance procedure:
Either party to this agreement, shall have the right, within 10 days (excluding Saturdays, Sundays,
and holidays) after the answer under step 2 o f the grievance procedure as herein provided for, to
refer to arbitration any grievance, difference or dispute which is the subject o f the grievance
procedure.
(101)
*
*
*
31
Article XV
Arbitration
Any grievance which remains unsettled after having been fully processed pursuant to the provisions of
article—/grievance procedure/ . . .
. . . may be submitted to arbitration upon written request of either the union or the company,
provided such request is made within 60 days after the final decision o f the company has been given
to the union pursuant to article— , section— . (56)
. . . either party desiring arbitration shall notify the other thereof in writing, stating the question,
within 21 days after failure to adjust the grievance in the final step . . .
(51)
*
-!< *
. . . it /tlie grievan ce/ may be appealed by giving notice in writing to the company, within
30 days after the date o f the meeting at which discussion o f such grievance under step 4 /last step/
shall have been com pleted, or within 20 days after a draft o f the minutes o f such meeting shall
first have been received by a representative o f the union, whichever o f those periods shall last ex
pire, to an impartial umpire . . . (68)
Other agreem en ts set the tim e lim it fro m the date the grievance was in i
tially presented for adjustm ent:
There shall be no arbitration of any dispute, difference, or grievance unless either the company or
the union issues a written demand for arbitration to the other party within 30 calendar days o f the
date the grievance was first presented in writing.
(34)
One qualified this tim e lim it as follow s:
No demand for arbitration o f any matter shall be made more than 150 days after the matter was
first presented to the company for adjustment, but if there is a relevant shorter time limitation
provided in this agreement, such shorter lim it shall apply.
(102)
Tim e lim its for re fe rra l to arbitration ranged fro m a few days to severa l
m onths, and, in rare in sta n ces, to 1 year; fro m 1 to 4 weeks, how ever, was the
m o st frequently specified tim e lim it.
Some agreem en ts provided different tim e
lim its for specific is s u e s .
M ainly, these covered grievan ces over discharge
and disciplin e, or other m atters involving retroactive adju stm en ts, for which
shorter tim e lim its , ranging fro m 3 to 10 days, were specified:
If a grievance remains unadjusted after the final step provided in the grievance procedure, either
party has the right to appeal to an arbitration panel within 30 days following the written disposition
o f the grievance rendered in accordance with paragraph— , except that cases involving retroactive
adjustments and/or discharge or disciplinary action shall be appealed within 10 days.
(103)
M ediation by the A rbitrator
One o f the r e c u r r in g su b je cts o f d is c u s s io n am ong a r b itr a to r s is w hether
they should attem pt m ed ia tion .
W h atever im p o rta n ce s o m e a r b itr a to r s m ay
lend to p r e a r b itr a tio n m e d ia tio n , a g re e m e n ts c o n s p ic u o u s ly a v oid this i s s u e .18
Of the 416 c o n tr a c ts exa m in ed in d eta il (ch a p ter I) none s p e c ific a lly r e q u ire d the
a r b itr a to r to attem pt m e d ia tio n , and only a few e x p r e s s ly p e rm itte d m ed iation .
For mediation of grievance disputes prior to submittal to arbitration, see BLS Bulletin 1425-1, pp. 52—54.
32
In the following exam ple, the im partial chairm an of a tripartite board was
perm itted to a s s is t the partisan m em b ers in resolvin g questions.
The union and corporation representatives o f the appeal board shall attempt to settle all grievance
properly referred to the board.
In the event they are unable to settle the matter, it shall be determined by decision o f the impartial
chairman and not by majority vote of the board. The impartial chairman shall have the right, how
ever, to participate in all discussions and meetings of the appeal board and shall also have the duty
o f assisting the parties in resolving particular questions.
(104)
An exam ple of a contract sp e cifica lly perm itting the a rbitrator to attempt
m ediation p rior to arbitration follow s:
The arbitrator shall decide the matter presented to him, . . . Provided, however, the reference to
arbitration shall not prevent the arbitrator from attempting to conciliate the difference between the
parties.
(105)
A sufficient num ber of disputes are withdrawn fro m arbitration prior to a
hearing or decision to suggest that arb itra to rs do, in p ractice, either attempt
direct m ediation or achieve it in a roundabout way. 19
The a greem en ts o ffer no
clues as to why the parties are reluctant to call upon their a rb itra to rs to a t
tem pt m ediation, since an u n su ccessfu l attem pt would not bar arbitration.
19
See The Arbitration o f Labor-Management Grievances, Bethlehem Steel Company and United Steelworkers
of A m erica, 1942—52 (BLS Bulletin 1159).
Chapter IV. The Arbitration Agency
A rbitration is a se rv ice to the parties involved in a dispute and they m ust
decide what kind of arbitration agency and arbitrator they want.
W here a rb i
tration is an infrequent o ccurren ce and the parties are inexperienced in choosing
a rb itra to rs, organizations such as the F ed eral M ediation and Conciliation S ervice
and the A m erica n Arbitration A sso cia tio n are available for a ssista n c e , even
including the selection of the a rbitrator. A greem en ts tended to be fa irly explicit
on the nature of the arbitration agency and the method of selectio n , but a su b
stantial proportion did not take advance precautions against a deadlock over
the selection of an a rb itra to r, thus opening the p o ssib ility of one dispute c o m
pounding another.
The parties to the disputes— union and m anagem ent— bear the costs of
arbitration, typically sharing them on an equal b a s is .
How agreem ents handle
the m atter of costs also is examined in this chapter.
Type of A rbitration Agency
Arbitration was to be conducted by a single im partial arbitrator in over
o n e -h a lf (858) of the 1 ,6 0 9 con tracts; and by a tripartite board in over tw ofifths (670) (table 5).
The parties were allowed the option of using either a
single arbitrator or a board in 42 con tracts.
In 26 con tra cts, p rovision was
made for use of a single arbitrator for certain issu e s and a board for oth ers.
The rem aining 13 contracts either did not indicate the type of agency or provided
for lo ca l plant negotiation.
The arbitration agency, whether a single arbitrator or tripartite board,
was to be selected on an ad hoc (tem porary) basis in over fo u r-fifth s (1 ,3 4 8 )
of the con tracts.
Under these a rran gem en ts, selection m ust be made each
tim e a dispute is re fe rre d to arbitration.
W orker coverage under ad hoc a r
rangem ents was grea test in contracts negotiated by single plant em p lo y e rs,
accounting for 85 percent of the em ployees in this group.
There was only a
slight differen ce in w orker coverage under m u ltip lan t-sin g le em ployer contracts
(67 percent of the em p loyees) and in m ultiem ployer contracts (71 percent).
P erm an en t, rather than ad hoc, arbitration m achinery was provided in 222
con tracts. Under these a rran gem en ts, the arbitrators or boards hear all disputes
arising during their term of o ffic e. In term s of worker cov era g e, perm anent a rb i
tration was m o st predom inant in m ultiplant contracts of single em p loyers (31 p e r
cent of the w o rk e rs), and in m ultiem ployer contracts (22 percen t). Such a rra n g e
m ents in single plant contracts accounted for only 13 percent of the w o rk ers.
The la rg e st concentration of w orkers under perm anent arbitration was in
a ssociation contracts in the apparel industry and in m ultiplant contracts in the
transportation equipment industry.
In apparel, nearly tw o-th irds of the e m
ployees w ere covered by perm anent arrangem ents established in th re e-q u a rte rs
of the con tracts; all but one specified a single arb itra to r.
In transportation
equipment, over o n e -h a lf of the w orkers were under perm anent arran gem en ts,
all of which also specified a single arbitrator; these provision s w ere established
in a relatively sm a ll number of contracts but they covered large numbers of
w o rk ers. Other industries in which perm anent arbitration was prevalent included
p rim a ry m e ta ls , m ach in ery, hotels and resta u ra n ts, and s e r v ic e s .
33
34
T a b le 5.
T y p e o f A r b it r a t io n M a c h in e r y S p e c ifie d in M a jo r C o lle c t iv e
B a rg a in in g A g r e e m e n t s by In d u s tr y , 1961—62
( W o r k e r s in t h o u s a n d s )
Single a r b it ra t o r
N u m b e r wit h g r i e v a n c e
arbitration p rovision s
Industry
Agree m ents
A l l i n d u s t r i e s _________________
M anufacturing _
______
_
____________________
O r d n a n c e a n d a c c e s s o r i e s __________ _______
F o o d a n d k i n d r e d p r o d u c t s ________ . . . _ ___
_____________
______
Tobacco m anufactures
T e x t i l e m i l l p r o d u c t s __________ ________
„
_
A p p a r e l a n d o t h e r f i n i s h e d p r o d u c t s _____
L u m b e r and w ood p r o d u c ts , ex c ep t
f u r n i t u r e __________________________________________
F u r n i t u r e a n d f i x t u r e s _______ __________ ______
P a p e r a n d a l l i e d p r o d u c t s ____________________
P r i n t i n g , p u b l i s h i n g , and a l l i e d
i n d u s t r i e s _________________________________________
C h e m i c a l s a n d a l l i e d p r o d u c t s _____________
P e t r o l e u m r efin in g and r e la te d
i n d u s t r i e s _________________________________________
R u bb er and m i s c e ll a n e o u s p la s tic s
p r o d u c t s ___________________________________________
L e a th e r and le a t h e r p r o d u cts
_________
S t o n e , c l a y , a n d g l a s s p r o d u c t s ___________
P r i m a r y m e t a l i n d u s t r i e s „ __________ __
__
F a b r i c a t e d m e t a l p r o d u c t s ___________________
M a c h i n e r y , e x c e p t e l e c t r i c a l __ ___________
E le c tr ic a l m a c h in e r y , equipm ent,
a n d s u p p l i e s ______________________________________
T r a n s p o r t a t i o n e q u i p m e n t ___ ----------------------I n s t r u m e n t s a n d r e l a t e d p r o d u c t s _________
M is c e lla n e o u s m anufacturing
i n d u s t r i e s _________________________________________
N o n m a n u f a c t u r i n g ___________________
_____
M i n i n g ; c r u d e p e t r o l e u m and
n a t u r a l g a s p r o d u c t i o n _____________ ________
T r a n s p o r t a t i o n 1________ __________ _____________
C o m m u n i c a t i o n s ____________________ _____________
U t i l i t i e s : E l e c t r i c a n d g a s __________________
W h o l e s a l e t r a d e ________ __ ________ __________
Retail trade _
__ ____________________________
H o t e l s a n d r e s t a u r a n t s ________________________
S e r v i c e s _____________________________________________
C o n s t r u c t i o n ____________________ _______ __________
M is c e lla n e o u s n onm anufacturing
_______ __
_ ___ _
i n d u s t r i e s . _______ __ _ _
See fo o tn o te at end o f ta b le .
W ork
ers
Temporary
(a d h o c )
Permanent
Agree
m ents
W orker s
Agree
m ents
W ork
ers
1 ,60 9
7 , 1 72 . 1
175
1 ,4 4 4 . 6
683
3, 0 5 6 . 3
988
4 ,2 1 6 . 6
134
1 ,1 9 1 .0
477
1 ,7 0 8 . 9
19
116
7
31
53
66. 5
354. 4
1 4. 6
8 1.2
456. 2
3
8
-
10. 3
32. 5
-
7
40
22. 6
293. 6
8
18
56
1 6. 5
31. 8
124. 7
2
4
3. 2
34
53
70. 8
102. 0
2
4
15
49. 2
.
29
19
40
126. 2
66. 9
3
7
109. 1
600. 5
137. 6
8
7
98
294. 8
100
108
24
413. 6
1 ,0 2 5 . 1
53. 5
99
50
11
21.9
15
23
3 6. 3
38. 2
.
10
18
1
17. 6
586. 5
7. 0
49
57
14
1
3
14
1
-
169. 5
722. 9
9
4
-
3
7
-
8. 6
20. 6
5
27
54
237. 8
678. 3
4 81 .4
192. 8
25. 2
284. 6
163. 2
-
2. 6
12. 9
9
18
1 13
77
77
13
1 03
34
47
-
9. 3
16. 3
41
29. 9
14. 0
5. 8
10. 6
56. 4
43. 9
102. 2
2 ,9 5 5 . 6
47. 7
149. 5
4. 4
4
6
24
16
6
26
66
621
139
11
48
3
8
7
12. 6
66.
33.
76.
305.
55.
6
5
1
8
0
119. 6
263. 8
330. 6
35. 2
1. 5
8
1 7. 8
253. 7
206
1, 3 4 7 . 4
4. 6
109. 0
1. 5
6. 4
60. 1
54. 1
18. 1
-
9
33
35
14
1
42
9
13
50
-
219.
352.
286.
38.
1.
114.
45.
21.
7
5
1
0
5
1
5
5
268. 7
-
35
T a b le 5. T y p e o f A r b it r a t io n M a c h in e r y S p e c ifie d in M a jo r C o lle c t iv e
B a rg a in in g A g r e e m e n t s by In d u s try , 1961—62— C on tin u ed
(W orkers
in t h o u s a n d s )
B o a r d of a r b i t r a t o r s
Industry
P erm anent2
Agree
Single or
Board m em b e rs
board 3
perm anent; ch a ir
m a n (ad h oc)
Agree
W orkAgree
W ork
m ent s
m ents
er s
ers
Temporary
(ad h oc)
W ork
221. 0
13
215. 4
172. 1
9
188. 8
4
-
7. 4
-
1
125. 0
W ork
er s
A l l i n d u s t r i e s _____________________________
47
340. 5
550
1 ,6 3 6 ,0
73
258. 5
68
M a n u f a c t u r i n g ________________________________
24
245. 7
276
666. 0
22
44. 3
46
4
45
6. 6
1
3
_
1 .9
9. 5
4
-
13. 4
-
1
7. 5
13
2
1
2
2. 0
16. 4
3
6
24
4
6. 7
-
-
R u b b e r and m i s c e l l a n e o u s p l a s t i c s
products
..................
L e a t h e r a n d l e a t h e r p r o d u c t s _______________
Stone, c la y , and p la s s pro d ucts
P r im a r y m eta l industries
Fabricated m eta l products
M ach in erv, except e le ctrica l
1
1
1
6
1
2
4. 0
3. 0
E lectrical m achinery,
and s u p p l i e s
T e x t i l e m i l l p r o d u c t s __________________________
A p p a r e l a n d o t h e r f i n i s h e d p r o d u c t s _____
L u m b e r and w o o d p r o d u c t s , ex c ep t
f u r n i t u r e __ _______________________________________
F u r n i t u r e a n d f i x t u r e s ______________________ _
P a p e r and a lli e d p r o d u c t s
P rin tin g , pu blish in g, and a llied
in d u stries
C h e m i c a l s a n d a l l i e d p r o d u c t s .......................
P e t r o l e u m refin in g and r e la te d
industries
2.
134.
1.
4.
0
9
1
7
W ork
ers
Agree
m ents
m ents
O r d n a n c e a n d a c c e s s o r i e s ___________________
F o o d a n d k i n d r e d p r o d u c t s ___________________
T obacco m anufactures
Agree ment s
ers
1
-
4. 2
2. 0
-
3
2
8. 5
12. 1
39. 5
1
2
-
3. 0
3. 2
-
1
2
1. 0
3. 2
_
-
_
-
8
21
14. 6
33. 7
4
1
5. 7
4. 0
1
4
5. 0
13. 2
-
-
10
36. 6
6
3
13
13
11
24
8. 7
6. 5
31. 0
-
3
2
4
38. 5
3. 4
-
29. 8
30. 4
40. 6
1
1
-
33
26
97. 0
9 1.4
2
4
4. 2
6
7. 6
1
3
137.
8.
20.
4.
9
2
2
0
7. 8
1 1. 8
4
Other 4
-
1
1
-
51. 0
9
6. 0
4. 2
27. 8
8. 4
5
2
28. 1
7. 2
1
1
3. 0
1 .2
1. 0
2
2. 7
6. 9
1. 8
-
2
1. 2
-
equipm ent,
_
_
T r a n s p o r t a t i o n e q u i p m e n t ____________________
I n s t r u m e n t s an d r e l a t e d
p r o d u c t s ___________________________________________
M isc e lla n e o u s m anufacturing
i n d u s t r i e s _____________________________ ____________
-
-
.
.
2
2. 6
-
N o n m a n u f a c t u r i n g ___________________________
23
94. 8
274
970. 1
51
214. 2
22
5
18. 3
2
42
2. 8
122. 1
1
13
1 .2
57. 0
191. 5
150. 3
13. 3
-
-
2
2.
6.
3.
13.
3
5
2
1
-
-
M i n i n g ; c r u d e p e t r o l e u m and
natural gas production
T r a n s p o r t a t i o n 1 __________________________________
C o m m u n i c a t i o n s _____________ ______ ____ ________
U t i l i t i e s : E l e c t r i c an d g a s
W h o lesa le trade .
......
R e t a i l t r a d e ________________________________________
H o t e l s a n d r e s t a u r a n t s ________________________
S e r v i c e s ____________________________________________
C o n s t r u c t i o n ____________________________ ______ ____
M i s c e lla n e o u s nonm anufacturing
in d u strie s
-
-
1
1
1
2
6
7
1 .0
4. 2
4. 7
-
6. 8
7. 3
52. 6
-
39
59
9
49
10
12
52
137.
37.
72.
243.
-
-
4
2
2
4
2
2
6
4
21
-
-
-
2
2
8
7
9. 0
121. 2
-
-
6
-
.
-
-
48. 9
4
26. 6
9.
9.
2.
1.
1
10. 0
-
-
_
_
7
6
4
4
-
18. 2
-
-
-
-
_
_
_
2
3
2. 5
5. 3
1
2
-
-
-
-
3. 0
13. 6
1 E x c l u d e s r a i l r o a d and a i r l i n e i n d u s t r i e s .
2 7 of t h e s e a g r e e m e n t s did not i n d ic a t e th e t y p e o f m a c h i n e r y , and 6 s t a t e d that th e a r b i t r a t i o n m a c h i n e r y w a s to be
d e t e r m i n e d by n e g o t i a t i o n .
3 I n c l u d e s 1 a g r e e m e n t w h ic h s p e c i f i e d a p e r m a n e n t c h a i r m a n , but ad h o c l a b o r - m a n a g e m e n t r e p r e s e n t a t i v e s .
4 4 2 o f t h e s e a g r e e m e n t s a l l o w e d th e p a r t i e s th e o p ti o n of a s i n g l e a r b i t r a t o r o r a t r i p a r t i t e b o a r d , and 26 s p e c i f i e d one
o f t h e s e t y p e s f o r r e g u l a r g r i e v a n c e s and the o t h e r f o r d i s p u t e s o v e r s p e c i f i c t e c h n i c a l o r h e a l t h , w e l f a r e and p e n s i o n i s s u e s .
NOTE:
B e c a u s e o f ro u n d in g ,
su m s o f in d iv id u a l ite m s m a y not e qu a l t o t a ls .
36
In p erm a n en t a r b itr a tio n , p r o v is io n s f o r sin g le a r b itr a to r s a ccou n ted fo r
a la r g e m a jo r it y o f the c o n tr a c ts and o f the w o r k e r s .
O f the 222 c o n t r a c t s ,
175, c o v e r in g fo u r -fift h s o f the w o r k e r s , s p e c ifie d a sin g le a r b itr a to r ; the r e
m ain in g 47 p r o v id e d fo r a tr ip a r tite b o a rd .
A c o m p a r is o n w ith c o n tr a c ts in e ffe c t in 1952, the date o f the Bureau*s
p r e v io u s stu d y, in d ica te s a tren d tow ard sin g le ad h o c a r b itr a tio n , as the tabu
la tion b e lo w in d ic a te s .
In 1952, 51 p e r c e n t o f the co n tra cts with a rb itra tio n
p ro v id e d f o r a b o a r d , as a g a in st 42 p e r c e n t in 1961—62, w h ile the u se o f sin g le
a r b it r a t o r s r o s e fr o m 42 to 53 p e r c e n t.
Percent o f contracts
Type o f arbitration agency
1961-62
1952
Ad h o c --------------Single arbitrator
Tripartite board
Single or board
85
42
39
4
80
30
46
4
Perm anent---------Single arbitrator
Tripartite board
14
11
3
17
12
5
Other -----------------
1
3
S e le c tio n o f the A r b itr a to r
V a rio u s m eth od s w e r e ou tlin ed fo r s e le c tio n o f the a r b itr a to r , e ith e r d i
r e c t ly by the two p a r t ie s , o r w ith the a s s is ta n c e o f g o v ern m en ta l o r p r iv a te
a g e n c ie s o r in d iv id u a ls, o r , le s s fr e q u e n tly , by ou tsid e a g e n cie s on ly. A lthough
m an y a g re e m e n ts took the n e c e s s a r y p re ca u tio n s to p re v e n t a d e a d lo ck o v e r the
s e le c t io n o f the a r b it r a t o r , at le a s t h a lf did not.
M o st a g re e m e n ts in d ica ted that s o m e help w ould be sought fr o m ou tsid e
a g e n cie s (c h ie fly the F e d e r a l M ed ia tion and C o n cilia tio n S e r v ic e o r the A m e r ic a n
A r b itr a tio n A s s o c ia t io n ) in the s e le c t io n o f a r b it r a t o r s , and in a substantial
p r o p o r t io n o f a g re e m e n ts the s e le c t io n was to be m a d e o r cou ld be m ad e by
the o u tsid e a g e n cy .
O f 416 a g re e m e n ts exam ined in d e ta il, 30 p e r c e n t m ad e
no r e fe r e n c e to o u tsid e a s s is ta n c e ; th ese w e re ty p ic a lly la r g e a g reem en ts in
su ch in d u strie s as a p p a r e l, tra n sp o rta tio n equipm ent, p r im a r y m e ta ls , and t r a n s
p o rta tio n w h e re c o n s id e r a b le e x p e r ie n ce with a rb itra tio n had b een a ccu m u la ted .
In about a fou rth o f the a g r e e m e n ts , a lis t o f su ita b le a r b itr a to r s w as to be
re q u e ste d fr o m o u tsid e a g e n c ie s , in m o s t c a s e s on ly i f the p a rtie s cou ld not
re a ch a d e c is io n on th e ir ow n.
A few o f th ese a g re e m e n ts p ro v id e d f o r the
s u b m is s io n o f m o r e than one lis t , o r fo r fin a l s e le c tio n by the ou tsid e a g en cy
i f the p a r tie s co u ld not a g r e e .
P r o v is io n fo r b rea k in g a d ea d lock o v e r the
s e le c t io n o f the a r b itr a to r was in c o r p o r a te d into a lm o s t 30 p e r c e n t o f the a g r e e
m e n ts , w h ile s lig h tly m o r e than 10 p e r c e n t r e lie d in the fi r s t in sta n ce on the
ou tsid e a g e n cy to s e le c t .
A fe w c o n tra cts m e r e ly p r o v id e d fo r s e le c t io n in
a c c o r d a n c e with A m e r ic a n A r b itr a tio n A s s o c ia tio n (A A A ) r u le s .
In g e n e r a l,
th e se ru le s r e q u ir e s u b m is s io n o f an id e n tica l lis t to ea ch o f the p a r t ie s , with
the fin a l appointm ent m a d e by the A A A fr o m the n am es a p p rov ed by each p a rty ,
in o r d e r o f p r e fe r e n c e . 20
20
See appendix B for AAA Voluntary Labor Arbitration Rules and FMCS Procedures.
37
In fiv e c o n t r a c t s , the m an n er o f s e le c tio n eith er v a r ie d by p lan t, o r p e r
m itted the p a r tie s the c h o ic e o f s e le ctin g the a rb itr a to r o r asking the A A A to
do s o .
A n oth er a g re e m e n t did not s p e ll out the m eth od o f s e le c tio n .
Method o f selection
Agreements
Workers
(in thousands)
Number stu died-----------------------------------------------------
416
2 ,6 0 0 .1
Company and union select:
No outside participation----------------------------------From list submitted by outside a g e n cy --------------
125
21
1 ,3 5 7 .3
158.0
If unable to agree:
Select from list submitted by outside agency---Outside agency selects---------------------------------------
89
120
467.2
4 6 0 .0
Outside agency s e le cts -----------------------------------------In accordance with AAA rules------------------------------Other------------------- -------- -----------------------------------------
48
7
6
116.9
13. 8
2 7 .0
NOTE:
Because o f rounding, sums o f individual
items may not equal totals.
C lau ses illu stra tin g m ethods o f s e le c tio n a re in clu d ed in subsequent s e c
tions o f this ch a p te r, dealin g with s p e c ific types o f a rb itra tio n m a ch in e ry .
P r o v is io n s d esign atin g the F e d e r a l M ediation and C on cilia tio n S e r v ic e o r
the A m e r ic a n A r b itr a tio n A s s o c ia tio n as the p a rticip a tin g ou tsid e a g e n cie s w e re
m o s t pred om in a n t, each accou n ting f o r o v e r tw o -fifth s o f the c o n tra cts p rov id in g f o r
ou tsid e p a r tic ip a tio n (table 6). The FM CS was s p e c ifie d m o r e fre q u e n tly w h ere
a rra n g em en ts c a lle d f o r s u b m iss io n o f a pan el fo r s e le c tio n if the p a r tie s w e re
unable to a g re e on a c h o ic e .
The A A A was s p e c ifie d m o r e freq u en tly w h ere
the ou tsid e a g en cy m ad e the s e le c tio n in event o f d isa g r e e m e n t.
A few a g r e e
m ents p e rm itte d the p a r tie s to s e le c t eith er the FM CS o r A A A ; a few oth ers
p e rm itte d a c h o ic e o f FM CS o r a State m ed ia tion a g en cy.
O utside p a rticip a n ts oth er than FM CS o r A A A in clu d ed State o r city m e d i
ation a g e n c ie s , a F e d e r a l o r State ju d g e , and the S e c r e ta r y o f L a b o r.
S electin g a T e m p o r a r y (Ad H oc) A r b itr a to r
P r o v is io n s fo r u se o f a sin g le a r b itr a to r appointed fo r each c a s e w e re
found in 42 p e r c e n t o f the 1 ,6 0 9 c o n tr a c ts , accounting fo r a s im ila r p r o p o r tio n
of w ork ers.
D ir e c t S e le c tio n by the P a r t ie s . A g re e m e n ts w hich gave the p a r tie s c o m
p le te r e s p o n s ib ility fo r the s e le c tio n o f an ad h o c sin g le a r b itr a to r , with no
p r o v is io n fo r ou tsid e p a rticip a tio n in event o f a d e a d lo ck , u su a lly did not in
clu de a d eta iled p r o c e d u r e fo r s e le c tio n .
The fo llo w in g a r e ty p ica l ex am p les
o f such c la u s e s :
. . .
an arbitrator shall be selected by the union and the employer involved, who is acceptable
to both sides, not later than 15 days after the difference arises.
(106)
%
*
*
In the event the /g r ie v a n c e ? board fails to settle the grievance in step 3, either party may, upon
written notice to the other, request that the grievance be submitted to arbitration. The arbitration
case shall be handled by an arbitrator mutually selected by the company and the union. (107)
38
T a b le 6.
S e le c t io n o f A r b i t r a t o r and A g e n c y S p e c ifie d in S e le c t e d M a jo r C o lle c t iv e B a rg a in in g A g r e e m e n t s ,
1961—62
( W o r k e r s in t h o u s a n d s )
AAA
T o ta l
M e th o d o f s e le c t in g
th e a r b i t r a t o r
A gree
m en ts
P u b lic a g e n c ie s
o t h e r th a n
FMCS 1
FM CS
W ork
A gree
ers
m e n ts
W ork
ers
A gree
m e n ts
2 a g e n c ies
or m ore 1
2
W ork
ers
A gree
m e n ts
W ork
ers
A gree
m en ts
W ork
ers
O th e rs 3
A gree
m en ts
W ork
er s
N u m b e r s t u d i e d ____________
416
2 ,6 0 0 . 1
P a r t i c ip a t i o n b y o u ts id e a g e n c y
o r p a r t y ______________________________
291
1 ,2 4 2 . 8
124
488. 9
125
442. 9
31
265. 9
9
27. 2
2
18. 0
230
1 ,0 8 5 . 2
86
387. 8
112
411. 2
25
246. 0
6
23. 4
1
17. 0
21
158. 0
12
118. 3
8
29. 7
1
10. 0
89
467. 2
18
47. 8
65
224. 9
5
193. 3
1
1. 3
120
460. 0
56
221. 7
39
156. 6
19
42. 7
5
22. 1
1
17. 0
1
1. 2
_
-
2
2. 6
1
1. 0
A r b itr a to r
s e le c t e d b y :
C o m p a n y a n d u n i o n ____________
F r o m a l i s t s u b m itt e d
b y a n o u t s i d e a g e n c y ____
I f u n a b le t o a g r e e on
a r b it r a t o r , fr o m lis t
s u b m itt e d b y o u ts id e
a g e n c y 4 ______________________
I f u n a b le to a g r e e on
a r b i t r a t o r , o u ts id e
a g e n c y s e l e c t s ____________
O u t s i d e a g e n c y o r p a r t y _____
In a c c o r d a n c e w it h A A A
r u l e s _________ _____ _______________
O t h e r 5 ____________________ _________
N o o u ts id e a g e n c y s p e c if ie d —
c o m p a n y a n d u n io n s e l e c t
a r b i t r a t o r 6 __________________________
48
116. 9
13. 8
29
7
6
27. 0
7
2
125
1 ,3 5 7 .3
-
65. 2
12
30. 5
-
20. 0
_
13. 8
22. 2
6
1
1. 2
-
-
-
-
-
-
-
-
1 I n c l u d e s 2 0 a g r e e m e n t s w h ic h s p e c i f i e d a S t a t e o r c i t y m e d i a t i o n a g e n c y ; 10 w h ic h s p e c i f i e d a F e d e r a l o r S t a t e j u d g e ;
1 w h ic h n a m e d th e S e c r e t a r y o f L a b o r .
2 I n c l u d e s 5 a g r e e m e n t s w h ic h n a m e d th e F M C S a n d A A A ; a n d 4 w h ic h n a m e d th e F M C S a n d a S t a t e m e d i a t i o n a g e n c y .
3 1 a g r e e m e n t w it h s e v e r a l
p e r m a n e n t a r b i t r a t o r s n a m e d a p r i v a t e i n d i v i d u a l to s e l e c t a r e p l a c e m e n t i f th e c o m p a n y
a n d u n io n w e r e u n a b le to a g r e e in e v e n t o f a v a c a n c y ; t h e o t h e r a g r e e m e n t w a s n o t c l e a r .
4 I n c l u d e s 4 a g r e e m e n t s w h ic h p r o v i d e d f o r s e l e c t i o n b y th e o u t s i d e a g e n c y i f th e p a r t i e s w e r e u n a b le t o a g r e e a f t e r
req u e stin g a lis t.
5 In c lu d e s
1 a g r e e m e n t in w h ic h m e t h o d o f s e l e c t i o n w a s n o t c l e a r ; 2 w h ic h v a r i e d in d i f f e r e n t p l a n t s ; a n d 3 w h ic h
p e r m i t t e d th e c o m p a n y a n d u n io n t o e i t h e r s e l e c t th e a r b i t r a t o r o r c a l l u p o n a n o u t s i d e a g e n c y .
6 I n c l u d e s 7 a g r e e m e n t s w h ic h d id n o t m e n t i o n h o w th e a r b i t r a t o r w a s s e l e c t e d .
and
NOTE:
B e c a u s e o f r o u n d in g , su m s o f in d iv id u a l ite m s m a y not eq u a l t o t a ls .
39
A few contracts varied this procedure by listing in the contract a panel
of m utually agreed upon arbitrators fro m which the parties were to make a
choice.
U sually five or seven nam es were listed . Selection by the parties
from the panel, without any p rior attempt to agree on a choice, was indicated
in som e instances:
Messrs, /nam es of five individuals/ are hereby appointed as a panel of arbitrators . . . who shall
be chosen . . .
as follows: Each party may strike two names from the panel and the remaining
arbitrator shall serve in the case.
(44)
In the o th ers, the panel was
designating an arbitrator:
to be used only if the parties failed to agree on
In the event the parties are unable to agree upon an arbitrator, he shall be selected by a lot from
among the following: Messrs, /names o f five individuals/. (108)
Outside P a rticip a tio n .
P ro v isio n s for outside participation either called
for su b m ission of a panel from which the parties were to make the se le ctio n ,
or for direct appointment by the designated agency.
A number of agreem ents provided for sub m ission of m ore than one list
in the event the parties could not agree on a selection from the fir s t panel:
The parties shall jointly request the Am erican Arbitration Association and the Federal Mediation
and Conciliation Service to furnish lists of available arbitrators.
After receipt of such lists and an opportunity to consider the names thereon the parties, . . .
determine which of such mutually acceptable arbitrators shall be deemed to be named.
[shall/
If the foregoing does not result in a designation of a mutually acceptable arbitrator the procedure
shall be repeated with respect to additional lists until such a designation results. (109)
Others provided for appointment of the arbitrator by the outside agency if the
parties w ere unable to agree on a selection from the lis t submitted:
The selection of an arbitrator shall be made from a panel or panels, not exceeding three, submitted
by the Federal Mediation and Conciliation Service upon request by either the company or the union.
If the company and the union fail to agree on an arbitrator, the selection shall be made by the
Federal Mediation and Conciliation Service.
(HO)
The m o st predom inant type of arrangem ent for outside participation called
for a ssista n ce only in the event the parties were unable to agree on their own.
Either the A A A or the FM CS was the designated agency in nearly all of these
ag reem en ts.
P ro v isio n s for su b m ission of a panel m ore frequently designated
the F M C S; those requesting the agency to appoint the arbitrator specified the
A A A m o re often.
Should the . . . /la b or management grievance com m ittee/ fail to reach agreement on the matter
in dispute . . . they shall select a disinterested third party to act as arbitrator.
In the event the com m ittee fails to agree on an /arbitrator/ . . . the Director of the Federal
Mediation and Conciliation Service shall be called upon to provide a panel of seven experienced
arbitrators . . . and each party shall alternately strike a name from the panel until one remains.
The person whose name remains shall serve as the arbitrator.
(Ill)
In the event the grievance has not been settled in the third step, the matter may then be appealed
to an impartial umpire to be appointed by mutual agreement of the parties hereto.
In the event no agreement on the ch oice of an umpire can be reached, then after a 10-day period,
the Am erican Arbitration Association shall be requested to appoint the umpire.
(112)
40
A few of the agreem en ts specified selection under the A A A p roced u re, if
the parties could not agree on an a rb itra to r.
One of these outlined a unique
method of attempting selectio n before requesting A A A participation.
The union shall submit a list of five names to the company from which the company will endeavor
to make a selection; failing, within 5 days the company shall submit to the union a list of five names
from which the union will endeavor to make a selection; failing, either party may request the
American Arbitration Association to use the procedure then in effect in their department to make a
selection for the arbitration of such case or cases.
(113)
State m ediation agencies or public officials w ere designated in a few other
con tracts.
One of these varied the procedure by requesting the parties to a t
tem pt to se le c t an agency or p erson to appoint the arbitrator if they could not
agree on a choice. If they still could not a g re e , a judge was designated, either
to appoint an arbitrator or to act as one:
If the parties do not agree upon an arbitrator within 5 days after a request for his appointment, the
arbitrator shall be appointed by an agency or person agreeable to the parties at that tim e.
If no
agreement can be reached, an arbitrator shall be appointed by the senior judge of the United States
District Court at Chicago, Illinois, or he may act as such arbitrator.
(114)
P ro v isio n s for outside participation at the tim e arbitration is requested,
without any initial attempt by the parties to se le c t an a rb itra to r, usually followed
the sam e pattern as those d iscu ssed in the preceding paragraphs. In nearly all
c a s e s , the outside agency either was to subm it a panel for selection by the
parties or appoint an arbitrator d irectly:
The arbitrator w ill be selected from the panel submitted by the Am erican Arbitration Association.
(2)
Should the employer and the union be unable to determine the dispute within 24 hours, then and in
that event, either party to said dispute may request the appointment of an arbitrator by the Director
of the Federal Mediation and Conciliation Service, . . . (115)
sjc >;<
A ll disputable controversies between the parties, . . . unless am icably adjusted . . . shall be referred
to an arbitrator to be designated by the New York State Board of Mediation for arbitration. (116)
A few agreem ents specified selection according to A A A ru les:
In each case submitted to arbitration . . . the arbitrator /shall b e / selected as provided in se c
tion 26 . . .
Section 26
. . . arbitration shall be conducted by a single arbitrator who shall be selected . . .
in accordance
with the then current Voluntary Labor Arbitration Rules of the Am erican Arbitration Association . . .
. . . The charging party shall give notice to the /em ployer association/ who shall make application
to the AAA for a panel of available arbitrators from which an arbitrator for the case involved shall
be promptly selected by the parties in the case by the procedures of said association . . . (117)
A few others granted the p arties the option of appointing an arbitrator or
requesting an outside agency to designate one:
. . . the matter in dispute shall be referred to an arbitrator selected by the com m ittee or someone
designated by this com m ittee to make the selection.
(118)
41
Another small group of contracts merely stated that the disputed issue
would be referred to a designated outside agency for arbitration:
If the joint grievance board ,/Tast step o f grievance procedure^ fails to act within 7 days, the matter
shall be referred to the Am erican Arbitration Association, and its decision shall be final and binding
on both parties. A decision must be rendered by the Am erican Arbitration Association within 7 days
after the last hearing. Any expense involved in an arbitration so conducted shall be borne jointly
by the parties. (119)
S e le ctin g an Ad H oc B o a rd o f A r b itr a tio n
P r o v is io n s fo r an ad h o c a rb itra tio n b o a rd w e r e s p e c ifie d in 39 p e r c e n t o f
the 1 ,6 0 9 c o n t r a c t s , c o v e r in g 26 p e r c e n t o f the w o r k e r s .
The m o s t c o m m o n type o f b o a rd w as c o m p o s e d o f an equal n u m ber o f
m a n a gem en t and union r e p r e s e n t a t iv e s , with an im p a rtia l m e m b e r actin g as c h a ir
m an. R e la tiv e ly few c o n tr a c ts s p e c ifie d a b o a rd c o m p o s e d e n tire ly o f n on p artisan
m e m b e r s , that i s , p e r s o n s who w e r e not com p an y o r union o ff i c i a l s . F req u en tly
the b o a rd c o n s is te d o f th re e m e m b e r s . H o w e v e r, a nu m ber o f co n tra cts s p e c i
fie d fiv e o r se v e n m e m b e r s , and a fe w s p e c ifie d m o r e .
P a r tis a n m e m b e r s s e le c t e d by m anagem ent g e n e r a lly w e re re q u ire d to be
o ffic ia ls o r e m p lo y e e s o f the com p a n y . T h ose to be s e le c te d by the union w e re
u su a lly e m p lo y e e union m e m b e r s o r n on em p loy ee union o ff i c i a l s .
The arbitration panel shall be composed of:
(1)
(2)
(3)
One representative of the union, to be a member of the union in the employ of the company
or an international representative;
One representative of the company, to be an executive o f the company; and
An impartial chairman mutually selected. (73)
A n u m ber o f a g re e m e n ts did not r e q u ire union r e p re s e n ta tiv e s to be com pan y
e m p lo y e e s o r union o f f ic ia ls ; r a th e r , the c h o ic e w as le ft to the union.
. . . either party, . • . may refer the matter to a tripartite arbitration panel consisting of one repre
sentative chosen by and from management, one representative chosen by and from the union, and a
third mutually acceptable impartial arbitrator. (4)
❖
*
*
In the event a settlement is not reached . . .
an arbitration com m ittee shall be established . , .
consisting of one representative appointed by the union and one representative appointed by the c o m
pany. The persons so appointed shall, . . . select an impartial person as the third arbitrator. (120)
A c o m m o n p r a c t ic e w h ere a r b itra tio n b o a rd s in clu d ed p a rtisa n m e m b e r s
w as fo r the union and m a n a gem en t r e p re s e n ta tiv e s to attem pt to s e ttle the d i s
puted is s u e b e fo r e ca llin g in an im p a rtia l ch a irm a n to fo r m a trip a rtite b o a rd .
T h u s, the p a rtisa n r e p r e s e n ta tiv e s , in e ffe c t, s e r v e d as g r ie v a n c e n e g o ti
a to r s in an oth er step o f the g r ie v a n c e p r o c e d u r e , a fte r a rb itra tio n had been
re q u e ste d .
Within 7 days from the date the matter has been referred to arbitration three persons shall be selected
by the company and three by the union, who shall promptly meet and endeavor to settle the matter,
and in the event the six so selected cannot agree within 15 days on all matters referred to them,
a wholly disinterested person shall be chosen by them as the seventh member and chairman of the
arbitration board. (121)
42
Included in the 623 contracts providing for an ad hoc board w ere 7 3 which
required selection of a tem porary chairm an for each c a s e , although the partisan
m em b e rs served perm anently.
The perm anent partisan m em b e rs also served
as a joint grievance adjustm ent board; an ad hoc chairm an was appointed only
if the partisan m em b e rs w ere unable to settle the dispute:
The board of arbitration shall consist of the president of the international union or his representative
and the personnel director or his representative. If they are unable to dispose o f the grievance within
3 days then the director of the Federal Mediation and Conciliation Service w ill be asked to designate
an impartial chairman. (66)
sje * *
There is hereby established a joint adjustment board, to be composed of four representatives of the
contractors and four representatives of the union . . . Each of the parties shall, within 10 days after the
execution of this agreement, appoint its representatives and im m ediately notify the other party . . .
The joint adjustment board shall meet and act upon such matters referred to it, . . . but in no
event later than 5 working days after referral . . .
In the event no decision can be reached within
3 working days, or if either party disagrees with the decision made, the joint adjustment board may
within 2 working days, select a ninth person to act as impartial chairman by requesting the FMCS
to furnish the names of five persons qualified to act as impartial chairman . . . (122)
M o st of the contracts provided for selection of the im partial chairm an by
the union and m anagem ent m e m b e r s .
In the event of failure to agree on a
ch oice, usually either party could request an outside agency to appoint an i m
partial chairm an, or to submit a panel of nam es for selection by the p a rties:
. . .
In the event the arbitration board is unable to agree on the selection o f the seventh member
and chairman within 10 days from the date they determine they cannot agree on any matters referred
to them, then either party or both parties may ca ll on the director of the Federal Mediation and
Conciliation Service at Washington, D. C ., for the submission o f a panel to be used for selection and
appointment of the seventh member and chairman of the arbitration board.
(121)
In the event the arbitrators for the company and the union fail to agree on the third arbitrator, the
director of the Federal Mediation and Conciliation Service, upon the written request of either party,
shall select an impartial third arbitrator. (123)
P roced u re for
as in the following:
selection
from
the panel was outlined
in som e con tra cts,
If the union and company representative do not agree on an arbitrator he shall be chosen from a list
of nine arbitrators proposed by the Am erican Arbitration Association.
The union and company are
to alternately strike one name from the list until only one name remains. The right to strike the
first name shall be determined by lot. Final selection shall be made within 30 days. (4)
A variation, found in a few con tra cts, provided for participation by either
one of two designated a g en cies, if the parties could not agree on an im partial
chairm an.
The contracts either specified the A A A and the F M C S , or one of
these and a State m ediation agency. An excerpt fro m one of these clauses follow s:
The company shall choose one arbitrator and the employees shall choose one arbitrator. The two
arbitrators thus chosen shall confer to attempt to settle the disputed issues or in the event they are
unable to do so to select a third arbitrator by mutual agreement who shall act as chairman of the
board.
If the chairman has not been selected within 1 month from the date upon which they first meet
for such purpose, or unless a different tim e interval is agreed to by the two arbitrators, either arbi
trator may request that a list of nine persons to act as chairman be submitted by one of two agencies
(the Federal Mediation and Conciliation Service or the Am erican Arbitration Association). The arbi
trator not requesting submission of a list shall choose between the two above named agencies in the
event the agency is not chosen by mutual agreement. After receipt of such list of nine persons, the
two arbitrators shall meet and the chairman shall be selected from the list by a process of alternate
striking of names, until only one name remains, the first arbitrator to strike a name being deter
mined by lot. (30)
43
A n oth er v a r ia t io n , d e sig n e d to f o r e s t a ll the union o r m an agem en t fr o m
b a r r in g a r b itr a tio n , p e r m itte d eith e r p a rty to re q u e st an ou tsid e a g en cy to d e s ig
nate the o p p osin g p a r t y 1s b o a rd m e m b e r if the appointm ent w as not m a d e within
a s p e c ifie d tim e :
If either party fails to appoint its panel member within 5 days follow ing written notice o f intention
to arbitrate, the opposing party's panel member shall have the right to request the New York State
Board o f Mediation to designate forthwith an impartial chairman.
If either party fails to appoint its panel member within 5 days follow ing written notice o f appointment
o f the opposing panel member, the opposing panel member shall have the right to request the New
York State Board of Mediation to designate forthwith a panel member for the party who failed to
appoint its panel member. This paragraph is for the purpose o f preventing either party from technically
barring arbitration.
In the event the party's representatives on the panel fail to agree within 10 days upon the impartial
chairman, the New York State Board of Mediation, upon the application of either panel member,
shall designate the impartial chairman. (73)
U nder the s m a ll grou p o f a g re e m e n ts w hich p ro v id e d fo r a b o a rd co m p o s e d
e n tir e ly o f n on p a rtisa n m e m b e r s , m a n agem en t and the union each w e re to d e s ig
nate an im p a r tia l a r b itr a to r . A s in the co n tra cts w hich s p e c ifie d p a rtisa n m e m
b e r s , the n on p a rtisa n a r b itr a to r s u su a lly w e r e re q u ire d to s e le c t the im p a rtia l
ch a irm a n . Such b o a r d s g e n e r a lly fu n ction ed as th r e e -m a n b o a rd s:
The complaint shall be referred in writing to a com m ittee o f arbitration which shall consist of three
disinterested parties, one to be selected by the company, one to be selected by the union, and the
third serving as the impartial chairman, to be selected by the two thus selected. (90)
O u tside aid in s e le c t io n o f the im p a rtia l ch a irm a n , without any attem pt at
s e le c t io n by the p a r t ie s , w as p r o v id e d fo r in s o m e o f the 73 co n tra cts w hich
s p e c ifie d p erm a n e n t p a rtisa n m e m b e r s with an ad h o c ch a irm a n , as illu s tra te d
e a r lie r .
A few oth e r co n tr a c ts a ls o p r o v id e d fo r in itia l ou tsid e p a rticip a tio n .
S electin g a P e rm a n e n t A r b itr a to r
The 175 c o n tr a c ts w h ich p r o v id e d f o r a perm a n en t sin g le a r b itr a to r r e p r e
sen ted 11 p e r c e n t o f the 1 ,6 0 9 c o n tr a cts with a r b itr a tio n , and 20 p e r c e n t o f the
w ork ers.
S e le c tio n o f the a r b itr a to r was the r e s p o n s ib ility o f m an agem en t and
the union.
M o st fr e q u e n tly , the a r b itr a to r was nam ed in the co n tra ct:
/n a m e of individual/ attorney, o f Cincinnati, Ohio, is hereby reappointed arbitrator for the life
o f this agreement, to hear and render decisions on all grievances properly appealed or certified
to him . • • (124)
In o t h e r s , p r o v is io n w as m ade fo r s e le c tio n by the p a r tie s at a la ter date:
Within a reasonable tim e of the date hereof the parties shall appoint an umpire to serve for the
duration o f this agreement . . . (125)
O u tside p a r tic ip a tio n
a d e a d lo ck :
in the
s e le c t io n
w as
s o m e tim e s p r o v id e d fo r in event o f
There shall at all times be a contract arbitrator . . . Such arbitrator . . . shall be chosen by the
union and /p ie management association/, or if they are unable to agree, by the then chairman of
the New York State Board o f Mediation, after consultation with the representatives of the parties. (126)
220-616 0
-
66 - 4
44
W h ile m o s t p erm a n en t a r b it r a t o r s w e re appointed fo r the du ration of the
c o n tr a c t, a few s p e c ifie d s h o r te r p e r io d s , and in s o m e in sta n ce s the a r b itr a to r
was su b je ct to re m o v a l by eith e r p a rty , upon p r o p e r n o tifica tio n , as in the
follo w in g :
Immediately after the execution o f this agreement, the parties hereto, shall m eet to select an im
partial chairman who shall serve_to March 31, 1964 /T year? and whose term may be extended
for the duration o f the agreement /2 -y e a r agreem ent/ by mutual consent o f the parties . . . (127)
*
*
*
The parties agree to the selection o f /nam e o f individual? who shall serve as a permanent arbitrator
during the duration o f this agreement, subject, however, to his rem oval by death, resignation, or
his removal by either party.
In the event either party desires to remove the arbitrator, that party
shall notify the other party and the arbitrator, in writing, o f its decision, and such notification shall
constitute removal.
(128)
T o in su re con tin uity in the event an a r b itr a to r was re m o v e d , r e s ig n e d ,
o r w as unable o r unw illing to s e r v e fo r oth er r e a s o n s , a n u m ber o f co n tr a c ts
eith e r d e sig n a te d one o r m o r e a lte rn a te s o r p r o v id e d fo r appointm ent o f another
a r b itr a to r by the p a r tie s :
The arbitrator shall be /nam e o f individual/ or /nam e o f in d ivid u a l or /nam e o f individual/ in the
event /first individual named? is unable to serve within 15 days after a request for arbitration has
been made unless this tim e is extended by mutual agreement o f the parties.
(129)
*
*
*
If in the opinion o f the district director o f the union and the division manager o f industrial relations
a special situation exists which calls for im mediate arbitration and the permanent arbitrator is not
available, they may request the international union and the company to designate another arbitrator
to hear and decide such case in accordance with the provisions o f this agreement.
(130)
O u tside a s s is ta n c e if the p a r tie s co u ld not a g r e e on a s u c c e s s o r a ls o w as
p r o v id e d in a few c o n tr a c ts .
The follow in g c la u s e is ty p ica l o f the p r o c e d u r e
u sed in the a p p a re l in du stry:
The parties hereto designated /nam e o f individual/ as impartial chairman /arbitrator/ to act in
connection with any com plaint, dispute, or grievance arising during the term o f this agreement and
expressly agree that all hearings o f disputes or grievances had before him, or before his successor or
successors as hereinafter set forth, shall be held in the City o f New York.
Should the impartial chairman resign, refuse to act or be incapable o f acting, or should the office
becom e vacant for any reason, the parties hereto shall im m ediately and within 5 days after the
occurrence o f such vacancy designate another person to act as such impartial chairman.
If they fail
to agree, the Mayor o f the City o f New York shall, on application o f either party, summarily make
such appointment.
Each member o f the association and the locals affiliated with the joint board and the workers engaged
in any o f the crafts covered by this agreement hereby assents to the appointment o f the impartial
chairman designated herein and o f his successor, if any, selected in the manner above provided. (131)
A n in te re stin g v a r ia tio n p ro v id e d fo r s e le c tio n o f a new perm a n en t a r b i
tr a to r by the p a r tie s in event o f a v a c a n c y , and, in a d d ition , nam ed fiv e s u b s ti
tute a r b it r a t o r s , one o f th ese to be ch o se n each tim e a rb itra tio n w as re q u e ste d ,
until a new perm a n en t a r b itr a to r was appointed:
In the event the arbitrator is rem oved
w ill endeavor to agree upon a new
arbitrator in this agreement.
Until
arbitration hearing shall be selected
(1)
by death, resignation, or notification o f either party, the parties
permanent arbitrator, as in the case o f the original permanent
a new permanent arbitrator is selected, the arbitrator for each
as follows:1
The following named persons shall constitute the panel o f arbitrators, hereinafter referred to as
the "Panel": /names o f five individuals/.
45
(2)
Within 3 working days from the date o f filing the request for arbitration, the union w ill
notify the company, in writing, of the names o f three members of the panel, one of which
three shall be selected by the company as the arbitrator for the hearing . . .
(3)
Within 3 working days from the receipt o f the above notification, the company w ill notify
the union, in writing, as to which o f the three shall be the arbitrator for the hearing, and
the parties shall then promptly jointly notify the arbitrator thus selected o f his appointment
and shall arrange with him for a prompt hearing.
(4)
Under the procedure outlined in (2) and (3) above, the parties shall alternate each time it
becomes necessary to select an arbitrator.
(128)
Another method used to insure continuity provided for a perm anent panel
of three or m ore a rb itra to rs, named in the con tract, one of which was to be
selected whenever arbitration was requested.
The following outlines the p r o
cedure for selection:
During the life o f this agreement or unless otherwise changed by mutual agreement any o f the following
three persons shall be acceptable to both the corporation and the international union to function as
the impartial umpire /arbitrator/:
/lam es o f three individuals/
Selection o f an umpire w ill be made by mutual agreement from among the above named individuals.
In the event o f failure to make a selection, the corporation and the international union w ill each
strike the name o f one o f the individuals and the remaining individual w ill be automatically selected,
except that if each strikes the name of the same individual the umpire shall automatically be the
one o f the remaining two who is first available.
(132)
Selecting a Perm anent A rbitration Board
The 47 contracts which specified a perm anent arbitration board covered
only 5 percent of the 7. 2 m illion w orkers under the 1 ,6 0 9 con tracts. The union
and m anagem ent m e m b e r s, selected by the p a rtie s, were often m em b ers of a
perm anent bipartisan adjustm ent board; the chairm an acted only if the adju st
ment board could not re so lve the dispute.
The parties hereto hereby create a joint standing com m ittee which shall consist o f two members
designated by the union and two members designated by the /em ployers' association/. Immediately
after the effective date hereof, the parties hereto shall, in writing, designate their respective members
o f the com m ittee and shall have the right, without notice, from time to time to change such desig
nations and/or to designate substitute members.
The joint standing com m ittee shall have full and com plete authority, in accordance with the pro
visions o f this section, and any decision when reduced to writing and subscribed to by a majority
o f the members o f the com m ittee shall be binding upon the parties hereto and shall be enforceable
as an arbitration award in any court o f competent jurisdiction. The joint standing com mittee shall
have no more than 2 weeks after the submission o f any matter to the com m ittee to reach a decision
with respect to the submitted issue and to take action thereon.
In the event that the joint standing com mittee is unable to resolve the issue, or fails to act within
2 weeks after submission, the matter shall then be automatically referred to the appeals board which
shall consist o f the four members o f the joint standing com m ittee and a chairman /permanent chairman7 who shall be selected in accordance with the procedure hereinafter set forth.
(127)
Some of the contracts provided for selection of the im partial chairm an by
the union and m anagem ent m em b ers of the board; others provided for selection
by the parties:
Arbitration shall be by a tripartite panel which shall consist o f one representative of the company
and one representative o f the union who shall attempt to mutually select an impartial chairman.
(133)
>!<
*
sfie
46
Immediately after the execution o f this agreement, the parties hereto shall m eet to select an im
partial chairman . . .
In the event that the parties fail to designate an impartial chairman within
21 days after the signing o f this agreement, the impartial chairman shall be selected from a list
supplied by the Am erican Arbitration Association in accordance with its then controlling rules and
regulations governing such selection*
(127)
P rovision was made for an alternate chairm an in a num ber of the con
tr a c ts, usually following the sam e procedure specified for selection or desig n a
tion of the perm anent chairm an. Outside participation was provided for in som e
contracts if the parties w ere unable to agree on the arbitrator or his alternate.
In addition to the impartial chairman to be designated as provided in section
o f this agreement,
an alternate impartial chairman shall be designated in the same manner /from AAA list if unable
to agree on selection/".
The alternate impartial chairman shall becom e the impartial chairman in
the event that the incumbent impartial chairman is incapacitated or otherwise unable or unwilling
to serve. In the event the alternate impartial chairman so becom es the impartial chairman (except
for a period which the parties mutually declare to be a temporary period, e. g. j hospitalization o f
the incumbent), then the parties at once shall follow the procedures o f section__ to name a new
alternate impartial chairman.
(127)
>\<
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. . . any grievance or question which is arbitrable and which has not been settled shall be sub
mitted . . . to a board o f arbitration . . .
The chairman of each board o f arbitration appointed during the life of this agreement shall be /nam e
o f in d iv id u a l or, if he is unable to serve within a 30-day period notice to him as provided below,
/nam e o f in d ivid u a l . . . (134)
One a g reem en t, which provided for participation by the A m eric a n A r b it r a
tion A sso cia tio n if the parties could not agree on a selectio n , specified a 6-m onth
appointment and shortened this to 4 months if the A A A made the appointment:
In the event the representatives o f the parties are unable to agree upon an impartial chairman, such
impartial chairman shall be selected in accordance with rule IV -12 o f the Voluntary Labor Arbitration
Rules o f the American Arbitration Association. The tripartite panel hereinbefore provided shall con
tinue for a period o f 6 months from the effective date o f this agreement if the impartial chairman
is selected by the parties or 4 months if the impartial chairman is selected by the A A A . . . at the
end o f such 4 - or 6-month period . . . either party w ill have the right to revoke this agreement
by written notice, otherwise said panel shall continue in effect for successive 4 - or 6-months periods
with a right o f revocation by either party at the conclusion of any one, 4- or 6-month period.
(133)
The s h o r t-te r m appointment illu strated above was an exception to
eral practice of appointing the im partial arbitrator for the duration of
tract.
Appointm ent of the union and m anagem ent m em b ers for the
g en erally was exp ressed or im plied, although som e contracts re serv ed
party the right to change its m em b e rs fro m tim e to tim e , as follow s:
the gen
the con
duration
to either
Within 30 days, or such additional time as may be mutually agreed upon, after the signing o f this
agreement . . . , the parties shall establish a board o f arbitration . . . The board shall be composed
o f three members: One to be designated by the company, one to be designated by the union, and
a third member who shall be mutually agreed upon by the parties within said 30-day period and who
shall serve as chairman o f the board for the duration o f this agreement.
The member o f the board designated by the company and the member o f the board designated by
the union shall serve for the duration o f his agreement, subject to the right o f the company to change
from time to time the member it designated and to the right o f the union to change from time to
time the member it designated.
(135)
Only 1 of the 47 contracts provided for a perm anent chairm an with ad hoc
union-m anagem ent m e m b e r s, to be selected each tim e arbitration was requested.
47
S in gle A r b it r a t o r o r B o a r d .
U nder 42 a g r e e m e n ts , the p a rtie s had the
option o f design a tin g eith er a sin g le a r b itr a to r o r a trip a rtite b o a rd . A few o f
th ese a g re e m e n ts a ls o p e r m itte d the p a rtie s to d e te rm in e the ten u re o f a p p oin t
m ent at the tim e o f s e le c tio n .
An arbitrator w ill be selected by the parties for such period o f tim e and upon such financial and
other terms as may be agreed upon.
Provided, however, that by loca l agreement the parties may determine that a grievance or grievances
shall be heard by a board o f arbitration rather than by a single arbitrator.
(24)
*
#
*
Any matter not satisfactorily settled or resolved . . . hereinabove shall be submitted to arbitration
for final determination . . .
The representatives o f the union and the representatives o f the employer shall m eet for the purpose
o f selecting an impartial arbitrator within 10 days following the demand for arbitration . . .
Should either party desire, a board o f arbitration shall be convened in lieu o f a single arbitrator,
consisting o f an equal number o f arbitrators appointed by each party (not to exceed two appointed
by each) and the impartial arbitrator who shall be chairman.
The board shall hear and determine
the matter by majority vote o f the members o f the board.
(79)
*
❖
*
Upon written request for arbitration by either party to the other, each party shall promptly appoint
two members o f the board o f arbitration.
The members so appointed shall forthwith notify the
chairman who shall convene the board o f arbitration within a reasonable time thereafter.
(134)
S p e cia l A r b itr a tio n P r o c e d u r e s
T w e n ty -s ix a g re e m e n ts p r o v id e d fo r sep a ra te a rb itra tio n m a ch in e ry fo r
disp u tes in volv in g te ch n ica l p r o b le m s o r health , w e lfa r e , and p en sion is s u e s . 21
T h e se eith er s p e c ifie d a sin g le a r b itr a to r fo r re g u la r g r ie v a n c e s and a b o a rd
fo r oth er is s u e s , o r r e v e r s e d the p r o c e d u r e .
A n u m ber o f oth ers p ro v id e d
s p e c ia l p r o c e d u r e s fo r a rb itra tin g such d isp u tes. P r o v is io n s fo r th ese s p e c ia l
iz e d c a s e s g e n e r a lly s p e c ifie d that an a r b itr a to r with s p e c ia l training o r e x p e r i
en ce w as to be u se d , o r , in the c a s e o f an a rb itra tio n b o a rd , a s p e c ia lly q u a lifie d
ch a irm a n .
A m on g the te ch n ica l is s u e s cite d fo r s p e c ia l a rb itra tio n w e re in cen tiv e
and p ie c e - r a t e s y s te m s , jo b r a te s , jo b ev alu a tion , p rod u ction sta n d a rd s, and
w o rk a ss ig n m e n ts.
S om e co n tr a c ts did not lis t the is s u e s , m e r e ly sp e cify in g
g r ie v a n c e s in volv in g te ch n ica l p r o b le m s o r th ose re q u irin g s p e c ia liz e d k n ow led ge.
F re q u e n tly , w h ere c o n tr a c ts in clu d ed health, w e lfa r e , and p en sion p la n s,
two types o f s p e c ia l m a c h in e r y w e r e p ro v id e d — one fo r te ch n ica l p r o b le m s and
an oth er f o r d isp u tes in volv in g a d m in istra tion o f the b en efit p la n s.
A few c o n
tra c ts p e r m itte d the p a r tie s eith er to d esig n ate a s p e c ia l a r b itr a to r fo r te ch n ica l
is s u e s o r to e m p lo y an im p a rtia l e x p e rt to a s s is t an a r b itr a to r .
W h ere the
q u estion o f p h y s ic a l d isa b ility was to be r e s o lv e d , p r o v is io n often was m ade
f o r a p h y sicia n , o r a b o a r d c o m p o s e d o f p h y s ic ia n s , to a rb itra te the disp u te.
21
As noted earlier, this analysis does not include plans and procedures set forth in separate documents (i. e.
benefit plan booklets).
These arrangements are illustrated in the following examples:
There shall be three arbitrators, one selected by the union, one selected by the employer, and a
third selected by these two arbitrators. Should the two arbitrators fail to agree upon a third arbitrator
within 10 days after their appointment, then the third arbitrator shall be appointed by the director
of the United States Conciliation Service.
The decision of a majority of the arbitrators shall be
final and binding. . . .
Where the grievance involves problems requiring the specialized knowledge of an industrial engineer
and has been processed under paragraphs__ a n d __ of step 3 o f article __ , then there shall be
a single arbitrator, who must be a qualified industrial engineer.
Such arbitrator shall be selected
by the parties, or, if they fail to agree within 10 days of the date upon which written demand for
arbitration is received, he shall be appointed by the director of the United States Conciliation
Service.
(136)
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In case of all issues submitted to arbitration involving work assignments, piece rates, or other problems
of a technical nature, the third arbitrator, whether appointed by the arbitrators chosen by the employer
and the union respectively or appointed by said director of the Federal Mediation and Conciliation
Service as above provided shall be a person with technical knowledge of the textile industry.
(137)
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If the grievance involves a question of production standards, incentive rates, the operation of any
incentive plan, the duties or wage rate of any job, the arbitrator shall be selected by mutual agree
ment, and if the parties cannot agree upon the selection of an arbitrator within 10 days the arbitrator
w ill be secured from the American Arbitration Association under its rules and regulations.
If the
grievance does not involve any of the foregoing questions it shall be submitted to the Connecticut
State Board of Mediation and Arbitration.
(138)
Within 10 working days after filing of such demand, the union and the company shall jointly select
an impartial arbitrator. If this procedure is not com pleted within said 10 working days, either party
may request the Am erican Arbitration Association or some other mutually agreed upon agent to select
the impartial arbitrator under the mutual assistance method of the Am erican Arbitration Association,
provided that in the event any grievance involving claim ed misapplication of the incentive system,
statistical quality control or similar technical subjects is referred to arbitration, the impartial arbi
trator selected under the requirements hereinbefore outlined shall be an impartial expert on such
technical subjects or shall employ the services and advice of such impartial expert.
There shall be established a board of administration within 30 days after the execution of this agree
ment which shall consist of six members, three to be appointed by the company (hereinafter referred
to as the "company members"), and three, who shall be employees of the company, to be appointed
by the union (hereinafter referred to as the "union members"). It shall be the function of this board
to administer this agreement. . . .
In case of any dispute arising in the course of the board's administration of this agreement which
cannot be settled by a majority vote of the board, the board shall appoint an impartial chairman
whose vote shall settle such dispute and whose decision in such dispute shall be final and binding
upon the company, the union and any em ployee involved. In the event of inability of the members
of the board to agree upon an impartial chairman within a period of 3 days from the date of dispute,
the board shall ask the Am erican Arbitration Association to submit to the board a list of five names.
The company members of the board shall first strike two names from the list and the union members
shall then strike two names, leaving the remaining name as the person to serve as impartial chairman
for that one dispute. . . .
No matter respecting this agreement or any difference arising thereunder except as provided in this
agreement shall be subject to the grievance procedure established in the collective bargaining agree
ment between the company and the union.
(139)
49
If there is any dispute concerning the interpretation or application of any of the provisions of this
agreement, such dispute shall . . . be submitted to arbitration.
The representatives of the company and the union shall meet . . . to select an arbitrator.
If they
are unable to agree within 5 working days . . . , he shall be selected from a list of not less than
five names . . . from the FMCS . . .
Job Evaluation
. . . Such grievances shall be processed under the grievance procedure of this agreement . . . the
arbitrator shall be a qualified authority on job evaluation . . . (140)
A ll arbitrations shall be conducted by, submitted to and decided by a single arbitrator selected by
the parties.
The parties hereto shall forthwith select two permanent arbitrators, one for cases in
volving technical rate-setting questions, and one for all other cases. (141)
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Whenever either party concludes that further step 4 meetings cannot contribute to the settlement of
a grievance, such grievances shall be appealed within 20 days after the date of the last step 4 answer
and an impartial arbitrator shall be appointed by mutual agreement of the parties hereto, or, failing
such agreement, a request shall be initiated by the appealing party to the Am erican Arbitration
Association to assist in the selection of an arbitrator in accordance with their established practice
within 15 days after the appeal, except as otherwise agreed.
Section IV— Administration
The administration of the pension benefits shall be in charge of the company.
Section V— Appeals Procedure
1.
If any difference shall arise between the company and any employee who shall be an applicant
for a pension as to such employee's right to a pension or the amount of his pension and agreement
cannot be reached between the company and a representative of the internation union, such question
shall be referred to an impartial umpire to be selected by the company and by the union.
The
impartial umpire shall have authority only to decide the question pursuant to the provisions of this
agreement applicable to the question but he shall not have authority in any way to alter, add to or
subtract from any of such provisions.
2.
If any difference shall arise between the company and any employee as to whether such employee
is or continues permanently incapacitated within the meaning of section__ paragraph__ , such difference
shall be resolved as follows:
The em ployee shall be examined by a physician appointed for the purpose by the company and by
a physician appointed for the purpose by a duly authorized representative of the international union.
If they shall disagree concerning whether the em ployee is permanently incapacitated, that question
shall b e su b m itte d to a third physician selected by such two physicians. The m edical opinion of the
third physician, after examination of the employee and consultation with the other two physicians,
shall decide such question. The fees and expenses of the third physician shall be shared equally by
the company and the union. (142)
Som e contracts did not require a specia l a rb itra to r, but provided for the
em ploym ent of technical or m ed ical experts to a s s is t the arbitrator when needed,
as in the following:
When an arbitrator is requested to consider a case within one of the above exclusions /production
standards-safety and healtK/J it is understood that he may need to call on expert or technical witnesses
to assist him.
The company and the union agree to share equally the expenses of such experts as
the arbitrator considers necessary to a fair and equitable decision.
(143)
Said commission /tripartite arbitration board/ shall further have the power, duty and authority to:
Engage or secure auxiliary experts for advice or research, subject to prior concurrence in and approval
of any expenditure in excess of $500 for such purposes by both the union and the company repre
sentatives . . . (144)
50
A ll controversies that may arise in the tannery which cannot be satisfactorily adjusted between the
parties shall be referred to arbitration at the request o f either the union or the employer . . .
The impartial arbitrator shall hold hearings upon the issue, make such investigations, hire such tech
nical experts as he shall deem necessary, and render his decision in writing which shall be final
and conclusively binding upon the parties thereto . . .
The expense and charges o f the impartial chairman and technical experts shall be shared equally by
the parties.
(145)
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In any case appealed to the appeal board involving a continuing refusal o f management to return an
employee to work from sick leave o f absence which has continued for 26 weeks or longer, if the
em ployee's personal physician has found, contrary to findings o f a physician or physicians acting for
the corporation, that the em ployee is able to do a job to which his seniority entitles him; the im
partial chairman may, if he deems it advisable, obtain the services o f a competent physician or
specialist in deciding a case referred to him under this section.
(146)
M ost of the contracts which provided special p rocedures w ere in the durable
goods m anufacturing ind u stries.
Q ualification of A rb itra to rs
Except in contracts which provided for special arb itra to rs for certain i s
su e s, eligibility requirem ents for a rb itra to rs w ere not often specified .
Q u a li
fications im posed for arbitrators of regular grievan ces usually w ere designed
to prevent selection of an individual whose neutrality was in doubt.
The m o st
com m on requirem ent prohibited selection of an arbitrator who was affiliated in
any way with the com pany, a sso cia tio n , or union; a few sp ecifica lly excluded
stockh old ers. A few contracts required residence within the State, while others
prohibited appointment of anyone residing or in business within a certain radius
of the com pan y's plant.
Such neutral arbitrator shall not be a stockholder, officer, em ployee, or agent o f the division, nor
connected with the union in any manner.
(147)
*
*
*
As soon as the issues for arbitration are formed, as above set forth, the company and the union shall
endeavor to agree upon and select an impartial umpire. If the company and the union shall fail to
agree upon and select an impartial umpire within 2 days after the issues for arbitration are formed,
they shall mutually request the director o f the Federal Mediation and Conciliation Service to name
five persons, who shall be residents o f the State o f Georgia, and who
shallnot be affiliated with
either the company or the union, . . . to serve as impartial umpire. Theunion shall strike two
o f the persons so named, and the company shall strike two o f the persons so named, and the fifth
or remaining person so named shall be the impartial umpire.
(148)
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. . . However, no person whose residence or place o f business is within a 100-m ile radius of
Huntington, W. Va. , shall be appointed the third arbitrator.
(149)
A few contracts banned public o fficia ls or State and F ed eral em p loy ees.
No person holding an elective or appointive public office shall be eligible to serve as an arbi
trator.
(150)
'p
. . . they shall mutually request the director o f the Federal Mediation and Conciliation Service to
name five persons, who shall not be . . . employees in any State or Federal agency . . . (148)
51
A precautionary m e a su re , illu strated in the following excerpt, required the
prosp ective arbitrator to d isc lo se any circu m sta n ces which might disqualify him:
At the time o f receiving his notice o f appointment, the prospective arbitrator shall disclose any
circumstances likely to create a presumption o f bias, or which he believes might disqualify him as
an impartial arbitrator, or cause either party to object to him acting as an arbitrator.
(151)
A few contracts required that the arbitrator be "p r o fe s s io n a lly q u a lifie d :"
The arbitrator appointed by the Federal Mediation and Concilication Service shall be professionally
qualified to arbitrate each type o f grievance.
(152)
Some of these qualifications were included in contracts which provided for
direct selection by the p a rties; others were specified when provision was made
for outside participation if the parties could not agree on the selection .
Although gen era lly no restrictio n s were placed on the union or m an age
ment in the selection of their re p re se n tativ es, a few con tracts, as noted e a r lie r ,
called fo r appointment of im partial represen tatives by each party (see page 4 3 ,
clause 90).
One contract sp ecifica lly banned appointment of legal a d v ise rs of
either party:
The union and the company . . . shall each designate one arbitrator . . . and the two so designated
shall . . . select a third who shall act as chairman . . .
No lawyer or legal adviser o f either party shall be designated by either party as an arbitrator under
this section.
(153)
T im e L im its on Selection of A rb itra to rs *1
M o st contracts set tim e lim its on the selection of the a rb itra to rs.
If the
parties w ere not able to agree on a choice within the specified tim e, the con
tracts usually provided for outside participation.
Under A A A r u le s, 7 days are
allowed for appointment of the arbitrator if no period of tim e is specified by
the p a rties.
The FM CS allow s 15 days after m ailing a panel to the p a rties.
Under th ese, ru le s, the agency is authorized to make the appointment if either
party fails to do so within the allotted tim e.
F o r selection of a single ad hoc a rb itra to r, tim e lim its specified in the
contracts gen erally ranged from 3 to 10 days after r e fe r r a l to arbitration, with
1 week m o st often specified .
If within 1 week after a request for arbitration shall have been sent by one party to the other, the
parties are unable to agree upon a single arbitrator, then an arbitrator shall be appointed by the Dean
o f the Yale Law School.
(154)
T im e lim its were n e c e ssa rily longer where an ad hoc board was involved,
frequently ranging fro m 20 to 30 days for the selection of all m e m b e rs . U sually,
separate tim e lim its w ere set for selection of the union and m anagem ent r e p r e
sentatives and for the im partial chairm an, as in the follow ing:
(a) Within 15 days from the meeting at which the controversy has failed to be satisfactorily ad
justed, the party choosing to arbitrate shall give written notice to the other party setting forth specif
ica lly the nature o f the dispute to be arbitrated and designating one arbitrator selected by it.
(b) Within 5 working days from receipt o f such notice the other party shall notify the first party o f
the arbitrator selected by it and shall also serve on the first party its statement o f the matters to
be arbitrated.
(c) Within 10 working days after the selection of the second arbitrator, the two arbitrators shall
select a third, who shall act as chairman. If they are unable to agree on a third arbitrator within
said 10 working days, the parties shall jointly request the FMCS to submit a list o f nine nom
inees . . . the parties shall alternately cross o ff the name o f a nominee and the last name on the
list shall be the impartial arbitrator.
(81)
52
W here the union and m anagem ent m em b e rs w ere required to attempt to
settle the grievance before selection of an im partial chairm an, a tim e lim it on
this phase of the procedure in creased the tim e perm itted for selection after the
initial request for arbitration.
Within 10 days after the receipt of such notice, each party shall select an arbitrator and notify the
other party of his name. The two arbitrators so selected shall meet as soon thereafter as is practicable,
but in no event later than 5 days after the expiration of the 10-day period mentioned, to attempt
to reach a mutually satisfactory adjustment. Upon failure to do so within 5 days thereafter, the two
parties so selected shall select a third arbitrator and agree upon the general method of conducting
the arbitration hearing. If the arbitrators are unable to agree upon the third arbitrator within 7 days,
exclusive of Saturdays, Sundays, and holidays, the third arbitrator shall be selected under the rules
o f the American Arbitration Association. (99)
In som e of the 73 contracts which specified an ad hoc chairm an with p e r m a
nent la bor-m an agem en t rep re se n ta tiv es, tim e lim its w ere set for selection of
all m e m b e rs; in o th ers, o ffic ers of the union and of the company were designated
as m em b ers in the contract (see clau ses 66 and 122, page 42).
In perm anent arbitration arra n gem en ts, if the arbitrator or im partial c h a ir
man of the board was not named in the contract, the m axim um time for s e le c
tion, or for r e fe rra l to an outside agency for a ssista n ce in selectio n , usually
ranged from 10 to 30 days after the effective date of the contract, with 30 days
m o st frequently specified (see clau ses 127 and 135, page 46).
If alternates or su c c e s s o r s to the im partial chairm en were not designated
in the contract, tim e lim its were so m etim es stipulated for selection or re fe rra l
to an outside agency.
Tim e lim its ranged fro m 5 to 30 days.
The impartial /_arbitrator/ shall be ^name of individual/, who shall serve for the life of this agree
ment, . . .
If the said /nam e of in dividu ^7 shall resign or for any reason becom e incapable of
acting, the parties hereto shall agree upon a substitute . . . If the parties hereto cannot agree within
10 days of the creation of the vacancy upon a new impartial /arbitrator/, then such substitute shall
be appointed by the ^/FMCS/. (155)
In the event of the resignation, incapacity or death of the chairman, or at the conclusion of his
term of o ffice hereinbefore specified, the parties shall, within 30 days, or such additional time as
may be agreed upon, after such event, name a successor through mutual agreement.
(135)
Many of the contracts specified that tim e lim its for appointment of an
a rb itra to r, im partial chairm an, alternate, or su c c e sso r could be extended by
mutual agreem en t.
A few contracts m e r e ly called for selection within a " r e a
sonable tim e. "
Cost of Arbitration
P ro v isio n s for apportioning arbitration costs were included in 360 of the
416 contracts exam ined in detail.
In all but 10 of these con tracts, the e m
ployer and the union agreed to share equally the cost (fees and expenses) of
the arbitrator or of the im partial chairm an of a tripartite board.
W here a r b i
tration boards were involved, the contracts gen erally stipulated that each party
would bear the expenses of its appointed m em b e r; in o th ers, this was im plied.
The fees and expenses of the arbitrator /single arbitrator/ shall be borne equally by the parties to
this agreement. (156)
53
. . . In case a board of arbitration is established . . . each party shall be responsible for the costs
and expenses of its appointed member . . . and share equally in the expenses and fees of the chair
man of the board of arbitration. (157)
The costs of arbitration, exclusive of the parties' representatives, shall be borne equally by the
company and the union. (17)
The New York City Transit Authority's contract with the Transport W orkers
Union modified its provision for equal sharing of the permanent a rbitra to r’ s cost
by requiring any individual employee who appealed to the arbitrator to pay $10
for each appeal (a nominal payment considering the costs of arbitration).
This
sum was to be deducted from the union’ s share of arbitration costs:
The impartial arbitrator /permanent arbitrator/ shall be paid reasonable compensation for his services.
One-half of such compensation shall be paid by the authority. The other one-half shall be paid by
the union, less the sum of $10 for each grievance appeal to the impartial arbitrator by an individual
em ployee, which sum shall be paid by the individual em ployee.
(158)
A few contracts with provision for arbitration boards m e r e ly stated that
the "ex pen se of arbitration" was to be shared equally. It was not clear whether,
in addition to sharing the expense of the chairman, the union and management
were to share equally the expense of both partisan m e m b e r s , or each party
was to pay for its m e m b e r ’ s expense.
The following is an example:
The expense o f
ment.
(159)
arbitration /arbitration board/ shall be shared equally by the parties to the agree
Only 7 of the 360 contracts required the losing party to pay the cost of
the arbitrator or im partial chairman.
The contracts either defined the a r b i
t r a t o r ’ s c osts to include his fees and expenses or m e r e ly refe rre d to a r b i
tration cost or expenses.
A few stipulated that each party was responsible for
the expense of its representatives on an arbitration board.
Each party shall bear the expense of its own representative on the arbitration board, and the loser
shall pay the fees of the impartial chairman and the costs of preparing the transcript. (160)
The administration fee /A A A / and cost of arbitration shall be borne by the losing party . . .
(86)
s[c
The expenses of the impartial arbitrator, if any, shall be assessed by said arbitrator in his award and
paid by the losing party. (161)
One of the contracts required the arbitrator to stipulate the l o s e r , and
two included this requirement if there was a question as to which party had
lost the case.
The arbitrator,
in making the award, shall stipulate which party is the loser.
>]z
(86)
>\z
The cost of the expenses of the American Arbitration Association proceedings, including the com pen
sation paid the chairman of the arbitration board, shall be paid by the party losing the case. If the
decision is not clear-cu t as to which party won or lost said case, the chairman of the arbitration
board shall decide which party shall be assessed the cost.
(162)
The costs of arbitration, which shall include the fees and expenses of the arbitrator and an original
of the transcript of the hearing if requested by the arbitrator, shall be borne by the parties whose
principle contention was rejected by the arbitrator, except, however, that each party shall pay for
the fees of its own representatives and witnesses for time lost. Any dispute as to whose principle
contention was rejected shall be determined by the arbitrator. (69)
54
A variation in one contract permitted the arbitrator to apportion the cost.
Another required each party to share the cost in event of a c o m p r o m ise .
The expense incident to such arbitration shall be borne by the party, the company or the union,
which loses the arbitration; provided, however, that the arbitrator may, in a given case, apportion
the expense incident thereto between the company and the union as he may deem just and proper
in all the circumstances. (163)
*
*
*
A ll expenses attendant upon the settlement of any appeal or hearing before the com m ittee or arbitrator
shall be borne by the party losing the appeal, or, in case of a compromise being reached, each
party to the controversy shall bear half of the cost.
(64)
One contract left the m atter of allocation of expenses to the determination
of the arbitrator.
Any expense incidental to the arbiter shall be assessed by him against either party as determined by
the arbiter. (164)
The two remaining contracts provided for negotiation of cost apportionment.
In gen eral, the contracts referred to the a rb itra to r’ s fee and exp en ses,
but did not define the expenses which the parties were to pay. Where contracts
provided for a ssistance of the A A A or the F M C S , the rules of these agencies
were applicable.
In addition, a number of contracts specifically p r esc rib e d
arbitration under these rules.
The A A A rules for arbitration include a list of specific expenses and the
method of allocation.
The FMCS also p r e s c r ib e s a method of allocating s p e
cific expenses, but perm its the parties to make other arrangem ents. 22
Clauses which did not define costs and expenses typically read as follows:
The fees and expenses of the impartial chairman shall be shared equally by the company and the
union. (73)
The salary and expenses of the third arbitrator,
equally. (162)
'!<
and the incidental expenses, s h a l l
*
The arbitrator’ s fees and expenses shall be shared equally . . .
It is likely that the intent of these
penses arising out of the case.
be shared
clauses
(94)
is to encompass all types of e x
O cca sio n a lly , however, travel expenses of the arbitrator and other related
it e m s , such as transcripts and r e c o r d s , were cited.
. . . His ^arbitrator/ fees and expenses shall be paid one-half by the company and one-half by the
union and the expense of a copy of a stenographic record of the arbitration proceedings for the arbi
trator shall be borne equally . . .
if the arbitrator desires such copy. (165)
❖
*
*
The agreed compensation and necessary traveling expense of the arbitrator and the other expenses
incident to the hearings or meetings involved in the case shall be borne equally . . .
(76)
22
Op. cit., footnote 20.
55
In contrast to these pr o v isio n s, the contract covering s e v e ra l d r e ss m anu
fa c tu r e r ’ s associations in the Greater New York A r e a , which provided for annual
payments by the union and the associations to finance the permanent impartial
m ach in ery, was m o r e sp e cific, as illustrated in the following excerpt:
The parties hereto have determined that the sum of $150,000 per year is necessary to maintain the
o ffice of the impartial chairman and administrator, and to make it possible for them and each of
them to lease necessary space, to acquire necessary equipment and supplies and to employ the n ec
essary numbers of persons required for the speedy and efficient administration of their duties under
the terms of this agreement. It is hereby agreed that the union shall pay towards that amount the
sum of $30,000 per year, and that the United Better Dress Manufacturers' Association, In c ., shall
pay towards that amount the sum of $19,000 per year, and the United Popular Dress Manufacturers'
Association, In c., shall pay towards that amount the sum of $16, 500 per year, and that The Popular
Priced Dress Manufacturers' Group, In c ., and the National Dress Manufacturers' Association, I n c ., shall
collectively pay the sum of $84,500 per year. (166)
The U. S. Steelworkers contract did not stipulate the amount allowed for
operating expenses of its board of arbitration, but stated that the budget would
have to be approved by the company and the union.
The board / o f arbitration/ shall have the authority to maintain suitable offices which shall be located
in . . . , and to employ the services of necessary personnel to meet its requirements. A ll expenses
of the board and the compensation of the chairman of the board shall be shared equally by the co m
pany and the union. The board shall operate within a budget which must have the approval of the
company and the union.
(11)
Expenses incurred by the company or the union were generally to be paid
by the party incurring the expense.
M ost clauses were not specific as to what
the expenses involved:
The agreed . . . expense of the arbitrator . . . shall be borne equally by the company and the
union, but this shall not include expenses contracted by either of the parties in the preparation and
presentation of the case.
(76)
A few, however, cited such item s as attorney’ s f e e s , witnesses called by either
party, repo rts, and stenographic transcripts requested by either of the parties.
The fee and expenses of Am erican Arbitration Association shall be borne equally between the co m
pany and the union.
It is understood and agreed that if either party uses the services of an attorney, the expenses incurred
w ill be borne by the party requesting such services.
Expenses of witnesses for either side shall be borne by the parties producing such witnesses.
Total cost of stenographers' records which may be made and transcripts thereof shall be paid by the
parties ordering same.
(167)
+
>
*
+
-r
^
" t'
Each of the parties to this agreement shall pay for the time and expenses of its respective arbiter,
representatives or witnesses through all stages of arbitration procedure. The parties shall contribute
equally to the fee and expenses, if any, of the third arbiter, provided that any fee or expenses of
the third arbiter shall be decided upon in advance of the arbitration hearing, and transmitted to the
loca l secretary of the Am erican Arbitration Association for disbursement to the third arbiter. (168)
>!<
'!<
#
If an em ployee or other witness is called by the company, the company w ill reimburse him for time
lost.
If an em ployee or other witness is called by the union, the union w ill reimburse him for
tim e lost.
(39)
* *
>\<
The fee o f the arbitrator and the necessary expenses (exclusive of any payments to witnesses) of an
arbitration proceedings shall be borne equally between the company and the association, except that
each party shall pay the fees of its own counsel or representative.
If an employee or other witness is called by the company, the company w ill reimburse him for time
lost; if an em ployee or other witness is called by the association, this association w ill reimburse him
for time lost.
(169)
56
A limited number of contracts specifically stated that time spent by union
representatives, and occasionally by w itn e sses, in arbitration proceedings dur
ing working hours would be paid for by the em ployer.
A few of these placed
a limit on the number of employees to be paid.
The fees and expenses o f the impartial chairman shall be shared equally by the company and the
union.
The chairman o f the shop com mittee and the president, or duly designated representative
o f the union, shall be paid for time spent in arbitration if it occurs during their regular working
hours. In addition the company shall pay for time lost from regular working hours o f one additional
employee if required as a witness in arbitration.
In the case o f disciplinary action grievances two
employees may be paid for time lost from regular working hours if required as witnesses. In no case
shall the number o f employees paid by the company exceed four.
(73)
Each party agrees to be individually responsible for the payment o f its own arbitration representative.
They shall agree to the salary and expenses o f the third arbitrator and any other expenses incidental
to arbitration.
The salary and expenses o f the third arbitrator, and the incidental expenses shall be
shared equally.
Payment for other arbitration costs shall be handled as follows:
(a)
Company w ill pay lost time of union’ s grievance com m ittee.
(b)
Union w ill pay lost time o f witnesses called by the union.
(c)
Company w ill pay employees in the department directly affected by (a) or (b) above.
(170)
The aggrieved e m p lo y e e ’ s time lost while appearing at hearings was to be
paid for jointly by the company and the union under the term s of a few contracts:
Each party shall pay on e-h alf o f the aggrieved employee's time lost from work for appearance at
the arbitration proceedings.
(171)
C on versely, another contract stipulated that em ployees representing the union in
arbitration proceedings would not be paid for time lost: 23
No employee shall be paid for time lost, while acting as a representative o f the brotherhood during
arbitration proceedings.
(172)
Exceptions to the allocation of costs were found in se ve ra l contracts. The
B. F. Goodrich-United Rubber W o rke rs contract, in addition to a standard clause
for sharing of c o st s, made provision for company payment of arbitration costs
and reim b ursem en t to the union if the company initiated arbitration of a con
tr o v e r sy involving a m ajority of the employees:
Controversies may arise o f a nature so general as directly to affect all or a majority o f the employees
o f a division or plant . . .
In the event the company appeals a grievance to arbitration, the company will pay the entire arbi
trator's fees together with his expenses incident to the particular problem presented to him.
In
addition, the company will reimburse the union, up to one thousand dollars ($1,000) for each case
the company appeals to arbitration, for necessary expenses incurred by the union in connection with
such arbitration proceedings.
(157)
Clauses in three other contracts appear to be designed to prevent e x c e s
sive arbitration c o sts.
One clause granted the arbitration board authority to
a s s e s s the costs to the party which presented trivial or undeserved complaints.
23
See Collective Bargaining Clauses:
Company Pay for Time Spent on Union Business (BLS Bulletin 1266, 1959).
57
Another clause, which permitted m ore than one issue to be submitted at one
tim e, granted either party the right to request separate arbitration by different
a rbitra to rs, provided the requesting party paid any additional costs incurred.
The third contract, which provided for informal arbitration of specified issues
and form al hearings for any others, permitted either party to demand a form al
hearing for any of the specified issu e s.
However, if the requesting party lost
the case it was required to pay all fees and expenses.
To deter the union and the employer from referring to the joint conference com m ittee trivial com
plaints or presenting grievance without just cause, the joint conference com mittee or the arbitration
board may, in its discretion, assess the cost o f any case against the party presenting such trival or
undeserved case or cases for trial, otherwise the cost shall be divided equally between the two
parties.
(173)
In the event that more than one issue is submitted to arbitration at one time, either party shall
have the right to insist that the issues be arbitrated separately and by different arbitrators. The party
requesting separate arbitrations in such case shall pay the additional administrative charges o f the
American Arbitration Associations arising from separate arbitration proceedings, and if the hearings
in any separate arbitration proceeding are of short duration so that the fees o f the arbitrators are
greater than such fees would have been in a single arbitration determining in one proceeding all
matters originally submitted together, the party requesting separate arbitrations shall pay such ex
cess fees.
(174)
The arbitration o f all disputes relating to the discipline, discharge, suspension, layoff or downgrading
o f an individual em ployee, disputes relating to bulletin boards and rights of access, and disputes
alleging monetary claim o f an individual employee against the company, except in cases involving
promotion and transfer, shall be an informal hearing, unless either party within 5 days after the
complainant elects to take the dispute to arbitration, demands a formal hearing.
In such event the
party so demanding a formal hearing shall pay the entire fees and expenses of the arbitrator if the
arbitrator's decision is in favor of the other party.
(44)
M ost of the contracts did not stipulate the a r b itra to r’ s fee, nor indicate
how the fee would be determined.
However, where contracts provided for a r
bitration with the assistance of, or under the rules of, the A A A or the F M CS,
it may be assum ed that the rules of these organizations regarding arbitration
fees were followed. The FMCS permitted its nominees or appointees to charge
a m axim um of $ 150 per day.
The A A A rules do not prescribe a minimum or
m axim um fee, but the procedures are such that the parties are notified of the
fee set by the arbitrator when the list of names is furnished.
The few contracts which indicated the
m a xim u m amount, as in the following:
a r b itra to r’ s fee usually specified a
The fee o f the arbitrator and his expenses shall be borne equally by the parties and the fee shall
be borne equally by the parties and the fee shall not exceed $100 per day.
(136)
Some agreem ents either stated or implied that the
so m etim e s expenses, were to be mutually agreed upon:
a rb itra to r's fee,
The fees and expenses of the impartial umpire shall be paid by the company and the union in equal
parts, and shall be agreed upon in advance of the arbitration.
(148)
The agreed compensation and necessary traveling expense o f the arbitrator and the other expenses
incidental to the hearings or meetings involved in the case shall be borne equally by the company
and the union, but this shall not include expenses contracted by either o f the parties in the prepara
tion and presentation o f its case.
(76)
'!<
and
58
Each party shall bear the expense of presenting its own case.
The cost of the arbitrator and of
incidental expenses mutually agreed to in advance shall be borne equally by the parties.
(2)
One contract also provided that, if the parties failed to agree on the a r
bitration expenses, the union would be free to strike or take other action:
The expenses for the arbitrator shall be paid by the parties hereto in such manner as the parties
agree. In the event they fail to agree, or the association fails to make the agreed upon payment,
the union may strike or take such action as it deems appropriate, irrespective of any other provisions
of the agreement.
(175)
Another contract required the parties to share equally payment of $ 200 to
a judge for appointing an arbitrator, if they were unable to select one.
In the event the parties are unable to agree upon an arbitrator . . . the unions shall mail a copy
of the grievance . . . to the Common Pleas Judge . . . with a request that such judge appoint
an arbitrator . . .
Within 10 calendar days from the date of receipt of the copy of the com pany’ s last disposition of
the grievance, the judge shall appoint an arbitrator and shall advise the parties in writing of his
appointment. The parties shall share equally the payment of a fee of $200 to the judge for his
services as heretofore outlined.
(165)
Chapter V. Procedural Rules and Regulations
P rovisions relating to rules governing arbitration procedures were included
in 1 out of every 3 of the 416 contracts analyzed in detail. In over half of these
contracts, the rules were outlined in the contract, in som e in considerable d e
tail. M o st of the remainder stipulated that A A A r u l e s 24 would govern the con
duct of the arbitration. A few specified State r u l e s , 25 or provided that the a r b i
trator or tripartite board establish the rules.
Agree
ments
Workers
(in thousands)
Number stu died-----------------------------------
416
2,600. 1
Procedural rules established ------------In the agreem ent---------------------------By the arbitrators) -----------------------AAA ru les-------------------------------------AAA rules, except in case o f con
flict, contract provisions apply---State rules -------------------------------------
141
77
13
44
1 ,2 3 6 .6
768. 2
206. 4
221.3
3
4
8. 8
32 .0
NOTE: Because o f rounding, sums of individual items may not
equal totals.
Although approximately two-thirds of the 416 contracts were silent r e
garding procedural ru les, it may be assu m e d that in m ost instances such rules
would be established in one of two ways. Either the arbitrator (or board) would
establish n e c e s s a r y procedures for the orderly conduct of arbitration, or, where
an outside agency participated in selection of the a rbitrator, the participating
a g en cy ’ s rules would apply.
Some of the contracts which specified use of A A A rules provided for s e
lection of the arbitrator by the parties th em se lv e s.
Others either provided for
selection by the A A A initially, or only in event the parties could not agree on
a choice.
It was not always clearly indicated whether A A A rules were to be
followed if the parties selected an arbitrator without a ssista nce from the agency.
The arbitration shall be held under the voluntary labor arbitration rules then obtaining of the American
Arbitration Association and the parties agree to abide by any award rendered any such board of
arbitration, . . . (176)
>i<
*
?:<
Any grievance subject to arbitration under this contract shall be submitted to arbitration under and
pursuant to the existing voluntary labor arbitration rules of the American Arbitration Association. (1 77)
*
*
>!<
24 See appendix B.
25 General arbitration statutes have been enacted in all but four States, through 1965.
Some of these specifi
cally include labor arbitration; others do not expressly do so, and five specifically exclude labor arbitration from
coverage.
These laws vary considerably from minimal requirements providing that the arbitrator be sworn in, that
the award be in writing and rendered within a specified tim e, to much more extensive regulations, including the arbi
trator's power to take depositions and issue subpoenas, and the method o f selecting the arbitrator.
220-616 0
-
66-5
59
60
The parties
days, either
selection o f
arbitration.
may mutually agree upon an arbitrator, but if they are unable to do so within 5
party shall request the Am erican Arbitration Association to invoke its procedure for the
an arbitrator to conduct the arbitration in accordance with its rules on voluntary labor
(178)
A few o f the c o n tr a c ts w a ived any A A A ru le s w hich m igh t be in c o n flic t
with the p r o v is io n s o f the co n tra ct:
In case o f any con flict between said /AAA7 rules and the provision of this contract, the provisions of
this contract shall govern. (177)
The FM CS did not set p r o c e d u r a l ru le s fo r the con d u ct o f the h e a rin g , oth er than
req u irin g that the aw ard be m ade w ithin 30 days fr o m c lo s in g o f the h e a rin g s o r
r e c e ip t o f p o s t-h e a r in g b r i e f s , e tc. , and that s e le c tio n fr o m the panel be m ade
w ithin 15 d a y s, u n le ss o th e r w ise a g r e e d to by the p a r tie s .
R a th er, the duties
and r e s p o n s ib ilit ie s o f the a r b itr a to r w e re ou tlin ed in the S e r v i c e ’ s p u blish ed
p o l i c ie s , r e p r o d u c e d in appendix B.
The few c o n tr a c ts
eith e r e x p lic it ly stated
s u b je c t to State la w , o r
pute to a State b o a rd ,
w h ich in d ica ted that State a rb itra tio n law s w e re a p p lica b le
that State law s w ould g o v e rn , o r that the p r o v is io n s w e re
im p lie d this fa c t by p rov id in g fo r s u b m is s io n o f the d i s
w ithout stipulating any ru le s o f p r o c e d u r e :
Such arbitration shall be conducted in the State in which the grievance arises and be governed by
the laws of that State.
In event the company and union are unable to agree upon a city in that
State, then such arbitration shall be held in the city which is the capital of such State.
(179)
*
#
*
The arbitration provisions contained in this agreement are subject to the provisions of New Hampshire
Revised Statutes annotated 1955, chapter 542, section 1. (180)
*
*
*
Any dispute or controversy arising during the life o f this agreement, which cannot be settled to the
mutual satisfaction of both parties, shall be submitted for arbitration to the State Board of Arbitration
and Conciliation of Massachusetts . . .
(8)
A few c o n tr a c ts w h ich r e f e r r e d to State la w s, as w ell as so m e w hich did
not o th e r w ise r e fe r to State la w s, w a iv ed the r e q u ir e d a r b it r a t o r ’ s oath:
In the event that they ^grievance representative's/ shall fail to adjust any such matter, it shall be
submitted to arbitration pursuant to the laws o f the State o f New York before the impartial chairman
hereinafter named . . .
The taking of the oath by the arbitrator pursuant to section 1455 o f the C ivil Practice A ct of the
State o f New York is hereby expressly waived.
(181)
>;< *
*
The oath of the arbitrator, required by law, is hereby expressly waived.
#
*
(182)
*
The parties agree that the oath of the arbitrator is waived and consent that he may proceed with
the hearing on this submission.
(183)
Som e o f the 13 c o n tr a c ts w h ich in d ica ted that setting p r o c e d u r a l ru les was
the r e s p o n s ib ilit y o f the a r b it r a t o r o r trip a rtite b o a rd e x p lic itly stated this c o n
dition; o th e rs m e r e ly r e f e r r e d to r u le s set by the a r b itr a to r o r b o a rd .
In clu ded
in som e o f th e se p r o v is io n s w e r e r e q u ire m e n ts fo r a unanim ous d eterm in a tion
61
by the board, for rules not in conflict with the contract,
to those of the A A A .
and for rules
The ^arbitration/ board may by unanimous vote make such rules and regulations for the conduct
its business as do not conflict with these provisions.
(184)
sim ilar
of
The procedure o f the arbitration hearing shall be determined by the board provided, however, that
the parties agree to recommend to the board that it use applicable rules of procedure such as those
o f the American Arbitration Association to govern the proceeding.
(185)
The arbitration proceedings shall be conducted as speedily as possible, in accordance with the rules
set by the arbitrator . . . (186)
After appointment or designation o f the umpire /permanent arbitrator/ a representative of the company
and a representative o f the union shall meet with the umpire to determine . . . procedural rules
to govern cases arising hereunder . . .
The umpire shall consult with the company and the union with respect to any additional rules and
regulations required to govern the procedure and administration of the umpire.
(125)
Specific Procedural Rules
The following sections discuss procedural rules outlined in the contracts.
Frequently, m o re than one rule was included in a contract.
Formulation and Submission of I s s u e s .
Rules governing formulation and
submission of the issues in dispute were included in 50 of the 416 contracts.
Provisions in nearly all of these 50 contracts required the parties, either se p a
rately or jointly, to submit written statements defining the disputed issu e s. Some
clauses specified in detail other information required, such as the original g r i e v
ance, whether the grievance procedure was exhausted, the applicable agreement
c la u se s, the position of the parties, and supporting arguments.
Submission of separate statements fro m each party was required in 20 of the
50 contracts. Determination of the issue by the arbitrator was implied in these
c la u se s. Some m e r e ly required each party to set forth its position prior to the
hearing, usually with provision for submittal of additional statements during
the hearing:
The complaint shall be referred in writing to a com mittee o f arbitration . . . Each party shall set
forth in writing its position on any matter o f arbitration and submit it to the chairman prior to the
hearing; provided, however, that either party may submit further statements and information during
the hearing. The com m ittee of arbitration shall promptly hear the matter and shall, within 30 con
secutive days from the appointment o f the impartial chairman render its decision, . . . (90)
Other clauses in this group were m o re detailed, specifying the in form a
tion required in each party's brief, including, in som e instances, a time limit
for subm ission.
The following excerpt fro m the General M o t o r s - U A W contract
illustrates this type of provision:
After a case has been appealed to the umpire by either the union or the corporation, the briefs of
both parties shall be filed with the umpire within 21 days from the date o f the receipt o f "Notice
o f Appeal" . . .
All cases shall be presented to the umpire in the form of a written brief prepared by each party,
setting forth the facts and its position and the arguments in support thereof . . . (55)
In a few agreements, the section of the contract in dispute also was to be cited.
Upon the submission o f a grievance or dispute to arbitration, the company and the union shall set
forth in writing specifically by number or numbers, the issue or issues, as previously set forth prior
to and during the /fin a l/ third step meeting, together with supporting information. Included in its
statement o f issues, the appealing party shall cite the section or sections o f the agreement it claims
have been violated and the redress it expects from arbitration. The arbitrator shall confine his de
cisions to the statement o f such issues.
(187)
A somewhat sim ila r p rovision, found in a few of the contracts, granted each
party the option of submitting its case in writing or o ra lly, as in the following:
All cases shall be presented to the umpire either in the form o f a written brief, or orally, or both,
each party setting forth the facts and its position, and the arguments in support thereof. The briefs
o f both parties, if they are to be submitted, shall be filed with the umpire at any tim e prior to the
beginning o f the hearing.
(188)
In three contracts, only the appealing party was required to submit a sta te
ment of the disputed issues:
. . . The board o f arbitration shall be supplied by the party demanding arbitration with a written
statement o f the issues in the case.
(189)
M o st of the remaining 27 contracts provided for joint subm ission.
Ap
proxim ately half of these did not specifically provide an alternative if the parties
could not agree on the subm ission.
The parties shall jointly stipulate in writing the issue to be decided by the arbitrator.
(190)
Before any matter is submitted to arbitration the parties shall submit a joint statement lim ited solely
to the facts as stated in the written grievance and clearly defining the issues to be arbitrated.
(6)
One contract provided for a joint submission covering the points upon which
the parties were in agreem ent, as well as separate statements by each party.
A p roviso, also found in se ve ra l other a g re em en ts, perm itted inclusion of sup
plemental statements received prior to the hearing:
In each case submitted to arbitration, the charging and defending parties shall prepare, sign and
deliver written submissions to the arbitrator, selected as provided in section__o f the agreement, and
to the other party.
Such submissions shall be delivered not less than 7 days prior to the date o f
the hearing and shall include:
(a)
Joint statement o f all relevant facts upon which the parties are in agreement and a statement
defining the issue(s) upon which the parties are in agreement.
(b)
Statement by the charging party o f its charges with citations o f the specific provisions o f the
agreement which it alleges were violated.
(c)
Statement by the charging party o f the relief sought.
(d)
Statement by the defending party o f its defense, with citations o f specific provisions of the
agreement upon which it relies.
(e)
The defending party may also state what it contends the remedy or relief should be if the
arbitrator should find that the alleged violation had occurred.
(f)
Copies o f any documentary evidence which either party considers relevant, subject to the
limitations imposed by statement o f policy (c) relating to section__.
63
At any tim e prior to the start o f a hearing by the arbitrator, the contending parties may prepare,
sign and deliver to him and to the other party written supplements to the submissions previously
delivered to him and they shall be considered by him as though included in the original submissions.
At any time prior to the start o f a hearing by the arbitrator, the contending parties may notify him
that they have reached an agreement and in such event no hearing shall be held. . . .
It is understood and agreed that each party to a case submitted to arbitration w ill do everything in
its power to permit early selection o f and decision by the arbitrator. Delaying tactics by one party
in the preparation, execution or delivery o f the joint submission or in the arrangements for presen
tation to the arbitrator may be made the subject of complaint by the other party which may be
processed through the grievance procedure.
(117)
An interesting variation required the arbitrator to define the issues in
writing; agreem ent by the parties was a prerequisite to arbitration proceedings:
The impartial arbitrator, at the start o f the arbitration proceedings, shall place in writing a description
o f the issue or issues involved, and this subject o f arbitration shall first be agreed upon by the parties
before their arguments are presented.
(191)
A few contracts permitted the parties the option of submitting separate or
joint statem ents. The following clause p r e sc rib e s the same rules for either type
of submission:
Matters for arbitration may be submitted by either party singly or with management concurrence.
Single-party submissions must conform to all appropriate provisions set forth below for joint sub
mission agreements.
The submission agreement must:
1.
2.
3.
4.
5.
6.
Be signed by both parties.
Restate the grievance as orginally submitted.
Stipulate that the parties tried and failed to settle in the grievance procedure.
Describe the general nature o f the dispute.
Cite the contract provisions to be interpreted or applied.
Specify a question to be submitted for arbitration which reaches to the basic issue of the griev
ance as originally submitted.
(2)
Other contracts specifically provided or implied that determination of the
i s s u e s , if the parties did not a g re e , was to be made by the arbitrator, either
fro m the joint subm ission or from separate statements by each party:
In the event that the company and the union are unable to agree on the precise wording o f the ques
tion to be arbitrated, they w ill submit to arbitration in accordance with the provisions of this agree
ment the dispute on the wording o f the issue which is to be arbitrated.
(192)
'!<
In the event that the parties are unable to reconcile their respective positions as to be definition o f
the issue or issues being referred to arbitration, then the written statement o f both parties shall be
presented to the arbitrator.
(193)
The parties shall execute a submission agreement.
If the parties fail to agree upon a joint submission
each party shall submit a separate submission and the arbitrator shall determine the issue or issues to
be heard, provided that said issue or issues are arbitrable in accordance with this section.
The joint
or the separate submission shall state the issue or issues and the specific clause or clauses of this
agreement which the arbitrator is to interpret or apply.
Decision on this issue or issues to be heard
shall be made by the arbitrator before either party may proceed with the merits o f the case.
(171)
64
An exception, illustrated below, provided for determination by a referee
(a fo rm e r judge) of the issue before re fe rra l to an arbitrator.
Section 4.
Appointment o f Conciliators
Within 10 days after . . . the referee has determined that a question shall be arbitrated, the com
pany and the union shall each appoint a conciliator . . .
Section 5.
Selecting the Arbitrator
If the conciliators appointed by the company and the union do not agree on a decision they shall
try to choose an arbitrator.
If they do not choose an arbitrator within 5 days after the meeting, an arbitrator shall be selected
under the rules and regulations o f the American Arbitration Association.
Section 8.
Determining Arbitrable Question
If the party receiving the proposal to arbitrate is not willing to arbitrate the particular proposed ques
tion, these rules apply:
1.
Within 15 days after the expiration of the 10 days specified in section 4, either party may ap
peal to the referee;
2.
The referee shall first decide whether the proposed question is arbitrable under section 3;
3.
If he decides that it is arbitrable, then if the other party has suggested a different arbitrable
question the referee shall determine which o f the two questions shall be arbitrated.
If neither party appeals to the referee, or if the referee decides that the proposed question is not
arbitrable, then, the answer given in the last step in the grievance procedure is final.
Section 9.
Referee
The referee shall be a former Judge o f the Superior Court or Supreme Court bench of New Jersey,
selected by the parties by mutual agreement for a term o f 12 months at which time his tenure
automatically ends.
(194)
Another variation provided for determination of the submittal procedure by
the parties each time arbitration was requested, or by the arbitrator if the parties
could not agree within a specified tim e.
The procedure to be followed in submitting the difference or dispute to the arbitrator shall, unless
agreed upon by the parties within 3 workdays after the selection o f the arbitrator, be determined
by the arbitrator himself.
(195)
T im e and Place of H earing.
Some contracts included regulations p e r
taining to the time and, le s s frequently, the place of arbitration hearings.
M o st
of the time lim its ranged fro m 5 days to 3 weeks fro m the selection of the a r b i
trator or request for arbitration, although extrem es df 24 hours to 1 year were
found.
Frequently, provision was made for extension of time lim its by mutual
agreem en t.
A few contracts included provisions for appointment of a different
arbitrator if the a rb itra to r's request for postponement was denied, or a stipulation
that the grievance would be considered withdrawn if hearings did not start within
the specified time.
Hearing shall be started within 5 calendar days following selection o f the board o f arbitration with
the exception that a longer period may be allowed by mutual agreement wherever the impartial person
may not be able to com ply with the time lim it.
In the event, however, that the impartial person
is unable to make himself available within 20 calendar days following selection, an alternate shall
be named.
(196)
65
The arbitration hearing shall be held as soon as convenient to the chairman o f the board but not later
than 3 weeks after his selection, . . .
(197)
Immediately after the arbitrator is selected, the parties will notify the arbitrator o f the pending ques
tion and a date for the hearing will be set. This hearing will be held within 30 calendar days after
the arbitrator has been notified, provided, however, that a request by the arbitrator for postponement
to a date beyond this 3 0 -day period may be denied by either party, in which event the arbitrator
for this hearing only shall be appointed by the director of the Federal Mediation and Conciliation
Service.
(198)
The hearing on the_ particular grievance shall begin not later than 1 year from the date of the
third-step answer /final grievance step/.
If the hearing is not started within this period it shall be
considered as withdrawn from arbitration and settled.
The arbitration board shall hear all evidence and render a decision within 7 days o f the arbitration
hearing unless this time is extended by mutual consent.
(17)
>!<
>J<
Date o f Hearing__ Within 5 working days following receipt o f a joint stipulation from the parties, or
notice from the opposing party that 5 working days have elapsed since the selection o f the arbitrator
and no stipulation has been agreed upon, the arbitrator shall set a date for hearing, which date shall
not be earlier than 10 working days from the date upon which the arbitrator mails notice of such
hearing date to the company and the union, except by mutual agreement o f the parties.
(199)
Other contracts did not set a time limit, but left this determination to the
arbitrator. This procedure was m o re prevalent in clauses which refe rre d to the
place of hearing.
In some instances, both determinations were to be made by
the arbitrator.
The parties further agree that the arbitrator shall fix the time and place for each hearing, and that
notice thereof shall be sufficient if sent by ordinary mail at least 5 days prior to the time fixed for
the hearing.
(200)
A few contracts
of the parties.
provided for
selection of time and place by mutual agreement
Arbitrations w ill be held at a mutually agreeable place and date on one o f three dates submitted by
the arbitrator. Such dates shall be submitted by the arbitrator within 10 calendar days after notifica
tion and shall be dates occurring between 21 and 45 calendar days after receipt of notification.
(201)
Multiplant or national contracts som etim es stipulated that hearings were to
be held in the location where the grievance a r o s e .
A few further provided for
determination of a hearing place by the parties or an outside agency for disputes
involving all locations.
. . . The hearing is to be held in the city where the division or plant is located.
(188)
Local arbitrations shall be held in the city involved. National arbitrations shall be held at any place
agreed on by both national parties or, if no agreement can be reached, at a place determined by the
American Arbitration Association.
(202)
UAW
The multiplant contract negotiated by the International H arvester Co. and
required the arbitrator to schedule the start of hearings for a specified
66
number of c a s e s , but provided for a r e c e s s after 5 days and set a minimum
time limit (15 days) before resumption of hearin gs, to perm it issuing of awards
on c a s e s fully heard. The location of hearin gs, stipulated in the contract, could
be changed to other designated cities, if requested by either party.
The permanent arbitrator will determine the date on which hearing of a specified number of cases will
begin, providing, however, that hearings will not be scheduled to continue more than 5 consecutive
workdays, and no hearings shall be scheduled on a Saturday, a Sunday, or a holiday enumerated in
this contract, or other than normal business hours. In the event all of the specified cases are not
heard during the scheduled hearings, the hearings shall be recessed after not more than 5 days of
hearing for at least 15 calendar days but not less than such time as is necessary for the permanent
arbitrator to issue awards in the cases fully heard prior to the recess, subject, however, to the ex
ception provided in . . . The hearings w ill again be recom m enced subject to the same provisions
as listed above.
In the event that a hearing date has been set for a subsequent date, such hearing
date will be changed so that the hearing on the subsequent schedule w ill not com m ence until at least
3 calendar weeks have elapsed after the close of the recessed hearing. . . .
Hearings will be held in Chicago, except that at the request of either party hearings w ill be held in
either Indianapolis or Moline. However, no hearing will be divided between any two of such locations
in any calendar week except by mutual agreement.
The hearing room w ill be provided by the
company.
(76)
Evidence and W i t n e s s e s .
Regulations governing a dm ission of evidence,
use of w itn e sses, and the a rb itra to r's authority to make investigations, were
found in som e contracts. The m o st com m on type was a broad cla u se, granting
the arbitrator the power to call witnesses and request documentary evidence, as
in the following:
At the request of the impartial arbitrator, such witnesses, records,
as may be required shall be produced.
(158)
and other documentary evidence
>;< >;< >;<
It /board of arbitration/ shall hear the matter in dispute . . . and shall call such witnesses and re
quire furnishing of such information as it shall deem relevant to the case.
(189)
Some provisions re fe rre d only to the subm ission of evidence by either
party.
A few of these placed limitations on the evidence to be submitted, or
permitted the arbitrator to determine its relevancy.
In all arbitrations the parties may present and the arbitrator shall consider particular facts, articles
and paragraphs of this agreement and relief only if they were presented in the submittals and de
cisions in the first and second steps /arbitration third step7.
(201)
>;<
*
Either party shall be entitled to present its claims to the arbitrator in such manner as the party may
desire, provided that the arbitrator may determine the relevancy of the evidence presented. (203)
Others stipulated that both parties were to have an opportunity to present evidence
and supporting arguments:
The board /arbitration board/ shall afford to the company and the union a reasonable opportunity to
present evidence and to be heard in support of their respective positions. (11)
One contract re fe rre d only to the introduction of new evidence by either party,
in which case an extension of the hearing could be granted if requested.
If during the course of the arbitration hearing, either party introduces any facts which were not intro
duced during any of the steps of the grievance procedure, the other party shall be granted an extension
of the hearing upon request. {204)
67
The a r b it r a t o r 's righ t to ex a m in e the e m p lo y e r 's r e c o r d s was stated in
d e ta il in so m e c o n t r a c t s , p a r tic u la r ly in a s s o c ia tio n a g re e m e n ts with perm an en t
a rb itr a tio n .
The fo llo w in g ex a m p le was e x c e rp te d fr o m an a s s o c ia tio n a g r e e
m ent in the m e n 's cloth in g in du stry.
In the event o f any controversy, the employer's pertinent books, vouchers, papers and records shall
be available for inspection by duly authorized representatives o f the arbitrator, to be examined to
determine whether there is full com pliance with the terms o f this agreement. Where the employer
fails to make its pertinent books, vouchers, papers and records available to the arbitrator after having
been directed to do so, the arbitrator may not only proceed legally to obtain some but may draw his
own conclusions from such failure.
(183)
S e v e r a l la r g e c o n t r a c t s , in clu ding the G en era l M o to r s —UAW and IUE c o n
t r a c t s , in addition to outlining the a r b it r a t o r 's right to m ake in v e s tig a tio n s , hold
h e a rin g s and exam in e w itn e s s e s , gran ted each party the right to c r o s s -e x a m in e
the w itn e s s e s .
. . . The umpire may make such investigation as he may deem proper and may at his option hold a
public hearing and examine the witnesses o f each party and each party shall have the right to crossexamine all such witnesses . . . (55)
M o re d e ta ile d c la u s e s , found in a few oth er la r g e c o n tr a c ts , in clu d ed
p r o c e d u r a l ru le s g overn in g such ite m s as s u b m iss io n o f e v id e n ce , p ostp on em en t
o f h e a rin g s to enable e ith e r party to s e c u r e add ition al in fo rm a tio n , c r o s s ex a m in a tion , the filin g o f p o s t-h e a r in g b r ie fs , exam ina tion o f exh ibits by eith er
p a rty , o r con du ct of a r b it r a t o r 's in v estig a tion .
The hearing— at such hearing before the arbitrator, the parties may present oral and documentary
evidence in support o f their several contentions and each party shall at all times have the right of
cross examination.
The arbitrator may, upon the request o f either party or upon his own motion,
adjourn the hearing for a sufficient period to enable either party to furnish additional evidence, oral
or documentary, which, in the opinion o f the arbitrator is relevant to the issue or issues involved.
Post-Hearing Briefs— Following such hearing, both parties shall have 10 working days within which to
submit post-hearing briefs. Post-hearing briefs shall be confined to matters presented at the hearing.
No reply briefs w ill be permitted except by mutual agreement o f the parties. For good cause shown,
the arbitrator may extend the time for filing briefs, but in any case the arbitrator shall notify the
other party, who shall also be entitled to the benefit o f such additional tim e.
At the time each
party submits its post-hearing brief to the arbitrator it shall enclose a copy for the opposite party.
Upon receipt o f a party's post-hearing brief or upon the expiration o f the time lim it for submitting
same the arbitrator w ill forward the copy to the other party.
(199)
>;«
Section 9.
The arbitrator shall make such investigation as he deems proper and may examine the
witnesses o f each party.
Each party shall have the right to cross-examine witnesses. When any
investigation is conducted by the arbitrator, he shall be accom panied, upon his request, by at least
one representative o f the company and the union. . . .
Section 11.
Exhibits introduced by one party may be examined by the other party during the course
o f the hearing.
Section 12.
The arbitrator or the union may call any employee as a witness at any proceeding be
fore the arbitrator, and the company agrees to release said witness from work if he is on duty.
Section 13.
it calls.
Each party shall be responsible for the expense or expenses o f any witness or witnesses
Section 14.
The arbitrator shall render his decision in writing not later than 5 days after he has
com pleted his hearing on any grievance.
Section 15.
The decision o f the arbitrator shall be final and binding upon both parties.
Section 16. The compensations and expenses o f the arbitrator shall be borne equally by the union
and the company.
Section 17. If the company and the union representatives are unable to agree on a person to act as
the arbitrator within 5 days o f the time of the first meeting as provided for in this article, the com
pany and union representatives shall request the American Arbitration Association to submit the names
of available arbitrators in accordance with their voluntary arbitration rules.
(187)
68
A few contracts re fe rre d only to the right of either party to call w itn e sses.
Witnesses desired by either party shall be available as needed, but shall be restricted as to attendance
to the time required for their testimony.
(205)
By con trast, one contract prohibited
calling or examining w itn esses:
either party or the
a rbitrator fro m
Neither party . . . w ill call witnesses in any umpire hearing nor w ill the umpire interrogate wit
nesses at any time.
(188)
R ules requiring w itn esses to testify under oath,
either party, were found in a few con tracts.
if
requested to do so by
Hearings before the arbitration board shall proceed by the hearing and taking o f all relevant testimony
and, at the request o f either party, any or all witnesses may be required to testify under oath.
(147)
Another contract stipulated that judicial rules of procedure were to be fo l
lowed, but excepted technical rules of evidence follow ed in court p roceed ings.
In general, judicial rules of procedure shall be followed at hearings before the arbitrator, but the
arbitrator need not follow the technical rules o f evidence prevailing in a court o f law or equity.
The
complainant in every hearing before the arbitrator shall present a prima facie case. The arbitrator
shall make his decision in the light o f the whole record and shall decide the case upon the weight o f
all substantial evidence presented.
(44)
R ecord of P ro c ee d in g s. Rules pertaining to recording arbitration p ro c e ed
ings were som etim es specified . In m o st, such a record was optional with either
party; u su a lly , the expense incurred was to be paid by the requesting party, or
shared equally if requested jointly.
A few contracts sp e c ifica lly granted this
option to the a rbitrator or board, although it m ay be assum ed that norm a lly this
option was im plicit in the a rb itra to r's authority, and included in the expenses
incurred by the arbitrator and shared by the company and union.
Transcripts
The company or the union may, at its discretion, prepare a transcript o f the arbitration. Cost o f the
transcription shall be borne by the requesting party and such transcription shall be the exclusive
property o f the requesting party. If the company and the union prepare a joint transcript, they will
then share the cost and the right to the transcript.
(201)
The arbitrator or either party may, at his or their option, employ the services o f a stenographer and/or
reporter at all such hearings to make a record o f the proceedings.
(187)
If the company or the union elect to have made a record and transcript o f any arbitration proceeding,
where such transcript has not been deemed necessary by the arbiter, both parties shall be entitled to
obtain copies of such transcript by ordering the same from the reporter at his own expense.
(164)
>;< >;<
. . . the compensation and expenses, if any, of the impartial arbitrator shall be shared equally by the
company and the union.
If both parties mutually agree on the presence o f a court stenographer,
the costs thereof shall be shared equally.
(206)
69
Some of the contracts which did not m ention sp e cifica lly the a rb itra to r’ s
authority to request a record of the p roceed in gs, stipulated that the cost of such
record s was to be shared by the company and the union.
The expense o f employing an arbitrator, and a court reporter if one is used, shall be shared equally
by the company and the union.
(38)
On the other hand, a few others banned any o fficial record of the proceedings:
No official stenographic record o f the arbitration shall be made.
(207)
G rievance P rio r itie s; Scheduling of C a s e s . G rievances involving discharge
and other c ases of continuing liability w ere given priority in a lim ited number
of con tracts.
H ow ever, many contracts, which did not stipulate that p riority
would be given, provided for expediting such ca se s by specifying shorter time
lim its for appeal and p rocessin g the dispute. 26
Some of the clau ses re fe rre d only to c a se s involving continuing liability,
while others re fe rre d to discharge and continuing liability. P resu m a b ly , if r e tr o
active pay w ere involved, discharge c ase s would be considered a continuing li a
bility.
A few contracts granted discharge ca se s fir s t p riority and continuing
liability second.
Grievances which are appealed to arbitration and which contain continuing liability shall be given
priority over all other grievances in the arbitration procedure at that tim e.
(208)
Schedule o f Hearings.
In the event that arbitration cases are pending, they will be scheduled on the basis o f one arbitration
per week on the date agreeable to the arbitrator. Arbitrations shall be heard according to the follow
ing priorities:
(1)
(2)
(3)
First priority shall be given to discharge cases;
Second priority shall be given to cases involving continuing liability;
Other cases shall be given priority according to the submittal date o f the second step.
(201)
P referen tia l treatm ent of discharge and other designated types of disputes
a lso was indicated in a few agreem ents which lim ited the num ber of such c ases
which could be heard at a single hearing. No lim its were placed on other types
of disputes.
Disputes Involving Technical Matters . . .
In technical arbitration cases the arbitrator selected shall hear only a single technical arbitration
matter in a single hearing, and no other matter may be submitted to him for determination as a
result o f said hearing other than the single technical arbitration case, except by mutual consent of
the parties, In cases involving discharges the arbitrator may only hear a single discharge case and
no other matter in a single hearing except by mutual consent o f the parties; provided, however, this
shall not apply where more than one person was discharged at the same time for the same cause
and arising out o f the same set o f circumstances. In that instance, and only in that instance, may
an arbitrator hear more than a single discharge case or a single case involving discharge in one
hearing. It is the intent o f the parties that each technical arbitration and each discharge case will
be heard in a separate hearing and without other grievances being presented to the arbitrator at
such time.
Nontechnical Arbitration:
Matters which do not involve technical matters shall be arbitrated under
the voluntary labor arbitration rules then obtaining o f the American Arbitration Association.
(209)
26
See ch. 3,
p. 31 and ch. 6, pp. 81—82.
70
R estriction s on A rbitration of Sim ila r G rie v a n c e s .
Some contracts p ro
hibited arbitration of the sam e issue within a given period of tim e, usually 1 y ea r.
Any grievance submitted and determined in accordance with the procedure outlined herein, shall not
be submitted again within 1 year from the date of its original submission.
(210)
Another type of p rovision perm itted withdrawal of grievan ces involving
s im ila r issu e s pending disposition of a representative c a s e , as illu stra ted in the
following excerpt:
A grievance may be withdrawn . . .
If the grievance is reinstated, the financial liability shall date
only from the date o f reinstatement . . .
Where one or more grievances involve a similar issue those grievances may be withdrawn without
prejudice pending the disposition o f the appeal o f a representative case.
In such event the with
drawal without prejudice w ill not affect financial liability.
(104)
A som ewhat sim ila r provision waived the tim e lim it for subm ittal to a r b itr a
tion of sim ila r g rie v a n ce s, until after the decision on a representative grievance:
Grievances similar or identical to other grievances on which arbitration has been requested, or which
are in process o f arbitration, shall not be deemed to be waived under this section unless unsettled and
arbitration is not applied for within 30 days after the decision on a similar grievance arbitrated.
(52)
Another provision perm itted a request for disposition of disputes pending in
the grievance p rocedure, based on issuan ce of an award covering s im ila r is s u e s .
Following the issuance o f any arbitration award, each local union or the company may identify griev
ances properly pending in the grievance procedure and request that such grievance be disposed o f on
the basis o f the award (including the contractual interpretations upon which the award is based).
Such
request shall be made in writing by the chairman o f the grievance com m ittee or the works industrial
relations manager at the works involved, as the case may be . . .
If the request for settlement is denied in whole or in part, the grievance may be processed to arbi
tration in accordance with the time limits o f this contract.
(76)
Scheduling of C a s e s .
G eneral rules relating to scheduling of c a se s w ere
occa sio n a lly included. Som e clau ses perm itted referrin g m ore than one grievance
to a single a rbitrator or board, on mutual agreem en t of both parties:
More than one grievance may be placed before a single board o f arbitration, if the parties so
agree.
(211)
In o th ers, either party had the option of demanding that the grievance be
arbitrated sep a ra tely , if m ore than one case was pending:
If more than one issue or case is pending before one arbitration board, either party may demand
that the issues be heard and adjudicated separately.
(17)
A m axim um num ber of grievan ces or issu e s to be arbitrated at one h e a r
ing was set in som e instances:
Not more than three grievances covering different subject matters may be arbitrated at one arbi
tration hearing.
(203)
C o n v e rse ly , a few cla u ses stipulated
grievan ces to be arbitrated at one tim e:
that no
lim it
would
be
placed
It is agreed that no lim it w ill be placed on the number o f grievances submitted to an arbitrator for
hearing at one time.
(88)
on
71
Another type of clau se set a m axim um on the number of ca se s submitted
for arbitration in any y ea r. The following cla u se, in addition, lim ited the num
ber of c ase s the em ployer and the union could subm it.
It has been agreed that there shall be no more than 10 cases, in total, submitted to arbitration in
any calendar year during the life o f this agreement. Subject to the above, neither the union nor the
association may elect in excess o f five cases for submission to arbitration in any calendar year.
(20)
W ithdrawal of C a s e s . Rules covering withdrawal of c a se s after r e fe r r a l to
arbitration w ere fa irly com m on.
G en era lly , withdrawal was perm itted only by
mutual consent of the p a rties.
After a case on which the umpire is empowered to rule hereunder has been referred to him, it may
not be withdrawn by either party except by mutual consent.
(132)
>',c
*
After a case has been appealed to the arbitrator, it shall not be withdrawn by either party except by
mutual consent.
(187)
Nothing herein shall be construed as preventing the company and the /u n ion / from the settling by mu
tual agreement, prior to final award, any dispute or grievance submitted to arbitration hereunder. (212)
In som e con tra cts, request for withdrawal had to be made prior to the start
of hearings:
At any time prior to the start o f a hearing by the arbitrator, the contending parties may notify him
that they have reached an agreement and in such event no hearing shall be held.
(117)
Another procedural ru le, found in a lim ited number of con tracts, related to
the failure of either party to participate in the arbitration proceedings.
Under
these c la u s e s , the arbitrator was authorized to base his decision on the evidence
submitted by the particpating party:
. . .
In the event o f a wilful failure by either party to appear before the arbitrator after written
notice o f time and place o f hearing, the arbitrator is hereby authorized to render his decision upon
the evidence produced by the party appearing.
(213)
F a ilu re to participate in the selection of an arbitrator resulted in forfeitu re
of the defaulting p a rty ’ s c a se , under one contract:
In the case the representatives of the company and the brotherhood are unable to reach agreement . . .
they shall refer the dispute to a board of arbitrators . . . Each o f the parties hereto shall select
one . . . and two thus selected shall select the third member . . .
In event the two members . . .
fail to select a third . . . , the parties shall jointly request the AAA to appoint the third m em
ber, . . .
In the event one of the parties refuses or fails to join in such request, the party in de
fault shall forfeit its case.
(214)
Although ru les sp e c ifica lly involving failure to participate in the arbitration
proceedings w ere not frequent, a number of contracts provided penalties for any
violation of the contract.
The penalties stipulated would be applicable in ca se s
of nonparticipation in arbitration p roceed ings. In m o st in sta n c e s, violations r e
sulted in a w aiver of the strik e -lo ck o u t ban. 27
27
Clauses relating to violation o f the contract are discussed in ch.
7.
72
M iscellan eo u s P roced u ral R u le s.
Other procedural rules m ainly related
to the tim e allotted for start of hearings and presentation of evidence, desig n a
tion of spokem en, and order of presentation by the p a rties.
E xam ples of the
foregoing follow:
The board shall convene within 10 days after its formation and shall, upon notice to both parties,
hear the evidence relating to the controversy.
Neither party shall consume more than 2 days to
present its evidence.
(215)
O*
V
"t*
vU
So that arbitration hearings can be expedited and conducted in an orderly manner, it is agreed that
each party at arbitration hearings w ill designate one spokesman who w ill be responsible for the presen
tation o f information and who w ill direct the order o f the presentation o f exhibits and testimony by
individuals upon whom he may call.
(216)
>;< >|< *
The party referring a grievance to arbitration shall have the obligation of going forward with its case
before the other party shall be required to present its case or adduce any testimony.
(217)
Chapter VI. The Arbitrator's Award
The efficacy of grievance arbitration is founded on the pledge of the d is
puting parties that the a rb itra to r's award would be final and binding.
Although
this is im plied in invoking arbitration, a lm ost all agreem ents explicitly drive
the point hom e. The finality of the award explains the s tr e s s put upon the i m
partiality of the a rb itra to r, care in his selectio n , and som e of the other elem ents
in the arbitration p r o c e ss p reviou sly d iscu sse d . A rb itra to rs usually have a good
deal of leeway in reaching their decision s and in fram ing their aw ards; many
a g re em en ts, how ever, set forth certain specification s or lim itations binding upon
the arbitrator. This chapter deals with the ways in which agreem ents treat the
finality of the awards and the requirem ents put upon the arbitrator in connection
with his aw ards.
Finality of the Award
Although a voluntary agreem ent to arbitrate in itse lf signifies the p a rties'
w illingness to accept a final and conclusive d ecisio n , 396 of the 416 contracts
examined in detail explicitly affirm ed that the a rb itra to r's award would be final
and binding.
The decision of the arbitrator shall be final and binding upon all parties to the dispute . . .
'!< *
(28)
*
An arbitration award shall be final and binding as to all issues involved in the grievance.
(211)
Another six contracts e x p re ssly stated that the aw ards, otherw ise final and
binding, could be subject to court review . Three of these referred sp ecifica lly
to the validity of the award under State law; the other three referred to p o ssib le
legal challen ges.
F or exam ple:
Notice of any claims by either party that an arbitrator's award hereafter and hereunder, is invalid,
in whole or in part, under the laws of the State of California, shall be served in writing upon the
other party within 10 days after receipt of the written award in question, and thereupon, the party
giving such notice shall proceed as promptly as possible with the institution of proceedings seeking to
modify or set aside the award. The parties agree that if such notice is not given, such failure shall
constitute a waiver of any legal objections to said award. (218)
The decision of the arbitrator, subject to any remedies of the parties at law, shall be final and
binding. (69)
Submission of a grievance to arbitration pursuant to this article shall be treated as a waiver of legal
or equitable proceedings with respect to such grievance, except such legal or equitable proceedings
as may be necessary to secure the orderly application of the arbitration procedure provided for here
under, to prevent interference therewith, or to obtain the enforcement, m odification or vacating of
any award issued hereunder . . . (177)
P re su m a b ly , the p a rtie s' rights to legal reco u rse might affect the finality
of any award.
A union pledge to discourage its m em b e rs from appealing to a
court or governm ental agency was included in five con tracts. One of these stated
73
74
that the pledge was applicable only to decision s
arbitration p rov isio n .
rendered in conform ance to the
There shall be no appeal from the umpire's decision, which w ill be final and binding on the union
and its members, the em ployee or employees involved and the corporation. The union w ill discourage
any attempts of its members, and w ill not encourage or cooperate with any of its members, in any
appeal to any court or labor board from a decision of the umpire.
(132)
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The union w ill discourage any attempt of its members and w ill not encourage or cooperate with any
of its members in any appeal to any court or labor board from a decision of the arbitrator rendered
in keeping with the provisions o f this section. (138)
An explicit statem ent that the award was enforceable in court was included
in 26 contracts:
The decision, order, direction, or award of the impartial chairman shall be final, conclusive
and binding and enforceable against any of the parties to this agreement in a court of competent
j ur isdiction. (219)
* * i|<
The decisions rendered by the arbitrator shall have the effect of an award and shall be enforceable
under the Arbitration Law of the State of New York, or otherwise, entitling the entry of judgment in
a court of competent jurisdiction against the defaulting party who fails to carry out or abide by the
decisions . . .
Neither party shall institute any proceedings in a court of law or equity other than to enforce the
decision and award of the arbitrator . . . (200)
W here arbitration has been in effect for a period of tim e , a body of p r e c e
dent m ay be established fo r guidance in determ ining sim ila r g rie v a n ce s.
How
e v e r, m o st contracts w ere silent on the use of p reced en ts. Only a few provided
for the application of p rio r awards in subsequent g rie v a n ce s. The W estern UnionC o m m e rc ia l T e le g ra p h e rs' contract empowered the arbitrator to determ ine the
applicability of a p rio r award on request of either party:
In any arbitration hereunder, if either party presents the written award and opinion of an arbitrator
rendered in a previous arbitration under this contract, and claims that such award and opinion are
decisive of the issue in the pending case, the arbitrator is empowered to determine the applicability
of such award and opinion to the pending issues. If he determines that the pending matter involves
the same issues of fact, law, and contract principles, then such prior award and opinion shall be
controlling on the same questions of principle and interpretations of contract. (220)
A few clau ses sp e c ifica lly prohibited the use of an award as a precedent
for subsequent g rie v a n c e s, as in the follow ing:
No /arbitration/ decision shall be used as a precedent for any subsequent case.
(131)
Others stipulated that the award was not to constitute a precedent on renewal of the
contract or negotiation of a new one. A few of th ese , in addition, stipulated that
the award was binding for the term of the contract. The latter lim itation also was
exp ressed in som e contracts which did not refer to the award as a precedent.
The decision of the umpire shall be final and binding upon the company, the union and all em
ployees concerned therein . . .
It is agreed that a decision of an umpire as to the meaning and application of any provisions of this
agreement shall not on renewal o f this agreement or negotiation of a new agreement constitute a
binding agreement . . . (221)
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75
The final decision by the board of arbitrators shall be binding upon both parties during the term of
this contract, but shall not constitute a binding precedent in connection with the negotiation of a
new contract or the terms for the renewal or extension of this contract. (210)
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The arbitration award shall be binding upon the company and upon the union for the duration of
this agreement. (222)
In a few con tra cts, the award was subject to clarification or interpretation
by the arbitrator on request of the p a rties.
U sually it was stipulated that no
change was to be m ade in the substance of the award.
Any dispute between the parties as to the interpretation or construction to be placed upon the award
made as hereinabove provided for shall be submitted to the impartial arbitrator who made the award,
who may thereupon construe or interpret the award so far as necessary to clarify the same, but with
out changing the substance thereof, and such interpretation or construction shall be binding upon
all parties. (195)
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If an award is made or received from an arbitrator and there is any question as to its interpretation,
the parties agree to meet within 2 weeks following the receipt of the arbitrator's award in order to
endeavor to com e to some agreement as to the proper interpretation of the arbitrator's award. If,
however, at the end of an additional 2-week period no agreement has been reached, the parties agree
to refer back to the arbitrator and request a ruling on the points in dispute between them and this
ruling shall becom e part of the award and also shall be final and binding upon the parties hereto. (223)
In certain c ircu m sta n c e s, se v e ra l contracts allowed an award to be subject
to review , m odification or re v e r sa l.
One type of provision required review ,
and p o ssib le change, by the a rb itra to r, if both parties alleged an e rro r of fact:
Decision Based on Agreement
The decision of the arbitrator must be in accord with this agreement and cannot add to, detract
from or alter its terms.
Revision of Decision
If the company and the union agree, they may point out to the arbitrator in writing any error of fact
found in the decision or on which the decision is based, or any ambiguity in the relief granted within
6 workdays after receipt of the decision.
The arbitrator may then reverse, modify or affirm his
original decision.
Finality of Decision
The decision of the arbitrator shall be final and binding upon the parties.
Termination of Authority
The arbitrator shall deal only with the matter which occasioned his appointment and his authority shall
terminate on his final decision of that matter.
Attendance and Pay for Hearings
Only the following persons may attend arbitrations: The first step supervisor, four additional company
representatives, the grievant, four loca l union representatives and witnesses and counsel for both sides.
The following persons w ill be entitled to straight-time pay at their base rate for time spent in arbi
tration hearings: The grievant (group may not exceed five), union representatives who are not full
time union employees and the union's witnesses not to exceed four.
(201)
220-616 0-66-6
76
Another type, found in som e printing con tra cts, perm itted appeal from the local
arbitration decision to the International arbitration board, in cases of alleged
irreg u la rity:
The decision of the arbitrator or board of three arbitrators shall be final and binding on both parties
to this contract except on appeal to the international board of arbitration by either party in cases of
alleged evasion, collusion, fraud, or bad faith, as provided in section — /C od e of Procedure/. (64)
F in a lly , the parties th e m se lv e s ,
reject the award, as in the following:
by mutual
agreem en t,
could m odify
or
Any award of the arbitrator may be m odified or rejected by mutual written agreement of both
parties. (220)
W here arbitration was to be conducted by a tripartite board, m o st con
tracts stipulated that the decision of a m a jo rity of the board, or of the im partial
chairm an if a m a jo rity decision could not be reached, was to be final and binding.
The board of arbitration as then constituted shall consider the merits of the question or dispute and
shall render a decision thereon. A decision made by a majority of the members of such a board of
arbitration shall be binding upon the company and upon the brotherhood for the term o f this
agreement.
(172)
This panel of arbitrators w ill hear the case under the procedures provided below, and the decision
in the case shall be that of the majority of the panel. If after reasonable time a majority decision
is not possible, the decision of the third and neutral arbitrator shall be final and binding on
the parties.
(209)
At the conclusion of the hearing of a case the chairman shall retire and the other members of the
board shall go into executive session and im mediately take up a consideration of the issues involved.
If in executive session a tie vote occurs on any proposition, or if there are any differences, questions
or propositions which do not receive the vote of four of the six original members of the board, the
chairman shall be called in to cast the deciding votes on all unsettled questions or propositions.
When the chairman is called in, the disputed points shall be fully discussed by all members of the
board, and the several views of the six original members explained to the chairman.
(64)
Some of the con tra cts, how ever,
be determ ined, as in the following:
did not specify how the decision was to
. . . these three shall constitute an arbitration board, and their findings shall be final and binding. (224)
Specifications of the Award
P ro v isio n s regarding the fo rm of the award frequently were included in
the con tracts. M ost com m on requirem ents were that (1) the award be in w riting,
(Z) the agreem ent provision s constitute the ba sis of the d ecisio n , and (3) the
award state the reasoning or evidence upon which it is based.
Som e contracts
also stipulated that copies of the award be delivered to the p a rties; som e p e r
m itted oral awards by mutual agreem ent of the p a rties.
The arbitrator shall render a written decision which shall include the award and an opinion stating the
specific provision(s) of the agreement relied on, the issue(s), reasoning and facts upon which the
decision is based. (201)
77
Both parties agree to participate in the arbitration proceedings and the decision of the board, which
shall contain a full statement of the grounds upon which the issue or issues have been decided, shall
be final and union, the locals, their representatives, all employees and company agree to abide
thereby.
(225)
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*
The award of the sole impartial arbitrator shall be in writing and identical copies shall be sent to
both parties to this agreement. Oral awards shall be made only when mutually agreed upon by
both parties. (191)
* * *
The decision of the arbitration board, which shall be by a majority of its members, shall be rendered
in writing.
The arbitration board shall forthwith deliver a copy of its decision to the division, the union, and
the em ployee either personally or by mail.
(147)
Each case shall be considered on its merits and the collective agreement shall constitute the basis upon
which decisions shall be rendered. (131)
Specifications occa sio n a lly related to other a sp e cts, such as stipulating the
amount of d a m a g es, rights of the p a r tie s , and prohibiting publication of the award
except by mutual agreem ent:
The arbitrator shall submit a written determination of his award, including his findings of fact and
conclusions of liability, if that is in question, amount of damage, if any, and the rights of
the parties.
(226)
*
*
The award of the impartial arbitrator shall not be published nor made public unless mutually agreed
to by the representatives of both the company and the union. (191)
R etroactivity of the Award
Rules relating to retroactive application of the term s of the award were
included in approxim ately 2 out of every 3 of the 416 contracts examined in d e
ta il.
In m o st in sta n c es, retroactivity was applicable only in cases of unjust
discharge and d isc ip lin e , adjustm ent of rates on new or changed jo b s , new in
cen tiv es, or m a tters involving s im ila r inequ ities.
A few of the p rovisions r e
lated to all aw ards; a few others did not m ention the scope of applicability.
A g reem en ts often left the m atter of retroactivity to the discretion of the
a rb itra to r, usually with a lim itation on the period of retroactivity. In som e in
sta n ce s, no m axim um was set on the period of adjustm ent or the amount of
back pay.
The arbiters shall in their decision specify whether or not the decision is retroactive and the e ffe c
tive date thereto.
(227)
The decision of the arbitrator may or may not include back pay, provided, however, that any back
pay award shall not be in excess of 60 days or to the date of discharge or disciplinary suspension,
whichever is less.
(228)
If the impartial chairman finds that the employee was discharged without just cause, he shall order
reinstatement and may require the payment of back pay in such amount as in his judgment, the
circumstances warrant. (84).
78
A few of these agreem en ts im plied that the determ ination of retroactivity was left
to the a rb itra to r.
. . . No grievance shall be subject to retroactive pay more than 30 calendar days prior to the date
the grievance was written. (229)
Other contracts stipulated that the award was to be re tro a c tiv e, and s p e c i
fied the retroactive period— fro m the tim e the disputed event o ccurred or the
grievance was fir s t submitted— or provided for paym ent to the grievant for all
tim e lo st.
In any dispute involving a discharge a finding by the arbitrator that such discharge was without cause
shall be retroactive to the date of wrongful discharge. (115)
*
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The award in all arbitration cases shall be retroactive to the date when the grievance arose.
(230)
If this decision /arbitrator's award/ favors the employee, it shall be retroactive to the date on which
the dispute was presented in writing by the union representative to management . . . (231)
'r
In the event it should be decided under the rules of this agreement that an injustice has been dealt
the discharged em ployee, the company shall reinstate such em ployee to his former position and pay
full compensation for tim e lost. (90)
In som e con tra cts, paym ent for tim e lost was lim ited to a m axim um number of
days p rio r to presentation of the grievan ce.
This lim itation was som etim es
waived if the lo ss of com pensation resulted fro m an e rro r in company re co rd s:
Any em ployee caused to suffer any loss of compensation through company action, shall, if upheld
in grievance or arbitration proceedings . . . be reimbursed for such loss . . . provided that no ad
justment of compensation shall be retroactive beyond 30 calendar days prior to the date the grievance
was first submitted to the company in writing. The parties agree, however, that adjustment of co m
pensation shall not be lim ited retroactively to 30 calendar days as described above when the loss of
compensation results solely from clerical error as established by the company records. (232)
In a few of these con tra cts, the period specified was subject to change by the
arbitrator or by mutual consent of the p a rtie s.
A ll grievance settlements or arbitration awards shall be retroactive to the date of the occurrence
unless otherwise mutually agreed or otherwise determined by the arbitrator . . .
If a suspension or
discharge should be revoked by the company or not sustained in arbitration proceedings, the company
w ill reinstate the em ployee and pay full compensation at the em ployee's regular rate for the tim e
lost except that a lesser settlement may be agreed to by the em ployee, grievance com m ittee
and company.
(233)
V arious other rules and guidelines found in som e contracts included the
following: Extension of the period was perm itted under sp ecific c ircu m sta n c e s,
usually because the grievant had no p rior knowledge of the b a sis for a c la im ,
or if a nonrecurring grievance was filed within a reasonable tim e; deductions
from back pay w ere to be m ade for any other earnings received during lo st
tim e , or for unemploym ent com pensation received ; lo st tim e was credited to the
grievant, as tim e worked under the SUB and retirem en t plans and for vacation
79
pu rp o ses. Included in the following illustrations are detailed clau ses which p r o
vide different retroactivity rules for different types of is s u e s .
No claims, including claims for back wages, by an em ployee covered by this agreement, or by the
union, against the corporation shall be valid for a period prior to the date the grievance was first
filed in writing unless the circumstances of the case made it impossible for the em ployee, or for
the union as the case may be, to know that he, or the union, had grounds for such a claim prior to
that date, in which case the claim shall be lim ited retroactively to a period of 30 days prior to the
date the claim was first filed in writing. (104)
If the arbitrator shall award back wages covering the period of the em ployee’ s separation from the
payroll of the employer, the amount so awarded shall be less any unemployment compensation re
ceived or compensation which the employee would not have earned had he not been suspended
or discharged. (234)
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A ll decisions of the arbitrator shall be effective as of the date the decision is rendered except as
otherwise provided in this agreement.
Exceptions: "The employer shall notify the union in writing of his intention to install machinery of
a_ type not previously used by the employer.
In the event that the parties cannot agree upon such
/_new or revised/ rates within 8 weeks after the installation of the machinery, the matter shall be
submitted to the arbitrator. The arbitrators decision shall be rendered within 10 days after the
hearing and shall be effective as of the date the machinery was put into operation. "
. . .
If the arbitrator finds that an employee was unjustly discharged, he shall order the employee
reinstated with back pay for time lost. (175)
*
>!< *
Except as specifically provided— /b e lo w /, retroactivity of grievance /_and arbitration/ settlements . . .
shall be lim ited to the date the grievance is presented in writing in the grievance procedure. Except:
(1)
Where the circumstances made it impossible for the em ployee, or for the union, as the case
may be, to know that he, or the union, had grounds for such claim prior to that date, or
(2)
Where the grievance is not recurring in nature, (does not recur on subsequent days) and the
grievance is filed in writing within a reasonable tim e, in which case the claim may be retro
active to a date not more than 60 days prior to the date that the grievance was presented in
writing in the grievance procedure. Where no wage loss has been caused by the company's
action com plained of, the company shall be under no obligation to make monetary
adjustments. . . .
. . .
In the event that, as a result of such a grievance, the disputed production standard is found
to be improper, the corrected production standard w ill be made retroactive to the tim e the tim estudy was actually started (the performance tim e of the first element of the timestudy is recorded) or
the date of the establishment of such disputed production standard, whichever is earlier.
. . . Should it be decided under this article that there was not good cause for the disciplinary meas
ure imposed and that such disciplinary measure should be set aside, or that the disciplinary measure
taken cannot be deem ed reasonably necessary and that such disciplinary measure should be modified,
the company agrees to reinstate the em ployee in accordance with such decision and all hours he would
otherwise have worked in accordance with such decision shall be counted as hours worked in determining
credit units under the supplemental unemployment benefit plan, pension credits under the noncontributory
retirement plan, and for vacation purposes. The company further agrees to pay any wages due theem ployee as a result of such decision in accordance . . . with the following:
A ll claims for back wages shall be lim ited to the amount of wages the em ployee would otherwise
have earned from his employment with the company during the periods as above defined, less
the follow ing:
(1)
Any unemployment compensation which the em ployee is not obligated to repay or which he
is obligated to repay but has not repaid nor authorized the company to repay on his behalf.
(2)
Any benefits or payments paid or payable to the em ployee under any supplemental unem ploy
ment benefits plan.
80
(3)
Compensation for personal services other than the amount of compensation he was receiving
from any other employment which he had at the time he last worked for the company and which
he would have continued to receive had he continued to work for the company during the
period covered by the claim .
Wages for total hours worked each week in other employment in excess of the total number of hours
the employee would have worked for the company during each corresponding week of the period c o v
ered by the claim , shall not be deducted, (199)
Awards by the arbitrator may or may not be retroactive as the equities or particular cases may d e
mand, but the following limitations shall be observed in any case where the arbitration award is
retroactive:
(1)
The effective date for adjustment of grievances relating to:
(i)
Suspension and discharge cases or cases involving rates of pay for new or changed jobs or new
incentives shall be determined in accordance with the provisions of article __ , suspension and
discharge cases, and article __ , wages, respectively, of this agreement,
(ii)
Seniority Cases— not more than 5 days prior to the date the em ployee filed a written grievance
in step 2 of the grievance procedure.
(iii) Rates of pay (other than new or changed jobs or new incentive), shift differentials, overtime,
ca ll-in pay, holidays, vacations, and guaranteed pay shall be the date of the occurrence or
nonoccurrence of the event on which the grievance is based, but in no case prior to a date
30 days before such grievance shall have first been presented in written form in step 2 of
the procedure.
(2)
The effective date for adjustment of grievances involving matters other than those referred to
in paragraph (i), (ii) and (iii) above, shall be no earlier than the date the grievance was first
presented in written form in the second step of this article __ , adjustment of grievances.
. . . Right of Modification of Discharge or Suspensions with Full or Partial Back Pay in Arbitration.
In the event the suspension or discharge of an em ployee is referred to an arbitrator, he may order
reinstatement and/or partial or full back pay. No back pay, however, shall be awarded or increased,
due to any delay beyond the time limitations prescribed by this agreement for which either the em
ployee involved or union is responsible.
. . . any employee shall claim that by reason of any change or other event specified in section __
of this article which shall occur, his incentive standard has becom e unreasonable and unfair, he may
initiate a grievance in respect thereof, . . .
If, in the determination of such grievance, such in
centive standard shall be changed, the new incentive standard shall be established on the principle
that the new incentive standard shall be fairly and reasonably designed to encourage production and
to provide equitable incentive compensation over and above the standard hourly wage rate. In such
a case, retroactive payment may not go back prior to the date the written grievance was filed.
. . .
if the arbitrator shall decide that such new incentive standard is fairly and reasonably designed
to encourage production to and provide equitable incentive compensation over and above the standard
hourly rate, he shall dismiss the grievance. Otherwise, he shall direct that the new incentive standard
be revised so as to provide equitable incentive compensation over and above the standard hourly rate
so that such standard w ill be fairly and reasonably designed to encourage production, and such newly
established incentive standard shall be retroactive to the date such change of event took place. (113)
Tim e L im its and the A w ard . Although nearly all contracts set a tim e lim it
on one or m o re stages of the arbitration p ro c e ss , only 23 of the 416 specified an
o v era ll tim e lim it from exhaustion of the grievance procedure to rendering the
decision . H ow ever, the tim e lim it in som e of the 23 was exclusive of the tim e
during which an outside agency was to se le c t an a rb itra to r, for which no lim it
was stipulated.
In this study, the o v erall lim it was determ ined by totaling the
tim e allowed for each stage of the p roced u re, as the 23 contracts did not specify
the o v era ll tim e as such. Three weeks to 2 months were allowed in m o st of the
23 con tracts.
A few allowed between 2 and 3 m onths, and a few others ranged
81
fro m 6 days
tim e lim its.
to 1 y e a r.
Following are exam ples of clau ses specifying o v era ll
In the event the grievance is not settled in step 3, then within, but not later than 10 calendar days
after the company shall have rendered its decision the grievance may be submitted by the em ployee,
or employees involved for arbitration, and shall be handled as follows: The com plaint shall be re
ferred in writing to a com m ittee o f arbitration which shall consist of three disinterested parties, one
to be selected by the company, one to be selected by the union, and the third, serving as the im
partial chairman, to be selected by the two thus selected. In the event of disagreement by the two
on ch oice of the third member, within 5 calendar days, then the third shall be appointed by the
Director of the Conciliation Service of the United States Department o f Labor, or his successor. Each
party shall set forth in writing its position on any matter of arbitration and submit it to the chairman
prior to the hearing; provided, however, that either party may submit further statements and information
during the hearing. The com m ittee o f arbitration shall promptly hear the matter and shall, within
30 consecutive days from the appointment of the impartial chairman, render its decision, which d e
cision shall be final and binding upon the parties to this agreement. (90)
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Any grievance as to the meaning or application of the provisions o f this agreement which is not
satisfactorily settled under step 3A or 3B may be submitted by either party for arbitration upon written
notice to the other party within 30 calendar days after receipt of the written answer.
The company or the union shall request the Federal Mediation and Conciliation Service on all
pending cases and within 10 calendar days after notice under paragraph A above, to furnish a panel
o f arbitrators which the company and the union shall separately rate and request that the Federal
Mediation and Conciliation Service designate the arbitrator, selecting the arbitrator who receives the
highest com bined rating. Only one grievance may be heard before the designated arbitrator, except
where the parties agree otherwise. . . .
The decision o f the arbitrator shall be final and binding on the company, the union, and the em
ployees, except that the arbitrator shall have no power to add to, subtract from, or modify any of
the terms of this agreement or any agreements made supplementary hereto. The arbitrator shall
be asked to render his decision within 15 days after the case is presented for arbitration. (232)
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Cases not appealed to the umpire within 21 days from the date of a final decision given after
review in an appeal com m ittee meeting shall be considered settled on the basis of the decisions
so given; . . .
After a case has been appealed to the umpire . . . the briefs of both parties shall be filed with the
umpire within 21 days from the date of receipt o f the "N otice of A p p e a l."
It shall be the function of the umpire after due investigation and within 30 days after submission
of the case to him, to make a decision . . . (55)
A number of contracts which did not include an o v era ll tim e lim it set a
lim it on the tim e allowed to render a d ecisio n , either from the date of appoint
m ent of the a rb itra to r, from sub m ission of the c a s e , or fro m the c lo se of h e a r
in gs. T im e lim its in these p rovisions ranged from 1 week to 1 month. A few ,
h ow ever, stipulated that the validity of the award was not affected if the award
was rendered later than the tim e allow ed. One con tract, in addition, perm itted
either party to request a new arbitrator if the decision was not rendered within
the tim e stipulated.
Shorter tim e lim its w ere so m etim es specified for d i s
charge c a s e s .
The arbitrator's decision must be rendered within 30 days of presentation of the case to the arbitrator.
Failure of the arbitrator to make his decision within the allotted time w ill permit either or both
parties to the agreement to request that a new arbitrator be obtained in the manner prescribed in
s e c t io n __ .
If the arbitrator’ s decision is rendered later than 30 days, it is still binding upon
both parties. (235)
*
❖
*
82
The arbitrator shall decide any dispute submitted to him within 10 days after submission, except in
all discharge cases where the decision shall be rendered within 1 week. The failure o f the arbitrator
to render a decision or award within the aforesaid prescribed tim e, shall not affect the validity of
said award. (175)
*
*
*
The arbitrator shall render his decision not later than 10 days after he has com pleted his hearing on
the grievance unless mutually agreed otherwise but in any event within 30 days. (236)
*
*
*
The arbitrator shall render a decision, in writing, to both parties within 15 days after the closing
of the hearing . . .
(237)
*
*
*
The impartial arbitrator shall m ail a copy o f his opinion to the secretary of the authority, to the
union and, where the appeal is taken by an individual, to such individual, within 5 working days
after the close of the hearing before him. (158)
S om e c o n tr a c ts p e r m itte d e x te n sion o f the tim e lim it by m utual a g re e m e n t
o f the p a r tie s :
The process o f arbitration shall be carried out as expeditiously as possible. The arbitrator shall
render his decision in writing not later than 2 calendar weeks after he has taken the matter under
submission, unless such tim e is extended by mutual agreement o f the parties. (208)
B oth the A A A and the FM CS
c lo s e o f h e a rin g s o r tra n sm itta l o f
o r r e q u ir e d by l a w . 28 T his tim e
p r o v is io n s s p e c ifie d A A A o r FM CS
s p e c ifie d 30 days to re n d e r the aw ard a fter
fin a l sta te m e n ts, u n less o th e rw is e a g re e d to
lim it w ou ld , o f c o u r s e , be a p p lica b le w h ere
proced u res.
M any oth er co n tr a c ts w h ich did not set tim e lim its stipu lated that the d e
c is io n w as to b e r e n d e re d p r o m p tly .
The arbitrator or arbitrators shall promptly make any investigation, hear such evidence and testimony,
and consider such matters as may be material, and shall as promptly as possible reach a decision. (209)
T im e L im its f o r C o m p lia n ce With the A w a rd . O nly 18 o f the 416 co n tra cts
s p e c ifie d a tim e lim it f o r c o m p lia n c e with the aw ard. The m ax im u m tim e ranged
fr o m 1 to 30 d a y s, m o s t fre q u e n tly fr o m 1 to 3 d a y s.
A fe w oth er co n tra cts
m e r e ly stipu lated that the aw ard was to be co m p lie d with p r o m p tly , o r s p e e d ily .
P e n a ltie s fo r n o n co m p lia n ce w e r e in clu d ed in th ese c o n tr a c ts , as w e ll as in o th e rs
w h ich did not s p e c ify a tim e lim it f o r c o m p lia n c e . M ost c o m m o n w e re cla u s e s
p e rm ittin g w a iv e r o f the s t r ik e -lo c k o u t ban; o th e rs p e rm itte d c a n ce lla tio n o f the
co n tr a c t.
A fe w a lso gran ted the com p an y the righ t to d is c h a r g e an e m p lo y e e
who r e fu se d to c o m p ly w ith the aw ard.
Illu s tr a tiv e c la u s e s a re in clu d ed in the fo llo w in g ch a p ter.
See appendix B.
Chapter VII. Strike and Lockout Bans; Cancellation of Contract
A lthough the g r ie v a n c e and a rb itra tio n p r o c e d u r e s outlined in c o lle c t iv e
b a rga in in g c o n tr a c ts p r o v id e the b a s is fo r o r d e r ly and p e a c e fu l solu tion o f d i s
putes a r is in g out o f d a y -t o -d a y o p e r a tio n s , add ition al sa feg u a rd s in the fo r m o f
s tr ik e and lo ck o u t r e s t r ic t io n s w e r e in c o rp o r a te d in m any c o n tr a c ts .
T h ese
w e r e d e sig n e d not on ly as e x tra a ss u ra n ce that the g rie v a n ce and a rb itra tio n
m a c h in e r y w ould be fu lly u se d , but a lso that no stop p ag es w ould o c c u r during
the te r m o f the co n tr a c t even w h ere th ere w as no a g reem en t to a rb itra te o r
w h ere the disp u te w as not s u b je c t to the g r ie v a n c e p r o c e d u r e .
The nature o f
n o - s t r ik e -n o - lo c k o u t p le d g e s is exa m ined in this ch a p ter.
T his ch a p ter a ls o t r a c e s the in te rre la tio n sh ip betw een the g r ie v a n c e and
a r b itra tio n p r o c e d u r e s and s trik e and lock o u t bans and illu s tr a te s the c i r c u m
sta n ce s in w h ich s tr ik e s o r lo ck o u ts m a y o c c u r during the te rm p f a g reem en ts
without v iola tin g the a g re e m e n ts.
M any a g re e m e n ts in clu d e pen a lty cla u s e s as a d e te rre n t to s tr ik e s and
lock o u ts w hich a r e in v io la tio n o f the c o n tra ct.
T h ese pen alty cla u s e s m ay
apply to the in d ivid u a l w o r k e r , the u nion, o r to the e m p lo y e r , and in clu d e d i s
c ip lin a r y a ction o f the w o r k e r , p e n a lties im p o se d upon the union o r union s te w
a r d s , co m p e n s a tio n by the com p a n y o f lo s t w ages b e ca u s e o f ille g a l lo c k o u ts ,
and ca n c e lla tio n o f the co n tr a c t by the a g g rie v e d p a rty .
A b r ie f d is c u s s io n o f
c a n c e lla tio n c la u s e s is in clu d ed in this ch a p ter; oth er a s p e cts o f c o n tra ct e n
fo r c e m e n t w ill be c o v e r e d in a su bsequent study in this s e r ie s .
M any o f the a g re e m e n ts exa m in ed s p e c ific a lly r e s t r ic t e d strik e s and l o c k
ou ts; o th e rs m en tion ed on ly s t r ik e s . On the a ssu m p tion that a n o -s t r ik e p led g e
g e n e r a lly im p lie s that the e m p lo y e r w ill not lo c k out his e m p lo y e e s , the te rm
" s t r i k e s '1 is u sed in this ch a p ter to in clu d e lo ck o u ts .
S om e o f the co n tr a c ts d efin ed s tr ik e s to in clu d e w ork sto p p a g e s, in te r r u p
tion o r im pedin g o f w o rk , sitd o w n s, slow d ow n s, e tc.
The lock ou t r e s t r ic t io n
was c la r if ie d , in s o m e in s ta n c e s , by sp e cify in g that shutdowns due to sh o rta g e s
o f m a t e r ia ls , la ck o f b u s in e s s , p r o d u ctio n d iffic u lt ie s , e tc. w e r e not to be c o n
s id e r e d lo ck o u ts ;
Reduction in operations determined upon by the company by reason of lack of sales or reduced
volume o f sales shall not be a lockout under this agreement.
(238)
N o -S tr ik e , N o -L o c k o u t P r o v is io n s *
R e s t r ic t io n s on s tr ik e s and lo ck o u ts o v e r d isp u tes a ris in g during the te rm
o f the a g re e m e n t w e r e found in 1 ,5 3 7 o f the 1 ,7 1 7 co n tra cts a n alyzed (table 7).
S ligh tly le s s than h a lf (757 o f the 1 ,5 3 7 ) s p e c ifie d an a b solu te ban.
The r e
m a in d e r o f the p r o v is io n s (780) m a in ly lim ite d the s trik e ban to d isp u tes su b je ct
to g r ie v a n c e a n d /o r a r b itra tio n p r o c e d u r e s ; w aived the ban fo r s p e c ific v io la tio n s
o f the a g re e m e n t; o r p e rm itte d s tr ik e s a fter exhaustion o f the g r ie v a n c e p r o
ce d u r e .
The la tte r grou p c o n s is te d o f a g reem en ts with no p r o v is io n f o r a r b i
tra tio n , o r w h ich p r o v id e d f o r a rb itra tio n by m utual con sen t on ly.
83
84
T a b l e 7.
Strike and L o c k o u t
P r o v i s i o n s in M a j o r
C ollective B argaining A g r e e m e n t s
by Industry,
1 9 6 1 —6 2
( W o r k e r s i n t h o u s a n d s ) __________________________
T y p e of s t r i k e - l o c k o u t p r o v is io n
T o t a l wit h
strik e /lo c k
out p r o v i s i o n
Industry
Agree
m ents
A l l in d u strie s
M a n u f a c t u r i n g _________________
Agree
m ents
W ork
ers
1,537 6 , 8 2 9 . 4
757
3 ,019. 7
351
1, 9 8 1 .
997 4 ,2 4 0 . 5
533
1,988. 7
200
O r d n a n c e a n d a c c e s s o r i e s ____
F o o d a n d k i n d r e d p r o d u c t s ____
T o b a c c o m a n u f a c t u r e s _________
20
110
8
T e x t i l e m i l l p r o d u c t s ___________
A p p a r e l and oth e r fin ish e d
p r o d u c t s ____________________________
L u m b e r and wood p ro d u c ts,
e x c e p t f u r n i t u r e _________________
F u r n i t u r e a n d f i x t u r e s _________
P a p e r a n d a l l i e d p r o d u c t s _____
P r i n t i n g , p u b l i s h i n g , and
17
56
a l l i e d i n d u s t r i e s ________________
C h e m i c a l s and a llie d
p r o d u c t s ____________________________
P e t r o l e u m r efin in g and
r e l a t e d i n d u s t r i e s ________ _____
R u b b er and m i s c e l l a n e o u s
p l a s t i c s p r o d u c t s _______________
L e a th e r and lea th e r
p r o d u c t s ___________________________
Ston e , c l a y , and g l a s s
p r o d u c t s ____________________________
P r i m a r y m e t a l i n d u s t r i e s _____
F a b r i c a t e d m e t a l p r o d u c t s -----M a ch in e ry , except
e l e c t r i c a l __________________________
E le c tr ic a l m a c h in e r y , equip
m e n t , a n d s u p p l i e s ____________
T r a n s p o r t a t i o n e q u i p m e n t _____
In str u m e n ts and relate d
p r o d u c t s ____________ _______________
M isc e lla n e o u s m anufacturing
i n d u s t r i e s __________________________
N o n m a n u f a c t u r i n g ___________
M ining; crude p e trole u m
a n d n a t u r a l g a s p r o d u c t i o n __
T r a n s p o r t a t i o n 6 ___________________
C o m m u n i c a t i o n s __________________
U t i l i t i e s : E l e c t r i c a n d g a s ___
W h o l e s a l e t r a d e __________________
R e t a i l t r a d e ________________________
H o t e l s a n d r e s t a u r a n t s _________
S e r v i c e s ______________________________
C o n s t r u c t i o n _______________________
M iscellaneous nonm anu
f a c t u r i n g i n d u s t r i e s ___________
W ork
ers
1
Ban over
A b s o l u t e ba n
is s u e s subject
d u r i n g t e r m of
to g r i e v a n c e
agreem ent 1
arbitration 1
2
Agree
m ents
W ork
ers
S tr ik e /lo ck
out p e r m i t t e d
Ban w aived
after e x h a u s
if a g r e e m e n t
ti o n of g r i e v
violated 3
ance p r o c e
dure 4
Agree
m ents
W ork
ers
9
3 33
1, 3 8 6 . 0
92
434. 2
4
7. 7
180
609. 1
1, 2 9 6 . 1
1 96
793. 0
67
160. 2
1
2. 6
48
110. 9
Agree W ork A gre e W ork Agree W ork
m ents
ers
m ents
ers
ers
m ents
5
5
3
5
14
56
2
16
53.
1 5 2„
3.
35.
0
4
0
5
2
31
1
7
5. 0
7 1.3
2. 3
14. 1
4
20
1
6
9. 6
114. 8
29
67.
345.
13.
78.
53
456. 2
12
187. 9
1
2. 6
40
265. 7
12
22. 6
30. 8
4
1
1. 4
2
4
-
5. 9
-
6
3
6. 0
1 3. 0
4. 4
122. 9
8. 0 !
7
52
11. 9
117. 3
L 1
28. 9
2
4
-
4. 4
6 .9
-
8
4
2
-
-
-
-
-
-
5
1
7. 3
1. 2
-
-
1
3. 5
2
1
2. 4
3. 0
-
-
-
3
7. 6
-
-
3
5. 2
-
31
63. 3
15
26. 8
8
10. 2
8
26. 4
-
50
96. 8
36
67. 5
4
5. 9
7
13. 1
3
15
49. 2
8
24. 9
5
2 1.0
2
3. 3
-
-
-
-
-
29
126. 2
13
29. 9
11
63. 6
5
32. 8
-
-
-
-
-
-
18
65. 7
10
34. 2
2
11. 0
6
20. 5
-
-
-
-
1
1. 3
38
108
50
102. 6
621. 0
137. 6
23
64
66. 5
7
27
10
17. 1
76. 3
24. 4
6
5
10
16. 8
9. 8
23. 3
2
12
1
2. 3
25. 3
29
509. 7
88. 9
1. 0
-
-
3
5
2
7. 8
6. 6
3. 2
1 01
289. 5
55
110. 8
20
117. 2
19
49. 7
7
1 1. 8
-
-
5
21.4
1 01
116
414. 8
1 ,0 6 1 .8
46
56
133. 7
303. 8
20
24
8 1 .2
11
22. 3
-
-
33
177. 7
660. 8
8
29. 7
19
67. 5
-
-
4
4
6. 3
12. 7
24
53. 5
12
17. 6
4
6. 4
8
29. 5
-
-
-
-
-
-
2. 4
6
13. 6
-
“
-
-
685. 8
137
593. 0
25
274. 1
3
5. 1
2.
147.
2.
7.
10.
105.
11
233. 1
-
-
-
-
11
21. 9
540 2 , 5 8 8 . 9
16
99
24
73
12
99
31
39
147
-
235. 3
629. 4
207. 5
185. 2
22. 5
2 71 .5
156. 6
143. 2
737. 9
-
3
5. 9
2
224
1,031. 0
151
10
33
15
54
3
46
12
20
31
204. 9
182. 5
124. 0
144. 2
7. 2
121 .6
4 1 .4
85. 6
4
24
7
15
4
18
11
5
63
27.
65.
80.
32.
5.
43.
55.
6.
368.
-
-
-
119. 7
-
9
9
6
6
0
0
8
6
6
2
31
2
3
5
34
8
12
40
-
59. 4
47. 9
-
-
1
1. 1
1
2. 0
209. 2
11
37. 4
2
3. 1
23
-
-
-
1
1. 3
-
-
-
-
1. 2
-
-
-
1
-
-
4
57 of t h e s e a g r e e m e n t s did not p r o v i d e
f o r a r b i t r a t i o n ; the r e m a i n i n g
and
airline
-
35 p r o v i d e d f o r a r b i t r a t i o n by m u t u a l
industries.
B e c a u s e o f r o u n d in g , s u m s o f in d iv id u a l ite m s m a y not eq u a l t o t a ls .
132
2
16
56
6
1
7
6
14
-
6
9
9
2
3
8
10. 4
5 2 of these a g r e e m e n ts — 1
m u l t i p l a n t and
1 m u l t i c o m p a n y — r e f e r r e d to
strik e/lo ck o u t provisions
at l o c a l l e v e l s ; 1 p e r m i t t e d s t r i k e s f o r an y " j u s t i f i a b l e " r e a s o n ; the fo u r t h b a n n e d s t r i k e s d u r i n g the f i r s t
agreem ent.
E xclu des railroad
.
15. 0
12. 5
2. 7
2. 6
-
In clu d e s 6 a g r e e m e n t s wh ich p r o v id e d fo r a r b it r a t io n by m u tu al con sen t only.
I n c l u d e s 4 4 a g r e e m e n t s w h ic h e x p l i c i t l y p e r m i t s t r i k e s o v e r i s s u e s not s u b j e c t to a r b i t r a t i o n .
In clu d e s 5 a g r e e m e n t s which p r ovid e d for a r b it r a t io n by m u tu al con sen t only.
6
.
1
-
1
2
3
NOTE;
No ban
on s t r i k e /
lockout
Other 5
1
consent
498. 2
2. 5
51. 8
293. 8
67. 2
9.
2.
18.
14.
34.
9
7
4
7
6
2. 9
only.
to b e n e g o t i a t e d
year of a 2 -y e a r
85
With the exception of the com m unication industry, strike restrictio n s were
found in the m a jo rity of the agreem ents in each industry, and w ere slightly
m ore prevalent in manufacturing than in nonmanufacturing.
In com m unications,
only 24 of 80 agreem ents analyzed provided strike re stric tio n s. Although nearly
all of the agreem ents in this industry included grievance and arbitration m a
chinery, only one-fourth of the agreem ents which provided for such m achinery
considered all disputes subject to arbitration.
Absolute Strike Ban.
A ll of the 7 57 contracts with an absolute ban on
strikes included grievance p ro ce d u res, and all but 9 provided for arbitration
(table 8). Even though 594 of these contracts excluded som e issu e s from a r b i
tration, strikes over the excluded issu e s also were prohibited by the absolute
ban (table 9).
A ll disputes were arbitrable under 154 c o n tra c ts;29 and only
specific issu e s w ere excluded fro m arbitration in 59.
A rbitration was lim ited
to disputes involving interpretation, application, or violation of the contract in
529; and further exclusions were listed in 6.
Som e of the absolute nn o -s tr ik e " clau ses w ere very brief:
There shall be no strikes, lockouts, or stoppages of work during the period of this agreement.
(239)
The provision s w ere often m ore detailed, and explicitly prohibited any kind of
work interruptions, and, in many in sta n ces, prohibited encouragem ent of such
action by the union.
There shall be no strikes, work stoppages, or interruption or impeding of work. No officer or rep
resentative of the union shall authorize, instigate, aid, or condone any such activities.
No em
ployee shall participate in any such activities. . . .
There shall be no lockouts.
(240)
*
*
>;<
During the life of this agreement, the union agrees that there shall be no strikes, slowdowns, or
work stoppages for any cause whatsoever. The company agrees that there shall be no lockout for
any cause whatsoever. . . . (72)
A bsolute strike ban provision s w ere incorporated in contracts negotiated
by many unions.
The following tabulation lists those unions which have n egoti
ated at lea st 10 m a jo r contracts with an absolute ban, accounting for o n e-h alf
or m o re of the m a jo r contracts negotiated by each union.
Union
Steelworkers ----------------------------M ach inists--------------------------------IBEW-----------------------------------------IU E ---------------------- -------------------Oil, Chem ical -------------------------Textile Workers Union ------------Mine Workers (Dist. 50) ----------Building Services ---------------------Papermakers -----------------------------
^
Total
agreements
examined
Total agreements with
absolute strike or
lockout ban
120
94
92
47
31
24
20
19
17
Six of the 154 contracts provided for arbitration by mutual consent only.
98
47
56
25
20
13
15
11
15
86
Table 8.
Strike and L o c k o u t P r o v i s i o n s in M a j o r C o l le c t i v e B a r g a in in g A g r e e m e n t s With
a n d W i t h o u t G r i e v a n c e a n d A r b i t r a t i o n P r o v i s i o n s , 1 9 6 1 —6 2
( W o r k e r s in t h o u s a n d s )
G rievance
procedure
Total
Strike /lo c k o u t
provisions
Agreem ents
W orker s
Agreem ent s
No grievance
procedure
W ork
ers
Agree
m ents
W ork
ers
A rbitration
Agree
m ents
No arbitration
W ork
ers
Agree
m ents
W ork
ers
s t u d i e d ____________
1 ,71 7
7 ,4 3 8 . 4
1,69 7
7, 387. 7
20
50. 8
1 ,60 9
7,17 2 . 1
108
266. 3
W i t h s t r i k e / l o c k o u t b a n __________
A b s o l u t e b a n _________ ___________
L i m i t e d b a n ______________________
Banned over issu e s sub
j e c t to g r i e v a n c e a r b i t r a t i o n __________________
B a n n e d w a i v e d if a g r e e
m en t violated
_
1, 5 3 7
1 757
780
6,82 9 . 4
3 ,0 1 9 . 7
3 ,8 0 9 .7
1, 5 3 6
1 757
6,82 7 . 4
2. 0
_
6,66 2 . 1
3, 0 0 3 . 6
167. 3
779
1
2. 0
1 ,46 6
1 748
718
71
3,01 9 . 7
3, 8 0 7 . 7
1
_
3 ,6 5 8 .5
9
62
16. 1
151. 2
2 3 51
1 ,98 1 . 9
351
1 ,9 8 1 . 9
3 49
1 ,9 7 8 .6
2
3. 3
3 333
1, 3 8 6 . 0
3 333
1 ,3 8 6 .0
-
3 331
1 ,3 8 2 .9
2
3. 1
4 92
5 4
180
434. 2
2 92
3
1 61
.
4 35
57
1
37
142. 8
2. 0
Number
-
Strike /lo c k o u t p e rm itte d
a ft e r e x h a u stio n of
g r i e v a n c e p r o c e d u r e ____
O t h e r ____________________________
W i t h o u t s t r i k e / l o c k o u t b a n ______
1
2
3
4
5
See
See
See
See
See
NOTE:
footnote
footnote
footnote
footnote
footnote
1,
2,
3,
4,
5,
tab le
table
tab le
table
table
7. 7
609. 1
434. 2
5. 7
560. 3
.
1
2. 0
48. 8
19
291. 4
5. 7
3
1 43
510. 0
99. 1
7.
7.
7.
7.
7.
B e c a u s e of ro un d in g ,
T able 9.
s u m s of in d iv i d u a l i t e m s m a y not e q u a l t o t a l s .
S t r i k e a n d L o c k o u t P r o v i s i o n s in M a j o r C o l l e c t i v e B a r g a i n i n g A g r e e m e n t s
b y T y p e o f D i s p u t e S u b j e c t t o A r b i t r a t i o n , 1 9 6 1 —6 2
Total
P rovisions
Agree
W ork
m ents
ers
( W o r k e r s in th o u s a n d s )
B a n on s t r i k e /
A b s o l u t e ba n
lockout ove r
on s t r i k e /
is s u e s subject
to g r i e v a n c e
lockout 1
arbitration 1
2
A gree W ork
A g ree W ork
m ents
ers
m ents
ers
Ban waived
if a g r e e m e n t
violated 3
Agree
W ork
m ents
er s
Strike / lockout
perm itted after
e x h a u s t i o n of
Other 5
grievance p r o
cedure 4
A gree W ork
A g ree W ork
m ents
ers
m ents
ers
T o t a l wit h s t r i k e /
l o c k o u t p r o v i s i o n s _______
1, 5 3 7
6,829- 4
757
3,01 9 . 7
351
1 ,9 8 1 .9
333
1, 3 8 6 . 0
92
434. 2
4
7. 7
T o t a l wit h bo th a r b i t r a t i o n
and s t r ik e /l o c k o u t
p r o v i s i o n s _______ __________ _______
1 ,46 6
6,66 2 . 1
748
3, 0 03 . 6
349
1 ,9 7 8 .6
331
1 ,3 8 2 .9
35
2 91 .4
3
5. 7
315
1 ,5 1 9 . 1
154
638. 0
64
252. 9
83
385. 3
14
243. 1
88
464. 0
59
217. 9
18
2 02.4
11
43. 8
870
3, 2 0 4 . 7
529
1 ,9 1 8 . 7
163
594. 4
165
661. 1
11
27. 5
2
3. 1
1 91
2
1 ,4 6 5 . 7
6
229. 1
72
292. 8
10
20. 9
-
103
1
923. 0
8. 6
6. 0
-
-
1
2. 6
2
3. 3
2
3. 1
1
2. 0
S u b j e c t to a r b i t r a t i o n :
A l l d i s p u t e s _____________________
A l l d i s p u t e s , with s p e c i f i c
e x c l u s i o n s ______________________
In terp retation, application
a n d / o r v io la ti o n of
agreem ent
In terpretation, application
a n d / o r v i o l a t i o n with
s p e c i f i c e x c l u s i o n s ................
Other
T o t a l w i t h n o a r b i t r a t i o n , bu t
wit h s t r i k e / l o c k o u t
p r o v i s i o n s ___________________________
167. 3
1
1
2
3
4
5
See
See
See
See
See
NOTE:
f o o t n o t e 1,
footnote 2,
f o o tn o te 3,
footnote 4,
footnote 5,
tab le
tab le
tab le
table
tab le
71
-
16. 1
l
9
7.
7.
7.
7.
7.
B e c a u s e o f ro u n d in g , s u m s o f in d iv id u a l ite m s m a y not equa l to t a ls
-
57
-
142. 8
87
R e fle ctin g the p r o b le m o f a g reem en t c o m p lia n ce and e n fo rce m e n t am ong
la r g e n u m b ers o f s m a ll e m p lo y e r s , on ly 30 p e r c e n t o f the m u ltie m p lo y e r c o n
tr a c ts c o v e r e d in this study stipu lated an a b solu te ban on s tr ik e s and lock ou ts
as again st 60 p e r c e n t o f the s in g le -e m p lo y e r a g re e m e n ts.
L im ite d S trik e B a n s.
A ll but 2 o f the rem ain in g 780 co n tra cts with strik e
r e s t r ic t io n s lim ite d the p r o h ib itio n in s o m e m an n er sh o rt o f an a b solu te ban. The
two a g r e e m e n ts , one m u ltipla n t and one m ulti e m p lo y e r , gave no d eta ils on such
r e s t r ic t io n s , but r e f e r r e d to s trik e and lock ou t p r o v is io n s to be n eg otia ted at the
lo c a l le v e l. Of th ese 780 a g r e e m e n ts , 62 fa ile d to p r o v id e fo r a rb itra tio n (table 8).
The s trik e ban in 351 a g re e m e n ts a pp lied to d isp u tes s u b je ct to g r ie v a n c e
a n d /o r a r b itr a tio n .
Only tw o c o n tr a cts in this grou p did not p r o v id e fo r a r b i
tra tio n .
In 64, a ll disp u tes w e r e s u b je ct to a rb itra tio n , h en ce the s trik e ban
in th ese was equ iva len t to a n o -s t r ik e p le d g e fo r the te rm o f the a g re e m e n t
(table 9).
The rem a in in g 285 c o n tr a c ts in this grou p lim ite d the disp u tes that
w e r e su b je c t to a r b itr a tio n , th e re b y p r e s u m a b ly lim itin g the s trik e p ro h ib itio n .
A lthough r e la tiv e ly fe w (44) o f th e se e x p lic itly stated that s trik e s w ould be p e r
m itted o v e r d isp u tes not su b je c t to g r ie v a n c e and a rb itra tio n p r o c e d u r e s o r d i s
putes s u b je c t to a r b itr a tio n by m utual con sen t o n ly , the righ t to s tr ik e o v e r e x
clu d ed d isp u tes was not e x p lic itly w ithdraw n in the rem a in in g c o n tr a c ts . E x p lic it
p e r m is s io n to str ik e o v e r e x clu d ed is s u e s is con tain ed in the fo llo w in g c la u s e s :
As to any disputes subject to arbitration, the union agrees that it w ill not cause nor w ill its members
take part in any strike or work stoppage, and the company agrees that it w ill not cause any lockout.
As to any dispute not subject to arbitration, no strike, work stoppage, or lockout w ill be caused or
sanctioned until negotiations have continued for at least 5 days at the final step o f the bargaining
Thereafter any strike which occurs under such circumstances shall
procedure described in article __ .
not be deem ed to be a violation of this agreement, which shall continue to remain in full force
notwithstanding such strike.
(184)
* * *
There shall be no interruption or impeding of the work, work stoppage, strike, slowdown, or lockout
during the term o f this agreement except that the union shall have the right to strike only to resolve
a grievance concerning a new or changed incentive standard or the day or base rates for a new or
changed job classification in the event it strictly com plies with the follow ing procedure:
(a)
The grievance shall have been tim ely filed and processed through the third step of the griev
ance procedure in article __ .
(b)
Within 30 days from the receipt o f the company's answer in the third step (or, in case such
answer is not rendered within the tim e lim it, from the date such answer was due), the union
shall notify the company in writing that L o ca l__ and the international union have each author
ized (as provided in the union constitution) a strike of all employees in the unit as defined in
section __ hereof concerning such grievance and fixing a time not earlier than 5 working days or
later than 10 working days after the receipt by the company of said notice on which said strike
w ill begin. (241)
The fo llo w in g is a ty p ic a l c la u s e w hich ap p ea rs to open the p o s s ib ilit y o f
a s trik e o v e r d isp u tes ex clu d e d fr o m g r ie v a n c e a n d /o r a rb itra tio n p r o c e d u r e s .
T h is cla u s e w as taken fr o m a c o n tr a ct w hich extended the g r ie v a n c e p r o c e d u r e
to a ll g r ie v a n c e s , but lim ite d a rb itr a tio n to g r ie v a n c e d isp u tes in v olv in g in t e r
p re ta tio n and a p p lica tio n o f the c o n tr a c t.
Should any grievance or misunderstanding arise, an earnest effort shall be made to settle the matter
promptly . . .
If no satisfactory settlement is reached within a reasonable tim e and if the grievance relates to the
interpretation or application of the provisions of this agreement, it shall be referred, at the request
o f either party, to arbitration. . . .
During the life o f this master agreement, no strike in connection with disputes arising hereunder shall
be caused or sanctioned in any of the plants or other appropriate bargaining units covered by this
agreement by the union or by any members thereof, and no lockouts shall be ordered by the company
in connection with such dispute.
(242)
88
In 92 of the 780 contracts the strike ban was lim ited by prohibiting strike
action only until the grievance procedure was exhausted, after which strikes
w ere perm itted . These contracts either did not include arbitration (57) or p r o
vided for arbitration by mutual consent only (35).
In the la tte r, strike action
could be taken if either party did not wish to refer an unsettled dispute to
arbitration after exhaustion of the grievance m ach in ery.
Both types of clau ses
provide assurance that the full grievance m ach in ery w ill be utilized in an attempt
to reso lve disputes.
Pending a settlement of any dispute there shall be no work stoppage nor shall there be any work stop
page for any cause or dispute not brought before the joint conference com m ittee /grievan ce c o m
m ittee/.
If settlement cannot be reached within 1 week after the first meeting, then either party
is free to take other action.
(243)
Another 333 con tra cts, which banned strikes for the term of the contract,
or over disputes subject to grievance a n d /o r arbitration, or over other specific
is s u e s , made the ban contingent on com pliance with som e or all provisions of
the contract. 30 W aiver of the strike ban because of any contract violations was
perm itted in a lm ost 15 percent of the 333:
Further, although it is the desire of the parties to have all alleged violations of the agreement
referred to the arbitration board for its consideration and decision before any other action be taken,
the union shall have the right whenever, in its opinion, an employer violates the agreement, to
take whatever immediate action it deems necessary even though such action be taken prior to the
filing of a grievance or even while a grievance is pending.
The taking of action by the union is
permitted despite any other article and section of this agreement, . . . ; the taking of action by
the union shall not deprive the employer of its right to have any grievance filed relating to such
alleged violation of the agreement by the employer processed for consideration and determination
of the arbitration board.
Further, it is understood and agreed that where a violation of the agreement has been found by the
arbitration board to have been com m itted by an employer, the union shall have the right, in addi
tion to and regardless of any action taken by the arbitration board against the defaulting employer,
to avail itself of any rights which it may have arising out of a violation of this agreement by an
employer, including the right to take econom ic action regardless of anything contained in this
agreement.
(244)
Neither while a controversy is under submission as provided for in the grievance procedure, nor dur
ing the pendency of an arbitration, nor following one, nor while this contract shall be in force and
neither party has been determined to be in violation of any provision hereof shall there be resort
to a strike or lockout.
(245)
Specific violations w ere cited in the rem aining p ro v isio n s. A pproxim ately
70 percen t of the 333 contracts cited failure to use or com ply with the grievance
or arbitration p roced u re, or to abide by an arbitration award.
Strikes and Lockouts
The union agrees that there shall be no authorized strike, picketing, slowdown, stoppage, or other
drastic action during the life of this agreement unless the company shall refuse to com ply with the
grievance /and arbitration/ procedure set forth in articles__ a n d__ of this agreement.
The company agrees that there shall be no lockout during the life of this agreement, unless the
union or its members refuse to com ply with the grievance procedure as set forth in a rticles__ a n d__
of this agreement. (238)
It is further agreed that the union and the employees shall have the right to strike and the employer
shall have the right to lockout respectively, in the event that either party, as the case might be,
shall fail, neglect or refuse to abide by or perform as required by an arbitrator's award, within
5 days of its rendition.
(246)
30
Five o f these contracts provided for arbitration by mutual consent only; two did not provide for arbitration.
89
In the event that the company or the union shall fail or refuse to arbitrate any grievance or dispute
which is subject to arbitration by the terms of this agreement, or should refuse to abide by the
award of the arbitrators within 3 days after its issuance, the union shall have the unqualified right
to strike and the company shall have the unqualified right to lock out the employees in addition to
whatever other legal remedies either party may have; . . . (247)
✓,>
o-
In the event a member of the association refuses to abide by a decision of the impartial chairman,
the union shall give the association notice in writing of the refusal of its member to com ply.
If
at the expiration of 48 hours after such notice has been given by the union to the association, the
violating member of the association still refuses to com ply with the decision of the impartial chair
man, the union may at its option consider all its obligations under this contract terminated with
respect to the violating member of the association.
In the event a member of the union refuses to abide by a decision of the impartial chairman, the
association shall give the union notice in writing of the refusal of its member to com ply. If at the
expiration of 48 hours after such notice has been given by the association to the union, the violating
member of the union still refuses to com ply with the decision of the impartial chairman, the em
ployer may at his option discharge such a member of the union from the job.
(248)
>J«
>)i
5| C
. . . it is agreed that the union and its members, individually and collectively, will not, during
the term of this agreement, tolerate, cause, encourage, support, permit, or participate or take part
in any strike, picketing, sitdown, stayin, slowdown, or other curtailment or restriction of production
or interference with work in or about the company's premises, but w ill avail itself exclusively of
the procedure herein provided for the settlement of grievances, unless the company refuses to abide
by an arbitration award. (249)
M ore than one sp ecific exem ption was cited in many of the con tra cts, in
cluding a number of provisions which waived the strike ban because of grievance
and arbitration violation s. M o st prevalent of the reasons cited for such exem p
tions w ere the failure of the em ployer to fu lfill health and w elfare plan obligations
and to make proper wage or related paym ents.
During the term o f this agreement the employer agrees that it w ill not authorize any lockout of
employees and the union agrees that they w ill not authorize, aid or encourage any slowdown, strike
or stoppage o f work; provided, however, that the provisions of this section shall not apply (a) in the
event the employer is delinquent at the end o f a monthly period in the payment o f the contribu
tions required under a rticle__ /Health, welfare, and pension plaris7 hereof and after the proper official
o f the local union shall have given 72 hours written notice to the employer of such delinquency in
such payments, or (b) in the event the employer refuses to pay an employee in accordance with the
basic wage rate set forth in a rticle__ or (c) in the event a company refuses to pay an owner-operator
(250)
in accordance with the minimum percentage set forth in section __ o f a rticle___ .
During the term of this agreement there shall be no stoppage or strike by the union or the workers
of the employer for any reason or cause except in cases where the employer fails or refuses to pay
wages, vacation, holiday, or overtime or ca ll-in pay on their due dates; or fails or refuses to make
payments to the funds or fails or refuses to file reports therewith as provided in articles __ and __
hereof; or fails or refuses to com ply with decision of the arbitrator in connection with any claim ,
grievance, controversy or dispute, as provided in the next succeeding article; or where the workers
have stopped work by order or direction of the parent organization (or a council affiliated therewith)
of the union.
Such stoppages are hereby expressly authorized.
(200)
Am ong other exemptions which lifted the strike ban w ere the following:
Violation of the union secu rity provision
Changes without union approval:
Addition of new m achines
Establishm ent of new rates on new work
Adjustm ent of job cla ssifica tio n
Violation of shop regulations
U nfair labor p r a c tic e s, as determ ined by outside parties
Em ployer insistence on w orkers disregardin g picket line
Em ploym ent of nonunion contractors (apparel industry)
90
W aiver clau ses w ere m o st prevalent in association contracts in industries
such as apparel, tran sportation, reta il trad e, and construction.
The four rem aining p rovision s did not fa ll into any of the above ca teg o rie s.
Two agreem ents m entioned e a r lie r— one m ultiplant and the other m ultiem ployer—
stated that strike and lockout p rovision s would be negotiated at lo ca l le v e ls .
One agreem ent perm itted strike action for any "ju s tifia b le ” reason; and the other
prohibited strikes during the fir s t year of a Z -y e a r agreem en t. The latter con
tract did not provide for arbitration.
No Ban on S trik e s.
Of the 180 contracts which did not contain any e x
p licit strike re stric tio n s, 161 provided grievance procedures and 143 also in
cluded arbitration (table 8).
Nineteen a g re em en ts, all m u ltiem p lo y er, failed to
provide for grievance or arbitration p ro ce d u res.
Since arbitration is a m echan ism through which disputes m ay be settled
without str ik e s, the scope of arbitration in the 143 con tracts, as shown in the
following tabulation also m ay define the area of strike prohibition. Only 25 con
tracts guaranteed arbitration for any and all disputes.
ements
Workers
(in thousands)
Total ________________________________________
180
609. 1
With grievance and arbitration provisions__________
Type of disputes subject to arbitration:
A ll disp u tes___________________________________
A ll disputes, with specific ex clu sion s_________
Interpretation, application and/or violation
of agreement ________________________________
Interpretation, application, and/or violation of
agreement, with specific exclusions----------- Not clear _____________________________________
Without arbitration provision ______________________
With grievance procedure_______________________
Without grievance procedure____________________
143
510.0
25
5
81.8
11.2
48
131.7
64
1
37
18
19
283.8
1.8
99.1
50.3
48.8
NOTE: Because of rounding, sums of individual items may not equal totals.
Strikes and Lockouts During the T erm of the A greem en t
One of the purposes of this study, as explained in chapter 1, was to d e
term ine how strikes or lockouts m ay occur during the term of agreem ents with
out violating the a g reem en ts. A rigorous exam ination of the scope of grievance
procedures in a previous report in this s e r i e s ,31 and of the scope of g r ie v
ance arbitration and no strike and lockout pledges in this rep o rt, applied to all
1 ,7 1 7 m a jo r a g re em en ts, m akes fe a sib le a distinction between agreem ents that
prohibit strikes and lockouts without reservation and those that leave open the
p o ssib ility of a strike or lockout because of explicit lim itations on the scope of
the disp u te-settlin g m ach in ery.
This analysis deals with the le tte r, not the sp ir it, of the a g reem en ts.
Im plicit in all collective bargaining agreem ents is the hope that strik es or lo c k
outs during the agreem ent term can be avoided.
A g reem en ts m ay contain p r o
visions which appear to lim it the scope of disp u te-settlin g m ach in ery.
T ests
31
See BLS Bulletin 1425-1, op.
cit.
91
of these lim itations m ay never a r is e , since disputes still m ay be resolvable
through the e x e rc ise of good judgment before direct action is undertaken. N one
th e le s s , stoppages during the term of agreem ents occur frequently enough to
w arrant this scrutiny of agreem ent language.
D espite the widespread prevalen ce of grievance and arbitration procedures
and no strik e -lo ck o u t p le d g e s, a strike not constituting a violation of the letter
of the agreem ent is p o ssib le in about half of all m ajor agreem en ts:
How Strikes May Occur During the Term of Agreements Without Violating the Agreements
(1,717 major agreements)
Strikes banned
Strikes possible
Absolute ban on strikes (757)
Not all possible disputes subject to grievance
and/or arbitration (594)
No arbitration (9)
A ll disputes subject to arbitration (154)
Limited ban on strikes (780)
A ll disputes subject to arbitration (64)
Strikes banned over disputes subject to arbitra
tion but not all possible disputes subject to
grievance and/or arbitration (285)
Arbitration provided but strike ban waived if
agreement violated (331)
Arbitration required mutual consent (35)
No arbitration (62)
O ther(3)
No ban on strikes (180)
A ll disputes subject to arbitration (25)
Arbitration provided but not all possible disputes
subject to grievance and/or arbitration (118)
N o arb itration ( 3 7 )
Total agreements
--------------- (846)
(871)
Cancellation of the Contract
Follow ing is another explanation of how strikes or lockouts
during the term of agreem ents without violating the agreem ent.
m ay occur
C lauses which perm itted term ination of the contract in the event of con
tract violation w ere incorporated in 101 con tra cts, covering nearly one m illio n
w o rk ers.
The m eaning of contract cancellation clau ses is difficult to a s s e s s
in relation to the previous d iscu ssio n .
P re su m a b ly , if a union has grounds to
can cel, and does can cel, the contract of an em ployer m em ber of an association
agreem en t, or even perhaps of the association as a whole, a shutdown is alm o st
certain to follow .
This also m ay be the case when a sin g le -e m p lo y er contract
is canceled by the union.
On the other hand, in the event of em ployer c a n ce l
lations the resu lts are much le ss certain.
220-616 0
-
66-7
92
Violation of the strike or lockout clause was specified in nearly half of the
cancellation c la u se s, with som e of the concentration in transportation equipment
and apparel con tracts, A few clau ses were found in e le c tric a l m ach in ery, rubber,
com m un ication s, utilities and se rv ic e in d u stries; the rem aining w ere scattered
through various other in d u stries, m ainly m anufacturing.
F requently, the contracts set a tim e lim it after the " i ll e g a l" strike or
lockout occurred before the contract could be term inated.
This was typical in
the transportation equipment industry, as illustrated in the following excerpt
fro m the G eneral M otors agreem ent:
During the life of this agreement, the corporation w ill not lock out any employees until all of the
bargaining procedure as outlined in this agreement has been exhausted and in no case on which the
umpire shall have ruled, and in no other case on which the umpire is not empowered to rule until
after negotiations have continued for at least 5 days at the third step of the grievance procedure.
In case a lockout shall occur the union has the option of cancelling the agreement at any time
between the 10th day after the lockout occurs and the date of its settlement.
. . .
In case a strike or stoppage of production shall occur, the corporation has the option of can
celling the agreement at any time between the 10th day after the strike occurs and the day of its
settlement. (55)
In the apparel industry, cancellation because of violation of the strike or
lockout clause gen erally was lim ited to failure of the union in its obligation to
end any work stoppage, and of m anagem ent in its respon sib ility for ending a
lockout.
In either c a se , the existence of a substantial violation was to be d e
term ined by the im partial chairm an before the contract could be term inated:
Should the employees in any shop or factory cause a stoppage of work or shop strike, or should there
result in any shop or factory a stoppage of work or shop strike, notice thereof shall be given by the
association to the union. The latter obligates itself to return the striking workers and those who
have stopped work, to their work in the shop within 24 hours after the receipt by the union of such
notice, and until the expiration o f such tim e, it shall not be deemed that the striking workers have
abandoned their employment.
In the event of a substantial violation of this clause on the part of
the union, the association shall have the option to terminate this agreement. The existence or non
existence of such substantial violation shall be determined by the impartial chairman, as constituted
under this contract, on all the facts and circumstances. The union agrees that if the striking workers
fail to return to work within the stipulated tim e, it w ill forthwith state in writing and in the ap
propriate press or otherwise, that there is not a strike in or against such shop in which the work has
been stopped and that the shop is in good standing with the union and entitled to all the rights,
benefits and privileges provided for by the terms of this contract. Should any member of the asso
ciation cause a lockout in his or its shops or should there result in any shop or factory a lockout,
notice thereof shall be given by the union to the association. The association obligates itself, within
24 hours after the receipt of such notice, to terminate the lockout and to cause its members to reemploy the workers, and until the expiration of such tim e, it shall not be deemed that the e m
ployer has forfeited his rights under the agreement.
In the event of a substantial violation of this
article on the part of the association, the union shall have the option to terminate this agreement.
The existence or nonexistence of such substantial violation shall be determined by the impartial
chairman on all the facts and circumstances.
(251)
A few contracts did not specify a tim e lim it before term ination of som e
or all clau ses of the contract:
Stoppages of Work. The unlicensed personnel and the union agree that during the life of this agree
ment and for any period of negotiation for its renewal, and during any period of arbitration . . .
Members of the union participating in any such stoppage of work shall be subject to discharge by
the company. A violation of this provision shall render this agreement null and void at the option
o f the company.
Lockouts. The company agrees that during the life o f this agreement and any period of negotiation
for its renewal there shall be no lockouts of the unlicensed personnel. However, this section shall
not prevent the orderly termination by the company of the employment of any or all of the unlicensed
personnel on any vessels as and in the manner provided by the shipping articles nor shall it prevent
the discharge o f any member o f the unlicensed personnel for just cause. A violation of this pro
vision shall render this agreement null and void at the option of the union.
(252)
93
During the life of this agreement, there shall be no suspension of work, strikes, sitdowns, walkouts,
slowdowns, or picketing by the union. During the life of this agreement, the company agrees there
shall be no lockouts.
In the event that the union or the company shall violate the undertaking set forth in the preceding
paragraph of this article, the company or the union may, in addition to any other remedies avail
able to it, by written notice addressed to the other, terminate this agreement in whole or in part,
as it may see fit.
(253)
O ver 50 contracts perm itted cancellation because of other contract v io la
tions.
In addition, a few of those which specified strike or lockout violations
also perm itted cancellation for other contract violations:
Stoppage of Work
The union, in its own behalf and in behalf of the employees, agrees that during the life of this
agreement, as well as during the pendency of any proceedings before the adjustment com m ittee or
board of arbitration . . . there shall be no strikes, "sitdowns, " sympathy strikes or stoppage, picket
ing or cessation of work by the union or the employees . . . Upon the violation of this section, by
the union or any of the employees, this agreement may be terminated with respect to and by all
or any of the employers.
Lockouts
The employers agree that during the life of this agreement, . . . there shall be no lockouts of the
employees, and upon violation of this provision by the employers, this agreement may be terminated
by the union. . . .
Failure to Pay Agreed Wage Scale
If the employers deliberately breach their undertaking to pay the scale of wages set forth herein,
the union shall have the option to consider this contract null and void provided it serves 3 days'
written notice upon the employers of such intention.
Delinquent Employer. If an employer is delinquent for 30 days in the payment of the contributions
required of it under paragraphs __ and/or __ of this section, the union may terminate this agree
ment, as to the delinquent employer, by mailing each employer a notice to that effect by registered
mail, which notice shall specify the date as of which the contract shall be so terminated.
(254)
Violations frequently cited were the failure to exhaust the grievance a n d /o r a r
bitration proced u re, or to abide by the awards:
Annulment Under Certain Conditions
A refusal by the company or the union to exhaust the remedies provided by this agreement for the
final settlement of grievances through arbitration shall, at the option of the other party to the agree
ment, annul this agreement, upon written notice.
(255)
*
*
There shall be no suspension of work when any such arbitrable dispute arises, and while it is in
process of adjustment of arbitration or thereafter. In the event that either party refuses, after notice,
to proceed to arbitration, or fails to abide by the decision of the arbitrator, the other party, in
addition to any rights or remedies at law, may terminate this agreement.
(256)
Som e of the contracts set a tim e lim it for com pliance before cancellation
could be effected. A few agreem ents included the option to strike or term inate
the contract:
The unions and the employers agree that there shall be no strike or cessation of work or picketing
on the part of any employer's employees covered by this agreement, and no lockout on the part of
any employer during the term of this agreement. It is understood that this section does not deprive
a union of its right to terminate this agreement or strike with respect to any employer who fails to
com ply with any decision of any board of arbitration established hereunder within 5 working days after
such decision of a board of arbitration or within such additional time as the board may allow. (257)
94
Violation of the health and w elfare or pension provision s was cause for
term ination under se v e ra l con tracts. In m o st in sta n ces, the violation was lim ited
to failure to m ake proper contributions to the fund:
Trust Contributions. Individual employers who fail to remit regularly to any of said trust funds shall
be subject to having this agreement terminated upon 72 hours' notice in writing served by the union,
provided that the individual employer fails to show satisfactory proof that delinquent payments have
been paid to said trusts. If during the 7 2 -hour period the employer pays all monies due said trust
funds, the employer shall then be on probation for 6 months. If during such period of probation the
employer becomes delinquent with his payments to any of the said trust funds, the union may
terminate the agreement im mediately upon the serving of written notice of termination on the
employer.
(258)
A
few
included
any
violation
of the
w elfare
plan as grounds for cancellation:
It is further agreed that the union shall have the right to declare this agreement terminated as to
any employer who fails to make payments into the health and welfare fund or into the pension fund,
or in any manner fails to abide by the terms of the trust agreement governing . . . health and
welfare trust fund No. 2 or the terms of the trust agreement governing . . . pension and disability
trust fund No. 2, upon giving such employer 48 hours' written notice to that effect. A copy of such
notice shall also be served on the construction contractors' council.
(259)
Other grounds for cancellations included failure to make wage paym ents;
granting by the union of m o re favorable term s to other com panies; requiring
em ployees to handle struck work; and violation of the union secu rity p rov isio n ,
of established working h o u rs, or of work ru les.
M ost of these agreem ents specified one or two causes for cancellation.
An exception was found in a few e le c tric a l contracting association agreem en ts
with the International Brotherhood of E le c tr ic a l W o rk e rs.
These a g reem en ts,
in addition to specifying as causes for cancellation default in wage or em ployee
benefit paym en ts, rebating of w ag es, and subletting of labor s e rv ic e s to any
workm an, included violation of the international union's work r u le s, as fo llow s:
. . . any violation or annulment of working rules or agreement of any other loca l union of the
IBEW or the subletting, assigning, or the transfer of any work in connection with electrical work to
any person, firm or corporation not complying with the terms of this agreement, or the employment
of workmen in any manner other than provided in article __ section __ w ill be sufficient cause for
cancellation of this agreement, after the facts have been determined by the international office
of the union. (260)
Two other exceptions perm itted cancellation for any substantial or for any
deliberate v io la tion s, after prop er investigation.
Some a g re em en ts, how ever,
excluded work assignm ents involved in ju risd iction a l disputes as a cause for
cancellation.
In the event that either of the parties or any employer shall claim a termination of this agreement
by reason of any alleged substantial violation of this agreement, the same shall be submitted to the
board of arbitration for its determination and decision as to whether or not the facts and circum
stances constitute a substantial violation of this agreement, entitling any of the parties or any em
ployer to terminate this agreement.
(261)
Continued deliberate violations of this agreement, other than work assignments involved in jurisdic
tional disputes, unless corrected or discontinued, will be sufficient cause after proper investigation and
approval of the international president for the cancellation of the agreement between the violating
employer and the international brotherhood.
(262)
Chapter VIII. Arbitration of New Contract Terms
One aspect of la b or-m an agem en t relations that has not changed significantly
during the postwar period is the reluctance of unions and m anagem ents, either
separately or togeth er, to entrust the determ ination of new contract te rm s to
a rb itra to rs.
L e ss than 2 percent of the 1 ,7 1 7 m a jo r agreem ents studied p r o
vided for the arbitration of disputes over the te rm s of new con tra cts.
In 1949
and 1952, according to two e a rlie r Bureau studies, 32 the proportion was ap p roxi
m ately 2 percent. In the instance of disputes arising out of the p e rm issib le r e
opening of wage or other econom ic issu e s during the te rm of the contract, 4 p e r
cent of the 1 ,7 1 7 agreem en ts provided for arbitration, as com pared to 10 and
11 percent in 1949 and 1952, re sp e ctiv ely . Although these e a rlie r figures are not
strictly com parable, the present study se em s to dem onstrate, if anything, that
the arbitration of contract te rm s was even le s s popular in the early 1 9 6 0 ’ s than
a decade or m ore e a r lie r .
Before discussin g contract arbitration cla u ses in this chapter, a le s s e r
known and even le s s prevalent method of settlem ent— an agreem ent to accept
m ediation— is fir st d isc u sse d .
M ediation of Contract D isputes 33
Only 16 of the 1 , 7 1 7 agreem ents studied explicitly provided for m ediation
of disputes over contract te r m s .
In view of the abundance of F ed era l and State
m ediation se rv ic e s autom atically available, 34 particu larly in m ajor agreem ent n e
gotiations, the existence of any agreem ent to accept m ediation m ay seem unusual.
Perhaps the meaning of these cla u ses lies in the differen ce between accepting
m ediation w holeheartedly (or at least as a contract obligation) and having m e d i
ation thrust upon one or two reluctant p a rties.
M ediation was the term in al point in the dispute adjustment procedure in
10 of the 16 con tracts, 3 provided for arbitration if m ediation was u n su ccessfu l,
and 3 perm itted subsequent arbitration only by mutual consent of the p a rtie s.
Unsettled disputes over rev ised or new contract te rm s were autom atically
brought to m ediation under seven con tracts, and at the request of either party
under another seven:
If by 30 days prior to the anniversary or termination date o f the agreement, the signatories hereto
cannot arrive at an amicable settlement o f the proposed new agreement, amendment or amendments
thereto to be presented to the signatory organizations for referendum vote, the Federal Mediation and
Conciliation Service shall be requested to assist in adjudicating the dispute.
(263)
32 See footnote 9, ch. 1.
33 The mediation o f grievance disputes is discussed in BLS Bulletin 1425-1, pp. 52-54.
34 The Labor Management Relations Act specifies that no party to a collective bargaining contract shall termi
nate or modify such contract unless notice is given the other party 60 days prior to the termination date o f the con
tract, and within 30 days of such notification the party desiring the change must notify both the Federal Mediation
and Conciliation service and the State mediation agency if no agreement has been reached by that time.
In States almost all statutes authorize mediation assistance by a State agency, or the State labor department
mediates without specific statutory authority.
In addition to furnishing mediation assistance upon request o f either
party, the FMCS and a number o f the State agencies are empowered to proffer their services whenever they have
knowledge o f a labor controversy in which, in their judgment, intervention is warranted. Other State agencies do so
only if one or both parties request assistance.
95
96
This agreement shall remain in full force and effect until May 1, 1965, and shall continue in
effect from year to year thereafter, unless either party shall give written notice on or before Feb
ruary 28, 1965, of its desire to amend or terminate the agreement, provided that if notice is given
to amend certain portions o f the agreement, all other portions of the agreement shall remain in full
force and effect.
In the event written notice is given o f the opening o f this agreement, the parties hereto, upon ex
piration o f this agreement, shall im mediately com m ence negotiations for the purpose o f negotiating
a new agreement.
If a new agreement is not reached by the expiration date o f this agreement, the
parties w ill, on request o f either, participate in good faith efforts to reach agreement through the
services o f the United States Mediation and Conciliation Service.
A ll future agreements arrived at, as provided in the preceding section, shall be retroactive to the
date o f the expiration o f the preceding contract.
(264)
Mutual consent
of both parties
was
required
in the
rem aining
two
con tra cts:
Seventy-five days prior to the expiration date o f this contract either party may give to the other
party written notice o f its desire to change the contract, along with such changes as it may wish to
have made.
After the giving o f such notice immediate endeavors shall be made to negotiate a new
contract. If agreement has not been reached by a date 30 days prior to the expiration date o f this
contract then by mutual consent the parties may invite a representative o f the New York State Board
o f Mediation or of the Federal Mediation and Conciliation Service, or both, to particpate in the
remaining days o f negotiation.
(265)
The FM CS
shown below :
was
m ost
frequently
specified
as
the
m ediation
F M C S ---------------------------------------------------------------------F M C S or State m ediation a g e n c y -------------------State m ediation board ---------------------------------------Selected by the p a r t i e s -------------------------------------Not specified -------------------------------------------------------
agency,
as
6
2
2
4
2
A rbitration of D isputes O ver New Contracts
A ll unsettled issu e s w ere arbitrable under 26 con tra cts.
n u rse s, excluded com pu lsory union m em bership (table 10).
Another,
covering
The 27 p rovisions were found in only eight ind ustries— four in nondurable
goods m anufacturing (apparel, printing, food products, and te x tile s) and four in
nonmanufacturing (public transportation, u tilities, construction, and s e r v ic e s —
laundry and hospital).
The principle unions involved w ere the A m algam ated Clothing W o rk e rs,
Printing P re ssm e n , Brotherhood of E le c trica l W o rk e rs, B ric k la y e rs, and A m a l
gamated T ransit Union. 35
In m ost in stan ces, the arbitration m achinery was the sam e as that provided
for unsettled grievance disputes.
The contracts either sp e cifica lly re fe rre d to
the regular arbitration procedure, o r, with a few exceptions, set forth the sam e
procedure.
An ad hoc board was specified in 20 con tracts; a perm anent board
and a perm anent arbitrator in 2 each. A single ad hoc arbitrator or board was
optional in one contract, and an ad hoc or perm anent board in another.
The
rem aining contract did not indicate the type of m achinery.
35
Formerly Amalgamated Association o f Street, Electric Railway and Motor
Coach Employes of Am erica.
97
T a b l e 10.
P r o v i s i o n s fo r A r b i t r a t i o n of N e w or R e v i s e d C o n tr a c t T e r m s
in M a j o r C o l l e c t i v e B a r g a i n i n g A g r e e m e n t s
b y I n d u s t r y , 1 9 6 1 —6 2
( W o r k e r s in t h o u s a n d s )
A rbitration of —
Industry
Number
stu d ie d
New contract
term s
Agree
m ents
W ork
ers
A l l i n d u s t r i e s _______
1,71 7
7 ,438. 4
M a n u f a c t u r i n g __________
1,04 5
O r d n a n c e and
a c c e s s o r i e s ________________
F o o d an d k i n d r e d
p r o d u c t s _____________________
T o b a c c o m a n u f a c t u r e s ____
Textile m ill products . .
A p p a r e l and other
f i n i s h e d p r o d u c t s _______
L u m b e r and wood
products, except
fu rn iture
_
F u r n i t u r e a n d f i x t u r e s ____
P a p e r and a llie d
p r o d u c t s _____________________
P r in ti n g , p u b lish in g , and
allied industries
_
_ .
C h e m i c a l s and a lli e d
p r o d u c t s _____________________
P e t r o l e u m r e f i n i n g and
related in dustries
R u b b e r and m i s c e l l a
neous p lastics
p r o d u c t s _____________________
L e a th e r and leather
products
W ork
ers
Agree
m ents
27
75. 7
70
349. 0
24
130. 6
92
202. 8
4, 351. 3
11
29. 7
40
242. 8
7
1 7. 4
63
137. 9
20
67. 5
-
118
12
31
360. 5
25. 8
81. 2
53
13
Agree
m ents
-
-
2
-
3. 9
-
4
-
1
7. 9
2
456. 2
4
8. 8
26
19
26. 1
33. 2
_
_
_
_
57
125. 9
-
34
70. 8
53
102 .0
15
49. 2
29
126. 2
|
-
Agree m ents
W ork
ers
_
_
_
_
1 1.4
-
2
_
4. 3
_
9
_
19. 0
-
5. 0
3
6. 9
3
7. 8
199. 9
-
-
-
-
_
_
_
-
_
_
_
_
_
_
2
2. 5
-
1
1. 7
-
-
1
1. 0
4
9. 2
_
_
1
1 .2
4
5. 0
-
-
-
-
-
-
4
6. 0
_
-
_
_
1
1. 0
1
5. 0
-
-
3
6. 0
1 6. 5
-
-
-
-
I
19
-
4
66. 9
E lectrical m achinery,
e q u ip m e n t, and
supplie s
T ransportation
equipm ent
1 05
421. 0
120
1 ,07 4 . 4
24
53. 5
N o n m a n u f a c t u r i n g _____
econom ic
issu es by
mutual con
sent only
Agree
W ork
ers
m ents
. on
a r b it r ation
o f new ■ c o n tract te rm s
and reo penings
W ork
er s
Ston e, c la y , and g l a s s
p r o d u c t s _____________________
P rim ary m etal
i n d u s t r i e s _________ _________
F abricated m etal
products
M a ch in ery , except
electrical
I n s t r u m e n t s and r e la te d
p r o d u c t s _____________________
M iscellaneous m anu
factu rin g in du stries
N ew contract
t e r m s an d/or
E con om ic
i s s u e s at
contract
reopening(s)
1
41
110. 3
-
-
-
-
3
1 2. 1
1 13
627. 6
-
-
-
-
-
-
6
7. 6
52
140. 8
-
-
-
-
-
-
5
6. 1
1 06
310. 9
_
-
_
_
_
4
6. 6
-
-
1
5. 0
6
-
-
-
-
3
-
-
_
7
25. 8
I
-
8. 0
!
11
-
2
3. 3
-
30
106. 2
17
113. 3
-
-
11. 5
6
27. 5
1
1. 1
21. 9
-
672
3, 0 8 7 . 1
16
46. 0
18
115
80
237. 8
681. 1
501. 3
6
-
-
_
-
-
79
13
106
37
53
170
195. 1
25. 2
4
6. 1
3
3. 9
8
-
_
_
_
_
_
289.
171.
177.
805.
-
-
4
7
-
-
-
-
16. 5
2
7. 3
29
64. 9
M ining; crude p e tr o
leu m
and n a t u r a l
g a s p r o d u c t i o n ____________
T r a n s p o r t a t i o n 1____________
C o m m u n i c a t i o n s ___________
U t i li t i e s : E l e c t r i c and
g a s --------------------------------------------W h o lesa le trade
__________
R e t a i l t r a d e __________________
H o t e l s a n d r e s t a u r a n t s ___
Services
C o n s t r u c t i o n _________________
M iscellaneou s nonm anu
f a c t u r i n g i n d u s t r i e s _____
1
1
9
2
7
1
2
4
2. 9
"
-
-
11.4
17. 0
"
9
1
-
E x c l u d e s r a i l r o a d and a i r l i n e i n d u s t r i e s .
NOTE:
B e c a u s e o f r o u n d in g , su m s o f in d iv id u a l ite m s m a y not e qu a l to t a ls .
9.
18.
40.
7.
1
4
3
0
2
-
6
-
_
4 1 .4
17. 5
-
53. 3
1
_
2
2
10
3
1
10
"
-
1. 1
_
2.
7.
14.
1 2.
5
0
2
2
1. 5
26. 5
98
T w e n ty -s ix o f the 27 c o n tr a c ts con ta in ed the standard cla u se re q u irin g
60 days* n o tic e , p r io r to the e x p ira tio n date, o f d e s ir e to te rm in a te o r m od ify
the c o n tr a c t.
U su ally, the p r o p o s e d ch an ges w e re to be in clu d ed in the n o tic e .
The o th er c o n tra ct r e q u ir e d the p a rtie s to sta rt n eg otia tion s fo r ren ew a l o r
am endm ent o f the co n tr a c t 60 days p r io r to its ex p ira tio n , with no m en tion o f
p r io r n o tice o r o f te rm in a tio n o f the c o n tr a c t.
If no a g re e m e n t w as re a ch e d
w ithin the 60 d a ys, the m a tte r w as to be r e fe r r e d to a rb itra tio n .
In m o st o f the c o n tr a c ts , if n e g otia tion s w e re u n s u c c e s s fu l, the disp u ted
is s u e s a u to m a tica lly w e r e to be r e f e r r e d to a rb itra tio n .
A few p ro v id e d fo r
a r b itr a tio n at the re q u e st o f e ith e r p a rty .
N e a rly a ll o f the c o n tr a c ts stipu lated that a ll te r m s o f the co n tra ct w e r e
to re m a in in e ffe c t during n e g o tia tio n s; s tr ik e s and lo ck o u ts w e re s p e c ific a lly
p ro h ib ite d .
S p e c ific tim e lim its fo r r e f e r r a l to a rb itra tio n w e r e e sta b lish e d in m ost
in s ta n c e s .
M ost fre q u e n tly s p e c ifie d w e re the e x p ira tio n date o f the co n tra ct,
o r 30 days p r io r to its e x p ira tio n . O n e 'u tility co n tra ct s p e c ifie d 90 days a fter
the e x p ira tio n date; another p e rm itte d r e fe r r a l w ithin 30 days a fte r n eg otia tion s
ceased.
T w o c o n tr a c ts did not set a tim e lim it.
E x a m p les o f c o n tr a c t a r b itr a tio n p r o v is io n s fo llo w :
Duration o f Agreement
This agreement shall go into effect com m encing August 9, 1962, and shall continue in effect until
midnight o f August 8, 1965, which date this agreement and the terms hereof shall be automatically
renewed from year to year thereafter unless 60 days prior to the expiration o f this agreement and the
expiration dates o f any renewal thereof notice in writing by registered m ail is given by either party
to the other o f changes proposed in said agreement.
In the event such notice is given by either
party, and negotiations are not com plete upon the expiration o f this agreement, then and in that
event this agreement shall continue in effect until a new agreement shall be executed.
It is agreed
by and between the parties hereto that in the event negotiations are not com pleted upon the expiration
o f the agreement, all terms o f the new agreement shall be retroactive to 12:01 a. m. o f August 9, 1965.
In the event that the parties hereto are unable to agree upon the terms and conditions o f a new
agreement then the matter shall be referred to a joint board o f seven persons, three to be selected
by the association, three by the union, and the seventh to be mutually agreed upon.
In the event the parties hereto cannot agree upon the seventh person to be selected, then and in
that event the Senior Judge o f the United States District Court, for the Northern District o f Illinois,
Eastern Division, shall serve as the seventh member, or in the event o f his inability to serve, he
shall name the seventh member o f such wage agreement com m ittee.
During such time as the matter is pending, and until a new contract is negotiated, there shall be
no lockout, strike, stoppage or interference with work and the agreement o f the aforesaid com m ittee
shall be binding on all parties.
(266)
❖
*
*
This agreement shall remain in full force from the date o f signing hereof until January 26, 1966,
and from year to year thereafter until either party notifies the other party, not less than 60 days prior
to the expiration o f this agreement or o f any extension thereof, o f its desire to terminate or amend
the same.
If an amendment is desired the substance thereof shall be contained in such notice.
In the event such notice is given, the parties hereto agree to hold joint conferences for the purpose
o f negotiating a new agreement or amendment with regard to wages, hours, working conditions,
and/or other matters o f collective bargaining to take the place o f or amend this agreement.
In the event such conferees should be unable to agree upon the terms o f a new agreement within
90 days after the expiration o f this agreement the issues in dispute shall be disposed o f by decision
o f a board o f arbitration selected as hereinbefore provided in article__ o f this agreement.
(267)
jje
$
5jC
99
Duration— Termination— Change
This agreement shall continue in force and be binding upon the respective parties hereto, and those
represented thereby, to and including October 31, 1965, and thereafter from year to year ending
October 31st, subject, however, to termination or change as hereinafter in this section provided. . . .
At the expiration o f the initial period o f this agreement (i. e. , October 31, 1965), or at the expiration
o f any succeeding year thereafter (ending October 31st), if said agreement then be in effect and notice
o f termination has not been given or has been withdrawn if given, changes may be made herein,
or in any article or section hereof, by agreement between the contracting parties, with final resort
to arbitration as hereinafter provided in this paragraph, if that be necessary.
The party or parties
hereto desiring such change or changes shall notify the other party in writing o f the desired change
or changes, in such reasonable detail as to make same clear and understandable, at least 60 days
prior to October 31, 1965, or any succeeding October 31st during the duration o f this agreement;
whereupon the change or changes requested shall be promptly considered by the duly accredited repre
sentatives o f the association and the duly accredited representatives o f the company in joint session,
and any change or changes agreed upon shall be incorporated in and becom e part o f this agreement,
effective as of such date or dates (in no event prior to the November 1st next succeeding the date
o f such notice) as the parties may agree; and, should the parties be unable to agree upon the change
or changes desired or the effective date or dates thereof, after all reasonable efforts so to do, and
notice o f termination o f this agreement has not been given or has been withdrawn if given, resort
may be had to the arbitration procedure for "proposed contractual changes, " as provided in subsection
__ o f section ___ o f this article. . . .
Arbitration o f Proposed Contractual Changes. Whenever either party hereto, having made all reasonable
efforts to agree by negotiation, elects to submit any proposed changes in this agreement to arbitration
(pursuant to and consistent with the provisions o f the second paragraph o f section__ o f this article),
written notice to that effect shall be given by hand or registered m ail to the other party, stating
briefly the proposed changes to be arbitrated; provided, that no such notice shall be valid, nor shall
any further action be taken on the basis thereof, unless it be given to the other party within 30 days
after efforts to agree by negotiation have been abandoned.
Thereupon, within 15 days after the
delivery o f such a valid notice, the party receiving same may give written notice by hand or
registered m ail to the other party o f any changes in the agreement proposed by it; and likewise
within said period o f 15 days each party shall appoint one arbitrator and shall give written notice
thereof by hand or registered m ail to the other party, or otherwise forfeit its case. The two arbi
trators thus selected shall forthwith proceed in good faith to select one additional arbitrator (who
shall be a competent, impartial and disinterested person, residing and having his place o f business
outside o f the Counties o f Jackson, Cass, Clay, and Platte, Missouri, and Wyandotte, Johnson and
Leavenworth, Kansas); but, should the two arbitrators first selected fail to agree upon the other arbi
trator within 15 days after being appointed, they shall so notify the parties, whereupon the president
o f the association and the president o f the company shall promptly confer and endeavor in good faith
to com plete the personnel o f the arbitration board; and, if they fail to agree on the third member
o f said board within 2 days after such conference, a competent, impartial and disinterested person
to serve as such third member shall thereupon promptly be selected from a list o f five persons sub
mitted [ 5 y FMCS7 in the manner set forth in section__ o f this article.
Any vacancy at any time
occurring in the arbitration board shall be filled in like manner as the predecessor arbitrator was
selected.
The arbitration board thus constituted shall promptly proceed to hear and consider the
proposed changes and the evidence submitted thereon by the parties and to render a decision thereon;
and the decision o f a majority thereof shall be final and binding upon the parties. A ll decisions
o f the arbitration board shall be in writing, signed by a majority o f the members thereof, and original
counterparts thereof shall be filed with the company and the association.
The expenses o f each such arbitration, including reasonable compensation to the third arbitrator, shall
be equally divided between the parties, except that each party shall bear the expense o f its arbitrator,
its witnesses, the production o f its evidence and the presentation o f its case.
(268)
>jc >;<
This agreement is to continue in effect through October 31, 1965, and from year to year thereafter
unless change is requested by either o f the parties hereto by written notice 60 days prior to O cto
ber 31, 1965, or 60 days prior to October 31 o f any year thereafter.
In the event the parties cannot
reach agreement upon proposed changes or m odifications, or in the event o f a notice o f termination
if collective bargaining fails to result in agreement, then all matters in dispute shall be arbitrated
as provided in the provisions o f this agreement dealing with the arbitration o f future contracts.
100
Arbitration of future contracts.
In the event that, pursuant to section __ o f this agreement, either
party requests changes in this agreement or requests termination o f all or any part o f this agreement
and negotiations fail to result in an agreement between the parties, all issues in dispute shall be
submitted to a board o f arbitration on written demand o f either party. . . .
All the conditions in this contract shall remain undisturbed during the arbitration proceedings.
Each
o f the parties hereto shall bear the expense o f its own arbitrator, and the parties hereto shall jointly
bear the expenses of the three arbitrators. (269)
>;< *
*
Duration and Renewal:
Except as otherwise herein provided, this agreement will be in full force and effect as o f June 1, 1964,
until May 31, 1967, and will continue in full force and effect from year to year thereafter unless
written notice o f desire to change or m odify or terminate this agreement is given by either party in
writing to the other party at least 60 days prior to May 31 of any year, provided either party will
have 15 days after the giving o f such notice by the other party within which to present counter
proposals thereto. In the case o f giving o f such notice to change or m odify the provisions or terms
hereof, this agreement will continue in full force and effect as aforesaid except as to those provisions
or terms respecting which there has been such notice o f a desire to change or m odify; and the parties
further agree to meet and negotiate in good faith regarding any change or m odification o f provisions
or terms so requested by either party. If the parties are unable to agree upon any provisions or terms
requested by either party in such notice to the other party, and if agreement cannot be reached
under the conciliation provisions of the Minnesota Statute applying to charitable hospitals, then the
the parties agree that all unsettled issues (except a demand for compulsory membership) w ill either
be submitted to arbitration, pursuant to sections 179.09, 179.38 and chapter 572 o f the Minnesota
Statutes, or if not submitted to arbitration pursuant to agreement or statutory provisions, then the
applicable provisions (if any) of the last previous agreement between the parties w ill continue in
full force and effect as to the unsettled issues not arbitrated.
(270)
Expiration
Sixty days prior to the expiration date of this agreement, the board o f arbitration shall meet to
consider its renewal or amendment. In the event they are unable to com e to a satisfactory under
standing on or before the expiration date of this agreement it shall im m ediately be submitted to
arbitration as explained under article__ section__ /grievance arbitration/.
(271)
For the renewal o f this contract, the union shall present to the league and the league shall present
to the union 90 days prior to the expiration of this contract, a statement in writing o f demands for
changes both in shop rules and scale o f wages.
All demands shall be included in the first statement,
subject to change in negotiations. Negotiations shall be entered into promptly following the inter
change o f demands, and efforts made by each party with the other to conciliate points of difference.
If no notice by either party is given in writing as stipulated in the preceding paragraph, the then
existing provisions of this contract shall continue in full force and effect to December 31, 1963, and
thereafter be subject to the stipulations as set forth in the preceding paragraph, prior to each succeeding
annual expiration date. . . .
In the event o f a difference arising between a member o f the league and the union, all work shall
continue without interruption pending proceedings looking to conciliation or arbitration, either local
or international, and the scale o f hours provided in contract between the parties and working conditions
prevailing prior to the time the differences arose shall be preserved unchanged until a final decision
o f the matter at issue shall have been reached.
All differences which cannot be settled by conciliation shall be referred to arbitration in the manner
stipulated in this agreement. This section is hereby construed to contemplate the submission to arbi
tration o f all questions which involve the cost, working conditions, efficiency and administration of
the services of all employees employed in the operation o f the pressrooms o f the employer as press
assistants and includes disagreements arising in negotiations for a new scale o f wages, or for hours of
labor, or in renewing or extending an existing scale, or in respect to a contract, which cannot be
settled by conciliation . . .
When the joint conference com mittee is unable to reach a decision within 10 full business days
after the final submission o f the case to said com m ittee, then the dispute involving interpretation
o f the terms o f the existing "Wage Scale and Working Conditions Contract" or the terms o f a new
contract shall be referred to an arbitrator or a board of three arbitrators to be appointed by mutual
agreement.
(272)
101
A r b itr a tio n o f E c o n o m ic Is su e s R e op en ed D uring T e r m o f C on tra ct
Of n e a r ly 500 c o n tr a c ts (out o f 1, 717) with p r o v is io n s f o r re n e g otia tion
o f e c o n o m ic is s u e s during the c o n tr a c t te r m , a p p ro x im a te ly 15 p e rce n t (70) p r o
v id e d f o r a r b itr a tio n if n eg otia tion s fa ile d , to be invoked eith er a u to m a tica lly o r
at the re q u e st o f e ith e r p a rty .
P r o v is io n s fo r a rb itra tio n o f reop en in g is s u e s
and o f new co n tr a c t t e r m s often w e r e found in the sam e in d u s tr ie s . R eopen in g
a r b itr a tio n w as m o st p re v a le n t in the a p p a rel in d u stry , w h ere n e a rly th r e e -fift h s
o f the c o n tr a c ts w ith p r o v is io n fo r reop en in g o f e c o n o m ic is s u e s in clu d ed a r b i
tra tio n o f th e se is s u e s .
A s m ay be ex p e cte d , the reop en in g and subsequent a rb itra tio n c la u s e s w e re
found m a in ly in lo n g -t e r m c o n tr a c ts , u su a lly th o se c o n tra cts w hich w e re fr o m
3 to 5 y e a r s ' du ra tion . R eop en in g s e ith er w e re p erm itte d o r re q u ire d at s p e c ifie d
in te r v a ls , o r w e r e dependent on c e r ta in co n d itio n s, such as ch an ges in the c o s t
o f liv in g o r oth e r e c o n o m ic ch a n g es.
A lim ite d n u m ber o f c o n tr a c ts p e rm itte d reop en in g o f all is s u e s rela tin g to
w a g e s, h o u rs, o r w ork in g co n d itio n s, and a few of th ese p ro v id e d fo r a rb itra tio n
in event o f d is a g r e e m e n t.
The term o f this agreement as herein m odified is extended to September 1, 1965.
The union and the employer each reserves the right to request modifications o f the provisions o f this
agreement relating to wages, hours, or working conditions by serving a written notice o f such request
on or before April 1, 1964. Upon service o f such notice they shall confer upon the proposed m odi
fications and any modifications agreed upon shall becom e effective as o f September 1, 1964.
If no
agreement is reached with reference to such requested modifications prior to August 1, 1964, the
matter may at any time thereafter be submitted to the impartial arbitrator.
The decision, order,
direction, or award o f the impartial arbitrator shall be final, conclusive and binding and enforceable
in a court o f competent jurisdiction. Any modifications provided in the decision, order, direction,
or award shall becom e effective as o f September 1, 1964.
(273)
D em ands fo r g e n e r a l w age ch an ges w e re the pred om in an t is s u e s su b ject to
a rb itra tio n , a ccou n tin g fo r m o r e than 4 out o f e v e r y 5 p r o v is io n s .
In som e
in s ta n c e s , r e la te d is s u e s , su ch as shift d iffe r e n tia ls , w e re in clu d ed .
The employer and the union 30 days prior to February 1,1968, shall confer with respect to the straighttim e hourly rates o f pay for all regular employees.
If the parties by February 1, 1968, have not
reached any conclusion with regard to the foregoing issue, then the discussion shall be continued for
a further period o f 60 days. Any agreement reached between the parties hereunder shall be effective
as o f February 1, 1968. If the parties at the expiration o f such 60-day period shall not have reached any
satisfactory agreement, then the dispute with respect to the foregoing question shall be mutually sub
mitted to arbitration as provided in article__ this agreement. Except for the foregoing issue subject
to reopening, all other terms o f the contract shall remain in effect for the duration o f the contract. (274)
*
*
*
The wage scales, night-shift differentials, extra work differential, and split-shift and short-shift dif
ferentials, if any, which are set forth in schedule__ hereto attached and section__, shall be known
as the "Wage Section" o f this agreement, and as such shall remain in full force and effect throughout
the duration o f the "Working Conditions Section" o f this agreement; provided, however, that either
the whole or part o f
schedule__ and section__ may be reopened for negotiations by either party
giving written notice to the other o f such action 60 days prior to March 15, 1964, and any subse
quent anniversary date. Such negotiations shall be subject to the provisions o f section__ /arbitration/
hereof.
Such requests for reopening are to concern only those items set forth in schedule__ and
section__.
(275)
y\< >\i >;<
Should there be an increase in the cost o f living from its level as o f July 15, 1964, or change in the
purchasing power o f the dollar from its level as o f July 15, 1964, then the wages o f the workers
shall be revised accordingly, but in no event below the minimum rates listed in appendix A . . .
Should the parties be unable to agree upon such revision, then the matter shall be referred to the
impartial chairman as any other dispute under this agreement, and his decision shall be final. (276)
102
O ther e c o n o m ic is s u e s su b je ct to re n e g o tia tio n and a rb itra tio n re la te d to
fin a n cin g o r im p ro v in g p e n sio n and w e lfa r e p lan s, and ch an ges in frin g e b e n e fits ,
su ch as h o lid a y s and v a c a tio n s .
On and after January 1, 1961, the parties hereto shall m eet to negotiate the amount o f contribution
to be paid to the pension fund by the employer, to be effective June 1, 1961.
If the parties are
unable to agree on such amount, the matter may be submitted to arbitration pursuant to article__
hereof.
(277)
5I<
The parties agree that at the request o f either party they w ill institute negotiation 30 days prior to
April 1, 1963, with respect to improvement o f pension benefits to be paid . . .
If by April 1, 1963, the parties are unable to agree upon the amount o f such monies available for
improvement o f pension benefits, or upon the nature or amount o f improved benefits, these issues
shall be submitted to arbitration for final and binding decision.
(278)
*
❖
>!<
Anything in the foregoing to the contrary notwithstanding, it is agreed that article__ (pension and
welfare plan) o f this agreement w ill be reopenable as o f January 26, 1962, on 2 months' prior written
notice by either party, for the negotiation o f the sole question whether the contributions to the pension
and welfare funds are sufficient to maintain the benefits in effect on January 26, 1960, or if not,
what steps should be taken to maintain such benefits. If the parties cannot agree, the provisions o f
article__ (arbitration) shall be applicable.
(279)
*
This agreement shall be
o f May 1964, subject to
its desire to terminate,
shall be deem ed to be
manner.
*
*
in full force and effect from the date hereof to and including the 31st day
the provisions set forth below, and if neither party serves written notice o f
change or m odify this agreement 60 days prior to the date o f expiration, it
renewed for the succeeding year and from year to year thereafter in like
Either party may request an adjustment in straight-time hourly wages across-the-board as o f June 1, 1960;
an adjustment in straight-time hourly wages across-the-board and holidays as o f June 1, 1961; an ad
justment in straight-time hourly wages across-the-board and vacations as o f June 1, 1962; an adjustment
in straight-time hourly wages across-the-board as o f June 1, 1963. In each case and on each anni
versary date a prior written notice o f at least 60 days must be given.
In the event such notice is
given and the parties fail to reach agreement on the issue or issues before them, then, at the request
o f either party, such issue or issues shall forthwith be submitted to arbitration for decision under the
provisions of section__ herein.
(213)
M any c o n tr a c ts p r o v id e d fo r re n e g o tia tio n o f c o n tr a c t p r o v is io n s w hich m ay
be h e ld to be in va lid under cu r r e n t o r future le g is la tio n o r re g u la tio n s . Som e c o n
tr a c ts in clu d ed p r o v is io n s fo r a rb itra tio n if n eg otia tion s to a r r iv e at an a c c e p t
able su bstitu tion fa ile d .
Legislation
In the event that any Federal, state or municipal law or any rule or regulation of any governmental
agency shall render unenforceable or com pel the cancellation or m odification o f any provision o f this
agreement with respect to its application at any location at any time with respect to any member
during the term o f this agreement, such provision shall thereupon becom e inoperative as to that
location or member only, and the association and the union shall within 10 days thereafter m eet for
the purpose of negotiating changes made necessary by such applicable Federal or state law or govern
ment regulation, failing agreement on which the matter may be submitted to the impartial chairman
as a dispute, by either party, and the impartial chairman shall in his award include substitute lawful
and enforceable provisions for those which are unlawful or unenforceable, which most closely approxi
mate the intent and purpose desired to be achieved by the parties in such provision or provisions as
o f the date o f execution hereof.
(280)
*
*
*
103
In the event that any articles or sections are held invalid or enforcement o f or com pliance with
which has been restrained, as set forth, the parties affected thereby shall enter into immediate co l
lective bargaining negotiations, upon the request o f either party, for the purpose of arriving at a
mutually satisfactory replacement for such articles or sections during the period of invalidity or re
straint.
In the event the parties are unable to agree on a replacement clause, such dispute shall
be subject to the arbitration provisions of this agreement.
(278)
Mutual Consent Arbitration of New Contract and Reopening Issu es
The 24 provisions which perm itted arbitration of new a n d /o r reopened con
tract te rm s only by consent of both parties w ere sim ila r to those d iscu sse d in
the preceding section s, except for the requirem ent for mutual consent. In som e
instances, a jointly signed subm ission was required.
Where the signatories hereto cannot agree voluntarily on extending an agreement as to hours, wages,
working conditions, and/or other contingency that may arise, the dispute may, by mutual agreement
o f both parties, be submitted to the arbitration board who shall submit their decision within 10 ca l
endar days of the date of submission.
(263)
. . . matters arising out o f the expiration o f this agreement or annual openings are not subject to
arbitration unless, when such matters arise, the parties sign a joint submission agreement submitting
themselves to arbitration and defining the particular issues to be arbitrated. (281)
Ban On A rbitration of New Contract T e rm s or Reopening Issu es
A rbitration of new contract te rm s a n d /o r reopening issu e s was sp ecifica lly
prohibited in 5 percent (92) of the 1 , 717 con tracts.
This ban was stipulated in
addition to a p rov iso , found in nearly all con tracts, prohibiting the arbitrator
of grievance disputes from changing or adding to the term s of the contract, or
lim iting the a rb itra to r's ju risd iction to disputes arising over interpretation or
application of the p rov isio n s.
Some of the 92 provisions related to new contract te r m s , som e related
to reopening is s u e s , and others specified both types of negotiations. A s indicated
e a r lie r , m o st of the reopening provisions concerned wage ra te s.
Negotiations. Nothing in this agreement shall be construed as an agreement to submit to arbitration
any questions involved in the negotiations for a new agreement following notice o f termination or
notice o f reopening . . . (282)
. . . At the termination o f the local agreement between the company and any loca l union, the local
plant management and such loca l union shall negotiate as promptly as possible a local agreement on
subjects they desire to be covered to the extent that they do not conflict with the provisions o f this
master agreement. In the event the local plant management and the local union are unable to agree
upon a local agreement to replace the local agreement which expired, the local union w ill not resort
to any form of strike action until after the controversy has been reviewed by the /grievance7 board
referred to in section__ o f article__ , but such a controversy is not subject to arbitration.
(283)
The hourly rate schedule only . . . may be reopened once only by either party on April 22, 1963, . . .
In the event agreement is not reached . . . the dispute over hourly rates shall not be subject to
arbitration and the "no-strike, no-lockout" provision . . . shall not apply . . . (284)
The umpire shall not have the power to arbitrate provisions o f a new agreement or to arbitrate away,
in whole or in part, any provisions o f this agreement, nor shall he have the power to add, to delete
from, or m odify any of the provisions of this agreement.
(285)
104
A
variation,
shown below ,
banned
arbitration of
"g e n e ra l negotiations. n
Grievance Procedure
It is understood and agreed that the union may invoke the grievance /and arbitration/ procedure in
consideration o f any differences between the company and the employee . . . Questions involving
general negotiations shall not be subject to grievance /o r arbitration/ procedure.
(286)
The prohibitions usually w ere included in the sections of the contracts p r o
viding for negotiation of new contracts or reopening is s u e s . A few prohibitions
w ere included in sections dealing with the ju risd iction of the a rb itra to r.
The prohibitions w ere not concentrated in any specific in d u stries. Although
approxim ately 40 unions were signatories to the con tracts, 6 unions— the T e a m
s te r s , M ach in ists, S teelw orkers, Iron W o rk e rs, O il and C h em ical, and R etail
C le rk s— accounted for on e-th ird of the con tracts.
Chapter IX. Arbitration of Jurisdictional Disputes
A p r o c e d u r e fo r the se ttlem en t by an in d u stry tribu n al o f d isp u tes betw een
two unions as to w h ich one is to p e r fo r m a c e rta in type o f w o rk has b een e s
ta b lish e d in the c o n s tr u c tio n in d u stry , and r e s o r t to this p r o c e d u r e freq u en tly
is r e q u ir e d by c o lle c t iv e b a rg a in in g co n tra cts in this in d u stry .
The plan, f o r
m u la ted by the B u ildin g and C o n stru ctio n T r a d e s D epartm en t o f the A F L -C IO
and T he A s s o c ia t e d G en era l C o n tr a c to rs o f A m e r ic a and P a rticip a tin g S p ecia lty
C o n tr a c to r s E m p lo y e r s 1 A s s o c ia t io n s , binds a ll m e m b e r s o f the D ep artm en t and
the A s s o c ia t io n s , as w e ll as n o n m e m b ers who sig n the a g re e m e n t.
The N ational Join t B o a rd fo r the S ettlem en t o f J u r is d ic tio n a l D isp u tes,
e sta b lish e d under the plan , c o n s is t s o f an im p a rtia l ch a irm a n , fou r re g u la r , and
fo u r a ltern a te m e m b e r s .
The b a s ic and the s p e c ia lty tra d e s a re r e p r e s e n te d
eq u a lly by m e m b e r s , two re g u la r and two altern a te la b o r m e m b e r s appointed
by the D epartm en t and one r e g u la r and a ltern a te m e m b e r appointed by ea ch o f
the two a s s o c ia t io n s .
The ch a irm a n and b o a rd m e m b e r s have au th ority to e s
ta b lish p r o c e d u r a l reg u la tio n s and a d m in istra tiv e p r a c t ic e s p ro v id e d they a re
co n s is te n t w ith the te r m s o f the ju r is d ic tio n a l d isp u tes settlem en t a g re e m e n t.
In addition to the n ation al jo in t b oa rd , an app eals b o a rd w as r e c e n tly e s
ta b lish e d , pursuant to a r e v is io n o f the a g re e m e n t on A p r il 1, 1965. The app eals
b o a r d c o n s is t s o f an im p a r tia l u m p ir e , fo u r re g u la r and fo u r altern a te m e m b e r s ,
as in the n ation al jo in t b o a r d .
A ll d e c is io n s o f the national jo in t b o a rd a re
bin din g, u n le ss app ealed to the appeals b o a r d .
In such event, the d e c is io n s
and in te rp re ta tio n s o f the appeals b o a rd a re fin a l and su b je ct to im m ed ia te c o m
p lia n c e .
P a rticip a tin g unions a re p led g ed not to strik e pending d e c is io n o f
eith er b o a r d .
J u r is d ic tio n a l a g re e m e n ts en te red into betw een a ffilia te d in tern ation al unions
and d e c is io n s r e n d e r e d a ffe ctin g the b uilding in d u stry a re p u blish ed in the o ffic ia l
"G r e e n B o o k " o f the B u ild in g and C on stru ction T ra d e s D epartm en t.
U nder the
n ation al a g re e m e n t, a ssig n m e n ts o f w o rk a re to be m ad e by c o n tr a c to r s on the
b a s is o f the d e c is io n s and a g re e m e n ts r e c o r d e d in the G reen B ook , o r , if not
c o v e r e d , by e sta b lish e d tra d e p r a c t ic e o r p re v a ilin g p r a c t ic e in the lo c a lity .
A g r e e m e n t P r o v is io n s
O f the 170 m a jo r c o n tr a c ts in the c o n s tru ctio n in d u stry studied, c o v e r in g
8 0 5 ,0 0 0 w o r k e r s , 121 o r 71 p e r c e n t, accou n tin g fo r n e a rly 80 p e r c e n t o f the
w o r k e r s , p r o v id e d s o m e p r o c e d u r e fo r the settlem en t o f ju r is d ic tio n a l d isp u te s.
A r b itr a tio n w as in d ica te d in 118 c o n tr a c ts . In m o s t in sta n ce s, r e f e r r a l to a r b i
tra tio n w as to be m ade to the n ation al jo in t b o a r d .
The th ree c o n tra cts w hich
did not p r o v id e fo r a rb itra tio n w e r e n eg otia ted by the independent T e a m s te rs
Union (not a ffilia te d w ith the B uilding and C o n stru ctio n T ra d e s D ep artm en t).
One h u n dred and th irte e n co n tra cts w e r e n eg otia ted by the B uilding and
C o n stru ctio n T r a d e s D epartm en t o r by its a ffilia te d u n ion s.
The T e a m s te rs
Union w as a ls o a sig n a to ry to fou r o f th ese c o n tr a c ts . A lthough the T e a m s te rs
w as the on ly union sig n a to ry to the rem a in in g eight c o n tr a c ts , th ese w e re p art
o f m u ltiu n ion c o n tr a c ts in volv in g oth er bu ilding and co n s tru ctio n unions with the
sa m e e m p lo y e r s .
105
106
A tota l o f 113 c o n tr a c ts s p e c if ic a lly r e f e r r e d ju r is d ic tio n a l disputes to the
n ation al jo in t b o a r d — 108 n eg otia ted b y B uilding and C o n stru ctio n T ra d e s D e
p a rtm e n t unions and fiv e b y the T e a m s te r s .
One o f the fiv e co n tra cts c a lle d
fo r se ttle m e n t in a c c o r d a n c e w ith B uilding and C o n stru ctio n T ra d e s D epartm en t
ru le s o r "o th e r a p p lica b le ru le s o r a g re e m e n ts . "
A ll differences or disputes concerning the interpretation or application o f any provision(s) of this
agreement shall be submitted to the grievance /and arbitration/ procedure, except jurisdictional
disputes, which shall be resolved in accordance with the plan for national joint board for settlement
o f jurisdictional disputes . . . (287)
%
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>!<
Jurisdiction o f Work
The association recognizes the jurisdiction o f the union over work to be that jurisdiction recognized
and accepted by the national joint board for the settlement o f jurisdictional disputes.
Further,
both parties hereto agree that all jurisdictional disputes w ill be handled according to the procedures
developed by said board without any cessation o f work.
(288)
sjc
>\<
Jurisdictional Disputes
There shall be no cessation or interference in any way with any o f the work o f employer or o f any
individual employer by reason o f jurisdictional disputes between the various unions affiliated with
the AFL-CIO or with the International Brotherhood o f Teamsters, Chauffeurs, Warehousemen and
Helpers o f Am erica with respect to jurisdiction over any o f the work covered by this agreement.
Such disputes shall be settled by the unions themselves in accordance with the rules o f the Building
and Construction Trades Department o f the AFL-CIO or other applicable rules or agreements.
(289)
Som e c o n tr a c ts in clu d ed a stipu lation that, in even t o f any change o r d i s
con tin ua n ce o f the n ation al jo in t b o a r d plan, any future plan adopted b y the
B u ildin g and C o n stu ctio n T ra d e s D epartm en t w ou ld be u se d in lie u o f the p r e s e n t
p roced u re.
Procedure for Settlement of Disputes and Grievances
A ll jurisdictional disputes shall be settled under the plan and procedure set forth by the national joint
board for the settlement of jurisdictional disputes heretofore approved and adopted by the Building
and Construction Trades Department, Am erican Federation o f Labor, AFL-CIO and the Associated
General Contractors, and com m ittee representing the specialty contractors and effective April 1,
1965, provided, however, that in the event of change in the aforementioned plan, it is hereby
agreed that the plan for settlement of jurisdictional disputes adopted by the Am erican Federation of
Labor, Building and Construction Trades Department, AFL-CIO shall be used in lieu thereof; and
provided further that jurisdictional disputes involving the Teamsters shall be processed in accordance
with Teamsters* special working rule __ . . .
(290)
In clu ded in the 113 c o n tr a c ts p ro v id in g fo r r e f e r r a l to the n ational jo in t
b o a r d w e r e the fo u r w ith m ix e d a ffilia tio n (B uilding and C on stru ctio n T ra d e s
D ep a rtm en t and T e a m s t e r s ) a ll o f w h ich p ro v id e d sep a ra te p r o c e d u r e s fo r d i s
putes in v olv in g the T e a m s t e r s .
Tw o p r o v id e d fo r fin a l d e term in a tion through
the r e g u la r a r b itr a tio n p r o c e d u r e ou tlin ed in the co n tra ct.
The oth er two did
not m en tion a rb itra tio n , but p r o v id e d fo r r e f e r r a l to the in tern a tion a l unions
fo r se ttle m e n t.
The unions guarantee, during the term hereof, that there shall be no strikes, slowdowns or stoppages
o f work occasioned by jurisdictional disputes between any o f the unions signatory hereto or any other
AFL- CIO union, and that all workmen covered by this agreement shall perform the work customarily
performed by them and w ill cooperate and work with members o f other organizations affiliated with
the AFL-CIO without regard to past, present or future disputes based on jurisdictional claims.
107
A ll jurisdictional disputes between the union on whose behalf this agreement is made, or any other
unions affiliated with the AFL-CIO, shall be determined in the manner and by the procedure es
tablished by the national joint board for the settlement o f jurisdictional disputes or, in the event
the national joint board for the settlement o f jurisdictional disputes is abolished, the procedures
established by the Building and Construction Trades Department of the AFL-CIO shall prevail. Such
determination shall be binding upon and accepted by the employers and the unions.
Jurisdictional disputes involving the Teamsters w ill be settled in the following manner:
If a jurisdictional dispute arises, it shall first be submitted to the local business agent o f the
crafts involved for settlement, and if no understanding o f agreement is reached within 48 hours, it
w ill be referred to the international unions involved for settlement. The international unions agree
to m eet within 48 hours to settle the dispute and if no agreement is reached on this level within
5 days, the parties to the dispute may extend the period for settlement to another fixed date,
mutually agreed upon. If settlement is not effected by such date, the dispute shall be submitted
to arbitration as set forth in the grievance procedure o f this agreement. Pending such settlement,
the craft performing the work at the tim e the dispute arises w ill continue in such capacity until
settlement is reached as above provided, it being agreed that there shall be no stoppage or abandon
ment o f work in regard to any jursidictional dispute.
Existing international jurisdictional agree
ments shall be respected by all parties.
Any agreements between disputing parties must be
made in writing to the employers before a change in assignment is made. Expenses to be shared
by disputants.
(291)
❖ * *
Master Agreement
Article
Jurisdictional Disputes
A ll jurisdictional disputes between or among Building and Construction Trades Unions and con
tractors, parties to this agreement and their subcontractors, shall be settled and adjusted according
to the present plan established by the Building and Construction Trades Department (plan for national
joint board for settlement o f jurisdictional disputes in the Building and Construction Industry) or any
other plan or method o f procedure that may be adopted in the future by the Building and Con
struction Trades Department.
Decisions rendered shall be final, binding and conclusive on the
employer and the unions parties to this agreement.
The contractors shall insert in all subcontracts let to subcontractors the following clause:
The subcontractor agrees to be bound by the rules, regulations and procedures of the national
joint board for the settlement o f jurisdictional disputes in the Building and Construction Trades
industry in the assignment o f work and/or the settling o f jurisdictional disputes on work to be
done at the job site.
If a contractor or union does not com ply with the rules, regulations and decisions as directed by
the national joint board on a case in dispute, it shall be considered as a violation o f this agreement.
Teamsters . . .
Jurisdictional Disputes
There shall be no work stoppage, slowdown or strike because o f any jurisdictional dispute.
All
jurisdictional disputes between or among the union and other unions and the contractor or contractors,
parties to this agreement, shall be discussed jointly by the union or unions and the contractor or
contractors involved. If the dispute cannot be settled loca lly within 48 hours (2 workdays) o f the
date it was brought to the attention o f the contractor or contractors, a staff member o f the New
Orleans Chapter, Associated General Contractors o f Am erica, Inc. shall request the international
officers o f the unions involved to meet and resolve the issue. If the dispute is not resolved by the
officers o f the international unions within 10 days, the work assignment made by the contractor or
contractors shall then becom e final and binding upon the parties to the dispute for the duration o f
the job on which the dispute arose.
(292)
A few o f the 108 B uilding and C o n stru ctio n T ra d e s c o n tr a c ts w ith p r o v is io n
fo r r e f e r r a l to the n ation al jo in t b o a r d a lso p le d g e d use o f the u n ion s' e ffo r ts
to r e s o lv e ju r is d ic t io n a l disp u tes in volv in g unions not p a rtie s to the a g reem en t.
In case o f disputes between any Building and Construction Trades unions not parties to this agree
ment, or between a union or unions parties to this agreement and a Building and Construction
Trades Union or unions not parties to this agreement, the unions agree to use their best efforts and
influences to settle such disputes as provided in this section.
(293)
220-616 0
-
66-8
108
The rem a in in g fiv e c o n tr a c ts with unions a ffilia te d with the Building and
C o n stru ctio n T r a d e s D epartm en t did not s p e c ific a lly p ro v id e fo r r e fe r r a l to the
national jo in t b o a rd , but s p e c ifie d s p e c ia l p r o c e d u r e s .
A lthough not stipu lated
in the c o n tr a ct, ju r is d ic t io n a l d isp u tes w ould c o m e under the national join t b oa rd
o r the n ational app eals b o a rd , b e ca u se o f the u n io n s’ a ffilia tio n with the D e
pa rtm en t.
L o c a l a r b itr a tio n plans r e c o g n iz e d by the D epartm en t— New Y ork ,
C h ica g o , and B oston p la n s— a re se p a ra te en titie s, but app eals fr o m d e c is io n s o f
the lo c a l body m ay be m ade to the national app eals b o a rd .
T h is appeal p r o
ce d u re w ould be a p p lica b le under 3 o f the 5 c o n tr a c ts , w hich p ro v id e d fo r a r b i
tra tio n u nder the New Y o rk B uilding T r a d e s plan:
In case o f jurisdictional disputes the general arbitration plan as adopted by the Building Trades
Employers' Association o f New York is hereby made a part o f this agreement.
(294)
*
sje
>\<
Strikes— Lockouts— Jurisdictional Disputes
There shall be no strikes or lockouts or stoppages o f work; neither shall members o f the union co l
lectively leave the work o f a member o f the association.
Disputes between trades and disputes
relative to questions o f jurisdiction o f trades shall be adjusted in accordance with the principles o f
the New York plan for the settlement o f jurisdictional disputes as set forth in the joint arbitration
plan o f the New York Building Trades as adopted on July 9th, 1903, and amended on April 22d,
1905? and as thereafter amended, and all decisions rendered thereunder determining disputes arising
out o f the conflicting jurisdictional claims o f various trades shall be recognized by and be binding
upon the parties hereto, except to the extent that section 3 o f the said joint arbitration plan re
quires the employer to employ only members o f the union directly or indirectly, through sub
contractors or otherwise.
Pending the determination o f any dispute under the New York plan for the settlement o f jurisdictional
disputes as stated in the preceding paragraph, the members o f the union shall remain at work on
the project without change in status.
(295)
>!<
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Jurisdictional Disputes: It is mutually agreed between the parties hereto that in the event o f dis
putes between trades and disputes relative to questions o f jurisdiction o f trade, the parties w ill
abide by previous decisions as to jurisdiction published in the latest issue o f the B. T. E. A. Handbook,
com m only known as "The Green Book* "
It is mutually agreed between the parties hereto that disputes between trades and disputes relative
to jurisdiction o f trade not covered by decision in the latest issue o f the B. T. E. A. Handbook,
com m only known as "The Green B ook," shall be adjusted in accordance with the principles o f the
New York plan for the settlement o f jurisdictional disputes as set forth in the joint arbitration plan
o f the New York Building Trades as adopted on July 9, 1903, and amended on April 22, 1905, and
as thereafter amended, except to the extent that section 3 o f said arbitration plan requires the
employer to employ only members o f the union directly or indirectly through subcontractors or
otherwise.
Pending determination o f any dispute under the New York plan for the settlement o f jurisdictional
disputes, as stated in the previous paragraph, the members o f the union shall remain at work on
the project without change in status.
(296)
U nder the oth e r tw o c o n t r a c t s , ju r is d ic tio n a l d isp u tes w e r e to be r e fe r r e d
to in d u stry join t b o a r d s . The p r o c e d u r a l ru les and reg u la tio n s o f the national
join t b o a rd , in volv in g a rb itra tio n , a ls o w ould apply to ju r is d ic tio n a l d isp u tes d u r
ing th e se c o n tra ct t e r m s , if attem pts to a r r iv e at a s a tis fa c to r y settlem en t fa ile d :
. . .
all jurisdictional disputes between the union, signatory to this agreement, and any other
union, shall be determined in the manner and by the procedure established by a r ticle __ /grievan ce
procedure . . .
. . . the union shall refrain from any strikes or slowdown due to jurisdictional disputes, nor shall
the signatory contractor take any action to lock out the members of the union signatory hereto.
109
. . . Authority of the joint conference board. The joint conference board shall have general judicial
powers to resolve disputes submitted in accordance with the terms of this agreement. . . .
. . . Any party to a dispute who has a decision rendered against them by the grievance com m ittee
shall im m ediately com ply with the findings of such com m ittee, and after com pliance if aggrieved with
the findings of the grievance com m ittee may appeal the decision o f the com m ittee to the joint
conference board.
. . . The joint conference board shall meet within 48 hours excluding Saturdays, Sundays, and h oli
days, and /If7 th e joint conference board fails to reach a decision within 3 days after the matter has
been fully heard by it, then either party may refer the dispute to an impartial arbiter . . . (297)
The three T e a m ste rs contracts which did not stipulate r e fe r r a l to the
national joint board did not provide for arbitration.
Two required r e fe r r a l to
the international unions involved, and one to a State joint organizing com m ittee.
A p rovision in one of the contracts stipulated that upon reaffiliation with the
Building and Construction T rades Departm ent, the national joint board procedures
would becom e effectiv e.
Another contract p rovision stipulated that existing d e
cision s of reco rd and international agreem ents of the national joint board were
to be respected .
The union guarantees, during the term hereof, that there shall be no strikes, slowdowns or stoppages
o f work occasioned by jurisdictional disputes between the union signatory hereto and any other union
and that all employees covered by this agreement shall perform the work customarily performed by
them and will cooperate and work with members o f organizations affiliated with the Building and
Construction Trades Department o f the AFL-CIC without regard to past, present or future disputes
on jurisdictional claims.
Where a jurisdictional dispute involves the union and another union affiliated with the Building and
Construction Trades Department, AFL-CIO, it shall be referred to the international presidents o f
the two unions for determination and the work shall proceed as assigned by the contractor until
such determination by the international presidents has been confirmed to the disputing unions. Upon
reaffiliation o f the International Brotherhood o f Teamsters, Chauffeurs, Warehousemen and Helpers
o f Am erica with the Building and Construction Trades Department, AFL-CIO, the procedures o f the
plan for settling jurisdictional disputes nationally and locally shall im mediately becom e effective
under the terms o f this agreement and replace the procedure for resolving jurisdictional disputes
specified in the first sentence o f this paragraph.
(298)
*
*
The parties agree that there w ill be no cessation or stoppage o f work because o f jurisdictional dis
putes pending settlement by the loca l or international union. If after a problem arises and it has
been taken up by the job steward with the contractor's representative and settlement has not been
obtained at the job site, the steward w ill notify the business representative.
In the event the
business representative for the union and the business representative for the opposing union cannot
agree upon a settlement, the business representatives are to refer the dispute to the international
unions involved.
Existing decisions o f record, international agreements and agreements between loca l business repre
sentatives w ill be respected.
The employer will assist the parties involved in settling the dispute by furnishing information or
letters requested o f him by the disputing parties.
(299)
*
*
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Jurisdictional Disputes
The employer agrees to respect the jurisdictional rights o f the union to perform all o f the work set
forth in article
hereof, and to assign all such work to employees subject to this agreement, and
shall not permit, direct or require any other em ployee to perform such work.
In the event o f a jurisdictional dispute with any other union, then the same shall be submitted to
the State o f Connecticut joint organizing com mittee for settlement, and the parties agree to be
bound by the award o f said com m ittee. There shall be no work stoppage, slowdown, strike, picket
ing or lockout during any jurisdictional dispute.
(300)
110
P ledges of adherence to the p rov isio n s, ru le s, d e cisio n s, and agreem ents
of re co rd of the national joint board w ere com m on.
Some included a stipulation
that failure of either party to abide by such decision s would be con sidered a
violation of the agreem ent.
Other stipulations frequently found provided for
determ ination of ju risd iction by loca l area p ractices in the absence of applicable
decision s or a g re em en ts; pledges of em p loyer cooperation in furnishing in fo r
m ation pertinent to the dispute, including past p r a c tic e s ; and agreem ent to m a in
tain the status quo until final settlem en t of the dispute.
Craft Jurisdiction
It is agreed that the jurisdiction o f work covered by this agreement is that provided for in the
charter grant issued by the American Federation o f Labor to the International Association o f Bridge,
Structural and Ornamental Iron Workers, it being understood that the claims are subject to trade
agreements and final decisions o f the AFL-CIC as w ell as the decisions rendered by the national
joint board for the settlement o f jurisdiction disputes.
The parties to this agreement are subject to and agree to be bound by all decisions and awards
made by the national joint board for settlement o f jurisdictional disputes with respect to all juris
dictional disputes which may arise under this agreement.
(301)
*
*
*
A ll differences or disputes concerning the interpretation or application o f any provision(s) o f this
agreement shall be submitted to the grievance procedure, except jurisdictional disputes, which shall
be resolved in accordance with the plan for national joint board for settlement o f jurisdictional
disputes.
. . . It is further understood and agreed that the provisions o f the national agreement creating the
national joint board for settlement o f jurisdictional disputes shall supersede all provisions o f this
clause insofar as any conflict exists.
(302)
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The work to be performed under this contract shall be the work properly within the jurisdiction
o f building laborers according to decisions or agreements o f record which may apply, and in the
absence o f such it shall be determined by local area practice.
In the event o f a jurisdictional
dispute, there shall be no stoppage o f work, and the employees w ill continue to work on the basis
o f their original assignments while an earnest effort is made to settle the dispute.
First, by joint loca l action o f the grievance com m ittee and contractors, and second, in the event
that the parties are unable to settle the same loca lly, they shall submit the dispute to the joint
board set up under the existing agreement for the settlement o f jurisdictional disputes entered into
between the Building and Construction Trades Department, AFL-CIO, and the National Association
o f Employers in the Construction Industries.
The parties agree to operate under and be bound by
the terms o f said agreement.
(303)
❖
%
*
. . . The employer agrees to assign work in accordance with the jurisdictional claims of the union
as set forth herein, subject to decisions rendered and agreements o f the national joint board.
In the interest o f promoting industrial peace and harmony in the construction industry, the Building
Trades Employers’ Association and Carpenter Contractors' Association agree to cooperate in the
settlement o f jurisdictional disputes.
It is agreed that both organizations agree to supply necessary
information regarding disputes whenever they arise, if available.
. . . With respect to jurisdictional disputes between the union and any other union growing out o f
demands for the same work by both unions, the parties to this agreement agree to abide by the pro
cedural rules and regulations, decisions and agreements o f record of the national joint board for the
settlement o f jurisdictional disputes, building and construction industry, which are hereby made a
part o f this agreement by reference and to abide by the award o f said national joint board.
(304)
❖
*
❖
111
In the event o f conflicting jurisdictional claims,
settlement o f jurisdictional disputes shall govern.
the procedure o f the national joint board for
In carrying out the procedures o f the national joint plan for the settlement o f jurisdictional disputes,
all employers covered by this agreement shall fully cooperate in com piling evidence o f trade claims.
When requested to do so, employers covered by this agreement agree to promptly furnish such district
councils and loca l unions, within 48 hours, statements o f their past and present practices pertaining
to work on which there is or may be a pending dispute.
Such statements shall be written on the
individual em ployer’s letterhead and properly signed and w ill be delivered through the associated
general contractors office.
It w ill be a violation o f the agreement by the contractor or the union if the contractor or the union
fails to abide by the decision o f the joint board or an arbitor or decision o f record.
(305)
In case any such dispute shall arise between the unions as provided herein, it is agreed that the status
quo shall be maintained until written advice is given as provided above /national joint board/.
(293)
Bans on Strikes O ver Ju risdictional D isp u tes.
Although it is the purpose
of the national joint board to settle ju risd iction a l disputes by peaceful m ea n s,
approxim ately o n e -h a lf (57) of the 118 agreem en ts which re fe rre d to the board
sp e cifica lly banned strik es over such disputes.
In addition, the three T e a m
s te rs agreem en ts which did not provide for arbitration also contained a strike
ban, m aking a total of 60 contracts which prohibited strikes over ju risd iction a l
disp utes.
The Building and Construction T ra d es Departm ent agreem ent with the A s
sociated G eneral C on tractors and the P articipating Specialty C on tractors states:
Continuance o f Work— Pending a decision by the board or such settlement as may be arrived at
through the office o f the chairman o f the joint board, there shall be no stoppage o f work rising out
o f any jurisdictional dispute.
Members o f organizations affiliated with the Building and Construction Trades Department shall con
tinue to work on the basis o f their original assignment, provided the employer has not assigned
employees to perform work contrary to decisions or agreements o f record or the procedural rules o f
the board.
A p roviso was included in 18 of the 60 contracts perm itting w aiver of the
strike ban in event of failure of any signatory to the agreem ent to com ply with
the decision of the national joint board or a rb itra to r.
The strike ban in the
rem aining 42 clau ses was not qualified.
Nothing contained in this agreement or any part hereof, or in this article /jurisdictional disputes
and strike-lockout ban/ or any part thereof, shall affect or apply to the signatories hereto or on
whose behalf this agreement is executed, or any o f them, in any action they may take against any
signatories who have failed, neglected or refused to com ply with or execute any settlement or de
cision reached through arbitration under the terms o f article__ /arbitration/ hereof, or the jurisdic
tional determination o f the national joint board for the settlement o f jurisdictional disputes or the
Building and Construction Trades Department of theAFL-CIO or as provided in paragraph__ above. (291)
>',<
❖
>\<
Jurisdictional Disputes
There shall be no cessation or interference in any way with any o f the work o f the employer by
reason o f jurisdictional disputes between the various unions affiliated with the American Federation
o f Labor-CIO with respect to jurisdiction over any o f the work covered by this agreement.
Such
disputes shall be settled by the unions themselves in accordance with the rules o f the Building and
Construction Trades Department o f the Am erican Federation o f Labor-CIO and the agreement es
tablishing a national joint board for settlement o f jurisdictional disputes in com pliance with pro
cedural rules and regulations o f said board.
(293)
❖
* *
112
Union may take econom ic action against a contractor who does not com ply with agreement.
It
shall not be deemed a violation o f any part o f this agreement if the union signatory hereto or on
whose behalf this agreement is executed, takes any econ om ic action against any contractor who has
failed, neglected or refused to com ply with, any decision o f the joint com m ittee, joint conference
board, arbitrator, . . .
It is agreed that there w ill be no stoppage o f work for a jurisdictional dispute or for violations o f
this agreement other than those set forth in the paragraph above.
(306)
In addition to the 60 con tra cts, 5 which did not sp e c ifica lly prohibit strikes
over jurisd iction al disputes contained an absolute ban on strikes for any reason.
E xam p les of these clau ses are included in chapter 7 of this report.
Cancellation of A greem en t O ver Ju risdictional D isp u tes.
Only one contract
sp e cifica lly perm itted cancellation of the contract over noncom pliance with the
ju risd iction al disputes procedures or aw ards:
. . . Both parties shall be bound by the procedures and decisions o f the joint board. In the event
that any party under the terms o f this article does not com ply with its contents then the agree
ment is abrogated.
(307)
A few other con tracts, negotiated by the IB E W , perm itted cancellation if
any em ployer signatory to an agreem ent with the IBEW assigned or sublet e le c
trica l work to anyone not recognizing the union as the exclu sive bargaining agent.
Should anyone connected in any way with any firm signatory to any agreement with the I. B. E. W. be
responsible for assigning or subletting any electrical work, which includes handling or laying o f all
duct, to anyone not recognizing the I. B. E. W. as the exclusive collective bargaining agency o f his
employees, this agreement shall be subject to cancellation after the facts have been determined by the
international president.
(260)
Appendix A. Arbitration Provisions in Union Constitutions
Whether local unions should adopt arbitration procedures in their agreements is a
matter infrequently dealt with in international union constitutions.
Of 35 union constitutions
examined, covering nearly 11 million workers in a wide range of industries and occupations,
only 11, adopted by unions having a total of 2.5 million members, contained references to
grievance and/or contract arbitration.
This low incidence suggests that, as a rule, local
affiliates enjoy a great deal of autonomy in the way they settle disputes.
However, since
a number of unions require contracts to be approved by the president or the chief governing
body, arbitration clauses may find their way into agreements as a matter of policy not re
flected in constitutions.
Some union constitutions also contain extensive procedures on con
tract ratification and eligibility for strike benefits. To avert a possible stoppage (and avoid
payment of costly strike benefits) the international may direct an affiliate to seek arbitration,
a practice probably more widespread than indicated by the following cited clauses.
Most of the 11 union constitutions required or urged local unions to provide for the
arbitration of grievances and all "controversies" not otherwise defined.
In some cases,
the degree of control exercised by the international union in dispute settlements also was
stipulated.
United Cement, Lime, and Gypsum Workers International Union
It shall be the established policy of the international union, district councils
and all affiliated local unions and the membership thereof, in case of any misunder
standings or controversies with any employers or their representatives to always
invoke the principle of voluntary mediation, conciliation and arbitration before re
sorting to any other methods whatsoever.
❖
#
sjc
American Flint Glass Workers' Union of North America
Grievances that proceed through their proper channels or steps as outlined
in a local union's contract, that has been negotiated under the guidance and direction
of the international office, and the grievance procedure calls for arbitration as the
final and conclusive step, then the union's share of expenses incurred in obtaining
and receiving the services of an arbitrator shall be borne by the international union,
providing that the grievance is processed into arbitration with the approval and
advice of the international office. If a grievance is processed into arbitration without
the approval and advice of the international office, then the cost shall be borne by the
local union taking such action.
>fe
*
>!<
Retail Clerks International Association
In the event of a dispute concerning the interpretation, application or en
forcement of a collective bargaining contract, efforts shall be made by the local
union to amicably adjust the dispute, pursuant to the provisions of the collective
bargaining contract.
No strike or other economic action respecting the foregoing
shall take place without the approval of the local union and the authorization of the
international president, to whom a request for such approval must be directed,
accompanied by a statement setting forth all pertinent facts with respect to the dis
pute, including the number of members directly affected.
❖
❖
113
#
114
Amalgamated Transit Union
When any difficulty arises between the members of any L. D. / l o c a l division/
of this union and their employers, regarding wages, hours of labor, or any other
question that may result in a strike or lockout, . . . the international president . . .
shall . . . upon receipt of the notice of the results of the strike vote, proceed
to the scene of dispute in person or by deputy, and in conjunction with the committee
of the L. D. , shall make a thorough investigation and attempt to settle the matter
in dispute. In case of failure thus to secure a settlement he shall then, in con
junction with the Local committee, prepare propositions of arbitration defining the
points in dispute and the basis upon which they shall be arbitrated.
If the company
refuses to accept arbitration as tendered, the I. P. or his deputy shall then commu
nicate with the membership of the G. E .B . /general executive board7 in writing or by
telegram and obtain the consent of a majority of the G .E .B . before endorsing the
strike.
* * *
International Brotherhood of Teamsters, Chauffeurs, Warehousemen,
and Helpers of America (Ind.)
Arbitration
Section 3.
In any controversy with an employer, not covered by a local
union agreement, the local union shall make all reasonable efforts to settle the same
through negotiation and, if it fails, through a fair arbitration tribunal.
If an em
ployer offers to arbitrate, it shall be optional with the local union to accept or
reject such arbitration.
However, if the local union rejects arbitration and the
matter is brought to the attention of the general president, he shall ask the officers
or representatives of the local union to appear before him or his representative or
in some other manner to explain their reason for refusal.
If the general president
is satisfied that, the local union is not justified in refusing arbitration, then the
general president shall submit the matter to the general executive board, and if the
general executive board is of the opinion that the local union should arbitrate, it
may so decide; whereupon the local union shall proceed to carry out the decision
of the general executive board.
Specific bans on arbitration of new contract terms were found in the constitutions of
three printing trades unions, and, in another, such arrangements required the approval of
the international union. Two of the unions extended the ban to "union laws" and one to the
right to represent workers within its jurisdiction.
International Brotherhood of Bookbinders
All local union contracts shall contain an arbitration clause.
Such arbi
tration clause shall apply only to the interpretation of any clause in such contract
which might come into dispute.
❖
❖
*
International Typographical Union
Sec. 33.
When disputes involving interpretation and enforcement of the
terms of an approved contract between local unions and employers cannot be settled
by the parties to the contract the matter may be arbitrated through joint standing
committee procedures provided therein.
115
Sec. 34.
Local unions shall not submit the terms of a succeeding contract
PROPOSAL to arbitration until first obtaining approval of the Executive Council as to
the subject matter which may be arbitrated and as to the procedure to be followed.
Sec. 35.
It is imperatively ordered that the executive officers of the
International Typographical Union shall not submit any of its laws to arbitration.
Nor shall any subordinate union arbitrate whether or not any general law of the
International Typographical Union shall be effective, but arbitration may be had as
to the applicability of the laws to the facts involved.
Sec. 36.
It is further provided that no joint arbitration agreement be
entered into with an employers’ association by the International Typographical Union,
unless said agreement shall have first been approved by a majority vote of the
membership in a referendum vote.
International Stereotypers ’ and Electrotypers' Union of North America
It is imperatively ordered that the executive officers of the I. S. and E. U.
shall not submit any of its laws to arbitration.
It shall be mandatory that all local unions shall refuse to agree to any
contract, containing any clause, providing for the arbitration of a new contract.
*
*
*
American Newspaper Guild
No contract shall provide for renewal by arbitration or for arbitration of
the Guild's right to represent employees within its jurisdiction.
Appendix B. Text of Federal Mediation and Conciliation Service Arbitration
Policies, Functions, and Procedures, and Voluntary Labor Arbitration
Rules of the American Arbitration Association
Text of Regulations Part 1404, dealing with arbitration policies, functions, and pro
cedures, as last revised by the Director of the Federal Mediation and Conciliation Service,
effective January 8, 1957.
Part 1404— Arbitration
Sec.
1404. 1
1404. 2
1404. 3
1404.4
1404. 5
1404. 6
1404. 7
1404. 8
Arbitration
Composition of roster maintained by the Service
Security status
Procedures; how to request arbitration services
Arbitrability
Nomination of arbitrators
Appointment of arbitrators
Status of arbitrators after appointment
1404. 9
Prompt decision
1404. 10
1404.11
1404. 12
1404. 13
Importance of impartiality
Arbitrator’s award and report
Fees of arbitrators
Conduct of hearings
AUTHORITY: Secs. 1404. 1 to 1404. 13 issued under Sec. 202, 61 Stat. 153,
as amended; 29 U. S. C. 172.
Interpret or apply Sec. 3, 60 Stat. 238, Sec. 203,
61 Stat. 153; 5 U. S. C. 1002, 29 U. S. C. 173.
Sec. 1404. 1— Arbitration
The labor policy of the United States Government is designed to foster and promote
free collective bargaining.
Voluntary arbitration and factfinding are tools, in appropriate
cases, of free collective bargaining and may be desirable alternatives to economic strife.
The parties assume broad responsibilities for the success of the private juridical system
they have chosen. The Service will assist the parties in their selection of arbitrators.
Sec.
1404. 2— Composition of roster maintained by the service
It is the policy of the Service to maintain on its roster only those arbitrators who
are experienced, qualified, and acceptable, and who adhere to ethical standards.
Applicants for inclusion on its roster must not only be well-grounded in the field
of labor-management relations, but, also, possess experience in the labor arbitration field
or its equivalent.
(Arbitrators employed full time as representatives of management or
labor are not included on the Service's roster.) After a careful screening and evaluation
of the applicant’s experience, the Service contacts representatives of both labor and man
agement, as qualified arbitrators must be acceptable to those who utilize its arbitration
facilities.
The responses to such inquiries are carefully weighed before an otherwise quali
fied arbitrator is included on the Service’ s roster.
Sec. 1404. 3— Security status
The arbitrators on the Service's roster are not employees of the Federal Government,
and, because of this status, the Service does not investigate their security status.
Moreover,
when an arbitrator is selected by the parties, he is retained by them and, accordingly, they
must assume complete responsibility for the arbitrator's security status.
116
117
Sec.
1404.4— Procedures; how to request arbitration services
The Service prefers to act upon a joint request which should be addressed to the
Director of the Federal Mediation and Conciliation Service, Washington 25, D. C.
In the
event that the request is made by only one party, the Service may act if the parties have
agreed that either of them may seek a panel of arbitrators.
A brief statement of the nature
of the issues in dispute should accompany the request, to enable the Service to submit the
names of arbitrators of specialized competence.
The request should also include a copy of
the collective bargaining agreement or stipulation. In the event that the entire agreement is
not available, a verbatim copy of the provisions relating to arbitration should accompany
the request.
Sec.
1404. 5— Arbitrability
Where either party claims that a dispute is not subject to arbitration, the Service
will not decide the merits of such claim. The submission of a panel should not be construed
as anything more than compliance with a request.
Sec.
1404. 6— Nominations of arbitrators
When the parties have been unable to agree on an arbitrator, the Service will submit
to the parties the names of three, five, seven or more arbitrators, as requested, or will
make a direct appointment upon being duly advised that a panel is not desired.
Together
with the submission of a panel of suggested arbitrators, the Service furnishes a short state
ment of the background, qualifications, and experience of each of the nominees.
In selecting names for inclusion on a panel, the Service considers many factors, but
the desires of the parties are, of course, the foremost consideration. If at any time a company
or a union, or both, suggests that a name or names be omitted from a panel, such name or
names will generally be omitted. The Service will not, however, place names on a panel at
the request of one party unless the other party has knowledge of such request and has no
objection thereto, or unless both parties join in such request. If the issue described in the
request appears to require special technical experience or qualifications, arbitrators who
possess such qualifications will, where possible, be included in the list submitted to the
parties. Where the parties expressly request that the list be composed entirely of technicians,
or that it be all-local or non-local, such request will be honored, if qualified arbitrators
are available.
Two of the methods of selection from a panel are— (1) at a joint meeting, alternately
striking names from the submitted panel until one remains, and (2) each party separately
advising the Service of its order of preference by numbering each name on the panel.
In
almost all cases, an arbitrator is chosen from one panel of names. However, if a request
for another panel is made, the Service will comply with the request, providing that additional
panels are permissible under the terms of the agreement or the parties so stipulate. Sub
sequent adjustment of disputes is not precluded by the submission of a panel or an appoint
ment.
A substantial number of issues are being settled by the parties themselves after the
initial request for a panel and after selection of the arbitrator. Notice of such settlement
should be sent promptly to the arbitrator and to the Service.
The arbitrator should be compensated whenever he receives insufficient notice of
settlement to enable him to rearrange his schedule of arbitration hearings or working hours.
Sec.
1404.7— Appointment of arbitrators
After the parties notify the Service of their selection, the arbitrator is appointed by
the director. If any party fails to notify the Service within 15 days after the date of mailing
the panel, all persons named therein shall be deemed acceptable to such party.
The arbi
trator, upon appointment notification, is requested to communicate with the parties immedi
ately to arrange for preliminary matters such as date and place of hearing.
There is an
advantage to the parties of advising the Service of the arbitrator selected, as the standards
and procedures established by the Service, including those governing the range of fees, apply
to the appointed arbitrator. Also, the names of arbitrators who have not completed a pending
arbitration are not ordinarily included on panels requested by the same parties.
118
Sec.
1404.8— Status of arbitrators after appointment
After appointment, the legal relationship of arbitrators is with the parties rather than
the Service, though the Service does have a continuing interest in the proceedings.
Industrial
peace and good labor relations are enhanced by arbitrators who function justly, expeditiously
and impartially so as to obtain and retain the respect, esteem and confidence of all partic
ipants in the arbitration proceedings.
The conduct of the arbitration proceeding is under the
arbitrator’s jurisdiction and control, subject to such rules of procedure as the parties may
jointly prescribe.
He is to make his own decisions and write his own opinions based on the
record in the proceedings.
He may not delegate this duty and responsibility to others in
whole or in part without the knowledge and prior consent of both parties. The powers of the
arbitrators may be exercised by a majority unless otherwise provided by agreement or by law,
and, unless prohibited by law, they may proceed in the absence of any party who, after due
notice, fails to be present or to obtain a postponement.
The award, however, must be sup
ported by evidence as an award cannot be based soley upon the default of a party.
Sec.
1404. 9— Prompt decision
Early hearing and decision of industrial disputes is desirable in the interest of good
labor relations. The parties should inform the Service whenever a decision is unduly delayed.
The Service expects to be notified if and when (1) an arbitrator cannot schedule, hear and
determine issues promptly, and (2) he is advised that a dispute has been settled by the parties
prior to arbitration. The arbitrator is also expected to keep the Service informed of changes
in address, occupation or availability, and of any business connections with or of concern
to labor or management.
The award shall be made not later than 30 days from the date of the closing of the
hearing, or the receipt of a transcript and any post-hearing briefs, or if oral hearings have
been waived, then from the date of receipt of the final statements and proof by the arbitrator,
unless otherwise agreed upon by the parties or specified by law.
However, a failure to
make such an award within 30 days shall not invalidate an award. The Service, however,
when nominating arbitrators, takes notice of any arbitrator's failure to comply with its
policies and procedures.
The parties can expedite awards.
They may advise the Service and the arbitrator
if an early decision is desired.
If such notice is given, the Service will so advise the
arbitrator at the time of his appointment.
The parties can also request that an opinion follow
the award, or that an opinion be omitted in appropriate cases.
The parties may also pro
vide in their agreement or in their arbitration stipulation or request that an award must be
rendered within a fixed time after the close of the hearing in order to be valid, unless the
time is enlarged by agreement of the parties. Such a provision, however, would operate to
nullify an award made after such period of time and should therefore be carefully drafted so
as not to cause hasty and ill-considered decisions.
Sec.
1404.10— Importance of impartiality
Interviews with or communications by the arbitrator to and from one party without the
knowledge and consent of the other party, are easily misunderstood and should be avoided
since they can result in a loss of confidence in the integrity, fairness and judgment of the
arbitrator.
Likewise, the arbitrator should refrain from giving unsolicited advice in his
opinion, or award or other document for the same reason. Arbitrators are called upon to
decide issues which the parties have been unable to resolve and, consequently, difficult deci
sions are inevitable.
Their acceptability can be advanced not alone by the soundness of the
decisions, but also by the orderly and impartial manner in which the entire arbitration pro
ceeding is conducted.
Sec.
1404.11— Arbitrator's award report
At the conclusion of the hearing and after the award has been submitted to the parties,
each arbitrator is required to file a copy with the Service. The Service then evaluates awards
with a view to determining whether they meet the accepted professional standards as to form,
clarity and logic.
The arbitrator is further required to submit a report showing a breakdown
of his fees and expense charges so that the Service may be in a position to check conformance
with its fee policies.
Cooperation in filing both award and report within 15 days after handing
down the award is expected of all arbitrators.
119
It is the policy of the Service not to release arbitration decisions for publication
without the consent of both parties.
Furthermore, the Service expects the arbitrators it has
nominated or appointed not to give publicity to awards they may issue, except in a manner
agreeable to both parties.
Sec.
1404. 12— Fees of arbitrators
No administrative or filing fee is charged since the Service is required by law to
provide such facilities.
The current policy of the Service permits its nominees or appointees
to charge a fee for their services not exceeding $150 per day.
The Service expects its
arbitrators in fixing the fee for a case to give due consideration to the financial condition of
each party, the accepted standards for the area in which the dispute arises, the complexity
of the issues involved and the length of time consumed preliminary to and in the course of the
hearing; in the study of the evidence and preparation of the award.
In those rare instances where arbitrators fix wages or other terms of a new contract,
the responsibilities involved are so grave that the arbitrators are not subject to the above fee
restriction.
The parties may prefer to agree with the arbitrator upon a fixed fee in advance
of the arbitration.
This, however, could result in unnecessarily prolonging an arbitration
hearing.
The parties can reduce the cost of arbitration by the careful preparation of exhibits
and evidence and by the stipulation of undisputed facts.
The parties may also stipulate that
the arbitrator devote not more than a specified number of days to the study and preparation
of the opinion and award.
There is, however, some risk in so doing since the award and
opinion may not be satisfactory or sufficiently clear if such restriction is made in other
than simple, routine cases.
The Service is not concerned with whether the fees and expenses of the arbitrator
are paid by only one of the parties or are divided between them.
Nevertheless, unless the
parties agree otherwise, (1) the fee and expenses of the arbitrator shall be paid equally by
the parties, (2) the expenses of witnesses for either side shall be paid by the parties pro
ducing such witnesses, (3) the total cost of the stenographic record, if any is made, and all
transcripts thereof, shall be prorated equally by all parties ordering copies, and (4) the
expenses of any witnesses or the cost of any briefs produced at the direct request of the
arbitrator, shall be borne equally by the parties unless the arbitrator in his award assesses
such expenses or any part thereof against any specified party or parties.
Sec.
1404. 13— Conduct of hearings
The service does not prescribe detailed or specific rules of procedure for the conduct
of an arbitration proceeding because it favors flexibility in labor relations.
It believes that
the parties and experienced arbitrators know best how arbitration proceedings should be con
ducted if wise decisions and industrial peace are to be achieved.
Questions such as hearing
rooms, submission of pre-hearing or post-hearing briefs, and recording of testimony, are
left to the discretion of the individual arbitrator and the parties. The Service does, however,
expect its arbitrators and the parties to conform to applicable laws, and to be guided by
ethical and procedural standards as codified by appropriate professional organizations and
generally accepted by the industrial community and experienced arbitrators.
In cities where the Service maintains offices, the parties are welcome upon request
to the Service to use its conference rooms when they are available.
120
American Arbitration Association Voluntary Labor Arbitration Rules 36
1. Agreement of Parties— The parties shall be deemed to have made these rules a
part of their arbitration agreement whenever, in a collective bargaining agreement or sub
mission, they have provided for arbitration by the American Arbitration Association (herein
after AAA) or under its rules.
These rules shall apply in the form obtaining at the time
the arbitration is initiated.
2. Name of Tribunal— Any tribunal constituted by the parties under these rules shall
be called the Voluntary Labor Arbitration Tribunal.
3.
Administrator— When parties agree to arbitrate under these rules and an arbi
tration is instituted thereunder, they thereby authorize the AAA to administer the arbitration.
The authority and obligations of the administrator are as provided in the agreement of the
parties and in these rules.
4.
Delegation of Duties— The duties of the AAA may be carried out through such
representatives or committees as the AAA may direct.
5. National Panel of Labor Arbitrators— The AAA shall establish and maintain a
National Panel of Labor Arbitrators and shall appoint arbitrators therefrom, as hereinafter
provided.
6.
Office of Tribunal— The general office of the Labor Arbitration Tribunal is the
headquarters of the AAA, which may, however, assign the administration of an arbitration
to any of its regional offices.
7. Initiation Under an Arbitration Clause in a Collective Bargaining Agreement—
Arbitration under an arbitration clause in a collective bargaining agreement under these rules
may be initiated by either party in the following manner:
(a) By giving written notice to the other party of intention to arbitrate (demand),
which notice shall contain a statement setting forth the nature of the dispute and the
remedy sought, and
(b) By filing at any regional office of the AAA two copies of said notice, together
with a copy of the collective bargaining agreement, or such parts thereof as relate to
the dispute, including the arbitration provisions.
After the arbitrator is appointed,
no new or different claim may be submitted to him except with the consent of the
arbitrator and all other parties.
8. Answer— The party upon whom the demand for arbitration is made may file an
answering statement with the AAA within 7 days after notice from the AAA, in which event
he shall simultaneously send a copy of his answer to the other party.
If no answer is filed
within the stated time, it will be assumed that the claim is denied.
Failure to file an answer
shall not operate to delay the arbitration.
9. Initation under a Submission— Parties to any collective bargaining agreement
may initiate an arbitration under these rules by filing at any regional office of the AAA two
copies of a written agreement to arbitrate under these rules (submission), signed by the
parties and setting forth the nature of the dispute and the remedy sought.
10. Fixing of Locale— The parties may mutually agree upon the locale where the
arbitration is to be held.
If the locale is not designated in the collective bargaining agree
ment or submission, and if there is a dispute as to the appropriate locale, the AAA shall
have the power to determine the locale and its decision shall be binding.
11.
Qualifications of Arbitrator— No person shall serve as a neutral arbitrator in
any arbitration in which he has any financial or personal interest in the result of the arbi
tration, unless the parties, in writing, waive such disqualification.
36 As amended and in effect Feb. 1, 1965.
121
12.
Appointment from Panel— If the parties have not appointed an arbitrator and have
not provided any other method of appointment, the arbitrator shall be appointed in the following
manner: Immediately after the filing of the demand or submission, the AAA shall submit
simultaneously to each party an identical list of names of persons chosen from the labor
panel.
Each party shall have 7 days from the mailing date in which to cross off any
names to which he objects, number the remaining names indicating the order of his preference,
and return the list to the AAA.
If a party does not return the list within the time specified,
all persons named therein shall be deemed acceptable.
From among the persons who have
been approved on both lists, and in accordance with the designated order of mutual preference,
the AAA shall invite the acceptance of an arbitrator to serve.
If the parties fail to agree
upon any of the persons named or if those named decline or are unable to act, or if for
any other reason the appointment cannot be made from the submitted lists, the administrator
shall have power to make the appointment from other members of the panel without the
submission of any additional lists.
13.
Direct Appointment by Parties— If the agreement of the parties names an arbi
trator or specifies a method of appointing an arbitrator, that designation or method shall be
followed.
The notice of appointment, with the name and address of such arbitrator, shall be
filed with the AAA by the appointing party.
If the agreement specifies a period of time within which an arbitrator shall be ap
pointed, and any party fails to make such appointment within that period, the AAA may make
the appointment.
If no period of time is specified in the agreement, the AAA shall notify the parties
to make the appointment and if within 7 days thereafter such arbitrator has not been so
appointed, the AAA shall make the appointment.
14.
Appointment of Neutral Arbitrator by Party-Appointed Arbitrators— If the parties
have appointed their arbitrators, or if either or both of them have been appointed as provided
in section 13, and have authorized such arbitrators to appoint a neutral arbitrator within a
specified time and no appointment is made within such time or any agreed extension thereof,
the AAA may appoint a neutral arbitrator, who shall act as chairman.
If no period of time is specified for appointment of the neutral arbitrator and the
parties do not make the appointment within 7 days from the date of the appointment of the last
party-appointed arbitrator, the AAA shall appoint such neutral arbitrator, who shall act
as chairman.
If the parties have agreed that the arbitrators shall appoint the neutral arbitrator
from the panel, the AAA shall furnish to the party-appointed arbitrators, in the manner pre
scribed in section 12, a list selected from the panel, and the appointment of the neutral
arbitrator shall be made as prescribed in such section.
15.
Number of Arbitrators— If the arbitration agreement does not specify the number
of arbitrators, the dispute shall be heard and determined by one arbitrator, unless the
parties otherwise agree.
16.
Notice to Arbitrator of His Appointment— Notice of the appointment of the neutral
arbitrator shall be mailed to the arbitrator by the AAA and the signed acceptance of the arbi
trator shall be filed with the AAA prior to the opening of the first hearing.
17.
Disclosure by Arbitrator of Disqualification— Prior to accepting his appointment,
the prospective neutral arbitrator shall disclose any circumstances likely to create a presump
tion of bias or which he believes might disqualify him as an impartial arbitrator.
Upon
receipt of such information, the AAA shall immediately disclose it to the parties.
If either
party declines to waive the presumptive disqualification, the vacancy thus created shall be
filled in accordance with the applicable provisions of these rules.
18.
Vacancies— If any arbitrator should resign, die, withdraw, refuse or be unable
or disqualified to perform the duties of his office, the AAA shall, on proof satisfactory to it,
declare the office vacant. Vacancies shall be filled in the same manner as that governing the
making of the original appointment, and the matter shall be reheard by the new arbitrator.
19.
Time and Place of Hearing— The arbitrator shall fix the time and place for each
hearing.
At least 5 days prior thereto the AAA shall mail notice of the time and place of
hearing to each party, unless the parties otherwise agree.
122
20.
Representation by Counsel— Any party may be represented at the hearing by
counsel or by other authorized representative.
21. Stenographic Record— The AAA will make the necessary arrangements for the
taking of an official stenographic record of the testimony whenever such record is requested
by one or more parties. The requesting party or parties shall pay the cost of such record
directly to the reporting agency in accordance with their agreement.
22. Attendance at Hearings— Persons having a direct interest in the arbitration are
entitled to attend hearings.
The arbitrator shall have the power to require the retirement of
any witness or witnesses during the testimony of other witnesses.
It shall be discretionary
with the arbitrator to determine the propriety of the attendance of any other persons.
23. Adjournments—The arbitrator for good cause shown may adjourn the hearing upon
the request of a party or upon his own initiative, and shall adjourn when all the parties
agree thereto.
24.
Oaths— Before proceeding with the first hearing, each arbitrator may take an
oath of office, and if required by law, shall do so.
The arbitrator may, in his discretion,
require witnesses to testify under oath administered by any duly qualified person, and if
required by law or requested by either party, shall do so.
25.
Majority Decision— Whenever there is more than one arbitrator, all decisions of
the arbitrators shall be by majority vote.
The award shall also be made by majority vote
unless the concurrence of all is expressly required.
26.
Order of Proceedings— A hearing shall be opened by the filing of the oath of the
arbitrator, where required, and by the recording of the place, time and date of hearing, the
presence of the arbitrator and parties, and counsel if any, and the receipt by the arbitrator
of the demand and answer, if any, or the submission.
Exhibits, when offered by either party, may be received in evidence by the arbitrator.
The names and addresses of all witnesses and exhibits in order received shall be made
a part of the record.
The arbitrator may, in his discretion, vary the normal procedure under which the
initiating party first presents his claim, but in any case shall afford full and equal opportunity
to all parties for presentation of relevant proofs.
27.
Arbitration in the Absence of a Party— Unless the law provides to the contrary,
the arbitration may proceed in the absence of any party, who, after due notice, fails to be
present or fails to obtain an adjournment.
An award shall not be made solely on the default
of a party.
The arbitrator shall require the other party to submit such evidence as he may
require for the making of an award.
28.
Evidence— The parties may offer such evidence as they desire and shall produce
such additional evidence as the arbitrator may deem necessary to an understanding and deter
mination of the dispute.
When the arbitrator is authorized by law to subpoena witnesses and
documents, he may do so upon his own initiative or upon the request of any party.
The
arbitrator shall be the judge of the relevancy and materiality of the evidence offered and con
formity to legal rules of evidence shall not be necessary.
All evidence shall be taken in
the presence of all of the arbitrators and all of the parties except where any of the parties is
absent in default or has waived his right to be present.
29.
Evidence by Affidavit and Filing of Documents— The arbitrator may receive and
consider the evidence of witnesses by affidavit, but shall give it only such weight as he deems
proper after consideration of any objections made to its admission.
All documents not filed with the arbitrator at the hearing but which are arranged at
the hearing or subsequently by agreement of the parties to be submitted, shall be filed with
the AAA for transmission to the arbitrator.
All parties shall be afforded opportunity to
examine such documents.
30.
Inspection— Whenever the arbitrator deems it necessary, he may make an in
spection in connection with the subject matter of the dispute after written notice to the parties
who may, if they so desire, be present at such inspection.
123
31.
Closing of Hearings— The arbitrator shall inquire of all parties whether they
have any further proofs to offer or witnesses to be heard.
Upon receiving negative replies,
the arbitrator shall declare the hearings closed and a minute thereof shall be recorded. If
briefs or other documents are to be filed, the hearings shall be declared closed as of the
final date set by the arbitrator for filing with the AAA.
The time limit within which the
arbitrator is required to make his award shall commence to run, in the absence of other
agreement by the parties, upon the closing of the hearings.
32.
Reopening of Hearings— The hearings may be reopened by the arbitrator on his
own motion, or on the motion of either party, for good cause shown, at any time before the
award is made, but if the reopening of the hearing would prevent the making of the award
within the specific time agreed upon by the parties in the contract out of which the contro
versy has arisen, the matter may not be reopened, unless both parties agree upon the exten
sion of such time limit.
When no specific date is fixed in the contract, the arbitrator may
reopen the hearings, and the arbitrator shall have 30 days from the closing of the reopened
hearings within which to make an award.
33.
Waiver of Rules— Any party who proceeds with the arbitration after knowledge
that any provision or requirement of these rules has not been compiled with and who fails to
state his objection thereto in writing, shall be deemed to have waived his right to object.
34.
Waiver of Oral Hearing— The parties may provide, by written agreement, for the
waiver of oral hearings.
If the parties are unable to agree as to the procedure, the AAA
shall specify a fair and equitable procedure.
35. Extensions of Time— The parties may modify any period of time by mutual agree
ment.
The AAA for good cause may extend any period of time established by these rules,
except the time for making the award. The AAA shall notify the parties of any such exten
sion of time and its reason therefor.
36.
Serving of Notices— Each party to a submission or other agreement which pro
vides for arbitration under these rules shall be deemed to have consented and shall consent
that any papers, notices or process necessary or proper for the initiation or continuation of
an arbitration under these rules and for any court action in connection therewith or the entry
of judgment on an award made thereunder, may be served upon such party (a) by mail ad
dressed to such party or his attorney at his last known address, or (b) by personal service,
within or without the state wherein the arbitration is to be held.
37.
Time of Award— The award shall be rendered promptly by the arbitrator and,
unless otherwise agreed by the parties, or specified by the law, not later than 30 days from
the date of closing the hearings, or if oral hearings have been waived, then from the
date of transmitting the final statements and proofs to the arbitrator.
38.
Form of Award—The award shall be in writing and shall be signed either by the
neutral arbitrator or by a concurring majority if there be more than one arbitrator. The
parties shall advise the AAA whenever they do not require the arbitrator to accompany the
award with an opinion.
39.
Award Upon Settlement— If the parties settle their dispute during the course of
the arbitration, the arbitrator, upon their request, may set forth the terms of the agreed
settlement in an award.
40.
Delivery of Award to Parties— Parties shall accept as legal delivery of the award
the placing of the award or a true copy thereof in the mail by the AAA, addressed to such
party at his last known address or to his attorney, or personal service of the award, or the
filing of the award in any manner which may be prescribed by law.
41.
Release of Documents for Judicial Proceedings— The AAA shall, upon the written
request of a party, furnish to such party at his expense certified facsimiles of any papers in
the AAA's possession that may be required in Judicial proceedings relating to the arbitration.
42.
Judicial Proceedings— The AAA is not a necessary party in judicial proceedings
relating to the arbitration.
43.
Administrative Fee— As a nonprofit organization, the AAA shall prescribe an
administrative fee schedule to compensate it for the cost of providing administrative services.
The schedule in effect at the time of filing shall be applicable.
220-616 0
-
66-9
124
44.
Expenses— The expenses of witnesses for either side shall be paid by the party
producing such witnesses.
Expenses of the arbitration, other than the cost of the stenographic record, including
required traveling and other expenses of the arbitrator and of AAA representatives, and the
expenses of any witnesses or the cost of any proofs produced at the direct request of the
arbitrator, shall be borne equally by the parties unless they agree otherwise, or unless the
arbitrator in his award assesses such expenses or any part thereof against any specified
party or parties.
45.
Communication with Arbitrator— There shall be no communication between the
parties and a neutral arbitrator other than at oral hearings. Any other oral or written com
munications from the parties to the arbitrator shall be directed to the AAA for transmittal
to the arbitrator.
46.
Interpretation and Application of Rules— The arbitrator shall interpret and apply
these rules insofar as they relate to his power and duties.
When there is more than one
arbitrator and a difference arises among them concerning the meaning or application of any
such rules, it shall be decided by majority vote.
If that is unobtainable, either arbitrator
or party may refer the question to the AAA for final decision.
All other rules shall be
interpreted and applied by the AAA.
Administrative Fee Schedule
Initial Administrative Fee: The initial administrative fee is
payable at the time of filing.
$30 for each party,
Expense Adjustment: An additional fee of $3 is also payable by each party.
adjustment is to reimburse the AAA for postage and telephone expenses.
due and
This expense
Additional Hearings: A fee of $30 is payable by each party for each second and subsequent
hearing which is either clerked by the AAA or held in a hearing room provided by the AAA.
Postponement Fees:
scheduled hearing.
A
fee of $5 is payable by a party causing a postponement of any
Overtime: A fee of $3 per hour is payable by each party for hearings held on Saturdays,
legal holidays, or after 6 p .m . on weekdays; provided these hearings are either clerked by
the AAA or held in a hearing room provided by the AAA.
Regional Managers and Representatives
Boston, John W. Church— 44 School Street
Charlotte, J.B . Shatzer— Baugh Building
Chicago, Allen K. Miller— 140 South Dearborn Street
Cincinnati, Phillip E. Vutech— 548 Carew Tower
Cleveland, Warren L. Taylor— 2800 Euclid Avenue
Dallas, Helmut O. Wolff— 1607 Main Street
Denver, Frank Plaut— 7180 West 14th Avenue, Lakewood
Detroit, Mrs. L. P. Herrscher— 1064 Penobscot Building
Hartford, J. Robert Haskell— 37 Lewis Street
Los Angeles, Tom Stevens— 2333 Beverly Boulevard
Miami, Edward A. DeGross— 2451 Brickell Avenue
New York, Michael F. Hoellering— 140 West 51st Street
Philadelphia, Arthur R. Mehr— 1414 Lewis Tower Building
Pittsburgh, John F. Schano— One Gateway Center
San Francisco, Robert D. Charlebois— 351 California Street
Seattle, Robert J. Ahern— 1411 Fourth Avenue Building
Syracuse, Robert G. Bowling— 7 31 James Street
Washington, Brackley Shaw— 910 17th Street, NW
Appendix C. Selected Arbitration Provisions Reproduced in Full
From the agreement between
GENERAL ELECTRIC COMPANY and the
INTERNATIONAL UNION OF ELECTRICAL,
RADIO AND MACHINE WORKERS
(expiration date October 1966)
Grievance Procedure
1. Grievances may be filed by an employee or group of employees, a steward or the
local.
Grievances of a general nature filed by the local shall be initiated at the second step
of the grievance procedure. . . .
Strikes and Lockouts— 1.
There shall be no strike, sit-down, slowdown, employee
demonstration or any other organized or concerted interference with work of any kind in
connection with any matter subject to the grievance procedure, and no such interference
with work shall be directly or indirectly authorized or sanctioned by a local or the union,
or their respective officers or stewards, unless and until all of the respective provisions
of the successive steps of the grievance procedure set forth in article XIII shall have been
complied with by the local and the union, or if the matter is submitted to arbitration as
provided in article XV.
2.
The company will not lock out any employee or transfer any job under dispute from
the local works, nor will the local management take similar action while a disputed job is
under discussion at any of the steps of the grievance procedure set forth in article XIII,
or if the matter is submitted to arbitration as provided in article XV.
Arbitration
1. Any grievance which remains unsettled after having been fully processed pursuant
to the provisions of article XIII ^/grievance procedure^, and which involves either,
(a)
The interpretation or application of a provision of this agreement, or
(b)
A disciplinary penalty (including discharge) imposed on or after the effective
date of this agreement, which is alleged to have been imposed without just cause,
may be submitted to arbitration upon written request of either the union or the company,
provided such request is made within 60 days after the final decision of the company has
been given to the union pursuant to article XIII, section 2(c).
For the purpose of proceedings
within the scope of (b) above, the standard to be applied by an arbitrator to cases involving
disciplinary penalties (including discharge) is that such penalties shall be imposed only for
just cause.
2.
(a) A request for arbitration shall state in reasonable detail the nature of the dis
pute and the remedy requested. A copy of the request shall be sent to the American
Arbitration Association.
(b) Within 30 days after receipt of a request to arbitrate, the receiving party will
give its response thereto in writing, with a copy to the association, stating whether or not
it believes the stated dispute to be arbitrable.
If the receiving party believes the dispute
not to be arbitrable, it will state its reasons in reasonable detail.
(c) If the response agrees to the arbitrability of the dispute, the association will
proceed to process the request in accordance with section 3.
(d) If a response to a request for arbitration disagrees as to arbitrability of the
dispute, either party may request a conference to discuss the arbitrability of the dispute,
and to seek to resolve the differences between the parties.
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126
3, (a) When a request for arbitration involves only relief from a disciplinary penalty or
discharge alleged to have been imposed without just cause, or involves a dispute which the
company admits to be arbitrable, or when a final court judgment shall have ordered arbitration
of a request, the association shall submit the appropriate matter promptly to one of the
contract arbitrators listed below for scheduling of a hearing thereon.
The contract arbitrators shall serve for the duration of this agreement.
The asso
ciation will assign each arbitration case in rotation, in order of contract arbitrators listed
below. If a contract arbitrator states that he is unable to accept a case, it will be referred
to the next contract arbitrator in line. In the event one or more of the contract arbitrators
shall be unable to continue to serve as such, a replacement or replacements will be named
from the list of alternates set out below, in the order indicated. Any such alternate who
is named as a replacement shall have the duties and powers of the contract arbitrator for
whom he is the replacement.
Whenever the number of unresolved arbitration requests assigned to a contract arbi
trator shall exceed three, any additional requests which would otherwise be assigned him in
order of rotation shall be referred to the next contract arbitrator in line. If at any time,
each of the five contract arbitrators shall have three unresolved arbitration requests assigned
to him, any additional requests will be assigned to the alternates in rotation, until such
time as one or more of the contract arbitrators shall have less than three unresolved arbi
tration requests.
The parties may, by mutual agreement, provide that more than three
unresolved arbitration requests be assigned to one contract arbitrator at one time.
In the
event that at any time, each of the contract arbitrators and each of the alternates shall have
three unresolved arbitration requests assigned, then the number "three11 in the first two
sentences of this paragraph shall be raised to "four. "
Contract arbitrators
Alternates
Leo C. Brown, S. J.
Sidney Cahn
William Gomberg
Emanuel Stein
Abram Stockman
Joseph Brandschain
Charles Gregory
James Healy
Robert Kortez
Louis Yagoda
(b)
Only one request shall be scheduled for the same arbitration hearing, except
by mutual agreement of the parties.
(c)
In the conduct of an arbitration hearing, the applicable provisions of the Vol
untary Labor Arbitration Rules of the Association shall control, except that either party may,
if it desires, be represented by counsel.
(d)
The dispute as stated in the request for arbitration shall constitute the sole
and entire subject matter to be heard by the arbitrator, unless the parties agree to modify
the scope of the hearing.
4. (a) In the event the receiving party has asserted that the dispute contained in a
request for arbitration is not arbitrable, the association shall have authority to process
the request for arbitration and appoint an arbitrator in accordance with the procedure set
forth in section 3 above only after a final judgment of a court has determined that the griev
ance upon which arbitration has been requested raises arbitrable issues and has directed
arbitration of such issues.
The foregoing part of this section shall not be applicable if the
request for arbitration involves only relief from a disciplinary penalty or discharge alleged
to have been imposed without just cause.
(b) In the consideration and decision of any question involving arbitrability (including
any application to a court for an order directing arbitration), it is the specific agreement of
the parties that:
(i)
Some types of grievance disputes which may arise during the term of this
agreement shall be subject to arbitration as a matter of right, enforceable in court,
at the demand of either party. (See section 6.)
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(ii) Other types of disputes shall be subject only to voluntary arbitration, i. e. ,
can be arbitrated only if both parties agree in writing, in the case of each dispute,
to do so.
(See section 7. )
(iii) This agreement sets out expressly all the restrictions and obligations as
sumed by the respective parties, and no implied restrictions or obligations inhere
in this agreement or were assumed by the parties in entering into this agreement.
(iv) In the consideration of whether a matter is subject to arbitration as a
matter of right, a fundamental principle shall be that the company retains all its
rights to manage the business, including (but not limited to) the right to determine
the methods and means by which its operations are to be carried on, to direct the
work force and to conduct its operations in a safe and effective manner, subject
only to the express limitations set forth in this national agreement, local seniority
supplements executed under the provisions of article XI thereof and local understand
ings executed in accordance with section 3 of article XXI thereof; and it is understood
that the parties have not agreed to arbitrate demands which challenge action taken
by the company in the exercise of any such rights, except where such challenge is
based upon a violation of any such express limitations (other than those set out in
section 7).
(v) No matter will be considered arbitrable unless it is found that the parties
clearly agreed that the subject involved would be arbitrable in light of the principles
of arbitrability set forth in this article and no court or arbitrator shall or may
proceed under any presumption that a request to arbitrate is arbitrable.
(c)
If a final judgment of a court has determined that a request raises arbitrable
issues, the court's decision shall specify in reasonable detail the issues as to which arbi
tration is directed.
The arbitration shall thereafter proceed only upon the issues specified
in such final court judgment and the arbitrator shall have no authority or jurisdiction to
consider issues other than those specified.
5.
The award of an arbitrator upon any grievance subject to arbitration as herein pro
vided shall be final and binding upon all parties to this agreement, provided that no arbi
trator shall have any authority or jurisdiction to add to, detract from, or in any way alter
the provisions of this agreement.
6.
(a)
Arbitration as a matter of right includes only requests to arbitrate which involve:
(i) Disciplinary action (including discharge) but with certain exceptions spelled
out in this article;
(ii) The claimed violation of a specific provision or provisions of the national
agreement (with the limitations and exceptions set out in this article);
(iii) The claimed violation of a provision or provisions of a signed local seniority
supplement entered into in accordance with article XI section 2 of this national agree
ment or of a provision or provisions of a local understanding entered into in ac
cordance with article XXI, section 3 of this national agreement.
(b) A request for arbitration, in order to be subject to arbitration as a matter of
right under the provisions of subsection (a) (ii) and (a) (iii) above, must allege a direct
violation of the express purpose of the contractual provision in question, rather than of an
indirect or implied purpose.
For example, a request which claims incorrect application of
the method of computing overtime pay under the provisions of section 2 of article V would
be arbitrable as a matter of right, whereas a request which questioned the right of the com
pany to require the performance of reasonable overtime work, on the claimed ground that
article V contains an implied limitation of that right^ would be subject only to voluntary
arbitration. A request that article XI /layoff and r e tire_! and the appropriate local seniority
supplement had been violated by the layoff of a senior employee in preference to a junior
employee would be arbitrable as a matter of right but a request that subcontracting of work
in the plant while bargaining unit employees are on layoff violated acclaimed implied limit
ation of article XI and the applicable local seniority supplement would be subject only to
voluntary arbitration.
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7.
All requests for arbitration which are not subject to arbitration as a matter of right
under the provisions of section 6, are subject only to voluntary arbitration.
In par
ticular, it is specifically agreed that arbitration requests shall be subject only to voluntary
arbitration, by mutual agreement, if they
(a) Involve the existence or alleged violation of any agreement other than those de
scribed in 6(a).
(b) Involve issues which were discussed at national level negotiations, but which
are not expressly covered in this national agreement (e. g. , subcontracting).
(c) Involve claims that an allegedly implied or assumed obligation of this national
agreement has been violated.
(d) Involve claims that article I /union recognition/, or section 3 of article IV /no
discrimination/ of this national agreement has been violated.
(e) Would require an arbitrator to consider, rule on or decide the appropriate hourly,
salary or incentive rate at which an employee shall be paid, or the method (day, salary or
incentive) by which his pay shall be determined. (See footnote. )
(f)
Would require an arbitrator to consider, rule on or decide any of the following:
(i)
The elements of an employee’ s job assignment;
(ii) The level, title or other designation of an employee’ s job classification;
(iii) The right of management to assign or reassign work or elements of work.
(See footnote.)
(g) Would require an arbitrator to determine the method or data to be used by the
company in setting an incentive price or standard. (See footnote.)
(h) Involve claims of violation of sections 1 and 2 of article XI /layoff andrehire^/,
in locations in which a Local Seniority Supplement has not been signed in accordance with
section 2 of article XI.
(i) Pertain in any way to the establishment, administration, interpretation or ap
plication of insurance, pension or savings plans, or other benefit plans in which employees
covered by this agreement are eligible to participate;
(j) Involve discipline or discharge imposed on employees having less than 6 months
of service credits with the company, provided that if by local understanding a period of less
than
6 months has been agreed upon as the probationary period for new employees, and
such local understanding is applicable to the particular employee involved, such agreed upon
shorter period of time shall be substituted for "6 months" in the foregoing; and provided
further that nothing in this subsection shall limit the authority of an arbitrator with respe_ct
to disciplinary penalties or discharges imposed in violation of section 1 of article IV /no
discrimination because of union affiliation/.
(k) Pertain in any way to article XXII /income extension aid/ of this agreement or
its interpretation or application.
(l) Pertain in any way to the provisions of any local agreement covering a retrain
ing program under the provisions of article XXIV hereof, or the interpretation or applica
tion thereof.
Footnote: Subsections e, f, and g above reflect the fact that this National Agreement does
not set out specific rates or classifications for jobs, and are designed to confirm the intent
of article VI, section 1 and article VI, section 5 (first sentence) that disputes over individual
job classifications, rates of pay, incentive standards, etc. , are assigned by the parties to
local negotiations, and not to arbitration.
129
8.
In any case which involves discipline (including discharge) effected on the ground that
an employee has refused, orally or otherwise, to perform an assigned task, either party may,
at any time before the arbitration hearing is closed, request that the arbitrator decide the
matter without an opinion, in which event the arbitrator must simply determine and announce
an award without stating any grounds or reasons for his decision.
If an award is issued
by an arbitrator in any such case, it shall be final and binding on the parties, but, to the
extent that the arbitrator^ opinion in support of his award interprets or applies any provision
of the 1963 GE-IUE National Agreement, such opinion shall not be considered binding upon
the parties, and shall not constitute a precedent for the purpose of interpreting or applying
that provision of the agreement in the future.
The existence of, or any alleged violation of, a local understanding *shall not be the
basis of any arbitration proceeding, unless such understanding is in writing and signed by
the company and union. . . .
Income Extension Aid
A grievance arising under this article may be processed in accordance with the
grievance procedure set forth in article XIII. However, no matter or controversy con
cerning the provisions of this article or the interpretation o r application thereof shall be
subject to arbitration under the provisions of article XV /arbitration/ hereof, except by
mutual agreement. . . .
Retraining Program
Retraining programs as appropriate for employees represented by each local are
subject to negotiations between the local and local management. Any written agreements
covering such retraining programs are subject to approval by the union and the company.
No matter or controversy concerning the provisions of this article or any local
retraining agreement shall be arbitrable except by mutual agreement.
From the agreement between
ALUMINUM COMPANY OF AMERICA and the
ALUMINUM WORKERS INTERNATIONAL UNION
(expiration date May 1968)
Section 23.
Article XVIII— Procedure for Handling Grievances
Grievance
Should an employee (or former employee within 10 working days of his dismissal,
discharge, or layoff) feel that he has been treated unjustly, he or his union representative
or representatives may present his grievance to the proper representative of the company
who will give it prompt and thorough consideration.
This may include any difference of
opinion or dispute between representatives of the company and the union representatives
regarding interpretation or operation of any provision of this agreement.
Article XIX— Arbitration
Section 26.
Scope
Not all grievances are subject to arbitration.
The scope of arbitration and the
jurisdiction of the board of arbitration are defined in section 31.
Grievances may be submitted to arbitration by either party after the grievance
procedure has been exhausted subject to the following principles and procedure:
Section 27.
Board of Arbitration
A board of arbitration is hereby created consisting of one representative of the in
ternational union, one representative of the company, and a third party, wholly disinterested,
to be appointed by them for such period of time and upon such financial and other terms as
may be agreed upon. Such third party shall be entitled the umpire.
130
Section 28.
Duties of Board
It shall be the duty of the board to hear disputes on subjects within its jurisdiction
certified to it by the union or the company after the grievance procedure of the agreement
has been exhausted.
Such hearings shall be held only in Pittsburgh, Pa. , unless another
place be unanimously designated.
The board may, by unanimous vote, designate an agent
or agents to hear a case or cases at any company location and to report such cases in full
to the board with findings of fact, conclusions, and recommendations which the board shall
upon review adopt, reject, or modify.
Section 29.
Awards
All decisions or awards of the board shall be made by majority vote and shall be
issued under the sole signature of the umpire.
Section 30.
Finality of Awards
The decisions and awards of the board shall be final and binding upon the parties.
Section 31.
Jurisdiction of Board
A. The board shall regard the provisions of this agreement as the basic principles and
fundamental law governing the relationship of the parties. The board’ s function is to interpret
the provisions of the agreement and to decide cases of alleged violation of such provisions.
The board shall not supplement, enlarge, diminish, or alter the scope or meaning of the
agreement as it exists from time to time, or any provisions therein, nor entertain jurisdiction
of any subject matter not covered thereby (except to the extent necessary to determine its
jurisdiction).
Without limiting the foregoing, the subjects of wages (including incentives)
and production standards are by this section excluded from arbitration, except that wage
rates are arbitrable for new or changed job classifications under article V of this agree
ment, and except that questions of compliance with article IV (continuation of wage rates)
are arbitrable.
B. Whenever the board may determine that the subject of a dispute is, or a decision
or award thereon would be beyond the board's jurisdiction, or would contravene this sec
tion 31, it shall dispose of the case by reducing such determination to writing and may then
refer the dispute to the parties.
C. The board shall not take jurisdiction of any dispute or grievance arising under any
prior agreements.
Section 32.
Costs
The compensation and expenses of the board representative of each party shall be
borne by such party.
The compensation and expenses of the umpire and any agents designated
by the board to hear cases shall be borne equally by the parties.
Section 33.
Rules
The board may by unanimous vote make such rules and regulations for the conduct of
its business as do not conflict with these provisions.
Section 34.
Agreement Against Strikes or Lockouts
As to any disputes subject to arbitration, the union agrees that it will not cause
nor will its members take part in any strike or work stoppage, and the company agrees
that it will not cause any lockout.
As to any dispute not subject to arbitration, no strike, work stoppage, or lockout
will be caused or sanctioned until negotiations have continued for at least 5 days at the final
step of the bargaining procedure described in article XVIII (Procedure for Handling Griev
ances).
Thereafter any strike which occurs under such circumstances shall not be deemed
to be a violation of this agreement, which shall continue to remain in full force notwith
standing such strike.
131
During the life of this agreement the union will not cause nor will its members take
part in any slowdown or similar interference with production.
The union agrees that the company has the right to discipline or discharge anyone
guilty of violating the provisions of this section.
In the event of an appeal to the board of
arbitration of a grievance involving action taken under this paragraph, the board shall have
the right in its discretion to affirm, reverse, or modify the disciplinary penalty.
Article III— Checkoff . . .
If an employee, certified by the union as a member asserts within 30 days of the
first deduction of his dues, that he was not a member as of the date certified, the union
shall, if it desires to contest such assertion, refer the dispute within 60 days to an arbi
trator designated by the parties for a final and binding determination.
Pending the outcome
of such dispute, the deductions will continue, and the funds in question will be impounded
by the company to be disbursed in accordance with the arbitrator’ s award.
Article V— New and Changed Job Classifications
Section 8.
New Job Classifications
When a new job classification is established: . . .
The rate may be installed without agreement subject to adjustment as provided below.
. . . The employee or employees affected or their union representative or repre
sentatives may, at any time within 90 days from receipt of the proposed job description,
ranking and rate, file a grievance . . .
If such grievance be settled at any step of the griev
ance procedure or submitted to arbitration, the decision shall be effective as of the date
when the employee or employees were assigned to the new job classification.
Section 9.
Changed Job Classifications
When a wage rate for a changed job classification is installed, the employee
or employees affected or their union representative or representatives may, at any time
within 90 days from receipt of the proposed job description ranking and rate, file a
grievance . . .
. . . If such grievance be settled at any step of the grievance procedure or sub
mitted to arbitration, the decision shall be effective as of the date when the employee or
employees were assigned to the changed job classification.
In the event that the company does not develop a job description, ranking and wage
rate for the changed job classification . . . the union may file a grievance . . .
. . . Such grievance shall be initiated in the third step and may be processed under
the grievance and arbitration procedures of the agreement.
If such grievance be settled at
any step of the grievance procedure or submitted to arbitration, the decision shall be effective
as of the date the changed job was established, or 90 days prior to the filing of the griev
ance, whichever was later. . . .
Article XXIII— Group Insurance
. . . Any problems, complaints, or grievances of any employee arising under or
concerning group insurance shall not be subject to or handled under the grievance or arbi
tration provisions of this agreement, but will be handled by the designated representatives
of the company and the union at the plant.
132
From the agreement between
GENERAL MOTORS CORPORATION and the
INTERNATIONAL UNION, UNITED AUTOMOBILE, AEROSPACE AND
AGRICULTURAL IMPLEMENT WORKERS OF AMERICA
(expiration date August 1967)
Step Four.
Appeal to Impartial Umpire
In the event of failure to adjust the case at this point / grievance appeal committee?,
it may be appealed to the impartial umpire, providing it is the type of case on which the
umpire is authorized to rule.
Notice of appeal of such cases to the umpire by the union
shall be given by the regional director to the plant management of the plant in which the case
arose, with copies to the personnel staff of the corporation in Detroit and to the international
union office at Detroit; in cases appealed to the umpire by the corporation, notice of such
appeal will be given by the corporation to the international union office in Detroit.
Cases not
appealed to the umpire within 21 days from the date of a final decision given after review
in an appeal committee meeting shall be considered settled on the basis of the decisions so
given; provided, however, that within the 21-day time limit of this paragraph a case may be
withdrawn by mutual agreement without prejudice to either party.
After a case has been
appealed to the umpire by either the union or the corporation, the briefs of both parties
shall be filed with the umpire within 21 days from the date of receipt "Notice of Appeal."
After a case has been appealed to the umpire but prior to the umpire hearing of the
case, the director of the General Motors Department of the International Union or a specified
member of his staff will be granted permission to visit the plant for the purpose of inves
tigating the specific grievance in accordance with all of the provisions of paragraph 38 regard
ing plant visits.
Any case appealed to the umpire involving a continuing refusal of management to re
turn an employee to work from sick leave of absence which has continued for 26 weeks or
longer, by reason of the medical findings of a physician or physicians acting for the corpora
tion, will be reviewed between the corporation and the international union, if such findings
are in conflict with the findings of the employee's personal physician with respect to whether
the employee is able to do a job to which he is entitled in line with his seniority.
Failing to
resolve the question, the parties may by mutual agreement, refer the employee to a clinic or
physician mutually agreed upon whose decision with respect to whether the employee is or is
not able to do a job to which he is entitled in line with his seniority shall be final and binding
upon the union, the employee involved and the corporation. The expense of such examination
shall be paid one-half by the corporation and one-half by the union. Any retroactive pay due the
employee shall be limited to a period commencing with the date of filing of the grievance, or
the date the employee became able to do a job to which he is entitled in line with his seniority,
whichever is the later.
The impartial umpire shall have only the functions set forth herein and shall serve for
1 year from date of appointment provided he continues to be acceptable to both parties. The
fees and expenses of the umpire will be paid one-half by the corporation and one-half by the
union and all other expenses shall be borne by the party incurring them.
The office of the
umpire shall be located in Detroit.
All cases shall be presented to the umpire in the form of a written brief prepared
by each party, setting forth the facts and its position and the arguments in support thereof.
The umpire may make such investigation as he may deem proper and may at his option hold
a public hearing and examine the witnesses of each party and each party shall have the right
to cross-examine all such witnesses and to make a record of all such proceedings.
Powers of the Umpire
It shall be the function of the umpire, after due investigation and w i t h i n 30 days
after submission of the case to him, to make a decision in all claims of discrimination for
union activity or membership and in all cases of alleged violation of the terms of the following
sections of this agreement, and written local or national supplementary agreements on these
133
same subjects: recognition; representation; grievance procedure; seniority; disciplinary layoffs
and discharges; call-in pay; working hours; leaves of absence; union bulletin boards; estab
lishment of new plants; strikes, stoppages and lockouts; wages, except paragraph (97); general
provisions; apprentices; skilled trades; vacation pay allowances; holiday pay; paragraphs (79)
through (79f), relative to procedures on production standards; paragraph (79h); and of any
alleged violations of written local or national wage agreements. The umpire shall have no
power to add to or subtract from or modify any of the terms of this agreement or any agree
ments made supplementary hereto; nor to establish or change any wage; nor to rule on any
dispute arising under paragraphs (78), (78a), (78b), (79g) or (79i) regarding production stand
ards.
The umpire shall have no power to rule on any issue or dispute arising under the
waiver section or the Pension Plan, Insurance Program and Supplemental Unemployment
Benefit Plan Section, except with respect only to the question of whether a discharged em
ployee should receive a supplemental allowance pursuant to section 7 of article II of the
Pension Plan (exhibit A- l ) .
Any case appealed to the umpire on which he has no power to
rule shall be referred back to the parties without decision.
The corporation delegates to the umpire full discretion in cases of discipline for
violation of shop rules, or discipline for violation of the strikes, stoppages and lockouts
section of the agreement.
Any claims including claims for back wages by an employee covered by this agree
ment, or by the union, against the corporation shall not be valid for a period prior to the
date the grievance was first filed in writing, except that:
(1) In cases based on a violation which is noncontinuing, such claims shall be
valid for a period of not more than 7 days prior to the date the grievance was
first filed in writing unless the circumstances of the case made it impossible for the
employee, or for the union, as the case may be, to know that he, or the union, had
grounds for such a claim prior to that date, in which case the claim shall be limited
retroactively to a period of 30 d a y s prior to the date the claim was first filed
in writing;
(2) In cases based on a violation which is continuing, if the circumstances of
the case made it impossible for the employee, or for the union, as the case may be,
to know that he, or the union, had grounds for such a claim prior to that date, the
claim shall be limited retroactively to a period
30 d a y s prior to the date the
claim was first filed in writing.
Deductions from an employee's wages to recover over-payments made in error will
not be made unless the employee is notified prior to the end of the month following the month
in which the check (or payroll order) in question was delivered to the employee.
In claims arising out of the failure of the corporation to give the employee work to
which he was entitled, the corporation, before his next permanent reduction in force layoff
and within 3 m o n t h s
from the answer given by management at the third step, shall give
him extra work for a number of hours equal to the number of hours that he had lost prior
to the written filing of his claim, and this work shall be paid for at the hourly rate he would
have received had he worked, or if paid for at a less rate, the corporation will make up
the difference in cash. By extra work is meant work to which no other employee is entitled.
Failing to give the employee work w i t h i n 3 m o n t h s , the corporation will pay the back
wages.
All claims for back wages shall be limited to the amount of wages the employee
would otherwise have earned from his employment with the corporation during the periods
as above defined, less the following:
1. Any unemployment compensation which the employee is not obligated to
repay or which he is obligated to repay but has not repaid nor authorized the cor
poration to repay on his behalf.
2.
Compensation for personal services other than the amount of compensation
he was receiving from any other employment which he had at the time he last worked
for the corporation and which he would have continued to receive had he continued to
work for the corporation during the period covered by the claim.
134
Wages for total hours worked each week in other employment in excess of the total
number of hours the employee would have worked for the corporation during each corre
sponding week of the period covered by the claim, shall not be deducted.
No decision of the umpire or of the management in one case shall create a basis for
a retroactive adjustment in any other case prior to the date of written filing of each such
specific claim.
After a case on which the umpire is empowered to rule hereunder has been referred
to him, it may not be withdrawn by either party except by mutual consent.
There shall be no appeal from the umpired decision, which will be final and binding
on the union and its members, the employee or employees involved and the corporation.
The
union will discourage any attempt of its members, and will not encourage or cooperate with
any of its members, in any appeal to any court or labor board from a decision of the umpire.
With respect to the processing, disposition and/or settlement of any grievance initi
ated under the grievance procedure section of this agreement, and with respect to any court
action claiming or alleging a violation of this agreement or any local or other agreement
amendatory or supplemental hereto, the union shall be the sole and exclusive representative
of the employee or employees covered by this agreement.
The disposition or settlement,
by and between the corporation and the union, of any grievance or other matter, shall con
stitute a full and complete settlement thereof and shall be final and binding upon the union
and its members, the employee or employees involved and the corporation.
Neither the corporation, nor the union nor any employee or group of employees may
initiate or cause to be initiated or press any court action claiming or alleging a violation of
this agreement or any local or other agreement amendatory or supplemental hereto, where
such claim is also the subject matter of a grievance which is then open at any step of this
grievance procedure.
No employee or former employee shall have any right under this agreement in any
claim, proceeding, action or otherwise on the basis, or by reason, of any claim that the
union or any union officer or representative has acted or failed to act relative to presentation,
prosecution or settlement of any grievance or other matter as to which the union or any
union officer or representative has authority or discretion to act or not to act under the
terms of this agreement.
Any grievances which the corporation may have against the union in any plant, shall
be presented by the plant management involved to the shop committee of that plant.
In the
event that the matter is not satisfactorily adjusted within 2 w e e k s after such presentation,
it may be appealed to the third step of the grievance procedure upon written notice to the local
union and the regional director of the union.
Thereafter the matter will be considered at the
third step of the procedure as provided in paragraph (39).
If the matter is not satisfactorily
settled at this meeting or within 5 days thereafter by agreement, the case may be appealed
to the umpire by the corporation upon written notice to the international union at Detroit
and to the umpire.
Any issue involving the interpretation and/or the application of any term of this
agreement may be initiated by either party directly with the other party. Upon failure of the
parties to agree with respect to the correct interpretation or application of the agreement
to the issue, it may then be appealed directly to the umpire as provided in paragraph (43).
Any dispute arising as to the employee^ membership in the union shall be reviewed
by a representative of local management and the chairman of the local shop committee and/or
the financial secretary, and if not resolved, may be decided by the impartial umpire.
Any dispute which may arise as to whether or not an employee properly executed
or properly revoked an authorization for check-off of dues form, shall be reviewed with the
employee by a representative of the local union and a representative of local management.
Should this review not dispose of the matter, the dispute may be referred to the umpire
whose decision shall be final and binding on the employee, the union and the corporation.
Until the matter is disposed of no further deduction shall be made.
135
Strikes, Stoppages, and Lockouts
It is the intent of the parties to this agreement that the procedures herein shall
serve as a means for peaceable settlement of all disputes that may arise between them.
During the life of this agreement, the corporation will not lock out any employees
until all of the bargaining procedure as outlined in this agreement has been exhausted and
in no case on which the umpire shall have ruled, and in no other case on which the umpire
is not empowered to rule until after negotiations have continued for at least 5 days at the
third step of the grievance procedure. In case a lockout shall occur the union has the option
of cancelling the agreement at any time between the 10th day after the lockout occurs and the
date of its settlement.
During the life of this agreement, the union will not cause or permit its members
to cause, nor will any member of the union take part in any sit-down, stay-in, or slowdown,
in any plant of the corporation, or any curtailment of work or restriction of production or
interference with production of the corporation.
The union will not cause or permit its mem
bers to cause nor will any member of the union take part in any strike or stoppage of any
of the corporation's operations or picket any of the corporation's plants or premises until
all the bargaining procedure as outlined in this agreement has been exhausted, and in no
case on which the umpire shall have ruled, and in no other case on which the umpire is
not empowered to rule until after negotiations have continued for at least 5 days at the third
step of the grievance procedure and not even then unless authorized by the International Union,
United Automobile, Aerospace and Agricultural Implement Workers of America, AFL— CIO,
and written notice of such intention to authorize has been delivered to the personnel staff
of the corporation at least 5 working days prior to such authorization.
The union will not
cause or permit its members to cause nor will any member of the union take part in any
strike or stoppage of any of the corporation's operations or picket any of the corporation's
plants or premises because of any dispute or issue arising out of or based upon the provisions
of the pension plan, insurance program or supplemental unemployment benefit plan; nor will
the union authorize such a strike, stoppage, or picketing.
In case a strike or stoppage of
production shall occur, the corporation has the option of cancelling the agreement at any
time between the 10th day after the strike occurs and the day of its settlement.
The cor
poration reserves the right to discipline any employee taking part in any violation of this
section of this agreement.
The union has requested this national agreement in place of independent agreements
for each bargaining unit covered hereby.
Accordingly an authorized strike in one bargaining
unit under this agreement which results in an interruption of the flow of material or services
to operations in any other bargaining unit under this agreement will be considered an author
ized strike in any such affected bargaining unit.
Pension Plan, Insurance Program and Supplemental Unemployment Benefit Plan
. . . No matter respecting the provisions of the pension plan or the insurance pro
gram or the supplemental unemployment benefit plan shall be subject to the grievance proce
dure established in this agreement, except as expressly provided in paragraph (46) of this
agreement.
Supplemental Unemployment Benefit Plan
Section 3.
(a)
Appeals
Applicability of Appeals Procedure
(1) The appeals procedure set forth in this section may be employed only for the pur
poses specified in this section.
(2) No question involving the interpretation or application of the plan shall be subject
to the grievance procedure provided for in the collective bargaining agreement.
(b)
(1)
Procedure for Appeals
First Stage Appeals
(i)
An employee may appeal from the company's written determination (other than
determinations made in connection with section l(b)(ll) of article 1) with respect to the
payment or denial of a benefit or a separation payment . . .
136
(iii)
The local committee shall advise the employee, in writing, of its resolution
of, or failure to resolve his appeal.
If the appeal is not resolved within 10 days after
the date thereof (or such extended time as may be agreed upon by the local committee),
the employee, or any two members of the local committee, at the request of the employee
may refer the matter to the board for disposition.
(2)
Appeals to the Board
(i) An appeal to the board shall be considered filed with the board when filed with
the designated company representative for the plant at which the first stage appeal was
considered by the local committee.
(ii) Appeals shall be in writing, shall specify the respects in which the plan is
claimed to have been violated, and shall set forth the facts relied upon as justifying a
reversal or modification of the determination appealed from.
(iii) Appeals by the local committee to the board with respect to benefits or sep
aration payments shall be made within 20 days following the date the appeal is first con
sidered at a meeting of the local committee, plus such extension of time as the local
committee shall have agreed upon.
Appeals by the employee to the board with respect
to benefits or separation payments shall be made within 30 days following the date the
notice of the local committee’s decision is given or mailed to the employee. If the appeal
is mailed, the date of filing shall be the postmark date of the appeal.
(iv) The handling and disposition of each appeal to the board shall be in accordance
with regulations and procedures established by the board.
(v) The employee, the local committee or the union members of the board may with
draw any appeal to the board at any time before it is decided by the board, on a form
provided for that purpose.
(vi) There shall be no appeal from the board's decision. It shall be final and binding
upon the union, its members, the employee, the trustee, and the company.
The union
will discourage any attempt of its members to appeal and will not encourage or co
operate with any of its members in any appeal, to any court or labor board from a deci
sion of the board, nor will the union or its members by any other means attempt to bring
about the settlement of any claim or issue on which the board is empowered to rule
hereunder.
(vii) The local committee shall be advised, in writing, by the board of the dispo
sition of any appeal previously considered by the local committee, and referred to the
board.
A copy of such disposition shall be forwarded to the employee by the local
committee.
Section 2.
(a)
Board of Administration of the Plan
Composition and Procedure
(1) There shall be established a board of administration of the plan consisting of six
members, three of whom shall be appointed by the company (hereinafter referred to as the
company members) and three of whom shall be appointed by the union (hereinafter referred
to as the union members).
Each member of the board shall have an alternate.
In the event
a member is absent from a meeting of the board, his alternate may attend, and, when in
attendance, shall exercise the powers and perform the duties of such member.
Either the
company or the union at any time may remove a member appointed by it and may appoint
a member to fill any vacancy among the members appointed by it.
The company and the
union each shall notify the other in writing of the members respectively appointed by it
before any such appointment shall be effective.
(2) The members of the board shall appoint an impartial chairman, who shall serve
until requested in writing to resign by three members of the board.
If the members of the
board are unable to agree upon a chairman, the umpire under the collective bargaining
agreement shall make the appointment; provided, however, that the company and union mem
bers may, by agreement, request such umpire to serve as the impartial chairman of the
board.
The impartial chairman shall be considered a member of the board and shall vote
only in matters within the board’s authority to determine which the other members of the
board shall have been unable to dispose of by majority vote, except that the impartial chairman
shall have no vote concerning determinations made in connection with section 1(b)(11) of
article I (contrary to intent of plan).
137
(3) At least two union members and two company members shall be required to be pre
sent at any meeting of the board in order to constitute a quorum for the transaction of busi
ness.
At all meetings of the board the company members shall have a total of three votes
and the union members shall have a total of three votes, the vote of any absent member being
divided equally between the members present appointed by the same party.
Decisions of the
board shall be by a majority of the votes cast.
(4) Neither the board nor any local committee shall maintain any separate office or
staff, but the company and the union shall be responsible for furnishing such clerical and
other assistance as its respective members of the board and any local committee shall re
quire.
Copies of all appeals, reports and other documents to be filed with the board pursuant
to the plan shall be filed in duplicate, with one copy to be sent to the company members at
the address designated by them and the other to be sent to the union members at the address
designated by them.
(b)
Powers and Authority of the Board
(1) It shall be the function of the board to exercise ultimate responsibility for deter
mining whether an employee is eligible for a benefit or separation payment under the terms
of the plan, and, if so, the amount of the benefit or separation payment.
The board shall be presumed conclusively to have approved any initial determination by
the company unless the determination is appealed as set forth in section 3(b) of article V.
(2)
The board shall be empowered and authorized and shall have jurisdiction to:
(i)
hear and determine appeals by employees;
(ii) obtain such information as the board shall deem necessary in order to determine
such appeals;
(iii) prescribe the form and content of appeals to the board and such detailed pro
cedures as may be necessary with respect to the filing of such appeals;
(iv) direct the company to notify the trustee to pay benefits or separation payments
pursuant to determinations made by the local committee or the board;
(v)
prepare and distribute, on behalf of the board, information explaining the plan;
(vi)
perform such other duties as are expressly conferred upon it by the plan.
and
(3) In ruling upon appeals, the board shall have no authority to waive, vary, qualify, or
alter in any manner the eligibility requirements set forth in the plan, the procedure for apply
ing for benefits or separation payments as provided for therein, or any other provision of the
plan; and shall have no jurisdiction other than to determine, on the basis of the facts presented
and in accordance with the provisions of the plan:
(i) whether the first stage appeal and the appeal to the board were made within the
time and in the manner specified in section 3(b) of article V,
(ii) whether the employee is eligible for the benefit or separation payment claimed
and, if so,
(iii)
the amount of any benefit or separation payment payable; and
(iv) whether a protest of an employee^ state system benefit by the company is
frivolous.
(4) The board shall have no jurisdiction to act upon any appeal filed after the applicable
time limit or upon any appeal that does not comply with the board-established procedures.
(5) The board shall have no power to determine questions arising under the collective
bargaining agreement, even though relevant to the issues before the board. All such questions
shall be determined through the regular procedures provided therefore by the collective
bargaining agreement, and all determinations made pursuant to the agreement shall be
accepted by the board.
138
(6) Nothing in this article shall be deemed to give the board the power to prescribe in
any manner internal procedures or operations of either the company or the union.
(7) The board shall provide for a local committee at each plant of the company to handle
appeals from determinations as provided in section 3(b)(1) of article V, except determinations
made in connection with section 1(b)(11) of article I (contrary to intent of plan).
(i) The local committee shall be composed of two members designated by the com
pany members of the board and two members designated by the union members of the
board. . . .
(ii) Any individual appointed by the union as a member of a local committee shall
be an employee having seniority at the plant where, and at the time when, he is to serve
as a member of the local committee.
(iii) In addition to their regularly appointed local committee members the union
members of the board may name one additional employee, who qualifies under (ii) above,
as an alternate local committee member to serve during temporary specified periods
when one of their local committee members is absent from the plant during scheduled
working hours and unable to serve on the committee.
The company members of the
board may also name one alternate . . .
Section 9.
Cost of Administering the Plan
. . .
Expense of the Board
The compensation of the impartial chairman, which shall be in such amount and on such
basis as may be determined by the other members of the board, shall be shared equally by
the company and the union.
Reasonable and necessary expenses of the board for forms and
stationery required in connection with the handling of appeals shall be borne by the company.
The company members and the union members of the board and of local committees shall
serve without compensation from the fund. . . .
Pension Plan
Section 3.
(a)
Administration
Board of Administration
There shall be established a central board of administration hereinafter referred
to as the board, composed of six members, three appointed by the corporation and three by
the union.
Each member of the board shall have an alternate.
In the event a member is
absent from a meeting of the board, his alternate may attend and when in attendance shall
exercise the duties of the member.
Either the corporation or the union at any time may remove a member or alternate
appointed by it and may appoint a member or alternate to fill any vacancy among members
or alternates appointed by it.
The board of administration shall have no power to add to or subtract from or
modify any of the terms of this agreement or the plan, nor to change or add to any benefit
provided by said agreement or plan, nor to waive or fail to apply any requirement of eligi
bility for a benefit under said agreement or plan.
Any case referred to the board of administration on which it has no power to rule
shall be referred back to the parties without ruling.
No ruling or decision of the board of administration in one case shall create a
basis for a retroactive adjustment in any other case prior to the date of written filing of each
such specific claim.
There shall be no appeal from any ruling by the board which is within its authority.
Each such ruling shall be final and binding on the union and its members, the employee or
employees involved, and on the corporation.
139
The union will discourage any attempt of its members and will not encourage or
cooperate with any of its members, in any appeal to any court or administrative board or
agency from a ruling of the board of administration.
(b)
Impartial Chairman
(1) The corporation and the union shall mutually agree upon and select an impartial
chairman, who shall serve until requested in writing to resign by three board members.
(2) The impartial chairman will not be counted for the purpose of a quorum, and will
vote only in case of a failure of the corporation and union by vote through their representatives
on the board to agree upon a matter which is properly before the board and within the board*s
authority to determine; provided that the impartial chairman may vote only on matters in
volving the processing of individual cases, not on the development of procedures.
(3) The fees and expenses of the impartial chairman will be paid one-half by the cor
poration and one-half by the union.
(c) As soon as possible after the effective date of this agreement, the union and cor
poration members of the board of administration shall work out matters such as but not
limited to: (1) procedures for establishing local pension committees at the divisions or plants
involved; (2) the authority and duties of such local pension committees; (3) the procedures
for reviewing applications for pensions; (4) the handling of complaints regarding the deter
mination of age, service credits, and computation of benefits; (5) procedures for making ap
peals to the board; (6) means of verifying service credits to which employees are entitled
under the plan; (7) methods of furnishing information to employees regarding past and future
service credits; (8) the amount of time the union members of the local committees may be
permitted to leave their work to attend meetings of the local pension committees; (9) how
disputes over total and permanent disability claims will be handled, including disputes, if
any, with respect to whether a disabled pensioner engages in gainful employment; (10) the
review of pertinent information about the plan for dissemination to employees; (11) how pension
payments will be authorized by the board.
All such matters shall be consistent with all other
provisions of the plan and this agreement.
The working out of the procedures outlined in this
section shall be the responsibility of the corporation and union members of the board, and the
impartial chairman shall have no power to decide any question with respect thereto. . . .
No matter respecting the plan as modified and supplemented by this agreement or
any difference arising thereunder shall be subject to the grievance procedure established
in the collective bargaining agreement between the corporation and the union, except as ex
pressly provided in paragraph (46) of such collective bargaining agreement.
Insurance Program
(c)
(1)
Administration
The corporation shall be responsible for the administration of the program.
(2) All administrative expenses incurred by the corporation to execute the program set
forth in articles II and III shall be borne by the corporation.
(d)
Grievance Procedure not Applicable
It is understood that the grievance procedure of any collective bargaining agreement
between the parties hereto shall not apply to this program or any insurance contract in
connection therewith.
220-616 0
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66
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10
140
From the agreement between
PAPER BOX MANUFACTURERS and the
IN TERNATIONAL BROTHERHOOD OF PULP,
SULPHITE AND PAPER MILL WORKERS
(expiration date August 1967)
Grievance Procedure
Section 1. . . . Should differences arise in the plant between the company and the
union or its members employed by the company, or should any local trouble of any kind arise
in the plant, such grievances shall be reported by the union shop steward . . .
If the above
group is unable to come to a satisfactory conclusion within 48 hours, the management of the
company and the international union shall each select a representative.
%hese two shall
choose a third.
If, however, within 5 days the third party cannot be chosen, the third arbi
trator shall be selected under the rules of the American Arbitration Association, and these
three shall constitute an arbitration board, and their findings shall be final and binding.
Cost of the third arbitrator shall be borne jointly by the company and the union.
The arbitrators appointed or chosen hereunder to whom any grievance or dispute
shall be submitted shall have jurisdiction and authority only to determine the meaning and
application of or compliance with the provisions of this agreement, and shall not have juris
diction or authority to change or add to the provisions of this agreement.
Section 2,
Any dispute or grievance may be taken up by the Mutual Interest and Ad
justment Board, for settlement, provided both parties agree, before it is taken to arbitration.
Section 3. Should the company discharge an employee without just cause and it
should subsequently be determined as provided above that the employee should be reinstated,
such employee shall be reinstated and shall receive full pay for all time lost.
Strikes, Etc.
1.
The union and the company agree that there shall be no strikes, boycotts, lock
outs, or general slowing down of production by employees during the life of this agreement,
and that in the event differences should arise between the company and the union or its mem
bers employed by the company as to the meaning and application of this agreement, or should
any trouble of any kind arise in the plant, there shall be no suspension of work by the em
ployees on account of such differences.
From the agreement between
A FFILIA TE D DRESS MANUFACTURERS, INC., and the
INTERNATIONAL LADIES’ GARMENT WORKERS’ UNION
(expiration date January 1967)
Strikes— Stoppages— Lockouts
During the term of this agreement, there shall be no general lockout, general strike,
individual shop lockout or individual shop strike or shop stoppage for any reason or cause,
but work shall proceed in operation subject to the determination of any dispute or grievance
as hereinafter provided, except in cases where garments are not settled in the manner pro
vided for in this agreement, or wages are not paid on their due date as provided for herein,
or where a joint decision of the managers of joint council and the association, or their
deputies, or a decision of the impartial chairman has not been complied with within 24 hours
after it has been rendered, or where a member of the association is deemed to be in noncompliance under the express terms of any other provision of this agreement.
There shall
be no individual lockout, strike or stoppage pending the determination of any complaint or
141
grievance, except in the cases aforementioned.
Should the employees of any shop or factory
cause a stoppage of work or shop strike or should there result in any shop or factory a
stoppage of work or shop strike, for reasons other than those aforementioned, notice thereof
shall be given by the association to joint council.
The latter obligates itself to return the
striking workers and those who have stopped work to their work in the shop within 24 hours
after the receipt by joint council of such notice, except in the cases aforementioned, and
until the expiration of such time it shall not be deemed that the striking workers have aban
doned their employment.
In the event of a substantial violation of this clause on the part
of joint council, the association shall have the option to terminate this agreement.
The
existence or nonexistence of such substantial violation shall be determined by the impartial
chairman on all the facts and circumstances.
Notwithstanding the foregoing, the association recognizes the right of workers covered
by this agreement to stop work for any member of the association and his contractors during
the continuance of any strike or stoppage (not in violation of contract) declared by the inter
national or any affiliate thereof at any plant of any firm manufacturing the same types of
garments as are covered by this agreement which is directly or indirectly affiliated with the
member of the association. The impartial chairman shall have the right to determine whether
any such firm is affiliated with the member of the association. In determining whether such
affiliation exists, the impartial chairman shall be guided by the proof of the facts tending to
establish any mutuality or reciprocity of interests including whether such member of the
association has a substantial financial interest in such other firm.
Should any member of the association cause a lockout in his or its shop or factory,
notice thereof shall be given by joint council to the association.
The association obligates
itself, within 24 hours after the receipt of such notice, to terminate the lockout and to cause
its member to reemploy the workers, and until the expiration of such time, it shall not be
deemed that the employer has forfeited his rights under this agreement.
In the event of a
substantial violation of this clause on the part of the association, the union shall have the
option to terminate this agreement.
The existence or nonexistence of such substantial
violation shall be determined by the impartial chairman on all the facts and circumstances.
Notice of Stoppage or Strikes
Joint council shall give 3 days' notice to the association before calling a strike or
stoppage in the shops of contractors to whom a member of the association sends work, except
where garments are not settled in the manner provided for in this agreement, or where wages
are not paid on the regular payday specified in this agreement, or where a decision of the
impartial chairman has not been complied with within 24 hours after it has been rendered, or
where a member of the association is deemed to be in noncompliance under the express
terms of any other provision of this agreement.
In case a strike or stoppage shall occur
without such notice in such contractors' shops, joint council agrees, except in the cases
aforementioned, to restore the workers within 24 hours after demand of the association or
within 24 hours after compliance.
Adjustment of Complaints
All complaints, disputes or grievances arising between the parties hereto relating to
or in connection with or involving questions of interpretation or application of any clause of
this agreement, or any acts, conduct or relations between the parties or their respective
members, directly or indirectly, shall be submitted in writing by the party hereto claiming
to be aggrieved to the other party hereto, and the manager of the association and the manager
of joint council, or their deputies, shall, in the first instance, jointly investigate such com
plaints, grievances or disputes and attempt an adjustment. Decisions reached by the managers
or their deputies shall be binding on the parties hereto.
Should they fail to agree, the ques
tion or dispute shall be referred to a permanent umpire to be known as the "impartial chair
man" in the industry and his decision shall be final and binding upon the parties thereto.
In
the event of a default by either party or any member thereof, in appearing before the impartial
chairman, after due written notice of hearing of not less than 5 days by ordinary mail or by
manual delivery shall have been given to said party, through the association or joint council
(except in the case of a complaint of strike, stoppage or lockout, in which event a shorter
period of notice, in the discretion of the impartial chairman may be given), the impartial
chairman is hereby authorized to render a decision upon the testimony of the party appearing.
142
Where during the term of this agreement any firm resigns its membership from the asso
ciation, any complaint, dispute or grievance which joint council may have against such firm,
shall, in the first instance, be filed with the impartial chairman and he shall give at least
5 days' notice by certified mail to the firm at its last known address, or to an owner or
officer of such firm at his last known residence, of the date and place of hearing thereon,
and he shall enclose with such notice a copy of the complaint, dispute or grievance which
joint council has filed with him against the firm.
Any claim, complaint, dispute or grievance which any member of the association,
on the one hand, and joint council or any of the workers who are engaged in any of the crafts
covered by this agreement, on the other hand, may have against the other shall be instituted
as above provided by joint council or the association, as the case may be, and no right to
institute an action shall exist in favor of any individual member of the association or indi
vidual worker in the bargaining unit.
If any question or issue should arise concerning the validity of any clause of this
agreement or the arbitrability (substantive or procedural) of any complaint, dispute or griev
ance thereunder, the impartial chairman shall have exclusive jurisdiction to determine such
question, issue, or matter and his decision shall be final and binding.
The parties hereto designate Harry Uviller, Esq. , as impartial chairman to act
during the term of this agreement and agree that when he is unable to attend or to act for
temporary periods, he may designate a member of his staff to act in his place or, with the
consent of the parties, he may designate another person to act in his stead during such
temporary periods.
Should the impartial chairman resign, refuse to act or be incapable of acting, or
should the office become vacant for any reason, the parties shall immediately and within
5 days after the occurrence of such vacancy, designate another person to act as such impartial
chairman.
If they fail to agree, the mayor of the City of New York shall, on application of
either party, summarily make such appointment.
Each member of the association and the locals affiliated with joint council and the
members thereof engaged in any of the crafts covered by this agreement hereby assent to the
appointment of the impartial chairman designated herein and of his successor, if any, selected
in the manner above provided.
Each case shall be considered on its merits and the collective agreement shall con
stitute the basis upon which decisions shall be rendered.
No decision shall be used as a
precedent for any subsequent case.
All decisions reached by the managers of the parties hereto, or their deputies, or
rendered by the impartial chairman, shall be complied with within 24 hours.
Should any
member of the association fail to comply with such decision within such time or should
a member be deemed in noncompliance under the express terms of any other provision of
this agreement, he shall automatically lose all rights and privileges under this agreement,
and the union shall be free to take action to enforce the rights of the workers and the union
against such member and to obtain an award under any provision of this collective agreement.
In amplification of any and all rights which the manager of the association and the
manager of joint council, or their deputies, or the impartial chairman may have pursuant
to this agreement or by operation of law, it is agreed that in the event of any breach of the
collective agreements or any of the terms thereof by the members of the parties hereto, the
manager of the association and the manager of joint council, or their deputies, or the impartial
chairman, may as part of their decision, issue any and all mandatory directions, prohibitions
or orders directed to or against any party breaching the collective agreements or any part
thereof.
Subpoenas issued by the impartial chairman for the production before him of books,
records and documents of a member of the association shall be deemed to have been issued
in a "proper case. "
143
The decision reached by the managers or their deputies, or rendered by the impartial
chairman, shall have the effect of a judgment entered upon an award made, as provided by the
Arbitration Laws of the State of New York, entitling the entry of judgment in a court of
competent jurisdiction against the defaulting party who fails to carry out or abide by the de
cision.
It is hereby expressly agreed between the parties hereto that the oath of arbitrator
required by section 7506(a) of the Civil Practice Law and Rules and the Arbitration Laws of
the State of New York, is hereby expressly waived.
The parties further agree that service of all papers used in any application to the
court in any proceedings to confirm the award of the impartial chairman may be made by
certified mail, at the last known address of residence of the owner or officer of or place of
business of the respondent in such proceeding, within or without the State of New York, as the
case may be, including service of the papers conferring jurisdiction of the parties upon the
court, and the parties expressly agree that jurisdiction to confirm such award is hereby vested
in the Supreme Court of the State of New York.
It is the intention and agreement of the parties that the procedure established in this
agreement for the adjustment of disputes shall be the exclusive means for the determination of
all disputes, complaints or grievances specified herein, expressly including all strikes,
stoppages, lockouts and any and all claims, demands or acts arising therefrom. Neither party
shall institute any proceedings in a court of law or equity other than to enforce the decision
and award of the impartial chairman, or to compel the production of books and records of a
member of the association for examination by the impartial chairman or his accountants.
This provision shall be a complete and bona fide defense to any action or proceeding instituted
contrary to the terms hereof.
The procedure hereinabove outlined for the adjustment of disputes between the union
and the association shall also apply to all disputes between the union and the other associations
under collective agreements with it, if and when such associations enter into collective agree
ments with the union, and between the associations among themselves, and the impartial
chairman shall serve in that capacity with respect to the determination of all such disputes.
All disputes shall be heard on notice to all parties interested therein.
Financing Impartial Machinery
The parties hereto have determined that the sum of $200,000 per year is nec
essary to maintain the office of the impartial chairman and administrator, and to make it
possible for them and each of them to lease necessary space, to acquire necessary equipment
and supplies and to employ the necessary number of persons required for the speedy and
efficient administration of their duties under the terms of this agreement. It is hereby agreed
that the union shall pay towards that amount the sum of $30, 000 per year and that the
United Better Dress Manufacturers' Association, Inc. , shall pay towards that amount the sum
of $19,000 per year, and that the popular price dress contractor association in collective
agreement with the union shall pay towards that amount the sum of $16,500 per year, and
the Affiliated Dress Manufacturers, Inc., the National Dress Manufacturers' Association, Inc. ,
and the Popular Price Dress Manufacturers' Group, Inc., shall collectively pay the sum of
$84,000 per year. . . .
The amounts required to be paid by the Affiliated Dress Manufacturers, Inc. , the
National Dress Manufacturers' Association, Inc., and the Popular Priced Dress Manufac
turers' Group, Inc., shall continue to be raised from the members of each of the said
associations through payments for "settlement stamps" for each new style "settled" or man
ufactured by them.
The price to be paid for such stamps shall be determined twice a year,
at the beginning of the spring and fall seasons, by the impartial chairman after consulting
with the parties, and his decision shall be based on the deficit, if any, in the amount paid
during the past 6 months' operation, and the estimated number of styles to be "settled" or
manufactured during the ensuing 6 months. . . .
Each member of the association agrees to maintain his shop or factory at the level
of efficiency which meets the requirements of the above provisions and further agrees to be
bound by the rules and regulations heretofore or hereafter adopted by the parties hereto or
promulgated by the impartial chairman to secure compliance with the above provisions and
agrees to be bound by the remedies therein contained for noncompliance.
144
Each of the parties hereto shall have the right, at the end of each 6 months during
the term of this agreement, to suggest to the other, changes in or amendments of the rules
and regulations theretofore promulgated.
In such event, the parties shall meet in conference
to consider the suggestions, and upon their failure to agree the matter shall be referred to the
impartial chairman of the dress industry who shall, after hearing, decide the same and whose
decision shall be final and binding upon the parties hereto.
The parties hereto agree that the administrative board under the direction of the
impartial chairman shall establish a special department to be attached to his office, com
posed of a sufficient number of competent persons who are qualified by experience and training
in problems relating to management and production. They shall counsel and advise and render
such other assistance to individual members of the association which will aid and facilitate
their efforts to effectuate the standards above set forth.
Funds for the implementation of the
special department shall be raised only with the mutual consent of the parties hereto.
. . . The administrative board shall have full power and authority to achieve the
purposes set forth in the last preceding paragraph /"regulations of contractors and working
conditiohsT/. to formulate all necessary rules, regulations and methods of procedure in con
nection therewith, not inconsistent with the covenants and principles set forth in subdivision
"B " hereof, and shall have full power and authority to administer the provisions of this
paragraph 14.
The administrative board shall also have jurisdiction over grievances,
disputes or controversies affecting piece rate settlements and to decide, on an over-all in
dustry basis, upon differentials for geographic areas, and shall have such additional powers
as are conferred upon it in this agreement or may hereafter be conferred upon it by joint
council and the associations with which it has made collective agreements. . . .
Any decision of the administrative board, to be effective, shall be unanimous. Such
decision shall be final and binding upon the parties hereto and their members.
If the admin
istrative board is unable to agree on any matter which may properly come before it, the
impartial chairman provided for hereafter shall decide the same and his decision shall be
final and binding and become the decision of the administrative board and be binding upon the
parties hereto and their members.
Unsettled Garments
Garments shall be settled before they are put in work. . . . Upon request of either
party to this agreement, the administrative board and/or the impartial chairman shall settle
the piece rates on any garments in dispute within 48 hours.
Schedules
All general schedules of piece rates which the administrative board or the impartial
chairman has heretofore adopted as a guide for the settlement of piece rates in the industry
shall continue in full force and effect, except as otherwise herein provided.
The parties hereto have agreed upon an official schedule for operating to be used as
the basic guide for settling piece rates for each price line and/or for groups of price lines.
Said schedule shall replace previously existing schedules.
The parties hereto agree to confer as soon as possible after the signing of this
agreement for the purpose of initiating a study to establish grades in the industry and sched
ules for each such grade, which shall be used as the basic guide for the settlement of piece
rates for garments.
Any disagreement between the parties shall be referred to the impartial
chairman for mediation but not for arbitration.
. . . Where it shall have been established that there has been an underpayment made
by a member of the association to his contractor as a result of which the workers have been
underpaid or an underpayment by the contractor to the workers, the amount of such under
payment shall be paid by such member of the association to the workers so underpaid. If such
underpayment shall have been deliberate or the result of any collusive arrangements, the
member of the association and/or the contractor shall, in addition to the foregoing, be subject
to such other damages as may be agreed upon between joint council and the association or
upon their failure to agree as may be determined by the impartial chairman.
145
Change in System of Production
The association shall have the right to apply to joint council on behalf of any mem
ber of the association for a change in the system of production to section piecework in the
inside shop of the member of the association and/or in the shops of his contractors.
Upon
joint council's consent thereto, arrangements may be made for the introduction of such system
upon terms and conditions that may be mutually agreed upon in writing.
However, with
respect to garments manufactured in the price ranges of $8.75 and below, a member of the
association may change the system of production to section piecework provided the workers
involved shall consent thereto.
Immediately after the effective date of this agreement,
the parties hereto shall meet for the purpose of working out rules, regulations and pro
cedures for the proper operation of the section piecework system in the aforementioned
price ranges.
Upon their failure to agree, the matter shall be submitted to the impartial
chairman hereinafter named for his determination and his decision shall be binding upon the
parties.
In like manner, either of the parties hereto may seek amendment, modification or
addition to any rules, regulations and procedures which may have theretofore been agreed
upon or determined.
Any controversy which may arise with respect to the operation of the
section piecework system in any shop manufacturing garments in the price ranges of $8.75
and below shall be deemed a dispute over which the impartial chairman shall, at all times,
have jurisdiction.
Cutting Departments
A member of the association shall not send goods to be cut to any individual, firm
or corporation which is engaged exclusively in the business of cutting garments; nor shall
any member of the association, who does not operate an inside shop but maintains a cutting
department, move it from its present location to any place beyond which the public carrier
fare is more than 15 cents; nor shall any member of the association discontinue his cutting
department unless by agreement with joint council or decision of the impartial chairman.
Discharge of Workers
The employer may discharge his workers for the following causes:
Incompetency,
Misconduct,
Insubordination in the performance of his work,
Breach of reasonable rules to be jointly established,
Soldiering on the job.
In the event of reinstatement of a discharged worker, the impartial chairman may
award him compensation for loss of time.
Health and Welfare Fund— Rules and Regulations
The health and welfare fund shall be administered by a health and welfare council
consisting of . . . The council shall be presided over by the impartial chairman designated
hereinafter who shall have the power to break any deadlock which may arise between the
representatives of the joint board and the representatives of the aforenamed associations who
are members of the health and welfare council. . . .
Retirement Fund— Rules and Regulations
The retirement fund shall be administered by a retirement council consisting of . . .
The council shall be presided over by the impartial chairman designated hereinafter who shall
have the power to break any deadlock which may arise between the representatives of the
joint board and the representatives of the aforementioned associations who are members of the
retirement council. . . .
Joint Board— Proper Party to Enforce Agreement
The parties agree that joint board is the proper agency to enforce and administer the
provisions of this agreement on behalf of the union and/or joint council, and to file complaints,
disputes or grievances arising between the parties hereto with the association and to adjust
said complaints, disputes or grievances, and joint board shall on behalf of the union and/or
joint council file and process, before the impartial chairman, any and all complaints, disputes
or grievances.
146
From the agreement between
THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY and the
COMMUNICATIONS WORKERS OF AMERICA
(expiration date November 1966)
Section 6. 1 The company and the union recognize the right of any individual em
ployee or group of employees to present grievances to management representatives of the
company.
Grievances shall receive fair, just, and speedy consideration and shall be handled
without prejudice or discrimination.
Section 6 .2 Grievances must be presented within 30 days following the occurrence
of the action which is the basis of the controversy, to be eligible for handling under the
arbitration provisions of article 29. . . .
Section 12. 13 The company shall distribute the opportunity to work time which re
quires payment at premium rates as equitably as the needs of the service will permit.
Rep
resentatives of the company and the union shall endeavor to determine the employee groups
which are appropriate for this purpose.
In the event of failure to reach agreement, final
determination of the appropriate employee groups will be made by the general plant manager
or his authorized representative.
The provisions of this section shall not be subject to
arbitration. . . .
Article 23
Seniority . . .
. . . Questions of seniority in promotion may be referred to the grievance procedure
set forth in article 6, hereof, but neither the provisions of this subsection nor their application
shall be subject to arbitration, . . .
Section 23.7 The company shall take seniority into consideration in selecting em
ployees for training.
Nothing in this provision shall limit the company's right to select
employees for training who, in its judgment, are best qualified to receive such training.
Neither the provisions of this section nor their application shall be subject to arbitration. . . .
Plan for Employees' Pensions, Disability Benefits and Death Benefits
Section 27. 1 In the event, during the life of this contract, the company desires to
make a change in the "Plan for Employees' Pensions, Disability Benefits and Death Benefits"
which would affect the pensions, disability benefits and death benefits of employees within
the bargaining unit, it will, before making a change, notify the union and afford the union
a period of 60 calendar days for bargaining; provided, however, that no change may be made
in the plan which would reduce or diminish the pensions, disability benefits and death benefits
provided thereunder, as they may apply to employees within the bargaining unit, without
consent of the union.
Section 27. 2 Any claim that section 27. 1 of this article has been violated may be
presented as a grievance and, if not resolved by the parties under their grievance machinery,
may be submitted to arbitration pursuant to the provisions of article 29, but in such case
any decision or action of the company shall be controlling unless shown to have been dis
criminatory or in bad faith, and only the question of discrimination or bad faith shall be
subject to the grievance procedure and arbitration. However, nothing in this contract shall
be construed to subject the plan or its administration to arbitration. . . .
Article 29
Arbitration
Section 29. 1 Except as otherwise provided in this contract, if a grievance has been
presented within the time limits required by section 6. 2 and section 6. 3 and has been handled
in accordance with the provisions of section 6. 1 and has not been satisfactorily adjusted, the
union within 30 days after the grievance has been referred for settlement to the general
plant manager or his authorized representative may request that the grievance be arbitrated
subject to the following conditions:
147
(a) The provisions for arbitration shall apply only to controversies between the
union and the company regarding the true intent and meaning of any provision of this
contract, or regarding a claim that the company has not fulfilled a commitment made
in this contract.
(b) The union shall notify the company in writing of its intention to arbitrate the
dispute, setting forth in detail the issue or issues involved, the facts out of which
they arose, and their contention.
(c) A meeting between the general plant manager or his authorized represen
tative and the officer of the international union directing district 9 of the union or
his authorized representative shall be called within 10 days of receipt of such written
notice.
Such a meeting shall be conducted within the territory covered by this
bargaining unit.
(d) In the event a settlement is not reached within 15 days following receipt
of notice of intention to arbitrate, an arbitration committee shall be established within
5 days thereafter consisting of one representative appointed by the union and one
representative appointed by the company.
The persons so appointed shall, within
10 days after their appointment, select an impartial person as the third arbitrator
who shall act as chairman. If agreement is not reached within 10 days from the time
both representatives were appointed, the union may request the Director of the
Federal Mediation and Conciliation Service to name a panel of seven arbitrators and
the parties in turn shall have the right to strike a name from the panel until only
one name remains.
The remaining person shall be a member of the arbitration
committee and shall act as chairman of the arbitration committee.
The right to be
the first to strike a name from the panel shall be set by lot.
(e) Hearings before this arbitration committee shall be commenced within
5 days of the selection of the chairman if convenient to him; otherwise as soon as
possible, and carried to a conclusion as expeditiously as possible.
The committee
shall hear and accept pertinent evidence submitted by both parties and shall render
a decision in writing to both parties within 15 days of the completion of the hearing.
Section 29. 2 The decision of a majority of the arbitration committee shall be final
and binding on both parties and the company and the union agree to abide by such decision.
Section 29. 3 The arbitration committee shall have no authority to change, add to,
or subtract from the contract.
Section 29.4 The time periods referred to in this article exclude Sundays and hol
idays recognized in this contract and may be extended by mutual agreement.
Section 29. 5 Each party shall pay for its own witnesses and the compensation and
expenses of the arbitrator appointed by each party shall be borne by the respective organiza
tions appointing them, while those of the arbitration committee chairman and the general
expenses of arbitration shall be borne by the company and the union in equal parts.
From the agreement between
RESTAURANTS OF OREGON ASSOCIATION and the
HOTEL AND RESTAURANT EMPLOYEES AND
BARTENDERS IN TER N A TIO N A L UNION
(expiration date May 1967)
Arbitration
All disputes arising under this agreement concerning the application or interpretation
thereof, or disputes concerning the employee-employer relationship, shall be settled by nego
tiation between representatives of the parties hereto.
In the event the parties are unable to
agree within a period of not to exceed 10 days, such dispute shall be settled by arbitration
148
in the manner hereinafter set forth; provided, however, that matters arising out of the expi
ration of this agreement or annual openings are not subject to arbitration unless, when such
matters arise, the parties sign a joint submission agreement submitting themselves to arbi
tration and defining the particular issues to be arbitrated. Unless a different procedure is set
forth in an applicable joint submission agreement, disputes to be arbitrated shall be arbitrated
in the following manner: The local joint executive board shall appoint a representative and the
employer or employers shall appoint a representative, and in the event said two represent
atives are unable to agree within a period of not to exceed 10 days; said two representatives
shall agree upon a third impartial person, which persons shall constitute the arbitration board.
If said persons are unable to agree within a period of not to exceed 10 days, the local joint
executive board and the employer or the employers shall call upon the Federal Mediation
and Conciliation Service to name a third impartial person, who, with the aforesaid two repre
sentatives, shall constitute the arbitration board.
The decision of the majority of said board
upon any question submitted to it shall be final and binding and shall be retroactive to the date
notice is given of said grievance, dispute or matter concerning the employee-employer
relationship.
The effective date of matters arbitrated under a joint submission agreement
shall be governed by the terms of the joint submission agreement. There shall be no strikes,
lockouts or other stoppage of work pending such negotiation or arbitration.
Any grievances arising hereunder shall be reported in writing to the other party
hereto, and such grievance shall be adjusted by negotiation or arbitration, in accordance with
this agreement, forthwith; provided, however, that charges against an employee for violation
of union working rules must be made in writing by the employer, and any fines collected
must be collected by the union.
. . . Employees who stock or service vending machines from which food or bever
ages cooked, prepared or processed on the employer^ premises are dispensed, are covered
by this contract.
Wage rates or classification issues that may arise during the life of this
agreement under this section shall be settled by mutual agreement between the parties or
submitted to the arbitration processes of the agreement for final determination.
Appendix D. Selected Arbitration Provisions Negotiated by Small Companies
From the agreement between
AMERICAN METAL SPECIALTIES CORPORATION and the
INTERNATIONAL UNION OF E LEC TR IC A L, RADIO AND
MACHINE WORKERS
(expiration date January 1965)
Section 1
When any differences arise between the employer and the union or its members, the
grievance shall be reduced to writing, and an earnest effort shall be made to settle such
matters in the following manner: . . .
In the event such differences cannot be settled in the steps provided above, a
board of arbitrators shall be set up composed of three members as follows:
One selected by the company.
One selected by the union.
A third member selected in accordance with the procedure of the American
Arbitration Association.
The decision of the majority of the board shall be final and binding upon both
parties. The expenses and salary incident to the service of the impartial arbitrator
shall be equally borne by the company and the union.
Section 2
During the life of this contract there shall be no strikes, slowdowns, work stoppages,
or lockouts.
From the agreement between
DECOREL CORPORATION and the
UPHOLSTERERS* INTERNATIONAL UNION OF NORTH AMERICA
(expiration date December 1964)
3. It is agreed that dispute over matters covered in this agreement shall be referred
to the proper officers of the employer and the authorized representatives of the union.
If
the dispute cannot be satisfactorily adjusted by these representatives of the parties hereto,
it shall immediately be referred to the arbitration board of three members.
4.
Arbitration Machinery:
(a)
The board of arbitration shall consist of one representative appointed by the
employer, and one representative appointed by the union, and a third member, des
ignated as the impartial chairman, who shall be selected by the representatives
appointed by the parties to this agreement.
149
150
(b)
Within 5 days after the employer or the union shall notify the other of its
desire to submit the matter in dispute to arbitration, the parties shall designate
and notify the other party of their respective representatives of the board.
Within
the same period of 5 days the representatives1 parties shall be required to agree
upon the appointment of the impartial chairman. In the event that the representatives
of the parties are unable to do so within said period, then the impartial chairman
shall be selected in accordance with the rules then obtaining of the Federal Mediation
and Conciliation Service.
(c) The board of arbitration shall conduct a hearing as expeditiously as is
possible and shall render its decision immediately and without undue delay.
A
majority decision of the board of arbitration shall be final and binding on all parties.
(d) In conducting hearings, the board of arbitration shall have the authority
to call for any evidence written or oral.
The parties affected shall be afforded
a full opportunity to present any evidence, written or oral, which may be pertinent
to the matter in dispute.
Cases involving charges of unjust discharge or discrimination shall be given prec
edence by the board.
(e) The expenses of the impartial chairman shall be borne equally by both
parties to this agreement.
(f) Failure to submit a matter in dispute to arbitration and failure to comply
immediately with the decision of the board shall be deemed a violation of this
agreement.
(g)
If the decision favors the employee, it shall be retroactive to the date the
original complaint was first submitted to the employer.
5.
Guilt Determination— The guilt of participation of any employee in an unauthorized
strike, work stoppage, or slowdown shall, at the request of the union, be subject to the
grievance and arbitration provision of the within agreement.
The employer further agrees
that in imposing any penalty upon any violators of the within clause, it will not discriminate
in the levying of such penalties among the participants of the unauthorized strike, work
stoppage, or slowdown. . . .
In the event that any employee is discharged or discriminated against such employee
shall have the right to resort to the machinery of adjustment provided in this agreement,
and the remedy prescribed shall be final and binding on the parties hereto.
This paragraph
shall not interfere with the necessary reduction of the working force in slack period.
Article VI
Settlement of Disputes— All price, rates of wages, disputes, or any grievances
between the employer and the union, or any of the employees, shall, in the first instance,
be taken up for adjustment between the union*s plant steward and the employer; if a mutually
satisfactory adjustment is not arrived at the union*s business representative, or an inter
national union representative, shall attempt to adjust the matter with the employer.
Should a controversy arise between said parties during the term of this agreement
both parties agree to use all honorable means to bring about a fair adjustment. There shall
be no cessation of work or withdrawal of members of the union while negotiations for ad
justment of existing differences are pending during the term of this agreement.
151
From the agreement between
GREENBELT CONSUMER SERVICES, INC., and the
AMALGAMATED MEAT CUTTERS AND BUTCHER
WORKMEN OF NORTH AMERICA
(expiration date September 1966)
Grievances and Arbitration
Article XVI.
A.
In the event a grievance or dispute arises under the terms and
during the life of this agreement that cannot be adjusted by the union and the employer within
a reasonable time, either party may request that such grievance or dispute be submitted to
arbitration as follows:
Either party shall, in writing, notify the other of the need for the appointment of a
board of arbitration and shall at the same time state the name of its representative on said
board.
Within 3 days after receipt of such notice, the other party shall designate, in writing,
the name of its representative on said board.
The two members so selected shall within
5 days select a third member of the board of arbitration. If within the said 5 days the two
members are unable to agree on the third member of the board, either party may request
the American Arbitration Association to designate the third member of the board.
The board
of arbitration shall meet within 5 days after the selection of the third member, who shall
be its chairman, a^nd shall conduct a hearing and receive testimony and shall thereafter
within 5 days submit its findings and render its decision in writing.
The decision of a
majority of the board shall be binding and conclusive on the parties hereto as well as on the
parties directly affected thereby.
The expense of the third member of the board shall be
borne equally between the employer and the union.
There shall be no strike or lockouts
pending the decision of the Board of Arbitration.
B.
Under all circumstances, an employee or the union must give the employer
notice in writing of intention to contest discharge or disciplinary action within 30 days from
the date on which the employee has received notice of the discharge or disciplinary action.
If such notice is not so given, the aggrieved party and the union shall be deemed to have
waived its or their rights to arbitration.
C.
The executive board of the local union shall have the final authority, in respect
to any aggrieved employee covered by this agreement, to decline to process a grievance,
complaint, difficulty or dispute; further, if in the judgment of the executive board such griev
ance or dispute lacks merit or lacks justification under this agreement to the satisfaction
of the union executive board.
Strikes and Lockouts
Article XVIII.
(1)
A.
Except for:
Refusal to comply with the arbitration machinery set forth herein, or
(2) Refusal to comply with the decision of the board of arbitration, there will be no
strikes or lockouts during the existence of this agreement.
The union agrees that during
such time it will not order, but will use every effort to prevent a concerted cessation of
work by any of the employees of the employer for any reason.
Nothing herein contained shall
compel any employee to walk through a picket line; provided, the picket line has the sanction
of its own international union, and the Greater Washington Central Labor Council.
152
From the agreement between
STERLING PAPER COMPANY and the
INTERNATIONAL BROTHERHOOD OF PULP,
SULPHITE AND PAPER M ILL WORKERS
(expiration January 1968)
Should differences arise in the plant between the company and the union or its mem
bers employed by the company, or should any local trouble of any kind arise in the plant,
such grievances shall be reported by the shop steward . . . but if the company and union
are unable to come to a satisfactory conclusion the management of the company and the
international union shall each select a representative. These two shall choose a third.
If,
however, within 5 days the third party cannot be chosen, the third arbitrator shall be selected
by the State secretary of labor, and these three shall constitute an arbitration board, and
their findings shall be final and binding upon both parties.
Cost of third arbitrator shall
be borne jointly by the company and the union.
Should the company discharge an employee for cause, it should subsequently be deter
mined as provided above that the employee should be reinstated, such employee shall be
reinstated and shall receive full pay for all time lost, but not to exceed the total of three
weeks' pay unless hearings are delayed by the company.
Strikes, Etc.
The union and the company agree that there shall be no strikes, boycotts, lockouts,
or general slowing down of production by employees during the life of this agreement and that
in the event differences should arise between the company and the union, or its members
employed by the company, as to the meaning and application of this agreement, or shall any
local trouble of any kind arise in the plant, there shall be no suspension of work by the
employees on account of such differences.
From the agreement between
CITY PRODUCTS COMPANY, CHICAGO HOUSE OF BEN FRANKLIN DIVISION and the
IN TERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS,
WAREHOUSEMEN AND HELPERS OF AMERICA (Ind.)
(expiration date May 1967)
Section 11— Adjustment of Grievances
Should differences arise between the company and the union or its members employed
by the company as to meaning and application of the provisions in this agreement, such
differences shall be settled in the following manner: . . .
Upon failure to reach a settlement, the whole matter shall be referred to the
representative of the union and the house manager.
If no agreement has yet been reached, the company and the union agree to
submit the matter to arbitration and accept the decision of the majority of the arbi
tration board, consisting of one member selected by the company and one member se
lected by the union, and the third selected by the two arbitrators nominated as
above. The decision of two or more of the three members shall be the decision
on the arbitration of such controversies and shall be final and binding upon all
parties thereto.
It shall be incumbent upon both parties to nominate the arbitrator within 5 days
after such notice is given.
The expense of such arbitration is to be borne equally
between the company and the union.
153
Section 13— Strikes and Walkouts
It is agreed that there shall be no strike, stoppage of work or lockouts during the
period this agreement is in force, pending the adjustment of any dispute in accordance with
the machinery set forth in section 11.
It shall not be a violation of this agreement for the employees covered hereunder to
refuse to cross a picket line legally established or approved by Local 743 of the International
Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America.
From the agreement between
NOSCO PLASTICS, INC., and the
UNITED RUBBER, CORK, LINOLEUM AND
PLASTIC WORKERS OF AMERICA
(expiration date April 1967)
A grievance is a complaint, dispute or controversy in which it is claimed that the
company has failed to comply with an obligation assumed by it under the terms of this agree
ment, and which involves either (1) a dispute as to the facts involved, (2) a question con
cerning the meaning, interpretation, scope or application of this agreement or (3) both. . . .
1. Within 30 working days after the company*s final answer, Step (d), to a
grievance, either party may refer the matter to arbitration by written notice to the
other unless it is mutually agreed to extend the above time limit.
2.
Upon notice of a desire to arbitrate from either party to the other in writing
and if the parties are unable to mutually agree upon an arbitrator, the Federal
Mediation and Conciliation Service will be requested to submit the names of five
persons qualified to act as arbitrator.
The representatives of the union and rep
resentatives of the company shall each have the choice of rejecting the names of two
of these five persons, and the remaining or fifth shall be the arbitrator.
The decision
of the arbitrator shall be final and binding on both parties and compliance effected
within 5 working days if possible.
The agreed expense of any arbitration, excluding
attorney fees, shall be shared equally by both parties.
3.
It is understood and agreed that the arbitrator shall have no right or power
to add to or subtract from or to change the terms of this agreement and that the
arbitrator shall have no right or power to disregard any of the expressed provisions
of this agreement. The general wage scale will not be subject to arbitration. . . .
Since adequate provisions are hereby made for the handling of grievances, there shall
be no slowdown, sitdown, stoppage of work, strike, or lockout over matters subject to the
grievance procedure, including arbitration. . . .
From the agreement between
SAW SERVICE INDUSTRY— CALIFORNIA, and the
UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA
(expiration date May 1966)
Section 8— Arbitration
(a)
If any question is raised as to either party violating this agreement, the com
plaining party shall take the matter up with the other party, and unless a satisfactory settle
ment is reached within 48 hours either party shall have the right of appeal to an arbitration
committee which shall consist of two representatives of the employer and two representatives
of the union.
Pending the decision of this committee neither party to this agreement shall
take any action that will in any way delay or interrupt the orderly conduct of the business
interests herein represented.
Provided, however, that if the committee shall fail to agree
within 48 hours after formal notification of the invocation of this clause is made by either
party to this agreement, they shall immediately choose a fifth disinterested member and shall
render a decision w ith in 5 working days after the appointment of such fifth member.
The
decision of this committee shall be final and binding upon all parties concerned.
154
(b)
If the committee shall fail to agree on a fifth disinterested member, then the
director of the Federal Mediation and Conciliation Service shall submit a list of five names,
two of which may be stricken by the union, two by the company, and the remaining to be
the fifth arbitrator.
(c)
It is agreed by the union and the employer, parties hereto, that during the
term of this agreement there shall be no strike or lockout or boycott of the employees prod
ucts by the unions, parties hereto, or by the employers, parties hereto, until all of the
foregoing have been complied with. . . .
Upon failure of a company signatory hereto to pay the benefits as set forth in this
employer-employee agreement, such as health and welfare, vacations, holidays, wages,
overtime or any other payments, the union representative shall give 10 days prior written
notice demanding payments due. If this is not complied with by the company, then section 8
Arbitration/shall become inoperative and the union, at its discretion, may withdraw the em
ployees from their place of employment until such benefits due are paid.
From the agreement between
GROUP HEALTH COOPERATIVE OF PUGET SOUND and the
WASHINGTON STATE NURSES ASSOCIATION (Ind.)
(expiration date June 1965)
It is the mutual desire of both parties that attempt be made to resolve all misunder
standing, differences or grievances that may result from interpretation or application of this
agreement as close to the work situation as possible.
Toward this end the following steps
to solve problems will be followed in an effort to minimize the need for more formal
procedures. . . .
Arbitration: If the problem or controversy has not been settled after going through
the above steps either party shall give the other 5 days notice of its desire to arbitrate a
stated point or points, and designate an arbitrator.
The other party shall designate its
arbitrator promptly and in case of its failure to do so within 5 days after such notice the
arbitrator first appointed shall arbitrate the dispute alone.
If a second arbitrator is appointed, these two shall designate a third at once, and the
decision of the majority of the three shall be final.
If a third arbitrator cannot be agreed
upon within 5 days, the regional director of the Federal Mediation and Conciliation Service
shall be requested to designate the third arbitrator.
Cost of arbitration will be shared equally by the nurses association and the employer.
Arbitration, as herein represented shall apply during the period of negotiations, fol
lowing reopening of the agreement, in case of wages, hours, and working conditions, and all
pertinent matters to be embodied in the new agreement, after a reasonable period of time
has been given to conclude the negotiations and reach a new agreement.
This reasonable
period of time is agreed to be 4 months after the expiration date.
Either party may elect
to submit the matter to arbitration in the manner set forth in the above mentioned section on
arbitration.
The. arbitrator's decision shall be final and binding.
Strikes or Lockouts: This clause is included in recognition of the mutual respon
sibility of the Nurses Association and employer for continuity of patient care.
For the
duration of this agreement, the nurses association and its members will not cause, sanction,
condone, take part in, or in any way directly or indirectly aid in any strike, walk-out,
picketing, boycott, slowdown, or stoppage of work, or any other interference whatever with
the efficient operation and conduct of the employer's business, or take any action whatever to
prevent access of employees to the employer's place of business.
The employer agrees that
during this same, period there shall be no lockouts, nor shall nurses be required to perform
other than usual duties.
155
From the agreement between
RHEEM MANUFACTURING COMPANY and the
INTERNATIONAL ASSOCIATION OF MACHINISTS
(expiration date May 1968)
Article XV
Grievance Procedure
Section 1— General
(a) Any dispute between the company and any employee as to the application of any
provisions of this agreement shall be subject to adjustment in accordance with the procedure
set forth in this article, provided that if any employee desires to process his own grievance
he may do so, and in which case, the union shall have an opportunity to be present at hearings,
and any settlement made shall not be inconsistent with this agreement.
(b) The union and the company recognize that either party to this agreement may file
a grievance on its own behalf which specifically alleges a violation of the interpretation and
application of this agreement. . . .
Step 4
If the grievance shall have been submitted but not adjusted under step 3, either party
may thereupon request, in writing, that the grievance be submitted to arbitration if such
request is made within 20 workdays after conclusion of step 3.
Within 5 days upon receipt
of such request, the arbitrators shall be chosen in the following manner; one shall be appointed
by the company; one shall be appointed by the union; the two arbitrators so appointed shall
then select a third.
In the event the two arbitrators are unable to select a third arbitrator
within 5 days from the date they shall have been appointed, they shall request the American
Arbitration Association to submit one list of nine panel members from which the parties
shall make their selections.
If the selections of each party do not result in the designation
of an arbitrator, the American Arbitration Association shall be requested to select the arbi
trator.
The decision of the arbitrators shall be final and conclusive on both the company
and the union.
Expenses of the arbitration shall be borne equally by the company and
the union.
Section 3--- Limitations Upon Arbitrators
Both parties to this agreement agree that the powers and jurisdiction of the arbi
trators shall be limited as follows:
(a) They shall have no power to add to, or subtract from or modify any of the
terms of this agreement.
(b) They shall have no power to establish production standards or wage sched
ules or to change any wage, except as and to the extent empowered under article VIII
hereof.
Any decisions made under article VIII shall be governed by the principle
that any new, adjusted or modified base wage rate shall be in line with other rates
in the plant.
(c)
If any award of the arbitrators shall require the approval of any govern
mental agency, the said award shall be subject to such approval.
Both parties shall
join in requesting review by such agency.
220-616 0
-
66
-
11
156
From the agreement between
COSBY-HO DG ES MILLING CORPORATION and the
R ETA IL, WHOLESALE AND DEPARTMENT STORE UNION
(expiration date January 1968)
Article VII— Settlement of Disputes
Section 1
It is agreed that should any charge of violation of this agreement, charge of dis
crimination, grievance or dispute arise at any time on the part of the employees, the matter
must be brought up within 5 days after the alleged occurrence.
Such matters shall be settled
in the following manner: . . .
D.
In the event the dispute cannot be satisfactorily settled within 10 days after
the matter has been brought up, then within 10 days it shall be appealed to an
impartial umpire to be appointed by mutual consent of the parties hereto.
The
decision of the umpire shall be final and binding and to be rendered within 10 days
after submission to him.
The salary and expenses incident to the services of the
umpire shall be shared equally by the company and the union.
E.
If a dispute is decided in favor of the employee, such employee will be
reinstated.
The umpire shall determine whether or not the employee shall be paid
for lost time in part or in whole.
F.
In the event the company has a complaint for noncompliance with this agree
ment, it may, without waiver of any other rights or discretion of management held
by it, take up the complaint with the grievance committee or principal official of the
union in the district for immediate consideration and if not settled within 5 days,
may require a decision by an umpire as above provided.
Section 2
There shall be no slowdowns, stoppage of work or lockout, pending the hearing
and determination of any dispute, and conditions involved in the dispute shall remain the
same during the hearing, and decision reached at any time of the proceedings as hereinabove
provided, shall be final and binding on both parties and shall not be subject to reopening
except by mutual consent.
Any employee participating in or inciting a slowdown, wprk
stoppage or strike shall be discharged at the election of the company or the union.
Appendix E. Identification of Clauses
Employer and union
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
Pittsburgh Coke and Chemical Co.
Steelworkers (USA)
General Telephone Co. of Michigan
Electrical, Brotherhood (IBEW)
The Martin Co.
Auto (UAW)
Federal Paperboard Co. , Inc.---- Federal Glass Co. Division
Flint Glass (AFGW)
General Dynamics Corp.— General Dynamics/Astronautics
Engineers and Architects Association (Ind. )
Sunbeam Corp.
Machinists (IAM)
Hamilton Manufacturing Co.
Carpenters (CJA)
Shoe Manufacturing— Mass.
United Shoe Workers (USW)
Woodworkers Association of Chicago
Carpenters (CJA)
Knitted Outerwear Manufacturers Association— Phildelphia
Garment, Ladies (ILGWU)
United States Steel Corp.
Steelworkers (USA)
Montgomery Ward and Co. , Inc.
Teamsters (TCWH) (Ind.)
Western Electric Co., Inc.— Indianapolis
Electrical, Brotherhood (IBEW)
Campbell Soup Co.
Packinghouse (UPWA)
Greenlee Brothers and Co.
Machinists (IAM)
Western Electric Co., Inc.— Hawthorne Works— Chicago
Electrical, Brotherhood (IBEW)
Globe— Union, Inc.
Allied Industrial Workers (AIW)
Union Bag— Camp Paper Corp.
Papermakers (UPP) and Pulp (PSPMW)
Pacific Columbia Mills, Inc.
Textile Workers Union (TWUA)
Detroit Tooling Association
Auto (UAW)
Standard—Coosa—Thatcher Co.
Textile Workers Union (TWUA)
Riegal Paper Corp.
Papermakers (UPP)
Western Electric Co., Inc.— N. C.
Communications (CWA)
Aluminum Co. of America
Auto (UAW)
Studebaker Corp.
Auto (UAW)
Ford Motor Co.
Auto (UAW)
Montgomery Ward and Co. , Inc.—Mail Order— Denver
Teamsters (TCWH) (Ind.)
157
Employer and union
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
Caterpillar Tractor C o.— Decatur
Auto (UAW)
ACF Industries, Inc.— Carter Carburetor Division
Auto (UAW)
Connecticut Co.
Transit (ATU)
National Lead Co.
Fernald AFL—CIO Atomic Trade and Labor Council
Cove Mills Corp.
Textile Workers Union (TWUA)
Pacific Telephone and Telegraph Co. and Bell Telephone
Co. of Nevada—Plant—Nevada and California
Communications (CWA)
Babcock and Wilcox Co.
Boilermakers (BBF)
U.S. Metals Refining Co.
Mine, Mill (MMSW) (Ind.)
Bendix—We sting house Automatic Air Brake Co.
Auto (UAW)
Pacific Telephone and Telegraph Co.—Toll Maintenance—
California and Nevada
Electrical, Brotherhood (IBEW)
Allen—Bradley Co.
Electrical, United (UE) (Ind.)
General Dynamics Corp. —Convair Division
Machinists (IAM)
Associated General Contractors of America, Inc.—
and 2 others—Oregon.
Laborers' (HCL)
Douglas Aircraft Co.— Long Beach
Auto (UAW)
Westinghouse Electric Corp.
Machinists (IAM)
International Telephone and Telegraph C o.—ITT Federal
Laboratories— New Jersey
Electrical, International (IUE)
Pineapple Companies Agreement
Longshoremen and Warehousemen (ILWU) (ind. )
International Telephone and Telegraph Corp.—ITT Kellogg
Electrical, Brotherhood (IBEW) and Machinists (IAM)
Building Contractors' and Masons Builders'
Association— New York
Bricklayers (BMP)
Pacific Telephone and Telegraph Co. and
Bell Traffic— Nevada and California
Communications (CWA)
Hillman's, Inc.
Building Service (BSE)
General Electric Co.
Electrical, United (UE) (Ind.)
American Cable and Radio Corp.
Communications (CWA)
Northwestern Bell Telephone C o.— Interstate
Communications (CWA)
West Virginia Pulp and Paper Co.— Interstate
Papermakers (UPP)
General Dynamics Corp.— Electric Boat Division
Marine Draftsmen's Association (Ind.)
Cooper—Bessemer Corp.
Steelworkers (USA)
General Motors Corp.
Auto (UAW)
Employer and union
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
General Electric Co.
Electrical, International (IUE)
Pacific Northwest Bell Telephone Co.
Communications (CWA)
Chesapeake and Potomac Telephone Co.— Washington, D. C.
Communications (CWA)
J. F. McElwain Co.
New Hampshire Shoe Workers Union of Manchester (Ind.)
Food Employers Council and others— California
Retail Clerks (RCIA)
New York Times Co.
Newspaper Guild (ANG)
Bowling Proprietors Association of Chicago, Inc.
Building Service (BSE)
Affiliated Restauranteurs, Inc.— New York
Hotel (HREU)
Printing Industries of Metropolitan New York, Inc.—
Printers League Section
Printing Pressmen (IPPA)
Printing Industries Association— Los Angeles
Bookbinders (IBB)
Beaunit Corp.— Beaunit Fibres Division
Textile Workers Union (TWUA)
Jones and Laughlin Steel Corp.
Steelworkers (USA)
Bethlehem Steel Corp.
Steelworkers (USA)
Rohr Corp.— Riverside
Machinists (IAM)
Armour and Co.
Meat Cutters (MCBW)
Allegheny Ludlum Steel Corp.
Steelworkers (USA)
Armco Steel Corp.
Armco Employees Independent Federation, Inc. (Ind.)
Bell Aerospace Corp.— Bell Aerosystems Co. Division
Auto (UAW)
Anaconda Co.
Steelworkers (USA)
Copeland Refrigeration Corp.
Electrical, International (IUE)
International Harvester Co.
Auto (UAW)
Landers, Frary and Clark
Electrical, International (IUE)
Olin—Mathieson Chemical Corp.
District 50— Mine Workers (UMW-50) (Ind.)
Retail Food, Bakery, Candy, and General
Merchandise Agreement— California
Retail Clerks (RCIA)
Anaconda American Brass C o.— Wisconsin
Directly affiliated local union
Stanley Works and Stanley Tool Division
Machinists (IAM)
Olin—Mathieson Chemical Corp.
Machinists (IAM)
Popular Priced Dress Manufacturers' Group, Inc.
Garment, Ladies (ILGWU)
Clothing Manufacturers' Association of the United
States of America
Clothing (ACWA)
Employer and union
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
American Shipbuilding Co.
7 AFL—CIO affiliated unions
Ex-Cello Corp.
Auto (UAW)
Maytag Co.
Auto (UAW)
McQuay— Norris Manufacturing Co.
Auto (UAW)
Central Southwestern Greyhound Lines
Transit (ATU)
Lynchburg Foundry
Steelworkers (USA)
New York City Transit Authority
Transit (ATU)
Fafnir Bearing Co.
Machinists (IAM)
Richfield Oil Corp.
Oil, Chemical and Atomic Workers (OCAW)
American Can Company
Steelworkers (USA)
Milk Wagon Drivers Agreement— Missouri
Teamsters (TCWH) (Ind.)
Dow Chemical Co.
District 50— Mine Workers (UMW—50) (Ind. )
Westinghouse Electric Corp.— Standard Control Division
Electrical, Brotherhood (IBEW)
Noma Lites, Inc.
Electrical, Brotherhood (IBEW)
Dayton Power and Light Co.
Utility (UWU)
Rockwell—-Standard Corp.
Auto (UAW)
Me Louth Steel Corp.
Steelworkers (USA)
New Jersey Bell Telephone Co.
Electrical, Brotherhood (IBEW)
Bell Aerospace Corp.— Bell Aerosystems Co. Division
Auto (UAW)
Chrysler Corp.
Auto (UAW)
Columbia Broadcasting System Electronics
Electrical, International (IUE)
Thompsons’ Dairy— Washington, D. C.
Teamsters (TCWH) (Ind.)
Century Electric Co.
Electrical, International (IUE)
San Francisco Retailers Council
Retail Clerks (RCIA)
(Confidential)
Schenley Distillers, Inc.
Distillery (DRWW)
I/A Retail Food Stores— Oregon
Retail Clerks (RCIA)
Nordberg Manufacturing Co.
Steelworkers (USA)
General American Transportation Corp.
Steelworkers (USA)
Illinois Bell Telephone Co.
Communications (CWA)
Motion Picture Service Industry— New York
Stage Employees (IATSE)
Employer and union
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
Metropolitan Package Store Association, Inc.
Distillery (DRWW)
Pacific Coast Association of Pulp and Paper Manufacturers
Papermakers (UPP) and Pulp (PSPMW)
The Associated General Contractors of America— Michigan
Laborers1 (HCL)
City of Boston Hotel Association
Hotel (HREU)
Pacific Telephone and Telegraph Co.
Communications (CWA)
Automatic Electric Co.
Electrical, Brotherhood (IBEW)
Associated General Contractors of America and
3 others— California
Operating Engineers (IUOE)
Washington Gas Light Co.
Chemical (ICW)
Acme Steel Company— Newport Division
Steelworkers (USA)
United States Steel Corp.— American Bridge Division
Steelworkers (USA)
Realty Advisory Board on Labor Relations, Inc.
Building Service (BSE)
Publishers Association of New York City
Newspaper and Mail Deliverers (NMD) (ind.)
Oliver Corp.
Auto (UAW)
Fairchild Camera and Instrument Corp.— Allen B.
Du Mont Laboratories, Inc. Division
Electrical, International (IUE)
Continental Can Co. , Inc.
Steelworkers (USA)
National Skirt and Sportswear Association, Inc.
Garment, Ladies (ILGWU)
General Motors Corp.
Electrical, International (IUE)
SKF Industries, Inc.
Steelv/orkers (USA)
B .F . Goodrich Footwear Co.
Directly affiliated local union
Lukens Steel Co.
Steelworkers (USA)
Elktra Corp. , Mergenthaler Linotype Division
Auto (UAW)
Bates Manufacturing Co.
Textile Workers Union (TWUA)
Associated Spring Corp.
Auto (UAW)
Mueller Brass Co.
Auto (UAW)
Koppers Company, Inc.
Machinists (IAM)
Continental Steel Corp.
Steelworkers (USA)
Armco Steel Corp.
Steelworkers (USA)
Parke, Davis and Co.
Oil, Chemical and Atomic Workers (OCAW)
Associated Cleaning Plant Owners of Greater Kansas City
Laundry, Dry Cleaning (LWIU) (Ind. )
Employer and union
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
Massachusetts Leather Manufacturers Association
Leather Workers (LWU)
Chrysler Corp.— Office
Auto (UAW)
Northrop Corp.— Ventura Division
RPAInc. (Ind.)
Atlantic Steel Co.
Steelworkers (USA)
International Nickel Co.
Steelworkers (USA)
Underground Contractors Association
Laborers ' (HCL)
Sperry Rand Corp.— Remington Office Machines Division
Machinists (IAM)
Anchor Hocking Glass Corp.
Flint Glass (AFGW)
Raytheon Co.
Electrical, Brotherhood (IBEW)
RCA Communications, Inc.
Communications Association (ACA) (Ind. )
California Sportswear and Dress Association, Inc.
Garment, Ladies (ILGWU)
Kimberly-Clark Corp.— Memphis
Pulp (PSPUW) and Papermakers (UPP)
B .F . Goodrich Co.
Rubber (URW)
New York City Transit Authority
Transport Workers (TWU)
Philadelphia Food Employers Labor Council
Retail Clerks (RCIA)
Amphenol—Borg Electronics Corp.
Electrical, Brotherhood (IBEW)
Jewelry Manufacturers Association, Inc.
Jewelry (JWU)
Avco Corp.—Lycoming Division— Williamsport
Auto (UAW)
Servus Rubber Co.
Rubber (URW)
General Controls Co.
Machinists (IAM)
Timken Roller Bearing Co.
Steelworkers (USA)
United Popular Dress Manufacturers Association
Garment, Ladies (ILGWU)
Ametek Inc.— U.S. Gauge Division
Machinists (IAM)
Hughes Aircraft Co.
Carpenters (CJA)
General Dynamics Corp.— General Dynamics/Astronautics
Engineers and Architects Association (Ind.)
Gates Rubber Co.
Rubber (URW)
Lockheed Aircraft Corp.— Los Angeles
Machinists (IAM)
Metropolitan Edison Co.
Electrical, Brotherhood (IBEW)
Publisher’ s Association of New York City
Printing Pressmen (IPPA)
R. H. Macy and Co. , Inc.— Macy’ s New York
Retail, Wholesale (RWDSU)
Employer and union
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
I/A Laundry Industry Master Agreement— New York
Metropolitan Area
Clothing (AC WA)
Lily-Tulip Cup Corp.
Printing Pressman (IPPA)
John Hancock Mutual Life Insurance Co.
Insurance Workers (IWIU)
Glass Container Manufacturers Institute, Inc.
Glass Bottle (GBBA)
American National Insurance Co.
Insurance Workers (IWIU)
Scott and Williams, Inc.
Steelworkers (USA)
Women’ s Neckwear and Scarf Association, Inc.— New York
Garment, Ladies (ILGWU)
I/A Retail Shoe Stores— New York
Retail, Wholesale (RWDSU)
Men’ s Neckwear Association of New York, Inc.
Clothing (AC WA)
Aluminum Company of America
Steelworkers (USA)
Southern California Edison Co.
Electrical, Brotherhood (IBEW)
Woodwork Employers Association— Oregon
Carpenters (CJA)
Fairchild Hiller— Aircraft—Missiles Division
Auto (UAW)
Bendix Corp.
Auto (UAW)
Norton C o.—Behr— Manning Division
Paper makers (UPP)
National Castings Co.
Auto (UAW)
McGraw—Edison C o.— Pennsylvania Transformer Division
Steelworkers (USA)
First National Stores, Inc.
Meat Cutters (MCBW)
Continental Motors Corp.
Auto (UAW)
Humble Oil and Refining Co.
Independent Petroleum Workers Union of Bayway (Ind.)
Iron League of Philadelphia and Vicinity
Iron Workers (BSOIW)
General Telephone Co. of Ohio
Communications (CWA)
(Confidential)
Caterpillar Tractor Co.
Machinists (IAM)
International Harvester C o.— Milwaukee Works
Directly affiliated local union
Furniture Manufacturers— New York
Furniture (UFW)
American Metal Climax C o.—Climax—
Molybdenum Co. Division
Oil, Chemical and Atomic Workers (OCAW)
Columbia Broadcasting System, Inc.
Electrical, Brotherhood (IBEW)
Deere and Company
Auto (UAW)
Minneapoli s— Moline, Inc.
Auto (UAW)
Employer and union
205
206
207
208
209
210
211
212
213
214
215
216
217
218
219
220
221
222
223
224
225
226
227
228
229
230
231
232
Buckeye Steel Castings Co.
Steelworkers (USA)
Garlock Co.
Machinists (IAM)
Structural Steel and Ornamental Iron Association of
New Jersey, Inc.
Iron Workers (BSOIW)
North American Aviation, Inc.
Auto (UAW)
Erwin Mills, Inc.
Textile, United (UTWA)
Chicago Rawhide Manufacturing Co.
Meat Cutters (MCBW)
Olin—Mathie son
Machinists (IAM)
Sylvania Electric Products, Inc.
Electrical, United (UE) (Ind. )
Building Owners and Managers Association of San Francisco
Building Service (BSE)
Alabama Power Co.
Electrical, Brotherhood (IBEW)
Lob law, Inc.
Meat Cutters (MCBW)
The Hoover Co.
Electrical, Brotherhood (IBEW)
United Aircraft—Pratt and Whitney Aircraft Division
Machinists (IAM)
General Dynamics Corp.— General Dynamics/
Astronautics Division
Machinists (IAM)
Manufacturers Association of Robes, Leisurewear,
Shirts and Rainwear, Inc.
Clothing (ACWA)
Western Union Telegraph Co.
Telegraphers1 (CTU)
Granite City Steel Co.
Steelworkers (USA)
Long Island Lighting Co.
Electrical, Brotherhood (IBEW)
Celanese Corp. of America— Celanese Fibers Co. Division
District 50— Mine Workers (UMW— 50) (ind. )
I/A Paper Box Manufacturers— Philadelphia
Pulp (PSPMW)
Chesapeake and Potomac Telephone Co. of Virginia
Communications (CWA)
Southern Florida Hotel and Motel Association
Hotel (HREU)
Pacific Coast Shipbuilders' Agreement
Pacific Coast Metal Trades Council and Teamsters
(TCWH) (Ind.)
The Martin Co.
Auto (UAW)
Whirlpool Corp.
Machinists (IAM)
Woven Label Companies of New York—New Jersey Area
Textile, United (UTWA)
Defoe Shipbuilding Co.
Marine and Shipbuilding (IUMSW)
Merck and Co. , Inc. , Pennsylvania and New Jersey
Oil, Chemical and Atomic Workers (OCAW)
Employer and union
235
236
237
238
239
240
241
242
243
244
245
246
247
248
249
250
251
252
253
254
255
256
257
258
259
National Can Co.
Steelworkers (USA)
American Bosch Arma Corp.
Electrical, International (IUE)
Sun Shipbuilding and Dry Dock Co.
Boilermakers (BBF)
Ling—Temco Vought, Inc.
Machinists (IAM)
Bendix Corp.— Kansas City
Machinists (IAM)
I/A Clay Sewer Pipe Companies— Pennsylvania, Ohio
and Indiana
Brick and Clay (UBCW)
Atlantic and Gulf Coast Companies and Agents
Marine Engineers (MEBA)
The Youngstown Sheet and Tube Co.
Steelworkers (USA)
Sundstrand Corp.— Rockford and Belvidere, 111.
Auto Workers (UAW)
International Milling Co.
Grain Millers (AFGM)
Associated General Contractors of America, Inc.— Cincinnati
Carpenters (CJA)
Philadelphia Beer Distributors Association and three others
Teamsters (TCWH) (ind.)
New Jersey Brewers Association
Teamsters (TCWH) (ind.)
I/A Plain Dye and Machine Print Companies—
New York and New Jersey
Textile Workers Union (TWUA)
Standard Brands, Inc.
Brewery (BFCSD)
Chicago Association of Dress Manufacturers— Chicago
Garment, Ladies (ILGWU)
Green Shoe Manufacturing Co.— Boston
Boot and Shoe (BSW)
Eastern Cement Haulers Association
Teamsters (TCWH) (Ind.)
Infants' and Children's Coat Association, Inc. and Manu
facturers of Snowsuits, Novelty Wear and Infants'
Coats, Inc.
Garment, Ladies (ILGWU)
I/A Deep Sea Passenger Freighter Companies
National Maritime Union (NMU)
General Dynamics Corp.—Stromberg—Carlson Division
Rochester Independent Workers (ind. )
Marine Towing and Transportation Employer's Association
Oil Tankers
National Maritime Union (NMU)
Public Service Electric and Gas Company
Utility Co-Workers' Association (Ind.)
Olin—Mathieson Chemical Corp., E.K . Squibb Division—
New Brunswick
Oil, Chemical and Atomic Workers (OCAW)
Manufacturers and Repairers Association of New Orleans
Metal Trades Council
National Electrical Contractors Association of Detroit
Electrical, Brotherhood (IBEW)
Construction Contractors Council— Washington, D. C.
and vicinity
Laborers' (HCL)
Employer and union
260
261
262
263
264
265
266
267
268
269
270
271
272
273
274
275
276
277
278
279
280
281
282
283
284
285
286
287
National Electrical Contractors Association— Los Angeles
Electrical, Brotherhood (IBEW)
Eastern Women's Headwear Association— New York,
New Jersey
Hatters (HCMW)
I/A South Central Employees— Construction
Boilermakers (BBF)
Bay Area Painters and Decorators Joint Committee, Inc.
Painters (BPDP)
Associated Producers and Packers, Inc.— Washington
Teamsters (TCWH) (Ind.)
I/A Newspaper Deliverers— Metropolitan New York
Newspaper and Mail Deliverers (NMD) (Ind.)
Professional Laundry Institute of Chicago land
Laundry, Dry Cleaning (LWIU) (Ind. )
Utah Power and Light Co.— Utah, Idaho, and Wyoming
Electrical, Brotherhood (IBEW)
Kansas City Transit, Inc.
Transit (ATU)
D. C. Transit System, Inc.— Washington, D .C.
Transit (ATU)
I/A Twin City Hospitals
Minnesota Nurses Association (Ind. )
Detroit Mason Contractors' Association
Bricklayers (BMP)
Printing Industries of Metropolitan New York
Printing Pressmen (IPPA)
I/A Cotton Garment Companies— Philadelphia
Clothing (AC WA)
R. H. Macy and Co. , L. Bamberger Division— New Jersey
Retail Clerks (RCIA)
Restaurant— Hotel Employers Council
Hotel (HREU)
Association of Knitted Fabrics Manufacturers, Inc.—
New York
Garment, Ladies (ILGWU)
Associated Hotels, Inc.— New York
Building Service (BSE)
United Parcel Service of New York, Inc.— New York
and New Jersey
Teamsters (TCWH) (ind.)
I/A Ice Cream Companies— Pennsylvania, New Jersey,
and Delaware
Teamsters (TCWH) (ind.) and Firemen and Oilers (IBFO)
National Association of Doll Manufacturers, Inc.— New York
Dolls and Toys (IDTW)
Associated Restaurants of Oregon
Hotel (HREU)
Elgin National Watch Co.
Watch Workers (AWWU) (Ind.)
Electric Auto— Lite Co.
Auto (UAW)
Union Carbide Corp. , Union Carbide Metals Co. Division
Oil, Chemical and Atomic Workers (OCAW)
Erie Forge and Steel Corp.
Steelworkers (USA)
Yale and Towne, Inc.
Machinists (IAM)
Associated General Contractors of Minnesota, Inc.
Operating Engineers (IUOE)
167
Clause
numbe r
288
289
290
291
292
293
294
295
296
297
298
299
300
301
302
303
304
305
306
307
Employer and union
Builders Association of Kansas City, Missouri
Teamsters (TCWH) (Ind.)
Associated General Contractors of America, Inc.—
Northern and Central California
Teamsters (TCWH) (Ind.)
Associated General Contractors and others----Arizona
AFLr-CIO Building Trades Unions and Teamsters
(TCWH) (Ind.)
Associated General Contractors and others— San Diego
AFL—CIO Building Trades Unions and Teamsters
(TCWH) (Ind. )
Associated General Contractors of America, Inc.—
New Orleans
AFLr-CIO Building and Construction Trades
Council and Teamsters (TCWH) (Ind.)
Associated General Contractors of America, Inc.— Utah
Carpenters (CJA)
Contracting Plasterers' Association of Greater New York
Plasterers (OPCM)
Employing Metallic Furring and Lathing Association
of New York
Lathers (WWML)
Association of Master Painters and Decorators of the City
of New York, Inc.
Painters (BPDP)
Contracting Plasterers Association of Southern California, Inc.
Laborers' (HCL)
Associated General Contractors, Inc. and others—
Southern California
Teamsters (TCWH) (Ind.)
Associated General Contractors, Inc.— Spokane and
Eastern Washington
Teamsters (TCWH) (ind.)
New England Road Builders Association, Inc.—
Connecticut Division
Teamsters (TCWH) (Ind.)
New England Steel Erectors Association and others
Iron Workers (BSOIW)
Associated General Contractors of Minnesota
Bricklayers (BMP)
Southwestern Michigan Contractors Association
Laborers' (HCL)
The Carpenter Contractors Association of Cleveland and
The Building Trades Employers Association of Cleveland
Carpenters (CJA)
Associated General Contractors, Inc.— Washington
and Idaho
Carpenters (CJA)
Mason Contractors Exchange of Southern California, Inc.
Laborers' (HCL)
Associated Contractors of Essex County, Inc.— New Jersey
Carpenters (CJA)
Expiration
__ date
March 1966
April 1965
May 1970
April 1965
April 1964
June 1966
June 1965
June 1966
July 1965
April 1967
May 1968
April 1965
April 1967
June 1962
April 1963
April 1966
April 1967
May 1968
April 1967
April 1969
NOTE: All unions are affiliated with the AFL—CIO except those followed by (Ind.).
The new B u lle tin 1425 s e r ie s on m a jo r c o lle c t iv e b a rg a in in g a g re e m e n ts is
a v a ila b le fr o m the Superintendent o f D ocu m en ts, U. S. G ov ern m en t P rin tin g O ffic e ,
W ashington, D. C ., 20402, o r fr o m the B LS R e g io n a l O ffic e s , as shown on the
in sid e b a ck c o v e r .
B u lletin
n u m b er
P r ic e
M a jo r C o lle c tiv e B a rg a in in g A g r e e m e n ts :
1425-1
1425-2
1425-3
1425-4
1425-5
G r ie v a n c e P r o c e d u r e s
S e v e ra n ce P a y and L a y o ff B e n e fit P la n s
Su pplem en tal U n em ploym en t B e n e fit P la n s
and W a g e -E m p lo y m e n t G uarantees
D e fe r r e d W age In c r e a s e and E s c a la to r C lau ses
M anagem ent R ights and U n ion -M an agem en t
C o o p e ra tio n
45 cents
60 cents
70 cents
40 cents
60 cen ts
For a list o f other industrial relations studies, write for A Directory o f BLS Studies in Industrial Relations, 1954-65.
U. S. GOVERNMENT PRINTING O FFICE : 1966 O - 220-616
BUREAU OF LABOR STATISTICS REGIONAL OFFICES
HAWAII
@FedFRASER