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Dayton & Montgorr6!-*' —
Public Library
JAN 1 2 1965
DOCUMENT
COLLECTION
v
MAJOR
COLLECTIVE
BARGAINING
AGREEMENTS
GRIEVANCE
PROCEDURES
Bulletin No. 1425-1
UNITED STATES DEPARTMENT OF LABOR
W Willard Wirtz, Secretary
BUREAU OF LABOR STATISTICS
Ewan Ciague, Commissioner
M A JO R
COLLECTIVE
B A R G A IN IN G
AGREEM ENTS
GRIEVANCE
PROCEDURES
Bulletin No. 1425-1
November 1964
UNITED STATES DEPARTMENT OF LABOR
W. Willard Wirtz, Secretary
BUREAU OF LABOR STATISTICS
Ewan Clague, Commissioner
For sale by the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C., 20402 - Price 45 cents
Preface
This is the first in a new and comprehensive series of studies surveying
the entire scope of the collective bargaining agreement. It is expected that the
cycle of studies, which will take several years to complete, will result in the
publication of about 30 to 40 separate bulletins.
Although the Bureau of Labor Statistics had been producing a number of
agreement studies each year, until this new series was begun the Bureau had
not been able to undertake a full-scale analysis of the collective bargaining agree
ment. The closest approach was made during the period 1946—50, when the socalled Bulletin 908 series was issued.
The 19 reports which comprised that
series have long been out of print and out of date. The Bulletin 908 series will
be remembered essentially as a compilation of significant and varied agreement
clauses, accompanied by an analysis of the purpose and background of each cate
gory of clauses or issues. The series as a whole proved to be extremely popular
and useful in collective bargaining, among arbitrators, in universities, and for
government purposes, both at home and abroad.
As planned, the new series will improve upon the old series in several
respects. Reflecting the widening scope of collective bargaining, the new series
will cover a substantially greater range of subjects and practices, including many
never before studied by the Bureau.
In addition, the prevalence of practices
and their variations will be measured, wherever meaningful and feasible.
Emphasis will be placed on illustrating the variety of ways in which ne
gotiators handle specific problems. Wherever possible, the analysis will cover
the trends in particular practices.
The interrelationship of agreement provisions will be emphasized through
out the series. The actual operation and administration of agreement provisions,
however, will not be studied systematically.
Agreement clauses quoted will be identified by the company and union
signatories and date of agreement expiration. Where desirable, entire sections
of selected agreements will be reproduced verbatim in an appendix to illustrate
how the clauses fit together.
As planned, virtually all studies in the series will be based on all agree
ments in the United States covering 1,000 workers or more and available to the
Bureau, exclusive of railroad and airline industries and government. These major
agreements account for almost half of the coverage of all collective bargaining
agreements outside of the railroad and airline industries and government. The
studies thus do not reflect practices in small collective bargaining situations or
in nonunion companies.
All agreements are part of the file of current agree
ments maintained by the Bureau for public and government use in accordance
with section 211 of the Labor Management Relations Act, 194 7.
The clauses presented in this bulletin are not intended as model or rec
ommended clauses. The classification and interpretation of clauses, it must be
emphasized, reflect the understanding of outsiders and do not necessarily reflect
the understanding of the parties who negotiated the clauses.
This bulletin was prepared by Rose T. Selby and Maurice L. Cunningham,
under the supervision of Harry P. Cohany, in the Bureau’s Division of Industrial
and Labor Relations, Joseph W. Bloch, Chief, under the general direction of
L. R. Linsenmayer, Assistant Commissioner for Wages and Industrial Relations.
iii
Contents
Page
Chapter I. Introduction--------------------------------------------------------------------------------------Related studies in se rie s---------------------------------------------------------------------------------Scope of study-----------------------------------------------------------------------------------------------------
1
3
3
Chapter II. The scope of grievance procedures-----------------------------------------------Definition of admissible grievances---- -----------------------------------------------------------Exclusions-------------Wage adjustment issues---------------------------------------------------------------------------------Seniority or promotion-----------------------------------------------------------------------------------Employee benefit plans-----------------------------------------------------------------------------------Plant administration disputes------------------------------------------------------------------------Strike/lockout disputes-----------------------------------------------------------------------------Other exclusions--------------------------------------------------------------------------------------------Specific issues defined as grievances--------------------------------------------------------------Probationary employees and apprentices--------------------------------------------------------Union-management cooperation in grievancehandling-------------------------------------
5
5
8
8
9
10
10
11
11
12
13
14
Chapter III. Presentation of grievances-----------------------------------------------------------Initial presentation-------------------------------------------------------------------------------------------Employee grievance representatives---------------------------------------------------------------Participation of union officials--------------------------------------------------------------------------
17
18
23
31
Chapter IV. Processing grievances-----------------------------------------------------------------Procedural steps_______________________________________________________________
Time limits_____________________________________________________________________
Written records------------------------------------------------------------------------------------------------Witnesses and evidence------------------------------------------------------------------------------------Time of presentation___________________________________________________________
Status of the employee during the grievanceprocess---------------------------------------Status of grievances arising prior to or based on events
prior to effective date of the contract________________________________________
Special grievance procedures--------------------------------------------------------------------------Mediation of grievance disputes----------------------------------------------------------------------Grievance decisions____________________________________________________________
Unsettled grievance disputes----------------------------------------------------------------------------
33
33
37
41
44
45
46
47
48
52
54
56
T ables:
1. Grievance procedure provisions in major collective
bargaining agreements, by industry,1961—62----------------------------------------2. Provisions for mediation of grievances in major
collective bargaining agreements, byindustry, 1961—62______________
53
Appendixes _______________________________________________________________________
A. Selected grievance procedures reproduced in full______________________
B. Selected grievance clauses negotiatedby small companies_____________
C. Identification of clauses__________________________________________________
57
58
67
72
iv
2
Major Collective Bargaining Agreements---
G rie v a n c e P r o c e d u r e s
Chapter I. Introduction
The essence of a grievance procedure is to provide a means by which an
employee, without jeopardizing his job, can express a complaint about his work
or working conditions and obtain a fair hearing through progressively higher
levels of management. Under collective bargaining, four important and related
features have been added to this concept. First, the collective bargaining con
tract, while it drastically limits the area of legitimate complaints by establishing
the basic conditions of employment and rules for day-to-day administration deemed
to be fair by mutual agreement, at the same time may create a source of griev
ances and disagreements through ambiguities of language and omissions, as do
changing circumstances and violations.
Second, the union is recognized and
accepted as the spokesman for the aggrieved worker, and an inability to agree
on a resolution of the issue becomes a dispute between union and management.
Third, because an unresolved grievance becomes a union-management dispute, a
way ultimately must be found to reach settlements short of a strike or lockout
or substitutes for such actions.
Final and binding arbitration is the principal
means to this end.
Fourth, the process of adjusting grievances and grievance
disputes is itself defined in the agreement, and, along with other aspects of col
lective bargaining, tends to become increasingly formal.
In agreements for large companies and large multiemployer situations,
with which this study is concerned, the formalization of the grievance process
is necessarily extended beyond the degree appropriate for smaller establishments.
Agreements as a whole for large undertakings tend to be more complicated; large
companies need more rules and more formality to these rules than do small com
panies; and there are more layers of authority in large companies and associ
ations and in the unions they bargain with through which the final satisfactory
settlement may be sought. This study is designed to describe systematically the
intricate features of grievance procedures and the manner in which the agree
ments define the various steps in the procedures.
Virtually all (99 percent) of the 1,717 major agreements studied included
a procedure for handling grievances. (See table 1.) In 94 percent of the agree
ments, arbitration was the terminal point. This spread of formal grievance and
arbitration procedures, which represents one of the major accomplishments of
postwar collective bargaining, was a rapid development. In 1950—51, grievance
provisions were found in 94 percent of 2,850 large and small contracts.1 A r
bitration provisions were found in 89 percent of 1,442 contracts studied in 1952. 2
The almost
bitration has given
strikes or lockouts
lawed.
In general,
universal adoption of grievance procedures and grievance
rise to the notion, which appears to be widely held,
arising during the term of agreements are universally
however, in the absence of an absolute ban on strikes
ar
that
out
and
1 See "Grievance Procedures in Union Agreements, 1950—51, " Monthly Labor Review, July 1951, p. 36.
^ See "Arbitration Provisions in C ollective Agreements, 1952, " Monthly Labor Review, March 1953, p. 261,
1
2
Table 1. Grievances Procedure Provisions in Major Collective Bargaining Agreements, by Industry, 1961—62
(W orkers in thousands)
Issues subject to grievance procedure
Number studied
Industry
Number with g rie v
ance procedure
A ll disputes
No exclusions
A g re e
ments
W ork
ers
A g re e
ments
W ork
ers
A g re e
ments
W ork
ers
Specific i s
sues excluded
A g re e W ork
ments
ers
Number withInterpretation, application,
out grievance
and violation of agreem ent
procedure
Specific i s
No exclusions
sues excluded
A g re e
W ork
A g re e W ork A g re e W ork
ments
ers
ers
ments
ments
ers
----------------
1,717
7 ,4 3 8 .4
1,697
7, 387. 7
742
3,5 1 7 .3
148
331. 6
867
3, 191.2
2 40
347. 6
20
50. 8
Manufacturing —
1,045
4 ,3 5 1 .3
1,041
4, 343.2
462
1,971.9
35
275. 6
511
1, 769.2
33
326. 5
4
8. 2
67. 5
20
67. 5
8
21. 5
12
46. 1
_
.
.
A ll industries
Ordnance and a c ce s s o rie s ----------------------Food and kindred
products -----------------------Tobacco m anufactures --------------------------------Textile m ill p rod -
118
360.5
117
357.8
57
158. 1
2
2. 6
12
25.8
12
25. 8
8
16.6
-
-
U C t 8 ------------------------------------
31
81.2
31
81.2
17
58. 7
1
53
456. 2
53
456.2
25
177. 2
13
26. 1
12
22. 6
5
19
33. 2
19
33. 2
9
125.9
Apparel and other
finished produ cts -------Lumber and wood
products, except
fu r n itu r e ------------------------Furniture and
fixtures ------------------Paper and allied
p r o d u c ts ------------------Printing, publishing,
and allied industries ------------------------Chem icals and allied
p ro d u cts -------------------------Petroleum refining
and related indus
tries -______ — ______ __
Rubber and m is c e l
laneous plastics
p r o d u c ts -------------------------Leather and leather
p r o d u c ts ----------------------- —
Stone, clay, and
glass p r o d u c ts ------------P rim ary m etal
industries ----------------------Fabricated metal
p r o d u c ts -------------------------M achinery, except
e l e c t r i c a l ---------------------E lectrical m achinery,
equipment, and
supplies -------------------------Transportation
equipm ent ----------------------Instruments and r e lated products -------------M iscellaneous manu
facturing industries—
Nonmanufa c tu rin g ----------Mining, crude p etro
leum, and natural
gas p rod u ction ------------T ransportation3 ------------Com m unications ------------U tilities: E lectric
and gas ---------------------------W holesale tr a d e ------------Retail t r a d e --------------------Hotels and r e s
taurants —
S e r v ic e s --------------------Construction--------------M iscellaneous non
manufacturing indus
tries — —-------------------
20
.
.
.
56
189.9
2
7. 2
1
3
3.4
1
5.9
-
1.0
13
21.5
-
-
-
-
-
-
28
279. 0
-
-
-
-
10. 2
-
-
7
12.4
-
-
1
3.5
17. 7
-
-
8
12. 1
2
3. 5
-
-
32
63. 2
2
5. 3
23
57. 5
-
-
-
-
5. 3
-
-
-
-
-
9. 6
-
-
2. 7
-
125. 9
57
34
70. 8
34
70. 8
15
30. 7
-
-
18
34. 8
1
53
102.0
53
102. 0
30
63.9
2
5. 8
21
32. 3
-
15
49.2
15
49. 2
4
11.2
-
-
10
28. 5
1
29
126.2
29
126. 2
17
88. 1
-
-
12
38. 2
-
-
-
-
19
66.9
19
66.9
12
53. 3
-
-
7
13. 7
-
-
-
-
-
57
41
110. 3
41
110. 3
24
65. 1
1
1.0
16
44. 2
-
-
-
113
627. 6
113
627. 6
35
155.6
13
93.3
49
120. 7
16
258. 1
-
-
52
140. 8
52
140. 8
18
30. 7
1
2. 7
31
104. 9
2
2. 5
-
-
310.9
106
310.9
40
115.5
2
4. 7
60
182.2
4
8. 6
-
-
106
105
421.0
103
419. 0
38
168.3
7
12. 7
56
229. 1
2
9.0
2
2. 0
120
1,074.4
120
1,0 7 4 .4
54
638. 5
3
143. 5
61
275.4
2
17. 0
-
-
24
53.5
24
53.5
9
19.9
1
3. 1
14
30. 5
-
-
-
-
11
21.9
11
21.9
5
8. 5
“
-
6
13.4
-
-
-
672
3,087. 1
656
3 ,0 4 4 .5
280
1,545.4
13
56. 0
356
1,422.0
7
21.0
16
42. 6
18
115
80
237. 8
681. 1
501.3
18
115
79
237. 8
681. 1
500.3
8
57
56
198.9
423. 7
363. 4
3
2
10. 2
15. 5
25.5
228. 8
136.9
3. 3
13. 1
-
-
5
54
23
2
2
-
-
-
1
79
13
106
195. 1
25. 2
289.9
79
13
105
195. 1
25. 2
286.9
24
2
32
75.8
2. 7
71.6
53
11
71
116.4
22. 5
212.4
2
2.9
1
-
-
-
2
1.8
1
3. 0
37
53
170
171.2
177. 7
805. 1
35
50
161
165. 7
173. 7
776. 0
14
25
61
44. 5
104. 1
258. 1
-
-
3
4
4. 3
24. 9
21
22
96
121.2
65.4
493. 0
-
-
-
-
2
3
9
5.5
4. 0
29. 1
1
2.9
1
2.9
1
2.9
-
1
1.
-
1.0
1 Includes 5 agreem ents which w ere not clear but im plied that som e issues w ere excluded.
2 Includes 2 agreem ents which just stated that disciplinary disputes w ere subject to the grievance procedure, implying exclusion of other
issu es.
3 Excludes railroad And airline industries and government.
NOTE:
Because of rounding, sums o f individual item s may not equal totals.
lockouts during the term of agreements (about 45 percent of the agreements stud
ied had such provisions), a work stoppage may occur if: (1) No grievance pro
cedure is provided; (2) no final and binding arbitration is provided; (3) certain
issues are nonarbitrable; (4) certain issues are excluded from the grievance and
arbitration procedure; (5) the contract is deemed to be canceled on particular
types of contract violation; (6) noncompliance with decisions and awards is charged;
or (7) the grievance machinery breaks down. In addition to describing grievance
and arbitration procedures, this study and a companion study of arbitration pro
cedures, referred to later, were designed to reveal the gaps or limitations of
these procedures (excluding the last two situations) through which grievances or
alleged contract violations can erupt into work stoppages.
Related Studies in Series
This study focuses on the methods of adjusting disputes over grievances,
up to the point of arbitration. A subsequent study of arbitration procedures will
necessarily refer back to grievance procedures in defining the scope of arbitration,
and will integrate other aspects of arbitration that reflect back on methods of
settling disputes prior to arbitration. The arbitration study will also cover re
striction on strikes and lockouts during the term of agreements and methods of
adjusting jurisdictional disputes.
Other studies planned for this series relate in one way or another to
grievance procedures and, in general, to the process of adjusting disputes over
conditions of employment. The handling of complaints and appeals in the admin
istration of employee benefit plans (health and insurance, pensions, and supple
mental unemployment benefits) will be studied separately. In the same manner,
studies of wage administration and rate-setting procedures will touch upon special
ized methods of resolving differences. The selection, qualifications, and status
of union stewards, grievance representatives, and grievance committees, referred
to briefly in this bulletin, will be given more attention in a subsequent study.
Scope of Study
This study is based on an analysis of 1,717 collective bargaining agree
ments, each covering 1,000 workers or more, representing almost all agreements
of this size in the United States, exclusive of railroad, airline-, and government
agreements. 3 The 7.4 million workers covered by these agreements accounted
for slightly less than half of all workers estimated to be covered by collective bar
gaining agreements in the United States, exclusive of railroad, airline, and govern
ment workers.
Manufacturing establishments accounted for 1,045 agreements,
covering 4 .4 million workers; nonmanufacturing establishments, for 672 agree
ments applying to 3 million workers.
Multiemployer groups negotiated 616 of
the 1,717 agreements, covering 3.1 million workers.
All statistical data presented in this report relate to agreements in effect
in 1961—62. Virtually all illustrative contract clauses reproduced in this report,
however, were excerpted from agreements in effect in 1963—64.
3 For its file of agreements maintained under sec. 211 of the Labor Management Relations Act, 1947, the
Bureau attempts to obtain copies of all agreements in the United States covering 1,000 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 of agreement provisions. For a more detailed description o f the coverage of major
agreements, see Major Union Contracts in the United States. 1961 (BLS Bulletin 1353, 1962).
4
In order to explore certain procedural and administrative matters in de
tail, a sample of nearly one-fourth (416) of the 1,717 agreements was analyzed.
For this sample, every fourth agreement in each industry was selected, in de
scending order of worker coverage. Discussion based on this sample rather than
all agreements is so identified in this report.
Clauses were selected for quotation in this report to illustrate either the
typical procedure or the variety of ways in which negotiators handle a specific
problem. Minor editorial changes were made where necessary to enhance clarity
and irrelevant parts were omitted where feasible.
The clauses are numbered
and the agreements from which they have been taken are identified in appendix C.
In appendix A, several grievance procedures are reproduced in their entirety to
illustrate how the parts fit together in the whole.
In appendix B, a variety of
complete grievance clauses negotiated by small companies (agreements covering
fewer than 150 employees) are presented. None of the clauses quoted in this re
port is intended to represent a "m odel" clause.
Chapter II. The Scope of Grievance Procedures
Procedures for handling disputes arising out of workers* grievances
during the term of the contract were provided for in virtually all major agree
ments. Of the 1,717 contracts examined, covering a total of 7,438,400 workers,
only 20, with 50, 800 workers, made no reference to a method of settling griev
ances (table 1).
All of these 20 were multiemployer agreements, and in these
instances, some formal method of settling grievances may have been in effect
at the plant or work level. Nine of the 20 agreements were in the construction
industry; most of these 9 provided for a job or shop steward but did not de
fine his duties or refer to processing disputes.
Definition of Admissible Grievances
In general usage, any complaint of an employee relating to his job, pay,
working conditions, or treatment, may be considered a grievance. Use of formal
grievance procedures, however, is not necessarily available upon all such com
plaints.
In contract language, a grievance may be defined as any complaint or
dispute that a regular employee, group of employees, or the union may submit to
a management representative, to seek an adjustment through part or all of the
contract grievance procedure. Management complaints were also included in the
grievance definition in a few agreements; that is, they were admissible into the
formal grievance setup.
Some agreements made allowances for all complaints but did not define
a complaint or dispute as a formal grievance at the initial stage, as in the fol
lowing example:
Section 20 Any employee who believes that he has a justifiable request or complaint shall,
with or without the grievance committeeman and/or departmental representative being present, as
he may elect, thoroughly discuss the request or complaint with his immediate supervisor . . .
Section 3. Definition of grievance.
'Grievance' as used in this agreement includes any re
quest or complaint which has not been settled as the result of the discussions required by Sec
tion 2 . . . (1)
Generally, complaints involving proposed changes or additions to the con
tract were not subject to the grievance procedure. In some agreements, disputes
relating to changes in the contract were explicitly defined as matters for collective
bargaining negotiations rather than for grievance settlement:
For the purpose of this agreement the term "grievance" or "com plaint" means any dispute b e
tween the company and the union, or between the company and any employee concerning the effect,
interpretation, application, claim of breach, or violation of this agreement.
Adjustments such as changing hourly rates, hours of employment, or other conditions of em ploy
ment affecting the terms of this agreement shall be subject to collective bargaining between the
parties to this agreement. (2)
Occasionally, agreements explicitly excluded such issues in the following manner:
. . .
no request for any change in any of the terms or provisions of this agreement shall con
stitute a grievance . . . (3)
5
6
For purposes of this study, grievance definitions in major collective bar
gaining agreements were classified either as (1) unrestrictive, in that they ex
pressed or implied that any dispute or complaint could be processed as a griev
ance, or (2) restrictive, in that they limited the grievance process to disputes
arising under or relating to the specific terms of the contract.4 Some agree
ments in each category separately excluded one or more specific issues from
the grievance process, but such exclusions (discussed later in this chapter) were
not set forth as essential limitations of the general grievance definition.
The definition of a grievance within the two broad classifications varied
from inferred inclusions to a specific listing of issues which can be presented as
grievances. Usually, the degree of formality of the grievance definition matched
that of the contract grievance procedure.
The less formal definition was often
found in multiemployer agreements covering small firms and in single-employer
master agreements where a summary of the grievance procedure was sometimes
given, with an indication that details were to be negotiated at the local level.
The grievance definition was unrestricted (any and all disputes) in ap
proximately 47 percent of the contracts, extending to 52 percent of the total
worker coverage (table 1). In nearly 6 percent, the contracts listed one or more
specific issues that were excluded from the grievance procedure.
The unrestricted grievance definition occurred as part of the mechanics
of the procedure in many of the less formal grievance procedures, as indicated
in the following:
It is agreed that should any dispute arise in any plant of a member of the association that such
dispute shall be adjusted with the employer without loss of time. If this is impossible the dispute
shall then be referred to the joint arbitration board. . . .
(4)
Sometimes a slightly more elaborate grievance definition was given,
leaving no doubt that all disputes or complaints qualified as grievances:
Should any difference of opinion, controversy or dispute, arise between the parties hereto, such
difference o f opinion, controversy or dispute shall constitute a grievance.
(5)
Another method of including all disputes within the grievance procedure
was to state that any dispute relating to the agreement, plus any differences over
wages, hours, and working conditions, would be subject to the grievance process:
Should any differences arise between the company and the union as to the meaning and appli
cation of the provisions of this agreement or as to any question relating to the wages, hours of work,
and other conditions of employment of any employee, there shall not be any suspension of work on
account of such differences, but an earnest effort shall be made to settle them promptly and in a c
cordance with the provisions of this agreement in the manner hereinafter set forth.
(6)
Some of the more formal definitions also included a detailed listing of the parties
in the bargaining arrangement which have access to the grievance procedure:
For the purposes of this agreement, a "grievance1' is defined as any complaint, controversy or
dispute concerning a question of fact, by and between the employer and the union, or a member
thereof, including but not lim ited to such questions of fact arising either under or by virtue of the
provisions of this agreement and involving the application of such provisions either to the status or
to the rights, privileges, powers and/or immunities of the employer and/or of the union, or of a
loca l union or of a member thereof, or of any person or persons employed within the bargaining unit
not a member of the union but represented by the union in collective bargaining procedures.
(7)
4 The scope of a grievance procedure, particularly as it may relate to the arbitrability of a dispute, may in
itself be a source of dispute. In classifying the 1, 697 grievance procedures covered by this study, the Bureau of Labor
Statistics attempted to be consistent, but it obviously cannot claim a knowledge of the intentions of the parties or of
the manner in which grievances were actually handled in each situation.
7
Only disputes arising under or relating to the specific provisions of the
agreement were defined as grievances in about 53 percent of the agreements.
Approximately 4 percent of these also excluded disputes over one or more specific
provisions in the agreement.
Restrictive grievance definitions, like the unrestrictive definitions, varied
widely in degree of formality. Sometimes, the agreement simply stated that dis
putes arising under the agreement would be processed as a grievance. In other
agreements the wording was even less precise, as in the use of the general expres
sion, ’’disputes referring to the contract, " in explaining the procedure mechanics:
In case of a dispute arising between a member of the employers' associations and the unions of
the metropolitan area, referring to this contract, the chairman of the metropolitan area executive
com mittee shall take the matter up . . .
(8)
More often the grievance definition was more specific, using such terms
as interpretation, application, compliance, or other synonymous terms, either
singularly or in combination, to describe what would constitute a grievance subject
to the procedures established.
The most frequent definition was a combination
worded in the following manner:
In the event that any difference arises between the company and the union, or any employee,
concerning the interpretation, application or com pliance with the provisions of this agreement, such
difference shall be deemed to be a grievance and shall be settled only in accordance with the griev
ance procedure set forth herein.
(9)
By inference, the preceding clause excludes all disputed issues other than
those named. Explicit exclusions of issues other than those relating to the agree
ment were found in some agreements; these stated that the grievance procedure
would not be open to any dispute other than those regarding interpretation, etc.,
of the agreement, or stated that only issues relating to the agreement would be
processed, as in this example:
Grievances, within the meaning of the grievance procedure, shall consist only of disputes about
wages, hours of work, and working conditions, as provided in this agreement; about the meaning
and application of this agreement; and about alleged violations of this agreement. . . .
(10)
Sometimes, in defining a grievance, the provisions referred only to
violation of or compliance with an agreement. Generally, such terminology was
associated with informal procedures where the union was the only party named that
could initiate grievances. On the surface, this type of definition might seem more
restrictive than one in which disputes over interpretation, application, and/or vio
lations were included, but a union could usually claim violation when the interpre
tation or application of the agreement was in dispute.
Restrictions on the admissibility of grievances may have been designed,
in part, to avoid overloading the grievance mechanism with trivial matters. Such
restrictions may also be designed to limit the authority and responsibility of the
unions, although differences between restrictive and unrestrictive provisions in this
regard may dissolve into differences among unions in the ingenuity they exercise
in handling grievances. The ultimate arbitrability of formal grievances is another
factor that influences the scope of the grievance provision. In the long run, as
the history of labor-management relations demonstrates, any substantial accumu
lation of grievances not covered by the contract and not admissible into the griev
ance procedure will very likely work itself out, either in open conflict or in a re
vision of the contract to accommodate the issue or the type of grievance.
8
Exclusions
In approximately 5 percent of the agreements, covering 9 percent of the
workers, including substantial numbers in the primary metals and transportation
equipment industries, the procedures listed one or more specific issues that were
excluded from the grievance process. These excluded issues were generally found
in the section of the contract to which the exclusion was applicable, rather than
in the definition in the grievance procedure.
The direct relationship between
such exclusions and the strike/lockout bans of the agreements is discussed in the
forthcoming arbitration study.
Including multiple exclusions, the issues excluded and the number of
agreements from which they were to be excluded were as follows:
Issues
Wage adjustments________________________
Seniority or promotion------------------------------Employee benefit p la n s __________________
Plant administration m atters____________
Strikes/lockouts-------------------------------------Other__________________________________ —
Agreements
53
5
9
9
9
8
Wage Adjustment Issues. Of the 53 agreements that listed wage adjust
ment exclusions from the grievance process, 39 dealt with wage-rate inequities.
Typically, this exclusion read:
No basis shall exist for an employee, whether paid on an incentive or nonincentive basis, to
allege that a wage-rate inequity exists and no grievance on behalf o f an employee alleging a w agerate inequity shall be filed or processed during the term of this agreement. (11)
Provisions banning individual wage-rate inequity disputes from the griev
ance procedure were included in 26 of the 113 primary metals industry agreements
studied.
The remaining provisions (in 13 agreements) were dispersed among
other industries.
Among the 39 agreements, 35 were negotiated by the United Steelworkers
of America, including an agreement covering salaried as well as one covering
production employees of the United States Steel Corp. In most instances, those
exclusions date back to the introduction of job evaluation and classification plans
in the steel industry after World War II. * In lieu of the previous practice of
allowing wage-rate inequity claims to be processed as grievances, the agree
ments, in most instances, allowed the employee or union the right to challenge
and process as a grievance any new rate or classification set up under the wage
determination plans of the agreement:
When and if from time to time the company, at its discretion, establishes a new job or changes
the job content (requirements of the job as to training, skill, responsibility, effort, and working
conditions) of an existing job to the extent of one full job class or more, a new job description and
classification for the new or changed job shall be established in accordance with the following
procedure:
1. Management will develop a description and classification of the job in accordance with
the provisions of the manual. • • •
3. The plant union com m ittee and management shall discuss and determine the accuracy of
the jo b description.
5 See "The Wage Rationalization Program in United States Steel," Monthly Labor Review, June 1947, pp, 967-982.
9
4. If management and the plant union com mittee are unable to agree upon the description
and classification, management shall install the proposed classification, and the standard hourly wage
scale rate for the job class to which the job is thus assigned shall apply in accordance with provisions
. . . of this section.
The plant union com m ittee shall be exclusively responsible for the filing
of grievances and may. at any time within 30 days from the date of installation file a grievance
with the plant management representative designated by the company alleging that the job is im
properly described and/or classified under the provisions of the manual.
(12)
Exclusion of portal-to-portal pay disputes was specified in 6 of the 14 re
maining wage adjustment exclusions. Five of these were negotiated by the same
company:
No claim involving payment for portal-to-portal pay shall be processable under the grievance
procedure provided in article-----of this contract.
(13)
Among the other wage adjustment issues excluded from the grievance
procedure were disputes over merit increases in specific occupations or circum
stances; or disputes over new or revised job classifications or rates.
Merit increases in the maintenance occupations and battery pilot laboratory experimental and
development operators may be granted and the rate ranges for semiskilled jobs, classes 26 and
above, may be changed at the discretion of the company. Neither shall be subject to the griev
ance procedure nor shall merit increases or group ranges be proper subjects for arbitration.
(14)
5*< $
Individual merit wage progressions within a regularly established wage schedule, but not upon
the establishment or rearrangement of such schedule, may be subject to the grievance proce
dure. . .
(15)
*
*
*
Disputes arising out of the establishment of job classifications and the rates thereof, under ar
ticle XI, Section 11.7, will hot be subject to the grievance procedure or arbitration.
Section 11.7. It is recognized that the company has not established as of the date hereof its full
complement of job classifications, and that during the term hereof it will be necessary to establish
additional job classifications and rates thereof. As the need arises, the parties will meet and ne
gotiate for this purpose or for the purpose of negotiations when the work in an existing job classi
fication is significantly altered subsequent to the effective date o f this agreement.
The company
may establish temporary classifications and rates pending agreement in negotiations.
(16)
Certain disputes over piecework rates were
grievance process:
also excluded from one
Not withstanding the foregoing provision, there shall be no basis for a complaint, nor any right
to the grievance or arbitration procedure with respect to the piecework rates on any job in the fo l
lowing contingencies:
Where the earnings of any one or more pieceworkers has been affected as a result of any failure
of competent and diligent effort in production, slowdown, stoppages, refusal to perform work assigned,
quitting, interference with production, concerted efforts, and without being lim ited by the foregoing,
any other type of activity or condition which affects normal and competent production.
Where the identical job or the same type of job was handled previously in the particular plant
and the hourly average as a group of the piecework earnings, as such, previously resulting from work
on such job by all the piecework employees previously working thereon was not more than 15 percent
below their previously established hourly average earnings for piecework, as such, averaged as a
group, provided that no different nature or size of materials or different physical conditions o f work
in the em ployees plant on the current job shall justify the drop of more than 15 percent in the
current piecework averages as specified in subsection------of this section.
(17)
Seniority or Promotion. In five agreements, exclusion pertained to dis
putes arising out of superseniority for union representatives or promotions to
supervisory or other jobs outside the bargaining unit:
10
. . . In the case o f decrease o f force, union officers and grievance committeem en shall be
given preference.
It is understood and agreed that any grievance arising as a result of the above
shall not becom e a grievance matter for the company to settle. (18)
Management recognizes the value o f employee training and experience in selecting supervisory
personnel and w ill continue the practice o f giving qualified employees consideration for promotion
to foremen, forewomen, and other supervisory assignments.
However, promotion to foremen, fore
women, and other positions outside the bargaining unit shall be solely a function of management,
and shall not be the basis of a dispute between the company and the union. (19)
Employee Benefit Plans. 6 Some disputes over the administration of, or
compliance with, employee benefit plans and granting of leave were excluded.
Of
the nine procedures making exclusions, some applied to all disputes relating to a
particular benefit plan while others applied only to a specific type of dispute:
Controversies arising out o f the Retirement Income Program, the Health Insurance Agreement,
and the Supplemental Unemployment Benefit Plan shall not be subject to the grievance proce
dure.
(20)
* * >!<
If an employer fails to make contributions to the welfare fund within 72 hours after the notice
o f delinquency, the local union shall take whatever steps are necessary to secure com pliance with
this article, any provisions of this agreement to the contrary notwithstanding, and the employer shall
be liable for all costs for collecting the payments due together with attorneys' fees and such penalties
which may be assessed by the trustees.
The employer's liability for payment hereunder shall not
be subject to the grievance procedure or arbitration provided under this agreement. (21)
* * *
The granting o f a leave o f absence for personal reasons is within the discretion of the personnel
department and its decision granting or refusing in whole or part any request for a leave shall not
be subject to the grievance procedure.
(22)
Plant Administration Disputes. Most of the nine agreements in this cate
gory of exclusions referred to some area of "management rights," including
methods of production and manufacturing processes:
Section B.
1.
Further, the company shall be the exclusive judge o f all matters pertaining to the prod
ucts to be manufactured, the location o f plants or operations, production schedules, and the methods,
processes, and means o f manufacture and materials to be used, including the right to introduce new
and improved methods or facilities.
Section. C.
1.
The union agrees that the rights o f management as set forth in section B of this article
are not subject to the grievance procedure.
(23)
'\< >!< >!<
The following shall not constitute grievances and shall not be referred to the arbitrator:
(1) Methods o f production and installation of machinery and equipment;
(2) Processing; . . .
6
(24)
See ch. I, p. 3, for reference to later studies of employee benefit plans,
11
One agreement excluded contracting out of work and another excluded
security termination:
The company w ill give the union at least 90 days' notice of its intention to contract out pro
duction or maintenance work then being performed by employees covered by this agreement, if such
contracting out of work w ill result in the layoff of employees covered by this agreement, and w ill
discuss such action with union representatives. Contracting out of work shall not be subject to the
grievance procedure or arbitration and in all cases the final decision will be left to the company. (25)
>:< sj<
The discharge or termination of an employee who has been denied access and the placing on
leave of absence of an employee as to whom there has been such a delay of notification of clear
ance of 1 year or more shall not be subject to the grievance and arbitration procedures of this
agreement. (26)
Strike/Lockout Disputes.
Strike-related issues were excluded from the
grievance procedure in nine agreements.
Generally, such clauses named dis
ciplinary action or discharge because of participation in an unauthorized strike
as excluded issues:
Employees participating in any strike, slowdown, or concerted stoppage of work shall be subject
to discharge by the company without recourse to the grievance procedure or arbitration. (27)
>;< ;|< i\<
It is understood and agreed that in the event of any unauthorized strike, work stoppage, or
interruption of work on the part of any employee during the life of this agreement, the recourse
and remedy of the employer in such event may be to impose such disciplinary measures as he sees
fit upon the employee involved and such disciplinary action shall not be subject to grievance
procedure. (28)
Other Exclusions.
Two agreements which did not specifically exclude
any issue from the grievance procedure implied exclusions by specifying only
disputes over disciplinary actions as grievance subjects.
One of these, covering
taxicab drivers, provided for handling disputes over discipline, suspension, or
discharge; the other, covering retail bakery employees, referred only to dis
charge disputes.
Whether other issues were subject to grievance procedure was
not clear.
A grievance com m ittee is hereby established which shall be composed of a representative ap
pointed by the union and a representative appointed by the company. A ll disputes which may arise
concerning the discipline, suspension, or discharge of employees should be referred to the grievance
com m ittee. Any employee who is disciplined, suspended, or discharged, shall be afforded an op
portunity for hearing before said grievance com mittee. (29)
*
sjc
The union and the employer shall meet within 24 hours after notice of intention to dispute the
discharge, to discuss the grievance. If the parties do not agree, the matter shall be submitted with
in 24 hours thereafter to the New York State Board o f Mediation for arbitration. (30)
In one agreement, any claim for damages due to contract violation was
excluded from the grievance procedure and placed directly in the hands of the
arbitrators for settlement.
Five agreements were not precise on what constituted a grievance, im
plying that some issues were excluded.
12
Specific Issues Defined as Grievances
Many agreements supplemented a broadly defined grievance procedure by
specifically mentioning in other sections of the agreement the right to raise griev
ances. These specific mentions were made either to eliminate doubt as to whether
the overall definition included such issues, or to emphasize the right to submit
complaints to the grievance procedure.
Frequently, the specific inclusions pertained to new or changed oper
ations, or to changed production standards:
If a dispute arises (1) regarding the addition of machines to an operation which have been added
after the date of this agreement and which do not conform to past practices for the classification
involved, or (2) regarding increased production standards which have been increased after the date
of this agreement, the complaint shall be referred to the grievance procedure, beginning with the
first step thereof but such dispute shall not be subject to arbitration. (31)
Any employee who feels his individual rate of pay or the production standard or classification
for the job on which he is employed have not been set fairly and correctly in accordance with the
plans referred to in section— of this article w ill have the right to challenge that rate, classification,
or production standard under the grievance procedure. (32)
*
*
*
Any dispute as to whether or not the size or weight of the sling load or the number of men in
a gang has been reasonably established in accordance with the specified criteria shall be dealt with
in accordance with part-—Grievance Machinery. (33)
Procedures for discussion and review of the changes, including trial
periods in some instances, were often provided:
In the event of the introduction or installation of new and different production machine equip
ment or other operations in any of the departments com ing under the terms of this agreement which
are not already covered by this agreement, or in the event of important operating changes involving
machine equipment or other operations which are covered, which result in a substantial change in
operations, a meeting shall be held with those members of the Joint Standing Com mittee and such
other representative personnel designated by the union who are directly concerned with the operation,
to discuss and review the crew complements, wage rates, and other conditions which are to apply
to a trial period of operation which shall not exceed 30 days unless extended by mutual consent.
After the trial period the complement of crews, wage rates, and other conditions shall be estab
lished by mutual agreement of both parties, and by adding an addendum to this agreement.
In case
agreement is not reached, the matter shall be referred to the grievance procedure provided in the
contract. (34)
>:« >:< *
When changes occur in the operations or methods that will substantially affect the workload of
any group o f employees, the job w ill be studied immediately prior to the proposed change and stand
ards set up in accordance with the employer’ s usual procedure. The employer w ill notify and explain
the change to the president or business agent of the loca l union 7 days before the change becomes
effective. If the employees believe that the workload resulting from the changed operation or method
exceeds the reasonable working capacity of average or normal operator, the matter may be taken
up as a grievance. (35)
Under master agreements, protection against local working conditions
which did not conform to the master agreement was provided in some cases,
particularly in the steel industry, by specifying that such issues were to be sub
ject to the grievance procedure:
In no case shall loca l working conditions be effective to deprive any employee of rights under
this agreement.
Should any employee believe that a loca l working condition is depriving him of
the benefits of this agreement, he shall have recourse to the grievance procedure and arbitration,
if necessary, to require that the loca l working condition be changed or eliminated to provide the
benefits established by this agreement. (36)
13
Possible employee claims over plant closing, a problem in the garment
industry, were included in the grievance procedure in some agreements:
A ll cases involving the interpretation or application of the agreement, and any and all disputes,
claims, controversies, complaints and grievances, arising under, out of, or in connection with, or in
any manner related to, this agreement, including, but without limitation, any claim against a m em
ber of the association arising out of any alleged dissolution or termination of the business of such
member prior to the expiration of the term of this agreement, shall be taken up for settlement and
adjustment by representatives of the union and the association. Should any such matter not be fully
adjusted, it shall be submitted to arbitration. . . . (37)
Complaints that might arise over the exercise of company prerogatives
were frequently listed as a specific inclusion:
Complaints or disputes concerning the exercise of any company prerogatives shall constitute a
grievance and shall be processed through the grievance procedure. (38)
While some agreements specifically excluded disagreements over em
ployee benefit plans from the grievance process, others specifically included such
issues:
It is understood and agreed that this group insurance program is subject to all the terms and
conditions of the master contract issued to the employer by the selected insurance carrier. If any
difference shall arise between the employer and any employee in regard to the interpretation of this
agreement, the same shall be settled under the terms of the grievance procedure of the labor agree
ment. (39)
Discipline over unauthorized strike action was another area specifically
excluded in some agreements and specifically included in others:
. . .
In the event the company should take disciplinary action against individuals allegedly en
gaging in such unauthorized strike or stoppage, the union reserves the right to utilize the machinery
of the grievance procedure on behalf of any individual so disciplined. (40)
Unique inclusions were found in some agreements which seemed to in
dicate that a misunderstanding over the issue had previously occurred.
An ex
ample follows:
Pay for grievance time—“Grievances through step 4 shall be discussed on the time of the company
at such times and places as are mutually satisfactory to the company and the union. However,
the time used by the employees in taking up grievance matters shall be kept within reasonable limits,
which limits may be subject to determination under the grievance procedure. Employees shall be
compensated at their regular rates of pay for the time spent as specified above during regularly
scheduled shifts. (41)
Disputes over whether certain issues were subject to the grievance pro
cedure were determined by the grievance process in some agreements:
A grievance is defined as a complaint which involves the interpretation or application or com
pliance with the provisions of this agreement. Any dispute over whether a complaint is subject to
these procedures shall be handled as a grievance in accordance with procedures in this agreement. (42)
Probationary Employees and Apprentices
Where reference was made in the collective bargaining agreement to
these two classes of employees, each one*s use of the grievance machinery was
often defined.
Agreements specifically granting probationary employees recourse to the
grievance procedure over discharge disputes were rare. A typical clause states:
The first 21 days worked by each new employee shall constitute a probationary period during
which time the employer may dismiss the employee without being subject to the grievance proce
dure. (43)
14
When permitted, a minimum service time was usually required:
New employees shall be considered as probationary employees until they have served 3 months
continuous employment with the company. Probationary employees do not have seniority during the
3 months* probationary period. At the expiration of the probationary period, such new employees
shall acquire seniority from the date of hire. After 1 month of employment, probationary em ploy
ees may use the first three steps of the grievance procedure except for grievances arising from trans
fers, discipline, or discharge. Grievances involving probationary employees are not to go to arbi
tration. (44)
More variation was noted in provisions regarding apprentices.
Disputes
over the administration of apprenticeship programs were barred from the griev
ance procedure in some agreements:
No matter respecting the provisions of the apprenticeship program shall be subject to griev
ance procedure established in this agreement. (45)
Under some agreements, grievances were permitted only if the joint
apprentice committee could not settle the dispute:
Should the com m ittee fail to agree, or in case of an appeal from a decision of the com m ittee
by either an apprentice or an employer, such matter shall be adjusted in accordance with the griev
ance procedure under the contract . . . (46)
Under others, only grievances over disciplinary action administered to apprentices
were subject to the grievance procedure:
. . . Normal disciplinary matters pertaining to apprentices shall be the sole responsibility of
the foreman. Any grievances resulting from such disciplinary action shall be resolved through the
grievance procedure. (47)
Some agreements implied for apprentices all the rights of journeymen:
Apprentices shall be given the same protection as journeymen and journeywomen and shall be
governed by the same shop rules, working conditions, and hours of labor. (48)
Under supplemental apprenticeship agreements, provision may be made
for the handling of grievances by joint apprenticeship committees.
Union-Management Cooperation in Grievance Handling
A pledge by union and management to utilize the contract grievance m a
chinery often prefaced the grievance provision of the contract.
The pledge often
included a general statement banning work stoppages during the processing of a
grievance:
Should any differences arise between the company and the union as to the meaning and appli
cation of the provisions o f this agreement or as to any question relating to the wages, hours of work,
and other conditions of employment of any employee, there shall not be any suspension of work on
account of such differences, but an earnest effort shall be made to settle them promptly and in a c
cordance with the provisions of this agreement in the manner hereinafter set forth. (49)
*
#
>!<
Should differences arise between the company and the union or employees as to the meaning
and application of the provisions of this agreement, or as to the com pliance o f either party with any
of the obligations under this agreement, or should there be any complaint or grievance by an em
ployee or the union, earnest effort shall be made to present and settle such differences immediately
under the following ^grievance^ procedure. (50)
15
Many agreements contained a general statement pledging the cooperation
of both parties, including a pledge to expedite the process.
In addition, general
procedural rules were often included, and, in some agreements, instructions for
setting up a detailed grievance manual were outlined.
The company and the union shall cooperate in the prompt disposal "of all grievances in an ami
cable manner.
(51)
* * %
The union w ill cooperate with the company by handling grievances in such a manner that there
w ill be a minimum of interference with normal operations of the company's business.
(52)
>;< s|< s|<
All grievances shall be reported to the industrial relations office and receive a serial number.
A log by serial number shall be maintained by the industrial relations office indicating the status
of all grievances and the disposition of same. This record shall be available to representatives of
the company and the union at any time. The company and union w ill issue monthly a joint sum
mary of all grievances settled during the preceding month and copies made available to the necessary
union officials.
(53)
>!< >!<
Both parties recognize the desirability of exerting an earnest effort to settle grievances at the
earliest possible tim e.
The union agrees to make a careful investigation of a complaint before
submitting it under the grievance procedure in order to ascertain whether in its opinion the grievance
complaint is reasonably justified under the terms of this agreement and that there is reasonable ground
to believe that the claim is true in fact.
(54)
# >;<
The union and the company, jointly, will prepare a manual on the correct handling of grievance
matters for distribution to those handling such matters. This manual, among other things, will cover
the following points: (1) Organization of the grievance structure, with emphasis on the persons re
sponsible for handling grievances at each level, the limits of their authority, etc. ; (2) recognition
of grievances; difference between real grievances and other matters which do not belong in the griev
ance structure; and (3) steps in processing a real grievance, detailed from the time the grievance
originates until it is disposed of at the third level.
(55)
Chapter III. Presentation of Grievances
When a union becomes the exclusive bargaining agent of a group of em
ployees, it is required by law to represent all employees in the bargaining unit.
Under such representation, all employees, members and nonmembers alike, have
equal rights to have their grievances (as defined in the contract) processed through
the grievance machinery specified in the contract.
The constitutions of some unions emphasize the union1s responsibility in
handling grievances, but in this framework such responsibility applies to union
members only:
The international union and the local union to which the member belongs, and each of them, are
by him irrevocably designated, authorized, and empowered exclusively to appear and act for him
and in his behalf before any board, court, com m ittee, or other tribunal in any matter affecting his
status as an employee or as a member of his local union or the international union, and exclusively
to act as his agent to represent and bind him in the presentation, prosecution, adjustment, and settle
ment of all grievances, complaints, or disputes of any kind or character arising out of the em ployeremployee relationship, as fully and to all intents and purposes as he might or could do if personally
present. (56)
i\( >;<
The international union and the local union to which the member belongs shall act exclusively
as his agent to represent him in the presentation, maintenance, adjustment, and settlement of all
grievances and other matters relating to terms and conditions of employment or arising out of the
em ployer-em ployee relationship. (57)
As pointed out in chapter I, union participation is a key element in
grievance procedures under collective bargaining agreements. However, prob
lems may arise over complaints the union chooses not to process as grievances.
Among these are grievances that are without merit, in the union’ s judgment;
those which the union feels it could not win; and disputes in which a choice has
to be made between opposing grievances of two employees (e. g. , grievances in
volving seniority). Where such judgment enters, an employee may feel that his
grievance has been improperly rejected, or, if accepted, not properly processed,
because of bias or discrimination.
If the employee does not receive satisfaction with regard to the han
dling of his grievance, he has the right under the Labor Management Relations
(Taft-Hartley) Act, 1947, should he choose to exercise it, to present his griev
ance and seek adjustment on his own initiative. Union members also may have
recourse through their unions.
The Taft-Hartley Act, to which almost all agreements in this study were
subject, sets forth the qualified right of employees to present grievances with or
without union participation in these words:
Sec. 9. (a) Representatives designated or selected for the purposes of collective bargaining by
the majority of the employees in a unit appropriate for such purposes, shall be the exclusive repre
sentatives of all the employees in such unit for the purposes of collective bargaining in respect to
rates of pay, wages, hours of employment, or other conditions of employment: Provided, that any
individual employee or a group of employees shall have the right at any time to present grievances
to their employer and to have such grievances adjusted, without the intervention of the bargaining
representative, as long as the adjustment is not inconsistent with the terms of a collective-bargaining
contract or agreement then in effect: Provided further, that the bargaining representative has been
given opportunity to be present at such adjustment.
17
18
Some agreements either stated that the agreement would conform to sec
tion 9 (a) of the Labor Management Relations Act or included a clause similar in
wording to section 9 (a).
It is understood and agreed that section 9 (a) of the National Labor Relations Act grants to an
individual employee or group of employees the right at any time to present grievances to their em
ployer, and that nothing contained in this agreement shall be construed so as to abridge, lim it, or
restrict that right.
(58)
>;< *
It is agreed that any individual employee or group of employees shall have the right at any time
to present grievances to the employer without the intervention of the unionj provided, that any ad
justment of grievances so presented shall not be inconsistent with the terms of this agreement, and
provided further, that a representative of the union is to be given an opportunity to be present at
such adjustment and be informed on the facts pertinent there to. . . (59)
Initial Presentation
The parties permitted to submit a complaint to the grievance procedure
were identified in 395 agreements, more than 9 out of 10 of the 416 examined in
detail, as follows.
All of those that did not indicate who presented grievances
were multiemployer agreements.
Agreements
Parties identified
Number studied----------------------------------
Workers
415
2 , 600 ,1 0 0
238
1,625,700
Initial presentation by:
Employee and/or union steward *
1 ---------Union---------------- :----------------------------------Steward------------------------------------------------Employee---------------------------------------------Business ag en t------------------------------------Grievance committee----------------------------Business agent and/or steward ------------
71
37
20
15
11
3
516,000
94/300
67,400
132,900
55,800
8,300
Not clear, or varies by lo ca l
agreement------------------------------------------Not indicated----------------------------------------
3
18
4,800
95,100
1 Includes 2 agreements which specified the steward, but required the
employee's presence; and 8 which specifiedthe employee, but required the
union representative's presence.
NOTE: Because of rounding, figures may not equal totals.
Almost two-thirds (238) of the 395 agreements which definitely identified
the initiating parties involved both the employee and the union representative.
Nearly all of the clauses in this group either allowed the steward, at the em
ployee^ option, to accompany the employee; permitted either the aggrieved em
ployee or the union representative or both to present the grievance; required the
employee and the union representative to present the grievance; or allowed the em
ployee to accompany the steward on presentation:
The grievance shall first be presented by the aggrieved employee in person, and, if he so desires,
in the presence of his department steward to the shift or immediate foreman under whom the employee
is working. The department steward shall be given an opportunity to be present at the adjustment
of the grievance. . . . (60)
'fi
'p
>!<
19
. . . Should any difference, dispute, or grievance arise between the union and the employer
under the provisions of this agreement, it shall be taken up as follows:
(a) Between the employee and/or his union department steward and the department foreman.
If the matter is not satisfactorily settled by the close of the next working day, the matter shall
be referred to . • . (61)
#
sje
*
The dispute, difference, or grievance shall be taken up by the aggrieved employee, the depart
ment steward, and the foreman of the department involved. . . . (62)
* * *
. . . any such employee may . . . report the matter directly to his grievance or assistant
grievance committeeman and in such event the grievance or assistant grievance committeeman, if
he believes the request or complaint merits discussion, shall take it up with the employee*s foreman
in a sincere effort to resolve the problem. The employee involved may be present in such discussions,
if he so desires. (63)
The few remaining provisions in this group provided either for presentation by
the employee or the union representative, but required the presence of both the
employee and the union representative, as in the following:
An employee who believes that he has suffered a grievance may, after discussing same with his
foreman in the presence of his committeeman, request his committeeman to present the grievance
in writing to his foreman. . . . (64)
*
afic *
Should any differences • . . arise between the employer and the union as to the meaning, ap
plication, or operation of this agreement, there shall be an attempt to settle such differences in the
following manner:
Step 1. By a conference between a member or members of the shop com m ittee, accompanied
by the aggrieved em ployee in the case of an individual grievance, and the foreman or superintendent
of the department . . . (65)
Initial presentation of the grievance by union representatives (including
grievance committee), without mention of employee participation, was specified
in approximately a third (137) of the provisions.
One-half of these provisions
just indicated the union in general:
In the event of a dispute, difference, or disagreement between the employer and the union . . .
representatives of the employer and the union shall make an honest and sincere effort to adjust the
same in an amicable manner. (66)
% H< H<
Disputes shall first be taken up between the employer and the loca l union.
by these parties the following procedure shall then apply: (67)
Failing adjustment
In the other half, a specific representative of the union (steward, busi
ness agent, or grievance committee) was identified:
If an employee has a grievance, he shall report it to his district steward, who shall endeavor
to adjust such grievance with the foreman designated to handle grievances for that district. (68)
H« He H<
20
. . . The craft steward is to receive grievances or disputes from employee members of his craft
and shall immediately report them to his business agent or special representative, who shall im m e
diately attempt to adjust said grievance or dispute with the contractor or his representative,, (69)
*
*
*
. . . Whenever the grievance com m ittee determines that it has a justifiable grievance, it shall
first discuss the grievance with the staff manager of the aggrieved agent or, in his absence, with
the manager of the district in an attempt to settle the grievance,,
The staff manager or, in his
absence, the manager of the district, shall review the grievance not later than the second reporting
day following its presentation, (70)
sjc
. . . Any question or controversy arising between the company and the local union shall first
be referred for adjustment to the steward and/or the business manager of the loca l union and the
immediate supervisor of the department involved.
(71)
Only 20 agreements made provision for initiation by the employee with
out mentioning the union, as indicated in the following:
. . , Any grievance of an employee shall first be taken up between such employee and his
immediate supervisor. (72)
Initial presentation of grievances in the vast majority of single- or multi
plant agreements of a single company involved the employee and the union repre
sentative.
By contrast, the majority of multiemployer agreements named the
union or a union representative as the grievance initiator. However, multiem
ployer agreements which referred to individual supplements usually did not spec
ify the initiating party; appeal at the association level was often indicated.
Some agreements, in addition to including a clause specifying presen
tation by the employee and/or steward, included a clause which allowed higher
officials of the union to initiate grievances of a general nature or grievances
relating to interpretation of the agreement.
More information on provisions of
this type appears in chapter IV.
Any grievance of a general nature affecting a large group of employees, and which concerns
the interpretation, application, or com pliance with the provisions of this agreement, shall be con
sidered a policy grievance and shall, at the option of either party, be filed at step 3 of the grievance
procedure. Such a grievance shall be initiated by either the president of the union or the industrial
relations manager of the company. (73)
Occasionally an agreement would list specific instructions on the presen
tation of grievances of more than one worker relating to the same issue. Gen
erally, such grievances would be submitted as one grievance by a party or par
ties appointed by the union:
. . . In the event a grievance is filed by more than one employee on the same issue, the case
will be processed collectively as a group of not more than three of the employees involved. . . .
(74)
The company, as well as the union and the employee,
grievance under some agreements:
could initiate a
The grievance procedure shall be available to the union and to the company as well as to the
employees. When a complaint originates with the company, it shall follow the same steps as a
complaint originating with an employee, the only difference being that the position of the parties
in each step of the grievance procedure shall be reversed. (75)
21
Other agreements also allowed the union to initiate and process employee
grievances without action on the part of the employee:
The union and its representatives shall have, the right to originate the complaint, in writing, for
an individual employee other than through an employee or shop steward and to seek adjustment with
the company in the manner provided in this provision. (76)
>|< >!« >;<
In the event the aggrieved employee is absent or the grievance can be considered a violation
o f any contractual provision, the grievance may be reduced to writing and signed by the steward. (77)
A ban on initiation of grievances by either the company or the union
was included in only a few agreements:
Neither the company nor the union shall initiate grievances.
(78)
In addition to regulations on who may present the grievance, many agree
ments included time limit regulations on presentation.
These are discussed in
the following chapter. Other rules on presentation, such as when the grievance
could be presented, or whether it was to be submitted orally or in writing, are
also discussed in the following chapter.
In most agreements, once the union took charge of processing the griev
ance, the right to appeal was vested with the union:
Differences relative to rates of pay, wages, hours of labor or other conditions of employment
arising under this agreement or in connection with the interpretation thereof will be handled as follows:
Step 1. The employee will take up the difference with or without his steward, with the section
foreman or supervisor who is immediately below the department foreman in charge of his section.
An answer will be given as soon as possible, but not to exceed 1 working day.
Step 2. If the difference is not settled in step 1 within 1 working day, it may be presented by
the employee and his departmental steward to the department foreman, and will be reduced to writing
on company forms, if settlement is not reached in oral discussion. A written answer will be given
by the foreman within 1 working day, unless a reasonable extension is mutually agree upon.
Step 3. If the difference is not settled in step 2 and is considered to be justifiable by the union
for further processing, it w ill be presented, in writing, to a representative who will be designated
by the company for that purpose, within 1 week of the foreman's answer, and at least 2 working
days prior to the next regularly scheduled meeting. At this meeting, the difference will be discussed
with a representative of the division involved and the designated company representative. A written
decision will be given by the division representative, within 2 working days, unless a reasonable ex
tension is mutually agreed upon.
Step 4. (a) If the difference is not settled in step 3 and is considered justifiable by the union
for further processing, it will be presented, in writing, to the director of industrial relations, within
2 weeks of the reply in step 3, and at least 5 working days prior to the next regularly scheduled
meeting. At this meeting, the difference will be discussed with the director of industrial relations
and/or other representatives of management. A written decision will be given by the company within
5 working days, unless a reasonable extension is mutually agreed upon. Interpretation of the terms
of this agreement w ill be handled in this step.
Step 4. (b) The union agrees to accept and act promptly upon complaints the company may
advance from time to tim e. Any such complaint will be presented in writing by the director of
industrial relations or his representative to the general grievance com mittee of the union, authorized
to adjust differences.
The matter will be discussed by the parties at the next regularly scheduled
meeting in this step. The union will return its reply in writing within 5 working days unless a
reasonable extension is mutually agreed upon.
Step 5. If the difference or complaint is not settled in step 4, it may be referred to the American
Arbitration Association for arbitration to be conducted under its voluntary labor arbitration regulations
then obtaining. Such reference to arbitration will be made within 60 calendar days after decision in
step 4, The parties agree to abide by the award made in connection with any arbitrable difference
subject to such regulations as any Federal agency having jurisdiction may impose. There will be no
suspension of work while any difference is in process of adjustment or arbitration. (79)
22
Some agreements, however, have explicitly preserved the right of the
employee to request the union to appeal if he was not satisfied.
Procedure as to grievances of employees: A ll grievances shall be considered in the steps set forth
hereinafter. If the grievance is not adjusted satisfactorily under the first or second step and the ag
grieved employee requests further consideration of his grievance, such grievance shall be presented
by the representative of the union in writing to the supervisor indicated in the successive steps with
a copy to the personnel director of th e/com pany/'. The personnel director shall be responsible for
following up such grievance to assure a prompt reply. No claim shall be made for the adjust
ment of any grievance retroactive to or as of any date beyond 30 days prior to the first filing of
such written statement. (80)
In some cases, the employee could independently exercise this right up
to a certain level only:
The immediate supervisor shall explore and discuss the em ployee’ s stated problem with the steward
and/or the employee and shall render a decision within 2 workdays.
A.
The employee and/or union steward may appeal to the second step of this procedure . . .
Step 2.
If the supervisor's decision is appealed to step 2 . . .
promptly with the union president, and render a decision . . .
department head shall meet
The union president may appeal such decisions to the third step of this procedure . . .
(81)
Although in some agreements no provision was made for the employee
to appeal a grievance, he was allowed to be present during part or all of the
grievance process:
The employer agrees not to discuss or handle any complaints or grievances with individual em
ployees but to handle complaints through representatives designated by the loca l unions as set forth
below.
The employee or employees involved have the right at all times to be present for such
discussion if they so desire. (82)
>!< *
>!<
. . . any em ployee directly involved in a grievance may appear at any of the steps of the
grievance procedure, provided:
(a) In the case of a discharged employee such appearance shall be permitted only at the third
step of the grievance procedure and,
(b) In a grievance that involves more than one employee only a representative number of em
ployees not to exceed four may so appear . . . (83)
On the other hand, in some agreements employee participation was
limited to presenting the facts, not to adjudicating the complaint:
An employee other than a steward who files a grievance shall not be permitted to participate
in any step of the procedure except step 1; provided, however, that if at any step in the grievance
procedure either party desires to call the employee filing the grievance to testify regarding the griev
ance, he shall be called and questioned and excused from the discussions at the conclusion of his
testimony before the discussion of grievance proceeds.
(84)
Any aggrieved employee shall have the right to be present at any step in the grievance pro
cedure in the presentation of the facts pertaining to his grievance. (85)
Informal procedures often did not specify whether or not an employee
had rights to appeal or to be present during the grievance process:
Differences between the employer and the union as to the application or interpretation of any
of the provisions of this agreement, including the question whether an employee has been disciplined
or discharged for just cause, shall be settled by the following grievance and arbitration procedure:
If such differences are not settled by the employer and the union within 5 working days, then the
employer and the union shall each appoint two members to constitute a grievance com mittee. If the
com mittee of four cannot reach a settlement within 5 working days thereafter, then a fifth person, who
shall be designated chairman, shall be appointed by the four. (86)
23
Employee Grievance Representatives
Agreements frequently included detailed provisions relating to the griev
ance representatives designated or appointed to handle grievances.
The number
and type of grievance representatives were often specified. Details included num
ber and/or proportion of representatives, method of selection, qualifications,
duties, and restrictions and privileges.
The grievance representatives at the earlier stages of the grievance pro
cedure were most often employees of the company, although, at times, a business
agent or international representative took part in the discussions. (See next sec
tion. ) The first representative was frequently the shop steward or department
steward.
The shop steward often handled grievances at successive steps along
with the chief steward or other union representatives. Sometimes the shop stew
ard or department steward was included in the union grievance committee, which
was frequently used to adjust matters not settled in the early stages. The fol
lowing clause illustrates the different union representatives serving at successive
stages of the grievances procedure:
The company recognizes the following representatives of the union as provided for in this article.
Departmental stewards who will be employees of the company authorized to adjust differences in
steps 1 and 2. A general grievance com mittee consisting of five employees of the company, three
from Lodge---- and two from Lodge----- , who will be authorized to adjust differences with the com
pany in steps 3, 4, and 5. Business representatives of the local union who will be privileged to assist
other representatives of the employees in conferences with the company in steps 3, 4, and 5. R ep
resentatives of the international union who will be privileged to assist other representatives of the
employees in conferences with the company in steps 4 and 5. (87)
*
»!<
Union representatives shall not handle any grievances arising outside of their respective areas or
steps of the grievance procedure, which are defined as follows:
(1) Stewards: for complaints if requested by employee, or first step, only within their defined
geographical areas.
(2) Committeemen: for second step only within their defined geographical areas.
(3) Chairman or a member of the shop com mittee designated by the chairman: for third and
fourth step grievances within the bargaining unit, on all shifts. (88)
In addition, some agreements designated the types of grievances various repre
sentatives were to handle.
It is understood that the chief stewardess will take care o f matters involving piecework, subject
to the provisions of the grievance procedure article. . . .
It is understood that the president will
concern himself with interpretations of the contract, seniority disputes, discharges, and other matters
of general administration of union business. (89)
The number of grievance representatives was determined by various
methods.
Some agreements simply specified an upper limit, or designated the
union representatives.
Employees shall be represented by a negotiating /grievance/com m ittee of not more than 12 m em
bers and not less than 6 members, who shall be selected by the union on the basis of an apportion
ment of committeem en which may be changed from time to time by mutual agreement to provide
proper representation (as of the effective date of this agreement, it is mutually agreed that the
negotiating com mittee is composed of 8 m em bers.) The president of the union shall serve as an
additional member of the negotiating com m ittee. (90)*
*
>j< %
24
The recognized union representative shall consist of the following:
a. Four plant officers:
Chairman.
V ice chairman.
Financial secretary.
Recording secretary.
b. Five members of the executive board.
c. Com mitteem en for the transmission and axle division not to exceed four:
Two com mitteem en for production employees.
One committeeman for nonproduction employees.
One committeeman for skilled trades employees.
Alternates as provided for herein.
d. Com mitteem en for the Forge Division not to exceed three:
One committeeman for production employees.
One committeeman for nonproduction employees.
One committeeman for skilled trades employees.
Alternates as provided for herein.
e. Stewards: One steward for every 50 employees.
(91)
-!<
sje
ajc
The union shall be represented in each bargaining unit as follows:
In the ratio of not to exceed 1 district committeeman for each 250 employees covered by this
agreement except that in plants of 500 employees or less there may be 3 committeemen; in plants
of 500 to 1,000 employees, there m a y b e 5 committeemen; in plants of 1,000 to 1,500, there may
be 7 com mitteem en. Any deviation from these rules to cover special conditions in any plant will
be negotiated between the corporation and the international officers of the union. (92)
In very large plants, agreements sometimes provided for grievance com
mittees for each department, in addition to plantwide grievance committees. In
the national General Motors agreement, which provided for district committeemen
for subdivisions within the plant, and shop committeemen on a plantwide basis,
the union had the option of adjusting the ratio of district committeemen to shop
committeemen-at-large in plants with employment under 1, 500:
The shop committees in the plants covered hereby shall be as follows, except in plants up to
1,500 employees the union has the option of selecting plan A or plan B:
Shop committee
consists of—
Employment in plant
Plan
Plan
Plan
500 to 1,000------- 1
Plan
Plan
1.000 to 1,500 — { Plan
1.500 to 2,500-----2.500 to 3,500-----3.500 to 5,000 -----5.000 to 9,250 -----9,251 to 11,750—
11,751 and over —
Up to 500
ABABAB-
Number of
districts
in plant
3
District
committeemen
3
2
2
5
4
7
5
4
7
6
6 to 10
6
10 to 14
14 to 20
20 to 37
38 to 47
48 and over
5
4
3
0
0
0
Shop
committeemenat-large
0
1
0
1
0
1
2
Total
shop
com
mitteemen
3
4
7
9
3
3
5
5
7
7
7
7
7
7
9
11
11
(93)
Union representatives were either appointed by the local union or elected
by the employees in the unit. Some agreements provided for the option of either
election or appointment.
25
Stewards shall be selected by the union and shall represent the employees within their respective
zones. The employees who work on a shift other than the shift on which their regular steward works
shall be represented by the nearest available steward working on the same shift when the regular
steward cannot be contacted by the employees. Tim e spent by a steward shall be charged against
his allowed tim e. The zones shall be designated in such a manner as to divide the employees equally
among the zones insofar as may be possible. (94)
*
>!< *
Each bargaining unit w ill be districted by agreement between the loca l plant management and
the shop com mittee so that, insofar as practicable, each district on each shift shall contain approx
imately 250 employees. Each committeeman shall have a definitely defined district. The members
of the union in each such district shall select a committeeman who is working in that district to
represent the employees in that district. An alternate district committeeman in each district, whose
duties shall be the same as those of the regular district committeeman for that district while he is
absent from the plant, may be selected by the members of the union. Plants shall be redistricted
not more frequently than at 6-month intervals, upon request of either the plant management or shop
com m ittee. (95)
'!<
sje
*
The employees may, if they desire, select from among themselves one member to act as steward
on the job . He shall be under the jurisdiction of the arbitrators and he shall be subject to the same
terms of employment as any other employee. In the event the members do not desire to select one
of their members as steward, then either the president or the business agent of the union shall appoint
one of the employees as steward. (96)
Qualifications of union representatives, when specified, were most com
monly phrased to require that shop stewards or other grievance representatives
be employees of the company. In some instances, a minimum length of service
was to be required. It was sometimes required that representatives be regular
employees of the company or of the group they represented, be competent jour
neymen, etc.
Only regular employees of the company, employed in the respective work groups they represent,
shall be designated as stewards, chief stewards, or members of the joint union board. (97)
s|< >;<
Only employees who have seniority shall be eligible to hold the offices of stewards and com m it
teemen of the loca l union. (98)
>[< '!<
A steward shall be a working employee, appointed by the business manager, who shall in addition
to his work as journeyman be permitted to perform during working hours such of his union duties as
cannot be performed at other times • . .
That stewards are expected to be competent journeymen and to do the normal amount of work
required of other journeymen, with the exception of a reasonable amount of time to perform his
proper duties. . . . (99)
-!<
*
No person shall be eligible to serve as steward or grievance committeeman or their alternate
except an employee in the bargaining unit who has acquired seniority status, provided, however, that
in the event a new department is created within a bargaining unit covered hereby and a majority
of the employees in such department are probationary employees, this provision will be waived for
said department. (100)
The duties of grievance representatives, which include investigation of
complaints, examination of records, and representation at hearings, were some
times included in the agreement:
Job Steward. There shall be a steward on each job who shall be appointed by the business repre
sentative or elected by the men on the job . He shall keep a record of the workers laid off and dis
charged; and take up all grievances on the job and try to have the same adjusted, and in the event
he cannot adjust them, he must promptly report that fact to the business representative. . . . (101)
;!<
>;<
26
A steward, upon oral application to and permission from his supervisor, shall be permitted to
devote necessary time during his working hours without loss of pay:
(1) To investigate or process a grievance or dispute in his assigned area at the request of an
employee or to investigate or process a grievance or alleged violation of the agreement in his area.
(2) To confer with the chief steward with regard to an alleged grievance or dispute . . .
(3) Upon request from the union to the company to attend meetings between the company's
industrial relations department and the grievance com m ittee, where he is involved. (102)
Generally, grievance representatives were permitted to leave their reg
ular work to investigate and process grievances, subject to various restrictions.
Common restrictions included those which concerned keeping records of time
spent, as well as setting the maximum time which could be devoted to grievance
handling. Other restrictions dealt with notification to and permission of the fore
man, especially when it was necessary to leave the work area.
A few agree-*
ments specifically prohibited representatives from soliciting grievances.
The total amount of time which may be used in any week by committeemen for the purpose of
adjusting grievances, meeting with management and handling other legitimate representation func
tions . . . shall not exceed the following:
Hours
Monday
through
Friday
Saturday
District committeemen
15
3
3
Shop committeemen in plants of
5,000 employees or less
30
6
6
Shop committeemen in plants of over
5,000 employees
35
7
7
>;< *
Sunday
*
No union representative shall engage in union activity during his working hours unless he is clocked
out on union activity tim e, regardless of the length of time involved. (104)
sje ♦ *
When it is necessary for union representatives to cease work or leave their place of work for
the purpose of investigation and adjustment of grievances or disputes, they shall report to their fore
man and get an authorization card which shall be returned to the foreman upon resuming work.
(105)
*
*
*
Grievance Solicitation. No union representatives, union stewards, or grievance committeemen
may solicit grievances but may receive, discuss, and handle grievances (as provided in this article)
on the premises of the project during working hours except where any such activities unreasonably
interfere with their work. . . . (106)
*
*
*
No member of any com m ittee shall have the right or authority to talk or discuss any case
with management unless he is accompanied by a majority of the com m ittee handling the case
involved. (107)
In many agreements special privileges and protection were afforded to
grievance representatives.
Superseniority, whereby a grievance representative
is placed at the top of the seniority list and is thus the last person to be laid
off, will be discussed in more detail in a later bulletin on seniority.
Superseniority has the effect of protecting the job status of union representatives, and
27
insures continuity of grievance work by experienced representatives. Other priv
ileges and protection afforded union representatives included consultation with the
union before layoff or discharge of grievance representatives, company pledges
of no discrimination, and permission to work overtime when employees under
their jurisdiction work overtime in order to provide representation.
Super Seniority for Layoff. For the purpose of applying layoff procedures, the following employees
shall be deemed to have top seniority: president, three vice presidents (not more than one at each
facility), secretary-treasurer, four directors, chief steward, and senior stewards of the union.
This
seniority shall be determined by rank, regardless of job family, for the officers; by seniority, re
gardless of job fam ily, for the directors; and seniority by job family for the chief steward and senior
stewards. Further, officers shall be deemed to have seniority over directors and the chief steward
and senior stewards, and directors over the chief steward and senior stewards, and the chief steward
over the senior stewards. This super seniority shall apply only to employees with 18 months or
more of seniority. (108)
*
*
. . . the steward shall not be laid off or discharged without a prior conference with the business
representative. (109)
>jc >;< >;<
The union shall be entitled to one department committeeman in each department of each plant
who shall have preferential seniority in his respective department of the company plants providing
he has at least 2-years' seniority. The total of such departmental com mitteem en entitled to pref
erential seniority shall not exceed one for each foreman.
Members of the negotiating committee and plant stewards shall have preferential seniority in
their respective plants. Plant stewards shall have seniority precedence over departmental com m ittee
men. Negotiating com mittee members shall have seniority precedence over plant stewards.
(110)
>\< *
>;<
The shop steward shall make himself known as such to the employer. No shop steward shall be
laid off because he performs his union duties as shop steward and shall, whenever practical, be re
tained on the job as long as there is work he is capable of performing. In the event that the shop
steward is laid off, a representative of local union------may investigate the reason for such layoff.
If, in his opinion, the layoff was in violation of this section, then, as provided in section -----hereof, the matter may be referred to the joint conference board for a decision. Should the joint
conference board find in favor of the shop steward, he shall be paid for all time lost by him due
to the dispute. ( I l l )
*
*
*
The employer will not in any way discriminate against any shop steward or committeeman for
presenting any complaint, dispute, or grievance to their foreman or department head or to the per
sonnel department in the manner provided for in this agreement.
The union shall advise the employer of the name or names of shop stewards currently elected
or appointed. The full grievance procedure as set herein shall be available to any union which feels
that its shop stewards have been discriminated against. (112)
*
>\< >;<
The parties agree there shall be no discrimination, interference, restraint, or coercion by either
party, or by an agent or representative of either party against any employee for union activities.
The employer will not discriminate against any employee selected to serve as shop steward. (113)
*
The company agrees that the workmen's committeemen shall not be hindered, coerced, restrained,
or interfered with in any way in the performance of their duties, or investigating and presenting
adjustments or disputes as provided in this article. The union understands and agrees that each work
men's committeeman is employed to perform full-tim e work for the company, and that he will not
leave his work during working hours except to perform his duties under this agreement. It is further
understood and agreed by the parties hereto that each will cooperate with the other in reducing to
a minimum the actual time spent by the workmen's committeemen in the performance of their duties
under this agreement.
(114)
28
Some agreements gave union representatives an offer of work which they
were capable of performing, regardless of seniority, when their regular work
was not available. This is illustrated in the following excerpt from the General
Motors—UAW agreement:
EMPLOYMENT OF COMMITTEEMEN
For the purposes of representation in handling grievances as provided herein, committeemen
will be offered work, regardless of seniority, on jobs that are operating which they can do and
shall be paid their regular rate of pay for such work. When committeemen are employed during
other than the regular hours of their jobs as provided herein, the committeeman shall handle only
current grievances arising during the period of such hours.
Members of shop committee
District
commit
teemen
Regular hours of
their iobs
Overtime of their
respective jobs
When their regular jobs
are not working but there are
10 or more employees covered
by this agreement working in
their districts or zones on work
they can do on their respective
shifts, including Saturday,
Sunday, and holiday
overtime.
Part-time operations,
excluding Saturday, Sunday
and holiday overtime, when
there is no work in their
districts or zones on their
shifts they can do.
When their districts or
zones are shut down
for model change, in
ventory, or plant
rearrangement.
All
Alternate
commit
teemen
All
Who are
also
district
commit
teemen
Who are
not
district
commit
teemen
All
All
AU
All
All
On another
job in their
respective
districts
they can
do that is
operating
(C).
On another
job in their
respective
districts
they can do
if the com
mitteeman
cannot do
a job that
is opera
ting, or the
district
commit
teeman is
absent
(A) (C).
On another
job in their
respective
districts
(or their
group of
districts)
they can do
that is op
erating (C).
None
None
All
On another
job in their
respective
zones they
can do
that is op
erating (C).
Chairmen of
shop com
mittees who
are chosen
at large
All
All
On another job
he can do that
is operating,
when 10 or more
employees cov
ered by this
agreement are
working in the
plant (C).
In other districts on work they can do
anywhere else in the plant, on their
shifts (B) (C).
As long as there are
In other districts on work they can do
any employees that
they represent, working anywhere else in the plant on their reg
in their respective
ular or another shift (B) (C).
districts (C).
(A) If the district committeeman has been advised to work and fails to inform the management that
he will not be at work, there is no responsibility on the management to call the alternate
committeeman.
(B) This willnot require the transfer of such committeemen between buildings where such practice
does not currently prevail, except by local agreement. When members of the shop committee
are temporarily transferred out of their districts, or to another shift, they will not function as
district committeemen.
(C) Except on continuous 7-day operations or operations manned by rotating or alternating shifts.
(115)
29
At higher steps in the grievance procedure, many agreements provided
for grievance committees. These committees may or may not employ some or
all of the grievance representatives previously used. In some agreements spe
cial committees were used for special issues. (A more detailed analysis of all
types of plant committees will be presented in a later bulletin.)
. . .
If no satisfactory settlement of the complaint is reached [in step 1/ then the em
ployee . . . shall . . . present same in writing . . . to his steward for investigation and dis
position . . . the steward shall request a meeting of his grievance com m ittee . . . with the proper
company department head . . .
There shall be a grievance com mittee of the union for each operating unit or branch of the
company.
It shall consist of not less than three nor more than seven members of the union. They shall
be chosen from the various classifications in such operating unit or branch of the company. (116)
sjc
5|<
;J<
COMPANY GRIEVANCE COMMITTEE
The company shall appoint a committee of seven men for the consideration of complaints and
grievances of a general nature arising hereunder, which shall be known as the company com mittee
and shall be composed of men in strictly executive or supervisory positions.
UNION GRIEVANCE COMMITTEE
The union shall select a com mittee of seven men from the membership for the purpose of han
dling complaints and grievances of a general nature arising hereunder which shall be known as the
union com mittee and shall be composed, of employees who are members of the union and who have
been in the employ of the company for at least 2 years preceding their appointment.
The union reserves the right to appoint a full-tim e business agent at any time to serve in
conjunction with the union com mittee, or to call a representative of the international union in on
any case at any tim e. . . .
Step III. If no settlement is arrived at in step II, the mill personnel man shall promptly arrange
for a meeting between the aggrieved employee, the shop steward, the chief plant steward, the busi
ness agent of the local union and any two members of the union com mittee with the plant manager,
the plant superintendent, a staff member of the industrial relations department and the mill personnel
man . . .
Step IV.
If no settlement is arrived at in step III, the staff member of the industrial relations
department shall arrange for a meeting between the union committee, and international represent
ative of the union and a representative of the company's top management designated for the
purpose . . . (117)
*
*
Step 4. Grievance com mittee meeting: If the review at the third step does not result in satis
factory adjustment . . . the grievance £may7 be placed on the agenda of the next meeting of the
grievance com mittee . . . The grievance com mittee will include the steward of the grievant or
an alternate steward designated by the union. (118)
*
*
*
If^Job evaluation grievance/is not settled in step 3, fit /sh a ll then be referred to the job evaluation
review committee . . . A job evaluation review committee shall be established and shall be com
posed of six members, three to be selected by the international union from the members covered
by this contract, and three members of management to be selected by the company. An international
representative of the union and one additional member of management may participate in the delib
eration of the com mittee e x -o fficio .
The com mittee shall meet on a semiannual basis to review
grievances referred to it and may meet more often if the volume of grievances filed requires additional
meetings. The com mittee shall be established by September 1, 1960, and shall not begin to operate
until 6 months' training of members has been completed.
(119)
30
Industry Committee. It is agreed that a industry com mittee consisting of three representatives
of the employers and three representatives of the union shall be set up for the purpose of adjusting
any disputes or controversies that may arise between the parties hereto.
In the event a grievance
cannot be settled in accordance with article-----, said grievance shall be submitted to the industry
committee.
It is further agreed that in the event the dispute or controversy cannot be settled by a majority
vote in said com mittee, it will then be submitted to arbitration as provided in the arbitration article
of this agreement.
(120)
>\< >!<
Grievances shall be settled in the following manner . . .
1.
Efforts to settle by company and local union representatives.
2. Failing local efforts, grievances shall be reduced to writing and submitted to the central
adjustment board . . . A central adjustment board is hereby established consisting o f a maximum
of eight and a minimum of four with equal representation designated by the employer and the union.
The board will attempt to settle all grievances properly presented. No member of the central ad
justment board may act on cases involving his own company or local union. (121)
Many agreements provided for time off with pay for grievance activities.
Provision for full or partial pay by the company for time spent by some or all
grievance representatives in grievance work was made in slightly more than twofifths of 1,631 agreements studied by the Bureau in 1959. 7 Paid time was usu
ally limited to the employee’ s working hours, either by a specific statement or
by providing for time off with no loss of pay:
Grievances may be taken up during working hours and the employees who are official union
representatives shall be compensated by the employer at their regular rates of pay for time properly
spent in the taking up of grievances. Such pay shall be lim ited in the case of stewards to 4 hours
per week per steward. The number of grievance com mittee members and the maximum hours per
week allowed for grievance com mittee activities shall be one member and 25 hours when the
number of employees in all units represented by local----- is 499 or less; two members and 45 hours
when the number of said employees is between 500 and 1, 199 inclusive; and for each additional
1,000 employees, there shall be one added grievance com mittee member, and an added 20 hours
allowed time. The hours herein provided for the members of the grievance com mittee shall be ex
clusive of the pay they may be otherwise entitled to, such as stewards' pay, etc.
The president of lo ca l----- shall receive up to a maximum of 10 hours per week.
(122)
>;<
Tim e spent by shop stewards, employee members of the union-company labor relations com m it
tee and employees in discussing grievances with supervision and attendance at com m ittee meetings
w ill be paid at regular straight time for any time spent except when an overtime day applies.
This
shall include investigation of any specific grievance which requires the observation of a job or the
interrogation of an employee when such can properly and reasonably be conducted only during work
ing hours.
Only in cases of extreme emergencies will the investigation of grievances or com mittee meetings
be conducted on overtime days. Tim e spent by the president of the union in union-company labor
relations com mittee meetings will not be paid for by the company.
(123)
Officers or representatives of the local union who are employees of the company will be afforded
time off from their work to assist in the work of industrial relations com mittee or executive affairs
of the union, as may he required, . . . All conferences between these representatives and the plant
management which must be held at the plant during regular working hours shall be without loss of
earnings to any employee. (124)
? See C ollective Bargaining Clauses: Company Pay for Tim e Spent on Union Business (BLS Bulletin 1266, 1959).
31
Some agreements limited time off with pay to meetings called by or con
ducted with management, and others gave time off without pay:
In order to conform with the spirit of the law, conferences with management representatives or
special com mittee meetings held with management shall not cause the employees or the union repre
sentatives who attended these meetings any deductions from their pay. (125)
>j< >,'« >[<
It is further
held outside of
not be required
the company.
understood that, when possible, local union grievance com mittee meetings shall be
working hours, but that when they are held during working hours the company shall
to pay for time lost in attending such meetings, unless such meetings are called by
(126)
'!<
Members of the grievance com mittee shall be afforded the necessary time off without pay as
may be required to attend regularly scheduled and emergency grievance meetings. (127)
Participation of Union Officials
When an unresolved dispute moves beyond the early stages of a griev
ance procedure, unions generally want to bring in higher level representatives
who are not employees of the company to deal with higher levels of management.
These outside representatives are usually full-time union employees or officials—
e. g. , the local union business agent, the local union president, a joint committee
or board, regional or international union representatives, or even, in some cases,
officers of the international. The vast majority of agreements made provision for
such participation.
Typically, the clauses specified at which step of the procedure outside
representatives were permitted to participate:
The business agent of the union, or other authorized union representative, will be recognized to
assist in the settlement of grievances which have been referred to step III. (128)
*
*
>\<
It is understood that an international representative of the union may be present on the union's
behalf during step 4 and onward.
(129)
In association agreements negotiated by joint boards, departments, other
regional bodies, or international unions, representatives of these organizations
usually participated in the grievance proceedings:
. . . A ll complaints, disputes, or grievances arising between the parties hereto relating to this
agreement or involving questions of interpretation or application of any clause of this agreement,
or any acts, conduct, or relations between the parties and/or between members of the association
and the union, or any of its affiliates or any of the workers who are engaged in any of the crafts
covered by this agreement, directly or indirectly, shall be submitted in writing by the union to
the association or by the association to the union, as the case may be, depending upon who the
aggreived party is, and the manager of the association and the manager of the union /Joint board/,
or their deputies, shall, in the first instance, jointly investigate such complaints, disputes, or griev
ances and attempt an adjustment. Decisions reached by the managers of their deputies shall be
binding on the parties thereto . . . (130)
*
*
*
A ll cases involving the interpretation or application of this agreement, and any and all disputes,
claims, controversies, complaints, and grievances whatsoever between the association or any of its
members and the union or any of its members, arising under, out of, or in connection with, or in
any manner related to this agreement, including, but without limitation, any claim against a m em
ber of the association arising out of any alleged dissolution or termination of the business of such
member prior to the expiration of the term of this agreement, shall be taken up for settlement and
adjustment by representatives of the /International/ union and the association. Should any such matter
not be fully adjusted, it shall be submitted to arbitration. (131)
32
Under a few agreements, outside union representatives could handle griev
ances at all steps. One of these agreements left the choice of union representative
to the grievant:
In the event that a grievance or dispute should arise, the grievance or dispute shall be dealt
with in the following manner:
First Step.
(a)
The employee may present his grievance either to company field supervision,
to a union business representative, or to a union steward.
(b)
If the employee presents his grievance to the steward, the steward may take
the matter up with either company supervision or with union business repre
sentatives.
Second Step. If the grievance is not settled in the first step, the union business representative
shall meet with company store supervision and attempt to settle the grievance. . . . (132)
Limitations were placed on the number of outside participants permitted
in some agreements.
At the request of the local union, not more than two international union representatives shall
be permitted to participate in discussions of grievances at top management level, unless mutually
agreed to. (133)
Access to the plant to investigate grievances and interview workers on
the job was granted to outside union representatives in many agreements.
In
most instances, access was permitted at any time.
The company shall not impose regulations which will exclude the district representative or an
international representative of the union from any plant of the company. Such representative will
be permitted to visit and enter any plant of the company, at any time, on legitimate business,
provided said representative complies with company rules as to entry on company property. (134)
>!< 5|<
A representative of either party to this agreement shall be allowed to visit all jobs during work
ing hours to interview the steward or men working on the job and members of both organizations
shall respect them as such. (135)
A few agreements allowed outside representatives access only after ear
lier grievance steps resulted in disagreement:
In cases where it is deemed necessary by the local union, an international representative of the
union shall be granted access to the plant, as hereinafter set forth, for the purpose of investigating
a grievance which has not been satisfactorily disposed of at the third step of the grievance procedure
described in this agreement, provided such visit does not conflict with any government regula
tion.
(136)
In disputes involving technical matters, agreements frequently permitted
the union to bring in a specialist:
On any grievance pertaining to incentive standards, the union may bring in its time study repre
sentative or international time study engineers at any stage of the grievance procedure. (137)
An unusual clause, illustrated below, prohibited outside representatives
from discussing problems with employees (other than stewards) or supervisors.
No full-tim e union official or business representative shall discuss any problem with employees
(other than stewards) or with the supervision of any department. (138)
Chapter IV. Processing Grievances
The process through which unresolved disputes move from the com
plaining worker to ultimate settlement, through arbitration if necessary, varies
considerably among agreements, reflecting different plant and company organiza
tional or decisionmaking structures. The size of the plant or company is a key
factor; that is, the larger the unit the more formalized the grievance procedure
tends to become. Since this study deals with agreements covering 1,000 workers
or more, the procedures described in this chapter are generally appropriate to
large units. In multiemployer agreements, however, the procedures are usually
less formal, with a typically small employer at one end and, in many cases, a
large association at the other end of the grievance line.
Procedural Steps
Contracts generally listed the successive procedural steps through which
a dispute is to be processed if agreement is not reached.
These procedures
ranged from simple informal to highly formalized ones of six steps or more;
most contracts specified three or four steps.
In a simple one-step procedure, the employee takes his complaint to the
union, and the union deals directly with the employer or his representative; if
no agreement is reached, the dispute goes to arbitration, or is dropped, or per
haps becomes a strike issue. A three-step procedure, such as that provided in the
agreement between the Ohio Brass Co. and International Association of Machinists,
comprise the following:
For company
Step
For employee
1
Employee and/or departmental
steward
Shop committee
2
3
O ffice r s ) of the union or any
authorized representative(s)
Foreman
Factory manager or representative
from the personnel department
President o f the company
(139)
(Arbitration)
A s ix - step p r o c e d u r e is illu s tr a te d by the fo llow in g su m m a r y of the griev
ance procedure in the Rohm and Haas Co. and the United Glass and Ceramic
Workers agreement:
Step
I
II
III
IV
For employee
For company
Employee
Shop steward
Area grievance man
President of local union or
his representative
Immediate supervisor
Immediate supervisor
Departmental foreman
Personnel director
Joint industrial relations committee
not more than:
V
VI
Seven union representatives
Seven union representatives, but
must include president o f inter
national union or his representative
Seven management representatives
Seven management representatives.
but must include manager of
industrial relations
(Mediation and/or arbitration)
33
(140)
34
Provisions for informal procedures were frequently found in multiem
ployer agreements covering small retail, wholesale trade, and construction com
panies. This type of procedure usually called for the union or a grievance com
mittee to negotiate with the company representatives on grievances, with no
mention of participation of the employee and steward or the foreman:
In the event of a dispute or grievance arising between the company and the employee relative
to wages, hours, or conditions of employment, under the terms of this agreement such dispute shall
be in the first instance settled, if possible, by representatives of the company and the union. The
union agrees to submit such dispute or grievance in writing to the labor relations director or an
officer of the company. An investigation will be made by said representative of the company and
a report given to the union not later than 5 days after receipt of said letter. In the event of failure
to adjust such dispute or grievances, said parties agree to submit same to arbitration. (141)
*
*
*
It is agreed that a joint board of interpretation composed of two members of the loca l union
and two members appointed by the association shall be established, to whom shall be referred any
dispute arising over the interpretation of this agreement; the board shall meet to consider and act
in the matter within 3 days; and the decision of such board shall be final. The board shall make
its decision within 72 hours. In the event of the failure of the joint board o f interpretation to arrive
at a solution, an umpire shall be chosen by them, to whom the matter in dispute shall be referred,
whose decision shall be final.
(142)
A relatively simple procedure in a single-company agreement is repre
sented by the following:
The procedure for settling all grievances,
this agreement shall be as follows:
(a)
(b)
(c)
complaints, and differences over interpretation of
In the first instances, between the aggrieved employee and the store manager.
Then between the union and the company.
Lastly, by arbitration as follows: . . .
(143)
In multistep procedures, usually the employee, the steward, or both, and
the foreman were to participate in the initial stage of the grievance process.
The
number of additional steps and the parties who were to participate at each step were
related to some extent to delegation of authority within the company and the union.
Appeal of a grievance from one step to the next nearly always involved submitting
the issue to a higher level of authority in the company. Some agreements required
that at each step, also, the union participant represent a higher level of authority;
other agreements required the same union representative to participate at some
or all intermediate steps of the procedure. In the longer multistep procedures,
agreements often provided for a change in union participation, from local repre
sentation to some higher body of the union in the last or next-to-last step of
the procedure.
In many contracts, the one- and two-step procedures did not indicate
participation of union representatives other than those on the local level:
In the event that any dispute, difference, or grievance shall arise between an employee and
the employer, such dispute, difference, or grievance shall be settled in the following manner:1
1. In the first instance by the foreman, the employee involved, and the steward of the d e
partment. . . .
_
_
2. In the event that the grievance is not adjusted under /step 1A the union may . . . take
up such grievance through the loca l shop com mittee with the works manager and the personnel manager,
or their duly designated representatives. . . .
3. In the event that the union does not accept the employer's answer, it shall . . . notify the
employer of its intention to submit the same/^isput^for arbitration. . . .
(144)
35
Multiemployer association agreements frequently listed a three-step pro
cedure. Participation in the second stage was usually open to a representative
of the association, with a joint union-association committee provided for in the
third step of the procedure:
(a) A complaint, dispute, controversies, or disagreements must be submitted by the employee
to the shop steward, . . . the shop steward and the foreman of the plant shall between them attempt
to reach a prompt and satisfactory adjustment.
(b) In the event that no satisfactory adjustment is made by the end of the following workday
on which the complaint was made, the matter shall be referred to the business representative of
the union and the executive secretary of the association who shall jointly attempt to adjust same.
(c) In the event that said matter is not adjusted within 2 working days by said representatives
and secretary, it shall be referred and submitted in writing to a joiiit com mittee, consisting of four
members, two designated by the union, and two designated by the association. . . .
(145)
A longer procedure,
illustrated in the following:
involving different stages of union authority, is
. . . all grievances . . . shall be adjusted in the following manner:
(a) Between the employee and his foreman.
If this is not successful, then in 2 days,
(b) Between the shop com m ittee of the union and the foreman. If this is not successful, then
in 2 days,
(c) Between the shop com mittee of the union and the representatives of the employer. If this
is not successful, then in 2 days,
(d) Between the branch com m ittee of the union and the representatives of the employer.
If
this is not successful, then in 4 days,
(e) Between the executive com mittee of the union and the representatives of the employer.
If this is not successful, then in 5 days,
(f) Between the executive com mittee of the union and the labor relations com mittee of the
association. Findings of this joint com mittee shall be final and binding for both or either of the
above parties or their members.
When the grievance reaches step (e), said grievance shall be presented in writing.
The association and the union shall each have the right to initiate the discussion of grievances
under this procedure,
(146)
Procedures of four steps or more were usually established under large
single-plant or multiplant single employer agreements. Generally, the procedural
steps closely followed the authority structure of the company. Illustrative of this
is the following excerpt from a multiplant agreement which specified movement of
the dispute from plant floor level, to plant personnel supervisory level, to plant
management, to company management:
. . . A ll grievances will be settled in the following manner:
First stage: Between the employee and one department shop
committeeman, and the foreman or the department supervisor. . . .
Second stage: Between members of the grievance com mittee
visor . . .
Third stage: Between members of the grievance committee . .
authorized representative or representatives . . .
Fourth stage: Between representatives of the international union
com mittee and officials of the company . . .
steward and/or one grievance
. . . and the personnel super
. and the plant manager or his
along with the local grievance
Arbitration
In the event the grievance shall not have been settled satisfactorily, the matter may be referred
to arbitration . . .
(147)
Multiplant master agreements frequently outlined the general framework
of a grievance procedure but left the steps of the procedure to be fixed at the
local plant level or permitted adjustment of steps to fit local needs.
36
It is understood and agreed that the procedural steps 1, 2, and 3, for the settlement of griev
ances represent a general standard which may be m odified where plant management functions would
make more appropriate, meetings with other supervisors than those indicated herein, and such m odi
fications as may be jointly agreed upon between the management of the plant and the union with
respect to any plant or plants of the company shall be set forth in writing and constitute, so far
as the plant or plants involved, a supplement to this agreement. Any such modifications shall rep
resent a procedure best suited to the plant or plants involved for the purpose of orderly and ex
peditious settlement of grievances.
(148)
*
*
*
The loca l union and the local plant management may negotiate such modifications of or
additions to steps 2, 3, or 4 as may be suitable to the local situation.
(149)
>!< >!<
The steps of the grievance procedure are a proper subject for loca l plant negotiation.
following general provisions shall be applicable to each loca l grievance procedure.
The
(1) A ll grievances must be reduced to writing and signed by a complainant before submission
to the second step of the grievance procedure.
The local grievance procedure shall provide for
two steps and in no event more than three steps (exclusive of impartial umpire) after the griev
ance has been reduced to writing.
(150)
Modification of the procedural steps, limited to a particular grievance,
was provided for in some instances by mutual consent:
In the interest of expediting grievances, any of the above-designated steps may be bypassed by
agreement between the local union com mittee and the designated representative of the management
named in the step to be bypassed.
(151)
>;< >\< s|<
Waiver of Grievance Procedure
Notwithstanding the procedure herein provided, any grievance may be submitted to th e^ b itra tion /
board at any time by agreement of the parties to this agreement.
(152)
For specific types of grievances, many agreements also provided for
deviation from the procedural steps prescribed in the general procedure. Usually,
these were disputes relating to company-union policy, discipline-discharge, prob
lems of an emergency nature, or other disputes which were outside the limited
authority of stewards, foremen, or other lower echelon personnel. Special handling
of these disputes included initiation at some intermediate step, and omitting or
adding other steps in the general grievance procedure.
These exceptions are
discussed in another section of this chapter.
Some agreements specifically stated that procedural steps of the griev
ance process must be followed. In other agreements, full utilization of the griev
ance procedure was a prerequisite to submittal to arbitration:
. . . /th e aggrieved employee or the union7 • . . shall be required to follow the procedure
hereinafter set forth in presenting the grievance and having the grievance investigated and the merits
thereof determined.
(153)
*
>:< *
If, after the procedure for settling disputes as set forth in the preceding steps has been followed,
there still remains any question of construction or interpretation or application of the provisions of
this agreement, such question shall be referred to an arbitrator . . .
(154)
37
Under many agreements, failure to utilize the steps of the grievance
procedure could result in waiving of the strike/lockout ban:.
The union and the company, respectively, agree that there shall be no stoppage of work either
by strike or lockout, and no intentional and concerted slowdown of work or production, because of
any dispute arising during the life of this agreement, or under the terms of this agreement or any
proposed modifications or amendments thereof: provided, however, that this article shall not be
binding upon one party if the other shall have failed or refused to com ply with the grievance pro
cedure hereunder or any decision or award of the arbitrators made thereunder.
(155)
Time Limits
Time limits aimed at expeditious processing of grievances, while still
allowing adequate time for investigation of relevant facts, were found in many
agreements. Where no time limits were specified, some agreements stated that
a mutual attempt for prompt settlement of an issue should be made:
Should differences arise under this agreement between the company and any of its employees,
or the union, an earnest effort shall be made to settle such differences immediately . . . (156)
Nearly 5 out of every 6 of the 416 agreements examined in detail set
forth time limits on some or all steps of the grievance procedure:
Agreements
Number studied-----------------------------Number with time lim its------------------------Overall— all s te p s ---------------------------Initiation only-----------------------------------Final step only---------------------------------Initiation and/or final, but not all
intermediate step s--------------------------All intermediate steps 1 ------------- „ ----Some intermediate steps 2 ----------------No time limits specified-------------------------
Workers
2 ,600, 100
343
74
1,811,600
5
250,700
45,100
12,300
120
1,012,400
15
117
73
465,000
788, 500
12
26,200
1 Includes 13 agreements which also provided time limits for initiation
or final step.
2 Includes 81 agreements in which time limits applied only to phases
of steps.
NOTE:
Because of rounding, sums of individual items may not
equal totals.
Approximately 1 out of 6 of these 416 agreements, by setting a time
limit for each action, fixed the limit from the time the act took place until the
terminal point of the grievance procedure (prior to submittal to arbitration or
other action). The remaining provisions varied considerably, ranging from time
limits on certain phases of the procedural steps, such as a time limit on manage
m ents answer in each step, to limits on all steps except initiation and/or the
final step.
Limits on the initiation of a dispute varied in both length of time and
the effective starting date.
Some of the more common limitations stated that
the grievance must be filed within a specified time beginning with the occurence
or termination of the act on which the grievance was based, at the time the
aggrieved party became aware of the act, or provided a combination of these
qualifications:
Grievance shall not* be considered by either the company or the union unless they have been
presented by the department steward to the foreman or forelady within 1 month after their occur
rence.
(157)
>:< >;< *
. . . A ll grievances concerning events which have been terminated must be filed with the
management within 10 days after the termination of the condition or event complained of. Obvious
errors are not covered by this section.
(158)
>;<
. . . Any grievance shall be first presented verbally by the employee, with his steward, to
his supervisor within 5 working days from the time of the occurrence or from the time it becomes
known.
(159)
An unusual clause waived the company’ s responsibility to consider a
’’continuing” grievance, or one based on a series of repeated incidents, if presen
tation was not made within the specified time limit following the date on which
the situation or incident last occurred:
. . . The grievance shall be presented within 21 days of the alleged breach of the express
terms and conditions of this agreement. The company will not be required to consider any grievance
involving an alleged continuing situation or alleged series of repeated identical incidents which have
not been presented to the company within 21 days following the date on which the situation or in
cident last occurred.
(160)
The amount of time in which the aggrieved party was allowed to initiate
a grievance ordinarily ranged from 2 weeks to 2 months, but intervals as low
as 3 days and as high as 1 year were found:
If any employee has a grievance he or she shall within 3 days (Sundays and holidays excluded)
from the date the grievance arises proceed as follows:
The employee shall present his or her grievance to his or her immediate foreman and shop stew
ard if he or she so desires for settlement.
(161)
>!< >[<
A ll grievances except those involving terminations must be submitted within 1 year after the
date on which the action complained of occurred.
(162)
Exceptions to the regular initiation time limits were often specified for
discharge and discipline grievances. Here, more stringent time limits, usually
ranging from 1 day to 1 week, were found:
The union agrees the company shall assume no responsibility for and shall not be required to
consider any grievance unless the grievance shall have been presented . . . within 30 calendar days
after its alleged original occurrence, . . .
Grievances relating to the discharge or demotion of an employee shall be filed within 1 calendar
week following the effective date o f the action.
(163)
Some agreements exempted all grievances relating to errors in wage pay
ments from the initiation time limits:
Errors in application in rates of pay shall be subject to correction pursuant to this article re
gardless of the time lim it contained herein for filing a grievance.
(164)
Agreements often excluded Saturdays, Sundays, and holidays from time
limitations, or specified that only working days would be counted. Others merely
stated the number of days, without indicating whether nonworkdays were to be
excluded.
Less frequently, the number of ’’calendar days” was specified.
39
In computing the time for presenting, answering, or appealing a grievance in or to any step,
Saturdays, Sundays, and holidays shall not be counted as workdays.
Tim e limits may be extended
by written mutual agreement.
(165)
>!< *
$
Grievances not satisfactorily adjusted by the foreman or the immediate supervisor within 2
working days after presentation may then be referred in writing to the employee relations manager
within 3 working days from the time of the foreman's decision.
(166)
Any decision not appealed from a decision in one step to the next step within 7 calendar days
of such decision shall be considered settled on thie basis of the last decision and not subject to fur
ther appeal or reconsideration.
(167)
Time spent on vacation, sick leave, or leaves of absence was also ex
cluded from initiation time limits in some agreements; usually a limitation was
placed on this excluded time:
Each grievance shall be presented to the appropriate party hereinafter indicated for the initiation
of a grievance within 30 workdays after the occurrence of the grievance, or be deemed to have
been waived by the aggrieved partyj provided, however,
1. Such 30 workday period may be extended for a period not to exceed 10 workdays in cases
of vacations, sicknesses, and leaves of absencej or
2. If the grievance occurs when the employee aggrieved is absent from the plant due to va
cation, sickness, layoff, or leave of absence, such 30 workday period shall not com mence until the
employee returns to work.
(168)
Many agreements also made provision for extension of some or all time
limits by mutual consent of the parties to the agreement:
Either party, within the time limits specified, may request in writing an extension of not more
than 30 days. If such request is refused, such refusal or extension must be in writing and must be
delivered to the party requesting such extension 1 day prior to the expiration of the time lim it.
Otherwise, the time lim it w ill automatically be extended until 1 day after the written request is
received.
(169)
An example of an unusual protective extension of initiation time limit
where the complaint was suppressed by employer coercion follows:
No grievance or claim of violation of this agreement shall be recognized unless presented in
writing within 90 days from the date of the occurrence causing the complaint or grievance except in
cases where report of a grievance has been suppressed through coercion by the employer: (170)
Usually any grievance that was not filed within the initiation period was
considered dropped. Noncompliance with other time limits of the procedure re
sulted in settlement of the grievance in favor of the last party to act, or the
grievance was dropped, or, in some cases, the grievance was to be processed
at the next step:
Failure of any party to abide by the time limits set forth in this procedure shall make the po
sition of the last party abiding by these limits final and binding upon all parties.
(171)
'!< ♦
*
40
Failure o f the employee or the guild to proceed within any time lim it set forth in the procedure
hereinabove stated shall constitute a waiver o f the grievance, unless such time lim it has been ex
tended by the written consent of the company and the guild.
Failure of the company to act within the time lim it set forth in any step shall entitle the guild
to proceed to the next step.
(172)
i\i
*
*
Grievances or complaints not answered within the time limits prescribed in any step o f the griev
ance procedure shall thereupon progress to the next subsequent step o f such procedure. (173)
In some contracts, the same time limit on appeals or management an
swers applied throughout the entire grievance procedure. Where variations oc
curred, usually the time limits increased for the later steps of the procedure.
The
(a)
(b)
(c)
management w ill answer in writing any grievance presented to it in writing by the union:
_By the general foreman within 3 working days,
— By the labor relations supervisor within 7 working days,
— By the plant manager or his designated representative within 7 working days.
These time limits may be extended at any time by agreement between the corporation and the
union.
Hereafter, a grievance not appealed from an answer at one step o f the grievance procedure
within 5 working days after such answer, except that on appeal to the appeal board, the time lim it
shall be 30 days, shall be considered settled on the basis of the last answer and not subject to further
review but shall not prejudice the position o f either party with respect to a grievance involving the
same issue at another plant.
(174)
*
*
*
If a grievance has been taken up at any of the above steps a written answer shall be given
within 3 working days, and it shall be considered to have been satisfactorily settled unless appealed
to and discussed at the next higher step within the following time allowances:
From Step
To Step
Preliminary
First
First
Second
Second
Third
Third
Fourth
Maximum Time Allowance
2 working days after receipt
o f preliminary step answer.
2 working days after receipt
o f 1st step answer.
15 working days after re
ceipt of 2d step answer.
15 working days after re
ceipt o f 3d step answer.
If the grievance has not been settled after the above steps have been carried through by both
parties, either party may ask that the grievance be arbitrated.
(175)
Time limits in master agreements covering several plants were some
times to be determined by local negotiations. In some agreements, this applied
only to management's answers, while time limits for union appeals were specified:
Time limits for management answers at each step o f the grievance procedure will be established
by loca l neogtiation and reduced to writing, subject to the approval of the corporation and the inter
national union.
Any grievance not appealed from the decision of management at one step o f this procedure in
the plant within 7 working days o f such decision shall be considered settled on the basis of such
decision.
(176)
Overall time limits (from the time action took place to the decision) ranged
from less than 1 week to over 1 year. Periods of 1 week through 2 months, how
ever, were most common. Obviously, more complex multistep procedures involved
longer overall time limits than informal one- or two-step procedures. Among ex
ceptions to this were occasional agreements which granted from 6 months to a
year for initiation, but which limited processing to a few days or weeks.
41
In most formal procedures, the agreements established overall time
limits by specifying maximum time granted for each appeal and reply under each
step. Under informal procedures, as a rule, the contracts merely set time limits
for presentation of grievances and for final adjustment after presentation.
First step
The employee (or employees) involved and/or the department steward shall orally present the
grievance to the immediate supervisor within 3 working days after the occurrence of the basis for
the grievance if practicable. . . .
The supervisor shall make his decision known within 2 working days thereafter.
Second step
If the steward is not satisfied with the first step decision, a written statement o f the grievance
shall be delivered to the supervisor within 5 working days thereafter. . . .
Within 3 working days thereafter a meeting shall be held to resolve the grievance . . .
The department will answer the grievance in writing within 3 working days after such meet
ing. . . .
Third step
Failing satisfactory adjustment, the grievance shall be referred to the third step by the shop
committee chairman within 5 working days after receipt o f the second step answer.
Within 5 working days thereafter, a meeting shall be held between the union com mittee and
the company, at which the parties will endeavor to settle the grievance.
The company shall deliver an answer to the union within 5 working days after such meeting.
Additional tim e, not to exceed 15 working days, may be agreed upon for resolving the grievance.
The grievance shall be settled in favor o f the union if no answer is made within that time.
. . .
In the absence o f a written request for arbitration within 15 days after receipt by the union o f
the third step answer, the grievance shall be settled in accordance with the company's answer. (177)
>!« >!< >!<
Should a disagreement arise, . . . the aggrieved party must submit his grievance in writing
within 5 days after occurrence o f the event . . .
If the matter has not been settled within 10 days,
either party may request arbitration. . . . (178)
Written Records
Written presentation of the grievance at some stage of the grievance pro
cedure was indicated in most agreements.
Although a few required a written
submission at the first step of the procedure, most agreements required it at the
second step, while some specified another intermediate or the final step of the
procedure:
The aggrieved party must submit his grievance in writing within 5 days after occurrence o f the
event, with copies to be furnished to the union and/or the employer.
(179)
>!< >!< >\<
Discussion o f Request or Complaint
6. 2 Any, employee who believes that he has a justifiable request or complaint shall discuss the re
quest or complaint with his foreman; with or without the department grievance or assistant department
grievance committeeman being present, as he may elect, in an attempt to settle same.
A complaint which has not been settled within 2 days as a result of the discussion required by
subsection 6. 2 to be considered further, must be filed promptly in writing.
(180)
>!< >!< *
42
Before a grievance may be submitted for action in step 2 o f the grievance procedure set forth
herein, the grievance shall be reduced to a statement in writing and signed by a representative o f
the union on behalf o f the employee or employees, on a form provided by the union. (181)
Step 3.
No grievance or complaint shall be handled at this stage unless it has been presented
in writing, but the subject o f discussion may extend to related matters not specifically set forth in
the written statement. . . . (182)
*
*
*
3d step /F in a l/. Any grievance which shall be so appealed shall be presented in writing to the
personnel manager and shall be discussed at a conference between such personnel manager and/or
other representatives of the company and the union grievance com m ittee. (183)
Some agreements gave the grieving party the option of making the initial
presentation orally or in writing.
Others required that initial presentation of
certain types of grievances be in writing.
Each such grievance must be presented, orally or in writing, within 60 days from the date of
the last occurrence on which the grievance is based.
(184)
The employee or employees concerned, alone or accompanied by the loca l unit council repre
sentative, shall take up the grievance with his or their immediate supervisor, who shall render his
decision within 4 days. . . .
If the matter affects two employees or more who do not report to the same immediate super
visor, the grievance, written on a form to be supplied by the company and stating fully the facts
which constitute the basis of the complaint, may be presented by the union representative to the
management representative in level 2 as outlined on the company list. . . . (185)
>;< *
*
All complaints involving or concerning payment o f compensation shall be filed in writing.
(186)
Specifications for a written submittal ranged from a mere statement that
the complaint be submitted in writing, or that a statement of the grievance be
filed, to a request that all data concerning the issue be included.
An example
of the latter follows:
If it is decided to appeal the grievance to the second step, the zone committeeman shall reduce
the grievance to writing on a grievance form provided by the company. Such appeal shall set forth
the following:
(a) The serial number of the verbal grievance pass first issued in connection with grievance.
(b) A statement of the grievance clearly indicating the question raised.
(c) A statement o f the remedy or correction requested o f the company.
(d) A statement o f the facts in support of (b) and (c) above and reasons for appeal.
(e) The section or sections o f this agreement, if any, relied upon or claim ed to have been
violated.
(187)
Where written submittal was a requirement of the grievance procedure,
the company usually was to furnish the grievance forms to be used. The number
of copies to be made was also specified.
Second step
(1) If the steward is not satisfied with the first step decision, five copies of a written statement
o f the grievance shall be prepared on a form to be furnished by the company. . . .
43
GRIEVANCE FORM
Instructions: Prepared in five copies.
(See detailed instructions below .)
For use only by employees represented by^unionT7
DATE
DEPARTMENT
To: (SUPERVISOR)
The following grievance is submitted for consideration in accordance with the pro
visions of the second step of the grievance procedure:
SIGNED
SIGNED
EMPLOYEE
STEWARD
1. This form is to be used only after the grievance has been discussed with the
supervisor and no satisfactory settlement has been reached in the first step.
2. This form is to be prepared in five copies and delivered to the supervisor.
3. The supervisor shall indicate the time received on all copies and shall return
one copy immediately to the union steward.
4. After the second step meeting, the department's answer shall be placed on
the remaining four copies. Three copies shall be delivered to the chairman o f the
shop com mittee.
5. The chairman shall indicate the shop com m ittee's action on the three copies
and return two copies to the department, retaining the other one.
6. If the answer is accepted, the department shall forward the two signed copies
to labor relations. All three copies shall be forwarded if the grievance is referred
to the third step (one o f which shall be returned to the department after final settle
ment. )
RECEIVED:
DATE
TIME
SIGNED
NO.
SUPERVISOR
DEPARTMENT'S ANSWER (SECOND STEP):
SIGNED
DATE
DEPARTMENT HEAD
ACTION OF SHOP COMMITTEE:
I I A ccepted
Q
Referred to third step
SIGNED
DATE
CHAIRMAN
COMPANY'S ANSWER (THIRD STEP):
SIGNED
DATE
INDUSTRIAL RELATIONS MANAGER
ACCEPTED: (FOR THE UNION COMMITTEE)
DATE
(188)
Frequently no mention was made as to who was to write up the grievance
or whose signature was required. Some agreements made the writing of the griev
ance a responsibility of the employee while others specified the union represent
ative. In some cases only the employee’s signature was required and in others
both the employee's and the union representatives' signatures were required.
44
The loca l union representatives shall reduce the grievance to writing in quadruplicate on forms
provided by the company and the employee shall sign the same. . . . (189)
*
*
*
. . .
In reducing the grievance Xo writing, the employee shall state clearly and concisely all
facts which are the basis of the grievance, and if he claims that any articles o f this agreement are
involved he shall specify such articles. The grievance shall be dated and signed by the aggrieved
employee or employees.
(190)
»!< *
>!<
The steward shall confer with his chief steward in respect to the grievance and if the latter
concludes that the grievance is a just one, the chief steward, the steward, and the aggrieved employee
shall put the grievance in writing, setting forth all evidence. All three shall sign it, . . . (191)
Generally, where a written grievance was required the agreements also
specified that management’s reply was to be in writing. A few agreements re
quired a written answer only on request of either party.
Proper entries on the grievance form shall be made to indicate the disposition o f the issue at
each step, which entries shall be initialed by representatives o f the union and the company.
(192)
>!«
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s;<
A steward who submits a written grievance to his foreman shall receive, upon request, a written
reply. . . .
Upon request, local management w ill give the loca l a written reply. (193)
Joint minutes of some or all steps of the procedure were required in
some agreements. The items to be included were often indicated:
Minutes o f all step 2 and 3 grievance meetings shall be prepared by the company, jointly
signed by the representative of management, the chairman or secretary o f the grievance committee,
and, if agreed to locally, by the international representative o f the union, and two copies o f such
minutes shall be furnished the grievance com mittee not later than 10 days following the date on
which the meeting was held. Minutes shall be typed and shall conform essentially to the following
outline:
a.
b.
c.
d.
e.
f.
g.
h.
Date and place of meeting.
Names and positions o f those present.
Identifying number and description o f each grievance discussed.
Brief statement of union position.
Brief statement of company position.
Abstract o f important aspects o f the discussion.
Decision reached.
Statement o f exceptions to, concurrence in, or rejection o f decision.
(194)
Witnesses and Evidence
Provisions foV witnesses were incorporated in some agreements. Included
were clauses which imposed restrictions on the number of witnesses, on the steps
at which the witnesses were permitted, and on qualifications of witnesses. Other
clauses contained no restrictions.
In any step of the grievance procedure, either party may call in such witnesses as it feels may
be necessary to secure all the facts in the case. (195)
* * *
45
The union or the company may call witnesses not directly involved in grievance but who have
knowledge of facts concerning the grievance to a maximum of three, unless it is mutually agreed
to enlarge the number o f men.
(196)
s[c
It is agreed that the union bargaining committee shall have the right to call in any outside
union representatives at step 3, step 4 or arbitration meeting, and the company may call in any
outside representatives it desires to attend such meetings.
Either party may have present at any
step 3, step 4 or arbitration meeting not more than one witness at any time. (197)
*
*
*
. . . The aggrieved employee or employees may be present for the presentation of his or their
particular grievance, if he or they so elect, together with other individuals who may be agreed upon
by the parties as necessary to the proper consideration o f the grievance. . . . (198)
>|s
>}c
>[c
Step 4.
The president o f the company or his representative and the president o f the interna
tional union or his representative.
Both persons shall have the right to bring such persons to the
conference as they deem appropriate.
(199)
To preserve the informal nonlegal atmosphere of grievance discussions,
agreements generally did not include rules on the use or qualifications of evidence.
Either party to this agreement shall be permitted to call in as witnesses employees covered by
this contract and submit evidence at any of the above conferences or at any step in the settlement
o f the grievance, for the purpose o f substantiating the grievance.
(200)
Where mention of evidence was made, it was usually in regard to the rights and
duties of the union representative (discussed in another section of this report) in
collecting evidence for processing the grievance.
Time of Presentation
Agreements generally indicated that grievances were to be presented and
discussed during regular hours of work. In many agreements, such stipulation
was implied in provisions relating to pay for grievance time.
Should any employee covered by this agreement believe he or she has been unjustly dealt with,
or that the provisions o f this agreement have been violated, the employee shall within 5 days of
the incident take the following steps, with no loss of pay, in resolving the problem: (201)
>!«
>;<
The laboratories shall pay for time spent which appears reasonable in processing, investigating
and settling grievances through the fourth step of the grievance procedure, and the union agrees not
to abuse or misuse the privilege. For all purposes and intent, the above reference to investigating
grievance shall be lim ited to 10 minutes.
(202)
The following is an example of a clause with explicit provisions for pro
cessing grievances during working hours.
A ll grievance meetings shall be held during regular working hours. If, by mutual consent, such
meetings extend beyond the regular working hours, they shall be paid for at time and one-half.
(203)
Some of the agreements qualified such provisions by specifying that griev
ance time was not to interfere with production:
46
When a grievance arises, the aggrieved employee with or without his steward shall contact his
foreman and discuss settlement of the grievance. Grievances in the first step shall be handled dur
ing working hours and shall be at an appropriate time not to interfere with the production of the
department.
(204)
A few agreements stated that grievance negotiations were to be outside
of regular working hours but generally made allowance to handle grievances during
working hours under special conditions.
An emergency grievance &hall be defined as one which, in the opinion o f the company, if post
poned, would result in serious and irreparable loss to the company or to its employees. All other
grievances shall be discussed by departmental stewards or members o f the grievance board with repre
sentatives o f the company before or after their regular working hours.
(205)
>!<
sjc
>!<
In the absence o f authorization to the contrary, grievances are to be presented and considered
outside o f working hours. It is understood, however, that where reasonable and where possible with
out undue loss of productive time and interference with operations, authority w ill be extended to
present grievances within working hours.
(206)
Status of the Employee During the Grievance Process
Provisions defining the conditions that should exist during the processing
of a grievance were found in a number of agreements. In addition to a general
no-strike pledge, some agreements included specific instructions to the aggrieved
employee to remain at work:
The employer w ill not be required to consider or adjust any grievance during the term o f this
agreement unless the employee(s) remains at work pending the adjustment o f the grievance in ac
cordance with the provisions o f this agreement.
(207)
Frequently, the contract provision stated the employee was to continue
to work under conditions existing at the time the grievance was initiated. Whether
or not the employee would be working under the aggrieved condition during the
processing of the grievance would depend upon whether the grievance was filed
on a proposed action, or the condition was already in operation:
In the event of a dispute or difference, the parties hereto shall continue to transact and carry
on their business in the same manner as at the time o f the raising o f the question or questions in
dispute until a settlement is reached through the grievance or arbitration procedure provided in this
article.
(208)
*
*
*
Working and other conditions prevailing immediately prior to the raising o f the question to be
decided by the joint industrial council, shall be preserved unchanged until a decision has been
rendered.
(209)
'
The following is an example of a clause specifically directing that the
employee abide by the disputed order until a settlement is reached:
When an employee feels aggrieved because of an order and thus becomes a grievant, he shall
nevertheless obey the order unless and until it is overruled by the disposition made of the grievance;
provided it does not involve serious danger to life or limb.
(210)
47
Other agreements specified that any order which the aggrieved party
claimed was a violation of the agreement could be set aside until the issue was
settled, as in the following:
In the event any practice is instituted which the union or company claims is in violation of
this agreement, either party may invoke status quo.
In such event status quo shall be preserved
until a final determination is made in the grievance procedure as to whether or not the practice
is in violation of this agreement.
(211)
The aggrieved employee's status during the processing of a discipline
grievance was often defined in the agreement. Generally, the employee, at the
discretion of the employer, could be suspended from work, with provision, in
most cases, for reimbursement for wages and benefits lost if exonerated:
Employees who are disciplined shall be entitled to a fair and impartial investigation thereafter
pursuant to the grievance procedure hereinafter provided. Nothing in this article will be construed
as to prevent company from holding an employee out o f service pending investigation. . . .
If the employee shall be exonerated, he shall be returned to service with seniority rights unim
paired and with no notation against his personal record, and shall be paid at the rate pertaining to his
class of service for all time lost, based on his working schedule, pending investigation. . . .
(212)
Although where discharge was an issue the agreements generally pro
vided for appeal after dismissal, a few prohibited severance of the employee from
the payroll until final determination of the issue under the grievance procedure,
unless the company and union agreed to the discharge.
No employee may be severed from the payroll until there is an agreement between the company
and the union, or, in the event o f disagreement, until a final determination is made in the griev
ance procedure. The union agrees to process any grievance relating to discharge with all possible
speed, and in any event within time limits specified in the grievance procedure. (213)
Status of Grievances Arising Prior to or^Based on Events Prior to Effective Date
of the Contract
Usually a contract related the grievance machinery only to disputes that
arose during the term of the contract, although some contracts provided for the
handling of grievances which were in process on, or based on events prior to,
the effective date of the contract. In some agreements, both pending grievances
and grievances based on prior events were subject to the grievance process, while
in others only one or the other qualified:
Any grievance filed on or after the effective date o f this agreement which is based on the
occurrence or nonoccurrence o f an event which arose prior to the effective date o f this agreement
must be processed in accordance with the grievance and arbitration procedures o f this agreement.
Such grievance shall be settled in accordance with the applicable provisions of the preceding agree
ment for the period prior to the effective date of this agreement and for any period thereafter in
accordance with the applicable provisions o f this agreement. (214)
*
*
*
No grievance, the basis of which occurred prior to the date o f the execution o f this agreement,
shall be considered nor subject to adjustment, except those grievances currently pending in the pro
cess o f adjustment.
(215)
*
*
*
48
. . . any proper grievance which, as of the effective date of this agreement, has been pre
sented 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 procedure of this agree
ment and settled in accordance with the applicable processes of the applicable agreement for the
applicable period of the applicable agreement, and for any period thereafter in accordance with the
applicable provisions of this agreement. (216)
>!< $
*
No grievances may be processed under this article unless the situation complained of continues
to exist or occurs after the effective date of this contract and the grievance is first presented in
writing as provided in this article after the effective date of this contract. Grievances which arose
under the prior contract may be processed only in accordance with specific procedures separately
established for such purpose by the company and the union. (217)
A variation, included in a printing agreement, provided for the handling
of disputes, after the expiration of that agreement, which arose prior to its
expiration:
. . . However, it is understood and agreed that notwithstanding the expiration of this agree
ment, the provisions hereof and the procedures herein provided shall remain in effect with respect
to all disputes, controversies, claims, complaints and grievances which shall have arisen, prior to
such expiration, under the shop rules and wage scales contract or under this agreement. (218)
Where the agreements simply stated that complaints arising during the
term of the contract would be processed as grievances, it was not clear whether
grievances unsettled at the expiration of the contract, and grievances based on
prior events would qualify.
A few agreements specifically excluded the latter
in the following manner:
The company and the union mutually agree that grievances of every nature which may have
arisen on either side prior to the effective date of this agreement are hereby withdrawn.
(219)
Special Grievance Procedures
For purposes of this study, grievance procedures which deviated from
the regular procedure by skipping or adding steps, providing special time limits
or special representatives, as well as completely separate procedures, were
classified as special grievance procedures.
Provisions for the use of a special grievance procedure were found in
over half of the 416 agreements studied in detail.
The major reasons for the
employment of special procedures were to expedite the handling of issues that
required immediate attention, to handle grievances of a general nature that did
not require the participation of lower step representatives, or to provide tech
nical assistance for issues which could not be handled by the regular grievance
r ep r e s entative s .
Many agreements provided more than one special procedure for differ
ent issues.
The issue most frequently found to require a special procedure
(113 agreements) was discharge and/or discipline. Other issues were companyunion grievances (77 agreements), plantwide-areawide grievances (32), safety and
health (14), incentives (8), job evaluation (8), hiring (8), issues requiring tech
nical assistance (7), benefit plans (6), 8 and a variety of other special problem
areas.
8 Does not include procedures set forth in separate documents (i. e . , benefit plan booklets).
49
The special procedure most commonly found called for skipping some of
the regular steps. This accelerated procedure was predominately used for matters
that required urgent attention, such as discharge, safety and health, and companyunion grievances.
Skipping of steps applied to the initiation of grievances at a
higher level, to intermediate steps, and to final steps, in order to refer the
disputes directly to arbitration.
Additional steps in the grievance procedure were sometimes provided
where technical assistance or top level negotiations were involved. Shorter time
limits were frequently set for the initiation of grievances involving certain issues;
a few agreements extended this time. A limited number extended the time limits
for other steps of the procedure. Only 1 of the 416 agreements examined specified
shorter time limits for processing after initiation, and this involved discharge
cases only. However, under the agreements which required initiation of certain
issues at higher levels, or bypassing of other steps, the overall time limits for
processing such grievances were, of course, tightened.
Completely separate procedures, where all the representatives and all
the steps were different, were found only in agreements which included detailed
benefit plans, and applied only to those plans.
Discharge grievances were to be initiated at higher levels, within shorter
time limits, in a substantial number of agreements; intermediate steps were often
bypassed.
Grievances regarding unjust or discriminatory dismissals or grievances concerning layoffs due to
reduction in working force shall be initiated in step three o f the grievance procedure and must
be filed in writing within 5 working days o f the dismissal or layoff.
(220)
*
>.'< *
Any employee who has completed his probationary period and feels that he has been unjustly
laid o ff or terminated, shall make written complaint to the labor relations manager within 72 hours
o f the layoff or termination, Saturday, Sunday and holidays excluded, or days the plant is not in
operation.
This time may be extended for justifiable reasons.
The first step in handling such
cases shall be that o f a meeting between the labor relations manager and the employee, or his
union representative. If not settled in such meeting, it shall be taken up in the regular grievance
procedure, starting with step 5.
Should it be determined that the layoff or termination was an
unjust one, the employee shall be reinstated with back pay for all time lost at his past average
earnings.
(221)
Disputes over other issues requiring immediate action, such as safety
and health, incentives, new or changed rules, and checkoff, were usually to be
expedited by initiation at higher levels, and also in some instances, by skipping
other steps.
An employee or group of employees who believe that they are being required to work under
conditions which are unsafe or unhealthy beyond the normal hazard inherent in the operation in ques tion shall have the right to:
a.
File a grievance in the third step o f the grievance procedure for preferred handling in such
procedure and arbitration; (222)
*
*
*
If a dispute arises in connection with the application of this section /ch eck off? and a settlement
is not reached between the labor relations department of the company and the union, such dispute
shall be referred to arbitration, without pursuing intervening steps in the grievance procedure. (223)
>!;
>|<
ijr
50
Disputes over new or changed rules and regulations shall be subject to the grievance procedure
and such grievance may be initiated at the third step.
(224)
ij<
)\i
The local union w ill not present and the company w ill not consider grievances as to incentive
standards unless presented in accordance with step 2 hereof within 7 scheduled working days from
the date the decision on recheck is recorded in the departmental rate book or other grievances un
less so presented within 40 calendar days from the happening o f the event out of which the griev
ance arose.
(225)
Under some agreements, company and union grievances of a general
nature, which affect a large number of employees or more than one plant, or
involve policy or interpretation of the agreement, were to be initiated at a higher
level. The grieving party occasionally was permitted to determine the initiating
step.
Grievances by the company, and grievances o f a general nature by the union, shall be initiated
in step 4 by a written statement thereof served by the aggrieved party upon the other. (226)
sjc
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5j<
In the event the company should have a grievance against any employee or the union, or any
officer thereof, the same shall be initially considered in step III hereof.
(227)
>!< >:< >;<
•
Controversies may arise o f a nature so general as directly to affect a large number o f the em
ployees o f a local plant. It is agreed that issues o f this nature need not be subjected to the entire
grievance procedure but may be initiated by either party at a step, prior to the impartial umpire,
deemed appropriate by the party bringing the grievance.
(228)
*
*
*
In the event the international union regards a grievance to be of sufficient importance, such
grievance may be instituted and processed by the international union without the necessity of following
any o f the outlined steps but the international union may process the matter directly with the director
o f labor relations of the employer.
(229)
>|c
*
Any grievance initiated or carried to step 3 shall be reduced to writing. Grievances involv
ing only one store shall be introduced only at steps 1 or 2, while grievances involving more than
one store may be introduced at any step.
All grievances shall be investigated and answered
promptly.
(230)
* * *
The company shall have the right to utilize the following procedure upon any grievance against
the union: (1) Presentation of the grievance in writing to the president o f the union, (2) If no
satisfactory adjustment is obtained within 15 days, then the company may refer the matter to arbitra
tion in accordance with the provisions o f article------hereof. . . .
A grievance other than that filed by an employee (i. e . ,
the union at the appropriate step o f the grievance procedure.
a policy grievance) may be filed by
(231)
All grievances or disputes involving any controversy, complaint, dispute or misunderstanding
arising as to the meaning, application or observance o f any provisions o f this agreement shall be
handled in the manner hereinafter set forth. It is understood that any controversy, complaint, dis
pute or misunderstanding not relating to the meaning or application or observance o f any provisions
o f this agreement may also be the subject o f a grievance but shall notbe the subject o f arbitra
tion. It is agreed that all matters pertaining to the interpretation o f this agreement must be referred
directly to the joint com mittee /Tinal step7, provided that if a grievance has not been filed the
matter shall not be the subject o f arbitration until a grievance is filed.
(232)
51
Mutual consent of the parties was occasionally required for bypassing of
steps, as in the following:
Any issue o f extreme urgency involving the interpretation and/or the application o f any terms
o f this agreement may be initiated by either party directly with the other party. By mutual consent
steps 1, 2, 3, and 4 of the grievance procedure may be waived and the grievance heard at step 5.
Upon failure o f the parties to agree with respect to the correct interpretation and/or application of
the agreement to the issue, it may then be appealed directly to arbitration as provided in step 6 of
the grievance procedure.
(233)
Where both multiplant and local agreements were involved, an additional
step was sometimes provided for unsettled disputes involving interpretation and
application of the master agreement.
This permitted negotiation by top level
management and union officials, as illustrated in the following clause:
ECONOMIC AGREEMENT GRIEVANCE STEP
When a grievance which involves the application or interpretation o f a clause o f the National
Economic Agreement has exhausted local union grievance procedures, an additional step o f the
grievance procedure may be involved at the option o f the director o f the UAW American Motors
Department or his designated representative, who may give written notice to the corporation's vice
president, responsible for industrial relations.
(234)
Disputes involving technical issues were frequently to be submitted to a
special committee or individual for review, or to an impartial agency for study
before final determination. Usually a union representative was to participate in
the study.
Grievances involving questions of applications under job evaluation shall be processed as follows:
a.
b.
Through step 3 of the grievance procedure.
If not settled in step 3, shall then be referred to the job evaluation review com mittee.
(235)
sje >;< *
It is recognized that changing conditions and circumstances may from time to time require the
installation of new wage rates, adjustment of existing wage rates, or m odification of wage plans
because o f the creation o f new jobs, development of new manufacturing processes, changes in equip
ment, changes in the content of jobs . . .
By mutual agreement the parties, at any time, can adjust the length of trial periods or the
trial rates in question.
If a dispute develops, the employer may select an agency to conduct a time study.
Copies
o f the findings shall be furnished to the union.
During the conduct of such time study the union
may have an observer present and participating in such study.
(236)
As indicated earlier, this analysis of grievance procedures for benefit
plan disputes was limited to those included in the basic agreements.
Disputes
settlement procedures are frequently set forth in separate documents; an analysis
of these procedures will be included in subsequent bulletins on benefit plans.
Two types of procedures were found in the six agreements which in
cluded in the basic agreement special provision for settlement of benefit plan dis
putes. In one type, provision was made for an entirely separate procedure, the
personnel to differ from those involved in the regular grievance procedure.
In the other type, disputes were handled by initiation of the grievance at an
intermediate step of the regular grievance procedure, as in the following:
Disputes arising from the application of supplemental unemployment benefits shall be initiated
at the fourth step o f the grievance procedure.
(237)
52
Mediation of Grievance Disputes
Settlement of grievance disputes through nonbinding mediation by an out
side agency was provided in 45, or 2.6 percent, of the 1,717 major agreements
in this study, the 45 agreements covering 84,700 workers, or 1. 1 percent of all
workers covered by the 1,717 agreements.
Under these 45 agreements, any
decision of the mediator was binding only upon mutual acceptance by the employer
and the union. (See table 2.)
Multiemployer agreements accounted for only 6 of the 45 agreements.
Twenty-seven unions were signatory to agreements with mediation provisions;
except for the Auto Workers with six agreements and the IBEW with four agree
ments, no union had more than two major agreements with mediation provisions.
Michigan, New York, California, and New Jersey accounted for 23 of
the 45 agreements with mediation provisions.
Michigan ranked highest with 10
agreements.
All 45 agreements indicated the method of submitting a grievance to medi
ation. The following clauses illustrate provisions, found in 23 agreements, allowing
either party to submit an unsettled dispute to mediation:
In the event the grievance cannot be adjusted between the company and the union, then, either
party may call upon the services of the Federal Mediation and Conciliation Service. It is, however,
understood that the findings of the Federal Mediation and Conciliation Service are not binding on
either party to the contract.
(238)
>|C
In the event no agreement is reached in the com pliance com m ittee, either party may file an
assistance notice with the State Labor Conciliator before referring the matter to arbitration.
If the State Labor Conciliator is not able to bring about a satisfactory settlement o f the dispute
concerning a grievance within 10 days after formal notice, then either the employer or the union
shall refer the matter in dispute to a board o f arbitration. . . . (239)
Mediation was a fixed step in the grievance process in 16 of the 45 agree
ments;
Step 4. If all previous steps fail in reaching a satisfactory settlement, the grievance shall be
presented to the State Board o f Mediation and Arbitration o f the State o f Connecticut for settle
ment by mediation.
(240)
In a few contracts, automatic submission to mediation did not extend to
all unsettled grievances. For instance, in the following clauses mediation could
be waived on grievances involving interpretation of the agreement:
. . . Should agreement not be reached thereby, the grievance w ill be referred to the Federal
Mediation and Conciliation Service for mediation, but should the grievance involve interpretation
of the contract, then either party may submit the matter to arbitration . . . (241)
Submission of a dispute to mediation required mutual agreement of union
and management in six agreements:
53
Table 2. Provisions for Mediation o f Grievances in Major Collective Bargaining Agreements, by Industry, 1961—62
(W orkers in thousands)
Number ^with p ro visi on s
Industry
A g re e
ments
Method of subm ission to m ediation
By eitht:r party
Workers
A g re e
ments
Workers
Automatic
A g re e
ments
By mutual consent
W orkers
A g re e
ments
W orkers
A ll in d u stries--------------------------------------------------------------
45
84. 7
23
45. 2
16
29. 0
6
10. 5
Manufacturing _________________________________
36
69. 2
20
41.4
12
21. 6
4
6. 2
1
3
1
-
1.0
5. 6
2. 0
-
1
1
1
-
1.0
1. 1
2. 0
-
_
_
_
_
2
-
4. 5
-
-
-
2
2
1
3. 8
3. 0
1.2
-
-
2
2
1
3. 8
3. 0
1.2
-
-
-
4. 3
2
-
2. 8
1
1.5
-
-
3
-
-
-
-
-
-
-
-
1
4
6
4
3. 0
9.4
8. 8
6. 6
2
4
l2
6.4
5. 1
4. 5
1
1
2
3. 0
2. 5
2. 1
2
1
-
3.0
1.2
-
4
4
-
11. 1
9. 5
-
4
3
-
11. 1
7. 5
-
-
-
1
-
2. 0
-
Ordnance and a cces s ories -----------------------------------------Food and kindred p rod u cts-----------------------------------------T obacco manufactures -----------------------------------------------Textile m ill p ro d u cts-------------------------------------------------Apparel and other finished products -------------------------Lumber and wood products, except
furniture ------------------------------------------------------------------Furniture and fixtures -----------------------------------------------Paper and allied p rod u cts ------------------------------------------Printing, publishing, and allied
industries -----------------------------------------------------------------Chemicals and allied p r o d u c ts -----------------------------------Petroleum refining and related
in d u stries-----------------------------------------------------------------Rubber and m iscellaneous plastics
p ro d u cts -------------------------------------------------------------------Leather and leather products ------------------------------------Stone, clay, and glass p ro d u cts --------------------------------P rim ary m etal in d u stries------------------------------------------Fabricated metal p rod u cts-----------------------------------------M achinery, except electrical -----------------------------------E lectrical m achinery, equipment, and
supplies -------------------------------------------------------------------Transportation equipm ent------------------------------------------Instruments and related p r o d u c ts ------------------------------M iscellaneous manufacturing
in d u stries-----------------------------------------------------------------Nonmanufacturing --------------------------------------------Mining, crude petroleum , and
natural gas p rodu ction --------------------------------------------Transportation1
2 ---------------------------------------------------------Communications --------------------------------------------------------Utilities: E lectric and gas ----------------------------------------Wholesale tr a d e ----------------------------------------------------------Retail trade ----------------------------------------------------------------Hotels and restaurants-----------------------------------------------Services -— -____ -------- ------—------ ----------- -------------------Construction --------------------------------------------------------------M iscellaneous nonmanufacturing
in d u stries------------------------------------------------------------------
-
-
-
-
-
-
-
-
9
15. 5
3
3. 8
4
7. 4
2
4. 3
-
10. 1
1.4
4. 4
-
6
3
-
-
1
-
-
-
-
-
-
-
1
1
1
1.2
3. 0
1.3
1
1
1.2
1.3
1
-
3. 0
-
"
"
"
“
1 1 agreem ent specified union subm ission only.
2 Excludes railroad and airline industries and government.
NOTE:
B e c a u s e o f rou n d in g ,
-
s u m s o f i n d iv i d u a l i t e m s m a y n o t e q u a l t o t a l s .
-
-
-
2
-
4. 3
"
"
-
-
54
. . . If the matter remains unsettled . . . it shall then be submitted to arbitration . . . (How
ever, in any instance, by mutual agreement the matter may be referred to mediation prior to pro
ceeding to arbitration).
(242)
All but 5 of the 45 agreements specified either the agency that would
select the mediator (2 agreements) or the agency that would mediate the dis
pute (38).
In some contracts, alternate agencies were specified; both are in
cluded in the following tabulation:
Mediation agent specified
Federal Mediation and Conciliation Service-------------------------State conciliation agencies -------------------------------------------------UoS. Department of L a b o r ----------------------------------------------------Joint union-management committee selects-------------------------Not sp e cifie d ------------------------------------------------------------------------
Number of
agreements
31
11
3
2
5
Mediation was the final step in processing grievances in 10 of the
45 agreements. The other 35 agreements provided for arbitration of grievances
not settled through mediation.
Two of the 35 agreements, however, specified
arbitration by mutual consent only.
An absolute ban on strikes was found in 23 of the 45 agreements with
mediation; all but 3 of the 23 had provision for arbitration. Nineteen of the re
maining 22 agreements banned strikes over issues subject to grievance until the
grievance procedure, including mediation and arbitration where applicable, was
exhausted; provision for arbitration was made in all but 6 of the 19 agreements.
Under 2 of the 19 agreements the strike ban was waived if either party violated
the grievance-arbitration provisions of the agreements.
Three agreements made no mention of strikes or lockouts; one of these
did not provide for arbitration.
Grievance Decisions
Settlements arrived at jointly by labor and management at any step in
the grievance procedure were generally final and binding on the parties concerned:
When a settlement is arrived at, at any stage o f the grievance procedure, such a settlement
shall be final and binding.
(243)
*
*
*
A decision rendered by the appropriate persons in any step of the grievance procedure shall be
final and binding on the parties to the grievance.
(244)
>!< >[<
Where a joint committee by a majority vote settles a dispute no appeal may be taken.
a decision w ill be final and binding on both parties.
(245)
Such
Some agreements stipulated whether decisions were applicable to similar
cases, or only to the case in dispute:
55
A final decision made with respect to any grievances in steps 1 through 4 (prior to disposition
by arbitration) shall apply to that grievance only and shall not becom e a binding precedent in the
case o f any other grievance nor a precedent which shall bind the parties as an interpretation of this
agreement.
(246)
Group Grievances.
To avoid the filling o f multiple grievances by persons with identical claims, the management
representatives may agree in writing that the settlement of a single grievance will apply to all em
ployees with identical claims.
Unless such agreement is made, grievance settlements do not have
general application.
(247)
M any a g r e e m e n ts p ro vid ed that a g r ie v a n c e w ould be c o n sid e r e d s e ttle d
u n le ss it was app ea led w ithin s p e c ifie d tim e lim it s .
Failure o f a party initiating a grievance to proceed with the grievance within any o f the time
limits specified in this agreement shall render the grievance void or settled on the basis of the last
decision given by the other party.
(248)
5[c
If, at the end o f any step, no appeal is taken by the union within 15 days, the answer made
by the company at that step is final and binding.
(249)
>!' -!<
A written decision at any step of the grievance procedure shall be considered as final unless
the grievance is taken to the next step within 15 working days thereafter.
(250)
The agreement o f the parties hereto at any step in the grievance procedure shall be deemed
the resolution o f the grievance.
Failure on the part of either party to respond to a grievance within the time limits established
by this article, will resolve the grievance against the party failing to so respond. Such resolution,
however, shall not establish a precedent for similar grievances.
(251)
C o n tra cts often p ro vid ed fo r r e tr o a c tiv ity of a d ju stm en ts
the g rie v a n c e p r o c e s s :
rea ch ed during
In case o f any back pay awards by the decision o f third-step grievance procedure or the arbitrator,
the employee shall be paid promptly any money he would have earned at his basic rate in his
department; less earnings he may have made elsewhere.
(252)
Awards or settlement of grievances may or may not be retroactive as the equities of such case
may determine, subject, however, to the limitations of paragraph 54.
54.
Grievances shall be taken up promptly and within 60 days after the date o f the occurrence
thereof.
In the event the grievance is entered after the 6 0 -day period has expired, it
w ill still be handled as above provided, except th?t retroactivity shall be lim ited to the
date on which the grievance was first taken up in writing.
(253)
No wage claim shall be valid for a period or more than 30 days prior to the date o f filing
the grievance.
Any claim or award for back wages under this agreement shall be less any unemployment or other
compensation for personal services received from any source during the period, in question.
(254)
Any retroactivity that may be involved in any grievance and/or complaint shall be mutually
agreed upon by the company and the union. (255)
56
Unsettled Grievance Disputes
All but 88 of the 1,697 agreements with grievance procedures provided
for the arbitration of unsettled disputes. The scope of arbitration provisions will
be discussed in a subsequent bulletin. In the 88 agreements, which in total cov
ered 215,550 workers, the formal procedures for settling grievance disputes were
either exhausted at the last step in the grievance procedure, or, as in 10 agree
ments, with an attempt at nonbinding mediation. It is important to note that, at
the exhaustion of the grievance machinery, the employer's action prevails (i. e.,
the grievance is denied1) unless another recourse is available to the union.
Sixty-two of the 88 agreements explicitly allowed strike action failing
settlement upon exhaustion of the grievance procedure:
Section 5— (a)— The company will give the union a written answer to any grievance in the last
step of the grievance procedure.
Section 6— If such grievance is not satisfactorily settled within 3 days after the meeting between
the union's representatives and the corporations representatives herein provided for in section 5, then
the grievance procedure w ill be considered as having been exhausted, and the international union and
local union may authorize and declare a strike. (256)
An absolute ban on strikes during the term of the agreement was in
corporated into nine agreements, with a total coverage of 16, 100 workers. The
largest of these agreements tempered the no-strike ban by allowing cancellation
of the agreement if any violation or annulment of work rules occurred, if the
employer sublet or transferred work without union approval, or if he employed
workmen in any manner inconsistent with the provisions of the agreement.
The remaining 17 agreements neither banned strikes nor explicitly per
mitted them, presumably implicitly opening the possibility of strike action.
Five industries— tobacco, lumber and wood products, primary metals,
transportation equipment, and construction--- accounted for over two-thirds of the
agreements without provision for arbitration. Twenty-three of the 88 agreements
were negotiated by the Auto Workers. Among the various other signatory unions,
but to a much lesser extent, were the Tobacco Workers, Electrical Workers
(IBEW), Carpenters, Woodworkers, and Teamsters. One agreement was nego
tiated by the Steelworkers.
Fifty-six of the 88 agreements specified that all grievances could be
processed; the remaining 32 limited the issues to disputes over interpretation,
application, or violation of the agreements. None of the agreements listed specific
issues which were to be excluded.
Appendixes
In order to illustrate how the various parts of the grievance clause fit together,
the pertinent sections from four major agreements are reproduced in their entirety in ap
pendix A .
Appendix B presents grievance procedures found in 10 small situations (agree
ments covering fewer than 150 employees).
Each clause reproduced in the body of this
bulletin is identified by company and union in appendix C.
57
Appendix A
Selected Grievance Procedures Reproduced in Full
From the agreement between
A L U MI N U M C OMPANY OF A MERI CA AND
A LU MI N U M WORKERS I N T E R N A T I O N A L UNION
(expires May 196 5)
Procedure for Handling Grievances
Section 23.
Grievance Procedure *1
Should an employee (or former employee within 10 working days of his dism issal,
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 r e
garding interpretation or operation of any provision of this agreement.
1.
Such grievance shall first be taken up with the employee's immediate superior, except
in such cases where one or more departments of a plant are involved, in which cases
the matter may be taken up first with the proper foreman, department head, or super
intendent. Failing satisfactory settlement within 2 days after the final hearing at this
step,
2.
The grievance may then be appealed to the nex;t higher ranking local representative
of the company. Failing satisfactory settlement within 3 days after the final hearing
at this step,
3.
The grievance may then be appealed to the highest ranking local representative d es
ignated by the company who shall give his answer within 7 days.
4.
Should such highest ranking local representative of the company and the union fail to
agree, the grievance in writing may be appealed to the president or other general ex
ecutive of the company with the object of reaching a satisfactory settlement.
If r e
quested by union, the president or other general executive of the company shall a r
range a conference with the union and may, subsequent to such conference call such
hearings, if any, as he may deem necessary or desirable.
All requests for hearings with such local representatives of the company shall be
granted as soon as possible, and in no event later than the following (unless further time is
mutually agreed upon):
First step,
2 days after first presented.
Second step,
3 days after appeal from first step.
Third step,
5 days after appeal from second step.
All grievances appealed beyond the first step shall be reduced to writing by the
union and all answers thereto by the company beyond the first step shall be in writing.
All such local plant conferences between any employee and his union representative
or representatives and the local plant management, which must be held at the local plant
during his or their regular working hours, shall be without loss of time to any such em
ployees, provided that not more than two such employees from any one department shall thus
leave their work at any one time.
The local union and local management may agree to such modifications of the first
three steps of the grievance as may be appropriate for local conditions.
58
59
Section 24.
Limitations
No wage claim shall be allowed retroactively prior to the date the grievance thereon
is presented unless it was not reasonably possible for the claimant to know he had grounds
for such claim and in such case shall not be valid for any period greater than 30 days prior
to the date the grievance is presented.
If a grievance is not appealed within 1 week from the date a written reply is r e
ceived at any step, back pay will not accumulate for the time elapsing between the end of
such week and the time the appeal is made.
A retroactive date may or may not be fixed within these limitations.
Section 25.
Access to Plants1
An international representative of the union shall be granted access to the plants of
the company for the purpose of investigating grievances which are being considered by the
union and the company at the third or fourth step of the grievance procedure provided such
investigations do not conflict with any government regulations and are in accordance with
general rules agreed upon by the company and the union.
From the agreement between
G E N E R A L E L E C T R I C COMPANY AND
I N T E R N A T I O N A L UNI ON OF E L E C T R I C A L ,
RADI O AND MACHI NE WORKERS
(expi res 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.
2.
Steps.
Grievances other than those of a general nature may be processed only
by recourse to the following successive steps:
(a) Step 1 (foreman level)
(1) Within a reasonable time after the occurrence or knowledge of the situation, condi
tion, or action of management giving rise to the grievance, the employee affected
thereby or his steward may present the grievance to the employee's foreman or
other immediate supervisor. (If presented by the employee, he may also have his
steward present. )
(2) Within 1 working day after such presentation, such foreman or other immediate
supervisor shall give to such employee and steward his decision with respect to
such grievance, or shall advise them that additional time for such decision is
needed, in which event he shall give them such decision within 1 week thereafter.
(3) A steward who submits a written grievance to his foreman shall receive,
request, a written reply.
upon
(4) If a settlement is not reached between the steward and his immediate supervisor,
the local may refer the grievance to two representatives of the local for discussion
in the department with representatives of local management for settlement, if
possible.
60
(b) Step 2 (management level)
(1) If a settlement is not reached at step 1, the designated local official may present
to a representative designated by local management, a written statement of such
grievance giving all pertinent information relative to the grievance and indicating
the relief requested.
(2) Meetings between representatives of the local and local management shall be a r
ranged at mutually agreeable times for the purpose of discussing such grievance.
In those cases where it is mutually agreed by management and local representa
tives that an inspection of the job would be helpful in settling the case, a sub
committee of the local with management representatives shall be allowed to make
an inspection of the job. Local representatives may include the business agent or
his assistant or officers of the local.
(3) Upon request, local management will give the local a written reply.
(c) Step 3 (headquarters level)
Any grievance, having been processed through step 2 without satisfactory settlement,
may be referred to the national officers of the union for submission to an executive officer
of the company or his designated representative, who shall arrange meetings for the pur
pose of discussing such grievances.
Such grievances shall be submitted to the company not less than 2 weeks prior to
the date of any discussion and not more than 3 months after the completion of discussions
and the final decision of local management at step 2.
ances,
When the union requests an emergency meeting on a particular grievance or griev
such a meeting will be arranged by the parties within 1 week.
The company shall give its final decision to the union in writing within a reasonable
time after the completion of discussion on any grievance.
The discussions provided for above may, by mutual agreement, be held at the plant
location of the local submitting the grievance, if requested by the union.
3.
Discipline based on warning notices.
Before imposing a disciplinary penalty or discharge which is based upon the cumu
lative effect of written warning notices, the company will notify the employee concerned
1 week in advance. The matter may be made a subject for grievance discussions, but such
discussions shall not prevent imposition of the penalty pending their final outcome, and in
the event it is determined that an employee has been improperly penalized, he will be r e
imbursed for any loss of wages sustained as a result of the imposition of the penalty.
Article XIV.
Strikes and Lockouts
1.
There shall be no strike, sitdown, 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 arti
cle XIII, or if the matter is submitted to arbitration as provided in article XV.
61
From the agreement between
G E N E R A L MOTORS C O R P O R A T I O N AND
I N T E R N A T I O N A L UNI ON, U N I T E D A U T O M O B I L E ,
A E R O S P A C E AND A G R I C U L T U R A L I M P L E M E N T
WORKERS OF A MERI CA
(expi res August 1964)
Grievance Procedure
Step.
1.
Presentation of Grievance to Foreman
(28) Any employee having a grievance, or one designated member of a group having a
grievance, should first take the grievance up with the foreman who will attempt to adjust it.
(29) Any employee may request the foreman to call the committeeman for that district to
handle a specified grievance with the foreman. The foreman will send for the committeeman
without undue delay and without further discussion of the grievance.
(30) If the grievance is not adjusted by the foreman, it shall be reduced to writing on
forms provided by the corporation, and signed by the employee involved and one copy shall
be given to the foreman.
The committeeman may then take the grievance up with higher
supervision with or without another committeeman, according to the agreed local practice.
Step 2.
Appeal to Shop Committee
(31) If the case is not adjusted at this step, it may be referred to the shop committee
(or subcommittee where established).
(32)
In plants in which subcommittees are established, cases not adjusted by the sub
committee and the representative of management may be appealed to the shop committee as
a whole to be taken up with the highest local management.
(33)
After a written grievance signed by the employee making the complaint has been
appealed to the shop committee by a committeeman, the chairman of the shop committee
may designate one of its members to make a further investigation of the grievance in order
to discuss the grievance properly when it is taken up by the shop committee at a meeting
with the management.
(34)
A final decision on appealed grievances will be given by a representative of the
highest local management within a maximum of 15 working days from the date of first written
filing thereof unless a different time limit is established by local agreement in writing.
Any
grievance not appealed from a decision at 1 step of this procedure in the plant to the next
step within 5 working days of such decision, shall be considered settled on the basis of the
last decision and not subject to further appeal.
However, in plants where there are less
than 2,500 employees, the shop committee may, upon notifying the plant management in writing,
substitute a 10-day period for the 15-day period and a 3-day period for the 5—day period.
Provided further, however, that within the applicable time limits of this paragraph a grievance
may be withdrawn by mutual agreement without prejudice to either party.
(35)
Written answers will be given by the management to all written grievances presented
by the shop committee.
(36)
The question of supplying minutes of the shop committee meetings with the manage
ment to the shop committee and the form of such minutes is a matter to be negotiated with
the management of each plant by the committee involved. In the interest of expediting orderly
procedure, it is desirable for the chairman of the shop committee to furnish management
with an agenda of the matters, including a listing of grievances the union desires to discuss
at the meeting. The agenda if submitted should be furnished as far in advance of the meeting
62
as possible.
Such an agenda would not preclude discussion of other pertinent subjects.
The
minutes of shop committee meetings will be furnished to the chairman of the shop committee
within 6 calendar days from the date of the meeting.
Such minutes should include:
(1)
Date of meeting.
(2)
Names of those present.
(3)
Statement of each grievance taken up and discussed, also, in summary fashion of
the union’ s contention in the event of failure to adjust.
(4)
Management's written answer on each grievance, with reason for same if answer
is adverse.
(5)
"Highlights" of the meeting, these including specific questions asked by the committee
on policy matters and any answers to such questions given by management.
(6)
Date of approval,
and signatures as agreed upon locally.
The above provisions shall not interfere with any mutually satisfactory local practice
now in effect.
Step 3.
Appeal to Corporation and International Union
(37) If the grievance is not adjusted at this step and the shop committee believes it has
grounds for appeal from the plant management decision, the chairman of the shop committee
will give the plant management a written "notice of unadjusted grievance, " on forms supplied
by the corporation, and the chairman or designated member of the shop committee will then
prepare a complete "statement of unadjusted grievance" setting forth all facts and circum
stances surrounding the grievance, signed by the chairman of the shop committee.
The plant
manager or his designated representative will also prepare a complete "statement of unad
justed grievance" and the management's reason in support of the position taken, signed by
the plant manager or his authorized representative. Three copies of the union's statement
will be exchanged with the management for three copies of the management's statement as
soon as possible and in any event within 5 working days after the committee has given the
management the "notice of unadjusted grievance, " unless this time is extended by mutual
agreement in writing, in which event the 30 days for appeal by the regional director as pro
vided in paragraph 38 shall be automatically extended by the same number of days as the
amount of extended time for exchanging statements of unadjusted grievance.
Each shop
committee shall consecutively number each "statement of unadjusted grievance" from one
upward for identification purposes.
(38) The chairman of the shop committee shall then forward copies of the "statements of
unadjusted grievance, " to the regional director of the international union. The regional di
rector will review the case and determine if an appeal shall be made. The regional director
or a specified representative and the director of the General Motors department of the inter
national union or a specified member of his staff will be granted permission to visit the plant
for the purpose of investigating the specific grievance involved in "statements of unadjusted
grievance, " providing such a grievance is of the nature that observation or investigation will
aid in:
(1)
Arriving at a decision as to whether or not a grievance exists;
(2)
Arriving at a decision as to whether or not such grievance shall be appealed;
(3)
The purpose of its proper presentation in the event of appeal.
Such visits will occur only after the following procedure has been complied with:
(a) The names of the individuals who will be permitted to enter the plant must be
submitted in writing to local management previous to the date such entry is r e
quested. Such names will be submitted to the Corporation by the General Motors
department of the international union.
63
(b) The regional director shall give notice in writing to plant management of the r e
quest for entry and will identify the representative whom he wishes to make the
visit and the specific grievance to be investigated.
In the case of the director
of General Motors department or a specified member of his staff, notice may be
given either verbally or in writing.
(c) Plant management will acknowledge receipt of the request and set a time during
regular working hours which is mutually agreeable for such visit.
(d) A member of the shop committee or a district committeeman may accompany the
union representative during such visit should he request their presence. Manage
ment representatives may accompany the union representatives during such visit.
(e ) Only one such visit on a specified grievance shall be made by the regional director
or his specified representative unless otherwise mutually agreed to.
(f) Such visits shall be restricted to the time mutually agreed upon in point (c) above
and shall be of reasonable duration and shall be subject to all plant rules and regu
lations which apply to employees and all regulations made by the United States
Army, Navy, and Federal Bureau of Investigation.
It is mutually agreed that the purpose of this provision is solely to facilitate the
operation of the grievance procedure, and that the union representative shall confine his visit
to its stated purpose. If it is necessary the union representative may interview the employee
or employees signing the grievance and employees in the bargaining unit who have information
relevant to the case.
Any dispute developing out of the application of these provisions may be finally de
termined by the umpire.
If the regional director shall decide to appeal the case, he shall give notice on the
form ’’notice of appeal” supplied by the corporation, sending one copy each to the local plant
management and the chairman of the shop committee.
Such ’’notice of appeal” will carry
the same case number as the "statement of unadjusted grievance. ” Any case not appealed
within 30 days, or within 30 days plus any agreed upon extension of time for exchanging state
ments of unadjusted grievance as provided in paragraph 37, of the date of the written decision
by the local plant management to the shop committee, shall be finally and automatically closed
on the basis of that decision and shall not be subject to further appeal.
No case shall be
reopened unless the regional director shall submit new evidence to the plant management
and it is mutually agreed by them that such case should be reopened.
The case shall then
date from the date it is reopened.
(39) The case will then be considered by an appeal committee consisting of four members
as follows: For the union, the regional director or one specified representative of the regional
director who is permanently assigned to handle all cases arising under this agreement, in
all plants in his region, and the chairman or another designated member of the shop committee
of the plant involved; and two representatives of local or divisional management, one of whom
has not previously rendered a decision in the case. No person shall act as a representative
of a regional director in meetings of the appeal committee unless his name has been given
to the corporation in writing by the international union. A repfesentative of the international
office of the union and/or a representative of the personnel staff of the corporation may also
attend such meetings at any time.
Upon the written request of the chairman of the shop
committee and the regional director or his specified representative to the plant management,
24 hours in advance of the meeting, a member of the shop committee (or the district com
mitteeman, in lieu of such shop committeeman, who has previously handled such case) will
be permitted to participate in the appeal meeting on such case. Whenever the union requests
the presence of a third representative at the appeal hearing, management may also select a
third representative who has previously handled the case, to participate in the appeal meeting
on such case.
(40) Attendance of committeemen at the meetings of the appeal committee shall be con
sidered as absence from the plant under paragraph 19 of the agreement. Such committeemen
will be paid their regular rate of pay for time spent in such meetings of the appeal committee
for the hours that they would otherwise have worked in the plant.
64
(41) Meetings of the appeal committee shall be held not more frequently than once each
2 weeks for each bargaining unit, unless mutually agreed otherwise. In event no meetings
of the appeal committee have been held for more than 2 weeks, meetings will be arranged
within 7 days after ‘‘notice of appeal1' has been received.
(42) If an adjustment of the case is not reached at this meeting, the management will
furnish a copy of its decision in writing and a copy of the minutes of the meeting, to the
chairman of the shop committee and the regional director within 5 working days after the
meeting, unless this period is extended by mutual agreement in writing.
Step. 4.
Appeal to Impartial Umpire
(43) In the event of failure to adjust the case at this point, it may be appealed to the
impartial umpire, providing it is the type of case on which the umpire is authorized to rule.
From the agreement between
P A P E R BOX M A N U F A C T U R E R S AND
I N T E R N A T I O N A L BR OTH ERH 0 0 D 0 F PU LP ,
S U L P H I T E AND P A P E R MI LL WORKERS
(expi res August 1964)
Grievance Procedure
Section 1.
Any employee may discuss a grievance with the foreman prior to taking up said
grievance with the union shop steward.
Any meetings or conferences pertaining to griev
ances shall require the presence of the union shop steward and/or committee.
Should dif
ferences 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 to the superintendent or manager of the plant
in writing.
If the manager, or superintendent, union shop steward, and the party with the
grievance are unable to arrive at a satisfactory settlement within 48 hours, the question
shall then be referred to the owner of the company and the international president or ac
credited representatives, or the representative of Local 286, and they shall attempt to bring
about a harmonious settlement, but 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. These two shall choose a third.
If, however, within 5 days
the third party cannot be chosen, the third arbitrator 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.
Section 2.
Any dispute or grievance may be taken up by the Mutual Interest and Adjustment
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 subse
quently be determined as provided above that the employee should be reinstated, such em
ployee shall be reinstated and shall receive full pay for all time lost.
Section 4.
If a shop steward should neglect his duty in handling a grievance,
of the union shall be empowered to take up the case.
a representative
65
Mutual Interest and Adjustment Board
Section 1.
A mutual interest and adjustment board shall be formed consisting of 10 members
from the industry which shall be formed for discussing safety, health, athletics, contract
violations, and such other matters of mutual welfare, and also to promote a better under
standing between the employers and the employees.
Five members of this board shall be
appointed by the manufacturers, and five by the union. The board shall meet on the second
Tuesday of June, the second Tuesday of September, second Tuesday of December and second
Tuesday of March, and the secretary shall notify the members of the meeting. The chair
man shall be appointed by the board from these members. Signatories to this contract agree
to appear before this board on citation of contract violations.
Either committee desiring
may have their attorney present at this meeting, providing the other committee is notified
24 hours in advance of the meeting.
Section 2.
The chairman shall be empowered to call the board into session at any time that it
may be required in cases of dispute or grievance.
Appendix B
Selected Grievance Clauses JNegotiated by Small Companies
From the agreement between
A MERI CAN M E T A L S P E C I A L T I E S C OR P O R A T I O N
I N T E R N A T I O N A L UNI ON OF E L E C T R I C A L ,
RADI O AND MA C H I N E WORKERS
(expi res January 1965)
AND T H E
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:
(a)
Between the shop committee of the union and the department supervisor;
(b)
All grievances must be filed with the company within 5 days of the time action was
taken by the company causing the grievance. Grievances that have not been settled
in step (a) shall be within 5 days referred to step (c).
(c)
Between the union representative and the employer’ s representative;
(d)
In the event of any differences which cannot be settled in the steps provided above,
it is agreed by the parties that the Pennsylvania Department of Labor and Industry
or the United States Department of Labor will be asked to mediate such differences;
(e)
In the event such differences cannot be settled in the steps provided above,
of arbitrators shall be set up.
a board
From the agreement between
T H E CHI CAGO HOUSE OF B U T L E R B R OT H E R S AND
I N T E R N A T I O N A L B R O T H E R H O O D OF T E A MS T E R S ,
C H A U F F E U R S , WAREHOUSEMEN AND H E L P E R S OF AMERI CA (I nd)
(expi res May 1964)
Should differences arise between the company and the union or its members em
ployed by the company as to meaning and application of the provisions in this agreement,
such differences shall be settled in the following manner:
(a)
The aggrieved employee shall first take up his case with the foreman of his depart
ment. He may, if he so desires, have the shop steward appear with him.
(b)
In case the matter is not settled, the employee with the shop steward may appeal to
the warehouse manager and personnel manager.
(c)
In case the matter is not thep settled, the employee may appeal to the shop com
mittee, designated by the members of the union.
It then may take the matter up
with the house manager.
(d)
Upon failure to reach a settlement, the whole matter shall be referred to the rep
resentative of the union and the house manager.
(e)
If no agreement has yet been reached, the company and the union agree to submit
the matter to arbitration. . . .
The shop committee shall consist of not more than six members representing all
departments of the operating division.
The names of such members shall be certified in
writing by the secretary of the union to the house manager. Complaints regarding unjust or
discriminating discharge of employees as covered by this agreement will be handled promptly
according to the grievance procedure herein provided. Such complaints must be filed within
5 days of discharge and must be made in writing. The management must review and render
a decision on the case within 5 working days of receipt of complaint.
67
68
From the agreement between
COSBY- HODGES MI L L I NG C OMPANY AND
R E T A I L , WH OL E S A L E AND D E P A R T M E N T STORE UNI ON
(expi res January 1965)
Section 1.
It is agreed that should any charge of violation of this agreement, charge of d iscrim i
nation, grievance, or dispute arise at any time on the part of the employees, the matter must
be brought up within 5 days afte*r the alleged occurrence. Such matters shall be settled in
the following manner:
A.
Between
the employee
and the foreman of the department involved.
B.
Between the employee and the members of the grievance committee designated by
the union and the superintendent and/or manager of the plant, at which step the
grievance must be reduced to writing.
C.
Between the representatives of the international organization of the union and the
representative of the company.
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. . . .
F.
In the event the company has a complaint for noncompliance with this agreement,
it may, without waiver of any other rights or discretion of management held by it,
take up the complaint
with the grievance committee or principle 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 3.
The grievance committee shall consist of not less than three not more than five em
ployees of the plant who shall serve without pay, any three of whom shall constitute a quorum.
From the agreement between
D E C O R E L C O R P O R A T I O N AND U P H O L S T E R S ’
I N T E R N A T I O N A L UNI ON OF N ORT H A MERI CA
(expi res December 1964)
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 international union representa
tive shall attempt to adjust the matter with the employer.
1.
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 adjustments of existing differences are pending during the term of
this agreement.
2.
It shall be the duty of the union plant steward to supervise the carrying out of the
provisions of this agreement, and to take up with the employer such grievances as
may arise on behalf of the employees.
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 imm’ediately be referred to the arbitration board of three
m em bers.
69
From the agreement between
F E D E R A L D E P A R T M E N T STORES, I NC. , AND
A M A L G A M A T E D C L O T H I N G WORKERS OF AMERI CA
(expi res January 1965)
In case a grievance is not settled with the store manager, the employee shall submit
such grievance to the union, which in turn may attempt to adjudicate the grievance with the
company.
In case of inability to settle any grievance between the company and the union,
the union shall notify the company in writing of the grievance and the inability to settle the
same, and thereupon either the union or the company may within 10 days after such written
notice call for an arbitration of such dispute. The same procedure shall apply in case the
company shall have a grievance against the union or any person covered by this agreement,
that is, the company shall attempt to settle the same with the union and upon failure to settle
the same, the company shall notify the union in writing of such dispute, and thereupon either
the union or the company may call for an arbitration of the same within 10 days' after such
written notification.
From the agreement between
G R E E N B E L T CONSUMER SERV 1CE S , I N C A N D
A M A L G A M A T E D MEAT C U T T E R S AND B U T C H E R
WORKMEN OF NOR T H AMER I C A
(expi res May 1964)
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 . . .
From the agreement between
SHERWOOD BRASS WORKS AND
I N T E R N A T I O N A L UNI ON, U N I T E D A U T O M O B I L E ,
A E R O S P A C E AND A G R I C U L T U R A L I M P L E M E N T
WORKERS OF AMER I C A
(expires November 1964)
All complaints in the first instance shall be taken up by the shop steward with the
foreman and if not adjusted will be referred to the shop committee, setting forth the facts
necessary for the adjustment of the complaint, including essential data.
The member or
members of the shop committee will then take up the matter with the labor relations repre
sentative of the company. Failing to make settlement, the matter shall then go to the shop
committee and the management. If the matter is not satisfactorily adjusted then, the union
may call in its outside representative to assist in finally settling the difficulty. . . .
The employees shall have the right to be represented by an executive shop committee
of not more than five members including chairman and secretary, who shall be elected in any
manner determined by the employees; the company shall negotiate with the shop committee as
representatives of the employees. . . .
A committeeman shall not leave his work to investigate, discuss, or adjust griev
ances during working hours without first making up mutually satisfactory arrangements with
the foreman.
(no arbitration)
70
From the agreement between
SOUTHWEST WASHI NGTON H O S P I T A L C O U N C I L AND
WASHI NGTON S T A T E NURSES ASSOCI ATI ON
(expi res July 1965)
Hospital Conference Committee:
The hospital administrator and the director of nursing service, jointly with the
elected representatives of the general duty nurses of said hospital, shall constitute a hos
pital conference committee to assist with personnel problems. Such committee shall be on
a permanent basis and shall meet regularly.
In event misunderstandings or disagreements shall arise with respect to meaning
or interpretation of this agreement, or with respect to related questions, attempts to settle
such misunderstandings or disagreements shall be normally in the following order:
A.
Between persons immediately involved.
B.
Between persons immediately involved and the director of nursing service.
C.
Between persons immediately involved, the director of nursing service, and the ad
ministrator.
At this meeting the nurse or nurses involved have the privilege
presence of the general duty conference committee members.
of requesting the
D.
If the agreement is not reached, the hospital conference committee shall strive toward
solution of the problem.
E.
If agreement is not arrived at on a local level, then a committee composed of the
Southwest/State7 Hospital Council and a committee representing the /Tjnion7 (five rep
resentatives from each group) shall meet with both parties concerned for the pur
pose of making recommendations on any issues that may arise regarding the inter
pretation of this agreement.
(no arbitration)
From the agreement between
S T E R L I N G P A P E R COMPA N Y AND T H E
I N T E R N A T I O N A L B R O T H E R H O O D OF P U L P ,
S U L P H I T E , AND P A P E R MI LL WORKERS
(expi res January 1965)
Should differences arise in the plant between the company and the union or its m em
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 to the superintendent or manager of
the plant in writing.
If the manager, or superintendent, shop steward, and the party with
the grievance are unable to arrive at a satisfactory settlement within 48 hours, the question
shall then be referred to the owner of the company and the international president or accred
ited representatives, or the representative of local— , and they shall attempt to bring about
a harmonious settlement, but if the above groups are unable to come to a satisfactory con
clusion the management of the company and the international union shall each select a repre
sentative.
These two shall choose a third. If, however, within 5 days the third party can
not 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.
71
From the agreement between
T H O R O F A R E MARKET S* I NC. , AND
I N T E R N A T I O N A L B R O T H E R H O O D OF T E A MS T E R S ,
C H A U F F E U R S , WA R E HOU S E ME N AND H E L P E R S
OF AME R I C A ( I ND. )
(expi res September 1965)
a.
It is agreed that all grievances shall be presented to the employer in writing
by the steward, signed by the employee who has the grievance.
In the event of any dif
ferences or complaints over the interpretation or application of the terms of this agreement,
they may become the subject of conference as follows:
1.
Between the steward and the warehouse
2.
In the event of further differences in adjusting the grievance, the union business
agent or president shall discuss it with the warehouse superintendent.
3.
In the event of further differences in seeking a mutually satisfactory settlement, the
complaint will be discussed by the union president with the president of the company,
or a designated administrative executive in the event of his absence.
4.
Should this meeting fail in settling the item in question,
may request arbitration.
superintendent or his designated alternate.
either of the parties hereto
Appendix C
Identification of Clauses
E m ployer, Union, and Expiration Date
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
Youngstown Sheet and Tube C o --------------------------------------------------------------------Steelworkers (USA), June 1964.
American Can Co., Marathon Division ____________________________________
Papermakers (UPP), April 1964.
Youngstown Sheet and Tube C o --------------------------------------------------------------------Steelworkers (USA), June 1964.
Woodworkers Association of Chicago ______________________________________
Carpenters (CJA), May 1964.
Kennecott Copper Corp., Utah Copper D ivision _________________________
Mine, Mill (MMSW) (Ind.), June 1964.
Bethlehem Steel C o ______________________________ _____________________________
Steelworkers (USA), April 1965.
Plumbing and Pipe Fitting Industry— Washington_________________________
Plumbing (PPF), December 1964.
Associated General Contractors of America and two
others— Michigan___________________________________________________________
Bricklayers (BMP), April 1964.
Olin Mathieson Chemical C o rp --------------------------------------------------------------------Machinists (IAM), July 1964.
Armco Steel C o r p ____________________________________________________________
Armco Employees Independent Federation Inc. (Ind.), June 1964.
Republic Steel Corp. (mine contract) ______________________________________
Steelworkers (USA), June 1964.
United States Steel Corp____________________________________________________
Steelworkers (USA), April 1965.
(Confidential), February 1964______________________________________________
Globe Union Inc______________________________________________________________
Industrial Worker^ (AIW), March 1966.
Beaunit M ills, Inc., Beaunit Fibers Division ____________________________
United Textile Workers (UTWA), August 1965.
Caterpillar Tractor C o ______________________________________________________
Machinists (IAM), January 1965.
Direct Mail Master Contract Association, Inc.— New Y o r k ____________
Retail, Wholesale (RWDSU), January 1962.
Cooper—Bessem er Corp_____________________________________________________
Steelworkers (USA), August 1964.
E. I. DuPont de Nemours C o________ - ________________________________ ____
United W orkers, Inc. (Ind.), April 1965.
Borg—Warner Corp., Warner Gear Division ____________________________
Auto (UAW), October 1964.
New England Freight A greem ent__________________________________________
Team sters (TCWH) (Ind.), January 1966.
The Carrier Corp., Elliot Co. Division_________________________________
Steelworkers (USA), March 1965.
Armco Steel Corp-----------------------------------------------------------------------------------------Armco Employees Independent Federation, Inc. (Ind.), June 1964.
Daystrom, I n c _______________________________________________________________
Weston Employee's Union (Ind.), November 1963.
Pineapple Companies A greem ent--------------------------------------------------------------Longshoremen's and Warehousemen's (ILWU) (Ind.), January 1965.
Sperry Rand Corp., Sperry Gyroscope D ivision ________________________
Electrical, International (IUE), May 1964
United Aircraft Corp.,Pratt and Whitney Aircraft Division _____________
Machinists (IAM), January 1965.
72
E m p lo y e r, Union, and E xp iration Date
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
56
57
Heavy Construction Association of the Greater Kansas City Area.
Engineers, Operating (IUOE), March 1964.
Yellow Cab Co. and four others— O h io____________________________
Teamsters (TCWH) (Ind.), May 1965.
(Confidential), January 1965 ________________________________________
Caterpillar Tractor C o ______________________________________________
Auto (UAW), September 1964.
Sylvania Electric Products, Inc_____________________________________
United Electrical Workers (UE) (Ind.), May 1963.
New York Shipping A ssociation ____________________________________
Longshoremen's Association (ILA), September 1964.
McCall Corp__________________________________________________________
Bookbinders (IBB), April 1965.
Beaunit Mills Inc., Beaunit Fibers Division _____________________
United Textile Workers (UTWA), August 1965.
United States Steel Corp., American Bridge Division __________
Steelworkers (USA), June 1964.
Children's D ress, Cotton Dress and Sportswear Contractors
Association, Inc.— New York _____________________________________
Garment, Ladies (ILGW), December 1963.
Rohr Corp -----------------------------------------------------------------------------------------Machinists (IAM), November 1965.
General Refractories C o____________________________________________
District 50— Mine Workers (UMW—50) (Ind.), July 1964.
Whirlpool C o r p ______________________________________________________
Machinists (IAM), May 1964.
Sherman—Williams C o _______________________________________________
Oil, Chemical and Atomic Workers (OCAW), May 1964.
American Can Co ___________________________________________________
Steelworkers (USA), September 1964.
Friden, I n c ___________________________________________________________
Machinists (IAM), March 1965.
Allen B rad ley _______________________________________________ _________
United Electrical Workers (UE) (Ind.), March 1964.
Bendix C o r p ___*______________________________________________________
Machinists (IAM), January 1966.
Graphic Arts Association of M ichigan____________________________
Bookbinders (IBB), August 1964.
American Hardware Corp____________________________________________
Machinists (IAM), February 1964,
Graphic Arts Association of M ichigan_____________________________
Bookbinders (IBB), August 1964.
Bethlehem Steel C o __________________________________________________
Steelworkers (USA), April 1965.
Campbell Soup C o ___________________________________________________
United Packinghouse (UPWA), March 1964.
Kennecott Copper Corp.— Utah Copper D ivision _________________
Mine, Mill (MMSW) (Ind.), June 1964.
General Aniline and Film C o r p ____________________________________
Chemical (ICW), June 1964.
ACF Industries, I n c _________________________________________________
Machinists (IAM), July 1965.
Zenith Radio Corp __________________________________________________
Independent Radionic Workers (Ind.), June 1965.
Philadelphia Transportation C o ____________________________________
Transport Workers (TWU), January 1965.
International Constitution ___________________________________________
Auto (UAW), eff. May 1962.
International Constitution ___________________________________________
Transport Workers (TWU), eff. October 1961.
11
11
11
12
12
12
12
12
12
13
13
13
13
13
13
13
14
14
14
14
14
14
14
15
15
15
15
15
17
17
E m p lo y e r, Union, and E xp ira tion Date
Southern California Edison Co ______________________________________
Electrical, Brotherhood (IBEW), December 1964,
Dan River M ills, Inc_________________________________________________
Textile, United (UTWA), May 1965.
Ball Brother Co ---------------------------------------------------------------------------------Glass and Ceramic (UGCW), October 1965.
Otis Elevator Co _____________________________________________________
Electrical, International (IUE), August 1964.
Sperry Rand C o r p ------------------------------------------------------------------------------Electrical, International (IUE), May 1964.
Acme—Newport Steel C o ______________________________________________
Steelworkers (USA), June 1964.
R. C. Mahon C o ______________________________________________________
Steelworkers (USA), August 1965.
Wyandotte Worsted C o _______________________________________________
Textile Workers Union (TWUA), April 1966.
Hotel Association of St. Louis --------------------------------------------------------Hotel (HREU), November 1964.
Central Motor Freight Association, Inc.— Illin o is----------------------Teamsters (TCWH) (Ind.), January 1964.
Bell Aircraft C o rp ____________________________________________________
Auto (UAW), June 1966.
Southern California General Contractors Association and
three o th e r s__________________________________________________________
Carpenters (CJA), April 1967.
The Prudential Insurance Co. of America ________________________
Insurance Workers (IWIU), September 1965.
Southwestern Public Service C o _____________________________________
Electrical, Brotherhood (IBEW), October 1966.
Oregon Draymen and Warehousemen's A ssociation ---------------------Teamsters (TCWH) (Ind.), April 1964.
Olin Mathieson Chemical Corp______________________________________
Machinists (IAM), July 1964.
General T im e•Corp.— Westclox D ivision __________________________
District 50—Mine (UMW—50) (Ind.), June 1963.
National U. S. Radiator C o rp ________________________________________
Steelworkers (USA), August 1963.
Ice Cream Companies Agreement— Interstate ____________________
Teamsters (TCWH) (Ind.), April 1.965.
Borg—Warner Corp.— Warner Gear D ivision ______________________
Auto (UAW), October 1964.
Sherman—Williams C o ________________________________________________
Oil, Chemical and Atomic Workers (OCAW), May 1964.
Brown and Sharpe Manufacturing Co ________________________________
Machinists (IAM), July 1964.
Consolidated Edison Co. of New York, I n c _______________________
Utility (UWU), January 1965.
General Telephone Co. of Michigan _______________________________
Electrical, Brotherhood (IBEW), May 1964.
Standard Packaging Corp., Eastern Fine Paper and Pulp Division
Papermakers (UPP) and Pulp Sulphite (PSPMW), June 1964.
The Torrington C o ____________________________________________________
Auto (UAW), September 1963.
Southern California Edison Co ______________________________________
Electrical, Brotherhood (IBEW), December 1963.
(Confidential), September 1963 ______________________________________
Cartage Agreement— Illinois -------------------------------------------------------------Teamsters (TCWH) (Ind.), December 1963,
Brown and Sharpe Manufacturing Co ________________________________
Machinists (IAM), October 1965.
age
18
18
18
19
19
19
19
19
19
19
19
20
20
20
20
20
20
20
21
21
21
21
22
22
22
22
22
22
22
23
E m p lo y e r, Union, and E xp ira tion Date
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
116
117
The Martin Co ________________________________________________________________
Auto (UAW), November 1966.
Munsingwear Inc-----------------------------------------------------------------------------------------------Textile Workers Union (TWUA), March 1965.
Borg—Warner Corp.— Warner Gear Division ______________________________
Auto (UAW), October 1964.
Rockwell Standard C o r p _______________________________________________________
Auto (UAW), November 1964.
General Motors Corp _________________________________________________________
Auto (UAW), August 1964.
General Motors Corp _________________________________________________________
Auto (UAW), August 1964.
Borg—Warner Corp.— Warner Gear Division ______________________________
Auto (UAW), October 1964.
General Motors Corp _________________________________________________________
Auto (UAW), August 1964.
Underground Contractors Association— Illinois_____________________________
Hod Carriers (HCL), May 1963.
Commonwealth Edison C o ____________________________________________________
Electrical, Brotherhood (IBEW), March 1965.
The Martin Co ________________________________________________________________
Auto (UAW), November 1966.
Plumbing, Heating and Piping Industry of Southern California ____________
Plumbing (PPF), June 1963.
International Harvester C o ___________________________________________________
Auto (UAW), September 1964.
New England Steel Erectors A ssociation ___________________________________
Iron Workers (BSOIW), June 1962.
Aerojet General C o r p ________________________________________________________
Steelworkers (USA), November 1965.
General Motors Corp ________________________________________________________
Auto (UAW), August 1964.
Sperry Rand Corp.— Gyroscope D ivision ___________________________________
Electrical, International (IUE), May 1964.
Bendix—Westinghouse Automotive Air Brake Co __________________________
Auto (UAW), January 1965.
National Lead C o _____________________________________________________________
Fernaldi AFL—CIO Atomic Trade and Labor Council, September 1966.
National Cash Register C o ___________________________________________________
NCR Employee's Independent Union (Ind.), August 1964.
Northrop C o r p _________________________________________________________________
RPA, Inc. (Ind.), June 1964.
New England Road Builders Association ____________________________________
Hodcarriers (HCL), March 1967.
Art Metal Inc.— Jamestown D ivision ________________________________________
Machinists (IAM), July 1965.
Store Fixture and Architectural Woodwork Institute— California _________
Carpenters (CJA), April 1965.
Pacific Coast Shipbuilders ___________________________________________________
Metal Trades Council,• June 1965.
McDonald Aircraft Corp ______________________________________________________
Machinists (IAM), November 1965.
Socony Mobil Oil Co __________________________________________________________
Oil, Chemical and Atomic Workers (OCAW), February 1963.
General Motors Corp _________________________________________________________
Auto (UAW), August 1964.
Detroit Milk Companies Agreement _________________________________________
Retail, Wholesale (RWDSU), November 1963.
Brown C o _______________________________________________________________________
Pulp (PSPMW), April 1964.
23
23
23
24
24
24
25
25
25
25
25
25
25
25
26
26
26
26
26
26
27
27
27
27
27
27
27
28
29
29
E m p lo y e r, Union, and E xp ira tion Date
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
144
145
146
American Cynamid C o ___________________________________________
Chemical (ICW), December 1964.
Owens-Illinois Glass Co.-—Kimble Glass Co. Division ---------Glass Bottle (GBBA), May 1965.
Associated Milk Dealers of Denver ----------------------------------------Teamsters (TCWH) (Ind.), March 1964.
California P rocessors and Growers, Inc ____________________
Team sters (TCWH) (Ind.), February 1964.
Sperry Rand Corp.— Gyroscope D ivision --------------------------------Electrical, International (IUE), May 1964.
ACF Industries I n c ______________________________________________
Machinists (IAM), July 1965.
Pittsburgh Plate Glass Co________________________________________
Glass and Ceramic (UGCW), February 1966.
National Cash Register Co _____________________________________
NCR Employee's Independent Union (Ind.), August 1964.
General Fireproofing C o ------------------------------------------------------------Steelworkers (USA), October 1965.
Armour and C o ___________________________________________________
Meat Cutters (MCBW), August 1964.
Monsanto Chemical Corp.— Plastics Division ----------------------Electrical, International (IUE), July 1965.
General Telephone Co. of Pennsylvania --------------------------------Electrical, Brotherhood (IBEW), July 1965.
New York Coat and Suit Association, Inc ___________________
Garment, Ladies (ILGW), May 1964.
Industrial Association of Juvenile Apparel
Manufacturers I n c ______________________________________________
Garment, Ladies (ILGW), December 1963.
F irst National Stores, Inc --------------------------------------------------------Meat Cutters (MCBW), August 1964.
Lee Rubber and Tire Corp ____________________________________
Rubber (URW), June 1963.
Southern and Northern Soil Pipe Manufacturers _____________
Molders (IMAW), December 1964.
Underground Contractors Association--- Illin ois----------------------Hod Carriers (HCL), May 1963.
The Martin Co ___________________________________________________
Auto (UAW), November 1966.
Associated Spring Corp ________________________________________
Auto (UAW), October 1966.
Lockheed Aircraft C o r p ------------------------------------------------------------Machinists (IAM), July 1965.
The Ohio Brass C o _____________________________________________
Machinists (IAM), June 1964.
Rohm and Haas Co _____________________________________________
Glass and Ceramic (UGCW), October 1964.
Associated Food Retailers and Retail Chain Food Stores—
Illinois and Indiana _____________________________________________
Retail Clerks (RCIA), November 1964.
Eastern Massachusetts Laborers District Council____________
Hod Carriers (HCL), May 1964.
Federal Department Stores, Inc ______________________________
Clothing (ACWA), January 1965.
Sperry Rand C orp.— Sperry Gyroscope Division _____________
Electrical, International (IUE), May 1964.
The Edition Bookbinders of New York, I n c ___________________
Bookbinders (IBB), March 1965.
Leavers Lace Manufacturers of Am erica, Inc ________________
Lace Operatives (ALO) (Ind.), February 1963.
29
29
30
30
30
30
30
31
31
31
31
31
31
31
32
32
32
32
32
32
32
33
33
34
34
34
34
35
35
E m p lo y e r, Union, and E xp ira tion Date
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
174
175
176
American Can C o-------------------------------------------------------------------- --------------------Steelworkers (USA), September 1964.
Crucible Steel of America ________________________________________________
Steelworkers (USA), June 1964.
Aluminum Co. of A m e r ic a --------------------------------------------------- --------------------Auto (UAW), July 1964.
Goodyear Tire and Rubber C o ____________________________________________
Rubber (URW), April 1965.
Anchor—Hocking Glass Corp ______________________________________________
Flint Glass (AFGW), September 1965.
United States Steel C o r p _____________ _____________________________________
Steelworkers (USA), April 1965.
Pineapple Companies Agreem ent______________________ _____ -______________
Longshoremen's and Warehousemen's (ILWU) (Ind.), January 1965.
American Machine and Foundry Co _________________________x_____ *_____
Auto (UAW), January 1965.
Raytheon Manufacturing C o_____________________ *__________________________
Electrical, Brotherhood (IBEW), August 1965.
National Lead C o.— Titanium D ivision ______________-____________________
Painters (BPDP), March 1966.
Hiram Walker and Sons, In c ___________ ——______ -____ - __________ -______
Distillery (DRWW), December 1964.
Electric Autolite C o _______________________________j.— -------------------------------Auto (UAW), November 1961.
Olin Mathieson Chemical Corp __________ _______________________________ _
Machinists (IAM), July 1964.
Pineapple Companies Agreem ent__________________________________________
Longshoremen's and Warehousemen's (ILWU) (Ind.), January 1965.
Owens—Illinois Glass C o .— Kimble Glass Co. D ivision —________ —_____
Glass Bottle (GBBA), May 1965.
The Prudential Insurance Co. of America _________________ _____________ —
Insurance Workers (IWIU), September 1965.
General Telephone Co. of Pennsylvania___________________________ _______
Electrical, Brotherhood (IBEW), July 1965.
White Pine Copper Co __________________________________________ j.__________
Steelworkers (USA), August 1962.
National Can Co ------------------------------------------------------------------------------------ -----Steelworkers (USA), October 1964.
Mergenthaler Linotype C o __________________________________________________
Auto (UAW), February 1965.
Caterpillar Tractor C o ------------------------------------------------------------- *---------------—
Machinists (IAM), January 1965.
Kaiser Aluminum and Chemical C o rp ____________________ _________ _______
Steelworkers (USA), July 1964.
R. C. Mahon C o ------------------------------------------------------------------------------------------Steelworkers (USA), August 1965.
Food Industry, I n c _________________________________________________ --— -----Retail Clerks (RCIA), March 1964.
General Aniline and Film C o r p ____________________________________________
Chemical (ICW), June 1964.
Lockheed Aircraft C o rp ___________________________________________ _________
Engineers and Scientists Guild (Ind.), November 1965.
Crane C o ____________________________________________________________________
Steelworkers (USA), August 1963.
Chrysler C o r p _____________________________________________ _________________
Auto (UAW), August 1964.
Campbell Soup C o ____________________________________________ *_____ _______
Packinghouse (UPWA), March 1964.
General Motors C o r p _______________________________________________________
Electrical, International (IUE), August 1964.
E m p lo y e r, Union, and E xp iration Date
Olin Mathieson Chemical Corp____________________________________________
Machinists (IAM), November 1965.
Detroit Lumbermen's A ssociation _________________________________________
Teamsters (TCWH) (Ind.), April 1964.
Detroit Lumbermen's A ssociation _________________________________________
Teamsters (TCWH) (Ind.), April 1964.
Armco Steel C o r p ---------------------------------------------------------------------------------------Steelworkers (USA), April 1965.
General Telephone Co. of Pennsylvania----------------------------------------------------Electrical, Brotherhood (IBEW), July 1965.
St. Regis Paper C o.— Rhinelander Paper Co. Division _________________
Papermakers (UPP) and Pulp (PSPMW), May 1964.
National Sugar Refining Co ------------------------------------------------------------------------Sugar Refining W orkers' Local 1648 (Ind.), September 1963.
Southern Bell Telephone and Telegraph C o _______________________________
Communications (CWA), November 1966.
Atlantic Refining C o ________________________________________________________
Atlantic Independent Union (Ind.), March 1965.
Distributors Association of Northern C alifornia__________________________
Longshoremen's and Warehousemen's (ILWU) (Ind.), May 1964.
North American Aviation, I n c ______________________________________________
Auto (UAW), September 1965.
Olin Mathieson Chemical Corp ___________________________________________
Machinists (IAM), November 1965.
Stubnitz Green C o rp ------------------------------------------------------------------------------------Auto (UAW), October 1964.
Armco Steel C o rp ___________________________________________________________
Armco Employees Independent Federation, Inc. (Ind.), June 1964.
Dow Chemical Co ___________________________________________________________
Mine—District 50 (UMW—50) (Ind.), March 1965.
Crane C o _____________________________________________________________________
Steelworkers (USA), August 1963.
General Electric C o -------------------------------------------------------------------------------------Electrical, International (IUE), October 1966.
Colorado Fuel and Iron Corp ----------------------------------------------------------------------Steelworkers (USA), June 1964.
Rohm and Haas C o __________________________________________________________
Glass and Ceramic (UGCW), October 1964.
Sun Shipbuilding and Dry Dock C o --------------------------------------------------------------Boilermakers (BBF), January 1964.
American Metal Products C o _______________________________________________
Auto (UAW), October 1966.
Armco Steel C o rp -----------------------------------------------------------------------------------------Armco Employees Independent Federation, Inc. (Ind.), June 1964.
St. Regis Paper C o .— Rhinelander Paper Co. Division _________________
Papermakers (UPP) and Pulp (PSPMW), May 1964.
Stanley Works— Stanley Tool Division ------------------------------------------------------Machinists (IAM), January 1966.
P . Lorillard Co _____________________________________________________________
Tobacco (TWIU), December 1964.
Bell Telephone Laboratories, I n c --------------------------------------------------------------Communications (CWA), March 1967.
American Machine and Tool— U. S. Gauge Co. Division ------------------------Machinists (IAM), September 1964.
Marhoefer Packing C o ------- ------------------ ------------------------------------------------------Packinghouse (UPWA), October 1964.
Campbell Soup C o ___________________________________________________________
Packinghouse (UPWA), March 1964.
Pineapple Companies A greem ent---------------------------------------------------------------Longshoremen's and Warehousemen's (ILWU) (Ind.), January 1965.
ige
41
41
41
41
42
42
42
42
42
42
42
43
44
44
44
44
44
44
44
45
45
45
45
45
45
45
45
46
46
46
E m p lo y e r, Union, and E xp ira tion Date
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
233
234
235
236
Borg—Warner Corp.— Norge D ivision ___________________________
Machinists (IAM), July 1965.
Commonwealth Edison C o .— Illinois____________________________
Electrical, Brotherhood (IBEW), March 1965.
Photo Engravers Board of Trade— New Y o r k __________________
Photo Engravers (IPEU), December 1963.
Humble Oil and Refining C o ___________ *_________________________
Independent Industrial Workers Union (Ind.), April 1966.
Niagara Frontier Unionized Milk Dealers A ssociation ________
Teamsters (TCWH) (Ind.), June 1964.
Kennecott Copper Corp.— Utah Copper D ivision _______________
Mine, Mill (MMSW) (Ind.), June 1964.
Niagara Frontier Unionized Milk Dealers A ssociation ________
Teamsters (TCWH) (Ind.), June 1964.
Ame rican Can C o _________________________________________________
Steelworkers (USA), September 1964.
General Dynamics ________________________________________________
Office (OEIU), October 1965.
Republic Steel C o rp ______________________________________________
Steelworkers (USA), April 1965.
International Harvester C o ______________________________________
Auto (UAW), September 1964.
New York Employing Printers A ssociation _____________________
Bookbinders (IBB), August 1966.
RCA Communications ____________________________________________
Communications Association (ACA) (Ind.), May 1965.
General Dynamics— General Dynamics/ Astronautics Division
Machinists (IAM), October 1965.
Gates Rubber Co _________________________________________________
Rubber (URW), June 1966.
Screw and Bolt Corp. of America ____________________________
Steelworkers (USA), September 1965.
Lockheed Aircraft Corp _________________________________________
Machinists (IAM), July 1965.
Kennecott Copper Corp.— Utah Copper D ivision _______________
Mine, Mill (MMSW) (Ind.), June 1964.
General Fireproofing C o _________________________________________
Steelworkers (USA), October 1965.
Kaiser Aluminum and Chemical Corp _________________________
Steelworkers (USA), July 1964.
Mosaic Tile Co __________________________________________________
Glass and Ceramic (UGGW), November 1963.
Goodyear Tire and Rubber C o ___________________________________
Rubber (URW), April 1965.
Joseph E. Seagrams and Sons, I n c ____________________________
Distillery (DRWW), July 1966.
Jewel Tea. Co., I n c ______________________________________________
United Retail Workers (Ind.), January 1965.
Zenith Radio Corp ________________________________________________
Independent Radionic Workers (Ind.), June 1965.
Cement—Haul Agreement— Eastern Conference Area _________
Teamsters (TCWH) (Ind.), February 1965.
Parke—Davis and C o _____________________________________________
Oil, Chemical and Atomic Workers (OCAW), April 1965.
American Motors C o rp ___________________________________________
Auto (UAW), October 1964.
Owens-Illinois Glass C o.— Kimble Glass Co. D ivision _______
Glass Bottle (GBBA), May 1965.
General Refractories C o _________________________________________
Brick and Clay (UBCW), June 1964.
46
46
46
46
47
47
47
47
47
48
48
48
48
49
49
49
49
50
50
50
50
50
50
50
50
50
51
51
51
51
80
Clause
num ber
237
238
239
240
241
242
243
244
245
246
247
248
249
250
251
252
253
254
255
256
E m p lo y e r, Union, and E xp ira tion Date
P age
Kaiser Aluminum and Chemical C o rp --------------------------------------------------------------Steelworkers (USA), July 1964.
Laclede Gas C o -------------------------------------------------------------------------------------------------Oil, Chemical and Atomic Workers (OCAW), July 1964.
Arrowhead Food and Beverage Council ----------------------------------------------------------Hotel (HREU), March 1964.
Bridgeport Brass C o ____________________________________________________________
The Brass Workers (FLU), September 1964.
Rohm and Haas Co________________________________________________________________
Glass and Ceramic (UGCW), October 1964.
Long Island Lighting C o ________________________________________________________
Electric, Brotherhood (IBEW), June 1965.
Marhoefer Packing Co --------------------------------------------------------------------------------------Packinghouse (UPWA), October 1964.
Western Pennsylvania Motor Carriers A ssociation __________________________
Teamsters (TCWH) (Ind.), January 1964.
Trucking and Terminal Companies Agreement— Illinois _________________
Teamsters (TCWH) (Ind.), January 1964.
Simmons Co _________________________________________________________________ 4 ___
Upholsterers (UIU), October 1964.
National Lock C o ________________________________________________________________
Auto (UAW), January 1965.
General Dynamics Corp.— General Dynamics/Astronautics
D ivision _________________________________________________________________________
Engineers and Architects Association (Ind.), December 1965.
Humble Oil and Refining C o ____________________________________________________
Independent Industrial Workers Union (Ind.), April 1966.
Goodyear Tire and Rubber C o __________________________________________________
Rubber (URW), April 1965.
Simmons Co _____________________________________________________________________
Upholsterers (UIU), October 1964.
Sun Shipbuilding and Dry Dock Co ___________________________________________
Boilermakers (BBF), January 1967.
Baldwin—Lima—Hamilton Corp _________________________________________________
Steelworkers (USA), June 1965.
The Martin Co __________________________________________________________________
Auto (UAW), November 1966.
American Motors C o rp _________________________________________________________
Auto (UAW), October 1964.
American Motors C o rp _________________________________________________________
Auto (UAW), October 1964.
51
52
52
52
52
54
54
54
54
55
55
55
55
55
55
55
55
55
55
56
NOTE: A ll unions are affiliated with the AFL—CIO except those followed by (Ind.).
☆ U.S. GOVERNMENT PRINTING OFFICE : 1964 0 - 7 5 5 - 4 6 2
@FedFRASER