The full text on this page is automatically extracted from the file linked above and may contain errors and inconsistencies.
Li Lj.2 .
, ,
m
MAJOR
COLLECTIVE
BARGAINING
AGREEMENTS
Dayton & Montgomery C q ,
Public Library
AUG 2 119 72
d o c u m e n t c o l l e c t io n
LAYOFF,
RECALL, AND
WORKSHARING
PROCEDURES
BULLETIN 1425-13
U.S. DEPARTM ENT OF LABOR
Bureau of Labor Statistics
For sale b y
M A JO R
C O L L E C T IV E
B A R G A IN IN G
AGREEM ENTS
LAYOFF,
RECALL, AND
WORKSHARING
PROCEDURES
Bulletin 1425-13
U.S. DEPARTMENT OF LABOR
J. D. Hodgson, Secretary
Bureau of Labor Statistics
Geoffrey H. Moore, Commissioner
1972
the Superintendent of Documents, U .S. Government Printing Office, Washington, D .C . 20402
Preface
This is the 13th in a s e r ie s of studies by the Bureau of Labor
Statistics designed to cover the entire spectrum of p rovision s of c o l
lective bargaining agreem en ts.
E a rlie r bulletins in the s e r ie s are
listed on the la st page of this bulletin.
This study, like the e a rlie r ones, is based on virtu ally all
m a jo r collective bargaining agreem ents in the United States covering
1 ,0 0 0 w orkers or m o r e , exclu sive of ra ilro a d , a irlin e , and govern
m ent a greem en ts. A ll agreem en ts were drawn from a current file
maintained by the Bureau for public and governm ent use in a ccord
ance with section 211 of the L ab or-M an agem en t Relations Act of 1947.
Chapter II of the report analyzes the various p rocedu res for
fo resta llin g or m inim izing layoffs of regular em p lo ye e s; chapter III
deals with the rules governing layoff of em p lo y e e s, with special
em phasis on the role of seniority in determ ining the order of layoff.
The contract clau ses quoted in this report and identified in
an appendix are not intended as recom m ended or m odel cla u se s.
The c la ssifica tio n and interpretation of clau ses re flect the under
standing of o u tsid e rs, not n e c e s s a r ily that of the parties who nego
tiated them .
This bulletin was prepared in the D ivision of Industrial R ela
tion s, O ffice of W ages and Industrial R elations, by W inston L . T ille r y ,
a ssiste d by H om er R. K em p, Jr. and Richard L . K e lle r , under the
direction of Leon E. Lunden, P ro jec t D irecto r.
in
C ontents
Page
Chapter I. In tro d u ctio n ------------------------------------------------------------------------------------------------------------Related s tu d ie s ------------------------------------------------------------------------------------------------------------------------
1
1
Chapter II. F o resta llin g and m in im izing layoff ----------------------------------------------------------------W orksh arin g p r o v is i o n s --------------------------------------------------------------------------------------------------------
3
3
D ivision of w o r k ----------------------------------------------------------------------------------------------------------------
6
R estrictio n s on s u b c o n tra c tin g ------------------------------------------------------------------------------------------R estrictio n s on new h ires ---------------------------------------------------------------------------------------------------L ayoff of sp ecial categories of w o r k e r s --------------------------------------------------------------------------Role of the union in p rovision s for fo resta llin g or m inim izing la y o ffs --------------------T ra n sfe r to available vacancies to fo r e sta ll or m in im ize layoffs -----------------------------
9
11
13
15
17
P rovision s protecting em ployees affected by technological c h a n g e -----------------------------
19
T a b le s:
1.
2.
3.
4.
5.
6.
7.
W orksharing p rovision s in m ajor collective bargaining agreem en ts, by
industry, 1 9 7 0 -7 1 --------------------------------------------------------------------------------------------------L ev el of reduced hours in m a jo r collective bargaining agreem en ts, by
industry, 197 0 -7 1 --------------------------------------------------------------------------------------------------Duration of reduced hours in m a jo r collective bargaining a greem en ts,
1 9 70-71 ----------------------------------------------------------------------------------------------------------------------R estrictio n s on overtim e during slack or layoff periods in m ajor
collective bargaining a greem en ts, by industry, 1970-71 -----------------------------R estriction s on subcontracting to fo re sta ll or m in im ize layoff in m a jo r
collective bargaining agreem en ts, by industry, 1970-71 ------------------------------R estriction s on new h ires during slack or layoff periods in m a jo r
collective bargaining a greem en ts, by industry, 1 9 70-71 ----------------------------L ayoff of sp ecial categories of w orkers in m ajor collective bargaining
agreem en ts, by industry, 1 9 7 0 -7 1 ----------------------------------------------------------------------
Chapter III.
22
23
24
24
25
26
27
L ayoff p r o v is io n s -------------------------------------------------------------------------------------------------
29
Role of the union in layoff ---------------------------------------------------------------------------------------------------Role of seniority in lay o ff and r e c a l l -------------------------------------------------------------------------------N onseniority fa cto rs in la y o ff and r e c a l l ------------------------------------------------------------------------Seniority units in la y o ff -------------------------------------------------------------------------------------------------------Seniority status in tra n sfe rs between units during l a y o f f ---------------------------------------------
30
31
33
35
38
T r ia l period following tran sfer or bumping -------------------------------------------------------------------Seniority protection for sp ecified groups -----------------------------------------------------------------------Superseniority for union o fficials -------------------------------------------------------------------------------S uperseniority fo r key personnel and trainees --------------------------------------------------------P rotection for aged and physically handicapped w o r k e r s --------------------------------------T em p o ra ry or em ergen cy la y o ffs ---------------------------------------------------------------------------------------W a iv er of seniority rights in l a y o f f ----------------------------------------------------------------------------------W a iv er of seniority rights in reca ll ---------------------------------------------------------------------------------Role of the union in r e c a l l ----------------------------------------------------------------------------------------------------
40
41
41
42
43
43
44
45
47
v
C o n t e n t s —C o n t i n u e d
Page
Chapter III. L ayoff p rovision s— Continued
Seniority unit in re c a ll ----------------------------------------------------------------------------------------------------------Exceptions to the r e c a ll procedure ------------------------------------------------------------------------------------Retention of sen iority rights during l a y o f f -----------------------------------------------------------------------T im e allowed to respond to re c a ll notice --------------------------------------------------------------------------
47
48
49
52
T ablest
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
L ayoff p rovision s in m a jo r collective bargaining a greem en ts, by
industry, 1 9 7 0 -7 1 ----------------------------------------------------------------------------------------------------Advance notice of layoff in sam ple of m ajor collective bargaining
agreem en ts, 1 9 7 0 -7 1
-------------------------------------------------------------------------------Length of advance notice of layoff in sam ple of collective bargaining
agreem en ts, 197 0 -7 1 ---------------------------------------------------------------------------------------------R ole of seniority in la y o ff and reca ll in sam ple of m a jo r collective
bargaining agreem en ts, 1 9 7 0 -7 1 --------------------------------------------------------------------------N on seniority fa cto rs in layoff and re ca ll in sam ple of m a jo r collective
bargaining a greem en ts, 197 0 -7 1 --------------------------------------------------------------------------O rigin al sen iority unit in layoff in sam ple of m ajor collective bargaining
a greem en ts, 1 9 7 0 -7 1 -----------------------------------------------------------------------------------------------B road est unit for e x e r c ise of seniority rights in layoff in sam ple of
m a jo r co llective bargaining a greem en ts, 197 0 -7 1 ------------------------------------------Bumping restriction s in sam ple of m a jo r collective bargaining
a greem en ts, 1 9 7 0 -7 1
-------------------------------------------------------------------------------S uperseniority for union o fficials in sam ple of m a jo r collective
bargaining agreem en ts, 1 9 7 0 -7 1 --------------------------------------------------------------------------T em p o ra ry lay o ff p rovision s in sam ple of m ajor collective bargaining
Retention of seniority or re ca ll rights during layoff in sam ple of
m ajor co llective bargaining a greem en ts, 197 0 -7 1 ------------------------------------------T im e lim it fo r response to re ca ll in sam ple of m a jo r collective
bargaining a greem en ts, 1 9 7 0 -7 1 ---------------------------------------------------------------------------
53
54
54
54
54
55
55
55
55
56
56
A p p end ixes:
A.
B.
Selected worksharing and la y o ff p r o v is i o n s ---------------------------------------------------------------Idenditication of clau ses -------------------------------------------------------------------------------------------------
VI
57
73
M a jo r C o lle c tiv e B a r g a in in g A g r e e m e n t s —
L a y o f f , R e c a l l , a nd W o r k s h a r i n g P r o c e d u r e s
C h a p t e r I. I n t r o d u c t i o n
E m ploym ent stability and the avoidance of layoffs is a com m on objective of both
em p lo yers and unions. 1 E m p loy ers d e sire to maintain their trained work fo rce intact
as w ell as to avoid an unfavorable unem ployment com pensation rating and lo s s of e m
ployee and comm unity goodw ill; unions, of co u rse , are concerned with the job security
and continued incom e of their m e m b e r s .
E conom ic downturns, seasonal fluctuations, plant relo ca tio n s, m e r g e r s , product
changes, or productivity in c r e a s e s , among other fa c to r s , m ay at tim es make layoffs
unavoidable.
When such situations a r is e , unions and m anagem ent often differ on the
manner in which they should be handled.
M anagem ent p r e fe r s to dispense with those
w orkers le a st qualified to p e rfo rm the rem aining work, and to m in im ize retraining,
tra n sfe rs, and '’bum ping" of junior em p loyees.
Unions, on the other hand, favor la y
offs of the le a st sen ior e m p lo yees, even if this n ec e ssita tes tra n sfe rs and training of
those with g reater length of s e r v ic e .
M ost co llective bargaining agreem ents contain p rovision s that attem pt to recon cile
these d ifferen ces by establishing layoff rules that have been agreed to by both p a r tie s.
These p rovision s m ay range fro m b r ie f statem ents of p olicy to elaborate layoff p r o c e
dures requiring many pages of text.
A number of additional types of collective bargaining p rovision s have been de
veloped dealing with proced u res for preventing or m in im izing the layoff of regular
e m p lo yees.
These include equal division of work or reduction in scheduled h ou rs,
elim ination or lim iting of o ve rtim e , restriction s on subcontracting, re strictio n s on
hiring new e m p lo yees, and other proced u res designed to spread the available work
among the existing work fo r c e .
A greem ents m ay a lso require initial layoffs to be
lim ited to probationary, tem p orary, p a r t-tim e , or any other w ork ers who a re not fu ll
tim e seniority em p lo yees.
If the needed reduction in manpower is not g reat, these
proced u res m ay prevent layoffs among the perm anent work fo r c e , o r, if such layoffs
do b ecom e n e c e s s a r y , m ay m in im ize the number of regular em ployees affected and
speed their return to active em ploym ent.
Related studies
This study is concerned both with the prevention or m in im ization of layoffs and
the p roced u res and application of seniority should layoffs b ecom e n e c e s s a r y .
A pre
vious study (BLS Bulletin 1 4 2 5 -1 1 ) exam ined the role of seniority and other fa cto rs in
prom otions and intraplant tr a n s fe r s .
Several other studies in the se r ie s (see listing
on la st page) have som e relation to job security or seniority.
A subsequent report
w ill deal with selected seniority adm inistration p ro v isio n s, with em phasis on the ways
in which sen iority m ay be acquired, lo s t, and m odified.
Scope of study
F or the study of w orksharing, layoff, and r e c a ll p ro v isio n s, the Bureau examined
1 ,8 4 5 m a jo r co llective bargaining a greem en ts, each covering 1 ,0 0 0 w ork ers or m o r e ,
or nearly all agreem en ts of this siz e in the United States, except those in railroad and
1 Layoff is an involuntary separation from employment for a temporary or indefinite period through no fault of the worker.
1
airline industries and in governm ent.
These agreem en ts applied to a lm o st 7 .7 m illion
w o rk e rs, or alm o st half the total coverage of co llective bargaining agreem ents outside
the excluded in d u stries.
Of th ese, 4 .2 m illion w orkers covered by 1 ,0 2 1 agreem en ts
w ere in m anufacturing, and 3 .4 m illion w o rk e rs, covered by 824 a g r eem en ts, w ere in
nonmanufacturing in dustries.
A ll these agreem en ts w ere due to expire in 1971 or la ter.
A ll were examined fo r layoff p ro v isio n s, p rovision s aim ed at preventing or m inim izing
la y o ffs, the methods and c r ite r ia used in the la tte r, and the role of the union.
A m ore intensive and detailed exam ination of the layoff p rovision s was made in a
sam ple of 364 a gree m e n ts, covering 2. 1 m illio n w o rk e rs.
The agreem ents having de
tailed layoff p rovision s w ere arranged in decending ord er of w orker coverage within
each industry, and every fourth agreem en t was chosen for m o re detailed a n a ly sis.
Clauses w ere selected for quotation in this report to illu strate either typical p r o
ce d u re s, or variations in the ways negotiators handled a sp ecific situation. The clau ses
are num bered and the agreem en ts fro m which they w ere taken are identified in appen
dix B .
When n e c e s s a r y , m inor editing was done to im prove cla rity or to om it ir r e l e
vant wording.
In appendix A , se v e r a l w orksharing, layoff, and re ca ll clau ses are reproduced in
their entirety.
2
C h a p t e r II. F o r e s t a l l i n g a n d M i n i m i z i n g L a y o f f
W orksharing provision s
W orksharing is defined as a procedure for dividing the available work, or hours
of w ork, among all eligib le em ployees during slow periods as an alternative to la y o ffs. 2
Three types of worksharing p rocedu res m ay be identified— reduction in hours (by fa r the
m o st com m on), division of work, and rotation of em ploym ent.
Reduction in h ou rs, as
its name im p lie s , requires that w eekly hours of work be reduced below n orm al (non
o vertim e) sch ed u les, usually within stated lim its , to spread the work.
The second
procedure— division of work— is n orm ally found in agreem en ts covering em ployees on
piecew ork or incentive s y s te m s , and em p hasizes earnings rather than hours of work
(although reduced hours m ay a lso occur).
A ll available work is divided equally among
eligib le e m p lo yees; under som e conditions fa ste r w ork ers m ay work som ewhat few er
hours than slow er ones for the sam e pay.
The la st procedure— rotation of em p loy
ment or layoff— provides that short, sp ecific periods of layoff be rotated equally among
all em p lo y e e s, in contrast to the m ore com m on p ra ctice of laying off junior em ployees
for longer or indefinite p e rio d s.
Of the 1 ,8 4 5 agreem ents exam ined, ju st under 25 p ercen t, covering 36 percent of
the w o rk e rs, provided fo r w orksharing. 3
(See table 1. ) Manufacturing agreem ents
made up only 55 percent of the agreem en ts studied but accounted for 77 percent of the
worksharing p ro v isio n s, covering about the sam e proportion of w o rk e rs.
W orksharing
had a relatively high p revalen ce among single em ployer agreem en ts and those applicable
in the northern and ea stern parts of the country.
F ive industries— com m unications, p rim a ry m e ta ls , apparel, m achinery (except
e le ctrica l) and transportation equipment— accounted for about half of the w orksharing
cla u ses and th ree-fo u rth s of the w orkers covered by them .
M o st large national unions,
except those in the construction industry, had negotiated w orksharing c la u se s.
These
included the S teelw orkers (64), Auto W o rk ers (42), L a d ie s ’ G arm ent W o r k e r s ’ (39) and
Com m unications W o rk ers (33).
The 316 m a jo r agreem en ts in the construction industry la rg e ly accounted for the
relatively low p revalen ce of worksharing p rovision s in nonmanufacturing and in m u lti
em ployer agreem en ts and those in the south and w est.
Em ploym ent p ra ctice s in this
industry seldom involve either la y o ff-r e c a ll or worksharing p ro ced u res.
Em ployers
n orm ally hire w orkers fo r a p ro je ct, work them full schedules (barring bad weather or
em e rg en cie s) until its com pletion, and then term inate their em ploym ent.
T ran sp orta
tion and u tilities contracts also contained relatively few worksharing p ro vision s.
Reduction in h o u rs.
T h ree-fou rth s of the agreem en ts providing for w orksharing,
covering a slightly g re a ter proportion of w o rk e rs, stipulated reduction in w eekly hours
during slow p e rio d s.
The p rovision was p resent in about 25 percent of all m anufac
turing a gree m e n ts, but in only 11 percent of nonmanufacturing ones.
Seven of every
10 covered w orkers w ere under p rim a ry m e ta ls, com m unications, or transportation
equipment a greem en ts.
Reduced hours w ere somewhat m o re prevalen t in c le r ic a l or
2 The term "worksharing" is used in a broader sense than in a similar BLS study of agreements in effect in 1954-55—
Analysis of Layoff. Recall, and Worksharing Procedures in Union Contracts. BLS Bulletin 1209, 1957. In the earlier analysis,
worksharing referred to provisions, generally of the equal division of work type, which substituted entirely for layoff provisions.
The current definition is expanded to include all division of work and reduction in hours, whether or not accompanied by lay
off provisions.
In many agreements, not all employees are eligible to share the work. Probationary, part-time, or temporary workers,
or those having less than specified length of service may be laid off before worksharing is introduced. In severe or prolonged
declines in manpower requirements, the worksharing procedure may be accompanied by, or terminated in favor of, further layoffs.
3 Using the current study's definition, this is about the same proportion of worksharing provisions as was found in the
1957 study referred to in footnote 2. However, if construction agreements, in which the provisions are rare, are excluded
from the comparison, then 30 percent of the remaining contracts in the current study contained worksharing provisions, against
26 percent in the previous study. Because of somewhat differing concepts, a direct comparison of the types of worksharinv
provisions was not feasible.
3
combined b lu e -c o lla r and c le r ic a l agreem en ts than in those applying only to b lu e -c o lla r
w o rk e rs. This m ay be attributed partly to the tra ffic departm ent agreem ents in the c o m
munications industry, which covered telephone o p e ra to rs, c la sse d as c le r ic a l em p loyees.
Reduction in hours as an alternative to layoff is practicable only within certain
lim its .
If the reduction is se v ere or prolonged, it m ay re su lt in declining em ployee
m o ra le or efficien cy, or a gradual drift to other em p lo y e rs. 4 M o st provision s lim it
the le v e l or duration of the fo re sta llin g tactic; beyond these lim its layoffs m ay occur.
About. 55 percent of the agreem ents providing for reduced hours specified the number
of hours per week to which work schedules could be reduced.
(See table 2. ) T hese
g en era lly ranged fro m 24 to 36 h ou rs, with 32 hours the le v e l established in over
th re e -fo u rth s of the c la u se s.
In the fir s t two illustration s below , any hours reductions
w ere to be negotiated:
(1)
When it becomes necessary to curtail operations or maintenance while operating on a workweek of 40 hours,
the company and the union may mutually agree . . . to the employment of either or both of the follow
ing alternatives, or to any other satisfactory procedure: (a) Layoff of employees with less than 1 year of
seniority in any seniority group or maintenance craft. . . ; (b) reduce the hours of work to avoid whole
sale layoffs, but in no case shall such reduction for this purpose reduce the scheduled workweek below 32 hours
of work.
(2)
Notwithstanding any other provisions of this agreement, in case of reduced production schedules that would
require the layoff of seniority employees . . . , the plant manager of each division and the bargaining
committee may negotiate a reduction of hours in the workweek, but in no event shall the work schedule
be less than 32 hours per week.
( 3)
Where practical, the company will not lay off employees until work falls below 32 hours per w eek. . .
C h a ra cteristic of Steelw orker agreem en ts was the requirem ent that any reductions
below 32 hours a week m u st be preceded by negotiations.
In event of d isagreem en t the
32 hours would rem ain the m in im u m , even if this n ecessitated a layoff:
(4)
In the event a decrease of work, other than decreases which may occur from day to day, results in the
reduction to an average of 32 hours per week for the employees in any department and a further decrease
of work appears imminent, which in the company's judgment may continue for an extended period and
will necessitate a decrease of force, or a reduction in hours worked for such employees below an average
32 hours per week, the management of the plant and the grievance committee will confer in an attempt
to agree as to whether a decrease of force shall be effected in accordance with this section or the availa
ble hours of work shall be distributed as equally between such employees as is practicable with due regard
for the particular skills and abilities required to perform the available work. In the event of disagreement,
management shall not divide the work in any department or group on a basis of less than 32 hours per week.
F o r ty -fiv e percent of the clau ses with reduced
the le v e l to which hours would be reduced:
hours
p rovision s
did not specify
(5)
If a reduction in the number of employees in the department is necessary because of a reduced volume of
work, then the employer shall, insofar as it is practicable to do so, equally divide the available work
among the employees in the department by a reduction of the weekly work hours.
(6)
When the company deems it necessary to curtail production, the union recognizes that it m aybe necessary
to reduce the hours of work in order to keep the work force intact as nearly as may be practicable.
This p rovides a degree of added flex ib ility , since a schedule fitted to the situation m ay
be determ ined by mutual consent.
Such clau ses w ere p articu la rly common in the c o m
m unications and retail trade in d u stries.
In com m unications a g r eem en ts, clau ses typically stated that layoff, p a rt-tim in g of
unspecified duration, or both would be initiated, and usually assigned the union a ro le :
(7)
Whenever, in the judgment of the company there exists a need for a program of layoffs and/or part-timing
affecting regular employees in any work group or groups, the company agrees to give the union 15 days
notice of its intention and to afford the union this period of time to be heard thereon.
Of
(usually
p la ce.
of m o re
the 347 agreem en ts referrin g to reduced h ou rs, m o re than a third lim ited
on an annual b a sis) the duration of this p ra ctice b efore layoffs could take
(See table 3. ) The m o st com m on period specified was 4 w eek s.
P eriod s
than 3 months w ere relatively uncom m on:
4
In States with relatively high unemployment benefits, and in companies paying negotiated layoff supplements, em
ployees may find paid idleness more attractive than the reduced income accompanying short hours.
4
(8)
In the event it is necessary to curtail operations, before reducing the number of conveyor molding lines,
the employer may, in the interest of maintaining a trained production force, reduce foundry operations
from 40 to 30 hours per week for a period of not more than 8 weeks; further, that departments subse
quent to molding operations will be regulated under the same principle of reducing the hours before
general reduction of production force.
(9)
For temporary reductions in production not exceeding 4 weeks in any one year, the normal workweek for
a work group, department, plant or all . . . plants may be reduced to four 8-hour days without involving
a seniority layoff.
(10)
If, in the company's opinion, business conditions require a reduction of the normal work schedule below
40 hours per week, such reduction may be made. However, if such reduced work schedule continues for
2 consecutive weeks, consideration will be given to laying off employees.
In one agreem ent, the period during which short hours w ere perm itted was lim ited
to the number of scheduled weeks of overtim e:
(11)
In the event production is reduced before laying off employees, the company can automatically schedule
3 short weeks of 32 hours for any department of unit 1 for each 2 weeks that such department has been
scheduled 48-hour weeks, or will work 48-hour weeks during the life of this agreement. The company
cannot schedule more than 4 short weeks in a calendar quarter.
R arely, two levels of reduced hours w ere indicated; the allow able duration of the
m easure depended on the number of hours scheduled:
(12)
For temporary reductions in production not exceeding 4 weeks, the workweek may be reduced before any
employees are laid off, unless otherwise extended by local plant agreement.
(a) For extended periods of reduced production exceeding 4 weeks, the workweek will be reduced
and/or employees will be laid off to comply with paragraph (c) below, unless otherwise extended by
local plant agreement.
(b) Both parties agree that it is desirable to give employees high annual earnings. It is recognized
and agreed that there are times when production and tooling require overtime and other times when not
enough work is available to give all employees with seniority a full week's work. It is mutually rec
ognized that to operate a plant at a schedule which gives employees less than 32 hours per week for
more than a month is unsatisfactory to both employees and the corporation and reductions below this
level are only justified by special conditions.
(c) Operation of a plant or any part thereof on a schedule of employment of less than an average of
24 hours per week for a period of more than 2 consecutive weeks, or less than an average of 32 hours
per week for a period of more than 4 consecutive weeks, shall only be by local written agreement with
the shop committee.
( 13)
During slack periods, work may, in the discretion of the mill, be shared by all employees on the opera
tions until the hours of work of such employees who are sharing the work fall below 32 hours per week
for 4 consecutive weeks, at which time layoffs shall be made according to the seniority provisions of
this section. Should the hours of work fall below 24 hours per week for 2 consecutive weeks, a layoff
shall be made according to the seniority provisions of this section,
A large prop ortion of the reduced hours clauses stated that the layoff of groups
such as probationary, p a rt-tim e, or tem porary w ork ers would p reced e introduction of
the short w orkw eeks:
(14)
When it becomes necessary for the company to curtail operations in any department • • • , the follow
ing procedure will be used: (1) Part-time employees will be laid off first; (2) probationary employees
will be laid off to the extent necessary to maintain a 40-hour week; and (3) when further curtailment of
operations becomes necessary, the company will reduce scheduled operations and hours of work to not
less than 32 hours from the start of the regular workweek, or it will lay off employees to maintain a
40-hour workweek, or will combine both procedures. If hours are reduced, such schedules will not be
continued for more than a total of 4 weeks in any 12 consecutive weeks, except by agreement between
the company and the union through the unit bargaining committee.
(15)
When it becomes necessary to reduce the working force at any central office, the company will take the
following steps in the order named, and to the extent required in that central office and in any other
central office or central offices handling the same type of traffic and located in the same building:
(1) Discontinue the regular use of occasional operators; (2) release temporary employees; (3) release
"term" employees, i. e . , those engaged for temporary work in anticipation of future force reductions; and
(4) lay off regular employees of less than 1 year of net credited service in the inverse order of seniority,
or distribute such work as may .be available for this group equitably among this entire group.
5
If further force reduction will be required . . . , the company and the /junior^ will discuss the advisa
bility of accomplishing the necessary force reduction by the introduction of part-timing, or by a com
bination of layoffs and part-timing. If part-timing or a combination of layoffs and part-timing is adopted,
there shall be a uniform reduction in the scheduled worktime of all regular employees in the office,
except where uniform reduction is not practicable. . . .
In a few con tracts, continued em ploym ent on a reduced hours basis was avail
able only to em ployees with a minimum length of s e rv ice , while em ployees with low er
sen iority w ere subject to layoff:
(16)
Employees with less than 3 years' service shall be laid off before the working schedule in a section is
reduced below 40 hours per week.
Thereafter, the working schedule in a section shall be reduced or additional employees laid off as may
be necessary to maintain the most efficient operation of the section. The decision as to whether to
redace the working schedule or to lay off additional employees shall be discussed by the company and
the union before the action is taken.
When the working schedule in a section has been reduced to 40 hours every other week, additional em
ployees shall be laid off as necessary to maintain that schedule.
((/)
In the event of a contemplated decrease in force because of lack of work, the company agrees that all
available work will be spread among the work force, provided that the workweek shall not be less than
32 hours. However, employees shall not have the right to share work with other employees with more
than 2 years* adjusted seniority, until they have acquired 2 years' plant seniority. Fluctuations of 2
hours or less in scheduled hours of incentive departments, or a subdivision thereof, shall not require the
sharing of work.
One agreem ent related the allow able reductions in hours to the em p loy ees' length
of s e r v ice .
Junior em ployees could be given the few est hours:
(18)
The desirability of spreading work during extended periods of curtailment is recognized by both parties
hereto.
When necessary in the judgment of the works manager to curtail hours of work during such times, em~
ployees, subject to /^qualifying factor^* having: (1) Fifteen or more years' seniority shall not be scheduled
for less than an average of 38 hours per week; (2) 10 to 15 years' seniority shall not be scheduled for
less than an average of 36 hours per weekj (3) 5 to 10 years' seniority shall not be scheduled for less
than an average of 32 hours per weekj and (4) less than 5 years' seniority may be scheduled for less
than 32 hours per week pending further reduction in force.
Should management find it impractical to follow these arrangements, they shall review the matter writh
the union prior to making exceptions.
This section shall not be construed as a guarantee of employment.
In contrast, sev era l contracts sp ecifica lly barred any reduction in hourly sch ed
ules to fo re sta ll la yoffs:
( 19)
If work becomes slack, the company shall not reduce the workweek for the plant to less than 40 hours,
but shall make layoffs in accordance writli occupational group and overall seniority . . . so as to main
tain a 40-hour week and provide employment to those with the greatest overall seniority.
(20)
It Is recognized that the company's business is subject to seasonal fluctuations, and the company agrees
that during periods of short production, no regular employee shall be required to work less than 40 hours
for the purpose of spreading employment. It is further agreed that there shall be no reemployment of
help until such time as those working shall average 40 hours per week . . .
D ivision of w ork . P rov ision s for dividing the available w ork, rather than hours
of w ork, w ere presen t in 82 agreem ents, or 18 percen t of those having worksharing.
(See table 1. ) Virtually all w orksharing provision s in the apparel industry, which is
ch a ra cterized by p iecew ork and seasonal product demand, w ere of this type.
They
w ere ra rely encountered in industry groups other than apparel, leather goods, and
textiles.
Some of the agreem ents cle a rly indicated that the em phasis was on equal earn
ings rather than actual hours of work. The fir s t illustration below provided the em
ploy er a degree of flexib ility related to em ployee com petency in allocating the work,
while the last prohibited layoffs unless earnings declined to a sp ecified level:
6
(21)
If a member of the association is unable to supply its workers with full-time work, the available work
in the shop shall be divided as equally as possible amongst all of the workers in said shop who are
competent to do the work in the respective crafts.
The employer, however, is not to be deemed as dividing its work unequally if the division is not made
on any given day, due to a worker's competency to work on certain styles. It is obliged, however, to
divide its work so that the earnings of the workers in the slack period show no great difference within
2 week periods.
(22)
It is agreed that in slack periods, work shall be divided equally among all workers in the various depart
ments; the division of work to be based on earnings. In the division of work, there shall be no dis
crimination against any worker either as to quantity or quality.
(23)
Whenever there is insufficient work, the available work shall be divided equally among all employees in
the group, and there shall be no layoffs until lack of work will reduce the weekly earnings of every em
ployee in the group as follows: In the case of hourly paid groups below $75, in the case of piecework
groups below $90.
It was com m on fo r such clauses to substitute entirely for layoff p rov ision s, with
all em ployees apparently assured of a share in any work available during the slow
season:
(24)
At all times there shall be an equal division of work among all the w orsts in each and every branch of
work in a shop. A shop force is not to be reduced on account of lack of work at any time, but what
ever work there may be shall be equally divided among all the workers, during the "slack" as well as
during the "season", among all workers qualified to do such work. The equal distribution shall be
arranged between a shop committee of the workers and a representative of the employer.
(25)
At all times, work shall be distributed to the workers as equally as possible. No worker shall be laid
off during the slow season because of lack of work, but whatever work there is shall be equally dis
tributed among the workers in each branch of work in the shop.
A few apparel agreem ents indicated that the division of work might be effected
by rotating or alternating the available work among the w ork ers, a p roced u re som e
what sim ila r to the rotation of layoffs d escrib ed in the follow ing section, but referrin g
to the allocation of raw m aterials:
(26)
If the employer is unable to supply his workers with work full time, the work available in the shop shall
be divided equally as possible among all the workers competent to do the work.
In such circumstances, workers may be divided into groups which will be supplied work alternatively.
If there is not a full weeks' work for all cutters in the shop, the work available shall be divided equally
among them by the week.
In p ra ctice , the m ore skilled w ork ers who find their earnings wholly inadequate
may seek em ploym ent elsew h ere. Perhaps for this reason, som e division of work
p rov ision s m entioned the p ossib ility of a layoff.
As in the second exam ple, joint
union-m anagem ent approval might be required b efore layoffs could occu r:
(27)
The principle of equal division of work is recognized, and during the slack period, work shall be
divided as far as practicable, without impeding production, among all the employees by crafts or de
partments. In the event that equal division of work becomes unfeasible, then the seniority principle
shall be used as a guide in making layoffs, by crafts or departments. If the employer suspends work
in whole or in part during the slow season, it shall upon resuming work give employment to the em
ployees it has laid off before engaging any new help.
(28)
In the event that a member of the association has insufficient work for all the window cleaners in his
employ, then, and in that event, the work may be distributed equally amongst his employees insofar as
is practicable with the knowledge, consent, and approval of the union and employer, but if due to
such lack of work, it is agreed by and between the union and the employer that he reduce the number
of window cleaners in his employ, then, in such event, the order of layoffs shall be by the rule of
seniority, i. e , , the last man hired shall be the first man to be laid off.
Although la yoff p rovision s w ere relatively uncom m on in the apparel
statement below suggests that the in du stry’s slow season could result in
total or partial unemployment fo r som e w ork ers.
The clause established
perm itting the unneeded w ork ers to be absent without loss of em ploym ent
(29)
industry, the
periods of
a proced ure
status:
It is understood that it shall not be necessary for the workers to report for work every day and to
remain in attendance in the shop at such time during the dull season when there is no work for them.
Workers not reporting at least once a week to the shop chairman and employer shall be considered out
of the staff, unless such workers can give sufficient reason for their absence to the employer and the
union.
7
Specific tim e lim itations on the duration of division of work p roced u res w ere
rarely encountered.
The follow ing, how ever, lim ited worksharing to a m aximum of
60 days unless extended by mutual agreem ent:
(30)
When a temporary slackness of work occurs due to a temporary reduction in orders, furnace repairs, e tc .,
the employees shall not be laid off, but the work shall be equally divided among the employees com
petent to perform it. Temporary shall be defined as not more than 60 calendar days, unless extended
by mutual agreement.
Rotation of la y o ffs . N early 5 percent of the agreem ents having worksharing
clau ses, coverin g only about 2 percen t of the w ork ers, provided that short, s p e cific
periods of layoff be rotated equally among all the w ork ers.
(See table 1. ) Rotation
of em ploym ent was som etim es an optional p roced u re, alternative to layoff or reduction
in hours, as%in the second and third exam ples below:
(31)
The employer agrees that, in the event of slackness of work, he will rotate employment among his •
employees (including apprentices) doing the same type of work, insofar as this may be practicable.
(32)
When the foreman finds it necessary to reduce the force, employees may be rotated or laid off as the
nature of the work requires . . .
(33)
The employer agrees to cooperate in every way possible to retain regular working forces. When business
conditions in an individual company necessitate, the employer agrees to make every effort to distribute
the work by rotation of employees or reduction of the standard workweek in lieu of a reduction of the
working force, provided such changes are consistent with efficient operation of the business, ftrior to
any retrenchment, the employer shall give the representatives of the union an opportunity to meet with
them and discuss any proposed retrenchment, but the final determination of the retrenchment program
shall be with the employer.
The follow ing clause required approval by both the em ployees and the union b efore
rotation could be introduced:
(34)
In the event of a layoff, and if feasible, employees will be rotated provided they so consent and the
union approves.
As with division o f w ork p ro v isio n s, m ost rotation p rov ision s established no
lim itations on duration.
H ow ever, such time lim its appeared occa sion a lly :
(35)
Where a reduction of force becomes necessary due to uncontrolled conditions, no worker is to be per
manently laid off until each worker in the particular department (where a reduction is contemplated)
has taken off 4 consecutive weeks.
(36)
During temporary slack periods occurring in the months of December, January, February, and March,
layoffs of 1 day may be rotated among regular employees commencing with the employee having least
seniority. In the event of such rotation, the senior employee shall receive not more than 10 such
single days of rotated layoff and after such limit is reached, employees shall be laid off on the basis of
seniority. The employer and the local union may agree to alternate rotation plans in any particular
situation, in which case such agreement must be in writing.
R estriction s on overtim e
Layoffs may som etim es be avoided or m inim ized during slow periods by elim ina
ting or restrictin g overtim e.
Of the 1,'»845 agreem ents exam ined, 134, or 7 percent,
covering 676,500 w o rk e rs, contained clauses establishing such p roced u res. 5 M ore
than 90 percen t w ere found in manufacturing agreem ents, m ost frequently in the m a
chinery (except e le c tr ic a l), prim ary m etals, and apparel industries.
Over tw o-thirds
of all w ork ers cov ered w ere in the latter two industries.
(See table 4. )
It was rare to find a p rov ision requiring total elim ination of overtim e, either
plantwide or in a le s s e r unit, during periods of layoff:
(37)
When it shall become necessary to reduce the force, hours of work per week shall be reduced to 40
hours before the force is reduced.
The parties usually agreed that circu m stan ces might a rise in which overtim e
must be scheduled even though em ployees w ere laid off:
5
By comparison, less than 2 percent of 1,743 major agreements current in 1954^-55 contained such provisions (Analysis
of Layoff. Recall, and Work-Sharing Procedures in Union Contracts. BLS Bulletin 1209), This does not include all provisions
that tend to limit schedules during slack periods. Many agreements contain general provisions limiting overtime work. Ap
plication of the reduced hours provisions discussed previously should also eliminate most overtime and weekend work.
8
(38)
The company may find it necessary, at times, in order to provide adequate service to the company's
customers or for efficient plant operations, to transfer or lay off employees while the working schedule
exceeds the basic workweek in any department or subdivision thereof. The company will discuss fully
any such transfer or layoff in advance with the union, after which the company may put such transfer
or layoff into effect subject to the union's right to advance any objections immediately into step 4 of
the grievance procedure.
(39)
It is understood and agreed that the intent and purpose of this agreement is to provide the maximum of
work opportunity for seniority employees during periods of lessened demand for the company's products.
Accordingly, it is agreed that the workweek shall not exceed 40 hours per week as long as seniority em
ployees are laid off from the plant, except that it is permissible to work overtime for any group where
the additional work would not provide a job for the employees laid off from the plant. The hours of
work for the plant may be increased after all seniority employees laid off from the plant have had one
opportunity to return to work, or when enough jobs are bid to provide job opportunities for each person
on layoff status.
This agreement shall not be construed as a bar to occasional unscheduled overtime in a department or
departments when such occasional unscheduled overtime is required to meet customer requirements for
delivery, or as a bar to overtime when such overtime does not result in keeping a laid off employee
out of a job. The company agrees to exert every effort to meet its customers' requirements within the
40 hours workweek during a period when seniority employees are laid off from the plant.
Som etim es management was perm itted to schedule overtim e only fo r a sp ecified
p eriod o r number of hours during slack p eriod s:
(40)
Overtime may be worked in any classification as follows: When classifications are below the normal
complement, each classification may work 112 hours per calendar month at the discretion of the
company.
(41)
There shall be no overtime worked within the job classification of a department of a plant from which
people have been laid off because of reduced need for production, except in cases of emergency or for
temporary periods not in excess of 4 successive weeks.
R estriction s on weekend work during layoff periods appeared in a few agreem ents,
often accom panied by m ore general restriction s on overtim e.
That short workweek or
overtim e lim itations usually apply to weekend work as w ell may help to explain the paucity
of these p ro v isio n s:
(42)
If it should appear necessary to curtail employment for seasonal or other temporary reasons, in the
interest of any equitable distribution of work, and to guarantee greater economic security for employees
covered by this contract, the company agrees . . . to refrain from . . . labor on Saturdays, Sundays,
or holidays.
R estriction s on subcontracting
The con tracting-ou t of w ork has often been an area of union-m anagem ent d is
agreem ent.
While many unions recogn ize m anagem ent’s right to occa sion a lly sub
contract a job requiring sp ecia lized skills and equipment not p o s se ss e d by the company
or its em ployees, they oppose the letting of work that could be done by the fir m 's own
w ork fo r c e .
In p a rticu la r, unions are concerned if w ork norm ally p erform ed by its
m em bers is contracted to firm s having in fe rio r wages or working conditions, o r if such
action m ay result in reduced earnings or layoffs of regular em ployees.
The presen t study is con cern ed with lim itations on subcontracting during periods of
slack w ork o r la yoffs. 6 Of the 1,845 agreem ents exam ined, 18 p ercen t, covering 27
percen t of the w ork e rs, contained such lim itations.
(See table 5. ) These w ere found
in alm ost 80 percen t of apparel agreem ents, and w ere also contained in many p rim ary
m etals, transportation, and utilities agreem ents.
About one p ro v isio n in eight, m ost of them in apparel agreem ents, perm itted
subcontracting only if the fir m 's presen t work fo rce was "fu lly supplied with w ork":
(4 3 )
An employer with an inside shop may designate contractors only if his inside shop is fully supplied with
work.
(44)
The employers shall have no work performed outside their own shops unless the workers of their inside
shops are fully supplied with work, and unless such outside shop is under contract with £Die union/
and has complied with the terms thereof.
^ For a full analysis of subcontracting provisions, see Major Collective Bargaining Agreements:
letin 1425-8.
9
Subcontracting. BLS Bul
M ore than on e-th ird of the clauses allowed subcontracting that did not result in the
layoff or part timing of regular em ployees.
These p rov ision s w ere frequently found in
utilities industry agreem en ts:
(45)
The company agrees to notify the union of the contemplated hiring of any outside contractors to do
work normally done by the regular employees covered by this agreement.
In instances where it is necessary to contract for equipment, during periods of emergency, such equip
ment will be manned by regular company employees if and when they are available and qualified to
operate such equipment.
It is the sense of this provision that the company will not contract any work which is ordinarily done by
its regular employees, if as a result thereof, it would become necessary to lay off any such employees.
(46)
The company agrees that it will not contract any work which is ordinarily and customarily done by its
regular employees, if as a result thereof, it would become necessary to lay off or reduce the rate of
pay of any such employees,
(47)
The company may contract out any maintenance, repair and/or renovation work provided permanent
employees covered hereby are not terminated or laid off temporarily as a direct or indirect result of
such work being contracted outj nor shall any work contracted prevent the recall of employees on the
recall list.
In som e instan ces, the parties agreed that circu m stan ces might ju stify subcon
tracting even though this could result in the layoff of regular em ployees:
(48)
The company agrees that it will not contract any work that its employees can efficiently and expedi
tiously perform and which is ordinarily and customarily done by its regular employees, if as a result
thereof, it would become necessary to lay off or reduce the hours worked below 40 hours per week,
provided that the cost of performing such work by company employees does not exceed the cost of such
work performed by outside contractors.
Subcontracting was lim ited during periods when em ployees w ere laid off in nearly
on e-th ird of the con tracts.
In alm ost all of these cla u ses, it was either sp ecified or
im plied that outside person nel could be brought in if the la id -o ff w ork ers w ere not
qualified to p e rfo rm the w ork required:
(49)
When maintenance department employees are laid off or working in other departments, the company
will not hire outside contractors to come into the plant and do the work. A violation of this obligation
shall result in pay to the appropriate employees for the time lost if the work was of kind, quality, and
amount normally performed by the maintenance department.
(50)
It is the intention of the company to provide full and regular employment for all its employees except
during periods when conditions necessitate reduction in plant output. In accordance with this intention,
the company agrees that work performed by members of the unit shall not be contracted out as long as
the employer has the proper and sufficient equipment, and so long as there are qualified employees
available from among those present and/or laid off employees eligible to return to work under the
recall provision.
(5 1 )
The company will not contract work out when there are qualified men in the craft involved on the
seniority list unemployed who can do the work. This is not to be interpreted as including new
construction.
In the follow ing cla u se, subcontracting of work requiring sp ecia lized skills was
perm itted, but la id -o ff em ployees w ere to be reca lled fo r w ork requiring less skill:
(52)
Prior to using an outside contractor for work which does not come within the above categories [ new
construction, installation, work requiring special skills or equipment, certain emergencies/, which
occurs on an infrequent basis and is of an unskilled nature, the company will use employees in layoff
status, provided they are otherwise qualified and have indicated their availability for this type work by
maintaining current registration at the personnel office.
In another variation, the company could, under given circu m sta n ces, contract work
out, but in the event of a business decline, the work had to be p erform ed by the c o m
pany's own em ployees:
(53)
The company will utilize its manpower, machines, and facilities to meet production schedules. When
ever the volume of work, or the time limits for its completion precludes the possibility of effectively
using either our own employees, or our equipment, then necessary subcontracting will take place. The
company will endeavor to restrain its actions in this regard so as to avoid situations detrimental to the
interests of the employees
10
However, should a decline in business activity take place which results in a reduction of department
work schedules of less than 40 hours per week, or a layoff of said employees, then the company shall
recall to the plant such work of a nature regularly performed by the affected employees, to restore
the work schedule to 40 hours per week.
A few clau ses banned subcontracting that would either result in layoff or prevent
the re ca ll of em ployees previou sly laid off:
(54)
The corporation recognizes the general principle, applicable to all departments, that in the case of
work which (a) has customarily been done by employees in the bargaining unit, and (b) for which the
company has the required equipment and personnel (including any layoffs with seniority), such work
will not be contracted out if the effect of contracting the work out would be either (1) to result in
the layoff of any employees with seniority, to their disadvantage or disadvantage of remaining employees
who might thereby be reduced in rate of pay or denied upgrading, or (2) would prevent the recall
from layoff of any employee having 2 or more years' seniority at the time of layoff.
(55)
The institute will notify the union, as far as is practical in advance, before bringing in /contractor
personnel/ The institute will promptly notify the union of the names, location and starting dates of
such personnel.
Such personnel will not be brought in if there are qualified bargaining unit employees on layoff who
are willing and able to perform the work, nor will they be brought in if this would cause any mem
ber of the bargaining unit to be laid off.
The subcontracting of w ork during slack periods or layoffs was to be an issue fo r
union-m anagem ent d iscu ssion o r negotiation in about on e-fifth of the agreem ents which
dealt with the subject.
M ost of these p rovision s w ere found in the prim ary m etals in
dustry, w here perm anent bipartite subcontracting com m ittees w ere the rule:
(56)
Production, service and day-to-day maintenance and repair work within a plant as to which the
practice has been to have such work performed by employees of contractors may continue to be
contracted out, unless mutually agreed by the contracting out committee. However, in the event
reduced operations are anticipated in the seniority unit to which the work would most appropriately
be assigned, management shall, prior to contracting out the work, give consideration to the assignment
of such woik to employees within said unit providing such work will not involve overtime for such
employees or alter schedules for the completion of other jobs.
(57)
The company agrees not to subcontract work where it would result in the layoff of employees working
without first giving the union notice and affording the union the opportunity to bargain concerning
such change. The union agrees that in bargaining, full consideration and weight will be given to
economic savings and business needs. Where such savings or- needs are substantial, they shall be
controlling. The company agrees that the provisions for the laid off employees shall be mutually
acceptable to the union and the company.
R estriction s on new h ires
W here sen iority is a fa ctor in re ca ll, it is im p licit that la id -o ff em ployees will
be re ca lled or at least be given fir s t consideration fo r v acan cies, provided they are
capable of doing the work, b efore new em ployees are hired.
A large num ber of agreem ents provided m ore explicit safeguards, sp ecifica lly
lim iting or prohibiting hiring during slow p eriod s, or when regular em ployees w ere
on layoff.
Of the 1,845 agreem ents exam ined, 653 (35 percen t), covering 3.1 m illion w ork
ers (41 percen t), lim ited o r prohibited hiring during slack or layoff p eriod s.
(See
table 6. ) These re strictio n s, found in every industry, w ere m ore prevalent in manu
facturing than nonmanufacturing, again largely because of the relative absence of layoff
system s in construction agreem ents.
Usually, the hiring restriction s applied only during layoff p eriod s.
In 15 a g re e
m ents, how ever, hiring was lim ited, even though layoffs had not yet taken place, during
periods of reduced hours o r production:
(58)
In case of a shortage of work within a department but not requiring a general layoff in that depart
ment, . • . the company will discontinue hiring new employees for work similar to that done in the
department where shortage of work occurs.
(59)
No new, temporary, or part-time employees shall be hired by the employer or permitted to work in a
department on any job with respect to which "employees with seniority, " as defined in this agreement,
are on layoff or who are working a reduced workweek as provided herein, unless the employees with
seniority refuse to do said job, or work.
11
(60)
No new help shall be hired while employees are receiving less than 38 hours per week, except during
an emergency that would require additional temporary help.
The g reatest num ber of r e strictiv e clauses (355, covering 1. 3 m illion w ork ers)
lim ited hiring while w ork ers w ere laid off, but indicated that new em ployees might be
hired under sp ecified conditions.
Usually, the p rov ision s perm itted exceptions, as in
the p rev iou sly cited subcontracting cla u ses, in the event the la id -o ff w ork ers w ere not
qualified to do the w ork required:
(61)
. . . no new men will be hired until all available, competent, and regular employees have been
afforded an opportunity to return to work, except that should occasion require the services of someone
especially qualified for a certain job or position which cannot be filled from the employees in the
plant, this rule shall be modified to that extent.
(62)
New employees shall not be hired while employees with seniority are laid off unless such laid off em
ployees do not have the ability to satisfactorily perform the available work, and the new employee
has such ability. The company will not hire a new employee for training if an employee entitled to
recall could be trained to perform the job in a reasonable period.
(63)
When new employees are required in any group under the jurisdiction of Division 998, employees from
any of these groups, who have been laid off due to lack of work, shall be given preference over out
side applicants if they can qualify for the positions.
In the follow ing, the em ployer was lim ited to hiring a s p e cific num ber of skilled
w ork ers in p re fe re n ce to recallin g those on layoff:
(64)
The company shall have the right, without regard to the seniority list, to hire not more than five
new employees during the period of this agreement, without regard to the fact that there may be
employees laid off having seniority, for the purpose of enabling the company to get suitable help on
an occupational basis for special operations. It is understood by the company and the union that
these employees shall be exceptional employees whose work, in the judgment of the management, is
of exceptional value. It is further understood in this connection, that these exemptions shall apply
only when employees out of work having seniority are not qualified to perform the type of work re
quired by the company . . .
An additional 156 p ro v isio n s, w idely distributed by industry, affording even g rea ter
p rotection to the la id -o ff em ployees, perm itted hiring only after all available la id -o ff
w ork ers had been given the opportunity to return to work.
The third clause illu strates
a com m on p ra ctice — notice by reg istered m ail with a tim e lim it on the hiring r e s t r ic
tions:
(65)
The senior regular employee laid off shall be the first person hired if available. In no event shall
new employees be hired if laid off regular employees are immediately available. If new employees
are hired, t h e y shall b e displaced when l a id off e m p l o y e e s b e c o m e a v a i l a b l e .
(66)
Rehiring shall be in inverse order of seniority. It is specifically agreed and understood that no new
help shall be hired until all such employees shall have been recalled.
(67)
Employees on layoff status will be notified by registered mail of openings in the job from which they
were laid off by letter sent to their last known address, and no new employee will be hired for such
opening until the fifth working day after such notice has been sent. The union will be sent a copy
of all such registered letters to laid off employees.
A m inority of the clau ses re stricted or prohibited hiring only in the units from
which em ployees had been laid off.
E m ployees apparently could be hired into unaf
fected units:
(68)
job classification seniority shall govern recall. After layoff, no employees shall be
fication or group until all employees laid off from that classification or group have t
opportunity to return to work in inverse order from layoff.
in a classi
ven an
(69)
No new employees will be hired into a job classification until all la ii off employees holding seniority
on that classification have been recalled to work.
Often, the lim itation applied to a b roa d er area, and w ork ers laid off in one unit
w ere given p r e fe re n ce ov er new h ires fo r openings in other units of the plant:
(70)
When layoffs occur,
opportunity of being
erence before hiring
their own during the
laid off workers, starting with those having highest seniority, shall be given the
transferred to vacancies which exist in any other department; and shall have pref
new employees for any vacancies which may occur in any department other than
period of layoff, provided they are able to do work assigned efficiently.
12
(71)
No new employee will be hired in any classification until all laid off employees, who have the abil
ity to do the work, have been given an opportunity to return to work.
(72)
The company agrees that before it hires employees who have not previously worked for the company,
it will first consider filling any job vacancies with employees who have acquired seniority . . . who
are then on continuous service layoff status . . . who are qualified to perform the duties of the job
vacancy, even though such laid off employees are in departments or groups of departments established
by the company, other than that in which the job opening exists.
An additional 125 agreem ents, applying to 1.3 m illion w ork ers, accord ed la id -o ff
w ork ers preferen tia l treatm ent, not only at their home plant, but at other plants of the
com pany: 7
(73)
An employee covered by this agreement who has been on continuous layoff for 60 days or more, and
who has had 2 or more years of continuous service as of the date of his layoff, and who is further
not eligible for immediate pension and social security, shall be given priority over new hires for job
vacancies in the bargaining units listed in appendix B hereof which are represented by the union.
(74)
In the event one department or plant is laying off employees and another department or plant is hir
ing permanent employees, the laid-off employees will be given the opportunity, based on seniority,
for employment in the plant or department which is hiring, in accord with the ^bidding rules/.
Layoff of sp ecia l ca teg ories of w ork ers
It is som etim es p ossib le to lim it layoffs to probationary em ployees (i. e. , those
recen tly hired who have not yet acquired sen iority), tem porary or p a rt-tim e em ployees,
train ees, or other groups con sidered le ss firm ly attached to the com pany's labor fo r c e .
As indicated in table 7, 405 agreem ents covering nearly 2 m illion w ork ers had such
arrangem ents. 8 N early half of the provision s fo r layoff of sp ecial em ployee ca teg ories,
coverin g th ree-fou rth s of the w ork ers, w ere found in four industries— transportation
equipment, m achinery (except e le c tr ic a l), com m unications, and transportation.
M ore than half (213) o f the p rov ision s lim ited the initial layoff to probationary
em ployees alone.
In part, this is because nearly all newly hired em ployees serv e a
probationary p eriod , w hereas many firm s do not h ire em ployees fo r tem porary or
p a rt-tim e work. 9 The clauses w ere m ost often found in manufacturing agreem ents,
particu larly in m achinery and transportation equipment.
The follow ing illustrations
allow ed no exceptions to the p roced u re, which appeared to be plantwide:
(75)
When a reduction in force is made, probationary employees will be laid off first.
(76)
No employee with seniority shall be laid off until all probationary employees have been, if necessary,
laid off.
Som etim es the layoff of probationary em ployees was lim ited to w ork ers not deem ed
essen tial to operations o r to units d ire ctly affected by the slack w ork p eriod :
(77)
Probationary employees within a department shall be laid off first, except that a probationary em
ployee may be retained if he or she is in a job essential to the production process of the plant as a
whole, and no seniority employee is qualified to perform the work.
(78)
For the purpose of an indefinite layoff of employees in connection with decreasing the work force,
probationary employees will be terminated, or seniority employees will be laid off as follows:
(a) Probationary employees throughout the Job Family Group affected will be terminated first,
provided that there are available employees remaining in the group affected with seniority who are
willing and qualified to perform the work of the probationary employees to be displaced.
(b) Thereafter, probationary employees in other Job Family Groups in the seniority unit affected
will be terminated, provided that there are available employees remaining in the group affected with
seniority who are willing and qualified to perform the work of the probationary employees to be dis
placed.
(c) Thereafter, employees in the Job Family Group affected having the least seniority will be laid
off, provided that there are available employees remaining in the group affected who are willing and
qualified to perform the work of the employees to be displaced. . . .
7 The proportion of agreements having detailed layoff provisions affording laid-off employees preferential hiring at other
plants-g-nearly 9 percent—was up sharply from the fewer than 1 percent having such arrangements in the 1954—55 study.
This underscores a problem in programs for employing and training the hard-core unemployed. As probationary or low
seniority trainees, these workers are vulnerable to layoff, unless special provision is made.
9 In addition to the clauses specifically requiring layoff of probationary employees, most provisions in which seniority is
a factor in layoff have a similar effect.
13
An additional 54 agreem en ts, again m ostly in m anufacturing, provided fo r layoff of
probationary w ork ers and additional groups:
(79)
When work is short in the plant, the company shall terminate the employment of temporary, parttime, and probationary employees in the bargaining unit, after which employees with seniority may
be laid off, except that any temporary, part-time, or probationary employee may be retained on his
job if no other employee being considered for layoff or transfer due to shortage of work is capable
and willing to do such job. Such retained employee shall be designated as a ’’retained employee”
and his name shall be placed on a "retained list. ”
(80)
The company agrees to recognize the principle of seniority in all layoffs and recalls to work as speci
fied below:
In the event that a reduction of the work force is necessary, probationary employees shall be laid
off first followed by extra part-time employees, regular part-time employees, and then regular full
time employees within each store. In all instances, except probationary employees, layoff shall be
made by seniority on the basis of length of service writh the company in the store. . . .
(81)
When a reduction in the working force becomes necessary, all probationary, temporary, and part-time
employees will be laid off or terminated as the case may be. If thereafter a further reduction is re
quired, layoffs shall be in the inverse order of an employee's departmental seniority, provided the re
maining employees have the ability as defined herein to perform the work required satisfactorily and
efficiently.
Since probationary em ployees usually have no job protection under the agreem ent,
as illustrated by the follow ing cla u ses, it is likely that they usually w ill be the fir s t to
be laid off even though the agreem ent does not so provide:
(82)
The company may lay off or discharge newly hired probationary employees without limitations.
(83)
New employees shall be considered probationary employees for the first 60 days, and not subject to
the provisions of this contract. During this period, the company may at its discretion demote, trans
fer, layoff or dismiss such probationary employees.
T em porary em ployees alone w ere designated in 55 agreem ents, many of them in
the com m unications industry.
An additional 55 agreem ents stipulated layoff of tem po
rary em ployees, and probationary or other groups as w ell: 10
(84)
Temporary and occasional employees shall be laid off first, provided, however, that such temporary
or occasional employees may be retained or employed temporarily to meet peak load situations, or
to provide required temporary assistance.
(85)
In the event of a reduction in force, temporary and part-time employees shall be the first to be laid
off.
Initial layoff p roced u res w ere applicable to p a rt-tim e w ork ers in about 14 percent
of the con tracts.
This was the only category named in 17 agreem ents, while another
39 agreem ents applied to pa rt-tim e w ork ers and other groups.
Many of these w ere
also in com m unications:
(86)
When management decides it is necessary to initiate force adjustment measures, probationary, limited
part-time, temporary, term and regular part-time employees in the appropriate work force will be
laid off first, except as otherwise provided in this article.
(87)
. . .
It is agreed that no full-time employee will be laid off in those departments using part-time
employees without the agreement of union.
P ro v isio n s in 37 agreem en ts, or 9 percen t of the con tracts, applying to about
380,000 w ork e rs, required that during work fo r c e reductions, m oonlighters (that is,
em ployees holding two or m ore jo b s) be laid off firs t reg a rd less of seniority (table 7).
Found alm ost exclu sively in T eam ster trucking agreem ents, such clauses would rem ove
only those em ployees lo o se ly attached to the com pany, since the m oonlighter with suf
ficien t seniority need only give up his other job to avoid layoff:
(88)
In the event of layoff, employees who have regular outside employment shall be first laid off regard
less of such employee's seniority standing, unless such employee immediately terminates such outside
employment. In the event there are two or more employees having regular outside employment, the
employer shall lay off the employee having the latest date of hire.
10 The term "temporary” may actually refer to probationary workers in some agreements. Where no clue was available
as to the precise nature of the group, the clause was classified in accordance with the term used in the agreement.
14
Any employee so laid _off shall, as a condition of recall, terminate other regular employment which
he may have, unless /other manpower is not available/.
T ra in ees, either alone or in com bination with other groups, w ere firs t to be laid off
in 19 agreem ents. The definition of trainee was seldom spelled out in the agreem ents:
(89)
In the event of a layoff in the classification in which there are trainees, trainees shall be laid off
first. In no event shall an employee with seniority . . . be laid off while a trainee remains in
the affected classification.
(90)
When it become necessary to have a reduction of force, employees in the occupations affected shall
be laid off in accordance with the "principle of seniority, " provided that the employees retained are
capable of performing the available work. Probationary employees and trainees in such affected o c
cupations shall be laid off first.
Unique in the study w ere the two clauses below ; in one, interplant tra n sferees,
and in the other, w ork ers over 65, w ere sp ecifica lly slated fo r layoff.
Although the
latter agreem ent stated no com pu lsory retirem ent age, application of the layoff clause
might tend to trig g e r retirem ent, since w ork ers this age are eligible fo r a pension:
(91)
In the event a force reduction is made at a plant or factory of the corporation at a time when em
ployees in one or more of the listed categories are at work in that plant or factory, the force reduc
tion shall be made from the employee categories in the designated sequence:
Sequence
First
Second
Third
Employee category
Temporary employees
Probationary employees
Interplant transferees
provided, however, that employees retained at work under the application of the terms of this para
graph have the requisite qualifications for the available jobs.
(92)
Employees who are 65 years of age or over shall be laid off before other employees with less seniority.
Still other agreem ents provided that regular em ployees with less than a sp ecified
length of s e r v ice be laid o ff b efore other seniority em ployees:
(93)
After probationary employees have been laid off, employees who have less than 6 months service in
the occupation will be laid off according to their seniority . . .
Role of the union in p rov ision s fo r
forestallin g or m inim izing layoffs
As noted in previou s illu stration s, many of the p rov ision s establishing p roced u res
fo r avoiding layoff or lessening its im pact assigned a role to the union.
The p rev a l
ence and degree of union participation varied with the type of proced u re:
Provision for union participation
in agreements discussing layoff
Type of procedure
Percentage of
agreements
Percentage of
workers
62
29
59
39
13
14
72
37
76
40
15
20
Reduction in hours----- --------- ---Division of work or rotation — —
Restrictions on work schedules---Limits on subcontracting-—-------Restrictions on new hires---- ----Layoff of special groups---- -------
As the tabulation indicates, union participation clauses m ost often w ere found in
provision s fo r reducing hours or lim iting work schedules, and w ere not nearly as com m on
in prov ision s pertaining to hiring re striction s or the layoff of sp ecial groups.
M ore
ov er, under the first-n a m e d p ro v isio n s, union-m anagem ent discu ssion or agreem ent
was usually requ ired, while the last-n am ed p rov ision s quite com m only lim ited the union
role to notification of the p rop osed action.
One reason fo r the much higher prevalence
of clauses fo r union participation in reduced hours or overtim e provision s is that the
union and the m a jority of its m em bers may at tim es wish to deviate from the term s of
the agreem ent— a situation le ss likely to occu r regarding hiring p ra ctices o r layoff of
15
sp ecia l groups.
F or exam ple, if a business upturn appears im m inent, the union may
agree to extend a p eriod of reduced hours somewhat beyond lim its stated in the a g re e
ment.
If, on the other hand, it is known that m anpower needs w ill be curtailed fo r a
lengthy p eriod , the union may p r e fe r to bypass the reduced hours p rov ision s and initi
ate layoffs im m ediately.
In other instances, the union may wish to negotiate regarding
levels of reduced h ou rs, units in which hours are to be shortened or overtim e r e
stricted , etc.
Although m ost com m on in w ork-scheduling p rov ision s, requirem ents for
agreem ent or d iscu ssio n w ere, o f co u rse, som etim es found in other p roced u res fo r
forestallin g la yoffs.
The highest o rd e r of union participation, and also the highest o rd er of r e s t r ic
tion on m anagem ent, is the requirem ent fo r mutual agreem ent p r io r to initiating the
p roced u re.
The fir s t clause below required this in writing:
(94)
When it becomes necessary to reduce the workweek below a scheduled 40 hours for any period of time
due to reasons beyond the control of management, the workweek may be reduced below 40 hours by
mutual agreement in writing between the company and the negotiating committee.
(95)
Before any employee with seniority is laid off for lack of work, the company and the union shall de
cide, by mutual agreement, whether the plant work schedule shall be reduced below 40 hours per
week or employees laid off in accordance with this contract.
(96)
The company will, insofar as practicable, shorten the workweek to accommodate as large a number
of employees as possible when work is slack. Before any change in the present 40-hour week is es
tablished, it shall be mutually negotiated by the company and the union.
In som e instances the m ethods and details, rather then the advisability of in tro
ducing the p ro ce d u re , w ere subject to discu ssion or approval:
(97)
In cases where the surplus force condition in an office cannot be eliminated by the methods specified,
time off not in excess of 1 day per employee per week may be shared among the employees, but the
method of sharing time off, and the extent to which the entire force or some particular group of em
ployees shall participate, will be determined on a local, district, division or State area basis, as may
be decided by negotiation between the company and the union.
In cases where the surplus force condition in an office is of such proportions that the application of
the measures specified above cannot entirely correct the situation, the procedure to be followed shall
be decided by negotiation between the company and the union.
Other p rov ision s only required that the management d iscu ss the action with the
union, with no stated obligation to reach an agreem ent:
(98)
The company will inform the union of the general conditions which exist when a short workweek is
required and will discuss it with them. If th e s e conditions r e q u ir e additional short w o r k w e e k s , the
union's position and comments on the subject will again be thoroughly evaluated and given careful
consideration in connection with any company decision.
(9 9 )
It is understood that in the conduct of its business, the company will, on occasion, have need to sub
contract some aspects of its operations. If and when the company should contemplate subcontracting
some aspects of its operations previously performed by its employees at the plant, which would result
in laying off members of the bargaining unit, representatives of the union and the company will meet
for the purpose of discussing the feasibility of having the work involved performed by members of the
bargaining unit.
(100)
When necessary to adopt a reduced working schedule during extended periods of curtailment of produc
tion, management will review the matter with the union prior to adopting a reduced working schedule.
In a substantial num ber of foresta llin g p ro v isio n s, the union's role was lim ited
to discu ssion or agreem ent on extending the p roced u re beyond stated time lim its, or
making other exceptions to the rules established in the agreem ent.
P articipation in
d ecision s to go beyond the lim itations sp ecified in the agreem ent was the m ost co m
mon union role (other than notification) in hiring restriction s and layoff of sp ecial cat
eg ories of w ork ers:
(101)
It is agreed that no new employee will be hired in the semiskilled productive or labor groups until the
seniority list is exhausted, unless otherwise mutually agreed to.
(102)
In the event that the reduction of work schedules is expected to continue beyond 4 consecutive weeks,
management and the grievance committee shall confer in an effort to determine what future action
shall be taken, giving consideration to the status of the problem at that time.
16
(103)
During periods of slack operations (other than emergency curtailments) of 2 weeks or more on opera
tions where four shifts are involved, one complete shift shall be taken off before the hours of work are
reduced below 40 hours per week. On operations involving three shifts or less, the hours of work shall
be reduced to 32 hours for a period not to exceed 2 weeks during any 6 months p e r io d , a fte r which
time a shift shall be taken off. Weeks in which a holiday occurs shall not be counted in determining
such slack operation. The grievance committeeman of the zone may agree to exceptions where the
implementation of this section would adversely affect the operation.
The only ro le assigned the union in a large number of the p ro v isio n s, p articu larly
those dealing with subcontracting, hiring, o r sp ecia l groups layoff, was the requirem ent
that the union be notified in advance o f m anagem ent's d ecision .
Such clauses did not,
of co u rse , preclu de the p o ssib ility of d iscu ssion or mutual agreem ent p rio r to actual
application of the p rov ision :
(104)
It shall not be the practice to work overtime during any period when there are employees on layoff.
However, if it becomes necessary to do so, the general shop committee will be advised as to the
reason necessitating this overtime.
(105)
The company will give advance notice to the union at least 24 hours before any layoffs for lack of
work affecting probationary employees; and 48 hours' notice before layoffs from the seniority list.
The company will make every effort to notify employees as far in advance of layoff as possible.
T ra n sfer to available vacan cies to
fo r e sta ll or m inim ize layoffs
In large fir m s , a com bination of labor turnover and com plexity of operations may
resu lt in labor surpluses in som e job cla ssifica tion s o r departments at a time when
shortages are developing in other units.
In such situations, it is often p ossib le fo r em
ployees scheduled fo r la yoff to be tra n sferred to vacan cies existing elsew here.
Many
agreem ents contain p rov ision s to ensure that this is the p roced u re that w ill be follow ed.
Like the p rov ision s d iscu ssed in an e a r lie r section , such clauses serve to lim it m an
agem ent's rights to hire new em ployees during slow p e riod s.
Of the 1,845 agreem ents exam ined, 592 sp e cifica lly required management to tran s
fe r o r to give con sideration to tran sferring em ployees to open job s as an alternative to
layoff. 11 These w ere heavily concentrated in manufacturing in du stries, which accounted
fo r nearly 80 p ercen t of both the p rov ision s and the w ork er cov era ge.
The tran sfer p rov ision s w ere of two types.
One indicated that efforts to place
surplus w ork ers in available vacan cies would p reced e any actual layoffs.
The second
indicated that the fillin g of vacan cies would take p lace as part of the layoff p r o c e s s .
M ost of the p rov ision s w ere of the latter type.
In p ra ctice there would seem to be
little d ifferen ce between the two types, the prin cip al fa cto r being the number of job s
available in relation to the num ber of surplus em ployees.
The follow ing clause indicated that the company would make an effort to transfer
em ployees to open job s p r io r to resortin g to layoff:
(106)
In the interest of production, and prior to reduction of the working force in a department, the company
will make every effort, except in the case of a mass layoff or cancellation of a contract, to transfer
employees, who would otherwise be laid off, to work they are capable of performing. If reduction in
the work force or regression would result in a wage decrease for some employees, these employees may
accept a layoff instead of such decrease. However, if an employee accepts a lower classification, he
shall receive the maximum of the rate range for that lower classification.
Som etim es the firm was m ore cle a rly com m itted to placing senior em ployees on
open jo b s :
(107)
When an employee with seniority is subject to layoff in his unit, the following procedure is followed:
1. The employee will be offered an open job in his labor grade for which he is qualified.
are no open jobs in his labor grade, he will be offered a job in his labor grade for which his
cations and seniority entitle him. If the job is held by an employee with the lesser seniority,
employee will be subject to transfer or layoff.
2. If not placed on a job in his labor grade, the above procedure will be followed in the
lower labor grade, and so on until he has exhausted the job opportunities in his unit.*
If there
qualifi
such
next
** Not enumerated in this section were many additional seniority bumping provisions which imply transfer to available
vacancies. Given the choice, management generally prefers transfer to bumping, since it is less disruptive to operations.
Also see "Seniority in Promotion and Transfer Provisions" (BLS Bulletin 1425-11).
17
An employee with seniority, still subject to layoff after such transfers have been made, will be con
sidered for placement in another unit as follows:
1.
First, he will be given the opportunity to transfer to open jobs for which he is qualified.
. 2. Second, if there are no open jobs for which he is qualified, and if he has 1 year or more of
seniority, he will be offered a job in another unit, which he is qualified to fill, and which is held by
an employee with no seniority or lesser seniority.
The em ployee slated fo r layoff was som etim es perm itted to fill a vacancy in a
unit other than his own o r on a plantwide b a s is :
(108)
When a department or a unit within a department is discontinued or replaced by another department or
unit, employees with seniority affected by such change, who are scheduled to be laid off shall be
first given opportunity to transfer into such new department, or vacancies in other departments, or dis
place temporary employees provided they can do the job to which transferred.
(109)
When there is a job on open requisition in another department at the time a regular employee is subject
to layoff, he shall be given an opportunity to transfer at his request to such other department, pro
vided the company feels that he has the ability and physical fitness to perform such other job.
At other tim es, the em p loy ee's right of tran sfer was m ore re stricted .
The fo l
lowing excerp t lim ited eligib ility to qualified em ployees working in the sam e c la s s ific a
tion as the opening:
(110)
The company agrees that no regular employees of any section shall be laid off or given forced vaca
tion when openings in the same classification exist within the plant, and the employees are qualified
to perform the job.
Many p rov ision s requ ired that an em ployee tran sferrin g to avoid layoff be quali
fied to do the w ork.
The follow ing clause, how ever, perm itted an unqualified em ployee
a training p eriod o f up to 30 days:
(111)
Upon the designation of employees to be laid off, and prior to their actual layoff, the employees to
be laid off will be offered an opportunity to qualify for any authorized job opening within the company,
existing at the time of layoff. Where the qualifications o f an employee for employment in such other
authorized job are questionable, he will be given a reasonable period of time, not to exceed 30 cal
endar days, on the new job to have his qualifications established.
Attrition
It is som etim es p o s sib le , p a rticu larly if the number of em ployees involved is
sm all, to effect a reduction in fo r c e through attrition, without resortin g to layoff. H ir
ing is suspended and voluntary quits, retirem en ts, d isch arges fo r cause, tra n sfers, and
deaths gradually bring the w ork fo r c e down to optimum size.
Depending on the need,
the vacan cies so created are not filled or are filled by em ployees whose own job s are
no lon ger n e ce ssa ry .
Although attrition clau ses are rela tively com m on in the railroad industry (ex
cluded fro m this study), only about on e-h alf of 1 percen t of the agreem ents examined
provided fo r this m eans of reducing the w ork fo r c e . 12
Attrition p rov ision s n orm ally do not apply to all em ployees o r to all situations
requiring a reduction in fo r c e .
The follow ing clause lim its p rotection to em ployees
affected by tech n ological change:
(112)
Employees who have completed their initial probationary periods shall not be laid off as a result of
mechanization or automation except that, as provided in (b) herein, employees may accept severance
pay on a voluntary basis.
(b) In the event it is necessary, in the opinion of the company, to reduce the number of employees
in any classification because of mechanization or automation, the reduction shall take place by attri
tion and/or reassignment of employees in the "affected classification" (the term "affected classification"
means both the classifications immediately affected by mechanization or automation and all other
classifications progressively affected). Where "attrition" includes retirement of employees under age
65, the selection shall be on the basis of agej thus, the employee nearest age 65 shall be the first
retired then progressively down through age 60.
12 Closely related, but not included in this study, are a small number of provisions implying use of the attrition
principle through employment guarantees. See "Supplemental Unemployment Benefit Plans and Wage-Employment Guarantees"
(BLS Bulletin 1425-3).
18
P rotection through use of attrition may also be lim ited, not only to sp ecified con
ditions, but to em ployees having a sp ecified length of s e rv ice .
The clause presented
below , while lim iting positive protection , appeared to establish a p o licy of b roader
application of the attrition p rin cip le in sofar as p ra ctica b le:
(113)
In connection with the Wage Reduction Policy established in 1960, no employee in the bargaining unit
with 5 full years of continuous service will be furloughed because of lack of work in his classification
due to automation, plant closings, subcontracting, etc.
Should reduction of forces become necessary for any reason, the union will be consulted and every
attempt made to achieve the reduction by attrition.
In the follow ing p rov ision , a general p olicy of m inim izing layoffs through attrition
was to be follow ed:
(114)
In Article 29 of the bargaining agreement, the union expressed its intention to support, within the
framework of the collective bargaining agreement, the companies* efforts to maintain and improve
their competitive position. The companies, in turn, expressed their intention to continue their past
practice of letting normal attrition, retraining and other programs short of layoff offset to the extent
possible any manpower surplus which may develop.
The p rov ision s ra re ly indicated the s p e cific ways in which the w ork fo r c e was to
be reduced. The follow ing clau se, how ever, enumerated som e of the circu m stan ces that
would be included in a definition of attrition:
(115)
Reduction in the work force in Supplement "A" shall be only by reason of:
a)
b)
c)
d)
e)
death or retirement;
disability;
discharge for cause approved by the union;
elimination of routes because of unusual loss of business for reasons other than reduced delivery;
voluntary employee transfer to other employment with the employer.
While not counted as attrition p ro v ision s, clauses prohibiting layoff of senior em
ployees im plied use of the attrition p rin cip le if the w ork fo r c e was to be greatly r e
duced:
(116)
Employees who were hired prior to October 15, 1964, will not be laid off for lack of work.
The follow ing clau se, by requiring the company to maintain its w ork fo r c e at a
certain siz e , did not p erm it the management, under m ost conditions, to r e s o rt to at
trition:
(117)
No member of the association shall reduce the number of workers heretofore employed by it, or reduce
the capacity of its shop for employment during the period of this agreement. However, if circum
stances arise beyond the control of a member of the association, and after bona-fide efforts in good
faith, he is unable to obtain new employees necessary to maintain the level of employment, or the
full capacity of the shop, the resulting reduction shall not be deemed a breach of this provision. Any
dispute as to this provision shall be adjusted in the same manner as any other dispute under this agree
ment.
P ro v isio n s protecting em ployees
affected by tech n ological change
Although the introduction of automation and other technological changes m ay prove
b en eficia l to industry and to society in general in the long run, in the short run it may
create hardships fo r the w orkers d ire ctly affected.
This has been a c ritica l issu e in
co lle ctiv e bargaining, reflected in the substantial num ber of agreem ents with p rovision s
designed to p ro te ct m em bers fro m layoff, d ism issa l, downgrading, or other deleterious
effects of the changes.
Of the m a jor agreem ents studied, 325 contained clauses affording em ployees job
or incom e p rotection in tech n ological change. 13 These w ere found m ostly in a g re e
ments in the manufacturing industries, where the bulk of automation and m echanization
is taking pla ce.
In the printing industry, which has been ch a ra cterized by a p articu
larly rapid rate of tech n ological change, m ore than 80 percen t of the agreem ents, c o v
ering an even g rea ter prop ortion of w ork ers, had such p rov ision s.
M ore than
13
frovisions applying only to maintenance of wage rates, or requiring only advance notification, were not included.
19
50 p ercen t of the w ork ers in food, apparel, tex tiles, and rubber w ere also cov ered by
protectiv e clau ses.
The p rov ision s varied .
Many of them p rotected w ork ers from layoffs or d is m is
sals resulting fro m the introduction of technological im provem ents. The second exam ple
below extended job protection only to em ployees with 10 years of s e rv ice or m o re :
(118)
Anything in this agreement to the contrary notwithstanding, no full-time employee who has completed
his trial period as a new employee and no part-time employee with at least 2 year's service, shall be
dismissed or suffer any reduction in classification as a result of the introduction or use of automated
processes, computer equipment, new or improved mechanization, or improved methods.
(119)
. . . the company guarantees jobs . . . to regular, full-time employees with 10 or more years of
continuous service whose jobs are eliminated by changes substantially within its control, such as in
troduction of new equipment, procedures or methods, or the planned retirement of obsolete facilities—
as opposed to changes resulting from sudden technical, legislative, regulatory, environmental or eco
nomic events, or conditions over which it has little influence. . .
The company will also endeavor, but cannot guarantee to provide employment to employees with less
than 10 years of service whose jobs are eliminated for the reasons stated above . . .
Some agreem ents provided that tech n ologically disp laced w ork ers be given an op
portunity to w ork at o r be retrained in the new p r o c e s s e s and o p e ra tio n s:14
(120)
When employees are displaced from their former jobs by installation of new equipment, if mentally and
physically capable, they shall be given an opportunity to prove themselves competent to operate the new
equipment.
(121)
In the event of a major technological change, the company will give consideration to retraining senior
employees who have the aptitude for such training and have related skills.
A ssu ra n ces w ere som etim es given that the operation of new equipment replacing
presen t equipment would rem ain in the bargaining unit:
(122)
Whenever new mechanical devices are introduced to perform or aid in the performance of any of the
operations included in the bargaining unit, such devices shall be operated exclusively by employees in
the bargaining unit.
The association shall furnish the union in writing a list of the regular situation holders employed by
each publisher as of May 1, 1970. No employee so listed shall be laid off during the term of this
agreement because of the installation and use in any plant or plants of any publisher of any auto
mated process, or automated system after May 1, 1965. Such automated process or automated system
shall be construed to include, among other such automated processes or automated systems, conveyor
belts, w ir e t y in g machines, and the like w it h in the jurisdiction of the union.
(123)
Whenever the employer adopts or uses new methods of operation, or new types of equipment resulting
from technological developments, and which are not specifically covered by this agreement (and which
may in any way affect or replace the equipment covered by this agreement), then the operation of any
such new equipment and methods shall be performed by employees covered by this agreement.
Some p rov ision s established separation pay fo r em ployees disp laced by techno
log ica l change.
In the fir s t exam ple, the em ployee could ch oose either "jo b secu rity 1'
o r severa n ce allow ance:
(124)
Permanent employees (for purposes of the Job Security Plan, a permanent employee is an employee
with 90 days of service) will not be laid off as a result of technological change, automation, or im
proved work methods. Employees who would otherwise be laid off will be kept on the payroll in jobs
in their own collective bargaining unit or in jobs elsewhere in the division. Therefore, the unemploy
ment hardships heretofore resulting from automation, technological change and improved work methods
will no longer be a burden for . . . employees represented by the union. A plan will be promptly
drafted by the parties which will be in accord with the above intent and will incorporate the following
principles:
(1) No employee will be involuntarily reduced from the payroll for any reason other than a reduc
tion in operating schedules. (A permanent shutdown of a plant, department, or substantial part thereof
shall be considered a reduction in operating schedules.)
(2) Employees shall have the option of choosing protection from loss of employment (job security),
or compensation for loss of employment (severance allowance).*
** For a fuller discussion, see Major Collective Bargaining Agreements:
Bulletin 1425-7).
20
Training and Retraining Provisions (BLS
(125)
No work now being performed by employees in the unit covered by the collective bargaining agree
ment shall be transferred or removed from the unit without consultation and negotiation with the union,
and unless the transfer or removal of such work is required for the purpose of promoting improved op
erating techniques, technological changes, automation, or other factors connected with more efficient
operations, as distinguished from reasons connected with securing the performance of such work at lower
rates of pay or under less favorable employment conditions. . . .
The employer shall attempt to provide any employee losing his job as a result of any such transfer
or removal of work with other comparable employment in the San Francisco area without loss of pay,
status, seniority, or other benefits. Any employee not receiving such other employment shall receive
1 week's severance pay for each year of service with the employer, provided that if an employee re
ceives such comparable employment outside the bargaining unit, and does not remain in such employ
ment for at least 30 days, he shall receive the full severance pay provided for herein.
In som e ca se s , join t labor-m anagem ent study com m ittees have been set up to e s
tim ate the effects of change p r io r to its introduction:
(126)
A study committee shall be formed which will study the problem of technological changes, and its
effect on long term employees in the bookbinding industry. Each side shall select its three members
within 10 days after the signing of this contract, and notify the other party immediately and meet
within 90 days of the effective date.
The union shall select the chairman of the committee, and a management representative shall act as
secretary. The committee will meet at the call of the chairman. Recommendations of the joint
committee shall become effective when approved by both parties.
O cca sion a lly , the introduction of technological change was to be the subject of
future negotiations:
(127)
It is recognized that in the field of data processing, improved and advanced equipment will be intro
duced from time to time. When the advent of such new equipment results in a drastic change, the
company agrees to meet with the union to discuss the problem of consideration of other work for qual
ified displaced employees. Failing to reach agreement in such situations, the union reserves the right
to strike, but only after the steps provided by the International union constitution have been followed.
21
T a b le 1. W o rk s h a rin g provisions in m ajor collective bargaining ag reem ents, by industry, 1970-71
(Workers in thousands)
Industry
A ll industries------ — -----------V anufacturing — ----------------------Ordnance and a ccessories— --------Food and kindred products —-----—
Tobacco manufacturing -— ------- —
Textile m ill products------------ -— —
Apparel and other finished
products --------------------------------------Lumber and wood products.
except fun iture-------------------- — —
Funiture and fixtures — ------- --------Paper and allied products —.........—
Printing, publishing, and
allied in d u strie s------- ----------- -----Chemicals and allied products----Petroleum refining and related
industries
....t
Rubber and miscellaneous
plastics p ro d u cts-----------------------Leather and leather products —
Stone, clay, and glass products —
Prim ary m etal industries —
—Fabricated m etal products
Machinery, except electrical — —
E lectrical m achinery, equipment, and supplies--------------------Transporation equ ipm ent------------Instruments and related
products —.......... — .........— —— ----M iscellaneous manufacturing
industries .................. .........................
Nonm anufac tur i n g -------------------Mining, crude petroleum, and
natural gas p ro d u c tio n -------------Transportation 1
2- -----------------------------C om m unications-------- ------------------U tilities: Electric and gas—
Wholesale trad e...................................
Retail trade —--------------------------------Hotels and restaurants —..................
Services —-------------------- -----------------Construction______________ ________
Miscellaneous nonm anufac tur ing
industries------------------------- - ....... —
Having worksharing provisions
Total
studied
Total
A gree
ments
Worke rs
Agree
ments
Workers
1,845
7 ,6 6 8 . 8
459
2 ,7 9 4 . 5
4 ,2 4 0 . 1
1, 021
Equal division of
work
Agree
Workers
ments
2 , 16 b .3
352
43. 8
343
2, 169. 3
12
2 9 .4
1. 386
4,8 7 4 . 3
74
3b. b
254
1 .5 9 6 .4
7
11.2
669
2 ,0 7 3 .8
.
-
-
22
100
8
12
86.7
320.7
2 0 .2
20.7
1
5
2
2
1
1. 0
-
-
-
2
3 .8
2
_
3 .2
.
-
2
8
13
3. 2
11.4
2 3 .7
-
-
_
-
-
11
9
45
16. 2
22. 3
80. 0
3
17
12.6
39.9
-
-
22
47
38. 3
75. 8
.
15
24. 9
9 8 .6
2 6 .2
1 6 .0
4 0 7 .4
30. 9
132. 0
_
_
2
2
.
_
4 .5
2 .4
4
5
21
58
33
71
7. ^
8. 0
85. 5
159.2
86. 7
206.8
28
28
76. 5
6 7 3 .8
1
2
2 .2
2. 1
69
94
215.5
556. 8
2 4 .5
48
4 3 1 .6
46
42 7 .8
45
426. 8
15
18
59
2 2 .6
35 .7
104.7
4
9
14
6 .4
13.4
24. 7
1
1
2. 0
1. 0
7 1 .5
117.2
10
18
33.2
4 1 .4
1
_
5. 5
-
6
1
2 4 .9
.
17
16
10
52
18
45
99
126
295. 3
1,23-7. 7
30
32
19
48. 0
6
10
20. 1
2
824
3 .4 2 8 . 7
107
18
88
78
71
24
104
45
75
316
116. 3
622. 3
5 8 7 .2
176.8
41. 3
2 7 4 .8
186.4
3 02.5
1, 114.8
5
4
5
6 .7
21
21
31
110
51
116
56
3
2
24
2
6
5
■
_
103.1
5 6.3
31.5
4 0 8 .8
35.4
136.4
1 1
8
4
„
_
_
4. 5
30. 1
15. 5
_
2. 0
8. 5
3. 1
5 .4
8. 2
1.2
12.o
17. 0
110.6
6 4 .2
117. 0
568. 0
122. 1
343. 1
Workers
17
4
5
1
j
1
A greement
22
2. 0
29. 3
3. 1
2 3.6
15
Workers
352. 1
1
12
2
8
1
i
i
|
!
1
1
Agree
ments
522. 1
88. 7
350. 0
2 3 .3
4 4 .2
32
65
No
provisions
Other 1
82
23
112
10
20
1
|
|
I
Reduction in
hours
Ag reeWorkers
ments
Rotation of
employment
Agree
Workers
ments
3
1
-
-
15. 1
1. 5
-
-
_
_
.
1. 4
_
-
2
_
5. 0
_
1
.
I1
j!
j
I
j!
-
-
1
8
6
51
16
42
i
i
|
;1
1
_
2. 0
7 9 .8
680. 9
1
_
1. 1
-
23. 6
1
3. 0
-
-
5
2 0 .6
-
-
13
1
1. 0
-
-
1
5. 0
-
-
8
62 8 .2
8
30. 0
5
7. 2
89
57 2 .9
5
18.2
717
2 .8 0 0 .5
11.4
14.6
46 1 .2
2 4 .4
2 .7
1
1
_
1
1
1. 2
1.6
.
19.2
1.5
-
4
1
_
1.5
5. 0
.
1
1
10. 2
4 5 9 .9
.
.
5 8 .5
32. 0
3. 1
9 .3
-
1
1
1. 3
_
1. 2
1. 0
_
2 .2
1 .5
.
.
-
13. 0
.
5 .2
.
„
-
13
84
22
68
22
80
43
69
311
104. 9
607. 7
126. 0
152.4
38.6
215. 3
152.9
292. 3
1, 104.0
■
■
“
“
5
6. 7
59.5
_
33. 5
10.2
10.8
_
"
3
■
1
"
-
55
.
_
23
1
2
4
“
3
-
2
14. 1
1 4 agreements, covering 6,900 workers, had the option of reduction in hours or rotation of employment; in 8 agreements, covering 22, 500 workers, the type of worksharing provided was unclear.
2 Excludes railroad and airline industries.
NOTE:
Because of rounding, sums o f individual items may not equal totals.
T a b le 2. Level o f reduced hours in m ajor collective bargaining agreem ents, by industry, 1 9 7 0 -7 1
1 w ork ers
in tnousanasj
Total
with reduction in hours
p r o v is io n 1
Industry
A g ree
m ents
W orkers
R e fe r r in g to the le v e l o f re d u ce d h ours
35-36 h ours
T otal
A g ree
ments
W ork ers
A g ree
m ents
32 hours
W ork ers
A g re e m ents
L e v e l of hours v a r ie s
depending on duration
A g ree
W ork ers
m ents
24-30 hours
A g ree
m ents
W ork ers
W ork ers
L evel
not indicated
A g ree
W orkers
ments
347
2, 176 .2
192
1, 526. 1
14
78. 7
146
1, 2 97 .0
25
113 .5
6
37. 1
156
650. 1
M a n u fa c tu r in g ------------------------------
258
1,603. 3
158
1, 289. 2
11
19.5
123
1 ,1 4 9 .6
18
83. 1
6
37. 1
100
314. 1
O rd nance and a c c e s s o r i e s — ——
F o o d and k in dred p r o d u c t s ----------T o b a c c o m a n u fa c t u r in g -----------------T e x tile m ill p r o d u c ts - — —
A p p a r e l and oth er fin is h e d
p rod u cts __________________________
L u m b er and w ood p r o d u c ts ,
e x c e p t f u r n it u r e ------- ---------------- —
F u rn itu re and fix tu r e s _
P a p e r and a llie d p r o d u c t s -----------P r in tin g , p u b lish in g, and a llie d
p rod u cts ---------------- —
C h e m ic a ls and a llie d p ro d u cts ___
P e tr o le u m r efin in g and r e la te d
i n d u s t r i e s --------------------------------------R u b b er and m is c e lla n e o u s
p la s t ic s p r o d u c t s —.
L ea th er and lea th e r p r o d u c t s -----—
Stone, c la y , and g la s s p ro d u cts —
P r im a r y m e ta ls in d u s tr ie s —
F a b r ic a te d m eta l p r o d u c t s ----------M a ch in ery , e x c e p t e l e c t r i c a l ------E le c t r ic a l m a c h in e r y , e q u ip
m en t, and su p p lies
T r a n sp o rta tio n equipm ent —-----Instrum ents and re la te d p ro d u cts —
M is c e lla n e o u s m an u factu rin g
in d u s tries
----- . . . .
!
5
2
2
2.0
8. 5
3. 1
5. 4
1
1
1
2
2 .0
1.9
1. 1
5. 4
.
1
1
_
1
1
-
-
.
_
_
1
_
_
4. 0
4
1
_
A ll in d u strie s
N onm anufacturing . . .
. . .
M in ing, cru d e p e tro le u m
and
natu ral g a s ________________________
- T r a n sp o rta tio n 1
2 ----------— C om m u n ica tion s - . . .
U tilitie s : E l e c t r ic and g a s ---------W h oles a le t r a d e ------------------------------R e ta il trad e .
.
.
H o te ls and r esta u ra n ts
. _
S e r v ic e s _ _
_ ------C o n s tr u c tio n
„____.....— ,_ - . __
M is c e lla n e o u s n onm an ufacturing
in d u s tr ie s . . .
—
- -
1 .9
1 .4
B e c a u se of rounding,
-
-
-
-
-
-
-
-
-
-
-
2
8
13
3. 2
11. 4
23. 7
2
4
4
3. 2
5. 0
6. 2
-
-
4
1
5. 0
1. 1
2
3
3. 2
5. 1
_
-
_
_
-
_
4
9
_
6. 4
17.6
3
17
12. 6
3 9 .9
2
8
3. 2
2 7 .0
1
-
1.0
-
1
5
2. 2
21. 1
3
5 .9
-
-
1
9
9 .4
12.9
-
-
-
-
-
_
-
-
-
-
-
16
8
6
51
18
44
98. 6
26. 2
16. 0
4 0 7 .4
3 5 .4
134 .4
9
7
3
39
12
30
61. 5
19. 1
10.6
377. 2
24. 6
106. 3
1
1
2
1 .4
1.0
3. 2
3
5
2
36
12
24
4 .6
16. 4
4. 3
374. 1
24. 6
6 9 .9
3
1
1
1
3
2 9 .0
1. 3
6. 3
1.0
29. 2
3
1
1
2 7 .9
1. 1
4. 1
7
1
3
12
6
14
37.
7.
5.
30.
10.
28.
28
28
5
7 6 .5
673. 8
20. 6
14
14
4
26. 5
584. 3
19.5
3
1
-
8 .6
1. 1
-
11
12
4
17.9
5 8 1 .0
19.5
1
-
2. 3
-
-
_
14
14
1
50. 0
8 9 .5
1. 1
-
-
-
30. 4
_
-
-
-
-
_
-
_
-
-
-
-
6 .6
2 .0
-
1
5. 0
1
5. 0
-
-
1
5. 0
89
572. 9
33
236. 9
3
59. 2
23
147 .4
7
4
55
10. 2
4 5 9 .9
4
21
10. 2
2 09 .7
2
10. 2
126. 9
4
-
23
1
2
4
"
58.
32.
3.
9.
-
-
-
-
5
0
1
3
4
2
2
7. 1
3. 1
6 .9
1
5 7 .7
1.6
-
-
4
15
1
1
2
“
"
■
“
~
1 Inclu des 4 a g re e m e n ts c o v e r in g 6, 900 w o rk e rs with option o f re d u ctio n in h ours o r rotation o f em ploym en t.
2 E x clu d e s r a ilr o a d and a ir lin e in d u strie s.
NOTE:
2 .0
1. 1
-
su m s of individual item s m ay not equal to ta ls.
-
-
_
2
1
4
3
8
1
-
-
56
336. 0
34
_
19
1
250. 2
_
_
5 1 .4
3 2.0
-
-
1.9
1. 5
6 .9
3
-
25. 2
_
5. 2
-
_
_
-
-
_
_
2
2. 4
“
“
"
“
_
-
-
T a b le 4. Restrictions on o vertim e during slack or layoff periods in m ajor collective
bargaining agreem ents, by industry, 1 9 7 0-71
T a b le 3. D u ra tio n o f re d u c e d h ou rs in m a jo r
c o lle c tiv e b a rg a in in g a g re e m e n ts , 1 9 7 0 -7 1
A g ree
m ents
D uration o f re d u ctio n in h ou rs
T otal w ith re d u ction in h ou rs
p r o v is io n —— —
--—
—- -----T otal r e fe r r in g to duration
2
3
4
5
- ——- - -----— -
w eek s o r le s s
----------w e e k s ---------------------------—------w eeks-- -- -w eek s to 3 m onths
—------
- -
—
— •——
D uration v a r ie s with le v e l --------------------------M anagem ent d e te rm in e s du ration -------------D uration not s p e c ifie d
- — - — -------
——— -
W orkers
(thousands)
347
2, 176. 2
138
1, 126. 5
30
12
38
31
5
6
16
209
207.
38.
680.
79.
18.
37.
65.
2
1
5
7
4
1
7
1, 049. 7
sum s o f indidivual item s m ay not
No
p r o v is io n
T otal r e s tric tin g
o v e r t im e 1
T otal
studied
Industry
A g ree
m ents
1 Inclu des 4 a g re e m e n ts c o v e r in g 6, 900 w o rk e rs with option o f
red u ction s in h ou rs o r ro ta tio n o f em ploym en t.
N O TE: B e ca u s e o f rounding,
equal tota ls.
(W o rk e rs in thousands)
A g ree
m ents
W ork ers
W ork ers
A g ree
m ents
W orkers
A ll in d u s t r ie s ---------------------------------------------
1, 845
7. 668. 8
134
676. 5
11
6, 992. 3
M a n u fa ctu rin g ------------------------------------------------
1, 021
4, 240. 1
122
598. 2
899
3, 641 .9
O rdnance and a c c e s s o r i e s ---------------------------------F ood and kindred p rod u cts -----------------------------T o b a c co m a n u fa ctu rin g -------------------------------------T e xtile m ill produ cts------------------------------------------A p p a re l and other fin ish ed p r o d u c t s --------------.Lumber and w ood p r o d u c ts , e xce p t
fu r n it u r e s ----------------------------------------------------------F u rn iture and fix tu re s -------------------------------------P a per and a llie d p r o d u c t s --------------------------------Printin g, publishing, and a llie d in d u s tr ie s-----C h em icals and a llie d p r o d u c t s ------------------------P e tro le u m refin in g and re la te d in d u s t r ie s -----Rubber and m is c e lla n e o u s p la s tic s
p r o d u c t s ------------------------------------------------------------L eather and leather p ro d u cts —------------------------Stone, cla y , and g la s s p ro d u cts --------------------P r im a r y m etal i n d u s t r i e s -------------------------------F a b rica te d m etal p r o d u c t s -------------------------- ----M achinery, ex ce p t e le c t r ic a l ------------------------E le c t r ic a l m a ch in ery, equipm ent, and
23
122
10
20
48
88.
350.
23.
44.
431.
7
0
3
2
6
1
3
1
1
16
1.
9.
1.
1.
170.
4
4
1
0
2
22
109
9
19
32
87.
340.
22.
43.
261.
3
6
2
2
4
15
18
59
32
65
15
22.
35.
104.
71.
117.
24.
6
7
7
5
2
9
1
2
3
3
-
1. 0
3. 5
13. 0
4 .9
“
15
17
57
29
62
15
22.
34.
101.
58.
112.
24.
6
7
3
5
3
9
21
110. 6
6 4 .2
1 1 7 .0
568. 0
122. 1
343. 1
10. 5
2 8 2 .4
15. 3
3 8 .4
19
21
26
76
43
96
108.
64.
106.
285.
106.
304.
5
2
5
6
8
8
T ran sp ortation e q u ip m e n t --------------------------------Instrum ents and re la te d p r o d u c t s ------------------—
M isce lla n e o u s m anufacturing in d u s t r ie s ---------N o n m a n u fa ctu rin g-----------------------------------------M ining, cru de pe tro le u m , and natural gas
prod u ction -------------------------------------------------------T ran sp ortation 2 --------------------------------------------------C o m m u n ic a tio n s -------------------------------------------------U tilities: E le c t r ic and g a s --------------*----------------W h olesale t r a d e --------------------------------------------------R etail t r a d e -------------------------------------------------------—
H otels and r e s t a u r a n t s ------------------------------ ------S e r v ic e s -------------------------------------------------------------C o n s tr u c t io n -------------------------------------------------------M isce lla n e o u s nonm anufacturing in d u s tr ie s ----- 1
2
21
31
110
51
116
_
_
2. 1
2
-
j
5
34
8
20
-
1
99
126
19
10
295.
1, 237.
48.
20.
3
7
0
1
11
8
2
1
21.
17.
4.
1.
4
4
5
0
88
118
17
9
273. 9
1, 220. 3
43. 5
19.1
834
3, 428. 7
12
78. 4
812
3, 350. 4
18
88
78
71
24
104
45
75
316
5
116. 3
622. 3
587. 2
176.8
4 1 .3
2 7 4 .8
186. 4
302. 5
1, 114.8
6 .7
11. 2
13
88
75
70
24
104
44
75
314
5
105. 1
622. 3
558. 5
175. 0
41. 3
274.8
154. 4
302. 5
1, 110. 1
6. 7
5
-
3
1
_
1
-
28. 7
1. 8
-
32. 0
_
-
2
“
4. 7
■
1 Includes 3 a g re e m e n ts , c o v e rin g 16, 200 w o rk e rs , w hich r e s t r ic t e d w eekend w ork ,
erin g 1 ,1 0 0 w o r k e r s , w hich r e s t r ic t e d o v e r tim e and w eekend w ork .
2 E x clu des r a ilr o a d and a ir lin e in d u strie s.
NOTE:
B ecau se o f rounding,
sum s of individual ite m s m ay not equal totals,
and 1 a greem en t, c o v
T a b le 5. R estrictio n s on subcontracting to forestall or m inim ize layoff in m ajor collective bargaining agreem ents, by industry, 1970-71
(Workers in thousands)
Industry
Agree
ments
All industries______________
1,845
Manufactur in g_________________
1,021
'Ordnance and accessories________
Food and kindred products________
Tobacco manufacturing...___ . . . . . . . .
Textile mill products____________ _
Apparel and other finished
p ro d u c ts._______________________
Lumber and wood products
except furniture_______________ __
Furniture and fixtures____________
Paper and allied products ________
Printing, publishing, and allied
industries______ _______________
Chemicals and allied products ___
Petroleum refining and related
industries______________ _________
Rubber and miscellaneous
plastics products_____ __________ _
Leather and leather products___ _
Stone, clay, and glass products___
Primary metal industries._________
Fabricated metal products________
.Machinery, except electrical_____
Electrical machinery, equipment,
and supplies ________________ ____
Transportation equipment ________
Instruments and related
products _________________________
Miscellaneous manufacturing
industries--------------- --------------------Nonmanufacturing _____________
Mining, crude petroleum, and
natural gas production______ ____
Transportation 2----------------------------Communications _ _______________
Utilities: Electric and g a s.....____
Wholesale trade___________________
Retail trade________________________
Hotels and restaurants ___________
Services___________________________
Const ruction______________________
Miscellaneous nonmanufacturing
industries_______________________
Having restrictions on subcontracting
Total
studied
Total
Workers
Agree
ments
7,668.8
330
4,240.1
195
23
112
10
20
88.7
350.0
23.3
44.2
2
13
3
48
431.6
38
15
18
59
22.6
35.7
104.7
32
65
-
Workers
Limitec during
slac k or
layoff period
Agree
Workers
ments
Permitted only
if no layoffs
re stilt
Agree
Workers
ments
Permitted if work
force fully supplied
• with work
Agree
Workers
ments
Issue for
consultation or
negotation
Agree
Workers
ments
No
provision
Other1
Agree
ments
Workers
2,089.8
585.6
112
610.5
41
362.1
63
488.4
14
48.3
1,515
5,579.0
1,375.5
47
49
382.6
41
362.1
51
462. 1
7
15.6
826
2,864.6
15.1
4 0.3
.
2
153.1
.
4 .7
1
7
1. 1
15.0
.
.
-
-
-
-
1
4
.
.
14.0
20.7
.
_
_
.
_
.
.
21
99
10
17
73.7
309.7
23. 3
29.7
10
85. 3
18.9
34.7
95. 1
63.6
97.7
-
14.5
-
-
-
3
14.5
346. 3
1
10.0
2
2.4
35
333.9
2
1
7
3.7
1.0
9.7
1
2
2 .2
3.1
1
1
4
1.5
1.0
5.4
.
.
-
.
_
-
.
.
.
71.5
117.2
2
12
7.9
19.5
5
7.3
2
5
7.9
9 .4
.
_
-
_
_
_
_
_
_
1
_
1.2
13
17
52
.
1
.
1.5
.
1
.
1.3
30
53
_
15
24.9
10
17.9
5
7.9
4
8.2
_
_
_
1
1.9
21
21
31
110
51
116
110.6
64.2
117.0
568.0
122. 1
343. 1
5
3
1
37
5
19
31.4
10. 3
1.0
392.4
25.0
54.7
3
-
1
1
1
.
.
5
7. 1
1. 1
1.0
_
.
12.5
1
2.
.
_
.
_
4 .5
9.2
_
_
.
.
.
.
.
34
3
4
_
.
_
385.2
22. 3
10.5
_
_
.
_
1
1
.
_
3
1
9
19.9
.
7 .2
1.6
28.2
99
126
295. 3
1,237.7
9
20
35.5
325.2
4
5
18.5
18.4
3
11
12.0
297.4
.
.
.
1
3
1. 1
6.9
1
1
19
48.0
2
14.8
2
14.8
_
10
20. 1
4
9.6
4
9.6
-
824
3,428.7
135
714. 3
53
432.5
63
18
88
78
71
24
104
45
75
316
116.3
622.3
587.2
176.8
41. 3
274.8
186.4
302.5
1,114.8
7
41
21
46
14. 1
389.8
136.4
121.6
6 .0
19.0
2
38
3
5
4 .5
381.9
25. 3
12.6
3.5
4 .8
2
1
15
37
5
6.7
4
Workers
100
-
11
Agree
ments
-
2
3
2
1
_
-
10.5
_
12
26.3
7
27. 7
689
2,717.4
2.4
2.4
92.8
99.3
2 .5
1.0
.
_
_
_
_
_
_
„
3
1
.
1
7.2
3.5
„
2.4
1
3
_
2.0
18. 3
7.4
102.2
232.5
450.8
55.2
35. 3
255.8
186.4
278.4
1, 112.8
5.2
.
_
”
“
“
33. 3
6
_
"
“
17
227.9
1.5
1.5
_
-
1
1
259.8
912. 5
-
1
3
1
.
_
.
90
106
-
_
_
_
.
_
.
3.9
2.7
-
_
_
_
24. 1
2.0
_
1.1
3.6
-
24. 1
2.0
.
3
7.0
79.2
53.9
116.0
175.6
97.1
288.5
-
7
-
5
16
18
30
73
46
97
_
_
_
_
_
_
13.2
*
_
_
_
11
47
57
25
20
93
45
72
315
"
•
4
_
_
3
_
1 Includes 9 agreements, covering 32,350 wokers in which subcontracting is restricted both during layoff or if it would result in layoff; 2 agreements covering 5,900
workers in which
subcontracting is permitted if workers are fully supplied with work, and if it will not result in layoff; 1 agreement covering 1,200 workers in which contractors give preference to laid-off
workers; and 2 agreements covering 3,800 workers which are unclear.
2 Excludes railroad and airline industries.
NOTE: Because of rounding, sumes of individual items may not equal totals.
T a b le 6. R estrictio n s on n ew hires during slack or layo ff periods in m ajor co llective bargaining agreem ents, by industry, 1 9 7 0 -7 1
^Workers^n^ttiousands^
New hires
Industry
Total
studied
Limited during
slack periods
restrictions
Agree
ments
Workers
Agree
ments
Workers
Agree
ments
Workers
Limitec1while
employees are
laid -off
Agree
Workers
ments
Prohibit)ed while
Limited 1by inter
Total with
employe;es are
plant hi ring of
-off
laid-off
emDlovees
laid
Agree
Agree
Workers
Workers
ments
ments
No
provision
Other1
Agree
ments
Workers
Agree
ments
Workers
All industries______________
1,845
7 ,6 6 8 .8
653
3,116.1
15
25. 1
355
1,271.7
156
464.8
125
1,344.9
2
9.8
1,192
4, 552.7
Manufacturing _------------------- ----
1,021
4,240. 1
479
2,24 1 .3
10
17.5
264
871. 2
109
300.8
95
1,044.1
1
7.8
542
1,998.8
23
112
10
20
88.7
350.0
23. 3
44.2
9
46
5
10
42.2
197. 1
9 .8
27.0
6 .2
.
26.6
137.2
3.4
15.5
2
14
4
1
15.7
30.4
6 .4
11.5
.
3
-
7
23
1
9
6
-
_
23. 3
-
_
-
.
-
14
66
5
10
46. 5
153.0
13.6
17. 3
48
431.6
18
108.3
-
.
5
17.6
12
89.7
1
1.0
-
-
30
323. 3
15
18
59
22.6
35.7
104.7
5
11
15
9. 1
21.5
37.8
1
1
.
2 .2
1.5
-
2
5
8
3. 3
7. 1
12.9
2
4
3
3.6
5.2
5.0
_
4
.
19.9
1
-
7.8
-
10
7
44
13.5
14.2
67.0
32
65
71.5
117.2
8
29
15. 1
40.8
.
.
.
5
16
8 .4
22. 3
2
12
2.2
17.5
1
1
4 .5
1.0
-
-
24
36
56.4
76.4
-
Ordnance and accessories — ---- ---Food and kindred products___ ____
Tobacco manufacturing-----------------Textile mill products ______ ___
Apparel and other finished
products ._______ ___-___-______ - n_
Lumber and wood products,
except furniture__________________
Furniture and fixtures_________ ____
Paper and allied products _____
Printing, publishing, and
allied industries______ ___ . .
Chemicals and allied industries__
Petroleum refining and related
industries________________________
Rubber and miscellaneous
plastics products------------------------Leather and leather products-------Stone, clay, and glass producta___
Primary metal industries------------Fabricated metal products------------Machinery, except electrical-------Electrical machinery, equipment,
and supplies --------------------------Transportation equipment ------------Instruments and related
products_____ ___ _____________
Miscellaneous manufacturing
industries ________________________
Nonmanufacturing---------------------Mining, crude petroleum, and
natural gas production----------Transportation2 -------------—
Communication s______________ ____
Utilities: Electric and gas---------- —
Wholesale trade--------------------- -------Retail trade-------------- ---------— ------Hotels and restaurants--------- _
Services — ---------------------------- —
Construction______________________
Miscellaneous nonmanufacturing
industries-------------------------------------
15
24.9
7
11.8
-
-
6
9 .9
1
1.9
-
-
-
8
13. 1
21
21
31
110
51 .
116
110.6
64.2
117.0
568.0
122.1
343. 1
11
6
14
66
29
59
47.3
15.6
31.2
464.4
82.9
204.7
2
1
.
2 .9
1.0
8
1
7
28
12
35
31.8
1.1
16.4
89.2
36.7
82.8
1
3
1
6
5
10
1.4
4 .4
1.2
14.5
9. 1
25.6
2
2
6
32
10
13
14. 1
10. 1
13.7
360.8
34. 3
95.4
-
-
10
15
17
44
22
57
63.4
48. 7
85.8
103.6
39.2
138.4
99
126
295.3
1 ,237.7
48
62
159.2
662.9
1
1
1.7
2 .0
36
35
135.9
172.3
8
13
13.5
32.4
3
13
8 .2
456.3
-
-
51
64
136. 1
574.8
19
48.0
13
35.8
-
-
11
32.2
1
1.8
1
1.9
-
-
6
12. 3
8 .2
-
-
-
2
2.7
1
2 .0
650
2, 553. 9
-
-
11
56
49
39
15
70
34
66
308
103.0
294. 3
370.3
106.4
25.5
169. 1
115.6
272.0
1,094.9
2
2.9
10
20. 1
8
17.4
-
-
4
9 .3
4
824
3,4 2 8 .7
174
874.9
5
7 .6
91
400.6
47
164.0
30
300.8
18
88
78
71
24
104
45
75
316
116.3
622. 3
587.2
176.8
41. 3
274.8
186.4
302.5
1 ,114.8
7
32
29
32
9
34
11
9
8
13.3
328.0
216.9
70.4
15.8
105.7
70.8
30.5
19.9
1
1
.
2
1
-
1.6
1.6
_
.
2 .9
•
1.5
.
3
6
25
25
3
16
4
2
4
4 .5
20.6
205.0
60.5
5.3
44.5
37.8
10.6
8 .2
5
2
6
4
15
5
6
4
29.3
2.7
8 .6
8.5
55.8
29.0
18.5
11.7
4
20
1
1
2
1
1
-
8 .8
276.5
7.7
1.3
2.0
2 .5
2.0
-
5
6 .7
3
3.8
"
“
3
3.8
“
“
-
-
1
-
-
2.0
-
-
1 In 1 agreement covering 2, 000 workers the nature of the restriction was unclear; m 1 agreement covering 7,750 workers the procedure was subject to local negotiation.
2 Excludes railroad and airline industries.
NOTE: Because of rounding, sums of individual items may not equal totals.
T a b le 7. L a y o ff o f special categories of w orkers in m ajor co llective bargaining agreem ents, by industry, 1 9 7 0 -7 1
(Workers in thousands)
Total
studied
Industry
Agreements
All industries _______
__________________
Manufacturing --------------------------------------------- ------
Having provisions for layoff of special categories of workers
Probationary
Temporary
employees
employees
Total
Workers
Agreements
Workers
Agreements
Workers
Agreements
Workers
1,845
7 ,668.8
405
1,986. 9
213
895. 5
55
343. 3
17
40. 7
1,021
4,24 0 .1
279
1, 101. 3
197
848. 5
17
30. 9
10
19.4
6
24
4
2
25. 5
57.0
9. 1
2.9
3
14
4
2
15.2
37. 7
9. 1
2.9
2
3.2
2. 5
_
_
1
_
_
_
4
6
Ordnance and accessories___________________________
Food and kindred products____ —_____________________
Tobacco manufacturing---------------------------------------------Textile mill products _______________________________
Apparel and other finished products____________ ..
Lumber and wool products, except furniture______ _
Furniture and fixtures---- —___________—---------------- ----______________________
Paper and allied products
Printing, publishing, and allied industries______ ___
Chemicals and allied products ______________________
Petroleum refining and related industries___________
Rubber and miscellaneous plastics products________
Leather and leather products_____________ _________
Stone, clay, and glass products ____________________
Primary metal industries ___________________________
Fabricated metal products___________________________
Machinery, except electrical________________________
Electrical machinery, equipment and supplies----- ---Transportation equipment ___________________________
Instruments and related products____________________
Miscellaneous manufacturing industries_____________
23
112
10
20
48
15
18
59
32
65
15
21
21
31
110
51
116
99
126
19
10
88.7
350.0
23.3
44.2
431.6
22.6
35.7
104.7
71.5
117.2
24.9
110.6
64.2
117.0
568.0
122. 1
343. 1
295.3
1,237. 7
48.0
20. 1
1
7
10
4
15
1
11
9
4
21
21
48
23
60
6
2
2.2
16.8
16.0
14.4
29.1
1.0
26. 1
19.9
20.5
58.4
46.8
136. 3
51.9
552.5
12.7
2.7
13
13. 3
9.8
9 .4
26.4
7
3
2
9
18
38
18
49
4
2
11.6
9.4
9.0
22.0
41. 1
110.7
26.5
483.8
8 .4
2.7
1
4
Nonmanufacturing----------------------------------------------
824
3,428. 7
126
885.6
16
47.0
38
Mining, crude petroleum, and natural gas
production ... __________________ ____ _______
Transportation 4 . ___ __ _____________ __________
Communications __________________________________ _
Utilities: Electric and gas __________ . . . . _____________
Wholesale trade________________ ________ ___ __
Retail trade —--------------------------------------------- -------Hotels and restaurants — _____________ ________ _
Services
__________ _________ ______________________
Construction______________ __________________________
Miscellaneous nonmanufacturing industries ________
18
88
78
71
24
104
45
75
316
116.3
622.3
587.2
176.8
41.3
274.8
186.4
302.5
1,114.8
6 .7
2
38
55
8
2
10
1
5. 1
382. 3
420. 5
16. 1
2. 5
20. 1
3.0
32.2
2 .2
1.7
2
3
2
2
2
5. 1
7. 5
4 .4
4. 1
2.5
_
1
2
1
1
3.0
See footnotes at end of table.
Part-time
employees
Agreements
Workers
5
7
2
1
_
_
_
2
1
_
1
2
1. 2
1.7
3. 3
1.0
1.0
7. 1
4. 5
2
2.9
2.8
2. 9
1
2. 3
-
1
31
2
2
17. 6
_
_
1
1
_
_
_
2
2. 9
1
1. 7
2
5.8
1. 0
_
1
i
_
_
_
1
1
1.8
1. 9
I
i
_
1.8
_
-
-
312.4
7
21. 3
1.0
302. 7
3.0
_
_
_
2
4. 8
-
3
7. 0
2
9. 5
3.7
1. 1
1. 0
_
-
-
T a b le 7. L a y o ff o f s p e c ia l c a te g o rie s o f w o rk e rs in m a jo r c o lle c tiv e b arg ain in g a g re e m e n ts , by industry, 1970- 71—C o n tin u e d
(W o rk e rs in thousands)
Having pro\ision=> fo r la y o ff o f s p e c ia l c a t e g o r ie s o f w o rk e r
C om binations: P roba tion ary,
te m p o r a r y , and p a r t -tim e 1*
Industry
W ork ers
A g re e m e n ts
W ork er s
A ll in d u stries .................... ........................... .................
ol
225. 0
37
3 T9. 2
M anufacturing _________________________ ____ __________
33
99. 3
A g re e m e n ts
O rdnance and a c c e s s o r i e s ................................... ...............
F ood and kindred p r o d u c t s ......................................................
T o b a c c o m anufacturin g ............................. ..............................
T extile m ill p rod u cts ................ ..............................................
A p p a rel and other fin ish e d p ro d u cts ..... ..........................
L u m b er and w ool p r o d u c ts , ex ce p t f u r n it u r e _________
F u rn itu re and fix t u r e s .................................................-....... —
P a per and a llie d p rod u cts ......................................................
P rin tin g , publishing, and a llie d i n d u s t r ie s __________
C h e m ica ls and a llie d p ro d u cts ........................ ....... ............
P e tro le u m refin in g and r e la te d in d u s tr ie s .......................
R u bber and m is c e lla n e o u s p la s tic s p r o d u c t s ................
L ea th er and leath er p r o d u c t s ............. .................... ...........
Stone, c la y , and g la s s p ro d u cts ______________________
P r im a r y m etal in d u s trie s _____________________________
F a b r ic a te d m eta l p r o d u c t s ......................................................
M a ch in ery, ex cep t e l e c t r i c a l .............................. — ......... —
E le c t r ic a l m a c h in e r y , equipm ent and s u p p lie s .............
T ra n sp orta tion equipm ent ------- -------------------------------------Instrum ents and r e la te d p r o d u c t s ............................... .......
M is c e lla n e o u s m an ufacturin g in d u s t r ie s ______________
,
1
,
1
1
1!
;!
5
_
_
_
1
2
.
_
_
8. 6
_
_
_
2. 2
2. 5
_
_
_
1
1
i
7
.
5
5
3
2
1. 6
5. 1
2. 5
20. 2
_
16. 3
2 5 .4
10. 7
4. 4
-
_
M ining, cru de p e tro le u m , and natural gas
p r o d u c t io n ...------------- ------- ------------ -------------------------------T ra n sp orta tion 4................... ................................ .......................
C om m u n ica tion s............. ......................................... ....................
U tilitie s : E le c t r ic and g a s .......... ...........................................
W h olesale t r a d e ............................................................ ............. .
R eta il trade --------------------- ------ - ------- ----------- ------ — ...........
H otels and r esta u ra n ts ---------------- ---------------------------------S e r v i c e s ................ — .................. - .........- ........— ....... ..................
C o n s tr u c t io n --------------------------------------------------------------------M is c e lla n e o u s nonm an ufacturing in d u s tr ie s ................
2h
;
125 .7
_
_
_
_
_
.
_
_
_
_
_
_
_
_
_
_
_
_
.
.
|
-
i
|
i
_
_
_
_
_
_
_
_
_
-
i
3 79 .2
37
1
1
!i
■
!
i
'
20
4
2
_
2
_
1
!
_
_
108. 6
9. 1
4. 0
i
i
|
!
i
I
!
_
_
_
_
_
_
_
i
N onm anufacturing..................................................................
p r o v is io n s
T r a in e e s 1
f
O th e rs1
3
2
T
A g re e m e n ts | W o rk e rs
• A g reem en ts
W ork ers
A g re e m e n ts
W ork ers
. '
_____________________ 1
_
_____ ................. ........j
M oon ligh ters
34
3
i
1
i
18
!
87. 1
j
4
_____1 6.2
H
j
87. 1
!
1
4
16. 2
;
10. 3
1. 0
_
_
.
_
_
.
4. 0
1.0
_
_
_
9. 0
2. 3
1. 1
6. 5
_
52. 0
_
3
1
_
_
_
_
_
.
2
1
_
_
_
1
1
1
3
5
.
_
1
_
_
_
_
_
_
_
1
.
_
_
1
_
*
i
!
I
l
j
|
1
1
1
5 ,6 8 1 . 9
_
j_
698
’
2, 543. 1
.
_
.
_
_
_
_
!
|
!
16
50
23
63
22
94
44
68
314
4
j
|
1
1
111.2
240. 0
166.7
160.7
38. 8
254. 7
183.4
270. 3
1, 112.6
5. 0
4. 0
|
9. 2
_
_
.
2. 0
_
-
1,440
!_____ 7 4 2 _______
3, 13.s, 8
i
17
t>3. 3
88
i
1
293 .0
6
14. 3
18
41. 3
48
431. 6
14
20. 4
18. ^
11
88. 7
49
28
5L 1
50
88. 1
14
2 3. 9
10
84. 6
12
.
4 4 .4
27
i
96. 5
89
509. 6
30
75. 3
b8
206. 8
76
243. 4
66
685. 2
13
35. 3
8
17. 5
_
1. 0
_
_
_
_
_
_
,
_
i
_
_
_
_
_
_
_
_
_
_
.
.
.
_
_
_
_
_
373.8
54. 0
_
1
|
i1
4. 1
_
_
_
_
_
_
_
_
_
-
-
-
-
-
-
-
1 Inclu des 23 a g re e m e n ts c o v e r in g 7 2 ,6 0 0 w o r k e r s with p r o v is io n fo r layoff o f p ro b a tio n a ry and te m p o r a r y e m p lo y e e s ; 7 a g re e m e n ts c o v e r in g 2 4 ,0 0 0 w o rk e rs with p r o v is io n fo r la yoff of
prob a tion a ry and p a r t-tim e e m p lo y e e s ; 20 a g r e e m e n ts co v e r in g 102,700 w o rk e rs with la y o ff p r o v is io n fo r te m p o r a r y and p a r t-tim e e m p lo y e e s ; and 11 a g reem en ts c o v e r in g 2 5 ,8 0 0 w o rk e rs with
p r o v is io n fo r the la y o ff o f p ro b a tio n a ry , t e m p o r a r y , and p a rt-tim e em p lo ye e s.
2 Inclu des 8 a g re e m e n ts c o v e r in g 36, 300 w o r k e r s with p r o v is io n fo r la yo ff o f tr a in e e s and 10 a g re e m e n ts c o v e r in g 5 0,800 w o rk e rs with p r o v is io n fo r the la y o ff o f tr a in e e s and p robation ary e m
p lo y e e s .
3 Inclu des 1 ag ree m e n t c o v e r in g 1 ,000 w o r k e r s , providing la y o ff o f probation ary and "c h a n g e o v e r " e m p lo y e e s ; 1 a greem en t c o v e r in g 2 ,0 0 0 w o r k e r s p rovidin g la y o ff o f p rob a tion a ry and
p a r t-tim e e m p lo y e e s and t r a in e e s ; 1 a g re e m e n t c o v e r in g 4 ,0 0 0 w o rk e rs providing la y o ff o f e m p lo y e e s o v e r 65; and 1 ag re e m e n t c o v e r in g 9 ,2 0 0 w o rk e rs provid in g la y o ff o f prob a tion a ry and tem p o
r a r y e m p lo y e e s and in terp lan t t r a n s fe r e e s .
4 E x clu d es r a ilr o a d and a ir lin e in d u s tr ie s .
NOTE:
B e ca u se of rounding,
su m s
of individual item s m ay not equal totals.
C h a p t e r III. L a y o f f P r o v i s i o n s
Of the 1,845 major collective bargaining agreements examined, 80 percent, cov
ering about the same proportion of employees, referred to layoff.
(See table 8. ) Of
these, a sm all proportion gave no details of the layoff process, including some that
made the layoff procedure a matter to be determined in local bargaining.
A ll or virtually all of the agreements in most industries contained detailed lay
off provisions, ranging from brief statements of seniority policies to elaborate provi
sions covering all aspects of the process.
The m ost complicated provisions were
characteristic of agreements covering single manufacturing firm s having highly com
plex organizational structures, while the less detailed ones were most often found in
multiemployer agreements and in nonmanufacturing.
The overall prevalence of detailed layoff provisions (77 percent) differed little
from that obtained in the sim ilar study based on major agreements during 1954-55.
The apparent sim ilarity, however, arises from a combination of increases in these
provisions in the apparel, printing, and service industries, and the larger number of
m ajor agreements in the construction industry (from 124 to 316) where layoff-recall
arrangements are rare.
Excluding construction, 91 percent of the agreements exam
ined contained detailed layoff provisions, compared to 83 percent in the earlier study.
The apparel industry, where worksharing often substitutes entirely for layoff, remained
the only industry besides construction to include layoff details in fewer than half of its
m ajor agreements.
Not enumerated were a handful of agreements that mentioned layoff only in the
management rights section.
Unless modified elsewhere in the agreement, the clause
could be interpreted to mean that the union has no voice in the layoff procedures.
However, it is conceivable that on a matter as basic as a layoff, management would
still consult with the union.
Advance notice of layoff
It is now common practice for a company to be required to provide advance no
tice of a layoff to the affected employees, either directly or through the union.
This
has several advantages: It enables the surplus employees to check their seniority sta
tus and displacement rights, to make financial adjustments, or to seek work elsewhere.
A disadvantage, however, is that upon notification that they are to be laid off, some
employees may suffer morale problems or quit prematurely, thus lessening efficiency
and disrupting operations.
Of the 364 sample agreements examined intensively for details of layoff provisions,
55 percent, covering 58 percent of the workers, provided advance notice of layoff. (See
table 9 .) Notice might be to the union, the employees, or both.
Nearly a fourth
of the provisions permitted (or required) the employer to pay employees for the period
in lieu of notice.
Where a time period was specified, it usually was short. (See table
10. ) A week or le ss— sometimes under 24 hours---- was common, although a few agree
ments, m ostly in nonmanufacturing, particularly communications, mentioned a longer
notice period.
Many of the provisions specified or implied that the advance notice r e
quirement could be waived under certain conditions:
(128)
Whenever possible, at least 2 weeks prior to any layoff, the company will prepare and submit to the
union a list of the names and the order in which persons in each department are to be laid off.
(129)
When there is a decrease in the working force, the President and the Chief Steward of the association
or their designates and the employees being laid off shall be given a 72 hour advance notice of such
layoff, unless such layoff is caused by government directive or decision, or by acts of God.
In 22 percent of the provisions, required notice was to the union only. Compared
to the other clauses, these tended toward longer or indefinite advance notice periods.
29
Presumably, the timing of the notice to the surplus employees was left to the d iscre
tion of the union.
The first illustration also allowed the union to participate in the
layoff procedures:
(130)
The company shall meet with the proper union representatives, as far in advance as possible, to work
out the details of any reduction of force pursuant to the following paragraphs of this section. . . .
(131)
Notification shall be given the organization at least 2 weeks in advance of the date effective of such
layoff.
(132)
The company shall give the International or local involved advance notice of any anticipated layoff
program,
A fourth of the clauses provided for direct notice to the employees only, gener
ally no more than 7 days in advance of the layoff.
The company's commitment to give
notice was weak in the first example.
In the second, employees with a year or more
of seniority were to be given more notice than the others:
(133)
In any layoff, the management shall make every reasonable effort to give advance notice to employ
ees affected.
(134)
When reduction of force is necessary, the company agrees to give 15 days' written notice of forcereduction furlough to affected employees with the class-of-work seniority of 1 year or more, and
7 days' written notice of force-reduction furlough to employees with class-of-work seniority of less
than 1 year but more than 30 days.
(135)
The employer shall give an employee a 5 day notice, in writing, before laying off an employee.
More
ployee and
perhaps to
ployees of
than a fourth of the clauses provided for advance notice both to the em
the union.
The union was sometimes notified earlier than the employees,
provide time to protest any deviations from seniority, and to advise em
their rights:
(136)
When the employer becomes aware of a pending temporary layoff, he will notify affected employees
with seniority no later than the first 2 hours of their last work shift. The shop steward will also be
notified.
(137)
The corporation shall give a minimum of 7 calendar days advance notice of layoff to the union, and
to the affected employee if he is available.
About 1 agreement in 4 required the employer to give either advance notice or
payment in lieu of notice.
If there is no further need for the employee's services,
the employer may opt for the latter, giving the employee a paid period to seek other
employment.
In one example below, the employer was required to give any combination
of notice and payment equal to 5 days. The last clause, providing 3 weeks' notice or pay
was unusually liberal:
(138)
The employer agrees that it will give 5 days' notice of any layoff of 1 week or more, and that if it
fails to give such full 5-day notice to any employee, it will pay him 8 hours' pay at his regular
straight-time hourly earnings for the prior calendar week for each day under 5 days between the day
of the actual layoff notice and the first day of the layoff.
(139)
Regular employees shall receive no less than 7 days notice in the event they are to be laid off.
lieu of notice, pay for 1 week shall be granted to the employee.
(140)
Any technician who is laid off shall receive 3 weeks' notice of such layoff, or 3 weeks' pay in lieu
of such notice.
In
Role of the union in layoff
Of the 364 layoff provisions examined in detail, 85, or 23 percent, established a
union role in the layoff procedure beyond the requirement of advance notice.
The de
gree of union participation in management's layoff decisions varied widely; some clauses
stipulated only that the union would be consulted on layoff decisions, while others re
quired union approval of some proposed procedures.
Many of the clauses limited union participation to consultation or discussion with
management regarding the feasibility of layoff.
In the event of union objection, man
agement presumably could still take the desired action, and the union could ’’grieve"
30
the decision, unless such grievances were specifically prohibited.
The second illustra
tion permitted the union to begin such a grievance procedure at a higher step:
(141)
Insofar as practicable, it will be the policy of the company to discuss all proposed layoffs with the
union before putting a layoff into effect.
(38)
The company may find it necessary, at times, in order to provide adequate service to the company^
customers or for efficient plant operations, to transfer or lay off employees while the working schedule
exceeds the basic workweek in any department or subdivision thereof. The company will discuss fully
any such transfer or layoff in advance with the union, after which the company may put such transfer
or layoff into effect subject to the union*s right to advance any objections immediately into step 4 of
the grievance procedure.
Provisions requiring union approval of a management decision to cut the work
force are seldom found in collective bargaining agreements and none were found in the
sample.
However, as discussed in another section of the study, the union is som e
times permitted to choose between layoffs and worksharing.
A significant proportion of the union participation clauses left the layoff decision
entirely to management, with the union only involved in joint discussion of the layoff
procedures, particularly the order of layoff of employees:
(142)
When an employee with the least seniority is not to be the first laid off, the company will consult
with the union before the layoff becomes effective.
(143)
The union shall, by representatives designated by it, have the right to confer with the employer in
behalf of any laid off or transferred employee. If the union claims that a layoff or transfer results
in any abuse of the rights of employees, the grievance shall be subject to the grievance and arbitra
tion provisions . . . of this agreement.
Definite approval of exceptions to the normal layoff order was required in a num
ber of the provisions:
(144)
By agreement between the Employee Relations Division of the company and the union, in writing,
persons may be retained, recalled, or hired without regard to the provisions of this article.
(145)
Seniority shall govern the order of all layoffs and recalls, provided the employee is experienced or is
competent to perform the work, any exceptions to be jointly negotiated by the union and management.
No exceptions shall be negotiated for employees with less than 5 years of seniority.
A few agreements established joint labor-management committees to deal with
layoff m atters:
(146)
The company and the union agree to select a committee representative of management and labor,
such committee to consist of the department head, the union departmental representative, and one
representative of management and labor to be selected by the two designated. The functions of the
committee shall be to review cases involving . . . increases and decreases in the working force . . .
with a view of preventing arbitrary or unreasonable decisions in respect to such matters. The com
mittee so ap'pointed shall, in the exercise of their functions, take into consideration the performance,
health, and attendance records of the individual employees involved.
Role of seniority in layoff and recall
The central focus of m ost collectively bargained layoff and recall provisions is
the weight assigned to seniority, relative to ability and other factors, in determining
who should be laid off or recalled.
The shortest layoff provisions, in fact, often con
sist of no more than a statement of policy regarding the role of seniority.
All but 1 of the 364 agreements studied in detail assigned seniority a part in de
termining the order of layoff; somewhat fewer did so in the recall procedure.
(See
table 11. )
More than a fourth of the agreements indicated that layoffs would be based on
seniority alone, and a slightly sm aller proportion accorded seniority a sim ilar role
in recall.
It is likely that employees covered by provisions of this type are laid off
directly from their classifications and recalled in the same manner. Relatively few of
the clauses specifying strict adherence to length of service contained bumping provi
sions permitting displacement of possibly better qualified junior employees.
The first
illustration below allowed a union investigation into the causes of layoff; it did not
clarify the role of seniority in determining the order of recall:
31
(147)
In the event the employers find it necessary to lay off an employee due to slackness of business, such
layoff shall be on the basis of seniority, and when an employee has been laid off for said reason, the
unions shall have opportunity for the investigation of said layoff. The employers shall give preference
to laid off employees in case of re-employment. . .
(148)
When it becomes necessary to reduce the working force, the last man hired shall be laid off first, and
when the force is again increased, the men are to be returned to work in reverse order in which they
are laid off.
(149)
Seniority shall apply to layoffs and rehire. The last employee hired shall be the first laid off, and
the last employee laid off shall be the first rehired.
The m ost common type of seniority clause, present in 44 percent of layoff and
48 percent of recall provisions, gave seniority a predominant role, but also required
consideration of ability or other factors.
Usually, this meant that junior employees
would be surplused provided the senior workers could do the remaining work, even if
junior employees were more capable:
(150)
Length of service shall prevail in layoffs and rehiring, provided the senior employee can perform the
work required.
(151)
The principle of length-of-service seniority shall be adhered to in departments or divisions in arranging
all . . . layoffs and reemployment in the plant as long as the men affected have ability and per
form their work in a safe and efficient manner.
(152)
Seniority shall govern in regard to
the ability to perform the job.
increase or decrease in forces, provided the individual has
Less favorable to the senior employee were clauses, present in about 20 percent
of the layoff and 18 percent of recall provisions, where seniority became the deciding
factor only in the event that other qualifications were relatively equal.
These clauses
were alm ost standard in the prim ary metals industry:
(153)
In recognition of the responsibility of the management for the efficient operation of the works, it is
understood and agreed that in all cases of . . . decrease in forces or recalls after layoffs, the follow
ing factors as listed below shall be considered; however, only where both factors "a M and "b" are rel
atively equal shall continuous service be the determining factor:
a.
b.
c.
ability to perform the work,
physical fitness,
continuous service.
(154)
In matters of layoffs and rehiring, the relative efficiency of the employees being equal, length of
service shall prevail within each classification.
(155)
Seniority shall be the determining factor in matters affecting layoff and recall from layoff • • • unless
the employees* qualifications for the job are not approximately equal. The company's determination of
qualifications of employees, for the purpose of this article, shall be final, unless it is established
through grievance procedure that such determination was made without reasonable justification.
A sm all proportion of the clauses were ambiguous, citing both seniority and non
seniority factors without indicating the weight assigned to either:
(156)
Seniority, qualifications, and ability to perform the job shall apply in all cases of layoff, recall, trans
fers, and preference of shift, unless otherwise mutually agreed upon between the company and the union
committee.
(157)
The company agrees in ree..iploying employees and laying employees off to pay due regard to the
relative seniority, ability, and competence of employees.
Another sm all group of multiplant or multiemployer agreements provided that the
application of seniority would be determined at the local plant level:
(158)
When increases or decreases in the working force become necessary, they shall be made on the basis
of seniority as set forth in the local plant supplements.
Occasionally, the role of seniority varied with the length of service of the em
ployee.
The following clauses gave added protection from layoff to employees with the
required service by assigning greater weight to the em ployees’ seniority and less to their
other qualifications:
32
(159)
In all cases of layoff, rehiring, promotion and demotion, . . . where ability and experience in performing
the available work are equivalent, length of service shall govern. In cases of employees with 10 or
more years of service, however, layoffs and demotions shall not take place if the employee involved
has sufficient skill and ability to perform the available work satisfactorily without further training.
(160)
Employees in good health, whose regular job performance has been satisfactory, will be laid off as
follows:
1.
2.
Seniority will govern for employees with 5 years or more seniority.
Competence and ability will govern for employees with less than 5 years of seniority.
Many agreem ents provided that the ord er of layoff would also determ ine the ord er
of re ca ll.
F or such cla u ses, it m ay be assum ed sen iority ca rried the same weight in
both instances:
(161)
After layoff because of lack of work, employees shall be rehired in the inverse order in which they
were laid off.
(162)
Should it become necessary at any time for the employer to reduce the number of employee force in
the plant, the seniority rights of the employees shall be recognized, and the employee holding the
lesser seniority shall be laid off first.
It is further agreed that when increasing the forces in the plant, the same principle of seniority shall
be observed and laid off employees shall be called back in reverse order in which they were laid off.
(66)
Rehiring shall be in inverse order of seniority. It is specifically agreed and understood that no new
help shall be hired until all such employees shall have been recalled.
Although usually the sam e weight applied to sen iority in both layoffs and re ca lls ,
there w ere exceptions.
In the exam ple, seniority alone governed in layoffs, but for
re ca ll, the sen ior em ployee was required to be qualified to do the work:
(163)
When men are laid off to reduce the service in any department, the last man hired will be the first
one laid off, and so on up the list. When an increase in employees is necessary, employees who
have previously been laid off in the department, due to lack of work, shall be given preference in
accordance with their previous age in that department, provided they are available for work and qual
ified to fill the job that is open.
N onseniority fa cto rs in layoff and r e ca ll
Of the 364 sam ple la y o ff-r e c a ll p rov ision s exam ined, 72 p ercen t stipulated that
qualifications in addition to sen iority (for exam ple, com petence and fitn ess) would be
given consideration. 15 . (See table 12.) The fa ctor m ost often cited was the em p loy ee's
sk ill, ability, o r a synonym, appearing alone or in com bination with other fa ctors in
m ore than tw o-thirds of the clau ses mentioning nonseniority fa ctors in layoff, and in
nearly th ree-fifth s of those in re ca ll:
(164)
In the event of layoff because of lack of work, the company will recognize the principle of seniority
(length of service), and will apply it subject to the ability of the employees involved to perform the
available work.
(165)
In the event employees are to be laid off from employment with the employer, the employee with
the greatest seniority shall be the last to be laid off and the first to be recalled where such em
ployee is competent to perform the work required.
(166)
In all cases of decreasing and increasing the work forces, the principle of seniority shall prevail, and
senior employees, based on companywide seniority within the jurisdiction of this agreement, shall be
given preference, provided they have the ability to perform the work. All circumstances being rea
sonably equal, length of service shall be the controlling factor.
In the follow ing, an em ployee having a sufficiently higher rated job was automa
tica lly con sidered to m eet requisite standards of sk ill and ability, and was to be r e
tained:
(53)
When reducing the work force, employees shall be laid off in accordance with their position on the
seniority roster as determined above, which shall be the controlling factor where skill and ability to
perform the available jobs are equal. The parties agree that "skill and ability" has a direct relation
ship to an employee's rate of pay, and that the following definition shall apply in a layoff situation
for employees paid less than the scale rate of job:
15
One agreement cited neither seniority nor nonseniority factors; a drawing determined the employees to be laid off.
33
a. If the position of any two employees on the wage progression schedule is within two rate ad
justments of each other, then the most senior shall be retained by the company.
b. If three or more rate adjustments on the progression schedule separate the employees, then the
higher paid employee is declared the more skillful, and shall be retained by the company.
P h ysica l fitness was to be con sidered in about 20 p ercen t of the agreem ents nam
ing nonseniority fa c to r s , alm ost always in com bination with other qualifications:
(18)
In cases where management finds that knowledge, ability, skill, physical fitness, and job performance
are approximately equal, and a question involving . . . layoff . . . or reemployment shall arise, the
employee having longest seniority shall be given primary consideration. . .
(167)
. . . senior employees shall be retained in the event of layoff under the conditions outlined in this
article when they have the qualifications, ability, physical fitness, and experience to satisfactorily
perform remaining jobs, and their production and attendance records are satisfactory.
(168)
. . . in all cases of . . . decrease in forces or recalls after layoff, the following factors shall be
considered; however, only where factor Mb" is relatively equal shall factor "a" length of continuous
service be the determining factor:
a.
b.
Continuous service
Ability to perform the work, which includes physical fitness.
In the case of decrease of forces and subsequent increase of forces, the senior employee who has
previously demonstrated his "ability to perform the work" shall not be questioned on relative ability,
provided he otherwise qualifies on "physical fitness."
Only about 5 percen t of the clau ses re fe rre d to the e m p lo y e e s1 training as a
fa cto r in determ ining the o rd e r of layoff, with few er in re ca ll.
This standard always
appeared in com bination with sk ill and ability o r other crite ria :
(169)
. . . in cases of termination because of lack of work, and in considerations for reemployment . . ,
the applicable seniority shall be the determining factor if the ability, skill, training, knowledge, gen
eral performance, and physical fitness of the individuals involved are approximately equal.
(170)
Seniority shall concern layoffs and reemployment.
equal, seniority shall govern. These factors are:
Where factors (1) and (2) below are relatively
(1) intelligence, training, ability, skill, adaptability to do other work in the plant, and overall
efficiency;
(2) physical fitness
The employer shall be the judge of these factors in his employees, but such judgment must be fairly
and reasonably exercised.
Other sp e c ific n onseniority c rite ria such as attendance w ere included in a sm all
number of agreem ents.
F am ily status was m entioned in one:
(42)
Continuity of employment and attendance, in conjunction with seniority, shall govern layoffs in case
of curtailment of production or temporary cessation of operations.
(103)
In all cases of . . . decrease of forces, decisions shall be made on basis of the employee^ length of
continuous service (in seniority unit) . . . on condition that such employee has the capacity to absorb
training required to perform the job available, and the ability to do the work. Where relative lengths
of service and relative abilities are equal, factors (a) length of company service, (b) family status,
number of dependents, (c) place of residence, shall govern in that order.
About 30 percen t of the la yoff p rov ision s establishing crite ria in addition to s e
n iority indicated em ployees m ust be ’ 'qualified” without further definition.
About
35 p ercen t of re ca ll prov ision s w ere sim ila rly w orded:
(171)
When it becomes necessary to layoff employees in any seniority group, the employee having the least
seniority shall be laid off first, provided the employees so retained have the necessary qualifications to
perform the work available. . . .
Rehiring shall be in reverse order of layoffs within a seniority group, subject to the company*s need
for men to perform the work available, and subject to satisfactory qualifications to perform the work.
(172)
Seniority within departments shall prevail in layoffs and recalls after layoffs, provided the employee
retained or returned is qualified to fill the position or job to which he or she is assigned.
(173)
Plantwide seniority with regard to qualifications shall govern in layoffs and recalls after layoff.
34
The term ’ ’q u a lifica tio n s" m ay be subject to a wide range of interpretations by the p a r
ties th e m se lv es.
Depending on the p ractice under a p articular agreem en t, an em ployee
m ay be considered qualified if he can dem onstrate a m inim al ability to p e rfo rm a jo b ,
or he m ay be required to m eet a much m o re rigorous set of standards.
M anagem ent
and the union m ay agree to apply the term flex ib ly to suit p articu lar conditions.
O cca sio n ally , the term "q u a lific a tio n s " was accom panied by a definition:
(174)
Qualifications . . . shall be based on the employee's experience, conduct on the job, attendance and
demonstrated productive efficiency, quality of work, skill and ability.
A sm a ll num ber of p rovision s named sp ecific requirem ents in addition to the gen
e ra l requirem ent that the retained or reca lled w orkers be qualified.
In the illustration
below , "s e n io r ity ” its e lf was defined to include fa cto rs b esid es length of s e r v ic e :
(175)
Seniority under this agreement shall consist of the factors of length of service in the department, se
niority group as hereinafter defined, and qualifications, ability, skills, experience, physical fitness,
and job performance.
Seniority units in layoff
The m o st com plex section in many collective bargaining agreem en ts concerns the
units within which a displaced em ployee m ay e x e r c ise his tra n sfer or bumping rights.
Com m only d iscu ssed are the original units for displacem ent and the various options
open to the displaced w orkers within and between units that determ ine in p ractice the indi
viduals actually separated fro m the p ay ro ll. A lso often d iscu ssed is the effect that m o v e
m ent between units w ill have on seniority righ ts, where seniority is held on a unit b a s is .
Other fa cto rs being equal, an em ployee slated fo r layoff who is perm itted to ex
e r c is e seniority only within his own c la ssific a tio n has le s s opportunity for continued
em ploym ent than an em ployee who can e x e r c ise seniority on a plantwide b a s is .
Other
v ariab les m u st be considered , how ever.
In som e in sta n ces, p erson al qualification r e
q u irem en ts, bumping r e s tr ic tio n s , allow able tria l p e rio d s, and other lim itations m ay in
p ra ctice lim it the options available under a "plantw ide se n io rity " provision m ore than
the seem in gly m o re re stricte d m oves perm itted under another type of p rovision .
V irtually all of the 364 sam ple layoff p rovision s specified the units within which
displacem ent would originate and, at le a st in itially, be confined.
(See table 13. ) In
about 80 percent of the a gree m e n ts, the layoff p r o c e ss originated in units sm a lle r than
a plant.
About half of the agreem en ts established occupationally related units— c la s s i
fica tion s,
occupational fa m ilie s or lines of p ro g re ssio n — for original layoff.
A fourth of a ll agreem ents established the origin of layoff as the job c la ssificatio n
or occupation within a subdivision, com m only a departm ent, implying that junior em p loy
ees in the sam e cla ssificatio n working in departm ents not d irectly affected would not
be disp laced:
(176)
When it becomes necessaryin a department to reduce the number of employees in a job classification,
or to abolish an entire job classification within a department, the following procedure shall be followed:
An employee so affected by the reduction or abolishment shall be entitled to any job of equal or
less pay in such department for which he has department seniority and is otherwise qualified.
(177)
The employer agrees that seniority by classification and department shall prevail in making layoffs. . . .
In the event of a layoff, an employee of a higher classification shall have the right to take a reduc
tion into a lower classification, provided he has the seniority and ability to perform the lower classi
fication.
An additional sixth of the agreem en ts cited c la ssific a tio n without lim iting the d is
placem ents to a subdivision.
It is , of co u rse , p o ssib le that a ll of these jobs would be
found in one departm ent only:
(178)
If it shall be necessary for the employer to reduce its forces, seniority by job classification shall govern
the selection of those laid off, the older workers in length of service to be retained; if the employer,
after such layoff shall again restore its forces, those employees laid off shall be reemployed in the
order of their seniority before any new employees are hired.
(179)
In case it shall become necessary for the employer to lay off one or more employees, seniority rules
shall apply, within classifications; the employee who has the shortest length of time shall be the first
to be laid off and in rehiring, those laid off first shall be the last to be reemployed.
35
About a tenth of the agreements established the process as originating in an oc
cupational family or line of progression:
(180)
When it becomes necessary to lay off employees in any line of progression because of lack of work, the
layoff will be made in accordance with the plan agreed upon between the company and the local
union representing the employees in the affected department. Such layoff agreements will be reduced
to writing and have the force of contract.
(181)
. . . seniority employees in the seniority division and line of progression having the least operational
seniority . • . will be laid off, provided there are available employees remaining in the classification
affected who are willing and qualified to perform the work of the employees to be displaced.
The la rg e st single proportion of agreem en ts (nearly 30 percent) stated that the
p ro ce ss would begin on a subdivisional (departm ental) le v e l:
(182)
In the event of curtailment within a department, an employee will be released from the department
in order of his departmental seniority, starting with the employee with the least department seniority . . .
(183)
In case a reduction in forces becomes necessary, the rule shall be that men holding the least depart
mental seniority shall be released. The intent of this section is that men with longer service be en
titled to the best available jobs for which they are qualified by experience and skill.
About 1 of e very 8 agreem en ts establish ed the entire plant or a broader area as
the origin al unit fo r layoff:
(121)
The seniority program shall be on a plantwide basis, and the principles of plantwide seniority shall be
applied in all cases of layoff and rehiring.
(184)
The employer agrees to make promotions, layoffs, and rehires on the basis of fitness, ability and se
niority. Where qualifications are equal, seniority shall prevail, and seniority shall prevail through the
entire number of stores of the employer in the area covered by this agreement.
(185)
In making layoffs due to curtailment or lack of work, the employees having the least company seniority
in the plant involved will be laid off first. However, if an employee with greater seniority displaces
the employee being laid off, he must have the requisite ability to perform the work with a reasonable
break-in period.
The rem aining p rovision s w ere u n clear, m ade no refe re n ce to units, or left the
m atter as a subject fo r lo ca l bargaining.
In a large proportion of the a gr ee m e n ts, em ployees d isplaced fro m their own units
could avoid separation fro m the p ay ro ll by, in turn, tra n sferrin g to vacan cies or bumping
into other units. As table 14 in d icates, n early half the p rovision s allow ed the displaced
w orker to e x e r c is e his seniority on a plantwide b a sis (su bject to other qualifications)
or in som e instances between plants to avoid layoff.
Often, the em ployees in itially
displaced w ere perm itted (and so m etim es required) to e x e r c is e their seniority in su c
c e ssiv e ly la rg e r units until those fin ally displaced who had no further options w ere
rem oved from the p ay ro ll.
T hese illustations w ere among the m o re concise p rovision s
exam ined:
(186)
Layoffs and rehiring shall be made on the basis of plantwide seniority, provided that any employee
laid off shall first exercise his seniority claim in the department in which he heretofore has been em
ployed, by claiming the job of the most junior person within his classification in the department, then
the affected person bumped from the classification shall exercise his seniority by bumping the lesser
senior person in a relative or similar job rate in the department to which they have the skill and abil
ity to perform, and then the most junior person in the plant to which they have the skill and ability
to perform.
(187)
Factory seniority is to be used only after it is determined that there is no opportunity for an employee
in his present department, and he would be subject to layoff. If this employee has greater factory
seniority than a more recently employed person, he shall be entitled to exercise the factory seniority
provision and replace the newest employee.
(188)
The order of layoffs shall be determined by job, departmental, and mill seniority, all as defined and to
the extent specified below, provided the employee is qualified to perform the work available, and all
factors that constitute ability are relatively equal:
(1) Within the job initially affected by the scheduled layoff, the person with the least job seniority
in such job shall be laid off.
(2) In lieu of accepting the layoff, such employee may, if he so elects, displace any employee
in a lower rated job in the same job progression, or the job held by the least senior employee in the
department, in accordance with the bumping employee's departmental seniority.
36
(3)
If the employee initially scheduled for layoff is unable to displace any junior employee in the
department in accordance with the proceding provisions, he may elect either to request transfer to any
then existing vacancy in any other department of the mill, provided he is qualifed to perform the same,
or he may elect to displace the least senior employee in the bargaining unit, whose job he is qualified
to perform.
The following clause d e scrib es a somewhat different procedure which should have
sim ila r r e s u lts .
The required number of least senior em ployees to be laid off was
fir st dieterm in ed; qualified senior w orkers surplused fro m their own units were then
perm itted to replace these specific em p lo y e e s:
(189)
In connection with a decrease in the working force which occurs after the date of this agreement, em
ployees who shall be laid off from their seniority unit shall have a right to be transferred to one of the
vacancies caused by the displacement of employees in the plant who have less plantwide seniority, in
accordance with the following procedure:
(a) The number of employees being removed from the various seniority units shall be determined.
(b) An equal number of employees with the least plantwide seniority shall be identified, and va
cancies shall be declared in each of the classifications in which these employees are then working.
(c) If the declared vacancy is above the minimum job class of a seniority unit, the management
shall, if qualified employees are available in the seniority unit, upgrade (without posting) one of such
employees to such declared vacancy.
(d) The management shall fill the resulting vacancies with the employees being laid off from the
seniority units to the end that the employees with the least plantwide seniority will be laid off from
the plant,
(e) In following the procedures of this section, the company shall not be required to transfer an
employee to a job, the duties of which he is not then qualified to satisfactorily perform without train
ing. The management shall have the right to make the initial determination of the question of qual
ification subject to review under the grievance procedure.
(f) If all of the employees with the least plantwide seniority are not replaced, because qualified
employees are not available to replace them, then a sufficient number of the next most junior em
ployees shall be displaced under the above procedure.
A number of agreem ents established job p ools, usually consisting of low er rated
or entry lev e l jo b s, as units to which w orkers who had exhausted other options could
tra n sfe r in lieu of layoff:
(190)
A layoff pool means a pool comprised of base rate jobs, plus any other jobs designated by local se
niority ground rules for the purpose of permitting qualified senior employees who otherwise would be
laid off to exercise their seniority.
O ccasion ally, the e m p lo yee's length of se rv ic e determ ined the scope of his tr a n s
fer or bumping rig h ts; lo n g e r -s e r v ic e em ployees w ere perm itted m ovem ents over a
broader a re a :
(191)
An employee with one or more years of seniority who is notified that, through force reduction, em
ployment cannot be continued in the present job, shall have job transfer rights. Transfer may be to
a job within the bargaining unit in the same title classification, but in another location, or to a job
in another title classification. In the latter instance, the employee must have previously performed
the same job satisfactorily within the company, can still perform it satisfactorily, and the job is held
by a less senior employee.
In the application of rights under this section, the following limitations shall apply:
Employees having 1 but less than 3 years seniority may exercise their option within the same district.
Employees having 3 but less than 6 years seniority may exercise their option within the same division.
Employees having 6 years or more seniority may exercise their option within the collectiv e bargaining unit.
An employee with 1 or more years seniority who is notified that through force reduction, employment
cannot be continued in the present job may claim, as a second choice, transfer to a job in another
title classification within the bargaining unit, not previously held within the company, but which job
he may be qualified to perform, by previous experience and training.
(192)
In the event of layoffs because lack of work, employees with the least seniority in the job clasifications affected within their departments will be moved to jobs in their departments on the basis of rela
tive seniority, provided they are able to perform the jobs to which they are moved in accordance with
the job requirements set forth in the description of the jobs referred to in this agreement. An em
ployee with less than 5 years seniority, who is not provided with a job through the application of the
provisions of this section, shall be laid off and will retain seniority, for recall purposes, only in the de
partment from which he was laid off.
An employee with 5 years or more of seniority, who is not provided with a job by the application of
section ^jabove/, shall be placed in any job which the company shall provide, but the company will
reasonably endeavor to place such an employee in a job similar in nature to his last job held. In no
event shall an employee with 5 years or more oi seniority be laid off when an employee with less se
niority is working on a job, which the senior employee can perform.
37
Seniority status in tra n sfe rs between
units during layoff
During periods of lay o ff, em ployees are likely to be tra n sferred or to bump fro m
units having a labor surplus to other units.
W here seniority is held on a le s s than
plantwide b a s is , the status of tran sferrin g em ployees is im portant.
It is to the advant
age of the em ployee if sen iority m ay be held and accum ulated in the old unit, and to
his further advantage if it m ay a lso be accum ulated in the new unit.
About 16 percent of the agreem ents re fe rre d to seniority status in the new unit,
while over 25 percent mentioned seniority in the old unit.
In a significant proportion
of th ese, seniority was either held in the broad est unit fo r disp lacem ent or tra n sfe rre d
im m ed ia tely , and th erefore the change had no p ra ctica l effect:
(193)
On the effective date of any such downgrade, the employee's total plant seniority shall transfer to the
new classification, which then becomes his current classification. • •
(194)
An employee processing under this layoff procedure will have his total seniority for all purposes on
any job he places.
The m o st com m on arrangem ent allowed seniority to continue to accum ulate in the
em p lo y e e 's fo rm e r unit:
(195)
Any employee transferred . . . to another department by direction of the company in the event of lay
off may return to the department from which he was transferred (his former department) with accumu
lated seniority in that department.
(196)
In the event that an employee is involuntarily transferred from one department to another for reasons of
lack of work or operational shutdown, he shall not lose, but shall accumulate departmental seniority in
the department where his departmental seniority is established.
An employee involuntarily transferred from one department to another shall take only plant seniority
into the department to which he is involuntarily transferred.
L e ss com m only, seniority in the em p lo ye e 's old unit was retained, but ceased to
accum ulate.
In the follow ing p rovision , seniority in the new unit com m ences with entry
into the unit, a rela tiv ely com m on arrangem ent:
(197)
Employees transferred from one seniority group to another shall retain, but shall not continue to accu
mulate seniority in their former seniority group. Seniority in the new seniority group shall accumulate
from the date of transfer. An employee can maintain seniority only in his current seniority group, and
that from which he was last transferred.
It is not usual fo r seniority to accum ulate in two units at the sam e tim e.
following states c le a rly that no seniority would be accrued in the new unit:
(198)
The
Employees displaced from their regular departments shall not accumulate temporary seniority in their
new departments, but shall be assigned available jobs on the basis of their continuous service, and
shall have recall rights only to their regular departments.
Seniority that did accum ulate in the new unit often was lo st upon return to the
em p lo y e e 's fo rm e r unit:
(199)
An employee who is assigned to a pool job in a different seniority unit . . . shall accrue unit service
in that seniority unit, as well as in his regular seniority unit, provided that such unit service will be
cancelled when he is recalled to his regular seniority unit, or '"hen he is reassigned to another senior
ity unit. . •
(200)
An employee transferred in lieu of layoff, who thereafter accepts recall to his primary group, will
forfeit all seniority accrued in the group to which he has transferred in lieu of layoff.
P ro v isio n s w ere ra re which stipulated that an em ployee tran sferrin g fro m one unit
to another would lo se sen iority in the old unit and would begin accum ulating seniority
only fro m the tim e of entry into the new unit.
T hese arrangem ents appear le a s t fa v o r
able to the em ployee and would deter bumping:
(116)
Employees electing to transfer to another division, in lieu of layoff, shall lose their classification and
group seniority in the division from which they have transferred, and shall begin seniority in the clas
sification and group to which they have transferred effective the first day of such transfer.
In som e a gree m e n ts, p assage of a specified period autom atically resu lted in the
tr a n sfe r e e 's seniority being assigned to his new unit:
38
(201)
An employee who temporarily transfers from one department to another, as a result of a layoff, shall
retain his rights in the department from which he came for a period of 6 months, and should an open
ing in his old job occur during the first 6 months of displacement, he must transfer back, unless he
has accepted a transfer to a bulletined job. Should such an opening not occur within that period, the
employee shall be retained in his new department, his priority being retroactive to the date of his
most recent transfer into his new department.
(202)
An employee transferred from one department to another department for reasons of layoff for permanent
incapacity, shall retain the departmental seniority that he had attained in his home department for a
period of 2 years from the date of such transfer.
At the expiration of this 2 year period, or upon the
employee's refusal to accept any vacancy occuring in his home department within this 2 year period,
or upon waiving his recall rights, the current department shall become the employee's new home de
partment.
Bumping p rovision s
About 60 percent of the layoff p rovision s examined in detail perm itted a senior
em ployee whose job was elim inated to displace a junior em ployee.
It is likely that the
p ractice is m o re prevalent than this figure would indicate, since m any agreem en ts state
only that layoffs w ill be according to sen iority, with no mention of the p r o c e s s e s in
volved.
The right to bump usually was lim ited by other clau ses in the agreem en t.
P re
viously mentioned w ere the nonseniority and unit req u irem en ts.
N early 80 percent of
the bumping provision s placed additional re striction s on the em p lo y e e 's right to d is
place a junior em ployee.
(See table 15. )
By far the m o st frequently encountered lim itation, p resen t in 6 of 10 agreem ents
having r e stric tio n s, was the requirem ent that the em ployee bump the lea st senior e m
ployee in the unit, rather than any em ployee having le s s s e r v ic e .
This s e r v e s to m in
im ize disruptions created by "ch a in bumping. "
(203)
Any employee affected by a curtailment may be placed in a job within the same department at a rate
equal to or lower than his rate prior to the curtailment, provided that he is qualified to perform such
job. The employee has no choice of jobs, but must displace the least senior employee on the job for
which he is qualified. . .
(204)
An employee, bumping onto a job on which he has seniority, must bump the last employee on the
seniority list in that job classification.
About 20 percent of the p rovision s restricting bumping required the bumping e m
ployee to have a sp ecified amount of seniority above that of the em ployee he wished to
d isp lace:
(205)
Before an employee with 4 or more years of plant continuous service is laid off from the surplus labor
list, he shall replace the employee with the least plant continuous service then working on a job
which the employee with 4 or more years of continuous service and scheduled to be iaid off at the
time has the ability to perform, provided that he has at least 1 year more of plant continuous service
than the employee with the least plant continuous service working on such job.
A sim ila r proportion of the re strictiv e clau ses lim ited the em ployee to bumping
into job s or units in which he had p reviou sly worked. 16
(206)
In the event of a reduction in the working force, or the elimination of a job, any affected employee
with greater seniority may claim any job in his department which he has previously performed.
M ore than a tenth of the lim iting clauses prohibited bumping upward into higher
c la ssific a tio n s.
The fir s t exam ple a lso set a tim e lim it on the right to bump, a fa irly
com m on re strictio n :
(207)
In case an employee has been laid off . . . or he has been bumped . . . he shall have the right to
"bump" within 2 working days any employee in the bargaining unit with less seniority who does not
have a higher rated job, provided that he has the skill and ability to perform the work available
without further training in accordance with the employer's requirements. This privilege is limited to
1 "bump" for each employee for each layoff.
(208)
Nothing in this agreement shall be construed to permit bumping into higher paid classifications as
determined by the base rate,
16 Employees sometimes continue to hold seniority in their former jobs or units for "humpback" purposes. The clauses, there
fore, may be viewed as establishing rights as well as limitations.
39
About the sam e proportion of contracts with bumping re strictio n s contained p r o
hibitions on bumping into specified units.
Both these and prohibitions on upward bum p
ing help ensure that unqualified senior em ployees w ill not displace sk illed w ork ers and
thus im p air efficien cy:
(209)
In the event of a layoff, only the employees in the Apprenticeship Training Program and employees
in the skilled classifications shall be allowed to bump in _a skilled classification (Labor grade 1) or in
a progression which will eventually be Labor grade 1 in /department/.
In rare in sta n ces,
(210)
p rovision s did allow upward bumping:
If an employee is to be laid off outside the plant, he will be permitted to bump an employee in a
higher labor grade, if he qualifies. Jobs that are in the third, fourth, and fifth degree of experience factor
will require that the employees have worked on the job for 20 days.
Em ployees w ere so m etim es re stric te d to sp ecific low er le v e l jo b s.
stration , this applied to em ployees unable to rem ain in their own units:
(211)
In the illu
If the employee being laid off does not possess enough departmental seniority to remain in the employ
ment of the company, then, he may exercise his entire plant seniority in the classification of "utility
man" in the coal handling and yard department, or as janitor in the miscellaneous department.
A sm a ll number of p rovision s r e stric te d the number of bumps stem m ing fro m an
origin al disp lacem ent or the number in a unit.
The fir s t and third clau ses establish ed
definite lim its , while the second was p rim a rily an agreem en t on bumping p olicy:
(212)
When any such moves are necessary, as the result of a decrease within a job classification within a
department, there shall be no more than four moves resulting from the layoff of any one employee.
Such employees shall be physically capable of doing such work.
(213)
In the process of bumping during a layoff, the company and the union agree to, where possible, min
imize the number of moves.
(214)
If this provision results in bumping more than 5 percent of the employees on any Base Rate Code dur
ing a period of time equal to the learning time of the job, bumping privileges by additional surplus
employees must be exercised elsewhere.
Although many agreem en ts m ade no referen ce to bumping,
examined contained a definite ban on the p ra ctice :
(215)
only one of the sam ple
There shall be no bumping by seniority.
T ria l period following tra n sfe r or bumping
In slightly le s s than 20 percent of the sam ple a g r ee m e n ts, an em ployee who
bumped or tra n sferred to another job to avoid layoff was given a short tria l or fa m il
ia rization p eriod.
The re la tiv ely low prevalen ce m ay be attributed to the fact that
tra n sfe rs due to layoff a re g en erally to job s requiring le s s sk ill than b e fo re, and are
often to job s that have been held p reviou sly :
(216)
When a reduction in force necessitates the discontinuing or suspension of operations in a department or
portion of a department, employees with greater seniority shall replace employees in other departments
with lesser seniority, provided they can do the work of employees that are replaced with a reasonable
break-in period. The job itself should determine what constitutes a reasonable break-in period.
About 60 percent of the tria l period provision s r e fe rre d to the status of em ploy
ees who failed to qualify.
Often, the disqualified w orker was not given a second op
portunity but instead was laid off, even though he might have sufficient seniority to
tra n sfer or bump elsew h ere.
This would tend to discourage w orkers from taking jobs
for which they w ere not fully qualified:
(217)
Failure to qualify for the work available shall result in the employee being placed on layoff status,
with the right to recall only to (1) his regular job or, (2) to a job he is capable of performing by
reason of having previously performed the work for the company.
40
(218)
An employee who displaces another employee, or who is absorbed into a classification, must be capable
of satisfactorily performing the work. He will have 5 working days during which to demonstrate his
ability to satisfactorily perform the work. Failure on the part of the employee to demonstrate, during
this period, his ability to perform the work required will result in his being laid off with no further
displacement rights.
M ore lenient than m any, the following cla u ses allowed the disqualified w orker
m ove to another job if his seniority perm itted :
(219)
If, after 2 days but within 5 days of transfer . . . an employee is adjudged as having failed to perform
satisfactorily, he shall be permitted to bump into a job classification in level 3 or below in which there
is an employee with less plant seniority, or he shall be laid off subject to recall when his former jobs
reopen or as a helper, whichever occurs first, consistent with his seniority.
(93)
An employee who changes occupations through displacement, or through operation of the layoff procedure
due to reduction in forces, and is unable to perform satisfactorily the work in such occupation, after
being assigned such work for at least 10 working days, may be excessed laterally and then in descending
order of labor grades . . . . Failing to enter such occupation due to insufficient seniority, the employee
shall acquire recall rights, pursuant to the provisions o f the layoff procedure. Such an employee shall
also lose any and all displacement and recall rights . . . to the occupation in which he failed.
In a few p ro v isio n s, an em ployee
term ination with lo s s of all sen iority:
(220)
failing
to
to qualify after bumping was subject to
Anyone bumping a specialty job must have ability and previous experience to perform the job, and
must qualify within 2 weeks and, failing to qualify, will be terminated and lose all accumulated se
niority. This list of specialty jobs will be listed in addition to the regular jobs.
Only about 6 percent of the agreem en ts re fe rre d to a tria l period following r e c a ll,
since it is likely that m o st w orkers are reca lled to their regular jo b s , or s im ila r ones:
(221)
/R ecalled/ employees unable to perform work satisfactorily within 30 days time may be transferred to
another classification, consistent with their ability, physical fitness, and seniority, or they will be laid
off.
(222)
If, pursuant to the /reca ll provisions/, an employee is regularly assigned to a job other than in his
regular department, and it develops that he cannot perform such job or learn it within a reasonable
time, the company shall have the right to lay him off from employment^ but in such case, the em
ployee shall retain his rights, if any, to be recalled to work under the /recall provisions/.
Seniority protection fo r specified groups
Superseniority for union o ffic ia ls .
The lo ca l union m ay be detrim entally affected
if key union o ffic ia ls are subject to layoff.
S uperseniority in layoff— often the only
perqu isite of union office— ensures continued representation for w orkers remaining fo l
lowing a reduction in fo r c e .
S uperseniority also provid es an advantage to m anagem ent
since establish ed lines of com m unication with the union and its m em b ers m ay continue
without interruption.
Of the 364 agreem en ts exam ined, slightly under 40 p ercen t, applicable to 35 p e r
cent of the w o rk e rs, provided su persen iority to som e or a ll union o fficials (table 16),
so m e tim e s with the p ro viso that those retained be able to do the work to which they
are assign ed .
Half of the provision s contained listin gs of designated union o ffic ia ls ,
usually encom passing all or virtu ally all in the lo ca l union:
(223)
Any duly elected or officially appointed union officer, including departmental and shop steward, shall
be given top seniority over all other employees in his or her department covered by this agreement.
(224)
The Chief Steward, Assistant Chief Steward(s), Union Office Clerk, Zone Stewards, President, SecretaryTreasurer, Recording Secretary, and two members of the Negotiating Committee . . . shall possess
super seniority while on the active payroll, during their period of service in such capacity.
Super seniority will be for the purpose of layoff or shift change within classification; however, the
Zone Steward will possess super seniority only within his /one.
(225)
For the purposes of layoffs or involuntary transfers or work assignments when seniority is a factor . . .
elected or appointed union representatives shall be ranked at the top of their seniority lists in the
following order:1
1.
2.
Local union President
Local union Vice President
41
3. Local union Secretary
4. Local union Treasurer
*5. Local union Trustee
6. Bargaining unit Chairman
7. Bargaining unit Vice Chairman
8. Bargaining unit Chief Steward
9. Bargaining unit Secretary
10. Bargaining unit Treasurer
*11. Bargaining unit Bargaining and Grievance Committee and/or Construction and Maintenance De
partment District Committeeman
*12. Elected Stewards
*13. Elected Safety Committee members
14. Local union Safety Director
* If two or more in this category are on the same seniority list, regular seniority will break the tie.
N ea rly 30 percent of the cla u ses r e stric te d su persen iority to fir s t line union o ffic ia ls
such as shop stew ard s.
It is likely that the excluded higher o ffic e rs were em ployed
fu ll-tim e by the union and thus needed no layoff protection.
The la st exam ple gave the
steward su persen iority in m a tters b esid es layoff:
(226)
Union stewards shall have top seniority with respect to layoffs in their stores, provided they are quali
fied to do the job to which such top seniority shall otherwise entitle them.
(227)
Stewards shall be the last employees to be laid off, and under no circumstances shall they be dis
criminated against.
(228)
The shop steward shall have top seniority within the establishment with respect to layoffs and all other
matters.
In m o st rem aining a gree m e n ts, the union o ffic e r s accorded protection w ere lim
ited to a sp ecific num ber or proportion of the work fo r c e :
(229)
Upon written request of the union, not more than a total of six employees from the general shop com
mittee will be given seniority over all employees in the unit, provided they have at least 6 months of
continuous service, and are qualified to perform the work available.
The above provisions do not give to these employees any job preference above their normal seniority.
S uperseniority fo r key p erson n el and tr a in e e s .
One sam ple agreem en t in 10 p e r
m itted the company to exem pt certain em ployees fro m the sen iority p rovision s during
layoff.
U su ally the exem ptions applied to highly skilled or key em p loyees needed by
the company for continued operations:
(230)
In the application of /the layoff provisions/, the company shall not be required to lay off any employee
who has certain unusual working knowledge, or is otherwise deemed to be an essential employee.
(231)
At each layoff, or recall following layoff, the company may designate certain individual employees
whose services are required under the special circumstances then existing. Such employees may be
retained in, or recalled to service, regardless of their seniority. No such designation shall become
effective until mutually agreed to by the company and the local union.
(232)
The provisions of this /la y o ff/ article shall not be construed to prevent the company at any time
from . • . retaining necessary employees in those job classifications requiring specialized preemploy
ment training.
The num ber of key em ployees accorded protection was so m e tim e s related to the
siz e of the work fo r c e , o r , as in the second ex cerp t, to the number of union o ffic ia ls
given su p ersen io rity :
(233)
Whenever conditions are considered by the company such as to warrant layoffs or spreading the work,
the company and the union agree to negotiate a plan before such layoffs or work spreading is instituted.
In the event the company and union are unable to reach an agreement within a 30 day period as to a
formula or plan as provided, layoffs shall be made in the inverse order of seniority, except that the
company may where deemed necessary for the needs of the business, retain 10 percent of each service
age group beyond the second service age group regardless of seniority.
(98)
The company shall have the right to retain • • . exceptional employees mutually agreed to by the
parties /equal in number to union officials accorded super seniority/ who shall not be governed by the
seniority rules. Exceptional employees are employees who have a special skill for certain classes of
work. A separate list of such employees will be established by agreement between the company and
union, when necessary. Any employee whose name is removed from the list will be subject to the
rules regarding seniority.
42
In contrast to clau ses requiring layoff of train ees b efore regular seniority e m
p lo y ees (d iscu ssed in another section of this study), a few clau ses perm itted retention
of apprentices or train ees without regard to the sen iority p ro v isio n s.
Seniority w aiv
e r s of this type could a s s is t governm ent manpower p ro gra m s by preventing the layoff
of o n -th e -jo b train ees recru ited fro m the h a r d -c o r e unem ployed:
(234)
Bona-fide apprentices under a State or Federally approved apprentice program, or trainees under a
company trades and skills program involving a period of not less than 18 months whom the company
shall have selected may be retained in its employ irrespective of the provisions of the seniority agree
ment, provided, however, that such action does not result in displacing a journeyman in his department.
It is understood that the number of such apprentices and trainees protected by the above paragraph shall
not exceed 100 and may be assigned work in approximately equal proportion throughout the plant.
P rotection for aged and p h ysically handicapped w o r k e r s.
Although many a g r e e
m ents provided for tra n sfer of older and p h y sica lly handicapped em ployees who w ere
no longer able to p e rfo rm their regular jo b s , few er than 1 percent of the agreem en ts
having layoff p ro vision s sp e cifica lly protected these w orkers in the event of a layoff.
Both illu stration s below , fro m rubber industry a g r ee m e n ts, p rotected only em ployees
who b ecam e disabled while in the em ploy of the company.
One required com panyunion agreem en t:
(76)
In laying off surplus labor, special consideration shall be given to employees who are on Workmens
Compensation, or who have suffered disabilities compensable under Workmens Compensation laws,
which have resulted in permanent injuries that might prejudice their securing employment elsewhere.
The disabilities and permanent injuries referred to in this paragraph refer only to disabilities and
permanent injuries incurred in the course of employment with the company.
If it is necessary in the administration of this paragraph, the applicable seniority clause, as it applies
to layoff and rehire in this agreement, will be set aside.
(235)
Employees who are considered handicapped employees by the company and the union committee shall
not be displaced from their jobs by others having more seniority provided they have sufficient plant
wide seniority to remain in the plant.
In the clause below , handicapped w orkers could not be bumped,
plant seniority was su fficien t to avoid layoff:
(236)
provided their
An employee who has a permanent partial physical disability of a major nature as the result of a
compensable injury received in the; course of his employment with the company, shall in case of lay
off, be subject to the provisions /regarding seniority and bumping/. However, if he cannot be satis
factorily placed under the provisions . . . then the employee may, by agreement between the com
pany and the union, be retained on his job without regard to any seniority provisions of this agreement.
T em p o ra ry or em erg en cy layoffs
A lm o st a third of the sam ple agreem en ts contained separate clau ses applicable to
s h o r t-te r m layoffs which m ay stem fro m m inor inventory adjustm en ts, cu stom er can
c e lla tio n s, or em erg en cies beyond the control of m anagem ent.
(See table 17. ) U sually,
these perm itted m anagem ent to m in im ize disruptions by deviating fro m or omitting
so m e of the p roced u res required for layoffs of longer or indefinite p e rio d s. M ore than
th re e -fo u rth s of the clau ses defined a tem p orary layoff as one of 30 days or le s s , and
v irtu a lly a ll of the others named no sp ecific period.
F orty percent of the provision s indicated that tem p orary layoffs could be made
without regard to the seniority r u le s.
M ost of these stated or im plied that if the te m
p o ra ry layoff should continue beyond the period stated in the a greem en t, the regular
layoff procedure would be follow ed:
Temporary layoffs of not more than 3 working days may be made by mutual agreement, without re
gard to seniority and without notice. The union will be notified in advance of such layoffs, and pro
cedure will be agreed to. The provisions of this section will not be used to circumvent the provisions
of this contract with regard to a normal workweek or permanent layoff.
Layoffs termed as temporary, by management, not to exceed 30 calendar days, will not be termed a
reduction of the working force, and seniority will not apply. For any layoffs beyond 30 calendar days,
seniority will prevail, and the men to be laid off will be discussed and agreed to with the union shop
committee.
43
A sligh tly s m a lle r proportion of the clau ses (38 percent) indicated that sen iority
would apply to tem p orary la y o ffs.
The clau ses in gen era l allow ed em ployees to e x e r
cise seniority only within their regular units:
(239)
In the case of interruptions in production for periods not to exceed 5 days, layoffs will be made by
operating departments, considering seniority by job classification only within the affected department
or departments, regardless cf its effect upon the seniority group or groups involved. However, in lay
offs for a longer period than 5 days, the reduction in force shall be made in the regular seniority
group or groups involved. In this case, the least senior employees shall be laid off first, but due
recognition of ability and skill may be considered in the reduction of force where it is necessary to
have employees remain in the positions left who have the necessary skill and ability to perform the
work satisfactorily in such remaining positions.
(240)
In the event of temporary layoffs from the plant (being such layoffs as will not extend for a period of
more than 15 consecutive working days), employees in the department and job classifications affected
shall be laid off in the order of least seniority.
(241)
Layoffs for periods of less than 2 weeks duration within a department will be considered temporary, and
employees laid off during such periods will not be transferred plantwide. Seniority will be recognized
within the department, providing it does not impede production or lower the efficiency to any great
extent within the group.
The rem aining p rovision s did not r e fe r to the role of seniority in tem p orary la y
o ffs , but g en erally allow ed m anagem ent to m ake s h o r t-te r m or em ergen cy cutbacks
without the advance notice required fo r longer or indefinite layoff:
(17)
The company will give 3 scheduled work days* notice or pay in lieu thereof of all furloughs within
a department, unless such furloughs are necessary because of power failure, machine breakdown, fire,
flood, tornado, or failure to obtain supplies in emergencies, or for any other cause beyond the com
pany's control (acts of God) which results in a reduction or shutdown of operations, in which cases no
notice need be given.
(242)
In the event of any layoff of any employee for less than a week . . . 1 working day*s notice shall
be given. In the event of a . . . layoff for a week or more of any employee working for the em
ployer at least 30 calendar days, 3 working days notice shall be given.
A few cla u s e s , in agreem en ts providing paym ent of la y o ff a llow an ces,
such allow ances would not be paid in tem p orary la y o ffs:
(243)
stated that
A layoff allowance . . . shall be paid to any employee laid off (a termination of employment arising
out of a reduction in the force due to lack of work).
employee shall not be considered laid o ff/
when his services are interrupted for a period ordinarily not to exceed 4 weeks because of but not
limited to such causes as material shortage, equipment failure, power failure, labor dispute, or other
circumstances which cause a temporary cessation or reduction in operation . • •
[An
W aiver of seniority rights in layoff
A lm o st a fourth of the layoff p rovision s allow ed an em ployee to waive his se n io r
ity rights and be laid off, although he s till rem ained eligib le fo r r e c a ll. This perm itted
sen ior em ployees to avoid placem ent on rela tiv ely undesirable or low paying jo b s , and
allowed the continued em ploym ent of junior w o rk e rs, who a re m o re lik ely to have fa m
ilie s with sm a ll children.
The option m ay, in the event m ore layoffs are sch ed
uled, a lso give senior w ork ers a head start in seeking other em ploym ent.
It was rela tiv ely com m on fo r clau ses to p e rm it the senior w ork ers to choose la y
off only if he otherw ise would be placed on a low er paid jo b .
The fir s t illustration
required the job to be a sp ecific amount low er in pay:
(58)
An employee who is scheduled for layoff in accordance with his seniority, and who is offered a trans
fer from 1 day work job to another where the rate differential is 15 or more cents less than his orig
inal job rate, may refuse the transfer and accept the layoff, and he will be protected under the se
niority agreement.
(244)
Higher classification employees shall have the privilege of accepting layoff for lack o f work instead
of accepting a lower paid job.
A large proportion of the cla u ses allowing election of layoff im posed r e s t r ic
tions on the em p lo y e e ’ s right to be re c a lle d .
In som e in sta n ces, the w orker lo st
the right only to the jobs declined, while in others he was perm itted r e c a ll only
to his own job or unit:
44
(245)
The displaced employee in the seniority unit will not be required to accept a lesser paying job, and
may accept a layoff.
However, in such cases, the company shall not be required to subsequently recall him for any other
job than the job classification he held at the time of layoff.
(246)
An employee who is due to be cut back to the laborer-building service classification may elect to be
laid off instead of going to this classification. If such employee elects a layoff, he willlose eligi
bility for recall to the laborer-building service man classification. He will, however, retain eligibil
ity for recall to a classification in which he held seniority at the time of layoff, in accord with . . .
this article. He must accept recall to such classification or lose seniority • . .
The following p rovision s im posed no sp ecific p en alties.
One, how ever, lim ited
the e m p lo y e e 's re c a ll eligiblity to job s he had specified in w riting, while the other
allowed him full r e c a ll rights unless he ex p ressed a p referen ce for his own departm ent
or c la ss of w ork:
(247)
An employee may elect to take a layoff in lieu of accepting any lower paying job, and his seniority
shall not thereby be affected. He shall thereafter be eligible for recall only to those jobs and shift
or shifts for which he has indicated a preference in writing at the time of such layoff, and provided
he has the ability and seniority to qualify for such jobs in accordance with the provisions of this article.
(77)
When it is necessary to reduce the work force . . . a senior employee in any classification affected
by such reduction in force may elect to take a voluntary layoff in lieu of replacing the least senior
employee in that classification, provided there are no job vacancies for work that the senior employee
is qualified to do, and for which he is specifically needed by the company in order to avoid additional
training costs. . . •
Employees desiring to exercise the above option will make this request known in writing to the de
partment foreman at the time of layoff. Such requests should specify if the employee desires recall
only to his department or job classification. The employee^ request for recall will be honored until
such time as the employee may notify the company in writing that he or she desires to be placed on
the regular recall list, or until such time as the regular recall list is exhausted. When either of the
above two conditions are met, the employee will be recalled to any job that is available, in accord
ance with his or her seniority.
R arely, a p rovision perm itted the em ployee to elect layoff, but indicated he m u st
accept any job to which he was later reca lled or lo se a ll r e c a ll and seniority rig h ts:
(248)
An employee has the right to refuse the job to which he is entitled as a result of a layoff, even
though he has the ability, skill, and versatility to perform the work. In the event of such refusal,
the employee shall be laid off without loss of seniority rights for recall purposes. . . •
Any laid off employee who does not report to
work immediately, and accept the
position towhich he
is entitled by reason of his seniority recall rights, shall be considered as having terminated his period
of continous service with the company, . . .
This applies even though the job
to which thelaid
off employee is entitled may be the same job he had previously refused at time
of layoff.
A few agreem en ts prohibited an em ployee fro m waiving his seniority rights in
layoff.
In the following exam ple, an em ployee refusing to e x e r c is e his seniority was
subject to term ination:
(4)
Employees refusing to accept such assignments, or to exercise seniority to available openings to avoid
layoff, shall be considered as having quit.
W aiver of seniority rights in r e c a ll
Approxim ately 20 p ercent of the sam ple layoff provision s establish ed conditions
under which an em ployee could waive his right of r e c a ll.
N o rm a lly , the p riv ile g e was
lim ited to refu sa l of jobs in cla ssifica tio n s other than the em p lo y e e 's regular one:
(249)
Employees who are laid off and have been called for recall may defer the recall until such time as
their seniority entitles them to be recalled directly into their former job classification and/or shift.
(250)
An employee shall have the right to refuse a recall to a job category which does not include his per
manent job classification, or to a job classification in a job group which is not his permanent job clas
sification, provided he notifies the company of such refusal immediately upon receiving notification of
the recall; refusal of a recall shall terminate recall rights to the job category and/or job classification
in question.
45
(251)
. . . the employe who chooses to decline the job offered in a lower rated classification than that from
which he was laid off, but wishes to retain seniority, must notify the company to this effect within
1 working day after receiving notice of recall.
O cca sio n a lly , the em ployee could, at the tim e he was laid off, designate those
jo b s to which he d e sire d r e c a ll.
He could then refu se a re c a ll to job s other than those
nam ed, as in the fir s t exam ple:
(252)
An employee shall indicate at the time of layoff, on a form to be provided by the company . . •
the classifications and occupations to which he will accept reca ll,. provided, however, he may on
such form refuse recall to any classification other then the highest classification held prior to layoff,
without affecting his seniority.
(253)
No laid off' employee need be recalled to a job for which he has not, in writing, at the time of the
layoff, indicated a desire to be recalled. Any laid off employee, prior to being recalled, may by
written notice, change the job or jobs for which he desires to be recalled.
A sm a ll proportion of the clau ses perm itted the em ployee to decline r e c a ll a lim
ited number of tim e s , or to waive his right for a lim ited p eriod :
(254)
An employee who is considered eligible for recall may suspend his right of recall for a period of not
less than 30 calendar days, nor more than 90 calendar days during any one period of layoff. • • .
During the period of suspension of recall rights, the employee shall not be obligated to accept rehire,
and the company shall not be obligated to notify the employee of available openings.
(255)
Any employee who is eligible for recall and refuses to accept the available job will be placed at the
bottom of the recall list. After the recall list has been exhausted, a laid off employee who refuses
the second offer of an available job will be considered to have voluntarily terminated his employment.
About a fifth of the clau ses perm itted the em ployee to re je c t o ffers of tem p orary
work:
(256)
Continuous service for seniority purposes shall be broken by . . . failure to accept the job offered
within 48 hours from the time of reporting to the Employment Department provided, however, if the
work is described as being of less than 90 days’ duration, the employee shall have the privilege of
refusing to accept, within 48 hours, the work offered and he shall not lose his seniority thereby . . .
(15)
The company will offer, to the extent that it is practicable, occasional and temporary work to those
qualified individuals on the preferential hiring list who are readily available. Such individuals may
accept or refuse occasional and temporary work without affecting their status on the preferential hiring
list.
An em ployee ex ercisin g his right of w aiver often suffered som e penalty.
It was
com m on fo r such an em ployee to lo se any further right to r e c a ll in those cla ssificatio n s
he had rejected :
(257)
An employee may refuse recall to an opening in a job classification in a lower labor grade than that
which he held at the time of layoff, and not lose recall rights. In such instance, however, the em
ploye’ s recall rights shall be limited to an opening in the same job classification held at the time of
layoff.
(50)
The term "skilled trade or licensed job " shall have the same definition in the recall procedure as it
has in the layoff procedure. An employee in these classifications on layoff may refuse to be recalled
on plant seniority basis to another type of job; however, he must sign a waiver acknowledging his loss
of position on the plant seniority recall list.
This employee does not lose his position as to recall for
licensed jobs or skilled trades, unless another skilled trade or licensed employee on layoff has been re
called and accepted another type job.
Under a few c la u se s, the refu sa l to e x e r c ise r e c a ll rights was p erm itted ,
em ployee b ecam e in eligible fo r com pany-paid layoff b en efits:
(258)
but the
Employees, if they so desire at the time of their layoff, may await home department recall, provided
a form is properly filled out and copies submitted to the company and the union. Such employees are
not eligible for unemployment benefits. . . .
About 1 agreem en t in 4 sp e cifica lly denied the right to refu se r e c a ll, requiring the
em ployee to accept the job o ffered or be term inated with a ll lo s s of seniority and r e c a ll
righ ts:
(259)
When an employee is offered an opportunity to recall from layoff and rejects such opportunity for rea
sons other than disability substantiated by a licensed physician, he shall lose all further rights to recall
and shall be removed from the plant seniority list.
46
The following required the em ployee to accept any job that otherw ise would be
filled by a new em p loyee, under penalty of term ination:
(260)
Before the company hires a new employee, the laid off employee must take any open job in the mill
if within his ability to perform, or he shall be considered a quit.
Role of the union in re c a ll
About a fourth of the provision s assigned the union a role in r e c a ll from layoff.
M ost of th ese,
how ever, indicated only that the union would be given notice of the
r e c a ll, and usually of the em ployees to be re ca lle d .
This enabled the union to de
term in e if em ployees w ere called back in the ord er required by the agreem en t.
The
fir s t exam ple m ay also protect the company against later claim by an em ployee that
he was not notified:
(261)
All employees laid off due to lack of work shall be recalled in the order of their seniority, and such
employees shall be notified in writing at their last known address as on file in the Personnel Office of
the company. A copy of such notice shall be forwarded to the union.
(262)
The company agrees to make available to the union copies of all letters or notices to laid off employ
ees to report back to work.
(263)
The chairman of the Bargaining Committee shall be furnished with a list of the names of the employ
ees being recalled within 1 working day after such recall is made.
In a few a gree m e n ts,
re c a ll p roced u re:
(64)
the union was notified only of exceptions to the norm al
If an employee is recalled to work out of line with his seniority, the Bargaining Committee will be
notified at least 48 hours in advance.
Relatively few agreem en ts gave the union a g reater degree of participation.
clau ses usually applied in exceptions to the norm al re c a ll p roced u re:
(14)
When unusual situations make it impractical or impossible to follow the regular recall procedure, the
plant chairman will be so notified, and a plan for handling such situations will be worked out by the
company and the union. This refers particularly to cases in which the regular rehiring procedure might
so delay the procuring of the necessary workers that certain orders could not be accepted or produced
as requested by the customer. Such emergency arrangements should not cause any laid off employee
to lose his seniority rights for rehiring purposes.
(264)
If the application of the rules set forth in this article with respect to laying off men or recalling
them to work would lead to hardship in individual cases, the company and the grievance committee
may agree that the factors of employment-connected disability, war-connected disability, or family
status, i. e . , family responsibility, number, age and physical condition of dependents, shall be given
consideration.
(20)
Layoff or rehire out of seniority must be discussed with and approved by the union committee.
The
Seniority unit in re c a ll
The units to which a la id -o ff em ployee was eligible for r e c a ll w ere mentioned in
n early th ree-fo u rth s of the la y o ff-r e c a ll p ro v isio n s.
A third of the provision s sp ecified the plant as the unit fo r r e c a ll.
This generall
o ffe rs the la id -o ff w orker the g re a test opportunity fo r ea rly reem p loym en t, subject to
other req u irem en ts:
(265)
Seniority is defined as length of continuous service with the employer. In all cases of layoffs and
recalls, plantwide seniority shall prevail. That is, the first person hired in point of service shall be
the last to be laid off, and the last to be hired shall be the first to be laid off. Recalls shall be in
reverse order.
(266)
When a general reduction in force is made, employees will be laid off on the basis of plant seniority. . . .
No one laid off from the plant is subject to departmental recall until first recalled to the plant.
About a fifth of the p rovision s indicated r e c a ll would be made to the e m p lo yee's
own subdivision:
(267)
Seniority is defined as the length of an employee's continuous service with the company dating from
his last employment except as otherwise provided herein, the purpose of which is to provide a de
clared policy of right of preU-rence as between qualified employees on a departmental basis, measured
by such length of service, as hereinafter set out . . . .
47
It is mutually agreed that seniority within departments shall prevail in layoffs and recalls, except as herein
after provided, provided the employee retained or recalled is qualified to fill the position.
(268)
When operations are reduced, work shall be distributed in each department according to the departmental
length of service and capability of performing such work“ “”last man hired to be the first man furloughed.
When operations are resumed, the men shall be recalled in reverse order to that in which they were
furloughed— capability considered. The departments designated shall be determined by the management
and the plant committee.
M ore than one-fourth of the p rovision s gave the w orker the right to be called
back only to his own job or occupational group:
(269)
In recall, the last full-time employee laid off within a classification shall be the first full-time em
ployee to be recalled.
(2?0)
Layoffs due to lack of work and other legitimate reasons will be governed by seniority in the respec
tive classifications, i. e . , the employee having the greatest length of service in his classification shall
be last laid off and first called back to work, provided the employee retained or returned to service is
capable of performing the work available.
The rem ainder establish ed re c a ll units as m atters fo r lo ca l bargaining, w ere un
c le a r , or named com binations of units.
The latter gen era lly perm itted la id -o ff e m
p loyees re c a ll to units other than their own, but only in the event no regular qualified
em ployee of the unit was still on layoff:
(71)
After all employees with seniority in the seniority group where a pool opening exists have been given
an opportunity to return to work, other laid off employees will be given consideration for such opening
on the basis of plantwide seniority. However, such employees shall not be given automatic qualifica
tion in such pool jobs.
(271)
The company agrees that before it hires employees who have not previously worked for the company,
it will first consider filling any job vacancies with employees who have acquired seniority . . . who are then
on continuous service layoff status . . . who are qualified to perform the duties of the job vacancy, even
though such laid off employees are in Operational Departmental Job Groupings other than that in which the
job opening exists.
R arely, the em ployee was perm itted to determ ine the units to which he would be
eligib le for re c a ll at the tim e of layoff:
(272)
An employee who is to be laid off shall, at time of layoff, elect one of the options in accordance
with the chart. • • •
OPTION CHART
♦OPTION 1
Home dept.
only
OPTION 2
Selected
pool
OPTION 3
Full pool &
plantwide
OPTION 4
Full pool &
plantwide
except
pools "F"
and "B(2)"
X
X
X
Employee with seniority who is least
senior employee in his department
or pool or plant.
Employee with less than 12 months'
seniority who elects not to displace
a temporary employee in another
department of another pool.
Employee with more than 12 months'
seniority who elects not to displace
the least senior employee in pool.
Employee with more than 24 months'
seniority who elects not to displace
the least senior employee in plant.
X
OPTION 5
Full pool
or
sub-pool
only
X
X
X
X
X
♦ Employee with 5 years of seniority may elect Option 1.
Exceptions to the re c a ll procedure
F ew er than 5 percent of the r e c a ll p rovision s sp e c ific a lly provided for exceptions to
the re ca ll p roced u re.
Such p rovision s m ay be sc a r c e because m anagem ent often seeks
to make exceptions at the tim e of layoff rather than r e c a ll:
48
(273)
The company may . . . retain . . . or recall a laid off employee regardless of his . . . seniority
when and if the services of such employee are essential to the efficient operation of the plant because
of his special training provided he is used on a job making use of such special training, and provided
such job cannot be properly performed except by resort to this provision. When the company desires
to make use of tliis provision, the matter shall first be discussed with the union.
(274)
By mutual agreement between committee and management, when emergency jobs arise, employees
may be retained or called in regardless of other provisions; also, to retool, or rearrange the plant
or to take inventory.
(275)
In the reduction of forces and reemployment, seniority shall determine . . . h ow ev er/ when an oper
ation requires specially trained persons, they shall be employed, retained, or rehired, when conditions
demand, regardless of other factors involved. Whenever a situation arises that makes necessary the use
of the above, steps shall be taken to correct the matter so that regular employees may be used. As used
in this subparagraph, "specially trained persons" means those employees receiving maintenance fixed
premium, and those persons needed to instruct in the operation of, or to maintain new or specialized
equipment.
Retention of seniority rights during layoff
F or the em ployee who is laid off, perhaps the m o st c ritic a l p rovision in the
agreem en t is the one specifying the duration of his r e c a ll or seniority rights.
Under
m o st agreem en ts this period is lim ited , and the w orker who has not been reca lled at
its expiration a lm o st always is term inated with lo s s of seniority and all the job rights
and benefits he had acquired through se r v ic e .
Determ ining an equitable period or
p eriods m ay be a com plex p roblem .
Too short a period m ay cancel the seniority of
m any em ployees desirin g to return; too long a period m ay encounter a p roblem of
"d im in ish in g r e tu r n s "— little or no respon se to notices of r e c a ll, coupled with e x c e s
sive adm inistrative costs and delays in securing needed p erson n el.
Many agreem ents
cope with the p roblem by relating the duration of r e c a ll rights to sen iority.
Senior
em p loyees are considered to have a greater equity in their job s and are a lso m ore
likely to return following a layoff; consequently, they are allowed a longer p eriod.
Many agreem en ts a lso deal with the problem of "dim inish in g re tu rn s" by requiring
la id -o ff w orkers to report p erio d ically their continued in terest in and availability for
r e c a ll, to m aintain their rights for the m axim um p eriod.
Of the 364 layoff p rovision s exam ined in detail, 296, or 81 p ercent r e fe rre d to
the duration of r e c a ll righ ts.
(See table 18. ) The p rovision s w ere of various types,
and established m axim um s ranging from le s s than a year to much longer or indefinite
te r m s.
About 55 percent of the d u r a tio n -o f-r e c a ll clau ses establish ed a single period
applicable to a ll la id -o ff em ployees having seniority righ ts. 17
The periods ranged
fro m 6 months or le s s up to 5 y e a r s , with 1 year the term m o st frequently en
countered:
(32)
An employee's seniority rights and right of recall shall cease 90 days after date of layoff.
(276)
Employees, after a 2 year continuous period of layoff . . .
ployer, and their seniority terminated.
(277)
Seniority shall be considered broken by . . .
shall be dropped from the roll of the em
24 consecutive months of unemployment.
The period during which the em ployee would have re c a ll rights was related to
his seniority or length of se rv ic e at the tim e of layoff in 41 percent of the cla u se s.
In few er than 10 percent of th ese, concentrated in transportation equipment a g r e e
m e n ts, the e m p lo y e e 's rights w ere retained for a period equal to his seniority at the
tim e of layoff without further lim itation:
(278)
Any layoff for a period not exceeding 1 year, for those employees who have been classified as per
manent employees for over 30 days but less than 1 year, shall not be deemed to break continuous
employment. Thereafter, employees will be granted recall rights based on past seniority at the time
of layoff; that is, for example, employees with 2 years seniority and who are laid off will be granted
recall rights for 2 years; in case of employees with 3 years seniority at the time of layoff, recall rights oi
3 years will be granted, etc. (Continuous employment will not be broken in the case where a department
or the mill has been shut down with the definite intentions of starting up again when conditions justify. )
17 There was generally no company obligation to recall probationary employees who had not acquired seniority status at
the time of layoff.
49
(279)
Employees shall cease to have seniority . • • after unemployment for a period of time equal to the
employee^ seniority at time of layoff.
Much m ore com m on w ere p rov ision s relating r e ca ll period s to length of se rv ice
up to a stated m axim um , usually ranging from 1 to 5 y ea rs:
(280)
Seniority shall be broken /J>yj layoff for a period of time equal to the amount of time that the employee
has seniority, or to a maximum of not more than 2 years . . .
(281)
Continuous service shall be broken in the manner set forth . . , below . . .
If an employee is absent oecause of layoff . . . in excess of 2 years, he shall continue to accumulate
continuous service during such absence, for an additional period equal to (i) 3 years, or (ii) the
excess, if any, of his length of continuous service at commencement of such absence over 2 years,
whichever is less . • •
In order to avoid a break in service within the above period after an absence of 2 years, an employee
absent because of layoff • • • must report to work promptly upon termination /o f layoff/.
(282)
Length of service shall be the total service with the company, excluding . . . any service of an
employee laid off after the date of this agreement due to lack of business followed by a lapse before
reemployment of 3 years or more, or a period of time equal to his length of service prior to such
layoff, whichever is less . • •
. . . The company need not recall any such former employee if 3 years or more or a period equal
to his length of service prior to such layoff, whichever is less, have elapsed since such termination
of his service . . .
Som e clau ses related r e c a ll rights to seniority in te rm s of ste p s, perhaps for
sim p licity of adm inistration.
Protection up to 10 y e a r s , as in the fir s t cla u se, was
rela tiv e ly ra re :
(283)
A regular or seasonal employee's seniority shall be protected if he failed to work the required hours
during the preceding calendar year, and such failure was due to layoff for lack of work by the
employer. The length of protection shall be directly equivalent to the number of attained years of
seniority up to a maximum of 10 years.
Years of Seniority
1 Year
2
3
4
5
6
7
8
9
10
Length of Protection
1 Year
2
3
4
5
6
7
8
9
10
(284)
In the matter of layoffs due to a reduction in force, it is agreed that employees of more than
30 days and less than 3 years standing will have 6 months before any break in length of service,
and 8 months for 3 to 10 years of service, and 16 months for more than 10 years of services.
(285)
Any . . .
employee who is not actively employed by the company:
(a) For 12 consecutive months
(b) For 18 consecutive months
(c) For 24 consecutive months
(d) For 36 consecutive months
except in cases of proven
if he has less than
if he has 2 years'
if he has 4 years'
if he has 5 years*
illness • • •
2 years' seniority, or
but less than 4 years* seniority, or
but less than 5 years* seniority, or
seniority or more, shall lose his seniority rights,
O cca sio n a lly , s h o r t e r -s e r v ic e em ployees w ere protected for a sp ecified period,
while lo n g e r -s e r v ic e em p loyees retained their re c a ll rights indefinitely:
(286)
Should an employee with plant seniority up to 5 years be laid off because of lack of work, he shall
be eligible for recall for a period of equal to one-half of his seniority or 1 year whichever is
greater.
An employee with 5 or more years of seniority shall be eligible for recall at all times, providing
he can pass our medical examination, without forfeiture of previously established seniority, before the
employment of a new person in his job classification.
A sm a ll num ber of agreem en ts allowed the period of protection to in cre a se on the
b asis of h a lf-se n io r ity , or a m onth rs added protection above the m inim um for each year
of se rv ic e :
50
(95)
(287)
Seniority shall cease upon . .
• layoff for a period
An individual's employment and seniority status will
laid off for 2 years. (This period will be extended
five at the time of layoff.)
of one-half of seniority.
be terminated if . . . he has been continuously
by 1 month for each full year of service beyond
A few p rovision s sp e c ific a lly indicated that layoff would not resu lt in term ination:
(288)
Protection of seniority. Any employee on the regular seniority list as of July 1, 1968 or thereafter
shall remain on the regular seniority list during the life of this contract.
This protection shall
not apply if the employee was off work of his own volition or was terminated.
P ro v isio n s relating r e c a ll rights to seniority set m inim um periods before ex p ir
ation to p rotect the low est seniority e m p lo yees.
U su ally, these w ere 1 year or le s s ,
although 2 -y e a r periods w ere p resen t in a fourth of the c la u se s:
(48)
An employee shall lose both company and departmental seniority if /Tie/ was hired prior to June 12,
1960, and he is laid off for a continuous period exceeding his length of service with the company
/J>x if h£J was hired on or after June 12, 1960, and he was laid off for a continuous period exceeding
6 months.
P ro v isio n s requiring the la id -o ff em ployee to report p erio d ically to the company
on his continued availability w ere for the m o st part found in agreem en ts establishing
a single r e c a ll period unrelated to sen iority:
(289)
In order to continue his name on the recall and seniority lists, the laid off employee must answer
within 10 days from the date of receiving the request, by either:
1.
2.
(290)
A personal appearance at the employment office where he will be given proper receipt.
Registered or certified mail.
Employees shall lose seniority for /Jailure/ to report to the Industrial Relations Department in person,
or by registered or certified mail, indicating his availability for work, during the following periods:
March 15th to March 31st, inclusive
June 15th to June 30th, inclusive
September 15th to September 30th, inclusive
December 15th to December 31st, inclusive
(291)
An employee shall lose seniority if /Tie/ has not been employed by the company for a period of more
than 1 year following any layoff, provided, however, if an employee shall report to the company by
registered mail, beginning with the expiration of the 1 year period and each 3 months thereafter,
and reports for work when called, he shall not lose his seniority rights.
Although expiration of the em p lo ye e 's r e c a ll rights usually cancelled his sen iority,
a few agreem en ts indicated that should the company reem p loy the w orker at a later
date, his seniority would be reinstated:
(82)
Twenty-four consecutive months of unemployment due to any cause, except as otherwise provided in
paragraph 62, shall terminate service provided, however, that during an indefinite layoff for causes
beyond his control, any former laid off employee of the company is reemployed after the expiration
of such 24 month period, shall upon reemployment reacquire the seniority he enjoyed at the time of
termination of his previous period of employment.
(292)
The seniority a former employee had at the time of termination because of lack of work shall be
used for the sole purpose of giving consideration to reemployment during a period limited to 3 years
following such termination} however • • . when a former employee is reemployed within 5 years
from the date of termination because of lack of work, he shall immediately regain the seniority he
had accrued prior to the termination. No seniority credit will be given for the period of time between
termination and reemployment.
If layoffs and r e c a lls are on other than a s tr a ig h t-se n io r ity , plantwide b a s is , the
treatm ent of an em p lo y e e 's seniority or continuous se rv ic e during his la y o ff m ay be
significant.
If his seniority continues to a ccru e , he w ill su ffer no com petitive d is
advantage; how ever, if his seniority is "f r o z e n " at the tim e of layoff, he m ay find
upon his return that he has been bypassed on the sen iority lis t by junior em ployees
who w ere retained.
This could be a handicap if he la ter tra n sfe rs to a different s e
niority unit.
Many of the la y o ff-r e c a ll p rovision s did not deal with this m a tter, and
among those that did, there was wide variation, as the follow ing two clau ses indicate:
(293)
Seniority shall not accrue during any period of layoff, but each employee reemployed within 6 months
of layoff shall be deemed to have on the reemployment date the seniority which he had accumulated
up to the date of layoff.
51
(19)
Employees who are laid off will continue to accrue seniority for a maximum of 2 years, or the
equivalent of their total overall seniority • • • whichever is greater, from the date of layoff. After
2 years from the date of layoff, or the equivalent of the employee's total overall seniority at time
of layoff, whichever is greater, employees will be dropped from the company's records if not
previously reemployed. If reemployed within the specified time from the date of layoff, they shall
resume the maximum seniority which accrued.
T im e allowed to respond to r e c a ll notice
A lm o st th ree-fo u rth s of the layoff and re c a ll p rovision s exam ined re fe rre d to
notification p roced u res in recalling la id -o ff w o rk e rs.
(See table 19. ) Notice was usu
a lly m ailed to the e m p lo y e e ’s la st known address and em ployees w ere required to r e
port within a specified p eriod, typically 2 to 5 working d ays, although g reater or
le s s e r periods w ere so m e tim e s stipulated.
F ailu re to rep ort without an acceptable
excuse a lm o st always resu lted in lo ss of seniority and term ination:
(294)
Continuity of service will be broken and seniority shall be lost by . . . failure to notify the employer
of intention to report for work within 3 working days after receipt of notice of recall by telegram or
by registered letter where telegraphic service is not available at the most recent address shown on
the employer's Industrial Relations Department personnel records . . .
(295)
If the available job is a regular one, the former employee shall accept and be available for
reemployment within 14 days after the offer of reemployment.
(296)
Seniority shall be lost when an employee . , . fails to report to work within 7 days after a notice
of recall is sent by certified mail to the address set forth in the company's records . . .
Often, the em ployee was given a short period to acknowledge the notice and a
lon ger period within which to report fo r work:
(297)
A former employee need only be employed . . . if she responds within 5 days, and is available for
duty within 14 days from the date she is offered employment • . .
(298)
Seniority rights shall be void J J c employees, after a layoff, who do not notify the employment
office of their intention to return to work within 3 working days of receiving a proper notification
to return and/or who do not return within 2 calendar weeks of date of such notification.
Not a ll agreem en ts containing a notification p rocedu re establish ed sp ecific tim e
lim ita tio n s.
The following clause allowed the em ployee a ’ ’ reasonable tim e ” within
which to respond:
(299)
Notice to the last known address by certified mail shall be sufficient notice of recall. Failure to
respond within a reasonable time shall be sufficient reason to remove him from the panel.
T im e lim itations on reporting w ere com m only waived or extended without lo s s of
sen iority or r e c a ll rig h ts, provided the notified em ployee could offer a reasonable ex
cu se , such as illn e ss or injury:
(300)
Seniority shall be lost in case of an employee who has been called back and fails to report for work
within 5 working days from receipt of notice to report, which, in the case of mailing, shall be
presumed to be 1 day after the registered letter is mailed. This shall not apply to workers who are
ill or injured at the time notice is received. A worker who is ill must notify the employer of such
illness within 5 working days from the time of receipt of notice to report.
(301)
If an individual is ill or injured at the time of recall to the degree that he is unable to accept
employment, and such condition is supported by a written statement from a physician, he will not
forfeit recall rights, but will be continued in an eligible status for the remainder of the period set
forth in . . . this agreement. An individual affected by this provision may return to work at any
time prior to the expiration of the aforementioned period, provided he obtains permission of the
company's Medical Director, furnishes at least 10 days notice to the company, and has sufficient
seniority to displace a junior employee.
(302)
Seniority is lost . . . if the employee is notified by certified mail at his last address on company's
records of his recall for work, and does not communicate with the company within 5 working days,
either after his receipt thereof, or at the latest 10 working days after mailing, and advise company
of his intention to return, and if he does not report for work at the company's place of business
within an additional 5 working days thereafter, the employee will be deemed to have quit unless such
failure to report for work was caused by jury duty, military service, or proven illness or injury • . .
52
T a b le 8. L a y o ff provisions in m ajor co llective bargaining ag reem en ts, by industry, 1 9 7 0-71
(Workers in thousands)
Industry
Referring to layoff
Total
*tuclied
DeU died
Tot al
provi s ions
Agree
Workers
ments
Agree
ments
Workers
All industries-—-—------------------
1,845
7,6b8. 8
1,476
6,24 2 .4
1,418
Manufacturing ---- — .. . . . . — ---------
1,021
4,240. 1
989
4,05 2 .6
88.
350.
23.
44.
7
0
3
2
23
110
10
20
7
343.0
23. 3
44.2
48
431.6
28
15
18
59
22.6
35.7
104. 7
15
17
59
32
65
71.5
117.2
31
65
Ordnance and accessories--------------Food and kindred products ______
Tobacco manufacturing
Textile mill products ------------------- —
Apparel and other finished
products----------r---------- t-,--------- t—
Lumber and wood products except
f n r n j t n y g — „ ------------------------- ---------------- „ - - Tr
Furniture and fixtures -................ ........
Paper and allied products ----------------------Printing, publishing, and allied
industries ,----------- r---------------------- — 1---------Chemicals and allied products-------------Petroleum refining and related
indus tries --------- ------------- r—
— nrr
Rubber and miscellaneous plastics
products ------------------------------.---------------- , — „ „
Leather and leather products --------------Stone, clay and glass products-----------Primary metal industry____________
Machinery, except e le c trica l -------------Electrical machinery, equipment
and supplies --------------------------------— -— —
Transportation equipment.......... ..........
Instruments and related products------Miscellaneous manufacturing
industries .................................. ................Nonmanufacturing ................. ..
Mining, crude petroleum and
natural gas
Transportation1 — ------------------------Communications
Utilities: Electric and gas — — .. .
Wholesale trade
Retail trade......... ................ .................
Hotels and restuarants............. ...........
Services ----------- r----------------------r------Construction
Miscellaneous nonmanufacturing
industries
23
112
10
20
Agree
ments
Workers
Agree
ments
Workers
292.2
17
369
l , 42u. 4
954
3,778.0
21
203. 1
14
71.6
32
187. 5
23
106
10
20
88.7
333.8
23. 3
44.2
1
_
2. 5
3
_
7.1
2
6. 2
_
283.6
17
111.6
11
20
148. 0
22.6
33. 7
104.7
15
16
56
22.6
32. 5
100.4
_
"l
2. 0
70. 1
117.2
30
63
68. 3
106.2
1
1.4
5
24.4
1
2
3. 0
2.4
IS.
24. 9
15
24. 9
15
24.9
110.6
64.2
117. 0
568. 0
122. 1
343. 1
21
16
31
110
51
116
110.6
39.8
117. 0
568.0
122. 1
343. 1
19
16
29
110
48
116
84. 1
39. 8
114.9
568. 0
111.6
343. 1
295. 3
1,237.7
48. 0
98
124
19
292. 3
1,235.2
48. 0
97
120
19
291. 0
1,202. 3
48.0
_
172. 1
1.2
2. 0
1
1. 8
_
1
_
1
_
1
_
_
1
1
_
87. 9
_
2
2 .4
2
11. 0
1
22. 0
_
_
4. 5
_
1. 0
_
5. 0
_
_
2
12. 1
1
2
_
_
1
_
1. 1
2
5. 5
1. 3
20. 9
10
20. 1
10
20. 1
9
19. 1
1
1.0
-
-
-
824
3,428.7
487
2 ,1 8 9 .8
464
2, 084. 4
20
89. 1
3
16.3
337
18
88
78
71
24
104
45
75
316
116. 3
622. 3
587.2
176. 8
41.3
274.8
186.4
302.5
1, 114.8
17
78
78
71
24
97
38
52
28
115. 1
577.8
587.2
176.8
41. 3
261. 5
157. 1
203. 1
64. 7
1?
73
76
71
24
93
33
45
28
115. 1
538. 3
572.7
176.8
41. 3
255.6
146.2
168. 5
64. 7
.
5
1
_
39.5
2 .0
_
_
_
1
1
10
12. 5
2
3.8
7
7
23
288
13. 3
29. 3
99.4
1,050. 1
5
6 .7
4
5. 5
4
5.5
-
1
1.2
1 Excludes railroad and airline industries.
NOTE:
No
provisions
41
15
99
126
19
Subject to local
negotiation
AgreeWorkers
ments
5.862. 3
21
21
31
110
51
116
|
I
Layoff mentioned
no details
Agree
Workers
ments
Because of rounding, sums of individual item s may not equal totals.
_
2
5
7
2. i
10.9
34.6
_
-
-
1,239.0
1.2
44. 5 *
T a b le 9 . A d v a n c e n o tic e o f la y o ff in s a m p le o f m a jo r
c o lle c tiv e b a rg a in in g a g re e m e n ts , 1 9 7 0 -7 1
T a b le 10. Length o f advance notice o f layoff in sam ple of
co llective bargaining ag reem en ts, 1 970-71
{W orkers in thousands)
£WorkersJin>th o u i^
Agree*
ments
Type of advance notice
Total studied
Total with provision for advance notice of layoff —
To employee only................................................... —
To union only —---- ------------------------------------- -------To employee and union ---------- —---------- r------ —
To employee, or pay in lieu of notice
To employee and union, or pay in lieu of notice
Advance notice, no reference to whom ———
Subject to local negotiation............................... ——
No provision
NOTE:
—— — ----- -------- --------— —........ — —
Workers
364
2, 0 9 6 . 1
200
1,215.4
50
44
57
27
19
1
2
528. 3
330.5
188.6
52.2
86. 5
1.8
27.6
164
880.7
Because of rounding, sums of individual items may not equal totals.
Time period for notice
To
employees
Agree
Workers
ments
Total studied ----- —
364
Total with provision for advance
notice____________________ _
To
union
Agree
Workers’
ments
2. 096. 1
364
2. 096. 1
153
855. 5
120
605.6
Less than 3 d a y s ----- --------------3-4 days --------------------------------—
5-6 d a y s-------------— -----------------7-8 days 9-10 days _____________
____
Over 10 d a y s -------------------------Varies —. . . . —
---- . . . . . .
Time not specified---------------- -
37
41
13
34
2
10
2
14
483.4
144.9
26.2
105.2
6.7
19.6
20. 1
49.6
24
22
7
7
1
14
l
44
47. 8
50.9
22.8
22. 2
8 .0
122.6
7.7
323.9
No provision — ----------- —------------ —
211
1,240.6
244
1,490.5
1 Nonadditive horizontally, with r e s p e c t to table 9.
provided advance notice to both employees and union.
T a b le 11. R o le o f s e n io rity in la y o ff and recall in s a m p le o f
m a jo r c o lle c tiv e b a rg a in in g a g re e m e n ts , 1 9 7 0 -7 1
^ W o rk e rs jn J ^
Role of seniority
Layoff
procedure
Agree
Workers
ments
Recall
procedure
Agree
Workers
ments
T a b le 12. N o n sen ro rity fa c to rs in la y o ff and re ca ll in
s a m p le o f m a jo r c o lle c tiv e b a rg a in in g a g re e m e n ts , 1 9 7 0 -7 1
Layoff
Factors
Agree
ments
Total studied1
Total studied —_____________
364
2, 096. 1
364
2,096.1
Total with seniority role ---------- ---
363
2.094. 3
348
2, 048. 1
Sole fa c to r -------— ------------------Primary fa c to r ---------- --------- —
Secondary factor ---------------------Equal with other factors---------Unclear
---- „
Varies with situation--------------Subject to local negotiation----
99
161
71
.
15
4
13
502. 1
723.9
292.5
83
166
64
1
16
4
14
441.6
694.4
278.6
42.7
36.1
6 .9
548.0
16
48.0
No seniority role —......... -_______—
1
_
43. 1
6 .9
526. 0
1.8
Total with nonseniority factors — —
Because of rounding, sums of individual items may not equal totals.
Recall
Workers
Agree
ments
Workers
364
2, 096. 1
364
2, 096.1
264
1,592. 3
265
1.606.5
Qualifications required but not
specified ----------- ----- -------— —
80
901.5
94
833.2
Skill and a b ility _______________
Physical fitness
Education or training —___ ____
Tests
Attendance -------- ------- — ---- ---- -Family status
Place of residence -__—_______
Subject to local negotiation . — .
183
52
14
2
6
1
1
4
666.6
239.4
30. 1
8. 2
16. 1
4 .0
4 .0
31. 1
156
54
10
2
3
_
617.9
259. 0
21. 8
8.2
10.8
_
14
151.9
100
503.8
99
489.6
No reference to nonseniority
factors
NOTE:
Many agreements
1 Nonadditive:
_
Many agreements specify more than 1 nonseniority factor.
T a b le 13. O riginal seniority unit In layoff
In sam p le o f m ajor collective bargaining
ag re e m e n ts , 1 9 7 0-71
Seniority unit
Total studied ......... -___ ________________
Total referring to unit
Job classification within a subdivision ——
Job classification------------ ------------ -________
Occupational family or line of pro
gression
Subdivision of plant — ..........................—____
Plant or equivalent facility
Subject to local negotiation.___ —_______. ____
Unclear
— —
No reference to seniority unit
T a b le 14. B r o a d e s t u nit fo r e x e rc is e o f s e n io rity rig hts in
la y o ff in s a m p le o f m a jo r c o lle c tiv e b arg ain in g a g re e m e n ts ,
1 9 7 0 -7 1
Agreements
Workers
(thousands)
364
2 ,0 9 o . 1
362
2 ,0 1 7 .6
90
59
327.7
226. 4
35
102
48
23
5
154.7
278. 1
$65. 3
651. 1
1 4.4
Scope of seniority rights
Total studied .
—
—
364
2 ,0 0 6 . 1
Total specifying scope of seniority rights__—
358
2, 010. 7
70
95
151
19
19
245.0
34 5 .4
623. 1
126.7
6o0. 1
Job or occupation -------------- ---- ...--------------Subdivision *—
______________ ,_______
Plant1
Inter plant
Subject to local negotiations______ - _______
U nclear--------------------------------------------------------No
u n it s
4
s p e c ifie r )
__________
7 8 .5
2
Workers
(thousands)
Agreements
L J
!
1
;
!
j
io.5
8 5 .4
1 Includes subdivisional or plant labor pools.
NOTE:
Because of rounding, sums of individual items may not equal totals.
NOTE:
Because of rounding, sums of individual items may not equal totals.
T a b le 15. B u m p in g re s tric tio n s in s a m p le o f m a jo r
c o lle c tiv e b a rg a in in g a g re e m e n ts , 1 9 7 0 - 7 1 1
Type of bumping restriction
Total studied -----------------------------------------Total permitting bumping
Total with bumping restrictions
Bumping upward prohibited
Limited to former job or unit___ —____
Prohibited within or into specified jobs
nr
u n it a
Limited to specified jobs or units,
(especially entry level) . . . ______________
Requires specified length of service —
Volume of bumping restricted .................
Limited to displacement of least
senior employee —__ -__________ _______
Other 1
2 —„__ _____________________________
No restrictions on bumping indicated _____
No reference to bumping
Agreements
Workers
(thousands)
364
2, 096.1
218
1, 107.5
173
838.1
6
19
35
8 .2
74.1
139.5
17
101.2
16
35
11
162.8
243.6
4 0.8
104
1
45
146
325. 3
2 2 .5
268.8
9 8 8 .6
1 Nonadditive: Many agreements contain more than 1 restriction.
2 Bumping prohibited if the employee having bumping rights would be dis
placed from the new job within 6 months.
NOTE:
Because of rounding, sums of individual items may not equal totals.
T a b le 16. S u p e rs e n io rity fo r union o ffic ia ls in s a m p le o f
m a jo r c o lle c tiv e b a rg a in in g a g re e m e n ts , 1 9 7 0 -7 1
Officials accorded superseniority
Total studied
—
Agreements
bssb J
6 4 _ ss _ bb
Total referring to superseniority for union
officials -------------------- -------------Listing of specific officials
Stewards or other first-line officials only—
Fixed number or proportion of officials — .
Union officials (nonspecific) —
---------U nclear--------------------------------------------------------
142
71
41
19
10
1
No mention of superseniority
222
NOTE:
Workers
(thousands)
2, 096.1
736.4
322.2
292. 1
81.1
40.1
1.0
1, 359.7
Because of rounding, sums of individual items may not equal totals.
T a b le 17. T e m p o ra ry layoff provisions in
sam p le o f m a jo r c o llective bargaining
ag reem en ts , 1 9 7 0 -7 1
Period of temporary layoff
Total studied-------------------------------------------
T a b le 18. R e te n tio n o f s e n io rity o r re c a ll rig h ts d urin g
la y o ff in s a m p le o f m a jo r c o lle c tiv e b a rg a in in g
a g re e m e n ts , 1 9 7 0 -7 1
Agreements
Workers
(thousands)
364
2. 096.1
Total with temporary layoff provision-----------1-2 d a y s ------------------------------------------------------3-5 days
—----------------------- ------— ——— ------6-10 day8 ---------- — ---------- —-------—---------------11 -30 days-------------—---- --------------------- ----------More than 30 d a y s --------------------—--------------—
Period not specified--------------------------------——
116
13
31
27
21
1
23
455.0
51.8
140.9
96.4
61.5
3.0
101.5
No provision-— ------------— ----- ----------------------------
248
1, 641.1
NOTE: Because of rounding, sums of individual items may not equal totals.
Time period
All agreements----------------- — ---------------Total having detailed recall provision — — — —
Total referring to retention of recall or
seniority r ig h ts ---------------------------- --------—
Period related to length of service —....- ■
Period equal to length of service, no
maximum---------------------------— --------Period related to length of service,
m axim um --------------------- — — ---------Less than 1 y e a r -------— ---------------1 but less than 2 y e a r s ---------- —---2 but less than 3 y e a r s ----------------3 years — ....--------------------- ---- ———4 y e a rs -----------------------------------------5 years —----- ---------------------------------More than 5 years — ------------------Other related to service* — -— —
Single period specified for all
em p loyees--------------------------------- — ------Less than 1 y e a r --------------------------1 but less than 2 y e a r s ----------------2 but less than 3 y e a r s ----------------3 years ------ ---------------------------------4 y e a rs ----------------------------------- ------5 years — —— — — ------------------ ---Recall rights extended indefinitely ---- —
Other2 ----------------------------------------------------No reference to duration of recall rights---No recall details---- — ---- ---- ---- — — —— — -------
T a b le 19. T im e lim it fo r re s p o n s e to re ca ll in s a m p le o f
m a jo r c o lle c tiv e b a rg a in in g a g re e m e n ts , 1 9 7 0 -7 1
Agreements
Workers
(thousands)
364
2, 096.1
Total having recall d e ta ils-----------------------------
348
2, 048.1
Total having notice of recall provision— —
2 days or less — — —— ----------- — -— —
3 d a y s -------- ------— ------------— — ---------------4 days — ---------------- ----------------— ----- ---5-7 days or 1 w eek--------- ——--------— —
8-14 d a y s ------------------------------------------------15 or more days —— ----- --------- ------------No time limit ndicated —----- —---------- -—
No mention of notice of re c a ll---------------------
264
28
82
9
97
21
6
21
84
1, 679.9
89.7
777.2
23.5
354.2
96.5
27.5
311.4
368.2
No recall details —---- — -----------------------------------
16
48.0
Time limit
Total studied--------- ----------- -------— ----- —
NOTE: Because of rounding, sums o f individual items may not equal totals.
Agreements
-------W orkers-------(thousands)
364
2. 096.1
348
2. 048.1
296
122
1,777.3
927.1
11
408.2
111
3
22
18
22
1
31
2
12
518.9
5.4
43.4
42.0
110.6
1.5
238.2
32.3
45.7
162
22
69
41
21
5
4
9
3
52
776.4
58.1
302.3
173.7
199.5
35.0
7.9
51.6
22.2
270.8
16
48.0
1 Includes 8 agreements which provided a limited period for employees with
less than specified seniority, and indefinite or unlimited period for those with
specified seniority; 2 agreements which provided a period based on half-seniority
at time of layoff; and 2 agreements which provided a minimum period, plus 1
month for each additional year of service.
2 Includes 2 agreements which were not clear; and 1 agreement which
provided a 13-week minimum plus a period equal to duration of separation payments.
NOTE: Because of rouding, sums of individual items may not equal totals.
A p p e n d ix A . S e le c te d W o r k s h a r in g and L a y o ff P ro v is io n s
To illu strate how the w orksharing and layoff clauses fit together, a number of
prov ision s have been reproduced in their entirety.
Irrelevant wording has been d e
leted w here n e ce ssa ry .
From the agreement between
Chrysler Corporation, Production and
Maintenance, and the United Autom obile,
Aerospace, and Agricultural Im plem ent
Workers o f Am erica
(expiration date: September 1973)
(49)
L oss o f sen iority
An em ployee shall lo se his sen iority . . .
(d) If he does not return to w ork when called. In p rop er ca se s , exceptions shall
be m ade. If the disp osition m ade o f any such case is not sa tisfa ctory , the m atter m ay
be re fe r r e d to the grievan ce p roced u re.
(e) If he is laid o ff during the term of this agreem ent fo r a continuous period
equal to the sen iority he had acquired at the tim e of such layoff p eriod , o r fo r 1 y ea r,
w hichever is lon ger; provided, how ever, an em ployee who is laid off or who is not r e
called and reinstated from layoff in line with his seniority because of his continuing
physical inability to p e rfo rm the available w ork w ill not be con sidered as laid o ff fo r
the pu rposes of this subsection, unless and until an em ployee in the sam e seniority
departm ent o r division with the sam e o r g reater sen iority is on layoff as defined in
section (58). . . .
(50)
Seniority o f ch ief stewards
. . . notwithstanding their position on the sen iority list, ch ief stewards shall, in
the event of a layoff, tem porary adjustment, be continued at work as long as there is
a job in their d istrict which th ey are able to do, and any of their resp ectiv e con stit
uents still are at w ork, and shall be re ca lled to w ork after the layoff as soon as there
is a jo b in their d istrict which they are able to do, and any of their resp ectiv e con stit
uents have been re ca lle d to w ork. . . .
(51)
Seniority o f com m itteem en and o ffice r s
Notwithstanding their position on the sen iority lis t, the plant shop com m ittee shall,
in the event of a tem porary adjustm ent, be continued at work as long as there
is a jo b in their d istrict they are able to do and any of their resp ectiv e constituents
are still at w ork.
Notwithstanding their position on the sen iority lis t, the plant shop com m ittee and
the presiden t, v ice presiden t, financial se cre ta ry , recordin g s e cre ta ry , trea su rer,
three tru stees, sergeant at a rm s, and guide of the lo ca l union shall, in the event of a
layoff and re h ire , be continued at w ork at all tim es when one o r m ore departments o r
fraction s th ereof are at w ork, provided that they are able and do the work being done
at the tim e. . . .
57
L a y o ff a n d r e c a ll
(58)
L ayoff defined
F o r the purpose of these section s (45) through (71), the w ord ’ ’la yoff" m eans an
adjustm ent o r a reduction in working fo r c e due to m odel change o r a d e crea se in the
com pan y’s bu sin ess, and does not mean tem porary adjustments of the working fo r c e
due to em e rg e n cie s, weekend operation s, tem porary adjustment of schedules, etc.
(59)
T em porary adjustm ents
T em pora ry adjustm ents o f the working fo r c e due to e m erg en cies, weekend op era
tions, tem porary adjustm ent o f sch edules, etc. , shall be cov ered by written agreem ent
between the lo c a l plant m anagem ent and the lo ca l union.
Unless and until the lo ca l
plant m anagem ent and the lo c a l union shall reach agreem ent as a foresa id , if a tem p or
ary adjustm ent continues fo r 5 working days or m o re , the lo ca l union m ay request in
writing the lo c a l plant management to adjust the working fo r c e a ccord in g to the layoff
p rov ision s o f this agreem ent, and the lo ca l plant management w ill do so within 5 w ork
ing days th erea fter, unless said tim e is extended by mutual agreem ent.
(60)
N otice o f layoff
The plant w ill give 24 hours n otice of layoff
and to the ch ief stew ard in the d istr ic t w here the
em ployees are disp la ced pursuant to section (61),
leaves of a bsence, o r by tem porary sk illed trades
(61)
as h erein b efore defined to em ployees,
layoff is to be m ade, except where
by em ployees returning to w ork from
em ployees returning to production.
L ayoff p roced u re
When there is a d e cre a s e in fo r c e , em ployees shall be laid off o r disp lace other
em ployees in the follow ing m anner, subject to the em p lo y e e ’s ability to p e rform the
available w ork:
(a) P robation ary em ployees w ill be laid off on a plantwide b a sis.
(b) E m ployees with sen iority w ill be laid off in each departm ent o r, where ap
p lica b le , division a ccordin g to sen iority.
(c) E m ployees laid o ff in a department shall, within 2 w eeks, disp lace em ployees
with le s s e r sen iority in other departm ents of a division.
(d) E m ployees laid o ff from a division of from a departm ent if it is not part of
a division , who d e sire to disp la ce em ployees in the plant with le s s sen iority, shall
within 2 w eeks of such layoff applying in writing to do so at their plant em ploym ent
o ffice .
Within 30 days o f such layoff, such applicants shall be reca lled to displace
em ployees in the plant with le s s sen iority, provided, h ow ever, that an applicant must
have at lea st 9 months m ore sen iority than any em ployee having sen iority he d isp la ces.
E m ployees making application under this paragraph shall be given a copy of their
application at the tim e they make such application.
(62)
R ecall proced u re
(a) When there is an in cre a se in fo r c e after a layoff, em ployees with sen iority
shall be re ca lle d a ccordin g to their departm ental sen iority.
(b) Within 2 weeks after such r e ca ll, em ployees rem aining on layoff from a
departm ent in a division shall be re ca lled to d isp la ce em ployees who have le ss s e
n iority working in other departm ents in the sam e division.
(63)
Departm ental return
(a)
An em ployee tra n sferred or reca lled to another departm ent or division pu r
suant to section s (61) o r (62), m ay return to his fo rm e r departm ent with full sen iority
58
to an open jo b , after all em ployees with sen iority have been reca lled in the fo rm e r
departm ent, provided the em ployee m akes application at the em ploym ent o ffice within
30 days o f his tra n sfer o r re ca ll.
Such application (i) shall rem ain in effect fo r 6
m onths, (ii) m ay be renewed within 10 days of the end of each 6 month p eriod , and,
(iii) m ay be revoked by the em ployee at any tim e p r io r to his receivin g notice from
the corp ora tion that he is to return to his fo rm e r departm ent; provided, how ever,
that a jo b opening created by the return of an em ployee pursuant h ereto w ill not be
fille d by the tra n sfer o f another em ployee under this subsection.
(b)
L ayoffs and tra n sfers pursuant h ereto shall be made in such a m anner, and
as expeditiously as is consistent with the continuous, efficien t and o rd e rly operation of
the plant o r departm ent involved.
(64)
W ork opportunity fo r laid o ff em ployees
The plant a g rees that in em ploying new people in any departm ent, it w ill give
w ork opportunity to qualified laid o ff em ployees in the follow ing ord e r:
(a) To em ployees of other departm ents of the plant.
An em ployee returned to
w ork under this su bsection (a) m ay return to this fo rm e r departm ent with full sen iority
to an open job after a ll em ployees with sen iority have been reca lled in the fo rm e r de
partm ent, provided the em ployee m akes application at the em ploym ent o ffice within 30
days o f his return to w ork under this subsection.
Such application (i) shall rem ain in
effe ct fo r 6 m onths, (ii) m ay be renewed with 10 days of the end of each 6 month
p eriod , and (iii) m ay be revoked by the em ployee at any tim e, p r io r to his receivin g
notice fro m the corp ora tion that he is to return to his fo rm e r departm ent; provided,
how ever, that a jo b opening created by the return of an em ployee pursuant h ereto, w ill
not be fille d by the tra n sfer o f another em ployee under this subsection (a).
(b) To em ployees o f other plants of the corporation cov ered by this agreem ent
o f the P arts Depots A greem ent, in the sam e la b or m arket area, established under the
Supplemental Unemployment Benefit Plan, Exhibit nDn. Such em ployees under this sub
section (b) shall rank fo r sen iority as of the date of entry in the plant. E m ployees a c
cepting w ork under this subsection (b) shall have no right to return to fo rm e r plants,
unless and until they are perm anently laid off from the new plant.
When so laid off,
they shall e le ct to (i) retain sen iority at the new plant, and in such ca se their sen iority
at their fo r m e r plants shall term inate o r (ii) return to their fo rm e r plant with full a c
cumulated sen iority, and in such ca se their sen iority at all other plants shall term inate.
The separation o f an em ployee fro m the new plant, fo r a reason other than s p e c
ified in this paragraph, shall resu lt in the term ination of an e m p loy ee^ sen iority in all
corp ora tion plants; provided, how ever, that the separation of an em ployee accepting
w ork under this subsection (b) fo r inability to p e rfo rm the assigned w ork shall te r
minate his sen iority at the plant from which he is separated, but shall not a ffect his
sen iority at any other plant.
An em ployee accepting w ork under this subsection (b)
shall retain any rights accru ed fo r purposes of holiday pay, payment in lieu o f va
cation s, pen sion s, insurance and the Supplemental Unemployment Benefit Plan.
(65)
O ffer of w ork under S. U. B. P .
(a) Any p ro v isio n of this agreem ent to the contrary notwithstanding the co r p o r a
tion shall have the right to o ffe r a laid off em ployee available w ork in any plant of the
corpora tion in the sam e labor m arket area, as established under the Supplemental Un
em ploym ent Benefit Plan, Exhibit " D ".
F or the purposes of this section only, avail
able w ork includes open jo b s and w ork being p erform ed by probationary em ployees who
may be displaced.
(b) An em ployee who refu ses an o ffe r of available w ork under this section shall
not, by such refu sal, lo se his right of r e ca ll to the plant from which he was laid off,
but shall not be eligible fo r any benefits under the Supplemental Unemployment Benefit
Plan, except as provided in A rticle I, Section (3)(b)(3) of the Supplemental Unemploy
ment Benefit Plan, Exhibit "D ".
(c) A sen iority em ployee who accepts available w ork at another plant, as h erein
b e fo re set forth, shall rank fo r sen iority as of the date of entry in the plant in which
he accepts such w ork.
An em ployee accepting such w ork shall have no right to return
59
to fo r m e r plants, unless and until he is perm anently laid o ff from the new plant.
When
so laid off, he shall e le ct to (i) retain sen iority at the new plant and in such ca se his
sen iority at his fo r m e r plants shall term inate o r (ii) return to his fo rm e r plant with full
accum ulated sen iority, and in such ca se his sen iority at all other plants shall term in
ate.
The separation of an em ployee from the new plant fo r a reason other than sp e c
ified in section (64)(b) shall resu lt in the term ination o f an em p loy ee's sen iority in all
corp ora tion plants. . . .
(70)
Job secu rity and outside contracting
. . .
In a ll c a s e s , except w here tim e and circu m sta n ces prevent it, the plant m anage
m ent w ill hold advance d iscu ssio n with lo ca l union represen tatives p r io r to letting such
a con tract.
In this d iscu ssio n , lo ca l management is expected to review its plans o r
p ro sp e cts fo r letting a p a rticu la r con tract.
The lo ca l union should be advised of the
nature, scop e, and approxim ate dates of the w ork to be p e rfo rm e d , and the reasons
(equipment, m anpow er, e t c . ) why management is contem plating contracting out the w ork.
At such tim es, corp ora tion represen ta tives are expected to a fford the union an op p or
tunity to com m ent on the co rp o ra tio n 's plans and to give appropriate weight to those
com m ents in the light o f a ll attendant circu m sta n ces.
In no event shall any sen iority em ployee who cu stom arily p e rfo rm s the w ork in
question be laid o ff as a d ir e c t and im m ediate resu lt of w ork being p erform ed by any
outside con tra ctor on the plant p r e m ise s .
From the
National Master Freight Agreement and
Southeastern Area Local Cartage Supplem entary
Agreem ent between Private, Comm on, Contract
and Local Cartage Carriers and the International
Brotherhood o f Teamsters, Chauffeurs, Ware
housemen and Helpers o f Am erica
(expiration date: June 1973)
(32)
Subcontracting
Section 1.
F o r the pu rpose o f p reserv in g w ork and jo b opportunities fo r the em ployees
co v e re d by this agreem ent, the em ployer ag rees that no w ork o r s e r v ice s o f the
kind, nature o r type co v e re d by, presen tly p e rform ed , o r h ereafter assigned to
the c o lle ctiv e bargaining unit w ill be subcontracted, tra n sferred , leased, assigned
o r conveyed in whole o r in part to any other plant, p erson o r nonunit em ployees,
unless oth erw ise provided in this agreem ent.
The em ployer m ay subcontract w ork, when all of his regu lar em ployees are
w orking, except that in no event shall road w ork p resen tly p erform ed o r runs
established during the life of this agreem ent be farm ed out.
No dock w ork shall
be farm ed out except fo r existing situations established by agreed to past p ra ctice s .
O verflow loads m ay be delivered by d riv e rs other than the e m p lo y e r's em ployees,
provided that this shall not be used as a subterfuge to violate the p rov ision s of
this agreem ent.
Loads m ay a lso be delivered by other agreed to methods o r as
p resen tly agreed to. . . .
(34)
M oonlighting
Section 3.
In the event o f la yoff, em ployees who have regular outside em ploym ent shall be
fir s t laid off, re g a rd le ss o f such em p loy ee's sen iority standing, unless such em
p loyee im m ediately term inates such outside em ploym ent.
In the event there are
60
two o r m o re em ployees having regular outside em ploym ent, the em ployer shall
lay o ff the em ployee having the latest date of hire.
Any em ployee so laid o ff shall, as a condition of re ca ll, term inate other re g
ular em ploym ent which he m ay have, unless qualified fo r re ca ll under item 2
pother, m anpow er unavailable/ above. . . .
. . .
E m ployees h ired p r io r to August 1964, o r the effective date of the 1964
con tract, having two regular (even if p a rt-tim e) job s (acquired b e fo re August
1964) are p rotected in sofa r as their sen iority under the m aster freigh t a g re e
m ent with the follow ing exceptions:
(a) If there is a layoff, and em ployees working ex clu siv ely fo r a trucking
com pany having sen iority status would be laid off, if the man with the two
regu lar o r p a rt-tim e jo b s above continues to w ork, the individual above with
two regu lar o r p a rt-tim e jo b s would be laid off fir s t, unless he elected to
give up his other outside jo b .
(b) If an em ployee with le s s e r sen iority is laid o ff at the sam e tim e as the
individual having two regu lar o r p a rt-tim e job s and electing to keep both jo b s ,
and there is a r e c a ll fo r additional em ployees, the man having ex clu siv e em
ploym ent with the trucking com pany under the m aster agreem ent would be
subject to r e c a ll fir st.
(c) The only tim e the man with two regular o r p a rt-tim e jo b s would be sub
je c t to r e c a ll would be when all em ployees with sen iority w ere returned to
w ork and additional men are needed, su bject to section 2 pother manpower
u n a v a ila b le /o r a rticle 34.
(d) This applies to regular o r p a rt-tim e em ployees on two jo b s .
(e) This shall not prohibit lo ca l union and em ployers from working out
mutual p rob lem s fo r the benefits of parties concerned.
(f) P ro v isio n s o f this a rticle shall not apply w here a fu ll-tim e em ployee
with sen iority in cla ssifica tio n s cov ered by this agreem ent o r supplements
w orks on a secon d job on his offdays o r offnights outside of the trucking
industry.
(42)
Seniority
Section 1.
Seniority rights fo r em ployees shall p revail.
Seniority shall be broken by . . . m o re than a 3 year layoff.
In the event of
a layoff, an em ployee so laid o ff shall be given 2 w eeks notice of re ca ll by c e r
tified m ail to his last known hom e add ress.
In the event the em ployee fa ils to
m ake h im se lf available fo r w ork at the end of said 2 w eeks, he shall lo se all
sen iority rights under this agreem ent.
E m ployees shall give the em ployer 1 week
notice o f intent to return to w ork. . . .
C on trov ersies regarding sen iority shall be settled by the em ployer and the
union.
Failing a settlem ent by these p a rties, the con trov ersy shall be p r o c e s s e d
under the grieva n ce p roced u re set out in a rticle s 44 and 45 o f this agreem ent.
Section 2.
(a) T erm in al sen iority, as m easured by length of s e r v ice at such term inal,
shall p re v a il, except as otherw ise provided fo r in this agreem ent.
(b) Reduction in fo r c e .
When it b ecom es n e ce ssa ry to reduce the working
fo r c e , the la st em ployee h ired shall be laid o ff fir s t; and when the fo r c e is again
in cre a se d , the em ployees are to be returned to w ork in the re v e rs e o rd er in
which they w ere laid off. . . .
Section 6.
(a)
As provided fo r in the national a g re e m e n t a r t ic le s , s e c tio n 5 (b) in the South
ern C onference A rea only, em ployees at clo se d term inal " A 11 that are affected by the
closin g m ay tra n sfe r to term inal nB ", if the w ork fro m term inal "A " is tran sferred
to term inal nB n, and e x e r c is e their com pany sen iority fo r layoff pu rp oses only, even
though it would result in the laying o ff of presen tly em ployed p erson s at term inal MB ".
61
In the event that there is regular w ork available after such tran sfers are made
by term inal "A " em ployees to term inal "B " any em ployee on layoff p r io r to the
closin g of term inal " A " may e x e r cise his sen iority voluntarily at term inal "B "
and go to the bottom o f the board fo r all p u rp oses.
(In re feren ce to em ployees
on la yoff status, this m eans those on layoff status throughout the system of the
em ployer within the Southern C onference A rea. )
From the agreement between
New York Coat and S uit Association, Inc.
and the International Ladies' Garm ent
W orkers' Union
(expiration date: May 1973)
(20)
D ivision o f w ork
1. If the em ployer is unable to supply his w ork ers with w ork full tim e, the w ork
available in the shop shall be divided as equally as p o s sib le among all the w ork ers
com petent to do the w ork.
2. In such circu m sta n ce s, w ork ers m ay be divided into groups which w ill be
supplied w ork alternately.
3. If there is not a full w eek 's w ork fo r all cutters in the shop, the w ork avail
able shall be divided equally among them by the week.
4. The managing p r e s s e r shall not be entitled to m ore w ork than other p r e s s e r s
in the shop.
5. No m em ber of an em ployer, su p ervisory em ployee o r any other person out
side of the bargaining unit shall p e rfo rm any w ork of any cra ft cov ered by this a g ree
ment.
An em ployer shall pay to the union, dam ages fo r each such violation, a
sum com puted on the basis of the minim um w eekly wage of the craft involved. . . .
From the agreement between
Association o f Private Hospitals, Inc.,
New Y o rk, N .Y ., and the Service
Employees International Union
(expiration date: July 1972)
(27)
Seniority
(a)
In the event that by reason o f insufficient w ork, the em ployer finds it n e c
e ss a ry to layoff any o f its em ployees in the bargaining unit, sen iority shall p rev ail
in such lay off, and sen iority shall lik ew ise p rev ail in the rehiring o f em ployees who
have b~en laid off during the preceding 6 months.
The type o f w ork p erform ed shall
be taken into consideration in all layoffs and re ca lls th erefrom .
R ecall shall be by
m ail to the last address in the e m p lo y e r’s re co rd s with copy to the union. . . .
From the agreement between
General Instrum ent Corporation, F. W. Sickles
Division, and the International Brotherhood o f
Electrical Workers
(expiration date: November 1972)
(5)
Seniority
Section 3.
Seniority shall be the determ ining fa cto r with re sp ect to layoff, tran sfers o f
m o re than 2 w e e k s1 duration (not including prom otion and upgrades) and re e m
ploym ent w here fitn ess and ability are adequate to m eet the requirem ents o f the
02
available w ork.
clas s ifi cation.
P robation ary em ployees w ill be laid off fir s t irre s p e ctiv e of
Section 3A.
Seniority shall be deem ed to be term inated fo r the follow ing reasons . .
(c) L ayoff in e x ce ss o f 24 months; . . .
(e) E m ployees who have been laid off in ex ce ss of 3 w eeks, and who have
secu red em ploym ent elsew h ere, and are not collectin g unem ploym ent com pen
sation w ill be given 7 calendar days to return to w ork upon re ca ll without loss
of sen iority, provided he (she) can establish p ro o f of em ploym ent elsew here at
tim e of r e ca ll.
Em ployees not em ployed at the tim e of re ca ll m ust return
within 48 hours of the notification to return, unless satisfa ctory notice of their
inability to rep ort to w ork has been given to the personnel department.
(f) E m ployees who have e x e rcise d their right under a rticle 11, fir s t p ara
graph, w ill not lo se their sen iority rights. . . .
Section 5.
In the event the em ployer finds a layoff is n e ce ssa ry fo r a tem porary p eriod
of not m ore than 4 working days, such layoffs may be made without regard to
sen iority.
Such tem porary layoffs w ill be divided equally to include all em ploy
ees in the departm ent within the various sen iority groups.
T em porary layoffs
w ill be lim ited to 4 days p er month unless otherw ise agreed to between the em
p lo y e e ^ ) and su p ervisor.
Use o f the full 4 days can only operate fo r two con
secutive 30-day p e rio d s.
Then 30 days m ust elapse b e fo re a tem porary layoff
can begin again. Any abuse o f this paragraph is su bject to the grievan ce p roced u re.
Section 6.
E xcept in em e rg e n cie s, the em ployer w ill notify the em ployee 3 hours p r io r to
the effective tim e of a tem porary layoff.
The em ployer w ill notify the em ployee
and the union not le ss than 24 hours p rio r to an indefinite layoff and disch arge,
except in ca se s which w arrant sum m ary disch arge. . . .
Section 9.
Seniority w ill a ccru e com m encing with hire date and continuing uninterrupted
unless and until a perm anent quittal is reg istered on the individual’s record .
It
w ill accum ulate during periods of . . . layoffs. . . .
Section 10.
E m ployees accepting a voluntary layoff out of sen iority m ust fir s t sign the
w aiver o f sen iority form .
E m ployees ex ercisin g this option must await a job
opening b e fo re being returned to work.
In addition, they must notify the p e r
sonnel departm ent when they are available to return to work.
The e m p loy ee’ s
sen iority w ill not be affected during the layoff period.
Section 11.
E m ployees with 15 y e a r s ' sen iority or m ore m ay accept a layoff in lieu
tra n sfer o r downgrade without lo ss of seniority.
E m ployees ex ercisin g this
m ust sign the w aiver of sen iority agreem ent and await a job opening b e fo re
returned to w ork.
In addition, they must notify person nel departm ent when
are available to return to w ork.
of a
optiofi
being
they
Section 12.
Not withstanding the p rov ision s of a rticle 9 /h o u rs, ov ertim e, shifts7 the president,
v ice presiden t, recordin g se cre ta ry , financial se cre ta ry , tre a su re r, the seven m em
b ers of the executive board, and the two chief stewards of the union shall have top
plantwide sen iority in the event of la yoffs, provided they are qualified to p erform the
available w ork.
Department stew ards . . . shall have top sen iority in their r e
sp ective departm ents in the event of layoffs, provided they are qualified to p e rfo rm
63
the available w ork.
This shall not im pair the sen iority rights of such o ffice r s
and stew ards under other p rov ision s of the agreem ent, and p rev a ils only during
their term o f o ffice and appointment.
Section 13.
The annexed sen iority group listing fo r piecew ork and daywork cla ssifica tion s
w ill be used fo r the purpose o f layoff, tra n sfers
of m ore than 2 weeks duration
(not including p rom otion and upgrades), and reem ploym ent subject to the p r o v i
sions o f section 3 of this a rticle .
(1 1)
T ra n sfers
Section 1.
When an em ployee is perm anently tra n sferred either from occupation to o c c u
pation o r cla ssifica tio n to cla ssifica tio n to p erfo rm other w ork fo r which a
higher o r low er occupational hourly rate of wage is in effect, he o r she shall
re ce iv e the occupational hourly rate fo r said w ork in a ccord a n ce with the sch ed
ule annexed h ereto.
In ca se the hourly rate of an hourly paid em ployee w ill be
reduced by m o re than 8 cents p er hour in the event of such a tran sfer, such
em ployee m ay a ccep t a la yoff in lieu of such tra n sfer without lo ss of sen iority
o r re ca ll rights. . . .
Section 2A.
When an em ployee is perm anently tra n sferred from one cla ssifica tio n to an
other as a d ir e c t resu lt of sen iority bumping, such em ployee shall c a rry his
entire sen iority with him to the new cla ssifica tion effective im m ediately. . . .
Section 4.
E m ployees desirin g a tra n sfer (including prom otions and upgrades) within their
bargaining unit m ay file application th erefore with the em ployer*s person nel d e
partm ent at the plant.
In filling hiring requests re ce iv e d by it, the em ployer *s
p erson n el departm ent w ill give con sideration to the m ost sen ior em ployees who
have applications fo r a tra n sfer on file , provided they have the fitness and abil
ity, and provided there are no sen ior em ployees on la yoff su bject to re ca ll to fill
the position .
E m ployees who have been subject to tem p orary layoffs fo r m ore
than 3 con secu tive weeks m ay file requests fo r tra n sfers to be handled by the
em ployer within the m eaning of this paragraph.
P re fe re n ce shall be given to
such requests on the basis of sen iority, fitn ess, and ability ov er requests of
other em ployees having applications fo r tran sfer on file , provided there are no
sen ior em ployees on perm anent la yoff subject to re ca ll. . . .
From the agreement between
Chicago Furniture M anufacturer's Association
and the Independent Shops and the Upholsterers'
International Union o f N orth Am erica
(expiration date: May 1973)
(4)
Hours
Section 6.
No new em ployees shall be hired until all regular em ployees shall have been
w orking at lea st 40 hours p er week as sp ecified in this agreem ent, p r io r to the
hiring of new em ployees.
In the event w ork falls below 40 hours p er week, after
new em ployees are h ired, they shall autom atically be laid off if they do not have
at lea st 90 days* s e r v ic e , until a 40 hour week is again w orked. . . .
64
(5)
Equal d ivision o f w ork and sen iority
Section 1,
When there is not su fficien t w ork fo r all regular em ployees, tem porary or
probation ary em ployees with le s s than 90 days* sen iority shall fir s t be laid off,
and then said rem aining w ork shall be divided as nearly equally as p o s s ib le , in
each operation o r departm ent, among rem aining regular w o rk e rs, reg a rd less of
sen iority, in o rd e r to avoid discrim in ation between w ork ers.
Section 2.
Equal division o f w ork shall continue until such tim e as a workweek m ay fall
below 32 hours p e r week, fo r 4 consecutive w eeks, after which, la y offs, based
upon sen iority in each departm ent, operation, o r cla ssifica tio n , shall be instituted
in o rd e r to reesta b lish a norm al 40-h ou r week fo r the rem aining em ployees, and
reem ploym ent shall be on the sam e basis o f layoff; last one laid off, fir s t one
reh ired.
Section 3.
Chief stew ard o r head stew ard in a shop shall rate top sen iority in the event
o f any layoff, in o rd e r to a ssu re his availability in the event any g rievan ces m ay
a r ise .
It is a greed the ch ief stew ard w ill a ccep t any w ork assignm ents, during
such la yoffs.
Section 4.
W here two grades o f w ork, o r m ore than one operation p re v a ils , an equal
d iv ision o f w ork shall apply in each operation o r departm ent. . . .
From the agreement between
The Packers and Sausage Manufacturers
Association o f Chicago and the Amalgamated
Meat Cutters and Butcher Workmen o f
North Am erica, A F L —C IO
(expiration date: A p ril 1973)
Section 14.
Seniority
Seniority rights shall p rev a il in all ca ses of layoffs below the grade of fo r e
man.
It is the d ecla red intention of both parties h ereto to keep em ployed those
lon gest in the s e r v ic e o f the em ployer, other fa ctors being equal; provided how
e v e r, that in the event of a layoff, em ployees who are 65 years of age or over
shall be laid o ff b e fo r e other em ployees with le ss sen iority are laid off.
The
union re cogn izes the n e ce ssity of the em ployer maintaining an efficien t and cap
able working fo r c e , and a g rees to cooperate in ev ery way to raise the standards
o f w ork.
It is e x p re ssly understood that no sen iority rights granted, h erein,
ju stify o r p erm it any em ployee to feel that he has secu rity in his em ploym ent
m e re ly becau se of such sen iority right.
The em ployer agrees to cooperate with the union in a fa ir application of the
sen iority rule h erein set forth, and when layoffs b ecom e n e ce ssa ry , to tem p ora r
ily disp ose of the s e r v ic e o f those 65 y ears of age o r old e r, and then those em
p loyees enjoying the lea st sen iority, and in the event o f reem ploym ent, to re ca ll
em ployees in the o rd e r o f their sen iority rights h erein, provided, of cou rse,
that the w orkm en involved can efficien tly p e rfo rm the duties required of them
when reh ired . . . .
An em ployee shall lo se all sen iority rights if he o r she has been on layoff
continuously fo r a p e rio d exceeding 1 year. . . .
65
From the agreement between
Dow Chemical Company and D istrict 50
A llied and Technical Workers o f the
United States and Canada
(expiration date: March 1974)
(2)
Seniority
Section 1.
P rin cip le of sen iority
It is agreed that whenever the com pany either reduces or in crea ses its w ork
ing fo r c e s within any of the departm ents set forth in appendix A, attached h ereto,
and m ade a part h e re o f, the p rin cip le of sen iority shall p rev a il, provided the
em ployee retained o r reca lle d is capable of doing thfe w ork.
Section 2.
Computation of sen iority
B.
Seniority accum ulation. An em ployee in a departm ent to which he has
been tra n sfe rre d , shall accum ulate sen iority in the departm ent o r departm ents
in which he has retained departm ental sen iority.
During the e m p lo y e e 's fir s t 6 consecutive months in any departm ent, he shall
hold no departm ental sen iority in such departm ent.
If an em ployee, including a
tem porary em ployee under section 2 -C , a rticle II, rem ains fo r 6 consecutive
months in a departm ent to which he has been tra n sferred , he shall have depart
m ental sen iority in the new departm ent from the f i r s t jl a y of his working in that
new departm ent, except as m odified by pother section^/.
A fter 3 years away from a departm ent in which an em ployee had established
sen iority, such departm ental sen iority shall be con sid ered to have lapsed.
C.
R eca ll righ ts.
An em ployee shall be notified by the Hourly P erson n el
D epartm ent, in o rd e r of his sen iority and ability, of any posting which results in
an opening in a departm ent in which he holds departm ental sen iority.
An opening
shall be defined as a need fo r an em ployee to enter the department.
Upon accepting a jo b in a departm ent in which he retains departm ental s e n io r
ity, the em ployee shall return with full accum ulated sen iority. If the jo b which
is accepted is in the em p loy ee's old departm ent, he relinquishes departm ental s e
n iority in any and a ll other departm ents.
If the jo b which is accepted is not in
the e m p loy ee's old departm ent, he relinquishes sen iority in any departm ent in
which he had subsequently established departm ental sen iority, but retains se n io r
ity in any departm ent in which he holds seniority which was established p r io r
to working in the departm ent to which he is recalled .
D.
R efusal righ ts.
An em ployee re ca lled from another departm ent, m ay refuse
to accept the job to which he is re ca lled without losing his departm ental sen iority, if
the jo b to which he is re ca lle d is o f not m o re than 90 calendar days duration.
During the fir s t 6 months after an em ployee is laid off from any department
in which he holds departm ental sen iority (and at w ork in the plant), he m ay r e
fuse any jo b except his old jo b without losing his departm ental sen iority.
If the em ployee refu ses his old jo b in his old departm ent during the fir s t 6 months
p eriod , he lo se s departm ental sen iority in that departm ent, and all other depart
ments in which he holds departm ental sen iority, except in the departm ent in
which he is now working.
A fter 6 months have elapsed, and as long as he retains departm ental sen iority, if
an em ployee refu ses any jo b in his old departm ent, he lo se s sen iority in any and
all other departm ents, except in the departm ent in which he is now working.
If he refu ses any jo b in departm ents other than his old departm ent, he lo se s d e
partm ental sen iority in that departm ent, and any other departm ent in which he had
subsequently established departm ental sen iority, except the departm ent in which he
is w orking, but retains sen iority in any department in which he holds sen iority which
was established p r io r to working in the departm ent to which he is reca lled . . . .
Section 9.
Reduction o f w ork f o r c e .
When it b e co m e s n e ce ssa ry to reduce the num ber of em ployees in a depart
m ent (except as outlined in a rticle II, section 17), they shall be elim inated in
66
the follow ing o r d e r , provided that in all ca ses h ereinafter re fe rre d to in this s e c
tion, the em ployee retained can do the w ork.
F irst:
F rom the probationary em ployees in the department.
Second: Men tem p ora rily in the departm ent on a jo b by action of section 8 -B ,
a r tic le II who have not earned departm ental sen iority.
Third:
F rom the rem aining em ployees in the departm ent who have le s s than
6 con secu tive months em ploym ent in the departm ent in the o rd er of
plant sen iority.
E m ployees retained in this category have no bum p
ing rights, but w ill be placed on residual jo b s .
Fourth: F rom the rem aining em ployees in the departm ent who have 6 months
o r m o re departm ental sen iority, and le s s than 1 year plant sen iority,
in the o rd e r of their departm ental sen iority.
Fifth:
F rom the rem aining em ployees in the departm ent according to their
departm ental sen iority.
P robation ary em ployees laid o ff may be relea sed by the Hourly P erson n el De
partm ent.
E m ployees laid off with le ss than 1 year plant sen iority, shall be offered open
jo b s in other departm ents which they are capable of doing, if any such jo b s are
available.
If no open jo b s a re available, the com pany w ill endeavor to provide
em ploym ent to these em ployees by releasing em ployees from b a sic m inimum
rated jo b s , provided the em ployee retained has at lea st 6 months m ore plant s e
n iority, than the em ployee displaced.
E m ployees laid off in o rd e r o f sen iority with 1 yea r or m o re , and le s s than
3 y ea rs o f plant sen iority, shall be o ffered open job s in other departm ents which
they are capable o f doing if any such jo b s are available.
If no such jo b s are
available, they m ay e x e r cis e bumping p riv ileg es based on their plant sen iority,
as outlined in section 11 o f this a rticle .
If during a reduction of em ployees in a departm ent an em ployee is laid off out
o f o rd e r o f sen iority, becau se he has refused to e x e r cis e his bumping rights to
rem ain in the departm ent, he w ill fo r fe it departm ent sen iority rights in that d e
partm ent as w ell as his plant bumping rights.
Section 10.
Departm ental bumping
A.
When an em ployee with departm ental sen iority is disp laced from his jo b ,
either by a bump by an em ployee with departm ental sen iority, o r by a reduction
in the num ber o f em ployees in his cla ssifica tion o r departm ent, he may e x e rcise
his departm ental sen iority by bumping, without undue delay, into another c la s s i
fica tion on the b a sis o f departm ental seniority and ability to do the work. Super
vision and stew ards m ay a g ree that there are certain jo b s within present jo b
cla ssifica tio n s , which should be treated as separate cla ssifica tio n s , fo r the pu r
pose of adm inistering this section .
Any rearrangem ent of the em ployees within
the cla ssifica tio n m ay be done through mutual agreem ent. . . .
In any and a ll ca se s of bumping within a departm ent, it is understood that 8
hours o f " o n -t h e -jo b " training shall be provided w here n ecessa ry .
"O n -th e -jo b "
training shall be understood to include instruction tim e, as w ell as the tim e spent
com pleting the jo b , o r that portion of a jo b fo r which training is n e ce ssa ry .
It
is mutually understood that the full 8-h ou r training tim e cannot be accom plish ed
in one shift.
The 8 -h ou r training tim e r e fe rre d to in the second paragraph in this section,
m ay be extended to 16 hours if the em ployee has p rev iou sly held the jo b , and the
jo b has so changed as to make the additional training n e ce ssa ry .
Should the em ployee who bumped fail to do the work of the cla ssifica tion into
which he bum ped, he w ill be placed on a job that supervision and stewards agree
that he can do without training in o rd er to m inim ize cost due to m ultiple bumping,
and the em ployee who was bumped shall be returned to his origin al job .
This
placem ent m ay entail an additional bump.
B.
E m ployees engaged in, o r who have com pleted a d ep a rtm en ts training
progra m approved by the two bargaining com m ittees, who are in the department
w here such training is provided, and holding a cla ssifica tio n designating having
had such training, can only be bumped by:
67
1. E m ployees passing such training p rog ra m tests as have already been
passed by the em ployee being bumped, o r
2. E m ployees having serv ed in, and qualifying fo r, the cla ssifica tio n toward
which the training p ro g ra m taken by the em ployee being bumped is directed .
Section 11.
Plant bumping
E m ployees with 1 year o r m ore o f plant seniority, who are not able to return
to w ork under section 9 and (o r) section 10 o f this a rticle , m ay e x e r cis e their
bumping p riv ileg e im m ediately, but do not fo rfe it the p riv ileg e fo r a p eriod of
3 y ea rs fr o m date o f la yoff.
E m ployees who have, at tim e o f layoff, 2 y ea rs or
m ore sen iority, shall accum ulate sen iority during p eriod s o f la y o ff fo r further
bumping p r iv ile g e s.
In all ca ses r e fe r r e d to below , as outlined in (A) through (E), when em ployees
bump, they should bump a jo b which a ssu res that they can do the jo b within the
allotted tim e. They should ch oose job s com parable to the one that they re lin
quished, or one fo r which they are qualified by reason o f previou s ex p erien ce.
They m ay bump a jo b on which the training tim e does not ex ceed the fo llo w
ing schedule: F o r a jo b bearing the base labor rate, up to 3 days; and fo r jo b s
at s u c c e s s iv e ly higher rate steps, up to 1 additional day fo r each such rate step
through grade 6, and up to 2 additional days fo r each such rate step above grade 6.
E m ployees m ay bump other em ployees as follow s:
A . E m ployees who have at tim e o f layoff, 1 y ea r o r m ore, and le s s than
2 y e a rs o f plant sen iority, m ay bump a probationary em ployee.
When there
are no jo b s available in this group, they m ay bump an em ployee with le s s
than 6 months plant sen iority,
B. E m ployees with 2 y ea rs o r m ore, and le ss than 8 y ears plant seniority,
m ay bump a probation ary em ployee.
When there are no jo b s available in this
group, they m ay bump an em ployee with le s s than 1 yea r plant sen iority.
C. E m ployees with 8 y ea rs o r m ore plant sen iority, m ay bump an em ployee
with le s s than 18 months, plant sen iority.
D. E m ployees with 15 y ea rs o r m ore o f plant sen iority, m ay bump the em
ployee in the plant with the low est plant sen iority holding a jo b com parable to their
highest p re v io u sly attained rate and cla ssifica tion . . . . The em ployee bump
ing m ust have grea ter plant sen iority than the em ployee bumped.
Subsequent
bumps within the departm ent under this p rov ision , shall be made on the basis
o f departm ental sen iority, except that the em ployees who origin ally bump into
the departm ent, shall not, fo r a p eriod of 6 months, be disp laced fro m their
jo b by the rearran gem en t of jo b s caused by the initial bump, nor any sub
sequent bumps under the p rov ision s o f this paragraph (section 11-D).
An em ployee with 15 y ea rs o r m ore plant sen iority who bumps under a rticle II,
section 11-D, shall fo r a 3 year p eriod fro m the date he enters the department
have the option to return to H ourly P erson n el and e x e r cis e plant bumping rights
provided he is rem oved fr o m the jo b by a bump or jo b elim ination and is r e
quired to a ccep t a jo b paying m ore than two rates steps low er in o rd e r to stay
in the departm ent.
If he e x e r c is e s this option, he w ill fo r fe it sen iority rights
in that departm ent.
If the em ployee se le cts to bump down in the departm ent beyond the two rate steps,
he then relinquishes this right to return to H ourly P erson n el.
E. If p rov ision s o f A, B, C, o r D above do not a fford the em ployee a job ,
he shall then be entitled to bump the em ployee in the entire plant with the low est
plant sen iority at work he can do.
In such ca se, the em ployee retained m ust
have g rea ter plant sen iority than the em ployee bumped.
An em ployee who is bumped under prov ision s A, B, C, o r E of this section
shall be relea sed to the H ourly P erson n el Department, unless there wonld be an
em ployee retained in the departm ent who has le s s plant seniority, and whose jo b
he can do.
E xcept as d e scrib e d in (D) above, subsequent bumps within a depart
m ent caused b y an initial bump on the basis o f plant sen iority, shall a lso be on
the basis o f plant sen iority.
68
F . Upon agreem ent with the union bargaining com m ittee, the Hourly P erson n el
D epartm ent m ay tem p ora rily stop further bumping into a p articu lar departm ent,
o r into a pa rticu la r jo b o r jo b s .
This tem porary cessa tion of bumping w ill
only be re so rte d to in those ca se s in which there has been e x ce ssiv e bumping,
and it b e co m e s n e ce ssa ry to provide adequate training tim e to p erm it continu
ation o f the w ork.
G. E m ployees engaged in, o r who have com pleted a d ep a rtm en ts training
p rogra m approved by the two bargaining com m ittees, who are in the depart
m ent w here such training is provided, and holding a cla ssifica tion designating
having had such training, can only be bumped by:
1. E m ployees passing such training program tests as have already been
p a ssed by the em ployee being bumped or
2. E m ployees having serv ed in, and qualifying fo r , the cla ssifica tio n to
w ard which the training p rogra m taken by the em ployee being bumped is
directed .
Section 12.
Plant re c a ll rights
E m ployees laid o ff in o rd e r o f sen iority, shall be notified by the H ourly P e r
sonnel Departm ent in o rd e r o f plant sen iority, ability to fu lfill the duties of the
jo b , and qualifications under essen tial aptitude tests, of any opening in the plant
which has not been fille d either by the p rov ision s of section 13, a rticle II, o r by
r e c a ll on the basis o f departm ental sen iority.
E m ployees so notified should im
m ediately make known their d e cisio n , and failu re to rep ort fo r work within 5 days
shall be con sid ered a refu sal of the opening.
When such em ployees with plant sen iority are offered an open jo b (other than
tem p ora ry ), they m ay refu se to a ccept the open jo b , but they w ill fo rfe it their
right to further notification, with the exception of a re ca ll to a departm ent in
which they hold departm ent sen iority on the basis of departm ental sen iority. How
e v e r, they m ay retain their plant sen iority fo r 3 years from date of layoff to s e
cu re a jo b .
If an em ployee refu ses any jo b o f 90 days o r m ore duration in his old depart
m ent, while he is laid o ff and not at work in the plant, he shall fo r fe it all s e
n iority rights. . . .
Section 16.
Shut down and r e c a ll
During the actual starting up o r shutting down of a departm ent, the em ployees
therein shall be re ca lle d o r re le a se d accordin g to the sequence of operation,
rather than follow the p rin cip le as outlined in section 1 of this a rticle .
H ow ever,
r e c a lls within a cla ssifica tio n shall con form to section 1 of this a rticle in sofar as
p ra ctica b le .
The available w ork in the departm ent during the shutdown shall be distributed
as equally as p o ssib le among the em ployees em ployed therein.
Section 17.
T em pora ry shutdown
During a tem pora ry shutdown, including a partial shutdown of 45 days duration
o r le s s , the em ployees whose jo b s are not operating may be:
F ir s t:
Used on other w ork n orm ally p erform ed by that departm ent, or
Second: If there is no w ork available in their departm ent, they m ay be loaned
to other departm ents which have w ork available, subject to p rov ision s
listed as fo llo w s:
When em ployees who would be otherw ise sent hom e are loaned to
another departm ent having a re ca ll list, the com pany w ill, should the
p eriod o f loan exceed 4 working days, adjust the layoff date of a like
num ber of highest sen iority em ployees to the date of such loan.
In those ca se s that involve the loaning of em ployees under these
p ro v isio n s, su p ervision w ill give a com plete explanation to the ste
w ards of both departm ents.
Any u n resolved p roblem s arising from such
loans shall be re fe rre d to the bargaining com m ittees, o r
69
T hird:
If there is no work available, they m ay be sent hom e.
During these p eriod s, the em ployees affected cannot e x e r cis e either depart
ment o r plant bumping, u n less the shutdown causes the em ployee to lo se 15 w ork
ing days while in any one departm ent during the term o f this agreem ent,, after
which he m ay e x e r cis e either departm ent o r plant bumping rights, w hichever is
applicable.
H ow ever, if w ork is available and offered , no cred it w ill be allowed
toward the accum ulation o f the 15 days.
Section 18.
L oss o f sen iority
Unless stated oth erw ise, an em ployee shall lose both his plant and depart
m ental sen iority if . . .
C. He has been laid o ff fo r a period of 3 y ea rs.
D. He refu ses any job of 90 days or m ore duration in his old department
while he is laid off and not at w ork in the plant.
E. He fa ils , after being reca lled on the basis of departm ental sen iority, to
report fo r w ork within 5 con secu tive working days after the date stated in his
notification to report fo r w ork, and during such p eriod fails to notify Hourly
P erson n el as to the reason fo r such absence, o r if upon giving such notice,
the em ployee does not have an acceptable reason fo r such absence.
An em ployee unable to return to work due to a physical disability at the tim e he is
reca lled , w ill be granted additional time to return subject to section 26 of this a rticle.
Section 19.
P rotection of sen iority
To p rotect his sen iority, it is the em p loy ee's resp on sibility to keep the company
inform ed by reg istered m ail of his p rop er m ailing a d d ress, o r report sam e in person
to the Hourly P erson n el Departm ent, his department head, or the Pay Department,
and to receiv e a receipt.
Section 20.
Seniority disputes
Any dispute arisin g ov e r the question of seniority between an em ployee and the
com pany shall be taken up through regular grievance p roced u re h ereinafter provided.
Section 21.
Union com m itteem en and stewards
A. A ll m em b ers of the c o lle ctiv e bargaining com m ittee shall e x e r cis e the
highest sen iority in the plant, and all ch ief stew ards and stewards shall e x e r
c is e the highest sen iority in their resp ectiv e departm ents, subject to section 1
of this a r tic le .
Such preferen tia l seniority, how ever, can not be used fo r p r o
m otional con sideration provided fo r in sections 13 and 14 o f this a rticle, nor can
such sen iority be used to r e s is t dem otion within his departm ent but this p r e f
eren tial sen iority can be u sed to hold a job in his department as long as there
is work he can do.
C ollectiv e bargaining com m ittee m em b ers, ch ief stewards
and stew ards, shall e x e r cis e their resp ectiv e sen iority only during the time they
hold such o ffice s in the union, at the expiration of which they shall be returned
to their resp ectiv e departm ents, at work which they can do in line with their full
accum ulated departm ental sen iority.
If, at the expiration o f the em p loy ee's ste
wardship, he is still holding a job out o f line of sen iority due to preferen tial ste
w ard sen iority, n e c e ssa ry rearrangem ents, including re ca lls , w ill be made in the
departm ent to return a ll em ployees with departm ental sen iority to the status they
would have had if preferen tia l stew ard 's seniority had not been p rev iou sly
e x e r cis e d .
B. The union a g rees that its record in g se cre ta ry w ill provide the m anager of
la b or relations of the Midland D ivision with an up-to-date lis t of stew ards, ch ief
stew ards, and m em b ers o f the co lle ctiv e bargaining com m ittee, and keep him in
form ed in w riting at all tim es o f any changes therein. . . .
Section 23.
L ayoff notice
The com pany w ill, if p o ssib le , give at lea st 48 hours notice p r io r to the
la yoff o f em ployees fo r lack of w ork.
70
Section 24.
Reduced workweek
F o r an extended p eriod o f reduced em ploym ent, em ployees with le ss than
1 year plant sen iority w ill be laid off, and th ereafter, the workweek fo r a
p e rio d o f 6 months m ay be reduced to not le ss than 32 hours.
B efo re instituting this p ro v isio n , agreem ent m ust be reached by the b a r
gaining com m ittees. . • •
(11)
M iscellan eou s . . .
Section 8.
Job secu rity and productivity im provem ent
It is recogn ized that problem s brought about by automation and im provem ents
o f a ll sorts a re expected to grow in number and acuteness in the years ahead.
In recogn ition of these impending p rob lem s, the com pany issued a statement
o f intent in the area o f ‘job secu rity and productivity im provem ent.
The mutual
benefits o f this statement shall be secu red to both parties to this agreem ent fo r
the duration o f this agreem ent.
71
A p p e n d ix B . Id e n tific a tio n o f C la u s e s
E m ployer and union
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
Union C arbide C orp. , C hem icals and P la stics,
T exas City, T exas Plant.
Texas City, T ex a s.
M etal T rades C ouncil.
M cQ uay-N orris Manufacturing Co. and A m erican
A utom otive P rodu cts Co.
Auto W ork ers (UAW) (Ind. ).
P h ilco -F o rd C o r p ., Philadelphia, Pa.
E le c tr ic a l, International (IUE).
B u cyru s-E rie Co.
Steelw orkers (USA).
G eneral Dynam ics C o r p ., E le c tr ic Boat D ivision.
M arine D raftsm en 's A ssocia tion (Ind.).
P . L o rilla rd C o . , G reen sboro, N. C.
T o b a cco (TWIU).
Cincinnati and Suburban B ell Telephone Co.
Com m unications (CW A).
G rinnell C orp.
M olders (IMAW).
C a rrie r C o r p ., Syracuse, N. Y.
Sheet M etal (SMW).
Olin M athieson C hem ical C o r p ., Saltville, Va. W orks.
D istrict 50, A llied and T echnical (In d .).
Tappan Co. , Tappan D ivision.
Independent Stove W orkers (In d .).
G eneral M otors C orp.
Auto W ork ers (UAW) (In d .).
F ie ld c r e s t M ills, Inc.
T extile (TWUA).
K ennecott Copper Corp. , Chase B rass and Copper
C o., Inc., M etals W orks.
Auto W ork ers (UAW) (In d .).
New J e r se y B ell Telephone C o ., T ra ffic Departm ent.
Com m unications (CW A).
A m erica n Standard, I n c . , W estinghouse A ir Brake C o .,
A ir Brake D ivision.
E le c tr ic a l, International (IUE).
FMC C orp. , A m erica n V is c o s e D ivision.
T extile (TWUA).
E .I . Du Pont De N em ours and C o ., Cham bers W orks.
C hem ical W orkers A ssocia tion , Inc. (In d .).
Square D C o . , Industrial C ontrol D ivision.
E le c tr ic a l, B rotherhood (IBEW).
Carnation Co.
T ea m sters (IBT) (In d .).
L os A ngeles Coat and Suit M anufacturers A ssocia tion .
Garm ent, L adies' (ILGWU).
I /A M assachusetts Shoe Manufacturing Com panies.
Shoe (USW).
Tanners A sso cia tio n o f Fulton County, Inc.
Clothing (ACW A).
73
E xpiration
date
June 1971
August 1971
A p ril 1973
August 1973
June 1973
F ebruary 1971
A pril 1971
O ctober 1972
O ctober 1971
January 1971
F ebruary 1974
Septem ber 1973
June 1971
July 1971
A p ril 1971
O ctober 1972
June 1971
January 1972
June 1973
D ecem ber 1971
May 1973
January 1971
D ecem ber 1972
E m p lo y e r an d u n io n
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
Luggage and Leather Goods M anufacturers A ssociation .
Leather (LWU).
National A sso cia tio n of Blouse M anufacturers, Inc. ,
New Y ork.
Garm ent, L a d ies' (ILGWU).
National Shirt and Sportsw ear A ssociation , Inc.
Garm ent, L ad ies' (ILGWU).
Needle T ra des E m ployers A ssociation , F all R iv er,
Mass#
.
Garm ent L a d ies' (ILGWU).
Building Maintenance E m ployers A ssociation , New Y ork.
S erv ice (SEIU).
P le a te rs, Stitchers and E m b roid erers A ssocia tion , Inc.
Garm ent, L a d ies' (ILGWU).
G lass Container M anufacturers Institute, M oldm akers
Departm ent.
G lass, Flint (AFGW ).
I /A G lass, Glazing and M irro r C ontractors o f L os
Angeles and V icinity.
Painters (P A T ).
New Y ork E m ploying P rin ters A ssociation , P rin ters
League Section.
Printing P re ssm e n (IP P A ).
C aliforn ia M etal T rades A ssociation , San F ra n cisco
A rea.
M achinists (IAM).
C aliforn ia M etal T rades A ssocia tion , Foundry D ivision.
M olders (IMAW).
P h oto-E n g ra vers B oard o f T rade o f New Y ork, I n c .,
L ithographers (LPIU).
Lum ber M ill E m ployers A ssocia tion , N orthern
C aliforn ia.
T ea m sters (IBT) (In d .)
Kennecott C opper C o r p ., Utah Copper D ivision,
Bingham Canyon.
Steelw orkers (USA).
Browne and Sharpe Manufacturing Co.
M achinists (IAM).
C T S C orp.
Auto W ork ers (UAW) (in d .).
National T w ist D rill & T o o l Co.
Auto W ork ers (UAW) (In d .).
X e r o x C orp.
Clothing (ACWA).
John H. Sw isher & Son, Inc.
C igar (CMIU).
New Y ork Coat and Suit A ssociation , Inc. •
Garm ent, L a d ies1 (ILGWU).
New England A pparel M anufacturers A ssociation .
Garm ent, L a d ies1 (ILGWU).
Cincinnati Gas and E le c tr ic Co.
Independent U tilities Union (In d .).
W iscon sin P ow er and Light Co.
E le c tr ic a l, B rotherhood (IBEW).
Monsanto C h em ical C o . ,
T exas City, T exas.
M etal T rades C ouncil.
74
E m p lo y e r an d u n io n
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
M ichigan C onsolidated Gas Co.
S erv ice (SEIU).
G ibson P rodu cts C orp.
Auto W ork ers (UAW) (in d .).
National Lead C o . , Titanium D ivision.
O il, C h em ical and A tom ic W orkers (OCAW).
United States P ipe and Foundry Co.
D istrict 50, A llied and T ech n ical (Ind.).
Beaunit C o r p ., Beaunit F ib ers D ivision.
T ex tile, United (UTWA).
U. S. Industries, In c ., USI C learing D ivision.
M achinists (IAM).
T r ic o P rodu cts C orp.
T r ic o W orkers Union (In d .).
M assachusetts Institute o f Technology
R e se a rch , Developm ent and T echnical E m ployees
Union (In d .).
Bethlehem Steel Co.
Steelw ork ers (USA).
M ontgom ery W ard C o . , I n c ., C hicago Catalog House.
T ea m sters (IBT) (In d.).
A rrow -H a rt and Hegeman E le c tr ic Co.
E le c tr ic a l, B rotherhood (IBEW).
I /A P ictu re F ram e Manufacturing Com panies, C hicago.
U ph olsterers (UIU).
W estern F a rm e rs A ssocia tion .
Meat Cutters (MCBW).
G eneral M ills, Inc.
Grain M ille rs (AFGM ).
National L ock Co.
Auto W ork ers (UAW) (In d.).
Milwaukee and Suburban T ransport C orp.
T ran sit (ATU).
H arley-D avidson M otor C o . , Inc.
A llied Industrial (AIW).
Panhandle E astern Pipe Line Co.
O il, C h em ical and A tom ic W orkers (OCAW).
W holesale G r o c e r s A ssocia tion of C hicago.
T ea m sters (IBT) (In d.).
U pholstered Furniture M anufacturers A ssocia tion
o f C aliforn ia.
U ph olsterers (UIU).
Sperry Rand C o r p ., Louisiana A rm y Am munition
Plant.
M achinists (IAM).
P lu m bers (P P F ).
P ip er A ir cr a ft C orp.
M achinists (IAM).
Standard Brands, I n c ., Planters Peanuts D ivision.
R etail C lerks (RCIA).
L e a r -S ie g le r , I n c ., Instrum ent D ivision.
Auto W ork ers (UAW) (Ind.).
M ontgom ery W ard and C o ., I n c ., M etropolitan
D istrict D epartm ents, F o rt Worth, Texas
T ea m sters (IBT) (In d .).
K a iser Aluminum and C h em ical C o r p ., Chalm ette,
Louisiana.
D istrict 50, A llied and T echnical (In d .).
76
E m p lo y e r an d u n io n
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
FMC C orp. , L in k -B elt D ivision.
Steelw orkers (USA).
H ercu les Engines, Inc.
Auto W ork ers (UAW) (In d .).
G eneral T ire and Rubber C o . , Industrial P roducts Div.
Rubber (URW).
A cm e B oot C o . , Inc.
Rubber (URW).
M artin -M arietta C orp.
Auto W ork ers (UAW) (In d.).
A llen B radley Co.
E le c tr ic a l, International (IUE).
F ed era l D epartm ent Stores, Davidson B r o s . , Inc.
Clothing (ACWA).
Youngstown H ospital A ssocia tion .
S erv ice (SEIU).
Buffalo F org e Co.
S teelw orkers (USA).
GAF C o r p ., D yestuff and C hem ical D ivision.
D istille ry (DRWW).
Indiana B ell Telephone C o . , Plant Departm ent.
C om m unications (CWA).
M innesota Mining and M anufacturing Co.
O il, C h em ical and A tom ic W orkers (OCAW).
G eneral Telephone C o. o f M ichigan, T ra ffic Dept.
E le c tr ic a l, B rotherhood (IBEW).
F ir s t National Stores, I n c ., S om erv ille, M ass.
T ea m sters (IBT) (in d .).
I /A N orthern New England G eneral F reight Supplement.
T ea m sters (IBT) (In d .).
F a irch ild H iller C o r p ., F arm ingdale, N. Y.
M achinists (IAM).
G eneral D ynam ics C orp. , Pom ona, C alif. D ivision.
M achinists (IAM).
W heeling Steel C orp.
S teelw orkers (USA).
Packing and Sausage M anufacturers A ssocia tion of
C hicago.
Meat Cutters (MCBW).
C u rtiss-W rig h t C o r p ., W ood-R idge, N .J . F a cility .
Auto W ork ers (UAW) (In d .).
B o rg -W a rn er C o r p ., W arner Gear D ivision.
Auto W ork ers (UAW) (In d.).
W est Bend C o ., W est Bend D ivision.
A llied Industrial (AIW).
AMBAC Industries, I n c ., A m erican B osch D ivision s.
E le c tr ic a l, International (IUE).
New England Telephone and T elegraph C o.., T ra ffic Dept.
New England F ederation o f Telephone T ra ffic
W ork ers (In d.).
A vco C orp. , L ycom ing D ivision, W illiam sport, Pa.
Plant.
Auto W ork ers (UAW) (In d.).
P h ilc o -F o r d C o r p ., A eronutronic D ivision.
Auto W orkers (UAW) (In d .).
E. I. Du Pont De N em ours and C o . , Spruance
F ilm Plant.
Transparent F ilm W ork ers, Inc. (In d .).
76
E m ployer and union
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
K elsey-H a yes C o . , Jackson, M ich.
A llied Industrial (AIW).
National D istille rs and C hem ical C orp. , B ridgeport
B ra ss D ivision.
Steelw orkers (USA).
N orthw estern Steel and W ire Co.
Steelw orkers (USA).
National Union E le c tr ic C o r p ., Eureka W illiam s Div.
M achinists (IAM).
Anaconda A m erican B ra ss C o ., W aterbury, Conn.
Auto W ork ers (UAW) (In d.).
G eneral D ynam ics C o r p ., Convair D ivision, C alif,
and F la.
M achinists (IAM).
R ex Chainbelt, I n c ., Milwaukee County Plant.
Steelw orkers (USA).
W oodward Iron C o . , Lynchburg Foundry D ivision.
Steelw orkers (USA).
C o m m e rcia l Shearing and Stamping Co.
Steelw orkers (USA).
A ldens, Inc.
T ea m sters (IBT) (In d .).
E ast Ohio Gas Co.
S erv ice (SEIU).
ITT W orld Com m unications, Inc.
C om m unications (CWA).
N arragansett E le c tr ic Co.
Utility W orkers of New England (UWNE) (In d .).
Humble O il and Refining C o. and Enjay C hem ical Co.
Gulf C oast Industrial W orkers (Ind.).
G reater Cincinnati M ilk and Ice C ream D ealers A ssn.
D irectly A ffiliated L o ca l Union A F L -C IO .
B oston Gas C o.
D istrict 50, A llied and T echnical (In d .).
C hildren1 s D re ss C on tractors A ssociation .
Garm ent, L a d ies1 (ILGWU).
New Y ork T im es Co.
Newspaper (ANG).
New Y ork State E le c tr ic and Gas C orp.
E le c tr ic a l, B rotherhood (IBEW).
St. R egis P aper C o . , F o re st P roducts D ivision.
C arpenters (CJA).
T aylor F org e Co.
F org e and M achine Industrial Union (In d .).
P u b lish e rs1 A ssocia tion o f New Y ork City
N ewspaper and M ail D e liv erers (NMD) (Ind.).
I /A Joint A rea Cartage A greem ent, Chicago A rea.
T ea m sters (IBT) (Ind. )•
Kennecott Copper C o r p ., Utah C opper D ivision,
Arthur & Magma.
Steelw orkers (USA).
I /A G ro ce ry and D elica tessen O perators, San
F r a n c isc o County.
R etail C lerks (RCIA).
Graphic A rts A ssocia tion o f M ichigan, Inc.
B ookbinders (IBB).
77
Clause
number
127
128
129
130
131
132
133
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
i ri i
E xpiration
E m ployer and union
B ell A erosp a ce C o r p . , B ell H elicop ter C o. Division*
Auto W ork ers (UAW) (In d . ).
C F & I Steel C o r p ., John A. Roebling* s Sons Co. Div.
S teelw orkers (USA).
Pneumo D ynam ics C o r p . , C leveland Pneum atic Co.
A e ro l A ir cr a ft E m ployees1 A ssocia tion (In d . ).
McEouth Steel C orp.
S teelw orkers (USA).
New England Telephone and Telegraph C o . , Plant
and E ngineering Departm ents.
International B rotherhood of Telephone W orkers (Ind.).
W estern E le c tr ic Co. I n c . , Installation Organization.
C om m unications (CWA).
Washington M etal T ra des, In c ., Seattle
B oilerm a k ers (BBF).
W estern Union T elegraph Co.
T elegra p h ers (UTW).
I /A D etroit B arbersh op s.
B a rb ers (BHC).
I /A Twin City C om m ercia l P rin ters, M inneapolis—
St. Paul.
B ookbinders (IBB).
K im b e rly -C la rk C o r p . , N iagara F alls M ill.
D istrict 50, A llied and T ech n ical (In d . ).
A m erican G reetings C orp.
International A ssocia tion of Greeting Card
W orkers (In d.).
M onterey Peninsula A ssocia tion , M onterey, C alif.
H otel (HREU).
C olum bia B roadcasting System , Inc.
E le c tr ic a l, B rotherhood (IBEW).
Erw in M ills, I n c . , Durham, N. C.
T extile, United (UTWA).
H am m erm ill Paper C o . , E rie D ivision.
P aperm a kers (U PP).
H otel A sso cia tio n of New Y ork City, Inc.
New Y ork H otel and M otel T rades Council.
M cD onnell Douglas C o r p . , Douglas A ircra ft C o. and
M cD onnell Douglas A stronautics C o . , W estern
D ivision.
M achinists (IAM).
National Blank Book Co.
B ookbinders (IBB).
Buckeye International, I n c . , Buckeye Steel Castings
D ivision.
Steelw orkers (USA).
Seattle Restaurant A ssocia tion .
H otel (HREU).
I /A C entral States A rea, O v er-th e-R oa d M otor
F reight Supplement.
T ea m sters (IBT) (In d.).
I /A M arkets, F ood H andlers D ivision, M inneapolis,
Minn.
Meat Cutters (MCBW).
I Ob \p.golv u Markets A rbitration A ssocia tion .
Te<-i ni s ie ;*s ( IBT } (Ind. ) .
.Shell Oil C o ., Wood R iver, III., R efinery.
Seven AFJL-CIO and Independent Unions
78
date
July 1972
July 1971
May 1973
August 1971
August 1971
A p ril 1971
M arch 1971
May 1971
August 1971
Septem ber 1971
June 1971
M arch 1973
July 1971
Septembe r 1972
May 1972
June 1972
May 1973
Septem ber 1971
F ebruary 1971
F ebruary 1972
May 1972
June 1973
F ebruary 1971
January 1971
D ecem ber 1972
E m ployer and union
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
Crown C ork and Seal Co.
Steelw orkers (USA).
C F & I Steel C o r p ., C o lo ., M a s s ., C alif.
Steelw orkers (USA).
G reen Shoe Manufacturing Co.
B oot and Shoe (BSW).
Johns-M anville P rodu cts C o r p ., Waukegan,
111. Plant.
C hem ical (ICW).
T ecum seh P roducts C o . , M arion, Ohio D ivision.
Auto W orkers (UAW) (In d .).
Am algam ated Sugar Co.
Grain M illers (AFGM ).
Simmons Co.
U ph olsterers (UIU).
Stew art-W arner C orp.
E le c tr ic a l, Brotherhood (IBEW).
D el Monte C o r p ., M idwest D ivision.
R etail, W holesale and Department Store
Union (RWDSU).
G eorgia P a c ific Paper C o ., C rossett, A rk.
P aperm akers (U PP).
Brown and W illiam son T obacco C orp. , L ou isv ille, Ky.
T ob a cco (TWIU).
Atlanta T ransit System, Inc.
T ran sit (ATU).
Northwest Mutual L ife Insurance Co.
A sso cia te d Unions (AUA) (Ind.).
I /A Stevedoring Com panies of Hawaii.
L ongshorem en and W arehousem en (ILWU) (In d .).
I /A Independent M erchants L o ca l Chain and Super
M arkets, St. L ouis, M o ., A rea.
Meat Cutters (MCBW).
Hughes A ir cr a ft C o . , C alifornia
C arpenters (CJA).
Pullm an, Inc. , Pullm an-Standard D ivision.
S teelw orkers (USA).
E. I. Du Pont De N em ours and C o . , Clinton, Iowa.
F ilm Plant.
Transparent F ilm W ork ers, Inc. (In d .).
T ree F ru its L abor R elations C om m ittee, I n c .,
Washington State.
T ea m sters (IBT) (In d.).
Union C arbide C orp. , Nuclear D ivision.
A tom ic T rades and Labor Council.
R ock H ill Printing and Finishing Co.
T extile (TWUA).
A m erica n Can C o . , G reen Bay W is. , M ill.
P aperm akers (U PP).
Pulp (PSPMW).
W estern E le c tr ic C o . , Reading, P a . , Plant.
E le c tr ic a l, B rotherhood (IBEW).
C rou se-H in ds Co.
E le c tr ic a l, B rotherhood (IBEW).
P ublic S ervice Company of C olorado
E le c tr ic a l, B rotherhood (IBEW).
Southern C aliforn ia Lum ber E m ployees Council.
C arpenters (CJA).
79
E m p lo y e r an d u n io n
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
19 6
197
198
199
200
201
202
I/A Cotton Garment and Allied Industries,
Philadelphia, Pa.
Clothing (ACWA).
Hotel Employers Association of San Francisco.
Hotel (HREU).
Bowater Southern Paper Corp.
Pulp (PSPMW).
Papermakers (UPP).
Electrical, Brotherhood (1BEW).
Page Aircraft Maintenance, Inc.
Machinists (IAM).
Potlatch Forests, hie., Potlatch, Idaho
Woodworkers (IWA).
San Diego Gas and Electric Co.
Electrical, Brotherhood (IBEW).
Mountain States Employers Council, Denver
Retail Grocers.
Retail Clerks (RCIA).
Shell Oil C o ., California.
Oil, Chemical and Atomic Workers (OCAW).
Montgomery M ills, Inc.
Textile (TWUA).
Weyenberg Shoe Manufacturing Co.
Boot and Shoe (BSW).
Scott Paper C o ., S.D . Warren Division.
Pulp (PSPMW).
Papermakers (UPP).
Vare C orp ., Valley Mould and Iron Co. Division.
Steelworkers (USA).
Fibreboard Corp.
Association of Western Pulp and Paper (Ind.).
General Telephone Co. of Ohio.
Communications (CWA).
Eaton, Yale and Towne, Inc., Yale Materials
Handling Division.
Machinists (IAM).
GTE Lenkurt Electric C o ., Inc.
Electrical, Brotherhood (IBEW).
Sealed Power Corp.
Auto Workers (UAW) (Ind.).
American St. Gobain Corp.
Glass and Ceramics (UGCW).
Anaconda C o ., Great Falls, Mont.
Steelworkers (USA).
Honeywell C orp ., Minneapolis-St. Paul, Minn.
Teamsters (IBT) (Ind.).
National Steel C o rp ., Great Lakes Steel Division.
Steelworkers (USA).
Armco Steel C orp ., Metal Products Division.
Steelworkers (USA).
Leesona Corp.
Machinists (IAM).
Northwest Paper Co.
Papermakers (UPP).
Pulp (PSPMW).
Firemen (IBFO).
Johns-Manville Products C orp ., Manville and
Finderne, N. J.
Papermakers (UPP).
80
Expiration
date
August 1972
June 1972
July 1973
January 1972
May 1972
February 1971
October 1973
December 1972
December 1972
December 1972
May 1973
July 1971
March 1971
April 1971
August 1971
April 1974
February 1971
April 1972
June 1971
January 1973
July 1971
September 1971
M ay' 1971
June 1971
March 1971
E m p lo y e r an d u n io n
203
204
205
206
207
208
209
210
211
212
213
214
215
216
217
218
219
220
221
222
223
224
225
226
227
228
229
General Foods C orp ., Maxwell House Division.
Meat Cutters (MCBW).
National Acme Co.
Mechanics Educational (MESA).
H .J. Heinz C o ., Pittsburgh, P a ., Factory.
Meat Cutters (MCBW).
Anaconda American Brass C o ., Kenosha Division.
Steelworkers (USA).
Samsonite Corp.
Rubber (URW).
Thiokol Chemical Corp.
Machinists (LAM).
Whirlpool Corp. , St. Paul, Minn. Division.
Teamsters (IBT) (Ind.).
Kirsch Co.
Auto Workers (UAW) (Ind.).
Illinois Power Co.
Electrical, Brotherhood (IBEW).
White Motor Co.
Auto Workers (UAW) (ind.).
Worthington C orp., Compressor and Engine.
Division.
Steelworkers (USA).
Kelly-Springfield Tire C o ., Tyler, Texas Plant.
Rubber (URW).
Giant Food, Inc.
Retail Clerks (RCIA).
McCord Corp.
Machinists (LAM).
Ekco
Teamsters (IBT) (Ind.).
Bendix C o rp ., Kansas City, Mo. Division.
Machinists (IAM).
The Babcock and Wilcox C o ., Power Generating
Division.
Boilermakers (BBF).
Midvale-Heppenstall Co.
Directly Affiliated Local Union, AFL-CIO.
Ravenna Arsenal, Inc.
Steelworkers (USA).
Swift and Co.
Meat Cutters (MCBW).
National Bellas Hess Co.
Office (OPEIU).
Aerojet General Corpk , Electronic Division.
Machinists (LAM).
Detroit Edison Co.
Utility (UWU).
United Super Market Association, Michigan.
Meat Cutters (MCBW).
Central Pennsylvania Motor Carriers Conference,
In c., Over-the-Road and Local Motor Freight
Supplements.
Teamsters (IBT) (Ind.).
Frank G. Shattuck Co.
Hotel (HREU).
General Electric C o ., Ballast Department.
Machinists (IAM).
81
E m p lo y e r an d u n io n
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
246
247
248
249
250
251
252
253
Campbell Soup C o ., Napoleon, Ohio.
Meat Cutters (MCBW).
International Harvester Co.
Auto Workers (UAW) (Ind.).
Chesapeake and Potamac Telephone Co. of West
Virginia.
Communications (CWA).
Illinois Bell Telephone C o ., Commercial, Marketing,
Directory, and Public Relations Departments.
Commercial Telephone Workers1 Union (Ind.).
TRW, In c., Tapco Division.
Aircraft Workers Alliance, Inc. (Ind.).
Dayton Tire and Rubber Co.
Rubber (URW).
Whirlpool C o rp ., St. Joseph, Mo. Division.
Machinists (IAM).
Outboard Marine Corp. , Gale Products Division.
Machinists (IAM).
Alabama Pipe Co. and Anniston Foundry Co.
Molders (IMAW).
Hussman Refrigerator Co.
District 50, Allied and Technical (Ind.).
Merck and C o ., Inc.
Oil, Chemical and Atomic Workers (OCAW).
Whirlpool Corp. , Ft. Smith Division.
Allied Industrial (AIW).
Metropolitan Lithographers* Association.
Lithographers (LPIU).
Western Electric C o ., In c., Buffalo Plant.
Communications (CWA).
FMC C o rp ., San Jose Divisions.
Machinists (IAM).
Olin C o rp ., Energy Systems Division, Indiana
Army Ammunition Plant.
F irem en (IBFO).
Chemical (ICW).
Union Carbide C orp ., Chemicals & Plastics
Operations Division, So. Charleston, W. Va.
Machinists (IAM).
Avco C orp ., Lycoming Division, Stratford, Conn.
Plant.
Auto Workers (UWA) (Ind.).
Maremont C orp ., New England Division.
Textile (TWUA).
Warwick Electronics, Inc.
Electrical, International (IUE).
Sundstrand Corp.
Auto Workers (UAW) (Ind.).
General Dynamics C o rp ., Fort Worth, Texas
Division.
Machinists (IAM).
Avco C o rp ., Aerostructures Division.
Machinists (IAM).
Collins Radio Co.
Electrical, Brotherhood (IBEW).
Lockheed Aircraft Service Co.
Machinists (IAM).
82
E m p lo y e r an d u n io n
255
256
257
258
259
260
261
262
263
264
265
266
267
268
269
270
271
272
273
274
275
276
277
278
279
280
All Steel Equipment C o ., Inc.
Boilermakers (BBF).
Armstrong Cork C o ., Lancaster, P a ., Floor
Plant.
Rubber (URW).
General Dynamics C orp ., Electronic Division.
Rochester Independent Workers (Ind.).
Cerro C o rp ., Copper and Brass Division.
Auto Workers (UAW) (Ind.).
Union Carbide C o rp ., Stellite Works
Steelworkers (USA).
Raybestos Manhattan, In c., Manheim Division.
Textile, United (UTWA).
Jessop Steel Co.
Steelworkers (USA).
Beech Aircraft Co.
Machinists (LAM).
Fruehauf C o rp ., Fruehauf Trailer Division.
Allied Industrial (AIW).
Reserve Mining C o ., Silver Bay Division.
Steelworkers (USA).
Magee Carpet Co.
Textile (TWUA).
A. E. Staley Manufacturing Co.
Allied Industrial (AIW).
Crown Cotton Mills.
Textile (TWUA).
I/A Clay Sewer Pipe Companies, Ohio and
Pennsylvania.
Brick and Clay (UBCW).
First National Stores, In c., Massachusetts.
Meat Cutters (MCBW).
Sperry Rand C orp ., Univac Division.
Electrical, Brotherhood (IBEW).
Montgomery Ward C o ., In c., Albany Catalog House.
Teamsters (IBT) (Ind.).
ACF Industries, Carter Carburetor Division.
Auto Workers (UAW) (Ind.).
Aluminum Co. of America
Aluminum Trades Council of Vancouver
Eaton Yale and Towne, In c., Eaton Saginaw
Division.
Allied Industrial (AIW).
PPG Industries, In c., Glass Division.
Glass and Ceramics (UGCW).
Celanese C o rp ., Celanese Fibers Division.
Textile (TWUA).
United Parcel Service, In c., Northern Calif.
Teamsters (IBT) (Ind.).
St. Regis Paper C o ., Pensacola Paper Mill.
Papermakers (UPP).
Pulp (PSPMW).
Electrical, Brotherhood (IBEW).
Auto Specialities Manufacturing Co.
Auto Workers (UAW) (Ind.).
Prestige Structures, Inc.
Carpenters (CJA).
Plumbers (PPF).
Electrical, Brotherhood (IBEW).
83
Clause
number
281
Employer and union
Copperweld Steel C o ., Steel Bar Division.
Steelworkers (USA).
American Standard, In c., Westinghouse Air
Brake C o ., Signal and Communications Division.
Electrical, United (UE) (Ind.).
California Processors, Inc.
Teamsters (IBT) (Ind.).
Chicago Bakery Employers* Council.
Bakery (BCW).
Kennecott Copper C o rp ., Chase Brass and
Copper C o ., Inc. Cleveland Mill Division.
Machinists (LAM).
National Lead C o ., Titanium Pigment Division.
Painters (PAT).
Mirro Aluminum Co.
Steelworkers (USA).
Frozen Food Employers Association, Northern
Calif.
Teamsters (IBT) (Ind.).
Dana C o rp ., Axle Division.
Allied Industrial (AIW).
Bendix C o rp ., Electrical Components Division.
Machinists (LAM).
Howmet C o rp ., Misco and Reactive Metal
Products Divisions.
Auto Workers (UAW) (Ind.).
E. I. Du Pont De Nemours and C o ., Parlin,
N. J. Plant.
Chemical (ICW).
Melville Shoe C orp., J .F . McElwain Division.
New Hampshire Shoe Workers .Union of
Manchester (Ind.).
Hughes Aircraft C o ., Tucson Division.
Machinists. (IAM).
......
Chesapeake and Potomac Telephone Co.
of Maryland.
Maryland Telephone Union, Inc. (Ind.).
Universal Manufacturing C orp ., Mendenhall, M is s .,
Plant.
Electrical, Brotherhood (IBEW).
Bell Telephone Co. of Pennsylvania, Traffic
Department.
Electrical, Brotherhood (IBEW).
A. G. Spalding and B ro s., Inc.
Boilermakers (BBF).
Bituminous Coal Operators
Mine (UMW) (ind.).
I /A Screen Print and Screen Makers, New York,
New Jersey, Connecticut, Pennsylvania, Massa
chusetts.
Textile (TWUA).
Mason and Hangar - Silas Mason, In c., Iowa Army
Ammunition and Burlington AEC Plants.
Machinists (IAM).
Linton Food Services, Inc.
Hotel (HREU).
282
283
284
285
286
287
288
289
290
291
292
293
294
295
296
297
298
299
300
301
302
NOTE:
Expiration
date
July 1971
October 1972
June 1973
April 1971
September 197 j
March 1972
July 1972
June 1971
January 1971
October 1971
March 1972
August 1972
March 1971
October 1972
May 1971
February 1972
August 1971
August 1972
September 197
October 1972
September 1971
February 1972
All unions are affiliated with the AFL-CIO except those followed by (Ind.).
84
The Bulletin 1425 series on major collective bargaining agreements is available
from the Superintendent of Documents, U .S. Government Printing Office, Washington,
D. C. 20402, or from the BLS regional offices listed on the inside back cover.
Bulletin
number
1425-1
Title
Major Collective Bargaining Agreements:
Grievance Procedures
Price
45 cents
1425-2
Severance Pay and Layoff Benefit Plans
60 cents
1425-3
Supplemental Unemployment Benefit Plains
and Wage-Employment Guarantees
70 cents
1425-4
Deferred Wage Increase and Escalator Clauses
40 cents
1425-5
Management Rights and Union-Management
Cooperation
60 cents
1425-6
Arbitration Procedures
$1 .00
1425-7
Training and Retraining Provisions
50 cents
1425-8
Subcontracting
55 cents
1425-9
Paid Vacation and Holiday Provisions
$ 1 .25
1425-10
Plant Movement, Transfer, and Relocation
Allowances
$1. 25
Seniority in Promotion and Transfer
Provisions
75 cents
Administration of Negotiated Pension,
Health, and Insurance Plans
60 cents
1425-11
1425-12
For a list of other industrial relations studies, write for A Directory of BLS Studies in Industrial Relations. 1960-71.
BUREAU OF LABOR STATISTICS
REGIONAL OFFICES
Region I
1603 JFK Federal Building
Government Center
Boston, Mass. 02203
Phone: 223-6762 (Area Code 617)
Region V
8th Floor, 300 South Wacker Drive
Chicago, III. 60606
Phone: 353-1880 (Area Code 312)
Region II
1515 Broadway
New York, N.Y. 10036
Phone: 971-5405 (Area Code 212)
Region V I
1100 Commerce St., Rm. 6B7
Dallas, Tex. 75202
Phone: 749-3516 (Area Code 214)
Region III
406 Penn Square Building
1317 Filbert St.
Philadelphia, Pa. 19107
Phone: 597-7796 (Area Code 215)
Region V II and V III
Federal Office Building
911 Walnut St., 10th Floor
Kansas City, Mo. 64106
Phone: 374-2481 (Area Code 816)
Region IV
Suite 540
1371 Peachtree St. NE.
Atlanta, Ga. 30309
Phone: 526-5418 (Area Code 404)
Region IX and X
450 Golden Gate Ave.
Box 36017
San Francisco, Calif. 94102
Phone: 556-4678 (Area Code 415)
# »
Regions V II and V III will be serviced by Kansas City.
Regions IX and X will be serviced by San Francisco.
@FedFRASER