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c L ib r a r y
MAJOR
COLLECTIVE
BARGAINING
AGREEMENTS
SEP 2 31969
d o c u m e n t c o l l e c t io n
P L A N T M O V EM EN T ,
T R A N S F E R , AND
R ELO C A TIO N
A LLO W A N C ES
Bulletin No. 1425-10
UNITED STATES DEPARTMENT OF LABOR
mi
July 1969
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BUREAU OF LABOR STATISTICS
M AJO R
C O L L E C T IV E
B A R G A IN IN G
AGREEM ENTS
P LA N T M OVEM EN T,
TR A N S FER , AND
RELOCATION
ALLOW ANCES
Bulletin No. 1425-10
July 1969
UNITED STATES DEPARTMENT OF LABOR
George P. Shultz, Secretary
BUREAU OF LABOR STATISTICS
Geoffrey H . Moore, Commissioner
For sa le b y th e S u p e rin te n d e n t o f D ocum ents, U.S. G o v e rn m e n t Printing O ffic e , W a s h in g to n , D.C. 2 0 4 0 2 - Price $ 1 .2 5
Preface
This bulletin is the tenth in a s e rie s of studies that
are designed to survey the entire scope of the co lle ctiv e
bargaining agreem ent. P reviou s publications in this s e r ie s
are listed on the last page of this bulletin.
This report is con cern ed with m anagem ent’ s and
la b o r ’ s solutions to three im portant co lle ctiv e bargaining
issu es:
The protection afforded em ployees d isp la ced by
plant shutdowns and plant m ovem ents; the rights and op
tions of w o rk e rs in tra n sfers between plants or com panies
that are party to a com m on agreem ent; and the fa ctors
governing payment o f reloca tion allow ances when these
are available to em ployees who tran sfer to another plant.
Like the e a r lie r rep orts in this s e r ie s , this one is
based on an exam ination of n early all m ajor co lle ctiv e
bargaining agreem ents in the United States. The data and
con clu sion s, th e re fo re , do not r e fle ct p ra ctices in sm aller
co lle ctiv e bargaining situations.
A ll of the agreem ents
used are a part of the curren t file m aintained by the
Bureau o f L abor Statistics fo r public and governm ent use
in a ccord a n ce with section 211 o f the Labor-M anagem ent
Relations A ct of 1947.
The cla u ses quoted in this rep ort and identified in
an appendix are not intended as m odel or recom m ended
cla u ses. The cla ssifica tio n and interpretation of clau ses
r e fle ct the understanding o f ou tsid ers, and not n e ce s s a rily
that o f the parties who negotiated them.
This bulletin was prepared in the O ffice o f W ages and
Industrial R elations by m em b ers o f the staff o f the D ivi
sion o f Industrial R elations: W illiam V. Deutermann, Jr. ,
prepared Chapter II, Plant M ovem ent; W alter L. O ’N eal
and F red R. Nagy, Chapter III, Interplant and In te rco m
pany T ra n sfe rs; and Winston L. T ille ry , Chapter IV, R e lo
cation A llow a n ces. H om er R. K em p, Jr. and Ernestine M.
M oore a ssisted in the preparation of this bulletin.
H
i
Contents
Page
Chapter I. In tro d u ctio n ____
Scope of s t u d y ____________
Related studies __________
Chapter II. Plant m ov em en t__________
P r e v a le n c e _________________________
Lim itations on plant m ov em en t____
Management r ig h t s _________________
N otice and participation p rovision s
Union safeguards
W ork ers safeguards
Seniority
Job and incom e p r o t e c t io n _________________________
E n forcem en t o f plant m ovem ent p r o v is io n s ________
20
Chapter III.
22
Inter plant and intercom pany tra n sfers —
4
4
5
5
6
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Inter plant tra n sfer r i g h t s __________________________
D isplacem ent a n d /o r la yoff _____________________
Company c o n v e n ie n c e ___________________________
W o rk e r’ s r e q u e s t------------------------------------------------Plant clo sin g s, con solid a tion s, o r m e r g e r s ___
T ra n sfer of o p e ra tio n s__________________________
Staffing new plants ______________________________
A rrangem ent not sp e cifie d --------------------------------Scope of tran sfer r i g h t s ____________________________
Types o f transfer arrangem ents ___________________
P referen tia l h ir in g ______________________________
Group t r a n s fe r s __________________________________
B id d in g ___________________________________________
T ra n sfer rights not d e fin e d _____________________
Em ployee e lig ib ilit y ________________________________
M inimum se r v ice re q u ire m e n ts_________________
Other qualification f a c t o r s ______ ________________
Duration of tran sfer r i g h t s _________________________
E ffect of refusal to t r a n s fe r ---- -------------------------------Seniority status in new p la n t_______________________
F ull s e n io r ity ____________________________________
V arying s e n io r ity ________________________________
New em ployee s t a t u s ____________________________
M odified s e n i o r i t y _____ _________________________
W ages in new p lan t___________________ —_____________
Continuation o f existing wage r a t e ______________
Continuation of wage rates fo r a lim ited period
Flow back a r r a n g e m e n ts ____________________________
Seniority status upon flo w b a ck __________________
F low back r ig h t s __________________________________
v
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Contents— Continued
Page
Chapter IV.
R eloca tion a llo w a n ce s_________________________________________
A pp licability o f relo ca tio n allow ance p r o v is io n s ________________________
C ircu m stan ces of t r a n s fe r ____________________________________________
Types of tra n sfers excluded fro m payment o f reloca tion b e n e fits ___
D eterm ination of em ployee e lig ib ilit y ____________________________________
M inim um distance r e q u ire m e n ts---------------------------------------------------------Length of s e r v ic e re q u ire m e n ts_______________________________________
F requ en cy o f paym en t---------------------------------------------------------------------------Need o r hardship re q u ire m e n t________________________________________
Computing reloca tion a llo w a n c e s ________________________________________
Paym ent o f e x p e n s e s __________________________________________________
P reven tion o f duplicate pa ym en ts_____________________________________
Treatm ent on term ination o f e m p lo y m e n t_________ ;__________ ________
G eneral regulations governing paym en t__________________________________
R ole o f the u n ion _______ ,_________________________ _________________________
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T ables:
1.
Plant m ovem ent p rov ision s in m a jo r co llectiv e bargaining agreem en ts,
2.
A p p lica b ility of interplant tra n sfer p rov ision s in m a jor co lle ctiv e
bargaining a greem en ts, by industry, 1966— __________________ ______________
67
Interplant tra n sfer rights in m a jor co lle ctiv e bargaining agreem en ts,
by industry, 1966— _____________________________________________________________
67
Sen iority as a fa c to r in interplant tran sfers in m a jo r co lle ctiv e
bargaining agreem en ts, by industry, 1966— ------------------------------------------------67
C om petitive sen iority in the receivin g plant in m a jor co lle ctiv e
bargaining agreem en ts, by industry, 1966— _________________________________
67
Sen iority status upon flow back to the original plant in m a jo r c o lle ctiv e
bargaining a greem en ts, by industry, 1966— _________________________ ________
67
R elocation allow ance prov ision s in m a jo r co lle ctiv e bargaining
a greem en ts, by industry, 1966— ______________________________________________
67
77
Appendixes:
A. Selected plant m ovem ent, tra n sfe r, and reloca tion allow ance p r o v i s i o n s _______
B. Identification o f c l a u s e s -----------------------------------------------------------------------------------------
79
109
3.
4.
5.
6.
7.
vi
72
73
74
75
76
Major Collective Bargaining Agreements
Plant Movement, Transfer, and Relocation Allowances
Chapter I.
Introduction
The c o lle ctiv e bargaining agreem ent has evolved ov er an extended p eriod of tim e
into a cod ifica tion o f virtually ev ery aspect of the labor-m anagem ent relationship. Among
the issu e s that have re ce iv e d the in crea sin g attention of the p arties to co lle ctiv e b a r
gaining agreem ents are the m ovem ent of plants from one location to another, the tran sfer
of w o rk e rs between plants, and the rights and obligations which accom pany these m o v e
m ents. The problem fo r n egotiators has been one of resolv in g a con flict between m anage
ment flexib ility and em ployee secu rity. A com pany m ay need to reloca te plants or operations
to maintain e fficie n cy , or to adjust to changing m arket conditions.
At the sam e tim e,
the affected em ployees are con cern ed with continuity of em ploym ent, incom e, and sen iority
rights.
Plant and w ork er m ovem ent p rov ision s have becom e an integral and som etim es
extensive part of the agreem ent in every industry, except con stru ction . In som e indus
trie s , such as steel, autom obiles, and m eatpacking, the negotiators decided that detailed
rules w ere requ ired to insure equitable treatm ent of personnel in tra n sfers or plant
m ovem en ts. In other in du stries, a b r ie f refe re n ce to the subject signified the parties*
recogn ition of the p rob lem .
C lauses relating to plant and w ork er m ovem ent provide fo r various safeguards for
em ployees and unions in d iv e rse situations.
The p rov ision s m ay lim it the em ployers*
authority to tran sfer w ork ers o r opera tion s; define sen iority rights in new plants; fix
rules governing the selection and num ber of tra n sfe re e s; p rov id e incom e p rotection , r e lo c a
tion allow ances, and alternatives to tra n sfe rs.
Although issu es relating to plant reloca tion and em ployee tran sfer have rece iv e d
in crea sin g attention in recen t y e a rs, con tract p rov ision s governing these arrangem ents
are not all of recen t origin .
In 1936, the ra ilroa d unions and 141 c a r r ie r s entered into
a com pact— the ''W ashington Job P rotection A greem en t"— that was designed to lessen the
im pact o f ra ilroa d con solidation s on w orkers* jo b s . During the d ep ression o f the 1930*s,
consolidation was one m ethod adopted to rehabilitate the ra ilroa d s, but a d irect effect was
the lo ss of jo b s throughout the industry.
P r io r to the agreem ent, little protection was
available to em ployees who lo st their livelih ood because of m e r g e r s .
The agreem ent
m oved in this d irection by providing advance notice of clo sin g s , tran sfer of w ork ers to
new jo b s with incom e protection , separation pay, and reloca tion allow an ces. Today, the
amended agreem ent continues to protect the jo b s of ra ilroa d m en, and has served as an
exam ple to other in du stries w here the p ossib ility of plant shutdown or reloca tion enters
into c o lle c tiv e bargaining.
R eflection s of the Washington Job P rotection A greem ent can be seen in the later
findings of the A rm ou r Autom ation C om m ittee. This tripartite body, com p osed of r e p r e
sentatives fro m the A rm ou r Company and the two prin cip al unions in the m eatpacking
industry, was estab lish ed in 1959 to study the e ffe cts of plant c l o s i n g s .1 As a result of
shifts in the cen ters o f production brought about by m arket changes and a d esire to r e
place ob solete plants with m odern plants located in liv estock producing areas, A rm ou r,
fo r exam ple, perm anently c lo s e d six plants. These plants accounted fo r m ore than 20 p e r
cent of the com pan y's total plant capacity.
The im m ediate e ffect o f these and other
clo su re s throughout the industry was the term ination of 35, 000 jo b s .
1
The two unions, which merged in July 1968, were the United Packinghouse, Food and Allied Workers (AFL-CIO) and the
Amalgamated Meat Cutters and Butcher Workmen of North America (AFL-CIO).
1
2
A fter extensive in qu iries, the com m ittee concluded that the plant closin gs created e x
trem e hardships for the d isp la ced w ork ers who, handicapped by low educational lev els and
nontransfer able sk ills, gen erally rem ained unem ployed. The evidence available to the c o m
m ittee indicated that there was con sid era b le and p ersisten t age, sex, and ra cia l d iscrim in a
tion in hiring in the com m unities w here the plants had been located. A ccord in gly , the c o m
m ittee recom m en ded the developm ent of various jo b -in c o m e secu rity arrangem ents, including
m easu res such as advance n otice of clo su r e , retraining of em ployees with nontransfer able
sk ills, ea rly retirem en t o r voluntary layoff (to ensure that old er w ork ers have an opportunity
to seek new jo b s b e fo re the bulk of the w ork fo r c e is relea sed in the jo b m arket), and r e lo c a
tion allow a n ces. 2
In the sp e cific ca se o f the clo su r e o f A rm ou r’ s Oklahoma City plant in I960, the c o m
m ittees devised an experim en tal interplant tran sfer plan (rep rod u ced in fu ll in appendix A),
w hich re lie d heavily on the e x p erien ces and arrangem ents found in other industries, such as
auto and gla ss m anufacturing. The n e ce ssity to c lo s e ob solete plants which operate at the low
end of the p rofit sca le is not confined to the m eatpacking industry. S everal other industries
(e .g ., b a sic steel, ch em ica l, m achinery) have negotiated interplant tra n sfer arrangem ents
sim ila r to the A rm ou r plan.
Some of the interplant tra n sfer plans have in corp orated various reloca tion allow ances
to induce em ployees to m ove to new plants. Such an allow ance perm its em ployees to tran sfer
who might oth erw ise be unable o r unwilling to m ove becau se o f the expense involved. Although
negotiated p rim a rily as an em ployee protection, a reloca tion benefit p rogram m ay benefit the
com pany a lso. Savings fro m g rea ter e fficie n cy and reduced unem ploym ent com pensation,
separation a llow a n ces, and training expenses m ay m o re than o ffse t the co st o f the prog ram .
In a sense, a relo ca tio n allow ance m ay be con sid ered an investm ent o f the firm , to be r e
co v e re d o v er tim e through the s e r v ice s of the tra n sferred em p loy ees.
E m ployees m ay lo se many y e a rs o f seniority and benefits based on length o f s e r v ice in
addition to their jo b s when a plant is clo se d . In the case of reloca tion , they m ay retain their
jo b s only by follow in g the plant. If the plant m ovem ent is a resu lt o f a m e rg e r, the tra n s
fe rrin g w o rk e rs and the w o rk e rs in the receiv in g plant m ay com e into con flict ov er rankings
on sen iority r o s te r s o r their p rio r rights to certain jo b s . Plant shutdown or re loca tion also
m ay a ffect the union1s capacity to rep resen t the w ork ers as e ffectiv ely as b e fo re o r , indeed,
the union*s su rviva l. S im ila rly, m anagem ent’ s d ecision to c lo s e or m odify an operation in
v olv es con sidera tion s that determ ine the com pany’ s ability to survive and rem ain com petitive.
Thus, the d e cisio n to c lo s e o r relo ca te a plant often has resu lted in confrontation b e
tween m anagem ent and the union in an attempt to re so lv e the con flictin g issu es of m anagem ent
flex ib ility and w ork er secu rity. These disputes often have reach ed the National L abor R e la
tions B oard and the cou rts. The c a se s o f Glidden, Darlington M anufacturing Company, and
oth ers have defined p e rm issib le em p loyer conduct in plant m ovem ent situations. 3
2 These recommendations appeared in the "Progress Report of the Automation Committee" (Armour and Company), June 1961.
3 Zdanok v. Glidden Company. 288 F2d 99 (2d C ir.), cert, denied, 368 US 814 (1961). The Glidden Company closed its
Elmhurst, N .Y ., plant and opened a new plant in Bethlehem, Pa.
Employees laid off from the Elmhurst plant brought suit to retain their jobs, with seniority intact, in the new plant. Although
the lower court rejected the employees* position, the Second Circuit Court of Appeals found in their favor, ruling that seniority
rights were vested and therefore survived the expiration of a collective bargaining agreement. The Glidden decision, variously
praised and condemned in industrial relations and legal journals, was overturned by the Second Circuit Court of Appeals on
June 24, 1968, in the case of Local 1251 UAW v. Robertshaw Controls Company. (See Daily Labor Report. Bureau of National
Affairs, July 10, 1968, pp. D - l —D -3 .)
Textile Workers Union of America v. Darlington Manufacturing Company. 380 US 263 (1965). The Darlington Manufactur
ing Company of Darlington, S. C., closed its plant on November 24, 1956. Acting on charges filed by the union, the National
Labor Relations Board ruled that Darlington, a subsidiary of Deering Milliken, In c., closed in retaliation for the workers having
elected representation by the Textile Workers Union of America 2 months previously.
The Supreme Court stated that ". • . when an employer closes his entire business, even if the liquidation is motivated by
vindictiveness toward the union, such action is not an unfair labor practice." In the case of a discriminatory partial closing,
however, it must be demonstrated that the closing was ". . • motivated by a purpose to chill unionism in any of the remaining
plants of the single employer, and if the employer may reasonably have foreseen that such closing will likely have that a ffect."
The case was remanded to the NLRB which ruled against Deering Milliken. The Board directed the company to place the
Darlington workers on a preferential hiring list, in the event that mill might reopen, and to offer employment at other plants in
the Deering Milliken complex. This decision was upheld by the Fourth Circuit Court of Appeals in June 1968.
For a review of the legal status of plant movement see Harband, Martin E ., "The Duty to Bargain Before Implementing
Business Decisions," California Law Review. October 1966, pp. 1749-1768.
3
In this report, the con cept o f a "plant" as a w ork location was used rather than
the lim iting sense of a building o r com p lex of buildings found in certa in m anufacturing
industries.
Thus, all m ovem ents among different sto re s , o ffic e s , o r m ines w ere co n
sid ered inter plant tra n sfe rs. A lso , fo r purposes o f this study, a plant shutdown has been
defined as a com plete ce ssa tio n o f production by an em ployer in a given fa cility .
Plant
reloca tion is defined as the term ination o f production follow ed by the opening of new o r
expanded fa c ilitie s in the sam e o r another location ; the rem ov a l of m a jor divisions or
operation s fro m one site to another to consolidate op eration s; com pany m e rg e rs with a
subsequent realignm ent o f operation s among the plants of the surviving fir m ; o r expan>sion through the addition of new fa c ilitie s .
A reloca tion allow ance is defined as a pay
ment, either to o r fo r the em ployee, to defray all or part of the expenses o f m oving his
perm anent resid en ce as a resu lt o f an interplant tra n sfer.
Scope o f Study
F o r this bulletin, the Bureau exam ined 1, 823 m a jor co lle ctiv e bargaining a g re e
m ents, each cov erin g 1,000 w ork ers o r m o re , virtually all agreem ents o f this size in
the United States, ex clu siv e o f those in ra ilroa d and airlin e industries and in govern
ment.
These agreem ents applied to approxim ately 7. 3 m illion w ork ers, alm ost half of
the total under co lle c tiv e bargaining agreem ents outside of the excluded in du stries.
Of
those, 4 .2 m illion w o rk e rs co v e re d by 1,048 con tracts w ere in m anufacturing; and the
rem aining 775 a greem en ts, cov erin g approxim ately 3 .2 m illion w ork ers, w ere in non
m anufacturing.
V irtually a ll o f the con tracts studied w ere valid in 1967.
N early all o f
the cla u ses reprod u ced in this bulletin w ere in e ffect in 1967—
68.
C lauses in this re p o rt w ere se le cted fo r quotation to illu strate either the typical
ch a ra cte ristics o f plant m ovem ent, interplant tra n sfer, and reloca tion allow ance p r o v i
sions o r the variety o f w ays in which n egotiators have m od ified these clau ses to m eet
their particu lar needs.
M inor ed itoria l changes w ere made when n e ce ssa ry ! to enhance
cla rity , and irrelev a n t parts w ere om itted where fe a sib le .
The clau ses are num bered,
and the agreem ents fro m which they have been taken are identified in appendix B.
In
appendix A, se v e ra l p ro v isio n s are reprod uced in their entirety to illustrate how the
various parts fit into the w hole.
Related Studies
The plant relo ca tio n and w ork er tran sfer p rov ision s studied in this report r e p r e
sent only one area o f job secu rity cla u ses in the co lle ctiv e bargaining agreem ent. Other
prov ision studies already published by the Bureau which are relevant to jo b secu rity
include those on severa n ce pay and la yoff benefit plans (BLS Bulletin 1425-2), supple
m ental unem ploym ent benefit plans and w age-em ploym ent guarantees (BBS Bulletin 1425-3),
managem ent rights and union-m anagem ent cooperation (BLS Bulletin 1425-5), and training
and retraining p ro v isio n s (BLS Bulletin 1425-7).
Other related top ics, including seniority
and la yoff and r e c a ll p ro v isio n s, w ill appear in future bulletins.
Chapter II.
Plant Movement
P rev a len ce
Of the 1, 823 agreem ents exam ined, 21.5 percen t had clau ses lim iting plant m ovem ent
as defined fo r pu rp oses of this study (table 1).
T hese p rov ision s co v e re d 2. 9 m illion
w ork ers o r slightly m o re than 38 percen t o f the total.
Although m anufacturing industries
accounted fo r th re e -fifth s o f a ll agreem en ts, only 25 p ercen t included plant m ovem ent
p ro v isio n s.
In nonm anufacturing, alm ost 17 percen t of the agreem ents had plant m o v e
ment p ro v isio n s.
Plant m ovem ent p rov ision s w ere found in 20 o r m ore agreem ents in each of seven
in du stries.
Only two of these industries had a significantly higher frequ en cy o f p r o v i
sions than the all in dustries prevalen ce of 21.5 percen t— the apparel industry, w here 43
of 55 agreem ents o r 78. 2 percen t had these p rov ision s, and the transportation industry
which had 49 of 91 agreem ents o r 54 percent.
P ro v is io n s that sp ecify the p rotection s available to em ployees when the location of
an establishm ent has been changed rep resen t a co lle ctiv e bargaining resp on se to changes
that are o c c u r r in g within alm ost all in du stries.
A pparel, fo r exam ple, has been esta b
lishing new fa c ilitie s rather than renovating old plants when instituting new production
m ethods.
Since the new fa c ilitie s are frequently located outside the usual garm ent d is
tricts , the union and w ork ers con sid er th em selves plagued by runaway plants.
To
counteract this m ovem ent, the Ladies* Garm ent W orker*s Union (ILGWU), long a dorninant
fo r c e in p olicin g and stabilizing the industry, has negotiated con tract p rov ision s lim iting
the production area in an e ffo rt to retain its ju risd iction and to p re s e rv e jo b opportuni
ties fo r its m e m b e rs.
In the ca se of trucking, there has been a trend tow ard m e rg e r
into la rg e r fir m s and hence, m o re extensive and efficien t term in als.
The T ea m sters
have negotiated p ro v isio n s safeguarding the status o f w ork ers tra n sferred as resu lt of
con solidation s o f ’existing term in als and the opening of new on es.
In con trast, con tracts
in the apparel industry w ere designed to lim it plant m ovem ent itself.
Nine m a jo r unions accounted fo r o v er tw o-th irds o f the agreem ents having plant
m ovem ent p ro v isio n s.
A pproxim ately o n e -th ird (271) of all m a jor agreem ents negotiated
by the nine unions included plant m ovem ent p rov ision s as com pared to a total prevalence
of o n e -fifth fo r a ll the agreem ents in the study.
These 271 con tracts co v e re d 2 .3 m il
lion w o rk e rs o r 79 percen t o f the 2. 9 m illion w ork ers co v e re d by agreem ents having
plant m ovem ent cla u se s, con sid era b ly m o re than their proportionate representation
(49 percen t) of the w o rk e rs under a ll m a jor agreem ents.
Total studied______
Agreements
Workers (in
thousands)
Agreements having plant
movement limitations
Agreements
Workers (in
thousands)
Total, all u nion s-------------
1,823
7,339. 2
392
2,873.1
Total, nine u n ion s------------------Autoworkers------------------------Clothing workers— -------------- Electrical workers (IBEW)-----Garment workers (ILGWU)-----Machinists —»------------------------Meat cutters------------------------Retail clerks------------------------Steelworkers------------------------Teamsters---------------------------Other----------------------------------------
764
118
19
110
42
89
50
48
120
168
1,059
3,654.9
995.2
165.3
295.8
257.0
285.7
142.8
137.0
587.8
748.4
3,724.3
271
39
12
16
36
16
19
18
42
73
121
2,277.3
738.2
143.3
29.0
242.8
76.0
66.7
64.0
430.7
486.6
595.8
NOTE: Because of rounding, sums of individual items may not equal totals.
4
5
Am ong the nine
out o f 118 agreem ents
those agreem en ts, and
represen ted 73 percen t
unions w ere the A utow orkers, whose 39 plant m ovem ent p rov ision s
(33 percent) represen ted 74 percen t o f the w ork ers co v e re d by
the S teelw ork ers, whose 42 out of 120 agreem ents (35 percent)
o f their co v e re d w orkers':
When the agreem ents w ere divided into groups a ccord in g to size of bargaining unit
the p rop ortion o f agreem ents having plant m ovem ent p rov ision s in crea sed with the size
of the bargaining unit.
In the fir s t two size groups, the p rop ortion o f agreem ents and
w ork ers w ere approxim ately the sam e.
In the la rgest size group, how ever, the p r o
portion o f w ork ers greatly exceeded that of agreem en ts.
Size of bargaining unit
Total. all units
1,000-4,999
workers
5,000-9,999
workers
10,000 workers
and over
Agree
ments
Workers
Agree
ments
Workers
Agree
ments
Workers
Agree
ments
Workers
T o t a l ------------------
100.0
100.0
100.0
100.0
100.0
100.0
100.0
100.0
Includes provisions--------Without provisions ---------
29.7
70.3
45.2
54.8
27.3
72.7
28.6
71.4
39.0
61.0
39.2
60.8
44.9
55.1
62.0
38.0
Agreements
Lim itations on Plant M ovem ent
In the m ain, the purpose of cla u ses lim iting plant m ovem ent is to safeguard the
em ploym ent status o f w o rk e rs co v e re d by the con tract.
H ow ever, there also are p r o v i
sions which p rotect the union* s ju risd ictio n in ca se s w here com panies m erg e, plants r e
locate, o r new additions are built. Six industries, each having ov er 30 clau ses, accounted
fo r th ree-fifth s o f all p ro v isio n s perm itting plant m ovem ent subject to restrictio n s (table 1).
These included the two industries previou sly cited as generally having m a jor
clu ste rs: A pparel, with 43 agreem en ts; and transportation, with 49 agreem ents. Four
additional industries w e re : (1) T ransportation equipment (38); (2) food (38), e sp ecia lly
m eat produ cts, w here ob solete plants continue to be rep laced by m odern fa cilitie s , and
dairy products w here the num ber o f plants is declining while plant size is in crea sin g ;
(3) p rim a ry m etals (32), w here plant and equipment expenditures in recen t y ea rs have
been spent la rg e ly fo r the replacem ent and m odernization of fa c ilitie s ; and (4) reta il
trade (35), w here additional stores continue to be built, and either union or con tract
ju risd ictio n frequently is extended to the new fa cility .
Management Rights 3
E m p loy ers have traditionally m aintained that som e functions which they con sid er
essen tia l to efficien t plant operation are not negotiable. V irtually all agreem ents include
"m anagem ent rig h ts" o r "m anagem ent p re rog a tiv e" clau ses which frequently enum erate
functions to be e x e r cis e d solely by the em ployer, but these m ay be m odified in other
section s o f the agreem en ts, as in m ost o f the 392 d iscu ssed e a r lie r . In 150 (8 percent)
o f the agreem ents exam ined fo r this rep ort, m anagement retained the right to m ove or
reloca te a plant u n re stricte d by any other p rov ision in the agreem ent.
T here was a
higher p rop ortion o f these cla u ses in m anufacturing than in nonmanufacturing agreem ents,
with con cen tration s in p rim a ry m etals, e le c tr ic a l and n o n electrica l m achinery, and
transportation equipm ent.
3 A discussion of this subject also is included in Major Collective Bargaining Agreements. Management Rights and UnionManagement Cooperation BLS Bulletin 1425-5, pp. 15-16.
6
G enerally, the reserv a tion of the right to m ove a plant am plified management p r e
rog a tiv es. The con tra ct language em phasized the fa ct that the parties had agreed that
this function was one that only the em ployer could e x e r c is e :
(1)
Without intending by the language of this section to limit the functions and prerogatives of management or to define
all of such functions and prerogatives, it is agreed that the following are the exclusive functions of the employer: • • •
the right to decide the number and location of its plants, the creation of new departments and the elimination of
existing departments in a plant • • .
(2)
The union recognizes other rights and responsibilities belonging solely to the company, prominent among which is the
right to decide the number and location of plants . • .
It shall be the sole right of the company to diminish operations in whole or part or to remove a plant for operation or
business of same or any part thereof, to any location as circumstances may require.
N otice and P articip ation P ro v isio n s
Slightly m o re than 30 percen t of the agreem ents having these p rov ision s stipulated
that the union would be notified o r would participate in a m anagem ent d ecision to m ove
a plant.
Requirement applies to—
Decision to close or
relocate plant
Total
Industry
Agree
ments
Effects of shutdown
or relocation
Workers (in
thousands)
Agree
ments
Workers (in
thousands)
Agree
ments
Workers (in
thousands)
All industries--------------------- -
119
939.7
60
408.2
59
531.5
Manufacturing ----------------------------Food and kindred products — —
Apparel and other finished
products------------------------------Primary metals ----------------------Other manufacturing — ----------- Nonmanufacturing --------------------
104
16
895.4
68.1
52
15
392.3
65.8
52
1
503.1
2.3
18
24
46
15
196.4
362.4
268.6
44.3
16
21
8
186.4
140.3
15.9
2
24
25
7
10.0
362.4
128.3
28.4
1 Excludes railroad and airline industries.
NOTE: Because of rounding, sums of individual items may not equal totals.
N otice and participation p rov ision s rep resen t a fundamental safeguard fo r both union and
em p loy er.
In the event o f a plant shutdown or m ove, the union is afforded an early
opportunity to prepare fo r the effe cts o f these d ecision s on w o rk e rs .
In designing
negotiation and participation cla u se s, the parties have follow ed the exam ple o f sim ila r
prov ision s in the fie ld o f subcontracting. 4 This is not unexpected, since both plant
m ovem ent and subcontracting issu e s , as w ell as many oth ers, con cern b a sic job
secu rity.
The cla u ses exam ined w ere divided equally into two groups: T hose which s p e c ifi
cally provided fo r notice of, o r consultation about, plant m ovem ent d ecision s (60 a g r e e
m ents); and those which sp e cifica lly involved the im pact that these d ecision s m ight have
upon the w ork fo r c e (59 agreem en ts).
4
See Major Collective Bargaining Agreements. Subcontracting BLS Bulletin 1425-8.
7
Total
Consultation, discussion,
or bargaining
Periodic review
Agree
ments
Workers (in
thousands)
Agree
ments
Workers (in
thousands)
Agree
ments
Workers (in
thousands)
A ll industries-----------
59
531.5
35
282.6
24
248.8
Manufacturing----- ---------- NonmanufacturingAu--------
52
7
503.1
28.4
28
7
254.2
28.4
24
-
248.8
Industry
1 Excludes railroad and airline industries.
NOTE: Because of rounding, sums of individual items may not equal totals.
Am ong the 60 agreem en ts dealing with the d ecision to m ove, 46 provided only that
advance notice o f plant m ovem ent would be given.
(See above tabu lation .) Two additional
agreem ents com bined advance n otice with other fo rm s o f union participation in the d e c i
sion. Advance n otice cla u ses w ere typically w orded as fo llo w s:
(4)
It is agreed that the employer will give the union one week's written notice o f his intention to cease operations, or to sell,
transfer, or otherwise dispose o f the business.
(5)
. . . Further the company agrees to notify the union sixty days before it closes a plant on a unit thereof which would re
sult in the permanent layoff o f the majority o f the employees in that plant or unit.
(6)
Employer will not, without reasonable notice to the union, remove or cause to be removed from Andalusia,
Alabama, its present plant or plants in Andalusia, Alabama.
To som e extent, the prevalen ce o f advance notice of m ovem ent d ecision s is under
stated. That is, it is im p licit that agreem ents (59) providing fo r negotiation concerning
the im pact o f the d e cisio n m ust n e c e s s a rily provide advance notice of the decision . In
som e cla u ses, this relation sh ip is stated in the follow ing m anner:
(7)
It is understood and agreed that the company reserves the right to expand, lim it, or curtail its operations, or to
dose down completely when the company considers it advisable to do so. In the event o f any such change o f
major proportion, the union will be notified at once, and at the request o f the union the company will meet
with the union bargaining committee to consider the seniority provisions o f this agreement.
(8)
The company agrees to advise /th e union/ promptly o f any plans for a major transfer o f operations into or out o f
its /plants/ and to institute negotiations with you promptly for the purpose o f consummating an agreement with re
spect to the move as it may affect /p la n t/ and other employees o f the company.
(9)
The company will give the union at the division level a 6 0 -day notice o f its intentions to transfer and consolidate
two or more area headquarters offices. The parties shall meet at the division level for the purpose o f effectuating
the provisions o f this agreement and negotiating on matters not covered by the contract or this agreement. . . .
By the sam e token, it is im plied that clau ses providing fo r easing the im pact of
a d ecisio n to c lo s e o r m ove a plant a lso m ust provide p rio r n otice, although this may
not be stated in the agreem ent.
The 14 agreem en ts involving the d ecision to m ove assigned a m o re active ro le to
the union than did those providing fo r n otice only.
Three of these requ ired a d iscu ssion
between the union and the em p loy er. 1
*
0
(10)
• . . The company's right to go out o f business; to abandon territory; and to abandon the processing and packaging
o f a product withdrawn from distribution shall not be impaired . . . .
However, such rights shall not be exercised
until a conference is held with the union to discuss the necessity for such action.
8
The rem aining 11 agreem en ts, 10 in the apparel industry and 1 in leather products,
requ ired the consent of the union p rio r to an e m p lo y e e s reloca tin g the plant o r co n
structing additional fa c ilitie s .
The third illu stration req u ires arbitration if the union
withholds its consent to the m ove:
(11)
The employers shall not remove their shops from the city where they are presently located, without the consent o f
the union.
(12)
No member o f the association shall move his inside shop from the premises where his shipping facilities, showroom
and/or cutting department are located, without the consent o f the union, nor shall any member o f the association
move his cutting department or his entire business to any point outside o f the Boroughs o f Bronx, Brooklyn,
Manhattan, Queens and Richmond.
(13)
In order to protect the regularity o f employment o f the workers employed by the respective members o f the associ
ation, it is agreed that should a member o f the association, during the term o f this agreement, desire to establish
or maintain an additional shop or factory or add any other facilities for the manufacture o f work in operations cov
ered by this agreement, in place or places other than its regular shop or factory, it shall first notify the union in
writing o f its intention and no such additional facilties shall be added unless it first secures the written consent o f
the union. In the event that the union shall fail to give such consent, the matter shall be deemed a dispute and
shall be submitted to the impartial chairman for final determination in the same manner as any other dispute
herein.
Many co lle c tiv e bargaining agreem ents include m ea su res designed to soften the
im pact of plant shutdown o r re loca tion on the w o rk e rs .
Subsequent section s of this
bulletin d iscu ss related issu e s such as interplant tra n sfers and reloca tion allow an ces.
Bulletin 1425-2 dealt with severan ce pay and layoff benefit plans w hereas other bulletins
in this s e r ie s d e s crib e d training and retraining and subcontracting p rov ision s. 5 In the
presen t study, h ow ever, 59 agreem ents w ere found that provided fo r unipn-m anagem ent
negotiation o r other adm inistrative participation by the union intended to ease the im pact
of the planned shutdown o r m ovem ent.
Total
Notice only
Consultation, discussion,
or bargaining
Agree
ments
Agree
ments
Workers (in
thousands)
Agree
ments
Workers (in
thousands)
All industries-------
60
408.2
46
218.9
3
Manufacturing-------------Nonmanufacturing 1 -----
52
8
392.3
15.9
38
8
203.0
15.9
3
-
Industry
Union approval or
joint agreement
Agree
ments
Workers (in
thousands)
4.8
11
184.5
4 .8
-
11
-
184.5
-
Workers (in
thousands)
1 Excludes railroad and airline industries.
NOTE: Because of rounding, sums of individual items may not equal totals.
T w e n ty
agreem ents in the prim a ry m etals industry together with two each in the
fab rica ted m etal products and transportation equipment industries provided fo r a p eriod ic
review o f con tra ct cla u ses pertaining to shutdown o r m ovem ent: 1
4
(14)
5
The operation o f this section ^pertaining to plant closings, interplant transfer, relocation allowances, e t c j will be
subject to periodic review by a joint committee, consisting o f equal numbers o f representatives o f both parties (not
more than three each), who shall meet periodically to review the operation o f this section and to consider and
resolve any problems that may arise from its operation. The company shall supply to such committee pertinent
information relating to the operation o f this section.
See Major Collective Bargaining Agreements. Training and Retraining. BLS Bulletin 1425-7 and Subcontracting 1425-8.
9
The rem aining p rov ision s stipulated that the union would be consulted o r that
m ethods to ease the im pact of the d ecision would be subject to d iscu ssion o r negotiation.
The issu es to be d iscu sse d w ere not set forth, probably because the exact nature of the
p roblem s could not be anticipated:
(15)
In the event o f transfer o f operations from one plant to another or shutdown o f a plant causing permanent lay-offs,
the company agrees to discuss the matter with the international union as soon as reasonably possible after the neces
sity o f such transfer or shutdown has been determined, in an effort to work out the problem on a reasonable basis.
In other c a se s , how ever, n egotiators have a greed on s p e cific p roced u res in which
to ease the im pact, as r e fle cte d in clau ses concerning tra n sfers, p referen tial hiring, and
m oving allow an ces:
(16)
The company also agrees that in the event a decision is made to completely and permanently discontinue either
the foundry section or the machine shop section o f Milwaukee Works, the union is reserving the right to re-open
negotiations with respect to the transfer o f employees from the discontinued section to the surviving section.
(17)
If one o f the plants covered by this agreement were closed, or if an entire department o f that plant were closed,
and the operations involved were then moved to some other plant operated by the company, the company would
negotiate with the union upon its request to determine whether or not an equitable plan could be devised to give
the employees who had performed the operations that were moved a preference to employment at the plant to
which the operations were moved, and to transfer the employees' seniority to such new plant . . . .
(18)
In the event that the company shall dose any o f its Muskegon plants, or portions thereof, and move them to new
plants outside o f the Muskegon area, the company agrees that it will notify the union as to the locations o f .such
plants, the number o f shop employees and skills required to operate such new plants, and employees within such
numbers and having the required skills will be permitted to move to the new plant locations and carry with them
the seniority which they have at the time o f the dosing of the Muskegon plants. The company will notify the
union if it is necessary to employ people out o f line of seniority to place such new plants in productive operations.
The company and the union will then review the number o f persons and dassifications so presented to the union by
the company. This review will cover the number o f persons losing their employment because of such plant dos
ings and the work classification and experience o f such persons.
The company will also meet with the union with reference to allowances for moving expenses, if any, for the em
ployees displaced by the plant closings, and whom the company and the union agree are qualified to perform the
work available at the new locations.
Other agreem ents (20) dealing with the im pact of plant m ovem ent or shutdown
d ecisio n s provided fo r advance n otice.
Advance notice p rov ision s, either by them selves
o r in com bination with other fo rm s of participation, w ere found in 68 of the 119 union
participation a greem en ts.
Advance notice could be sent to the union, posted on plant
bulletin b oa rds, o r sent d ire ctly to the em ployees con cern ed.
In som e ca se s , m ore than
one notice m ight be req u ired; fir st, a general notice of future plant closin g , and then a
s p e cific n otice of layoff, as in the follow in g:
(19)
Whenever the company decides to close a plant, the company shall give notice o f its decision to the employees
concerned and to their representatives if any. Thereafter, as the company, in the course o f such plant closing, no
longer has need for the work then being done by any employee, his employment by the company may be termi
nated, subject only to compliance with the provisions of this section.
Each employee shall be given at least one week's advance notice of the specific date o f his termination.
Of the agreem ents providing fo r advance notice of m ov es, about on e-th ird w ere
not sp e c ific as to a tim e period, requiring only that advance notice be given.
The d e c i
sion not to set forth p r e c is e tim e lim its indicates that the parties did not con sid er a
m inim um advance notice tim e n e ce ssa ry , as the d ecision would be announced as soon as
plans w ere final.
In any event, preparations fo r a plant m ove would constitute a form
of n otice.
A ccord in gly , the indefinite notice p rov ision allow s flexib ility , and at the sam e
tim e e x p re ss e s the good faith intent o f the em ployer to notify the union and w ork ers of
its d ecision :
10
(20)
. . . Should the company, due to economic or other reasons, decide to discontinue any operation or portions of
an operation it will notify the union in advance.
(21)
Should the employer desire to expand and open additional factories, notice thereof shall be given by said em
ployer to the union prior to the opening o f such factories and an agreement shall be negotiated affecting such
factories.
(22)
The company shall notify the international union in advance o f any plant closing. . . .
The rem aining agreem ents stated the length of advance notice to be given.
Tim e
p eriod s ranged fro m as little a s 1 week— the equivalent o f a layoff notice— to as m uch as
6 months in one agreem ent.
The only n oticeable clu ste rs appeared at 1 month and at
90 days, the latter la rgely in m eatpacking.
In term s o f planning fo r plant m ovem ents, i. e., fo r negotiating and making adjust
m ents to provide w ork ers with som e degree o f protection , even a 1-m onth p eriod puts
urgent tim e p re s su re on m anagem ent and union n egotiators.
It could be reasonably
assum ed that stipulated tim e lim its are m inim um s, and the d ecision to m ove w ill be
made known fa r in advance.
The em ployer*s argument fo r not giving m o re extended
notice usually is based on the p rem ise that w ork ers w ill leave fo r other jo b s b e fo re
production c e a s e s .
Period
Agreements
Workers
(in thousands)
Total with provisions — —- —
68
333.4
Less than 3 months ------- --------------More than 3, less than 6 months----6 months to 1 y e a r -----------------------U nspecified----------------------------------
25
21
1
21
144.2
106.1
1.3
81.8
O cca sion a lly , advance notice p rov ision s w ill perm it a w aiver o f the tim e lim it, as
in the follow in g clau se, when circu m sta n ces beyond m anagem ent's con trol preclu de m e e t
ing the n otification requ irem en t:
(23)
The council member will notify the union two (2) weeks in advance o f the actual closing of a store, unless the
closing is caused by circumstances beyond the council member's control.
T o a ssu re the safe transm ittal o f n otice, at least one agreem ent sp ecified that the
notice had to be w ritten and sent by either reg is te re d o r ce rtifie d m a il:
(24)
The employer shall give the unions three weeks' prior written registered or certified notice o f its intention to close
permanently any store.
Although agreem ents that provided fo r union participation w ere equally divided b e
tween cla u ses involving a d e cisio n to m ove and those dealing with the im pact o f the move*
som e im portant d iffe re n ce s showed up at the industry le v e l.
Industries that are ch a ra c
terize d by a high d egree of w ork er m obility o r a relativ ely large num ber of sm all esta b
lishm ents tend to have cla u ses relating to the d ecision to m ove, as in reta il food stores
o r in the apparel industry.
In industries having few er establishm ents and le s s m obility,
such as p rim a ry m eta ls, union participation cla u ses are m o re apt to deal with the im pact
o f plant m ovem ent o r shutdown (see tabulation, page 4)#
Union Safeguards
Plant m ovem ent can have seriou s e ffects fo r the union as w ell as fo r w o rk e rs .
The d e cisio n to m ove o r c lo s e a plant m ay m ean the lo c a l union*s extinction.
M ore
1
1
com m only, the union1s e ffectiven ess is im paired through declining m em bersh ip, incom e,
and ability to adequately represen t the rem aining w o rk e rs.
Under these circu m sta n ces,
the union seeks to negotiate safeguards fo r itse lf against the day that management may
decide to m ove the plant.
N egotiated union safeguards take two distinct fo r m s .
F irst, there are clau ses that
provide fo r the existing con tract to autom atically co v e r any additional plant o r any r e
located fa cility :
(25)
Should an employer covered by this agreement operate more than one establishment within the jurisdiction o f the
union, the additional establishments o f the employer will automatically be covered by the terms and conditions o f
this agreement and the contract he originally signed will be extended to cover such additional establishments.
In an establishment where the bar licensee leases the food concession to any other person, the bar licensee shall
be responsible for all o f the terms and conditions of this agreement for employees hired by such other person.
The union thereby extends the existing agreem ent to new location s. The second form
extends the union*s ju risd iction , but not n e ce ssa rily the co lle ctiv e bargaining agreem ent,
to the new o r re lo ca te d plant provided the m ove is within a sp ecified distance or area:
(26)
The company recognizes the union as the sole bargaining agent for its members employed at the company's plants
at . . . Philadelphia . . . and Downingtown, Pennsylvania, and any plants that may result from the relocation o f
either o f those plants or parts o f them to locations within an area o f thirty-five (35) miles o f Philadelphia,
Pennsylvania.
(27)
In the event the^company^occupies a new manufacturing facility established and staffed as a part o f its operation
by the ^present/ plant for the production o f the same or similar products as those produced at the present location
listed and covered by this agreement, which newly occupied facility is located in/th^/county, . . . then this
agreement shall not apply, but it is agreed to recognize the union as the collective bargaining agent at such newly
occupied facility.
The second approach re co g n iz e s that the new w ork p r o c e s s e s m ay be sufficiently different
from the old to requ ire a separate agreem ent.
This arrangem ent p re s e rv e s the union*s
rights, and at the sam e tim e allow s flexibility in dealing with the particular working
conditions.
About on e-h a lf (193) o f the agreem ents perm itting plant m ovem ent contained union
safeguard cla u se s.
T here w ere, how ever, five agreem ents that sp e cifica lly banned e x
tending the co lle c tiv e bargaining agreem ent to a new location:
(28)
Any rights granted or acquired by employees or by the union under this agreement during its life shall have no
application beyond the term o f this agreement or any renewal thereof or in any plant in which this company may
be interested or in any location other than the^present/plants.
P ro v is io n s that extended the agreem ent to a new location by far outnumbered those
stipulating that only union ju risd ictio n would follow .
A greem en ts having union safeguards w ere found to apply to all types of plant
m ovem ent situations.
They involved plant reloca tion , either through consolidations and
m e r g e r s , o r the closin g o f an existing plant follow ed by its replacem ent with a new one,
as w ell as the e re ctio n o r acquisition o f a new fa cility which would operate in addition
to existing plants o r sto re s .
Although the number o f union safeguards was about evenly divided between m anu
facturing and nonmanufacturing in dustries, there w ere m ore safeguards applicable to r e
location in m anufacturing, and m o re applicable in the establishm ent o r acquisition of
additional units in nonmanufacturing.
This allocation of p rov ision s among manufacturing
12
and nonmanufacturing industries resu lts fro m the differing ch aracter o f plant m ovem ent
prob lem s in these m a jor d iv ision s.
In m anufacturing, the p roblem is largely one of
reloca tin g production fa c ilitie s .
On the other hand, nonmanufacturing totals w ere largely
influenced by the transportation industry, in which extension of truck lines and erection
or acquisition of additional term in als are involved; and by reta il trade, in which new
stores are opened to m eet an expanding and shifting population.
Although there w ere a number o f union safeguards that w ere co v e re d in separate
con tract p ro v isio n s, the safeguard was as likely to be included in a standard con tract
clause having a scop e b roa d er than plant m ovem ent.
In p articu lar, the s u c c e s s o r s and
assign s clause has yielded union protection language such as the follow ing:
(29)
This agreement shall be binding upon the successors and assigns o f the company, and no provisions, terms, or
obligations herein contained shall be affected or changed in any respect by the consolidation, merger, sale, trans
fer, or assignment o f the company, or affected or changed in any respect by any change in the legal status, own
ership, or management o f the company, or by any change geographically by or otherwise o f the location of the
company’s business in respect to the company's Fort Worth, Texas, plant.
In other con tra cts, the recogn ition clause was used to extend the agreem ent to
newly con stru cted o r acqu ired fa c ilitie s .
(30)
The company agrees that it will recognize the union as the exclusive collective bargaining agency for similar
employees represented by the union in any other o f the company's mines and mills hereafter acquired or operated
in St. Francois, Madison, Washington, Iron, Crawford and Reynolds Counties in the State o f Missouri and when so
recognized at any other o f said mines and mills, this agreement shall be deemed amended to include such other
employees as o f the date o f recognition with such appropriate changes because o f the nature o f operations as may
be agreed upon.
(31)
The employer recognizes and acknowledges that the union is the exclusive representative o f all employees in the
classifications o f work covered by this agreement for the purposes of collective bargaining as provided by the Na
tional Labor Relations Act.
This provision shall apply to all present and subsequently acquired operations and terminals o f the employer. . . .
The provisions o f this agreement shall apply to all accretions to the bargaining unit including but not limited to
newly established or acquired terminals, consolidations o f terminals, etc.
M ost p ro v isio n s assu red the tra n sfer of the entire agreem ent to the new plant.
There w e re , how ever, o cca sio n a l clau ses which either provided fo r the extension o f only
a part of the con tract, o r sp e cifie d one agreem ent p rov ision to em phasize its particular
sig n ifica n ce.
F o r exam ple, the fir s t clause below does not extend the entire agreem ent
to another fa cility under con tract with the union.
Instead, it guarantees that the general
wage stru ctu re (but not the le v e l of pay) w ill be tra n sferred .
The second clause extends
existing benefits to tra n sfe rre d em ployees and u n d erscores the c a r r y -o v e r o f sen iority:
(32)
Where hereafter a shop actually or virtually closes down, and transfers any o f the operations from that shop to
another shop with which this local union has a collective bargaining agreement, or where an occasional operation
is transferred to such a shop, the general wage structure for such operations shall follow the operations, and the
shop to which the operations are transferred shall be bound by such general wage structure. This shall not neces
sarily require the same hourly or piece rate.
(33)
When an employer establishes a new location within the geographical jurisdiction o f the union, and recruits part
o f the crew from one o f his {daces o f business already under agreement with the above-named union, all rights as
to seniority and as to other provisions o f this agreement shall apply to such employees.
E a rlie r illu stration s in this section indicated that union safeguards w ere subject to
certain geograp h ical lim itation s.
F o r exam ple, there w ere clau ses which extended the
contract only within the area o f the unionf s ju risd iction .
Other clau ses d e s crib e d t e r r i
to ria l o r m ilea ge re str ic tio n on the unionfs ju risd ictio n or agreem ent cov era g e.
Within
these geograp h ical lim its, union con trol continued and, presum ably, w ork opportunities
13
w ere retained fo r union m e m b e rs.
Beyond the p re s crib e d m ilea ge o r te r r ito ria l lim its,
union ju risd ictio n o r agreem ent cov era ge did not p rev a il.
Some p rov ision s d e s crib e d
the in teraction o f con tra ct co v era ge and union ju risd iction with m ileage o r te r r ito ria l
lim itations in som e detail:
(34)
Should the employer desire to expand its operations to other locations or open additional shops, written notice
thereof shall be given by said employer to the union prior to the expansion or opening o f such shops and such
shops shall be operated under all the terms and conditions o f this agreement . • .
(35)
If prior to June 30, 1968, the employer shall physically move substantially its entire operation now located at
Brooklyn, New York, and the local annexes thereto to a location which is:
(1) Over 50 miles measured in an airline from Brooklyn, New York; this contract and the union representation
thereunder (if still in effect) shall thereupon not apply at such new location . . . .
(2) Not over 50 miles measured in an airline from Brooklyn, New York; this contract and the union representation
thereunder (if still in effect) shall extend to such new location. . . .
Union safeguards m ay be subject to w aiver under certain conditions, such as
potential co n flict with law o r the p resen ce of another union at the new plant:
(36)
. . . In any such plant hereafter constructed or acquired within the above radius o f 75 land miles, the company
agrees to recognize (the union) as the bargaining representative for such employees, if it is not illegal to do so.
(37)
In the event during the effective period of this agreement or any extension thereof, the employer opens or acquires
a new plant or plants in the State o f Florida and should such plant or plants be brought under ^he centralized con
trol o f the employer with respect to labor policies, wages, accounting, personnel and general policies, this agree
ment shall apply to such plants if they are engaged in activities similar to those now conducted by the company.
This paragraph shall be without effect if its application will violate any law or if the employees in the said plants
have been certified by the N. L. R. B. to another collective bargaining representative.
Two prov ision s sim ila rly w aived the safeguard in the event that bargaining rights in
the new plant w ere held by another union. H ow ever, in the firs t, the con tract would follow
as soon as the agreem ent with the other union expired.
The second con tract stipulated
that the w aiver did not prevent the union from petitioning fo r a representation election :
(38)
The parties further agree that, should the employer acquire, establish or operate an additional store or department
within the present geographic jurisdiction o f the union, this agreement shall apply to the retail store employees
and office clerical employees as defined above employed in such store or department; provided that in the event
the employer acquires or operates any such additional store or department, the employees o f which are covered by
a collective bargaining agreement with another union, this section shall not apply to the employees o f such store or
department until the expiration o f such collective bargaining agreement.
(39)
This agreement shall apply to all plants operated by /th e / division of f f i i e j corporation and upon the removal o f
any plant, department, or division operated by /t h e / division o f Z?*1 corporation to another location where such
®/
operations are continued by it, or upon the acquisition o f any new plant operated by /tlie^ division, all the em
ployees affected shall be given or offered employment in the new location or place according to their seniority
and placed in the same status in regard to pay, wages, hours, and other working conditions as before said removal
occurred, and such new plant operated by £ th e / division shall be covered by all the terms and conditions hereof.
The provisions o f this section shall not apply to any plant acquired by ^the/ division which has a collective bar
gaining agreement with another union but the union shall not be precluded from petitioning the National Labor
Relations Board for the right to represent the employees in such plant. Also, the provisions o f this section shall not
apply to any plant at which the National Labor Relations Board certifies another union to be the collective bargain
ing representative o f the employees.
T h ree of the agreem ents stipulated that the em ployer could not reloca te the plant to
evade the co lle c tiv e bargaining agreem ent:
(40)
It is further agreed that the employer shall not change the . . . location o f his equipment . . . for the primary
purpose o f obtaining more favorable wages or working conditions than those prevailing in this contract.
14
T hese represen ted a contractual e ffo rt to prevent runaway shops in the sam e sense
that p rev iou sly cited agreem ents req u ired union consent b e fo re the em ployer could m ove
his plant.
W ork ers Safeguards
There w ere a num ber o f lim itations upon plant m ovem ent w hich w ere s p e cifica lly
d irected tow ard the p rotection of cu rren tly em ployed w o rk e rs .
Some w ere designed to
fo r e s ta ll o r to r e s t r ic t plant m ovem ent, thereby safeguarding existing w ork opportunities
fo r presen t em p loy ees.
O thers w ere con cern ed with protecting w ork and incom e of e m
p loyees who rem ained em ployed, but who had to tra n sfer to a new location to do so.
Am ong those cla u ses attempting to fo r e s ta ll or r e s tr ic t plant m ovem ent, five p e r
m itted the em ployer to expand his operations by opening an additional plant only if present
em ployees w ere fully supplied with w ork, o r if the expansion would not reduce em p loy
m ent or hours o f w ork.
(41)
It is understood that the company may expand or add to its existing facilities or establish new facilities when the
employees at its existing facilities are supplied with work.
(42)
Should the employer desire to expand and open additional shops, notice thereof shall be given by said employer
to the union prior to the opening o f such shops and such shops shall be operated under all the terms and conditions
o f this agreement. In no case, however, shall the operation o f such shops result in reducing the work or the num
ber o f workers at present employed in the shops to which this agreement is now applicable.
These p ro v isio n s w ere concentrated in the apparel industry.
They b ore a m arked s im
ilarity to cla u ses b a rrin g subcontracting that would resu lt in layoffs o r failu re to reh ire
unem ployed w o rk e rs .
A pparel con tra cts accounted fo r o v er on e-h a lf o f the p rov ision s re strictin g plant
m ovem ent to stipulated geograp h ical a rea s.
Mileage
T erritorial
Fare zone
Territorial and
fare zone
Workers
Agree(in
ments thousands)
Workers
Agree
(in
ments thousands)
Workers
Agree
(in
ments thousands)
Workers
Agree
(in
ments thousands)
Total
Agree
ments
Workers
(in
thousands)
All industries-----------
60
373.1
10
29.5
28
179.4
20
147.4
2
16.8
Manufacturing-----------------Apparel and other
finished products--------Other manufacturing -----Nonmanufacturing 1------- —
57
362.8
8
21.0
27
177.5
20
147.4
2
16.8
35
22
3
297.8
65.2
10.2
8
2
17
10
1
157.4
20.1
1.8
16
4
-
123.3
24.1
-
2
16.8
21.0
8.5
Industry
-
-
-
-
1 Excludes railroad and airline industries.
NOTE: Because of rounding, sums of individual items may not equal totals.
These p rov ision s a lso are intended to p r e s e rv e
em ployed, but the m ethod o f achieving this goal
The m ethod, h ow ever, is iden tical to the m eans
m e n t s tra n sfera b ility o r the extent of a union*s
w ork opportunities fo r the currently
d iffers fro m that o f previou s p rov ision s,
adopted to lim it the extent o f an a g re e
ju risd ictio n in plant m ovem ent.
As a rule, these cla u ses w ere d eclaration s that the plant would not be located
beyond a designated area o r fa re zone. T e r r ito ria l p rov ision s w ere the m ost frequent,
although te r r ito ria l, fa re , and m ilea ge standards often appeared in com bination.
15
(43)
No member shall remove its present factor/ or factories beyond 60 miles from the limits o f New York City.
(44)
During the term o f this agreement, no member o f the association shall move his factory or cutting department, if
it be located within the City o f New York, to any place outside o f the five boroughs o f the City o f New York,
and, if it be located outside o f the City of New York, to any place which is more than 20 cents fare distant from
its present location.
(45)
No member o f the association shall, during the life of this agreement, move its factory or factories beyond the
fifteen cent fare zone.
T h ere w ere two interesting m odification s of geographic p rov ision s.
The fir s t
identified the te r r ito r ia l zone in which m ovem ent was p e rm iss ib le in term s of the lo ca l
union9s ju risd ictio n .
(46)
The company agrees for the term o f this agreement not to remove its manufacturing operations
local union/ and to continue to manufacture within the area o f / T h e local union/, and the
any affiliates or subsidiaries, agrees that it shall not establish or operate a plant for production
frozen dessert products outside o f / th e local union/ area for sale or distribution o f such products
area . . . .
/The
from the area o f
company, including
o f ice cream or
in the metropolitan
The area o f /t h e local union/ shall be New York City and Nassau and Suffolk Counties in the State o f New York.
The second, although placing a m ilea ge lim it on plant m ovem ent, a lso provided w ork ers
with a supplem ental ca rfa re allow ance to co v e r extra transportation to the new location
within the m ilea ge lim it. The daily supplement was to continue fo r the c o n t r a c t s duration:
(47)
Each employer agrees that it will not move its plant from the present location beyond a reasonable area not to
exceed 90 miles from Columbus Circle, New York. In the event that an employer moves to a new location within
said 90 mile area, the following shall apply. . . *
The employer shall reimburse employees who elect to work at the new location for additional daily carfare occa
sioned by the removal o f the plant for at least dining the term o f the existing agreement.
T here a lso w ere a few cla u ses which m odified the geographic re strictio n by p r o
viding w a ivers o f m ilea ge fa re and te r r ito ria l ru le s.
F o r exam ple, one agreem ent
allow ed plant m ovem ent beyond the stipulated m ilea ge providing there was no em ploym ent
reduction at the presen t fa cility :
(48)
No employer, however, shall be permitted to remove its plant beyond a radius ,of forty-four (44) miles from
Grand Central Station, New York City.
Notwithstanding the foregoing provision however, there shall be no restrictions as to the geographical areas in
which an employer may establish branches, and move part o f its machinery or equipment as may be required.
In such event however, no work shall be removed from the present plant to such branch or branches which will
cause the la y -o ff o f employees at the present plant, where such employees laid o ff would otherwise normally
have performed such work.
One clau se perm itted the em ployer to m ove outside the sp ecified fa re zone under "e x tr a
ord in a ry c ir c u m s ta n c e s :"
(49)
No member o f the association shall
carrier fare is more than thirty (30)
extraordinary circumstances when it
o f any such exceptions shall not be
move its shop from its present location to any place beyond which the public
cents. Exceptions may be made by special agreement with the union tinder
is impossible to obtain new factory quarters within this zone, but the making
contractually obligatory upon the union.
Another, betw een an a sso cia tio n of leather goods m anufacturers and a union, r e
quired the consent o f both parties b e fo re a m em ber com pany could m ove its plant beyond
the fa re zone.
16
(50)
No employer shall, during the term o f this agreement, move his shop or factory from its present location to any
place to which the public carrier fare is more than fifteen (15) cents.
It is further provided that under special circumstances, an employer may move his shop or factory from its present
location to a place to which the public carrier fare is more than fifteen (15) cents but not more than thirty (30)
cents, provided however, that such employer, prior thereto, makes application for and secures the written joint
consent o f /_employer and union representativesJ to such removal. Such joint consent shall not be granted unless
the applicant proves the necessity therefor.
Once a plant is m oved, union con cern shifts from maintenance o f jo b opportunities
to easing the im pact upon w ork ers a ffected by the reloca tion . W ork ers who did not ch oose
to m ove with the operation o r plant o r who w ere designated surplus m ight have available
an array o f alternatives fro m which to ch oose, including SUB, election to rem ain on la y
off separation pay, and early o r full retirem en t.
Not all agreem ents provide fo r every
a lte rn a tiv e .6 F o r those who tra n sfer, h ow ever, there is con cern o v er relative sen iority
status upon tra n sfer, in com e protection , and the guarantee of com parable jo b s .
These
are to be studied in detail in the chapter on interplant tra n sfer p ro v isio n s. They are
d iscu sse d here only to the extent that plant m ovem ents are involved.
Seniority
Seniority is a m a jo r determ inant used by the p arties to m easu re the relative standing
that w ill be a cco rd e d em ployees req u ired to m ove to another plant, as w ell as that of
w ork ers in the re ce iv in g plant.
A com preh en sive d iscu ssion of the rationale and e ffects
of these d e cisio n s is provided in Chapter III.
Somewhat le ss than o n e -h a lf o f the 392 agreem ents prem itting plant m ovem ent r e
fe r r e d to the sen iority status o f w ork ers tran sferrin g to the new location .
All industries
Seniority status
Agree
ments
Workers (in
thousands)
Manufacturing
Agree
ments
Workers (in
thousands)
Nonmanufacturing*
Agree
ments
Workers (in
thousands)
A ll arrangements----------
181
1,842.9
109
1, 250.5
72
592.4
Full seniority-------------------------Partial seniority----------------------New employee status-------------Varies with circumstances------Subject to negotiation------------
73
30
11
57
10
818.6
246.0
118.3
517.3
142.7
55
24
5
15
10
752.3
222.5
17.1
116.0
142.7
18
6
6
42
-
66.4
23.6
101.2
401.3
-
1 Excludes railroad and airline industries.
NOTE: Because of rounding, sums of individual items may not equal totals.
At one extrem e w ere those p rov ision s that withheld sen iority fro m tra n sferred
w ork e rs :
(51)
Present division employees shall carry no seniority rights to the new location but will be given consideration (in the
order o f their seniority) if they wish to apply for jobs at the new location. If an employee accepts a job, he shall
be subject to the wages, fringes, hours, and working conditions applicable at the new location.
T here w ere other agreem ents that guaranteed w ork ers fu ll sen iority in the r e lo
cated plant. The tra n sfe r o f fu ll sen iority was applicable in virtually all plant m ovem ent
situations, including m ovem ent of part o f the plant through a tra n sfer of operations:
6
As noted earlier, several of these subjects are discussed in other chapters of this bulletin.
17
(52)
In the event o f a transfer o f an operation from one plant to another plant . . . providing both plants are covered
by this agreement, an employee who is offered and accepts a transfer with the operation shall carry the seniority
to the new plant which he had at the old plant.
The foregoing rule shall also apply in the event o f a partial transfer o f an operation to a new plant from an old
plant which may be closed or continued on a reduced employment basis. It shall not apply however, to partial
transfers o f operations incident to adjustments in production schedules or changes in the products at any location.
(53)
Employees who are displaced because o f the discontinuance o f operations or departments w ill, whenever practicable,
be transferred to other jobs at the rate for the job to which they are assigned without loss of seniority.
In som e a greem en ts, w ork ers could m ove to the new fa cility without any seniority
lo ss when their plant was relo ca te d o r reorga n ized:
(54)
In the event the division^ Fairless Hills Plant is closed and its trailer assembly operation is moved to a new trailer
assembly facility operated by the division, the employees o f the Fairless Mills Plant Till be given the opportunity
«
to transfer to the new facility and take their full seniority with them.
The transfer o f date-of-hire seniority is not to be construed as the extension or transfer o f this agreement in whole
or in part to a new facility.
In establishing an additional plant o r fa cility , full sen iority rights also m ay follow
the w o rk e rs:
(55)
When hiring employees at a new plant that is covered by the National Production and Maintenance Agreement
dated September 22, 1964, the corporation will offer work opportunity to employees who are then on la y-off due
to the permanent closing o f the plant in which they have seniority. Employees placed pursuant hereto shall start
work in the new plant with the seniority they had at the closed plant, and their seniority at all other plants will
be terminated. For purposes o f this letter, a plant will be considered a new plant for twelve (12) calendar months
following the start o f regular production.
In a num ber o f p ro v isio n s, the w qrker affected by plant m ovem ent would have one
o r m o re alternatives to tra n sferrin g, as in the follow ing illustration:
(56)
Should the company close its operations in the greater Chicago area or move them out of this area, employees
shall have the right to move to the new location at the same . . . pay or to receive lay-off pay under the
terms of this article.
F alling betw een the extrem es o f no sen iority and fu ll seniority w ere two additional
approaches which, in differin g d e g re e s, accounted fo r the in terests o f w ork ers tra n s
fe rrin g to and those already in the rece iv in g plant.
The two arrangem ents appeared to
gether in a lm ost o n e -h a lf (87) o f the agreem ents, a g reater number than those p rov ision s
providing fo r fu ll sen iority but affecting few er w ork ers.
The fir s t provided partial
seniority to tra n sferrin g w o rk e rs .
Rather than new em ployee status, the tra n sferred
w ork er retained his length o f s e r v ice fo r various fringe benefits but lost it fo r com p et
itive p u rp oses:
(57)
In lieu o f severance allowance, the company may offer an eligible employee a job, in at least the same job
class for which he is qualified . . . .
If the employee accepts such other employment, his continuous service
record shall be deemed to have commenced as o f the date o f the transfer, except that for the purposes o f sever
ance allowance and for purposes o f vacations his previous continuous service record shall be maintained and not
be deemed to have been broken by the transfer.
T ypica lly, these cla u ses sp e cifie d that tra n sferred w ork ers would be placed at the bottom
o f the sen iority list fo r com petitive pu rp oses
but would retain sen iority fo r benefits,
as in the illu stration :
18
(58)
When a plant . . . is closed and the work transferred to another plant covered by this agreement, employees
working on that operation may transfer to such plant and shall be hired before new employees are hired at that
plant. However, the employees shall go to the bottom o f the seniority list at that plant and shall have the
right o f job selection, la y -off and recall only in accordance with their seniority at that plant. The employees
shall retain their company service for fringe benefit purposes.
O cca sion a l p rov ision s w ere found to perm it application o f full sen iority in som e
com petitive a rea s, apparently differentiating among sensitive issu es a ccord in g to past
experien ce:
(59)
When a branch, terminal, division or operation is closed or partially closed and the work o f the branch, termi
nal, division or operation is transferred to another branch, terminal, division or operation in whole or in part, an
employee at the closed or partially closed down branch, terminal, division or operation shall have the right to
transfer to the branch, terminal, division or operation into which the work was transferred if regular work is there
available. Such employee, however, shall go to the bottom o f the seniority board and shall have the right o f job
selection only in accordance with his seniority at such terminal. However, he shall exercise his company seniority
for la y-off purposes and all other contract benefits.
The secon d sen iority arrangem ent, accounting fo r the rem aining 57 agreem ents,
tailored sen iority status in the receiv in g plant to a variety of circu m sta n ces.
M ost
clau ses o f this nature w ere encountered in trucking agreem ents.
(60)
Merger
When two or more companies merge their operations then the employees of the respective companies shall all be
placed on one seniority roster in the order o f the earliest date o f hire o f each o f the employees with their respec
tive employer.
Acquisition or Purchase
When one company acquires or purchases control o f the business of another company . . . then the employees of the
company so acquired or purchased shall be placed at the bottom o f the acquiring or purchasing company*s senior
ity roster in the order o f their payroll or company seniority with the former company. If the employer requires
additional men he shall give preference to the employees o f the former company for a period o f 150 working days
after the date of purchase.
(40)
In all consolidations o f branches or plants o f one company under contract with /th e local union/, seniority shall be
merged. If the company acquires all or any part o f any ice cream business and merges or consolidates or otherwise
combines the same with its own business, then the employees o f the business so taken over, if they have been
members o f the union for more than 2 years prior to the date o f such acquisition, shall enjoy seniority on the basis
o f the period o f employment in the business acquired. Where the business so acquired has nonunion employees or
employees who have been members o f the union for less than 2 years, the question o f seniority for the employees
o f the business acquired is to be agreed upon between the union and the company under contract with the local
union.
In recogn ition o f the fa ct that sen iority status is a com p lex and sensitive issu e,
10 agreem ents d e fe rre d settling sen iority problem s until w ork ers w ere scheduled to
tran sfer to new plants o r departm ents.
Thus, the agreem ents p rotect w ork er sen iority,
but rem ain flexib le enough so that sen iority issu es can be con sid ered on a ca se by
case b a sis.
(61)
When it becomes necessary to establish new departments or consolidate existing departments or portions thereof or
move operations from one department or plant to another department or plant, the company and the union shall
mutually agree in writing as to the status and seniority rights o f the employees affected.1
7
(17)
If one o f the plants covered by this agreement were closed . . . and the operations involved were then moved to
some other plant . . . , the company would negotiate with the union upon its request to determine whether or not
an equitable plan could be devised to give the employees who had performed the operations . . . a preference to
employment at the plant to which the operations were moved, and to transfer the employees* seniority to such new
plant . . . .
19
Job and Incom e P rote ctio n
B eyond the fundamental con sideration s of retaining a job and p reserv in g seniority
status, w o rk e rs who rem ain em ployed shift their con cern to the p rotection of jo b lev els
and in com e.
The cla u ses cited below illustrate how n egotiators have bargained fo r
equivalent jo b s and pay.
The p ra ctice of protecting jo b lev els and pay, of cou rse, can
be a ccom p lish ed in form a lly without reducing existing p ra ctice s to contract language.
P ro v is io n s m ay assu re the w ork er a '‘com p a ra b le’ 1 jo b , w ork in the em p loyeef s
resp e ctiv e "occu pa tion a l cla ssifica tio n s , " "rela ted w ork, " o r the "highest rated" jo b that
the em ployee could p e r fo r m :
(62)
In the event the company moves its Ithaca plant to a new location within a 50-m ile radius, it shall first offer its
empfloyees the right, on a seniority basis, to accept comparable jobs which are available and jobs employees are
capable o f performing at the new location.
(63)
It is agreed by the /^companyy and the ^union_/ that if the . . . plant is closed permanently and moved to
another location, the seniority of . . . plant employees shall transfer to the new plant on related work or on work
previously performed, based on ability to do the work efficiently.
(64)
In the event the employer constructs a new plant that will affect the employment status o f employees in the em
ployer's plant or plants comprising the bargaining unit, such employees shall be given preferential employment
rights for the highest rated job the employee is capable o f performing . . . .
T ra n sfer to com parab le jo b s , o f co u rse , rep resen ts som e wage lev el guarantee.
H ow ever, other p rov ision s w ere m ore d irect, s p e cifica lly stating that the tran sferrin g
w ork er would re ce iv e the sam e pay:
(39)
. . . upon the removal o f any plant, department, or division operated by /th e company/^ to another location where
such operations are continued by it, or upon the acquisition o f any new plant operated by /the com pany all the
employees affected shall be given or offered employment in the new location or place according to their seniority
and placed in the same status in regard to pay, wages, hours, and other working conditions as before said removal
occurred. • • .
If the wage rates at the new plant w ere low er, one agreem ent provided that the
w ork er would r e ce iv e the top rate o f the equivalent job in the receiv in g plant:
(65)
An employee who accepts such offer will be paid at the new location at the rate o f pay he is then receiving;
provided, however, that if such rate is higher than the top rate being paid in the new plant for such job he will
be paid at such top rate.
Another agreem ent guaranteed the old rate of pay fo r a tim e p eriod related to
sen iority, after which the new plant rate would p rev a il:
(66)
In the case o f abolition, combination or permanent reduction o f a department or the permanent reduction o f person
nel in a job, the persons permanently transferred shall have their job rate continued according to the following
schedule unless the rate o f the job is higher, then they shall receive the higher rate:
Seniority
Less than 3 years
3 but less than 5 years
5 but less than 10 years
10 but less than 20 years
20 years and over
job rate to be continued for
0 weeks
6 weeks
13 weeks
26 weeks
52 weeks
20
E nforcem en t o f Plant M ovem ent P ro v isio n s
In the absence o f a sp e c ific agreem ent p rov ision , the c o n t r a c t s grievance and
arbitration p ro ce d u re s m ay be em ployed to re so lv e disputes o v er the interpretation and
application o f plant m ovem ent c la u s e s .7 Fifty agreem ents, how ever, made re fe re n ce
to en forcem en t and consequently perm itted som e insight as to how negotiators dealt with
p ossib le disputes o v e r sensitive plant m ovem ent issu e s .
Grievance and
arbitration
Total
Industry
A ll industries •
Manufacturing------Nomnanufacturing 1
Exclusion from agree
ments enforcement
procedures
Other
Agree
ments
Workers (in
thousands)
Agree
ments
Workers (in
thousands)
50
549.9
45
539.0
3
8 .4
2
2.6
46
4
525.4
24.5
42
3
516.4
22.5
2
1
6 .4
2.0
2
-
2.6
Agree
ments
Workers (in
thousands)
Agree
ments
Workers (in
thousands)
-
1 Excludes railroad and airline industries.
NOTE: Because o f rounding, sums of individual items may not equal totals.
In 47 agreem en ts, plant m ovem ent disputes w ere ex p licitly listed as being within
the scop e o f the grievan ce p ro ce d u re s.
O ne-half of these clau ses appeared in prim ary
m etals agreem en ts and gen erally involved the S teelw ork ers.
In the ca se o f sen iority in
interplant tra n sfe rs, lo c a l steel agreem ents o ffe re d a p ossib le settlem ent betw een the
international union and the com pany as an alternative to arbitration.
(67)
It is recognized that conflicting seniority claims among employees may arise when plant or department facilities
are created, expanded, added, merged, or discontinued, involving the possible transfer o f employees. It is
agreed that such claims are matters for which adjustment shall be sought between management and the appropriate
grievance representatives or committees. In the event the above procedure does not result in agreement, the
international union and the company may work out such agreements as they deem appropriate irrespective o f exist
ing seniority agreements or may submit the matter to arbitration under such conditions, procedures, guides and
stipulations as to which they may mutually agree.
Of the 47 p ro v isio n s that involved the en forcem en t of plant m ovem ent cla u ses,
45 sp e cifie d that grievan ce p ro ced u res could be invoked to settle disputes.
D ifferen ces
subject to the grievan ce p roced u re w ere divided between those involving the d ecision to
m ov e, and those con cern ed with en forcin g jo b secu rity p rov ision s protectin g w ork ers
after the d e cisio n finally was reached.
In the follow in g clau se, the d e cisio n to c lo s e a plant m ight be arbitrated at the e m
p lo y e r ’ s requ est:
(34)
The employer may close a shop, or a department thereof, in whole or in part, temporarily or permanently, be
cause o f good and sufficient reasons. If the employer so wishes to close a shop or a department thereof it may,
if it desires, submit such matter to arbitration prior to actually taking such action.
The cla u se, by itse lf, provided little protection fo r the w ork e rs .
On the other
hand, additional section s o f the agreem ent provided p rotection by restrictin g an em ployer
to reloca tin g his c lo s e d plant to areas “ reasonably a c c e s s ib le ” to a m a jority o f his w ork ers.
This is the position taken by the U.S. Supreme Court in a landmark case involving the Steelworkers and the Warrior
and Gulf Navigation Company, 363 U. S. 574. The majority opinion concluded that there would have to be forceful evidence
for a court to deny arbitration, and that doubts should be resolved in favor of arbitration.
21
A third agreem ent provided that disputes involving plant m ovem ents would go to an
im partial um pire fo r a final d ecision :
(50)
. . . However, should there be a disagreement . . . concerning the issue, then said issue shall be treated as
a dispute under the agreement to be submitted to the impartial chairman or arbitrator named in the agreement,
but the employment shall not remove the shop or factory unless and until the impartial chairman renders a deci
sion permitting such removal.
As in the prim a ry m etals industry, p rov ision s in those industries invoking g r ie v
ance p ro ced u res on m atters affecting the jo b secu rity of w ork ers in plant m ovem ent, e tc.,
involved sen iority.
The follow in g is typical of three N orthern New J e rse y T eam ster
co n tr a c ts :
(68)
If a dispute arises concerning the interpretation or application o f the foregoing provisions dealing with seniority,
then the subject matter o f such dispute may be taken up by the aggrieved party with the arbitration authority
under this labor contract.
The dispute under arbitration could also con cern the application o f sen iority to
p referen tia l hiring:
(69)
Employees o f the /_two j plants . . . affected by a transfer o f operations shall be given first opportunity to fill
the jobs at any new facilities or locations o f the company coveredjby this agreement.^ -Selection and assignment
o f employees shall be made by the company in accordance with [ t h e seniority article/, and any difference which
may result shall be settled through the established grievance procedure.
The follow ing clau se perm itted arbitration of any con tract language cov erin g w ork
ers* secu rity (i. e. , tra n sfer rights, sen iority p rotection , bumping rights, and severan ce
pay), although the d e cisio n to m ove was excluded:
(36)
Any dispute as to the application o f this article shall be subject to the grievance procedure and to arbitration,
but not the company's decision to . . . transfer operations or equipment.
Another p rov ision , this one involving the d ecision to reloca te, allow ed the union to
strike o r to seek injunctive r e lie f and dam ages as w ell as to invoke arbitration ov er the
question o f ’ ’affiliation o r m e r g e r between union sh op s:”
(70)
. . . Notwithstanding the provisions o f paragraph 29 /_ Adjustment o f Disputes/, and in addition to the remedies
provided in said paragraph, or elsewhere in this agreement, the union shall be entitled to relief, including injunc
tive relief in an action at law or in equity, restraining any o f the employers and/or his or its partners or officers
or principal stockholders, from so removing his location, or from continuing to operate at the new location or
from affiliating or from continuing such affiliation, or in any other manner or otherwise violating any o f the pro
visions o f this paragraph.
It is agreed that one element that shall enter into the measure o f damages for any
violation o f this paragraph shall be the amount o f pay that such employer's employees would have earned, but
for said violation, for the balance o f the contractual period, based upon their average earning? during the six
months prior to such violations, less any sums that the employees may have earned. It is agreed that the workers
may cease their work either individually or collectively at any time that their employer fails to observe the pro
visions o f this clause in absolute good faith, and that such cessation of work, whether individually or collectively,
shall not be deemed to be a breach o f this contract on the part o f the union or o f the workers. If the union
and any employer cannot agree on a question o f affiliation or merger between union shop, then the issue may be
submitted to the arbitrator.
Chapter III.
Interplant and Intercompany Transfers
P rev alen ce
A lm ost on e-th ird of the 1,823 m a jo r co lle ctiv e bargaining agreem ents examined
made som e p ro v isio n fo r protecting co v e red w ork ers requ ired o r requesting to tran sfer to
another plant or com pany (table 2).
These tran sfer p rov ision s co v e re d 3 .4 m illion w ork
e rs; 47 percen t of the total under a ll m a jor agreem en ts.
In a dynam ic econ om y, the
m ovem ent of w ork ers among plants, fo r a wide variety of rea son s, is a continuing p r o c
e ss .
H ow ever, w here the incidence is low , arrangem ents fo r the tran sfer are g en erally
the resu lts o f in form al or ad hoc d iscu ssion between the represen ta tives of managem ent
and la b or.
Consequently, the m ea su res o f prevalence used in this rep ort understate the
p rotection that is available to w ork ers w hose em ploym ent site is m oved.
E xcept fo r the con tract con stru ction industry, in which the concept of a physi ca l plant is not app licable, and w here w ork ers n orm a lly are em ployed by se v e ra l e m
p loy ers in the co u rse o f a year, tra n sfer p rov ision s w ere included in agreem ents n eg oti
ated in each m a jo r industry.
T ra n sfe r p rov ision s in agreem ents are found m ost f r e
quently in in du stries that c h a ra cte ris tica lly include m ultiplant establishm ents.
Three out
of five interplant tra n sfer cla u ses w ere found in agreem ents in manufacturing; p rim a rily
in food and kindred products (52), p rim a ry m etals (51), and transportation equipment (56).
In nonm anufacturing, a m a jo rity o f the key agreem ents in transportation (56), com m u n i
cations (67), and u tilities (47) contained p rov ision s o f this nature.
These six industries
provided em ploym ent fo r 3 out o f 4 w ork ers co v ered by these p ro v isio n s, but only tw ofifths o f a ll w o rk e rs co v e re d by the total m a jo r agreem ents studied.
The inclusion of
con tra ct p rov ision s frequently rep resen t a reaction to a curren t situation that requ ired the
p a r tie s ’ attention.
The six industries have been experiencing continual tech n ological
change and the rearran gem en t and expansion of production fa cilitie s .
This situation p r o
duced a high con cen tration of interplant tra n sfer cla u ses.
The la rg e st p rop ortion of agreem ents having tran sfer p rov ision s (78 p ercen t), and
w ork ers co v e re d by these p ro v isio n s (75 percen t), w ere negotiated by single em ployer
units operating two plants o r m o re .
P rop ortion ately, these m easu res w ere con sid era b ly
higher than the ratio they represen ted of all m a jor agreem ents exam ined.
Excluding
con stru ction , le ss than 27 percen t o f the agreem ents negotiated by m ultiem ployer units 8
included these p ro v isio n s, com pared with 40 percent fo r em p loy ers bargaining on their
own.
This percen tage indicated the relu ctance or relative d ifficulty o f adm inistering p r o
gram s which involve tra n sfers between fir m s .
A lm ost tw o-th irds of the m u ltiem p loyer
agreem en ts containing interplant tra n sfer p rov ision s, h ow ever, provided for intercom pany
tra n sfe rs.
The adoption o f ru les governing tran sfer rights are of particu lar im portance in
com pan ies w hose plants are located in a num ber of States.
Although only slightly ov er
on e-h a lf o f the in ter- and in tra - region al agreem ents included tra n sfer agreem en ts, their
cov era g e o f 70 percen t o f the w ork ers indicated that these rights w ere m ore readily
agreed to by the la r g e r e m p loy ers.
E igh ty-th ree national and international unions w ere co lle ctiv e bargaining re p re s e n t
atives fo r the 3 .4 m illion w ork ers co v e re d by interplant tra n sfer p rov ision s.
H ow ever,
only eight unions had a ffilia tes which together had negotiated 20 con tra cts or m ore having
these p ro v isio n s.
Multiemployer units, as used in this study, include (1) groups of employers, typically small units which have combined to
form an association for bargaining purposes, and (2) companies signatory to so-called "form" agreements.
22
23
Agreements having provisions
for interplant transfer
Number of
agreements
studied
Unions
Number
Percent of
total studied
Total, all unions---- -------
1,823
586
32.1
Teamsters (Ind.) -------------- -----Steelworkers --------------------- -----Auto workers (Ind.) — ------ -----Electrical (IBEW )-------------- -----Machinists------ ----------------- -----Meatcutters--------------------— -----Communications workers---- -----Retail clerks — ------------------ ------
168
120
118
110
89
50
49
48
73
63
70
43
26
24
41
20
43.5
52.5
59.3
39.1
29.2
48.0
83.7
41.7
Over on e-h a lf of the m a jo r agreem ents negotiated by three national unions, and
ov er tw o-fifth s of those negotiated by three other unions made som e prov ision for tra n s
ferrin g w ork ers among plants.
Another indication that it is the la rg er em ployer units
which provide this protection is the relationship between the prop ortion of con tracts
having these p rov ision s and the num ber of w ork ers co v ered by them.
The two m easu res
a lso indicate that it is the la rg e r unions that are able, or because of the situation in the
industry b eliev e there is a need, to negotiate this protection.
Thus, although slightly
under 60 percen t of the Auto w ork ers agreem ents contained tra n sfer p ro v isio n s, the w ork ers
co v ere d by these p rov ision s represen ted alm ost 90 percent of the total.
Each of the
other unions listed a lso reported a higher proportion of w ork ers cov ered than agreem ents
having these p ro v isio n s.
In six unions, the number of w ork ers affected by interplant
tran sfer p rovision s exceeded 100,000 each.
Workers covered by interplant
______ transfer provisions
Number o f workers
under all agreements studied
(in thousands)
Number
(in thousands)
Total, all unions-------------
7,339.2
3,444.8
46.9
Auto workers (Ind.) -------------------Teamsters (Ind.) --------------------Steelworkers — —---- --------------- Communications workers------ -—
Electrical (IBEW)--------------------Machinists------ ------------ -----------
995.2
748.4
587.9
345.5
295.8
285.7
871.6
498.5
481.7
318.5
127.9
166.8
87.6
66.6
81.9
92.2
43.2
58.4
Unions
Percent of
total studied
W orker co v e ra g e of interplant tra n sfer p rov ision s was distributed
occupational cla ssifica tio n s as follow s:
Occupational group
Number o f
major agree
ments studied
;
Agreements having interplant
transfer provisions
Number
Percent
Total1................................
1,823
586
32.2
Plant workers---------------------—
Professional and/or technical—
C le rica l---------------------------- —
Sales-----------------------------------
1,619
54
147
89
479
14
93
48
29.6
25.9
63.3
53.9
1 Nonadditive: A number o f agreements cover more than 1 occupational group.
T ra n sfer p rovision s fo r b lu e -c o lla r w o rk e rs, although not a recen t innovation,
are not n early as prevalent as those for c le r ic a l and sa lesw ork ers.
It is probably only
24
in the last decade that they have approached the degree of protection that has been a v a il
able to many groups of w h ite -co lla r w ork ers.
The low prop ortion o f interplant tran sfer
p rov ision s fo r p ro fe ssio n a l and tech n ica l w ork ers probably re fle cts a c a r r y -o v e r o f c o r
porate p o licy , without reduction to con tra ct language, fro m the organized group to the
unorganized w o rk e rs in these occupations.
Interplant T ra n sfer Rights
Am ong other fa cto rs (e .g . , length of s e rv ice , em ployee qu alification), interplant
tran sfer rights vary with the conditions which trig g er the use of a tra n sfer p rov ision .
With few exception s, these conditions are easily identifiable in the con tract p rov ision s and
th erefore o ffe r ready-m ade groupings fo r a d iscu ssion of the ch a ra cte ris tics of these
rights and their application.
D isplacem ent a n d /o r L a y o ff. Of the 586 m a jor co lle ctiv e bargaining agreem ents
providing fo r interplant tra n sfe rs, on e-h a lf activated their tra n sfer p rovision at the tim e
of layoffs o r curtailm ents in operations:
(71)
When employees with established seniority are on layoff from any plant covered by the general agreement, and
there remain employees with less than six months' seniority in the same occupation or occupational group in a
plant other than that in which the layoff occurred, such employees with established seniority will be given the
opportunity to replace within the occupation or occupational group, those employees remaining with less than
six months? seniority . . . .
E m ployees a lso m ay be eligib le to tra n sfer to another location if they are unable to
operate new m ach in ery or adjust to new p r o c e s s e s :
(72)
When, as a result o f change in type o f equipment at the location at which an employee has been employed . . . ,
an employee fails, after reasonable effort, to qualify to operate the new equipment or to perform the new type o f
work at his said location, and there is no work at_said location that he is qualified to perform, such an employee
will be permitted to transfer to any location /depot/ where he is qualified to perform the work . . . .
Although a proportion ately la rg e r number o f the 244 nonmanufacturing agreem ents
contained these p rov ision s (57 percen t as against 45 p ercen t in manufacturing in du stries),
the p rop ortion o f w o rk e rs co v e re d was greater in manufacturing (70 percent as against
64 percen t fo r nonm anufacturing).
Interplant tra n sfers caused by la y off w ere m ost f r e
quently included in agreem en ts in the follow ing industries: Food, p rim a ry m eta ls, and
transportation equipment in m anufacturing; and transportation, com m unications, u tilities,
and reta il trade in nonm anufacturing.
These seven industries accounted for 70 percent
of the agreem ents and 86 percen t of the w ork ers cov ered by this p rov ision .
Company C on ven ien ce. Under som e circu m sta n ces, m anagem ent m ay transfer
an em ployee fro m one plant to another, gen erally to fill existing va ca n cies.
Slightly
m ore than on e-th ird o f the 586 interplant tran sfer agreem ents studied included p rovision s
for such a tra n sfer at the convenience o f the com pany.
The tra n sfer p rov ision s im posed
few re strictio n s on managem ent p rerog a tives in these situations; h ow ever, som e provision s
did req u ire reasonable advance n otice o r the payment of m oving expenses:
(73)
If an eligible employee is transferred, at the request o f the company, from a job in the bargaining unit to an
hourly rated job in another plant o f the company, he shall receive a moving allowance . . . .
(74)
Each employee will be assigned to a headquarters designated by the company. The company may change the head
quarters o f an employee and the employee will be informed o f any such change as far in advance as possible.
E m ployer co n tro l m ay be qualified by requiring the consent of the em ployee or
may stipulate the tra n sfer of w ork ers at the low er end o f the seniority ladder:
25
(75)
The company may, with the consent o f an employee, transfer him from one plant to another, in case o f a
vacancy . . . .
(76)
If new jobs or vacancies /i n other plants/ are not filled on the above basis /preferential hiring of senior employees/,
the junior employees then working on such jobs in one plant may be transferred by the company to new or vacant
jobs within their classifications in another plant.
This m anagem ent prerogative was m ore prevalent in nonmanufacturing than in
m anufacturing a greem en ts, but slightly m ore than tw o-fifth s of the em ployees in both in
dustry groups w ere subject to this type of tra n sfer.
This arrangem ent was particu larly
applicable to w ork ers in transportation equipment (742,700 ), com m unications (324,400),
and in reta il trade (128,900 ).
W o rk e r’ s R equ est. In con trast to the authority vested in management by the
p rov ision s prev iou sly d iscu sse d , many agreem ents a lso perm it w ork ers to request tra n s
fe r to another location.
G en erally, this is an e ffo rt by m anagement to accom odate an
em ployee having a valid person al reason not related to layoff or displacem ent. P r o v i
sions that perm itted w ork ers to m ove among plants at their own request are the lea st
prevalent o f the rea son s fo r tra n sfer included in m a jor agreem ents.
Only about on efifth o f the a greem en ts, coverin g som ewhat over on e-q u a rter o f the w ork ers, provided
arrangem ents o f this so rt.
An em p lo y e e ’ s requ est fo r tra n sfer under these p rov ision s does not obligate the
em ployer to a cced e to the request.
G en erally, the em ployer was requ ired only to co n
sider the request:
(77)
The employer will consider the request o f full-time employees for transfer /betw een supermarkets/ within the
respective bargaining unit o f each local.
In som e a greem en ts, the con sideration m ay be influenced by other fa ctors:
(78)
Where there is a bona fide vacancy in a full-time employee's classification in another existing store in the area,
or in a new store in the area, an employee's request for transfer will be considered based on seniority and ability.
In oth ers, the d e cisio n is made after sp ecia l negotiations:
(79)
The parties recognize that there might be times when, because o f personal reasons, an employee might desire to
transfer from one location to another. If this occasion arises, the employee will make his request to the company
in writing. The parties to this agreement will mutually determine whether or not the procedures for filling of
vacancies shall be waived to permit the employee to transfer. Moving expenses and transportation costs are to be
paid by employees.
Plant C losin gs, C onsolidations, or M e r g e r s . Both labor and m anagement r e c o g
nize the im portance of providing job opportunities to w ork ers affected by a d ecision to
clo se or com bine an operation.
O ver on e-th ird of the 586 interplant tran sfer a rra n g e
ments w ere applicable when plants w ere clo se d , consolidated, or m erged.
As indicated
in the follow ing illu stra tion s, the right to tran sfer, in these situations, is subject to
stated conditions:
(80)
When a branch, terminal, division, or operation is closed and the work o f the branch, terminal, division, or opera
tion is eliminated, and no part o f it is transferred to another branch, terminal, or division, employees who are
affected thereby shall be given first opportunity for available regular employment at any other branch, terminal,
division, or operation o f the employer, within the area of the supplement agreement under which employed.
26
(81)
In the event o f a permanent shutdown of _a plant or plants, employees shall have the privilege of transferring to
other like . . . plants which have like ^_unionJ covered units and where vacancies exist.
(82)
. . . employees shall be given preference over new hires in filling any vacancies which may develop in any of
the company's other factories in the bargaining unit covered by this agreement within the period o f two years
following the date o f the discontinuance o f operations • • • •
Two other m ethods have been developed by the parties to a ssu re equitable trea t
ment of w ork ers when operations are consolidated or m erg ed .
In the fir s t illustration,
the two sen iority lists are m erged; in the second, the em ployer is required to provide
em ploym ent fo r all w ork ers having a sp ecified m inim um serv ice:
(83)
When two (2) or more employers covered by this agreement, merge their operations, the employees o f the respec
tive employers shall all be placed on one seniority list in separate job classifications in the order o f the earliest
date o f hire o f each employee with his respective employer.
(84)
If the employer acquires all or any part o f a milk business or all or any part o f a route in any milk business and
merges or consolidates the same with its own business, or handles the same in any other manner, and if the em
ployees o f the business so taken over have been covered by the • • . agreement for more than 6 months prior to
the date o f such acquisition, the employer shall be required to assume responsibility for the employment o f the
said employees. . . .
About tw o-fifth s of the w ork ers em ployed under contracts having tran sfer p r o v i
sions w ere protected when the operations in which they w ere em ployed w ere shut down
or com bined with another operation.
In all, som e 1.5 m illion w o rk e rs , th ree-fifth s of
whom w ere em ployed in m anufacturing in du stries, had this protection available.
Since the adoption of m ost con tra ct p rovision s rep resen ts an effort to re so lv e an
existing p rob lem , cla u ses that assure an em ployee som e degree of p rotection are m ore
prevalent in in dustries that have experien ced plant clo su re s and com pany m e r g e r s . Thus,
som e 82 p ercen t of the w ork ers in p rim a ry m eta ls, 67 percen t in fabricated m etals, 65
percen t in food , and 55 percen t in glass w ere cov ered by these cla u ses.
In the declining
mining industry, m ore than 9 out of 10 w ork ers co v e re d by m a jor agreem ents could
request an interplant tra n sfer o r other job security arrangem ents in the event of a t e r
mination o f operation.
Transportation, which has experienced a high rate o f con solid a
tions, a lso provided extensive co v e ra g e — 9 out o f 10 w ork ers.
T ra n sfer of O peration s. C losely linked with layoff and displacem ent, and often
com bined with plant clo s in g s , the interplant m ovem ent of em ployees follow s an e m p lo y e r’ s
d ecision to change the site o f an operation.
T hree-tenths of the 586 agreem ents, coverin g
45 percent of the w o rk e rs , contained this type of tra n sfer arrangem ent.
Because of the
absence o f an existing w ork fo r c e at the new location, the m ovem ent o f a plant did not
presen t prob lem s of con flictin g sen iority.
A ffected em ployees could, fo r exam ple, be
given p referen ce ov er new em ployees:
(85)
In the event that the company decides to move any o f the plants covered by this agreement, employees o f the
moved plant or plants shall be offered employment in accordance with their seniority at the new location before
new employees are hired for similar jobs.
T ra n sfer p rov ision s are p a rticu la rly relevant in the trucking industry, where
there is a frequent alignm ent and realignm ent of com panies; and within individual c o m
panies of term in a ls, d iv isio n s, and branches.
These p rov ision s have provided p ossible
em ploym ent opportunities fo r disp la ced w ork ers in the follow ing manner:
(86)
In the event o f transferring a line or a part o f a line from one city to another city, men to the number required
for that line shall be permitted to transfer and shall have seniority standing in the city to which they have been
transferred according to the date o f hire for continuous service in the transportation department.
27
(87)
When a branch, terminal, division, or operation is closed or partially closed and the work o f the branch, terminal,
division, or operation is transferred to another branch, terminal, division, or operation in whole or in part, an em
ployee employed at the closed or partially closed down branch, terminal, division, or operation shall have the
right to transfer to the branch, terminal, division, or operation into which the work was transferred if regular work
is there available.
Staffing New P la n ts. About on e-fifth of the m a jor agreem ents containing in ter
plant tran sfer p rov ision s made these tra n sfers applicable to the staffing o f new plants.
It
m ay be advantageous to both parties to have an experien ced em ployee tran sfer to a new
fa cility .
F o r the em ployee, it m eans a higher rated job than the fo rm e r one; for the
em p loy er, it p rovides a rela tiv ely inexpensive means to re cru it a skilled and experienced
w ork fo r c e .
Thus, the parties frequently make it attractive fo r a qualified em ployee to
tran sfer by perm itting him to retain his sen iority status:
(88)
When a group o f employees is transferred from mills in the /^company/ to start up and man an entirely new mill
only . . . then in order that such employees retain their proper seniority relationship they will carry with them
to the new mill the applicable job and department seniority from the transferring mills.
Some o f the agreem ents lim it the period in which a d ecision to tran sfer m ust be made:
(89)
For eighteen months after production begins in a new plant, the corporation will give preference to the applica
tion o f laid -off employees having seniority in other plants over applications o f individuals who have not pre
viously worked for the corporation, provided their previous experience in the corporation shows that they can
qualify for the job.
A rrangem ent Not S p e cifie d . About 1 out o f 10 agreem ents that r e fe r r e d to tra n s
fe r arrangem ents did so in con n ection with another p rov ision , but som etim es without
specifying the reason fo r the tra n sfe r, as in the follow ing clau se:
(90)
When an employee is transferred to another plant covered by this multiple plant agreement, the following condi
tions will prevail:
(1) The employee's company service will continue.
(2) The employee will not retain any previous plant seniority.
In som e c a s e s , there was an im plication that the tra n sfer was initiated by the
company; h ow ever, becau se the re fe re n ce to interplant tra n sfers was usually b r ie f and
lacked elaboration , such a con clu sion always could not be drawn.
Scope o f T ra n sfer Rights
W here tra n sfer rights are negotiated, it is the g en eral rule to make them a v a il
able to a ll of the com pan y's operation s. • A lm ost th ree-fifth s o f the agreem en ts, cov erin g
approxim ately the sam e prop ortion of w o rk e rs , contained inter plant tran sfer rights that
did not r e s t r ic t those rights to either sp e cific plants of the com pany o r to defined g e o
graphical re g io n s.
Some agreem ents negotiated with multiplant em p loy ers, who a lso w ere
m em b ers of industry o r area a sso cia tio n s, extended these rights to other com panies. The
extent o f the negotiated rights available to the w ork ers w ere as follow s:
Item
T o t a l-------------------------------------------------Interplant transfer provisions having rights
applicable—
To all o f the company's plants-----------------Only to specific plants o f the company or
to defined geographical areas-------------- —
To transfers between companies as well
as within the com pany---------------------------Only to transfers between com panies---------
Agreements
Workers
(in thousands)
584
3,302. 7
346
1,390.0
140
1,159.3
88
10
704.4
49.0
NOTE: The 2 agreements not accounted for contained combinations and could
not be classified in categories listed above.
28
A lm ost 90 percen t o f the 140 agreem ents lim iting tra n sfer rights to sp e cific
plants or area s w ere found in m anufacturing industries.
This lim itation was ch a ra cte r
istic o f ordnance, p rim a ry m e ta ls, fabricated m etals, and m achinery, both e le c tr ic a l and
n on ele ctrica l, presu m ably because their plants are scattered ov er wide a rea s.
A num ber
of the la r g e r key agreem ents in transportation equipment (and mining in nonmanufacturing)
included geograp h ic lim itations.
G eographic areas are som etim es defined in term s of a city , m etropolitan area,
or union d istrict.
In oth ers, a distance o r travel tim e lim itation is im posed:
(36)
Employees laid off will be given first consideration in hiring at the company*s other /_specified_/ plants.
If the company transfers any operations from one o f its existing plants in /_city_/ to another o f its present plants
in /.city J or to a plant hereafter constructed or ^acquired by the company within a radius o f seventy-five (75)
land miles from the center o f the city . . . , Z_city_/ the employees involved shall follow their jobs without loss
o f seniority or continuous company service.
(91)
Whenever, within the geographic area covered by this agreement, a new operation is opened, the employer shall
offer . . . the opportunity to transfer to regular positions in the new operations to employees . . . affected in
whole or in part by the opening.
(33)
When the transfer o f an employee becomes necessary, due to slackening of business, the employer shall not require
said employee to travel one way more than one (1) hour by public transportation, or forty-five (45) minutes by
other means o f transportation, between his place o f residence and the new location. The employer will make
every effort to assign employees to the store where such transfers will require the lesser travel time.
Of the agreem en ts having interplant tra n sfer cla u ses, 98 made spm e a rra n g e
ment fo r em ployees to shift among plants of different com panies.
Eleven of the 12
apparel a greem en ts, traditionally a re a -w id e agreem en ts, contained these p rov ision s as
did se v e ra l con tra cts in the food industry (12), com m unications (8), and Retail trade (8).
A la rge prop ortion of these agreem ents provided .transfer rights, frequently preferen tial
rights or the dovetailing o f sen iority lists when com panies w ere m erg ed or consolidated.
M ost significant was the im portance of this arrangem ent in the constantly changing tra n s
portation industry.
A s p reviou sly indicated, in trucking, com bining and recom bining of
com panies through m e r g e r s and by absorption o ccu rs frequently.
In these agreem en ts,
em ployees o f the com pany to be absorb ed are guaranteed som e consideration. Frequently,
their status in the surviving organization was a subject fo r d iscu ssion or« negotiation; in
other in sta n ces, it depended on the financial position of the com pany to be absorbed.
A lm ost 9 out o f 10 em ployees in the transportation industry w ere cov ered by p rov ision s
of this nature:
(92)
In the event that the employer absorbs the business o f another private contractor or common carrier, or is a party
to a merger o f lines, the seniority o f the employees absorbed or affected thereby shall be determined by mutual
agreement between the employer and the unions involved.
In the application o f this provision the following general rides shall apply:
(1) If both carriers involved are solvent then the seniority lists o f the two companies should be dovetailed so as to
create a master seniority list based upon total years o f service with either company . . . .
(2) If . . . one of the companies is insolvent at the time of the transaction, then the employees o f the insolvent
company will go to the bottom o f the master seniority list . . . .
The follow ing clau ses are illu strative of agreem ents providing fo r tra n sfers b e
tween plants of differen t com pan ies:
(93)
If an opening occurs in an establishment [ p i another employer/ which provides reclassification and advancement
to a higher-rated job and such position cannot be filled by the employees in that establishment, then the union
shall have the right to transfer a worker from one establishment to the establishment in which the vacancy occurs
provided, however, the employers o f both establishments do not object to the transfer o f this employee. This is
to be done by mutual agreement between the union and • • • the association.
29
(94)
The employer shall not enter into any partnership or consolidate or merge with another person, firm, or corpora
tion in the industry, unless the new firm assumes all incurred obligations to the workers covered by this agree
ment . . . such new firm shall give preference in employment to the workers except those then employed by the
firm which continues in business.
Regarding the applicability o f inter plant tran sfer rights, 1 out of 3 (92 out o f 292)
con tracts providing fo r tra n sfers in displacem ent situations lim ited the tra n sfers to d e s
ignated plants o r a re a s, w hereas only 30 out o f 201 agreem ents had these lim itations
when the tra n sfer was m ade at the com pany's convenience.
Types o f T ra n sfe r A rrangem ents
Over the extended p eriod during which co lle ctiv e bargaining evolved from an o c c a
sional p ra ctice to an established institution, many approaches have been developed for
solving the p rob lem s involved in m oving em ployees from one plant to another.
When
tran sfer rights are to be afforded , the im m ediate question to be con sid ered is the type
of arrangem ent that best w ill a ccom p lish the purpose without undue hardship on the e m
ployee or the em p loy er.
The ideal tran sfer arrangem ent w ill re co n cile the divergent
in terests o f em ployees (at both lo ca tio n s), the union(s), and the em p loy er(s). B ecause of
these variou s in terests, the p o ssib ilitie s of disagreem ent are many.
F or exam ple, an em ployee who requests a tran sfer would p re fe r to maintain full
sen iority, even though he m ay rank above the em ployees at the new location; one lo c a l
union m ay want to dovetail sen iority r o s te rs fo r both loca tion s, while another lo ca l m ay
in sist that the tra n sfe rre d em ployees be placed at the bottom of the sen iority ro s te r.
M anagement m ay co n sid e r it its best in terest to retain sole con trol over the status of
the tra n sferred em ployees.
The resolu tion of these interests into a workable p roced ure
fo r tra n sfers is the subject of this section.
M ost of the contracts revealed four basic
types of arrangem ents to im plem ent interplant tra n sfers: (1) P referen tia l hiring, (2) tra n sfer
of whole units o r operation s, (group tra n sfe r), (3) bidding, and (4) bumping (table 3).
B ecause the Bureau could analyze only agreem ents which in varying d egrees of
detail had in corp ora ted a fo rm a l tran sfer structure, the frequency of these arrangem ents
is believed to be understated.
W here the incidence of interplant tra n sfers is low , ad hoc
arrangem ents are frequently put into p ra ctice when the need a r is e s .
In this context, it
should be noted that a num ber of agreem ents recogn ized the p ossib ility of interplant
tra n sfe rs, but fa iled to show how they would be im plem ented.
The approach accepted to protect the rights of tran sferrin g em ployees was tailored
to m eet presen t and anticipated needs in particular situations and consequently varied
among in du stries. A greem en ts in the stone, clay and glass products industry, fo r e x
am ple, provided fo r preferen tia l hiring, whereas both p referen tia l hiring and tran sfer of
operations w ere sp e cifie d in p rim a ry m etals and m achinery (except e le ctrica l) industries.
Still others em phasized com binations o f three arrangem ents o r m o r e : In transportation
equipment, it w as tra n sfer o f units, p referen tial hiring, and tran sfer of v acan cies; in
com m u n ication s, bidding, tra n sfer o f operations, and p referen tia l hiring; and in food and
kindred p rod u cts, all of the m ajor arrangem ents w ere found, except bidding.
O rdin arily, no tra n sfer prov ision would exist in a single-plant com pany unless it
planned to m ove to a new location .
In other agreem ents, the need fo r these p rov ision s
m ay have been too rem ote to warrant inclusion.
The p o s sib ility o f tra n sfers, reg a rd less
of how rem ote, m ay, h ow ever, have been con sidered sufficient cause fo r these p r o v i
sion s.
The available evidence indicates that this issue is now receiv in g m ore and m ore
attention in c o lle ctiv e bargaining and is lik ely to b ecom e of m ajor im portance as c o m
petitive and tech n ologica l p re ssu re s in cre a se.
P re fe re n tia l H iring.
P re fe re n tia l hiring is defined as an arrangem ent that p r o
vides p rim a ry em ploym ent con sideration in a s p e cific plant to w ork ers disp la ced from
another of the com pan y's plants or locations p rior to em ploying applicants having no p rio r
com pany em ploym ent.
M ost frequently, this system is applied where an em ployee was
laid off at one plant, and additional personnel are requ ired at another plant.
F or the
com pany, this arrangem ent has the advantage o f providing personnel having the requ ired
30
sk ills, an established em ploym ent r e c o r d , and who are g en erally fa m ilia r with som e a s
pects o f plant operation s.
F o r the em ployee, it p rovides continuity o f em ploym ent.
Under the term s o f m o st preferen tia l hiring p ro v isio n s, the tra n sferred em ployee usually
is placed on the bottom o f the sen iority r o s te r of the receiv in g plant and ranked as a
new h ire fo r sen iority p u rp oses.
F requently, an em ployee tra n sferred under this a r
rangem ent m ay be re ca lle d to his fo r m e r location when operating needs so requ ire.
When the geogra p h ica l distance between the two plants does not s e rio u sly alter the
com m uting distance fo r the em ployee, this arrangem ent presen ts no se rio u s p roblem .
W here a change o f re sid e n ce is involved, the em ployee m ay be faced with a difficu lt d e
cisio n , p a rticu la rly if he is su bject to r e ca ll.
Under any circu m s ta n ce s, how ever, the
arrangem ent does insure valuable rights to an em ployee despite the broad clau ses that in
many c a s e s are m e re guides to possib le actions.
P re fe re n tia l hiring seldom generates opposition fro m em ployees at the receiv in g
plant, sin ce it is unlikely to a ffect th eir em ploym ent secu rity.
C on v ersely, i f it is e x
pected that a tra n sfer w ill be perm anent, the tra n sferred em ployee m ust balance his low
position on the sen iority r o s te r against the p ossib ilitie s of (1) r e c a ll and (2) other em
ploym ent in his presen t location , among other fa cto rs.
Some agreem ents did not sp ecify when and under what circu m sta n ces p referen tia l
hiring is app licable. N everth eless, as table 3 in dicates, preferen tial hiring was the
m ost frequently sp ecified type of tra n sfer arrangem ent, appearing in alm ost o n e -h a lf o f
agreem ents having interplant tra n sfe r p rov ision s and cov erin g 7 out o f 10 w o rk e rs .
As
noted e a r lie r , this system was one of a number o f tra n sfer p roced u res; consequently,
these indications o f prevalen ce do not rep resen t the rights available to em p loy ees under
other c ircu m s ta n ce s, such as when full sen iority m ay be applicable in a tran sfer o f
operation s.
C ertain in du stries, p rim a rily because o f their heavy represen tation in the total
num ber o f agreem en ts exam ined and the number having tran sfer p ro v isio n s, contributed
the bulk o f p referen tia l hiring co v e ra g e .
Four of the in d u stries, food; stone, clay, and
g la ss; p rim a ry m etals; and transportation equipment, together accounted fo r fo u r-fifth s
of the p ro v isio n s and a slightly higher ratio of w ork ers in m anufacturing.
A greem ents
negotiated by m anufacturing em p loy ers having these p rov ision s represen ted about the
same p rop ortion (58 percent) as did a ll agreem ents having tran sfer p ro v isio n s, but c o v
ered a som ewhat higher percentage o f the w ork ers (66 as com p ared to 60 percent).
A dm in istratively, p referen tia l hiring cre a te s few er p rob lem s than other types o f
tra n sfe rs.
T o take advantage o f the contractual opportunity, the em ployee m ust indicate
his d e s ir e , usually by an application fo r em ploym ent at the new location .
T h ereafter,
the applicant r e c e iv e s fir s t con sideration for openings in w hich he can qualify.
L a yoff was the leading cause fo r the e x e rcis e o f p referen tia l hiring rights.
Em
ployees not cu rren tly em ployed b ecom e elig ib le fo r p rim a ry em ploym ent con sideration at
another loca tion as additional person n el a re needed:
(95)
An employee with more than one year but less than five years' seniority who has been laid o ff may exercise
preferential hiring privileges in the same or lower grade in the occupation held at the time o f layoff. Prefer
ential hiring shall be defined as the privilege o f an employee, with more than one but less than five years1
seniority who has been laid off, to be placed in a job at another company location where an opening exists
in his occupation before any other new employee is hired to fill such opening.
(85)
When a mill o f the /.com pany/ is taking on new permanent employees, applications from permanent employees
with recall rights or layoff status from other mills o f the /com pany/ will be given preferential hiring consider
ation. . . .
P refe re n tia l hiring prov ision s a lso w ere utilized to p rov id e em ploym ent opportunities in
industries w here season al o r com petitive fa cto rs m ay have cre a te d an unequal demand
fo r labor:
31
(96)
In the event o f slackness o f work in other plants operated by the canner in the adjacent vicinity, the canner
agrees to give preference to those workers who are qualified for such jobs as are available at the rate o f pay
established herein, before hiring any new employees.
Far m ore than a jo b is involved fo r those em ployees who su cce ss fu lly e x e r cis e
preferen tial hiring rights.
W here fringe benefits are provided in the term s of the a g r e e
ment, these are in m ost instances a lso available at the new location; and w here the level
of these benefits vary with length of s e r v ice , the p ra ctice o f crediting tim e worked at
the fo rm e r location se rv e s as an additional incentive to tran sfer.
In som e circum stances,
it m ay not be p ossib le fo r an em ployee to e x e rcise his tran sfer rights.
Where this is
the ca s e , other p ro g ra m s, such as severan ce payments and early retirem en t, present an
alternative to a disruptive tra n sfer: 9
(82)
Subject only to any prior rights thereto created by this agreement, such employees shall be given preference over
new hires in filling any vacancies which may develop in any o f the company*s other factories in the bargaining
unit covered by this agreement within the period o f two years following the date o f the discontinuance o f opera
tions (other than vacancies filled by promotion) and any employee rehired by the company pursuant to this pro
vision within such period shall be considered to have uninterrupted continuous service with the company for vaca
tion eligibility purposes notwithstanding /other provisions/ o f this agreement.
The Bureau did not study the alternatives to tra n sfe rs, except fo r the im position of pen
alties fo r refu sa l to tra n sfer that are d iscu ssed subsequently.
Plant c lo sin g s , m e r g e r s , and con solidations w ere the next leading cause for e x e r
cising p referen tia l hiring rights.
F o r the purpose of this d iscu ssion , plant closin gs w ere
lim ited to situations in which operations w ere term inated or phased out but excluded
tran sfer o f operations to another location .
Plant c lo s u re , of co u rse , elim inates all re ca ll
rights.
A m e rg e r or con solidation o f operations also ra ise s sen iority problem s. If full
seniority is o ffered to the tra n sferrin g em ployees, it m ay be n e ce ssa ry to la yoff w ork ers
at the receivin g plant; co n v e rs e ly , if the past em ploym ent in the term inated location is
not reco g n ize d , p rio r lo n g -te rm se rv ice would yield only a sm all m easu re o f jo b security.
S im ila rly, m anagem ent m ay co n sid e r it its best interest to select w ork ers to be tra n s
fe r r e d , thereby elim inating those whose previous p erform an ce it con sid ered m arginal.
These prob lem s are com pounded if different unions represen t em ployees at the closin g
and at the receiv in g plant.
The rights available to em ployees disp laced by a plant closin g are d ire ctly depen
dent on the existing circu m sta n ce s.
G en erally, disp laced em ployees can e x e rcis e p r e fe r
ential hiring rights only when it is determ ined that the closin g is indeed permanent:
(85)
In the event that a plant is permanently closed employees o f the plant shall be offered employment in other
company plants covered by this agreement before new employees are hired for similar jobs.
(97)
Hereafter when a mine is abandoned or closed, the employees laid off at this mine shall at their request be
placed on the panel o f the mine or mines in the same /union/ district operated by the same company which
operated the closed mine.
A dditionally, if preferen tia l hiring had prev iou sly been lim ited to sp e cific geographical
a re a s, con sideration m ay be given to extending these rights to all loca tion s, including
those that would req u ire a change of resid en ce:
9
Also see Severance Pay and Layoff Benefit Plans (BLS Bulletin 142B"2).
32
(76)
At any time during the term o f this agreement that the company extends its present operations at the plants cov
ered by this agreement to another site o f /com pany/ or any o f its affiliates or subsidiaries undertake the production
o f roller bearings or a substitute product in the roller bearing market at another site, it is agreed, provided such
new or additional site is in the Greater Metropolitan Detroit Area (within a radius o f 50 miles o f the DetroitCity-County Building), seniority employees under this agreement at any then existing operation o f the company
shall receive preference over new hires at such new site for new jobs during the commencement or growth of its
activities, or at any time to fill vacancies, in the same manner as above provided for transfers within the present
plant, and they will be transferred.
In the event that during the term o f this agreement or any extension or renewal thereof the company terminates
roller bearing operations within the 50-m ile radius o f the Detroit-City-County Building or transfers its roller bear
ing operations to a site outside the 50-m ile radius, each seniority employee covered by this agreement who is
then working for the company and whose employment is terminated because o f such termination or transfer o f
operations shall, if he has two years' or more seniority, have the option o f preferential hiring at any new site to
which such operations are transferred with the opportunity to prove qualified to do the work available, or in the
alternative, in final payment, o f taking severance pay as provided for under Part Five— Supplemental Unemploy
ment Benefit Flan.
The opening o f new plants is the third m a jor cause of extending p referen tial hiring.
T ra n sfer resulting fro m the expansion of operations m ay be desirable not only fo r the
em p loy er, but a lso fo r em p loy ees expecting p rom otion s, as w e ll as fo r those whose e m
ploym ent has not been stable becau se of low sen iority.
At the same tim e, the num ber
of tra n sfers m ust be ca refu lly con trolled so as not to disrupt operations at existing plants.
Thus, fo r a given period o f tim e, preferen tial hiring m a y b e lim ited to those on layoff
status o r to a sp e cifie d num ber of em ployees:
(98)
Employees who have so applied and who in the judgment o f the company are physically fit and competent though
knowledge, training, skill, and efficiency to perform the available work in the new plant will be accepted for
employment up to a lim it o f 10 percent o f the estimated average_employment for the first six (6) months o f oper
ation o f the new plant less those employees from other affected /.designatedJ plants but not less than 5 percent
o f the said total from /lo c a l union_/ employees.
G roup T r a n s fe r s . When existing departm ents or entire units are tra n sferred from
one location to another, all or m o st affected em ployees m ay be given the opportunity to
m ove with their w ork .
The distinguishing features o f these tran sfer arrangem ents are
the absence o f a com peting w ork fo r c e at the receiv in g plant, and the w o rk e rs ' option to
e x e r c is e tra n sfer rights b e fo re la yoffs are m ade.
In these situations, the d ecision to
change the location of an operation in volves the concom itant of an em ployer obligation to
o ffe r em ploym ent at the new fa cility to the fo rm e r w ork fo r c e :
(99)
In the event the company should determine to close one o f the plants covered by this agreement, or discontinue
a department in one o f such plants the company will notify the union at least thirty (30) days before the closing
of the plant or discontinuance o f the department. If the work performed in such plant or department is removed
to a new plant, operated by the company, which does not have an existing work force the employees whose jobs
are eliminated by the removal will be offered the opportunity to move with their jobs . . . .
(63)
It is agreed . . . that if the /o ld J plant is closed permanently and moved to another location, the seniority o f
the . . . employees shall transfer to the new plant on related work or on work previously performed, based on
ability to do the work efficiently.
B ecause of the nature of the m ov e, im plem entation o f contractual rights is c a r e
fully planned by the union and the em ployer far in advance of the actual tra n sfer. Contract
clau ses m ay range fr o m n otice to the union of personnel requirem ents to the actual selection o f
em ployees:
(18)
In the event that the company shall close any o f its Muskegon plants, or portions thereof, and move them to
new plants outside o f the Muskegon area, the company agrees that it will notify the union as to the locations o f
such plants, the number o f shop employees and skills required to operate such new plants, and employees within
such numbers and having the required skills will be permitted to move to the new plant locations and carry with
them the seniority which they have at the time o f the closing o f the Muskegon plants. The company will notify
the union if it is necessary to employ people out o f line o f seniority to place such new plants in productive oper
ations.
The company and the union will then review the number o f persons and classifications so presented to the union
by the company. This review will cover the number o f persons losing their employment because o f such plant
closings and the work classification and experience o f such persons.
33
To the extent that few er job s resu lt from a tran sfer of operation s, not a ll e lig i
ble em p loy ees m ay have the opportunity to m ove.
The c r ite ria fo r tran sfer b e co m e s the
num ber o f em ployees n e c e ssa ry to operate the reloca ted operation:
(86)
In the event of transferring a line or part o f a line from one city to another city, men to the number required
for that line shall be permitted to transfer . . . .
The number o f employees who may transfer with work will be determined on the basis o f the number o f runs
transferred out the location, plus a number of men as extra at the existing ratio o f extra men to regular men
for the regular runs so transferred. The total number o f employees to be transferred, however, shall not exceed
the number o f new runs gained at the location to which the work is transferred, plus a number o f men as extra
men for these runs, at the existing ratio o f extra men to regular men. In addition, a number o f employees, to
the extent o f 10 percent of the total number o f men transferred, will be allowed to express their desire to transfer
with work, as replacements.
(100)
When operations or departments are transferred from one plant to another plant o f the corporation, employees
engaged on such operations or employed in such departments, up to the number needed in the receiving plant to
perform the transferred operations, may, if they so desire, be transferred to the other plant with their full seniority.
The prob lem of in su fficien t job s at the new location is somewhat alleviated when som e
qualified em ployees e le ct not to tra n sfer, an action that m ay be unintentionally e n co u r
aged when a declination to tran sfer involves no penalties.
E m ployers fa ce sim ila r dilem m as when few er em ployees than are needed e lect to
tra n sfer.
In that situation, the parties m ust determ ine whether p reviou sly in eligible
em ployees m ay be con sid ered elig ib le, or whether shortages should be o v ercom e by r e
cruitm ent.
A s in all tra n sfe rs, the p rob lem s of determ ining the seniority of the tra n sfe re e s
m ust be settled.
In the tra n sfer o f operations involving full sen iority, the' relative
ranking o f the em ployee m ay be the subject of con sid erable con trov ersy .
When the same
union rep resen ts em ployees at both loca tion s, solutions m ay be found m ore easily:
(101)
The company agrees that the recognition now tendered to the union as bargaining agent for the employees in the
described appropriate unit in its plants in Rockford, Illinois, and its plant in Belvidere, Illinois, shall be extended
to cover the employees in the same appropriate unit in any plant established by the company within twenty (20)
miles o f any o f its said present plants. . . .
If such plant is not an expansion o f the production processes of the
/_specified_/ division, but instead_is for_a new division fabricating a new product, recognition as the bargaining
agent shall be extended to the /_union_/ but the provisions o f this agreement shall not apply to the new bargaining
unit. The union agrees that the employees of such bargaining unit will form a unit separate and distinct from the
one covered by this agreement.
A s indicated e a r lie r , when there a re few er job s than elig ible tra n sfe re e s, this particular
p roblem m ay be alleviated by em ployee options not to tran sfer:
(102)
When work is discontinued in one headquarters and this same work is transferred to another headquarters, then the
job will be filled by the same men who have been doing the work, providing they are agreeable to the trans
fer . . .
When a substantial num ber e le ct not to tra n sfer, the em ployer m ay requ ire an
individual to do so or e lse accep t stated penalties:
(103)
If the senior employee refuses such £interplant/ transfer than the most junior employee must accept such transfer.
A refusal by the most junior employee o f such transfer to the same job and labor grade . . . of this collective
agreement shall be considered as a forfeiture of his rights to any layoff pay.
Other agreem ents have recogn ized tran sfer rightsbut ch oose to handle s p e cifics as they a rise:
34
(104)
It is the exclusive responsibility o f the company to determine the location for the making o f or assembling o f
any o f its products or parts of such products. In the event that the company should determine that it will dis
continue or remove all o f its production and maintenance operations as a unit from its /sp ecified / plants, and to
operate them as a separate division at another unoccupied location, the company will give the employees and the
union three months prior notice of its intention to do so. Thereafter, upon request o f the union the company will
negotiate as to the conditions affecting any employees desiring the opportunity to transfer to the new location and
as to the conditions relating to employees affected by permanent layoff.
Bidding. Interplant bidding is another method used by em p loy ees to m ove among
plants.
This arrangem ent b e co m e s operative on the creation of a vacancy; until that
o c c u r s , the e m p lo y e e ’ s right to tra n sfer is dorm ant.
Many agreem ents requ ire an e m
ployee to accept a job vacancy in the im m ediate plant b e fo re applying fo r a jo b in the
com pan y's other plants.
E m ployees d esirin g to m ove to another plant indicate their
p refere n ce and are con sid ered a ccordin g to the bidding system sp ecified in the co lle ctiv e
bargaining agreem ent.
By m eans o f the multiplant bidding sy stem , the m ost qualified
em ployees are aw arded the vacated jo b s , reg a rd less of their hom e plant.
In addition to the approach d e scrib ed above, interplant bidding m ay be utilized to
m eet individual p ro b le m s, such as when an em ployee d e s ire s to tran sfer to a a sp e cific
location fo r p erson a l rea son s.
Under this arrangem ent, the com pany m ay grant the e m
p lo y e e 's requ est by tra n sferrin g him to a vacancy fo r which he is qualified:
(105)
When a vacancy is. to be filled by selection from the list of employees who have written transfer applications on
file, such employees within the particular area in which the vacancy exists shall be given first consideration in
order o f seniority provided they have the required qualifications . . .
Thereafter, such employees in the .other
area shall be considered in the order o f seniority provided they have the required qualifications. . . .
Like the previou s arran gem en ts, displacem ent and layoff continued to be the
leading cause that trigg ered bidding fo r another job .
An em ployee confronted with a la y
o ff m ay have the opportunity to fill any existing v acan cies and thereby continue his e m
ploym ent with a m inim um o f disruption.
The staffing of new plants crea ted these rights fo r alm ost th ree-q u a rters of a
m illion w ork ers co v e re d by the m a jo r agreem ents exam ined for this rep ort.
The d e s ir
ability of staffing a new plant by bidding is apparent.
E xperien ced personnel are im m e
diately available while the r e ca ll lis t at the old location is reduced if le s s than full e m
ploym ent should exist there.
F or em ployees on la yoff, opportunities now m ay be a v a il
able at the old plant if a su fficien t num ber of senior em ployees should tran sfer.
B ecause individuals bid fo r a single job , the effect on the w ork fo r c e at the fa c il
ity having the vacancy is m inim al.
This is true to the extent that usually only a sm all
num ber of em ployees m ay be affected.
H ow ever, to the individual who lost a prom otion
because o f an em ployee fro m another plant, the effect is v ery rea l.
F or this reason ,
the right to bid is m odified to the extent that it can only be e x e r cis e d if the job cannot
be fille d fro m within:
(106)
When a permanent vacancy occurs in a seniority group and the company fills the vacancy by selecting an em
ployee for it, the job will be posted in the group, plant, and division concurrently for a period o f four working
days . . . .
If no one in the seniority group or the plant applies for the job or is qualified for it, applicants
from other plants who are qualified and who apply in writing during this period will be given consideration.
(107)
If the opening is not filled . . . notices o f the opening shall be placed on bulletin boards throughout the plants. One
bid posting will be made at each o f the three plants (North Side, East Side, South Side) and any employee may
sign such posting. The notices and postings will be made when it is apparent to the company that the opening
cannot be filled from within the division but no earlier than the posting within the division. The employee sign
ing such posting and having the greatest company seniority will be assigned to fill the opening, provided he has
the ability to do the job.
Interplant bidding was predom inately found in nonm anufacturing. Transportation, w hich
also sp ecified tra n sfe r o f operations and preferen tial hiring in sim ila r prop ortion s, ex
tended interplant bidding to a significant prop ortion of the w ork ers co v e re d by tran sfer
agreem ents.
Com m unications and u tilities accounted fo r m ost o f the rem aining cov era ge
in 'nonmanufacturing.
35
Bumping. Bumping o f junior em ployees during a la yoff is a lon g-esta b lish ed p r a c
tice under m ost sen iority system s.
It affords som e m easure o f em ploym ent secu rity to
sen ior em p loy ees, although this right m ay be lim ited by fa ctors such as previous expe
rie n ce , length o f s e r v ic e , and the extent of the sen iority unit in which it can be e x e r
cise d .
Bumping rights fro m one location to another are p articu larly subject to various
lim itations:
(38)
Seniority shall apply by department; however, the employee who is to be laid o ff by seniority in a given depart
ment shall have die right to assert seniority over employees in the same department in another store . . . under the
following conditions:
An employee who has been in a department for two (2) years or more may assert seniority over a person in the
same department in another store. . . .
An employee who has been transferred from a department in one store into the same department in another store
may assert seniority over the least senior employee in the department o f the store from which he was transferred.
There shall be no more than two successive displacements under this section.
(108)
In the event o f a permanent shutdown o f a refinery or a permanent major curtailment thereof, the employees
affected who have been employed for a period o f two (2) or more years, shall have the right to continue employ
ment, as hereinafter defined, at other refineries, or to accept layoff and receive payments o f all benefits due
under the provisions o f this agreement. An employee so electing to continue his employment may exercise his
service seniority to displace that employee with the least service seniority in the lower classification o f the over-all
refinery operations and he shall thereafter be entitled to promotional, demotional and other seniority rights in ac
cordance with the seniority rules existing at his new place o f employment.
In som e c a s e s , the em ployee seeking interplant bumping rights first must e x
haust other options open to him .
Thus, he m ay be required to e x e rcis e sen iority at his
hom e plant, and, failing that, still m ay be entitled to bump only to a low er rated p o s i
tion in the new plant:
(109)
As a result o f furlough:
Before any employee may exercise intercompany seniority as a result o f furlough, he must first exhaust all
seniority rights within his respective company.
(110)
(Ill)
In the event o f layoff o f an employee, the company will permit him to exercise his seniority in the following
manner: He may replace the employee with the least seniority on any shift, in any department, in any plant,
provided he has the ability to do the work involved. If, however, there is an open requisition in his classifi
cation in the plant, in the department, and on the shift he desires he will be required to take the open job.
Like procedure shall also apply i f requested by the employee when in the event o f layoff, his seniority and ability
require that he take a job in a lower classification or different occupation.
An employee laid off from the Detroit plant after exhausting his rights under the layoff procedure or because o f
his inability to bump into a shift o f his choice may bump into the Parkedale plant at the level from which he
was laid off at Detroit, and vice versa.
Some agreem ents m ay requ ire the em ployee to fill any existing vacancy b efore
displacing a junior em ployee:
(106)
Any employee who is displaced from his plant shall have the right to fill any existing vacancy in the division
for which qualified. . . . If no such vacancy exists the employee with the least division seniority shall be dis
placed.
A s table 3 in dicates, bumping was the lea st prevalent o f all types of interplant
tran sfer arrangem ents studied.
These rights w ere available to slightly over on e-h alf
m illion w o rk e rs; m anufacturing industries accounting for over 70 percent.
Over on ehalf o f the co v e re d em ployees in manufacturing industries w ere found to be within the
36
transportation equipment industry.
In nonmanufacturing, com m unications, and retail trade
accounted fo r m ost of the em ployees co v e re d by these p rov ision s.
T ra n sfer Rights Not D efined. In som e agreem en ts, interplant tran sfer rights
w ere not defined c le a r ly enough to perm it cla ssifica tio n .
Traditional understandings b e
tween the p a rties, person nel p o lic ie s , and other proced u res w ere assum ed to account for
the lack o f detail in these agreem ents.
A pproxim ately 11 percent of the agreem ents hav
ing tra n sfer p rov ision s and coverin g 8 percent of the em p loy ees, w ere coded as being
insufficien tly defined to perm it cla ssifica tio n .
P ro v is io n s that m entioned inter plant tran sfers but did not indicate the reason for
the m ovem ent g en era lly are included in the seniority section of the agreem ent and r e
late to the retention o r lo ss o f the w o r k e r’ s standing.
P resu m ably, interplant tra n sfers
are not com m on o ccu re n ce s in these com panies and th erefore are treated on an ad hoc
b a sis.
M ost frequently, they are included in single-plant agreem ents of multiplant c o m
panies:
(5)
During the life o f the agreement, seniority rights will be recognized by the company on a job basis. In the case
of workers transferred from one plant to another, the worker shall return his seniority in the plant where he was
first employed, based upon the amount o f time accumulated in the first plant plus the amount o f time accumu
lated in the other plants to which he may have been transferred.
Another group o f agreem ents re fe r to tra n sfers in connection with elig ib ility fo r
fringe benefits and m ay be included in the section relating to these benefits.
H ere
again, these prov ision s are the only con tract indication that there are tra n sfers among
the com pa n ies' plants.
(112)
Any employee transferred to other . . . units of the company covered by this agreement or transferred from
/p la n t/ shall not be considered an interruption o f his employment with the company for the purpose o f vacation,
holiday pay, insurance, and union membership.
(113)
’’Solely for the purpose of determining eligibility for vacation pay, the continuous service date o f an employee
transferred to the . . . works from another plant of /the company/ shall be the continuous service date which
he carried at the plant from which he was transferred.
E m ployee E ligib ility
The purpose o f a c o lle ctiv e bargaining agreem ent is to cod ify the rights o f c o v
ered w o rk e rs and to insure that these p rotective m easu res are equitably applied.
In ter
plant tra n sfer p rov ision s support this prin cip le by utilizing the m ost effective n ondis
crim in a tor y available m eans — se n io rity —to effectuate tran sfer p ro v isio n s.
As sen iority
p rov ision s have becom e m ore com p lex , so has the application o f tra n sfer p rov ision s.
The application of sen iority rights in interplant tra n sfers v a ries a cco rd in g ly — som etim es
only w ork ers within a given departm ent m ay be eligible to tran sfer while either com pany
or total cum ulated sen iority m ay be used as the determ ining fa cto r.
Other m ethods m ay
be em ployed to determ ine which groups are to be involved, but in the final an alysis,
som e m easu re of sen iority is the pertinent fa ctor.
When a clau se is negotiated, the parties are not certain if tran sfers w ill be r e
quired; o r , if they a re , the num ber of em ployees that w ill be affected.
Consequently,
agreem ents do not always sp ecify the length of se rv ice requ ired to make an em ployee
eligible fo r tra n sfer, although som e include m inim um years of credited se rv ice .
A lm ost 60 percen t of agreem ents having interplant tran sfer prov ision s sp ecified
the ro le o f sen iority (table 4).
Although seniority (straight, m od ified , and com binations
of these) has been assigned the ro le o f the m ajor determ inant in interplant tra n sfe rs,
m ost agreem ents having these p rov ision s contain m odifying fa c to r s .
The p rim a ry m o d i
fying fa cto rs w e r e — m inim um se r v ice requ irem en ts, ord er of tra n sfer, em ployee ability,
and the options available to the em ployee.
37
M inimum S erv ice R eq u irem en ts. Only a sm all p rop ortion (11 percent) of the
agreem ents having tra n sfer p rov ision s required a m inim um length of se rv ice as a con d i
tion fo r tran sfer elig ib ility .
M ost com m only, the agreem ents sp ecified 1 y ea r, but a
substantial prop ortion had varying requ irem en ts, depending on the reason fo r activating
the p ro v isio n .
A greem en ts in manufacturing (44 of 66) w ere m ore lik ely to have p r o v i
sions o f this nature than w ere those in nonmanufacturing.
T here is a heavy con cen tra
tion in three in du stries: F ood, transportation equipment, and stone, clay, and g la ss.
Transportation equipment usually req u ires 2 to 3 y ears of s e r v ice , w hereas the other two
manufacturing groups gen era lly requ ire at lea st 1 year of s e rv ice .
Com m unications
agreem en ts, which gen era lly req u ire 1 year of se rv ice fo r elig ib ility , and u tilities,
whose requirem ents vary, accounted fo r 18 of the 22 p rov ision s in nonmanufacturing.
F or con tracts specifying m inim um
requirem en t usually va ried , depending on
ployee m ay be entitled to tra n sfer rights
if he has as m uch as 5 years* sen iority,
tran sfer situations fo r as little as 1 year
se rv ice requirem ents, the application of this
the reason fo r the tran sfer.
Thus, an em
when a plant c lo s e s or there are layoffs only
w hereas these rights m ay be afforded in other
of sen iority.
One purpose of a se r v ice requirem ent is to safeguard personnel at the receiv in g
plant.
When the e ffe ct on em ployees in the receiv in g plant seem s to be m inim al (such
as p referen tia l h irin g), rela tiv ely short periods o f se rv ice could be specified:
(114)
An employee with one year or more o f seniority who is terminated because of a permanent reduction in the work
ing force shall . . . make application to the personnel department where he was formerly employed specifying
the other plants . . . at which he wishes to be considered for employment.
S im ila rly , se r v ice requirem ents are usually low in the staffing of new plants or when
operations are tra n sferred :
(98)
When the company constructs a new plant outside o f Corning, that takes work out o f Corning, members . . . with
one (1) or more years o f service shall have the right to request employment at the new pl ant . . . .
When the e ffe ct on em ployees in the receivin g plant is lik ely to in crea se,
requirem ents tend to b ecom e m ore stringent:
(115)
(99)
se rv ice
If a seniority unit or plant is permanently closed, .all employees o f that seniority unit who have five (5) or more
years seniority shall be placed on the seniority lists o f the other plants covered hereby. They shall be called to
work in such other plants . . . as soon as appropriate opening exist. Employees thus placed shall be accorded their
full company seniority in the new home plant for all purposes*
Employees who have three (3) or more_ years o f seniority, as o f date o f layoff, who have been laid off from either
the /d esig n a ted / plants or from the /designated J plant, due to lack o f work, for a period of six (6) weeks, may
exercise their seniority at the other location. Such employees may replace . . . employees with less seniority
provided they are qualified to do the work.
F o r ty -se v e n a greem en ts, although not specifying a m inim um se rv ice requirem ent,
did m ention that p rio rity would be given to em ployees who had a designated term o f e m
ploym ent.
This p rio rity was found m ost frequently in p rim ary m etals and m achinery:
(116)
In order to increase job security for longer service employees, priority in filling job vacancies . . .
covered by this agreement shall be afforded employees in such plants in accordance with the following:
in plants
Such priority shall be afforded to employees:
Who have ten (10) years o f company continuous service at date o f a permanent shutdown of their plant . . .
Who have ten (10) years or more o f company continuous service at time o f layoff from their plant . . .
38
(117)
It is recognized that conflicting seniority claims among employees may arise when plant or department facilities
are created, expanded, added, merged or discontinued, involving the possible transfer o f employees . . . .
An employee . . . continuously on layoff for sixty (60) days or more . . . who had two (2) or more years o f
company continuous service on the date o f his layoff . . . shall be given priority over other applicants . . .
for job vacancies . . . at other . . . plants . . . located within a limited agreed-upon geographical region. . . .
. . . Priority in the filling o f job vacancies . . . in steel plants in an area covering more than one region shall
be afforded employees who . . . have applied for employment in the region from which laid off and management
has failed to provide employment and . . . who have five (5) or more years o f company continuous service at the
date o f shutdown . . . .
Other Q ualification F a c to r s .
In addition to sen iority elig ib ility , em ployees seek
ing to tra n sfer m ay be requ ired to have other qualifications.
W here craft o r jo b lines
are w ell establish ed, or w here a m ultiunion em ployer is involved, qualifications alm ost
always are im posed.
W here these con flicts do not exist, the filling of particu la r job s
a lso may be su bject to other qu alification s, such as age and sex.
Recent legislation has
outlawed these lim itations.
Q ualifications to tra n sfers of this nature are generally stated in broad term s that
act as guides to the p a rties.
The drafting of p r e c is e sp ecifica tion s fo r individual job s
would, in m ost a re a s, im pose an im p ossib le burden on the negotiators.
Although the c r i
teria are not detailed, they are re a listic and lim it the d ecision s to sp e cific ca se s .
Som e tra n sfe rs, how ever, do not call fo r these additional lim itations.
If a unit
is tra n sfe rre d with its equipment, the em ployees involved are obviously qualified.
On
the other hand, if substantial tech n ological change is introduced, the requisite sk ills
may be altered con sidera b ly.
P ro v isio n s having qualifying fa cto rs w ere sp ecified in alm ost 60 p ercen t of a g re e
ments involving interplant tra n sfe rs:
(118)
In staffing a new plant where transfers from other sections are involved, selection will be made the basis o f quali
fications o f the man for the job, his experience, past performance, refinery seniority, physical fitness, and ability
to adapt to new conditions. Where special qualifications are necessary to operate new, previously untried or
special equipment, due consideration will also be given to these requirements.
(119)
Job applicants in the foregoing categories, who meet the job requirements imposed by the system o f production in
the employing shop, and who possess the particular skill and experience required by the particular job, shall be
offered job vacancies in the same sequence in which they become unemployed and register with the employment
bureau.
G eneral statem ents that the em ployee m ust be "q u a lified ” also w ere found frequently:
(120)
During the life o f this agreement, if all operations, or a major portion thereof covered by this agreement, are
removed to a new . . . plant o f the company, employees engaged in such specific operations may, within thirty
(30) days, after notification thereof by the company, if they desire, be transferred to such new plant with full
seniority to the extent o f jobs available for which they are qualified.
(121)
Employees laid off in either bargaining unit will be offered available employment which they are qualified to per
form in the other bargaining unit before new employees are thereafter hired in such other bargaining unit.
Some agreem ents sp e cify a lim ited p eriod in which the em ployee must p rov e his
ability to qualify fo r the new jo b :
39
(107)
Any employee who fills a job opening /as posted throughout the plants_ / shall be given a trial period o f not less
than five (5) nor more than fifteen (15) actual days o f work. If the company determines that he is unable to per
form the job after a five (5) day trial, he shall be returned to his regular job with no loss o f seniority. If the
union disagrees with such disqualifications, the company will give the employee the benefit o f the full trial period,
if requested by the union. However, if the company still feels on the fifteenth (15) day that the employee does
not have the ability to perform the work, the company will return the employee to his former job with no loss o f
seniority and the employee or the union may take the matter up through the grievance procedure.
Additional lim itation s d ire cte d at avoiding adverse effects in the receivin g plant
w ere im posed in a few agreem en ts.
Under these lim itation s, an em ployee m ay be r e
quired to exhaust em ploym ent opportunities at the existing location:
(72)
When, as a result o f change in type o f equipment at the location at which an employee has been employed, or as
a result o f the transfer o f work away from the location, an employee fails after reasonable effort, to qualify to
operate the new equipment or to perform the new type o f work at his said location, and there is no work at said
location that he is qualified to perform, such an employee will be permitted to transfer to any location where he
is qualified to perform the work and his name will be placed on the seniority list for that location in the position
to which the date o f his depot seniority at his original location entitles him . . . .
When com peting em ployees w ere equal in sk ill and ability,
(122)
seniority governed:
Selection shall be based on seniority among those bidding employees whose ability and qualifications are consistent
with the job to be filled. If more than one employee has qualifications for the job seniority will govern.
Straight sen iority was gen erally granted when tra n sfers w ere due to rem oval op
eration s.
M odified sen iority, h ow ever, was the crite rio n for tran sfer in a ll types of
arran gem en ts, but e sp e cia lly those which w ere lik ely to a ffect em ploym ent at the r e c e iv
ing plant.
Even preferen tia l h irin g, with its m inim al effect on em ployees at the receivin g
plant, was not excluded fro m som e additional qualifications:
(123)
An employee on layoff with recall rights from a plant in the bargaining unit will be given preference in hiring
over new employees in any other plant in the bargaining unit for work on which he has satisfactory • . . experience
and is otherwise qualified.
These qualifying statem ents w ere found in many p rov ision s,
reason fo r tra n sfer:
reg a rd less of the
(90)
An employee with one year or more o f seniority, who was terminated because o f permanent plant closing, shall
. . . make application . • . requesting consideration for employment at any other plant covered by this contract
where a job opening may exist . . . Such employee shall be considered at other plant locations for job openings
for which he is qualified for a period not to exceed one year subsequent to the date o f his termination. Each
plant shall determine whether an employee meets its hiring standards.
(124)
Any employee in any bargaining unit listed . . . who is permanently separated from service under circumstances
which entitle him to separation pay . . . and who is physically fit and under age 60 at the date o f termination
o f service, and who has the ability to do the job or to learn the^ job within a reasonable length o f time, shall
have the right to displace a junior employee hired on or after /_designated dateJ at any other bargaining unit listed.
Those industries in m anufacturing which extended tra n sfer rights to the largest
number of w ork ers (e .g . , prim a ry m etals and transportation equipment) usually required
the em ployee to have the ability to do the job , although a few stated that the tran sferee
need only be "qu alified. " T ransportation follow ed this pattern in nonmanufacturing; on
the other hand, com m unications sp ecified "qu alified " m ore often than ability.
40
F ood and kindred products accounted for m ost cla u ses which sp ecified ability to
do the job or the ability to learn .
These w ere found in m eatpacking, which has had
con sid era b le ex p erien ce with tra n sfer p ro v ision s.
Duration o f T ra n sfer Rights
An em ployee req u ired to tra n sfer m ust, within the tim e lim its set forth in the
agreem en t, ca re fu lly weigh the advantages and disadvantages of a m ove and then make a
d ecision .
This d e cisio n w ill be influenced by a variety of fa c to r s , such as his attach
ment to the surrounding com m unity, availability o f other w ork, fam ily tie s , whether a
change in re sid e n ce is involved, and many oth ers.
N egotiators reco g n ize this p rob lem by providing the em ployee with a tim e interval
during which he w ill be elig ib le fo r a tra n sfer.
These p rov ision s requ ire either positive
action by the em ployee or grant autom atic con sid eration to the em ployee fo r a jo b dur
ing the p eriod the right is available.
The duration o f the tra n sfer right m ay depend on the circu m sta n ces of the m ov e.
In an agreem ent having a bumping o r bidding p rov ision there need not be a tim e p eriod ,
since in e x e rcisin g his right the em ployee has stated his intention to m ove to an e x is t
ing vacancy o r jo b .
Bidding, h ow ever, is lim ited alm ost always to a rela tiv ely short
p eriod after the vacancy has been posted.
M ost duration p rov ision s relate to la y o ff situ
ations o r other circu m s ta n ce s, such as plant c lo s u r e s , that disp la ce w ork ers.
When
these are the cau se o f the tra n sfe r, tim e is requ ired by the em ployer to p lace the e m
ployee and by the em ployee to make a d ecision .
Only 106 o f the 586 agreem ents having tran sfer p rov ision s sp ecified the length of
tim e that these rights w ere available to the em p loy ees.
They applied to about on e-th ird
of the 3 .4 m illio n w ork ers c o v e re d by tran sfer cla u ses.
Duration o f transfer rights
Agreements
Workers
(in thousands)
Total having transfer provisions — —
586
3,444.8
Total having duration provisions------- -—Duration:
1 month------------------------ ------— ----3 m onths------------------ -------------------5 months — — —— — — — — —
—
6 m onths---- — ----------—-------- — ----7 months ----------------- -— ------------18 months —------------24 months —— — --------- -— ------ —
36 m onths---------------- — — -----------Varied duration ------- -------- -----------
106
1,073.7
5
4
1
6
25
4
57
1
3
17. 9
6 .9
1. 6
16. 0
119.0
395.9
495. 5
3. 5
17.4
The bulk of the w o r k e r s — 9 out o f 10— retained their right fro m 1 to 2 y ea rs
after separation; frequently, they retained their sen iority fo r the sam e period:
(58)
If the employee is not hired at the new location with a two (2) year period from date o f termination at the old
location, his service record is considered broken /_and the following section shall apply/.
Any employee who is laid o ff and not recalled within a twenty-four (24) month period from the date o f layoff shall
be removed from the seniority list.
In m ost c a s e s , these cla u ses w ere included in agreem ents that provided fo r p referen tia l
hiring and the tra n sfer o f operation s.
Stone, clay, and g la ss and reta il trade accounted
fo r m o st agreem en ts that guaranteed this right fo r 12 m onths; m a jo r auto agreem ents
sp ecifie d 18 m onths; and transportation agreem ents extended tran sfer rights fo r 24
m onths.
41
The agreem ents that require positive action by the em ployee state the req u ire
ment in s p e c ific language and usually indicate tim e lim its fo r the action or fo r the
tra n sfer right secu red by such action. This right may be extended as in the fir s t illu stra
tion, if em ployees p rov id e the em ployer with a cle a r statement that they are available:
(125)
An employee on the active payroll, or on layoff and eligible for recall, may file a written request . . . for
transfer to another plant . ._ . in a _lower-rated or lateral classification or in a higher-rated classification for which
he has recall rights at the ^location J where laid off. Such request will be considered . . . at such other plant
in filling available openings in classifications requested for which he is qualified. Such request shall remain active
for a maximum of twelve (12) months unless renewed in writing.
(99)
An employee desiring to exercise seniority under the above /_interplant transfer/ procedure must notify the employ
ment office to this effect within five (5) weeks of the date o f layoff.
(126)
In the event o f a permanent layoff, employees coming under the jurisdiction o f this contract shall have the right
to apply within ninety (90) days to the personnel office of the . . . plant requesting employment in such plants
o f the company where job openings may exist including new or expanded facilities . . . .
Employees receiving
employment in such plants outlined above, shall transfer with them all company service accumulated if the trans
fer is effected within two (2) years from permanent layoff . . . for the purpose of maintaining pensions, vacations,
and other benefits that may exist in the plant transferred to.
In the group of agreem ents that do not require the em ployee to indicate his in ter
est in tran sferrin g to another plant, the p rov ision s state the period during which he w ill
be con sidered.
In this type of p ro v isio n , the availability of the right, with an upper
lim it, a lso may vary with the length of credited s e r v ice :
(127)
Any such employee shall be considered at other plants for job openings for which he is qualified for a period of
one year subsequent to the date o f his termination but may extend this period for a second year by requesting such
extension at the personnel department o f the plant where he was formerly employed within ninety (90) days prior
to the end o f the first year following his termination, and for a third year, by giving similar notice within ninety
(90) days prior to the end o f the second year following his termination.
(124)
An employee's right of transfer . . . shall terminate . . . upon the expiration o f three (3) years from date of
permanent separation.
(128)
An employee who has been laid off . . . shall be entitled to be recalled, in
either plant, provided he can become qualified with a minimum o f training to
vacancy. This right o f recall shall continue for a period of time equal to the
ployee had at the time o f his layoff, or for five (5) years, whichever is less. .
seniority order, to a vacancy in
perform the work required in the
amount of seniority which the em
. .
When a plant o r operation is m oved to a new location , a substantial number of
em ployees m ay be affected.
These em ployees are required to make the d ecision s m en
tioned e a r lie r , but they should do so relatively quickly, since the em ployer m ust know
the siz e and com position of the w ork fo r c e that w ill be available.
In these situations,
the em phasis is on the p eriod provided the em ployee to in form the em ployer of his
availability:
(129)
It is mutually agreed in the event the employer transfers all or a substantial portion o f the work performed under the
jurisdiction o f this agreement on any one o f its own products to another o f its plants and such transfer o f work di
rectly results in a surplus o f full-time employees hereunder, those employees so affected will be offered an oppor
tunity to follow work at their own expense and subject to rates o f pay and working conditions then prevailing at
the new location. Election of such option must be exercised by the employee within thirty (30) days after receipt
o f the offer.
E ffect of R efusal to T ra n sfer
As noted above, a con sidera b le number of fa ctors must be weighed by the em
ploy ee confronted with a tra n sfer.
One im portant consideration is the existen ce of other
42
options and their effects on his em ploym ent status.
These p rov ision s b ecom e p a rticu
la rly relevant if future em ploym ent p ro sp ects are favorable at the existing location and
the p ossib ility of a re ca ll exists.
A relatively sm all p rop ortion (26 percent) of the agreem ents that made som e
p rov isio n fo r tra n sferrin g em ployees included refe re n ce s to various options.
O ne-third
of these a greem en ts, coverin g alm ost the sam e p rop ortion of w o rk e rs , sp e cifica lly f o r
bade the fo rfe itu re of other contractual rights should an em ployee refuse to tra n sfer.
In the m a jo r prop ortion (67 percen t) of a greem en ts, how ever, em ployees who refu sed to
tran sfer w e re , in som e m ea su re, penalized.
The clauses w ere not,, of co u rs e , designed
to be punitive; rather, they w ere negotiated with the thought that the e m p lo y e e s o b lig a
tion to p rovide w ork had been fu lfilled by the job offe r.
The resp on sibility of the em
p loy er to the w ork er who refu sed a tra n sfer was thereby reduced and in som e ca ses
elim inated.
A refu sal to tra n sfer does not n e c e ssa rily result in a term ination of the em p loy
ment relationship.
In a num ber of in stances, a refusal to tra n sfer banned such m oves
in the future:
(130)
A skilled maintenance employee assigned to work in_a plant in /designated city_/ may elect to be laid off rather
than be assigned to work outside o f /designated c i t y/ . . . .
However, through such an election, an employee
shall forfeit his rights thereafter to employment in plants outside /_designated city j irrespective o f circumstances.
(115)
An employee who is cut back in a work reduction at any one o f the four seniority units may elect to take a layoff
rather than accept a bump to a former code in another seniority unit in which he had previously acquired job
rights. Such refusal to exercise his job rights in one o f the other three plants shall result in the loss o f job rights
in such rejected plant, but shall not affect his right to pool jobs in the plant in which he is currently employed.
Som e con tracts im posed se v e re penalties:
(114)
Any such terminated employee who is offered a job under the jurisdiction o f this contract and refuses such job offer
shall lose all reemployment rights under the provisions o f this contract including any rights he would have to. port
able pension benefits . . . .
A greem ents som etim es sp e cifie d that no penalty would attach to a d ecision not to
tra n sfe r:
(131)
For good and sufficient reason, an employee may refuse a transfer from the jurisdictional area o f one local union
to another.
(132)
If an employee refuses to exercise his interplant bumping rights he does not lose his seniority at either plant.
(133)
If an employee does not elect to move to the /designated/ plant on his first offer, he will be given additional
opportunity as other openings for which he is eligible occur.
M itigating circu m sta n ces w ere recogn ized as valid reasons to decline a tran sfer
without penalty:
(38)
For health reasons or economic reasons, other than cost o f travel, any employee may refuse a transfer from the
jurisdiction o f one local union to another.
(33)
. . . An employee may refuse a transfer from the jurisdiction of one local union to another only in the event
the travel time would exceed one (1) hour by public transportation, or forty-five (45) minutes by other means.
43
P enalties w ere le s s frequently negotiated when the type o f tra n sfer was con cern ed
with individual rather than group situations.
Thus, penalties w ere seld om im posed fo r
failu re to bump or to tra n sfer to a vacancy.
In som e in stan ces, if the em ployee m ade
form a l application, the option to withdraw was not available:
(107)
Any employee who signs a posted bid . . . cannot later remove his name before the job is filled.
signing a posted bid must accept the job.
(134)
An employee
An employee may not refuse transfer to a job opening for which he has applied.
There was a g rea ter frequ en cy o f penalty p rov ision s in con tra cts that a cco rd e d som e
rights when operations w ere tra n sferred ; in the illu stration below , som e leew ay was p r o
vided lo n g -se rv ice em ployees:
(135)
Where an operation is transferred to another . . . plant the employees engaged in the operation shall have the
right to be transferred immediately with the operation but shall not have the right to decline if in the judgment
of the corporation such transfer is in the interest of efficiency . . .
When an operation is transferred to the same department in another plant . . . the employees with greater senior
ity shall have the right to accept or decline the transfer provided that there are sufficient employees with lesser
seniority to accomodate the operation who shall not have the right to decline the transfer if in the judgment of
the corporation such transfer is in the interest of efficiency.
In gen eral, penalties w ere not set forth where tra n sfers w ere offered at the c o m
pany1s convenience but w ere usually present in plant closin g situations.
The penalties
attached fo r a refu sa l to tra n sfer cou ld a ffect the status o f an e m p lo y e e ’ s supplem entary
benefits:
(136)
An eligible employee . . . has the right to be transferred from the plant at which he is employed to another
plant covered by this master agreement if such employee is subject to being permanently separated irom the service
because of a reduction in force arising out of the closing of a plant or a division of a plant or a major department
of a plant . . . .
An employee who refuses an offer of transfer shall not be affected in his severance pay right except as provided
/_below/ . . . .
Severance pay is not paid . . . to employees who refuse an offer of employment by the company in another
department or another unit of its business, the location of which is reasonably accessible to the location of the
place of employment from which the employees are being dropped from service. Reasonably accessible is inter
preted to mean within a distance for which no moving allowance is payable.
(137)
If, on the other hand, the employee does not accept such other employment, the company will pay a layoff allow
ance . . . provided that no layoff allowance will be paid to employees who are offered and refuse employment
. . . in a related or reasonably equivalent occupation and within reasonable commuting distance of their place of
employment.
Seniority Status in New Plant
Another fa ctor which is lik ely to influence an e m p loy ee1s d ecision to tran sfer is
his sen iority status in the new plant.
If he can m ove with sen iority rights rela tiv ely
intact, he not only w ill have som e m easu re of protection in p ossible future la y offs, but
his p rev iou sly accum ulated le n g th -o f-s e r v ic e benefits a lso w ill rem ain undisturbed.
In
som e con tra cts, this is stated as follow s:
(138)
[_A transfer/to another . . . unit of the company included in this agreement shall not be considered an interrup
tion of . . . employment with the company for the purpose of vacation pay, holiday pay, insurance, union mem
bership, and company seniority.
44
(139)
Any employee transferred to the new location shall be credited with his full accumulated seniority for the purpose
of determining his entitlement to fringe and other economic benefits provided by the national agreement and for
purposes of layoff and recall in the transferred department, job or operation.
An exceedin gly high prop ortion of the agreem en ts, ov er th ree-fou rth s, defined the
tra n sfe rre d e m p lo y e e 's p osition on the sen iority ro ste r of the receiv in g plant.
Three
b a s ic approach es to the prob lem have been developed (table 5).
The m ost com m on
(181 a greem en ts) provided fo r full sen iority when the m ovem ent was the result of any
cause recogn ized in the agreem en ts.
A significant num ber of agreem ents (148) varied
sen iority status with the reason fo r the tra n sfer.
Thus, differing d eg rees of im portance
w ere a c c o r d e d to causes that made a tra n sfer n e ce ssa ry .
In 95 agreem en ts, all p r e
vious sen iority was lost.
T ra n sfe r rights created by a change in the location of an operation m ay be p re d
icated on the assum ption that no jo b lo ss would o ccu r.
T h e re fo re , the secu rity of em
p loy ees at the receivin g plant and o f those attached to the operation would not be im
p aired , and it is p o s sib le to p erm it the d isp la ced em ployees to retain their sen iority.
T ra n sfers that stem fr o m a la yoff requ ire a different approach.
In this situation, p a r
ticu la rly at plants that have a h istory of layoff and r e c a ll, le ss than full sen iority may
be p rovided in the agreem ent.
Full S en iority.
A tra n sfe r with full sen iority m ay be b en eficia l to both the em
p lo y e r and the em ployee.
The guaranteed retention of full sen iority m ay act as an in
ducem ent to tra n sfe r, sin ce this would im p rov e the em p loy ee's jo b secu rity and maintain
the le v e l of many benefits earned by p r io r s e r v ice .
C on ceivably, when operations a re tra n sferred , the sam e num ber of jo b s that p r e
v iou sly existed may be created at the new location.
In these ca s e s , full sen iority may
be granted, sin ce the im pact on em ployees at the receiv in g plant is alleviated:
(140)
In the event the company elects to move a department, or major portion thereof, or plant covered by this agree
ment to another plant of the company also covered by this agreement, employees who worked in such departments
or plants who are out of work as a result of the transfer, may if they so desire, within thirty (30) days elect to be
transferred to the new plant and carry their ranking seniority to the new plant.
(133)
When employees of the Yonkers Works are displaced from their occupation as a result of the transfer of their work
to the Bloomington Plant, the following procedure shall be observed: . . . .
Each employee who elects to move to the Bloomington Plant will carry with him his seniority and the benefits and
privileges this seniority entails in the Bloomington Plant . . . .
The m ethod of com bining sen iority ro ste rs in m e rg e rs m ay presen t pa rticu la rly difficult
p ro b le m s, sin ce som e jo b s frequently are lost.
In the exam ples below , an em p loy ee's
previou s sen iority rem ains intact, although it may not guarantee him a jo b :
(46)
In all consolidations of branches or plants of one company under contract with /.the union/, seniority shall be
merged. If the company acquires all or any part of an ice cream business and merges or consolidates or otherwise
combines the same with its own business, then the employees of the business so taken over, if they have been mem
bers of the union for more than six (6) months prior to the date of such acquisition, shall enjoy seniority on the
basis of the period of employment in the business acquired. Where the business so acquired has nonunion employees,
or employees who have been members of the union for less than six (6) months, the question of seniority for the em
ployees of the business acquired is to be agreed upon between the union and the company under contract with /th e
uniorj7.
(141)
When two (2) or more employers covered by this agreement merge their operations, the employees of the respective
employers shall all be placed on one seniority list in separate job classifications in the order of the earliest date of
hire of each employee with his respective employer.
45
When the tra n sfer was initiated by the com pany, w ork ers usually m oved with full
sen iority:
(142)
Employees transferred from one of the employer's facilities to another for the convenience of the employer shall
retain all previous earned seniority.
Staffing o f new plants requ ires experien ced p erson n el, and the grant of full s e
n iority m ay encourage sen ior em ployees to' tra n sfer, thereby providing a nuculeus fo r the
new operation:
(143)
Except where prohibited by law, whenever the company transfers operations or departments from any plant(s) cov
ered by this agreement to a vacant plant which is newly acquired or built by the company, employees engaged on
such operations or employed in such departments may, if they so desire, be transferred to the new plant with their
full company seniority.
(144)
When an employer establishes a new location within the geographical jurisdiction of /^specified unionsJ , and re
cruits part of the crew from one of his places of business already under agreement with any of the above-named
unions, all rights as to seniority and as to other provisions of this agreement shall apply to such employees.
(145)
In the event any new plant is created as a result of the reorganization of any existing plant, employees assigned
to work in the new plant shall carry forward their seniority to the new plant.
In som e situations, full sen iority is granted only after a m inim um p eriod of em ploym ent
at the new location :
(146)
A person transferred to work covered by this agreement (1) from another company in the . . . system, or (2) who
has not previously been employed on work now covered by this agreement shall accumulate seniority from the date
o f transfer provided, however, that after a period o f eighteen (18) consecutive months of employment on work cov
ered by this agreement he shall be credited with seniority equal to his total net credited . . . system service.
Varying S en iority.
The grea test num ber of w ork ers w ere cov ered by p rov ision s
which v a ried sen iority ranking a ccord in g to the reason fo r the tran sfer.
The reason o f the tra n sfer appears to have influenced the parties* d ecision on the
d egree o f sen iority to p rov id e.
When the tran sfer involves a large group of w ork ers,
there appears to be a g rea ter readiness to p rovide fo r full sen iority than when single
w ork ers are involved:
(147)
If an employee is transferred from one plant to another at his request, his seniority, shall be cancelled in the
plant from which he was transferred and he shall establish seniority in the plant to which he transferred . . . .
When operations or departments are moved from one plant to another, owned, rented or leased by the company
. . . it is agreed that employees working on such operations or employed in such departments also are transferred,
if they so desire, and shall cany their seniority in their home plant.
E m ployees m ay be cred ited with full sen iority when a tra n sfer o ccu rs at the c o m
pany *s requ est, but m ay be granted le ss than full sen iority if the w ork er h im self r e
quests the tra n sfer:
(148)
An employee who is permanently transferred to an established branch outside a given area at his own request shall
retain his seniority in the branch from which he was transferred for a period of three (3) months. Thereafter, he
shall have seniority in the area where then employed equal to his total length of service in such area, plus a
seniority credit equal to 50 percent of his previous unbroken seniority within the bargaining unit. After an addi
tional nine (9) months' service in such area, he shall be given an additional seniority credit equal to 25 percent
of his unbroken seniority within the bargaining unit prior to his permanent transfer.
An employee who is permanently transferred outside a given area at the request of the company, or who is
permanently transferred to a new branch starting operation, shall retain full seniority credit as is in effect at the
date o f transfer.
46
New E m ployee Status. In som e situations, the tra n sferred em ployee begins his
jo b as a new em ployee fo r pu rposes o f com petitive sen iority , but usually retains his
total length o f s e r v ice fo r certain benefits such as vacations and pensions:
(149)
An employee whose request for transfer of employment to another company plant or branch is granted shall not
have his continuous service with the company broken in so far as such provisions affecting vacations, sick leave,
pensions, etc. are concerned but his seniority rights shall be broken and he must start as a new employee on his
seniority according to the union contract in effect at the plant to which he has transferred.
Only on e -six th o f the agreem ents containing re fe re n ce s to sen iority at the new
location provided fo r a lo ss o f sen iority upon tran sfer.
The agreem ent to lim it sen iority is generally ba.sed on the reason fo r tra n sfe r0
During p e rio d s o f labor su rplu s, a jo b m ay outweigh the disavantages of lost seniority:
(14)
An employee laid off from one plant who is offered and who accepts a job at another plant in accordance with
the foregoing provisions will have the same obligation to report for work there as though he were a laid-off em
ployee at that plant. During his employment at that plant, he will be subject to all the rules and conditions of
employment injeffect at that plants He will be considered as a new employee at that plant for all purposes ex
cept that the ^probationary periodJ provisions . . . will not be applicable, and his plant continuous service for
determining his seniority for purposes of layoff and recall from layoff at that plant shall be no less than his con
tinuous employment at that plant plus 60 days . . . .
On the other hand, the sen iority o f em ployees at the new location m ay be safeguarded:
(ISO)
If the work is transferred to a location at which employees of the company have been working prior to the transfer
of work described herein, then in no case shall any employee exercising the right provided in this article hold
seniority over any employee already at the new location. This provision is understood not to reduce such employ
ee's length of service as distinguished from his "seniority" after exercising such right.
B ecau se a tra n sfe rre d em ployee m ay be the fir s t affected if a layoff o ccu rs at
the new loca tion , it is som etim es provided that total com pany s e r v ice be applied in this
instance:
(108)
When a refinery employee_with two (2) or more years of seniority is transferred to a different refinery, under the
provisions of section (b) /_plant shutdown,/ hereof, he shall be entitled to promotions and demotions on the basis
of his plant seniority in the plant to which he is so transferred and according to the seniority rules in effect at
that plant. However, he shall be entitled to exercise his full company seniority as protection against a layoff.
Like m ost situations that a ffect sen iority , the parties frequently recogn ize the
need fo r continuing review :
(151)
The parties acknowledge that specific /interplant transfer/ situations may arise which may not be covered by the
rules . . . or in which the parties may feel that different treatment of the problem is necessary. Therefore, any
different mutual agreements and/or disputes over these matters shall be submitted to the Central Conference Area
Joint Committee, which committee is hereby authorized to create a standing seniority committee . . . .
M odified S en iority . In a few in sta n ces, the parties developed an arrangem ent
under which sp e cifie d p rop ortion s o f the e m p lo y e e ^ previou s sen iority was to be retained.
By this approach, a form u la m ay o r m ay not give m ore recogn ition to lo n g -s e r v ic e e m
p loy ees:
47
(152)
Any employee transferred to another plant will:
(1) Be credited at the plant to which he is transferred with full service rights other than seniority.
(2) Be credited at the plant to which he is transferred withdepartment seniority and continuous service for displace
ment purposes as follows:
a. An employee with five (5) or more years of continuous service in the plant from which transferred shall be
credited with five (5) years of department seniority in the department to which he is initially assigned, and
five (5) years of continuous service for seniority purposes as of the date of the transfer, and
b. An employee with less than five (5) years of continuous service in the plant from which transferred, shall
be credited with two (2) years of seniority in the department to which he is initially assigned, and two years
of continuous service for seniority purposes as of the date transferred, but in no event in excess of the con
tinuous service accumulated at the prior plant. Such employee shall not receive further credit towards de
partment seniority or continuous service until such time as his master agreement seniority shall exceed the
amount of continuous service credited at the time of transfer.
(153)
. . . Employees transferred to another exchange, office or permanent headquarters due to dial conversion or change
in method of operation will be allowed one-third (1/3) of their local seniority after they have completed a training
and break-in period of no more than three (3) months.
(154)
All local seniority agreements shall be modified to provide the following:
An employee who had 10 years or more of accredited service or seniority at the time of layoff and who accepts a
job transfer under any of the provisions of this part . . . shall be credited with local plant bargaining unit senior
ity at the plant to which he is transferred equal to the period of time which has elapsed since April 1, 1965, up
to a maximum of 2 years. This provision shall not be applicable to plants which were not covered by this agree
ment on March 25, 1965, unless the local union at such plant agrees to make it applicable.
S p ecific dates applicable only in determ ining sen iority status in tra n sfers also w ere m en
tioned:
(124)
The seniority date of the transferred employee at the plant to which he is transferred shall be September 21, 1964,
or his continuous service date as shown on the master seniority list, whichever is later.
(155)
Questions relating to seniority and its administration in determining the filling of vacancies, layoffs, and transfers
in each local plant, provided, however, that:
In the event that the Edgewater, Baltimore, Los Angeles, St. Louis, or Hammond Plant is completely and permanently shut down, any employee of such plant who, as a result of the closing has the option to be transferred to
any of the four remaining plants shall, if he accepts transfer, be granted seniority as of:
March 11, 1960, or his original seniority if later than March 11, 1960, if he transfers between the Edgewater,
Baltimore, Los Angeles, or St. Louis plants, or
August 1, 1962, or his original service date if later than August 1962, if he transfers between Hammond and any
o f the four remaining plants.
W here an e m p lo y e e 1 s right to tra n sfer is recogn ized in the agreem ent, he m ay
e x e r c is e it, as noted e a r lie r , either by filling an existing vacancy or by inter plant b id
ding.
In these c a s e s , som e agreem ents perm it the tran sfer with full sen iority. A n
other p ra ctice perm its em ployees in different location s to exchange position s.
By this
arrangem ent, sen iority ranking b e co m e s somewhat m o re com p lex .
One approach is
shown below :
(156)
When two employees on different divisions desire to exchange divisions they shall, provided they secure consent
of the company and the association, be permitted to do so. The seniority dates o f both employees involved in
such exchange shall be that of the junior employee party to the exchange . . . .
48
W ages in New Plant
One condition of p rim e im portan ce to an em ployee considering a tran sfer is the
wage he w ill r e c e iv e .
M ost con tra cts, h ow ever, w ere silent on this issu e.
The ab
sence o f sp e c ific p ro v isio n s may m ean that certain types of tra n sfe rs, pa rticu la rly those
at the request o f the com pany o r tra n sfers of entire departm ents would not result in a
lo ss of earnings.
L ess than 16 p ercen t of the agreem ents (93) having interplant tran sfer p rov ision s
sp ecifie d how wage prob lem s would be resolv ed .
________________ Maintenance of income provisions
All industries_____ _____ Manufacturing
Provision
Total having income maintenance
provision------------------------ ——
Providing:
Wage rate of new job —— — — ——
Wage rate of former job, for
specified period ——------ ——— ---red c ircle d -------------- ----------- ----Various arrangem ents---------------- ——
Agree
ments
Workers
(in thousands)
Agree
ments
Workers
(in thousands)
Nonmanufacturing
Agree
ments
Workers
(in thousands)
93
538.2
29
193.6
64
344.6
58
307.9
14
55.9
44
252.0
9
18
8
32. 1
129.6
68.7
5
7
3
23.4
105.2
9.2
4
11
5
8 .8
24.4
59.6
O ver 60 p ercen t of these p rov ision s sp e cified that the tra n sferred em ployee would r e
ceive the new jo b rate rather than the rate of his previou s job .
Nine agreem ents sp ecified that the tra n sferee would be paid his old rate fo r a
lim ited duration; 18 provided fo r the retention of the old rate until wage* in cre a se s made
the new rate equal to o r in e x ce ss of the old rate; and 8 agreem ents sp ecified that a
new rate would be applied in som e instances and the old rate in others.
New Wage R ate.
T ra n sfers which require a new rate at the receivin g location
do not autom atically resu lt in a reduced wage.
An em ployee may tra n sfer into a c la s s i
fication that pays m o re , the sam e, or le ss than his p resen t position. Some agreem ents
have p ro v isio n s which involve each of these p o s s ib ilitie s :
(157)
B. Permanent Transfers
1. . . . The wage rate which will be paid in event of a permanent transfer will be established as follows:
a.
Transfer Within the Sgme Wage Rate Area
Such transfer shall be made with no change in the employee's wage status except that wage progression adjust
ments required due to differences in starting rates shall be made . . . .
b.
Transfer to a Lower Wage Rate Area
No change in wage rate except as limited by the provision of paragraph B-3 of this section. Wage increase
increase consideration dates, if any, subsequent to the transfer shall be adjusted so that the transferred em
ployee does not become eligible for the maximum rate in the new. locality earlier than if he had been em
ployed in the new locality.
c.
Transfer to a Higher Wage Rate Area
The employee's transfer rate shall not be greater than he would have been receiving had he been employed
in the new locality.
2. In the handling of transfers, the computation of the employee's transfer rate shall be based on current starting
rates, wage progression and maximum rates in the employee's new location.
3. In any transfer, the employee's transfer wage rate shall not exceed the maximum wage rate of the job classifica
tion involved in the new locality.
49
Continuation o f E xisting W age Rate. In som e ca s e s , the tra n sferred em ployee r e
tained his old rate, even though the job to which he was assign ed m ay pay a low er wage,
The previou s rate m ay not be granted, h ow ever, if it ex ceed ed the m axim um of the rate
range fo r the new position.
In that c a s e , the highest rate o f the new jo b applied.
D is
parities in wage stru ctu res between the two locations w ere com pensated for in som e in
stances:
(65)
Should any operations performed at Wood-Ridge, covered by the bargaining unit represented by £the union]/, be
moved to any other geographical area, each employee with two or more years of seniority whose job is eliminated
will be offered the opportunity to move with his job if his job is performed at the new location.
An employee who accepts such offer will be paid at the new location at the rate of pay he is then receiving; pro
vided, however, that if such rate is higher than the top rate being paid in the new plant for such job he will be
paid at such top rate.
A ch ievem en t o f the prin cipal o b je ctiv e, that is , maintenance o f in com e, was a c
com plish ed in a variety o f w ays.
A continuation of the existing wage rate structure at
the new location was one method:
(39)
This agreement shall apply to all plants operated by /_the company/ and upon the removal of any plant, depart
ment, or division . . . to another location where such operations are continued . . .
or upon the acquisition
of any new plant . . . all the employees affected shall be given or offered employment in the new location or
place according to their seniority and placed in the same status in regard to p a y w a g e s , hours^ and other work
ing conditions as before said removal occurred, and such new plant operated by /_the company/ shall be covered
by all the terms and conditions hereof . . . .
(87)
. . . Where an employer moves outside of the area of this agreement and has no existing terminal or branch,
he shall first offer employment to present employees who are affected or will be affected at the new terminal
at their present rates. Where the employer presently operates a terminal and increases the need for the employ
ees because of the closing of an existing terminal and operates back into the area of the closed terminal, the
employees affected by the closing of the terminal shall have full seniority rights, wages and hours presently en
joyed in the area previously serviced.
Other p ro v isio n s m e re ly stated that the em ployee shall suffer no lo s s in pay:
(158)
Any driver working under the conditions of this contract shall not suffer a loss in wage because of transfer to a
zone or territory within the Chicago Metropolitan Area where the prevailing rate per hour is less than the rate he
is receiving under this contract. This applies to drivers doing only comparable work.
(159)
. . . The transferred employee, or employees, shall suffer no reduction in rate of pay as a result of such
transfer.
(160)
There shall be no reduction in salary or impairment of accrued contract rights as a result of such transfer. This
section shall not apply to persons working under personal service contracts with the employer which provide for
such transfer.
The p eriod fo r which an em ployee retained a red c ir c le rate was not always
sp ecifie d .
In many in sta n ces, how ever, the agreem ents sp e cifica lly detailed the p r o c e
dure fo r elim inating these sp ecia l rates:
(161)
An employee on a personalized
exceeds his personalized rate.
higher classified job and retain
rate. However, if he bids for
rate for that job.
rate shall retain this rate until the
During the time that the employee
his personalized rate if the rate for
a lower classified job he shall lose
rate for the job that he is filling equals or
is on a personalized rate he may bid for a
the higher job is less than his personalized
his personalized rate and take the regular
50
Continuation of Wage R ates fo r a L im ited P e r io d . A few agreem ents guaranteed
the old wage rate for a lim ited p e rio d of tim e, thereby acting as a cushion during the
transition al p eriod .
Varying lengths o f tim e w ere sp ecified , ranging fro m 2 weeks to
1 year:
(5)
An employee transferred from his job to the same job in another plant will be paid his average or his piece work
earnings, whichever is higher, for a reasonable period of tim e, not to exceed two (2) weeks, except in unusual
circumstances, in which case the period shall not exceed four (4) weeks, in order for him to become familiar
with conditions in the plant transferred to.
(162)
Should such transfers become necessary, such employees will be paid a relocation wage differential equivalent to
the difference between their former rate and their new rate for a period of six (6) months following their transfer.
In no case shall the wage differential payment exceed 30 percent of the employee's wage rate in his last regu
lar employment.
(154)
An employee with 10 years or more of accredited service who obtains a job under any of the provisions of this
part . . . shall be entitled to receive the same income differential allowance guarantee he was receiving prior
to layoff for a period of one year from the date of transfer. Following the first year, the employee shall be
subject to the rate retention practices in effect at his new plant.
In a few , the p e rio d varied a ccord in g to the length o f se rv ice :
(66)
In the case of abolition, combination or permanent reduction of a department or the permanent reduction of
personnel in a job, the persons permanently transferred shall have their job rate continued according to the
following schedule unless the rate of the job is higher, then they shall receive the higher rate:
Seniority
Less than 3 years
3 years but less than 5 years
5 years but less than 10 years
10 years but less than 20 years
20 years and over
Job rate to be
contunied for
0 weeks
6 weeks
13 weeks
26 weeks
52 weeks
F low back A rran gem en ts
Seniority Status Upon F low b a ck .
Whether by ch o ice o r n e ce s s ity , em ployees m ay
have to return to the plant fro m which they w ere tra n sferred .
When this o c c u r s , a
question a r is e s as to the w o r k e r 1s sen iority status in the fo rm e r plant.
Should he be
returned with full sen iority, full sen iority only if he has not, been away for an extended
p erio d , no sen iority at a ll, or should his rank depend upon the reason fo r the tra n sfer.
When an em ployee on la y o ff is granted tran sfer rights at another loca tion , he m ay
expect to be re ca lle d at som e stage.
He m ay look upon the tra n sfer as a tem porary
expedient until the tim e o f r e c a ll.
E m ployees at the fo rm e r plant a re not affected by
the r e c a ll sin ce this action is req u ired to fill a vacancy.
In other c a s e s , such as a
plant clo sin g , the right to return is m eaningless unless the plant reopens at a su b se
quent date.
P r o v is io n s con cern ed with sen iority upon flow back w ere included in 238 a g r e e
m ents (table 6).
N in ety-seven agreem en ts sp ecified that total earned s e rv ice in the c o m
pany would be retained fo r an indefinite period in both the old and new plants', 45 p r o
vided that the duration o f sen iority rights varied, depending on the reason for transfer*,
and 80 granted full sen iority only fo r a given period of tim e.
Sixteen o f the 238 a g r e e
m ents, cov erin g only 80,000 w o rk e rs , sp ecified that sen iority would be lo st upon flo w back.
V ariou s approaches w ere em ployed to a fford indefinite full sen iority.
these w ere in the fo r m o f positive statem ents:
Som etim es,
51
(122)
When opportunity arises, an employee involuntarily transferred by the company . . . shall be afforded an oppor
tunity to retransfer to his former job or to another job for which he is qualified at the first exchange from which
he was transferred. The retransfer shall be afforded in accord with seniority limited only by necessary consider
ations of telephone service requirements.
The company will neither engage a new employee nor reengage a former employee with less seniority than the
employee involuntarily transferred . . . for a job which the involuntarily transferred employee can fill in accord
with /_the above paragraph/. . . .
When additions to the work force are required reinstatement shall be offered in the order of seniority to the
extent that the individual can do the work.
Employees who have transferred in lieu of layoff shall have opportunity for retransfer before former employees
of lesser seniority are reinstated or new employees are engaged. . . .
(163)
Employees laid off at their home plant of a company desiring employment in other new existing plants of such
company will be offered employment in such other plants of the company . . .
Thesenior employee . . .
will be given preference in such cases at the time the opening occurs for such jobs.
When so hired, such employee will accumulate plant seniority at both his home plant and the other plant and
his service at the other plant will be counted for vacation and pension purposes.
Such employee must return to his home plant in the event of a recall or lose all seniorityaccumulated at the
home plant.
Other situations w ere som etim es contingent upon the tran sfer of operations to the
origin al plant:
(54)
Should any department currently operating in the J designated/ plant be eliminated and moved to a new plant
_
operated by /_the company_/ within a fifty (50) mile radius . . . the employees performing the eliminated job
classification will be given the opportunity to transfer . . . taking their full seniority with them. At that time
they would relinquish their seniority rights
at the old plantJ . Should the new facility subsequently close and
the operation be transferred back . . . the employees' . . . seniority will be restored.
F low back rights often w ere lim ited to a stated period.
A reasonable tria l period
fo r adjustm ent usually was given to the em ployee, but if either party d esired a transfer
back to the previou s location , it gen erally had to be com pleted within a sp ecified period:
(69)
When an employee is transferred to another department or plant, the employee may return to his original depart
ment within sixty (60) days if there is work available. During such sixty (60) day period, the company shall
have the right to return such employee to his original department if his performance is unsatisfactory.
The rights to return to the origin a l plant also w ere lim ited to sp e cifie d durations.
C onsiderable variation was found in the length of this period:
(164)
When a branch, terminal, division or operation is closed and the work . . . is eliminated, an employee who
was formerly employed at another branch, terminal, division or operation shall have the right to transfer back
to such former branch, terminal, division or operation and exercise his seniority on date of hire at the branch,
terminal, division or operation into which he is transferring provided he has not been away from such original
terminal for more than three years.
(165)
In the event of a transfer (other than by reason of a reduction in force) on the company's initiative or a promo
tion of an employee in the bargaining unit to a bargaining unit job in the same or a different line of promotion
in a location or in the same or a different line of promotion in a different location, the transferred or pro
moted employee shall maintain his job seniority in his old job for a period of three (3) years. Within the first
six (6) months following such transfer or promotion he shall, if he so desires, be permitted to return to his old
job. If he elects within the first six (6) months to return to his old job or if he should be retransferred on the
company's initiative within three (3) years following such transfer, his job seniority shall be completed by allow
ing all time spent in the transfer job.
52
When m ore than one cause created flow back rights, it was found that the duration
of these rights varied with the reason fo r tran sfer:
(166)
A /^laid o f f / employee who accepts available work at another plant . . . shall be a new employee in the
plant in which he accepts such work. On being recalled to his former plant, he shall have full seniority rights
with accumulated seniority, but shall have no seniority rights in the plant from which he was recalled. . . .
An employee who is transferred either by the corporation or at his
sented by the union to another such unit shall start work as a new
ferred and shall retain his seniority in the former unit for a period
time of such transfer, or for twelve (12) months, from the date he
own request from one bargaining unit repre
employee in the unit to which he is trans
of time equal to the seniority he had at the
last worked in said unit whichever is longer
An employee transferred pursuant to the terms of this paragraph shall not return to his former unit unless and
until he is laid off . . . .
If when so laid off, his seniority in his former unit has not terminated, he may
elect (1) to remain on layoff at the unit and in such case his seniority at all former units shall terminate, or
(2) to return to his former unit with full accumulated seniority and in such case his seniority at the new unit
shall terminate. If he makes no election, he shall retain seniority in his former unit and lose seniority in the
new unit.
The rea son s fo r tra n sferrin g varied the sen iority status o f the 2. 2 m illion w ork ers
involved, as shown below :
Agreements
Workers
(in thousands)
Preferential h ir in g ---------- --------- ------——
Seniority lost upon flowback —--------- ----Seniority maintained for given p e rio d ------Full seniority r e ta in e d ------------------------Seniority v a r ie s ---------------------------------
157
7
50
64
36
1,933.1
64.2
457.9
947.5
463.5
Displacement and la y o f f ---------------- --------Seniority lost upon flowback -----—--------Seniority maintained for given p e rio d ------Full seniority retained----------------- ;— ---Seniority varies —-------------------------------
166
7
53
68
38
1,843.6
57.5
445.7
885.4
455.1
Transfer of operations ----------------------------Seniority lost upon flowback -----------------Seniority maintained for given p e rio d --- —
Full seniority r e ta in e d -------------- *--------Seniority v a r ie s------ -—---------- ----------
99
6
50
25
18
1,343.9
40.9
481.1
642.0
179.9
Staffing new plants -------------------------------Seniority lost upon flowback *-----------------Seniority maintained for given p e rio d ------Full seniority re ta in e d ------------------------Seniority v a r ie s ----------—------------------
78
3
43
15
17
1,087.8
10.0
439.7
436.2
202.0
Reason for transfer
P ro v isio n s which stated that sen iority was com p letely lo st at the origin al location
w ere not w idespread.
In som e a greem en ts, lo ss o f sen iority was im plied when the e m
ployee perm anently left the bargaining unit:
(167)
An employee, not on layoff from the bargaining unit, who accepts employment with the company at a plant
or location not covered by this agreement, shall forfeit all seniority rights.
(168)
Any employee who is transferred from one location to another location in a different bargaining unit shall
immediately have the same retention credit status at the location to which transferred as he had at his former
location, and he shall no longer have retention credit at the location from which transferred.
Other situations that affected sen iority did not always sp ecify the underlying pu r
p oses o r cau ses:
53
(169)
. . . In the event that an employee is transferred after July 18, 1961, on a permanent basis to an occupation
outside the Springfield plant, he shall lose all his seniority.
(170)
. . . Transferred employees shall carry their total accumulated seniority with them.
Their total accumulated seniority after such transfer will then be applicable only in the plant to which trans
ferred, except as provided/. . . .
An employee having seniority of ten (10) years or more shall, for the purposes of layoff and recall from layoff,
have seniority rights in his job classification in other plants covered by this agreement, provided, however, that
if transferred to another plant as a result of such seniority rights, the employee^ plant-wide seniority rights shall
apply only in the plant to which he is so transferred, unless at some future date he may be subject to layoff.
Flow back R igh ts.
One of the conditions an em ployee would want to con sid er when
making a d ecision to tra n sfer is whether and with what consequences he m ay return to his
fo rm e r location .
Having the knowledge that in case of a layoff he can secu re em ploym ent
at another of the com pan y's loca tion s, the. question is raised as to whether this m ove
w ill a ffect his opportunities when jo b s again are available at the fo rm e r location .
Of the
586 agreem ents having interplant tran sfer p ro v isio n s, 222 agreem ents cov erin g ov er 2
m illion w ork ers dealt with this question.
F o r the m ost part, these p rov ision s w ere not
p r e c is e .
F o r exam ple, prov ision s coverin g ov er 1 m illion w ork ers did not sp ecify the
duration o f these righ ts, w hereas over 900, 000 w ork ers w ere cov ered by p rov ision s in
which duration o f flow back rights varied , depending upon the circu m sta n ces.
Slightly over
100, 000 em ployees w ere co v e re d by p rov ision s giving a sp ecific period of tim e in which
the em ployee would have the right to return.
The tim es sp ecified in these instances w ere
as follow s:
Length of time
1 m on th -----------------------------------------------2 months ----------------------------3 months ----------------------------------------------6 months ----------------------------------------------1 year --------------------------------------------- * —
18 months --------------------------------------------2 y e a r s -------------------------------------------------3 y e a r s --------------------------------------------------
Agreements
Workers
(in thousand^)
3
2
5
7
2
1
7
4
3 .4
5 .5
11.3
19.1
7.6
6.3
45.3
17.8
One o f the m a jor difficu lties confronting an em ployee was a tran sfer which r e
quired reloca tion o f a household.
If the tran sfer is within the same com m uting area,
then flow back rights presen t m uch le ss con cern to the em ployee than if his d ecision r e
qu ires m ovem ent o f his household.
A d ecision to return em braced the same problem .
In addition, his earnings w ere protected only if he accepted the highest rated job offered
through a tra n sfe r, and if a low er rated job was made available at the old location , the
question a ro se as to which ch oice to m ake.
F low back rights gen era lly m ay be e x e rcise d fo r a variety o f reason s: P erson a l,
inability to qualify fo r a jo b , la yoffs at new location , r e c a lls , etc.
H ow ever, due to the
in p recise language of the p ro v isio n s, the B ureau's determ ination was confined to whether
the rights existed and not p r e c is e ly how those rights w ere invoked.
F low back rights w e re , at tim es, stated in a manner which did little m ore than in
dicate their ex iste n ce .
R efe re n ce s to these rights w ere found in situations in which s e
n iority was lo st at the new location when flow back was ex ercised :
(171)
Transferred employees who accept recall to any other location of the company covered by this master agreement,
under the terms of such location^ recall procedure, shall lose seniority at the plant to which he was transferred
under the provisions of this article, and shall work a minimum notice period of five (5) working days before re
turning to the previous location.
54
Although som e agreem ents perm it a tran sferrin g em ployee to retain the sen iority
he earned in the plant fro m which he m oved, this m ay be lost if he declined to return
when em ploym ent was available again:
(172)
Such employees of a unit or plant, who are hired in another unit or plant, shall be considered as new employ
ees in that unit or plant for purpose of seniority. Such employees shall not forfeit their seniority rights in the
unit or plant from which they were laid off, unless they reject recall to the plant from which they were origi
nally laid off.
B ecause tra n sfers m ay o ccu r not only by a lack of em ploym ent but a lso by the
need o f other plant loca tion s, the opportunity to tran sfer back is g en erally provided. In
this illu stration , the right is available to only lo n g -s e r v ic e em ployees:
(173)
An employee in the bargaining unit who transfers out . . . to an off-site missile base and who has five (5) or
more years seniority at time of regression may be returned . . . to the highest occupation he is " capable of
performing," displacing an employee . . . with less seniority.
The right to flow back m ay depend upon the reason for the tra n sfer.
This was the
situation fo r ov er 900,000 w ork ers.
Thus, a tim e lim it m ay be sp ecified under certain
circu m sta n ce s, but no lim it im posed in others:
(87)
Opening new branches
. . . The transferred employees shall for a period of thirty (30) days following the transfer, have an unquali
fied right to return to their old terminal and carry with them their seniority.
Closing of branches
When a branch or terminal is closed and the work . . . is eliminated, an employee who was formerly em
ployed at another branch or terminal shall have the right to transfer back and exercise his seniority based on
the date of hire at the branch or terminal unto which he is transferring.
Again, the p rov ision s m ay not requ ire any action of the em ployee or they m ay requ ire a
request to return:
(174)
. . . When an employee in a given department in one plant is to be laid off . . . following such a layoff,
the least senior employee or employees . . . will be shifted from one plant to another to restore the proper
balance if necessary. Employee's refusal to accept such a shift from one plant to another, shall be deemed a
voluntary resignation without severance pay. An employee accepting such a shift from one plant to another,
will be returned to his original plant in order of seniority when recalls are made. However, an employee who
was shifted from one plant to another as a result of the physical relocation of work and who requests such return,
will be returned to his original plant in order of seniority when recalls and new hires are made.
At tim es, the com pany and the em ployee could e x e r cis e flow back rights within a
definite tim e lim it:
(138)
An employee who is permitted to transfer to another unit or permitted to transfer to another department within
a unit may return voluntarily or be returned by the company at any tim e, and for reason, prior to having
worked forty-five (45) days in the new unit or department. On such a return his seniority for time worked in
the new unit or new department shall be credited to his accumulated seniority in the unit or department to which
he returns.
Chapter IV.
Relocation Allowances
P rev a len ce
P ro v is io n s that requ ire a com pany to pay all o r a part o f the co sts o f reloca tion
w ere included in 202 (34, 5 percen t) o f the 586 m a jor co lle ctiv e bargaining agreem ents
having interplant tra n sfer cla u ses and applied to 2. 1 m illion (60. 1 percent) o f the
3. 4 m illion w o rk e rs involved.
Of the 342 manufacturing agreem ents having interplant
tra n sfer p ro v isio n s, 28.9 percen t contained reloca tion allow ance cla u ses, applying to
64. 6 percen t o f the w ork ers co v e re d by these p ro v isio n s.
In nonmanufacturing,
42. 2 percen t o f the 244 agreem ents having interplant tran sfer p rov ision s had these
cla u ses, applying to 5 3 .6 percen t of the w ork ers (table 7).
The re lo ca tio n allow ance p rov ision s w ere m ost prevalent in two manufacturing
industries— p rim a ry m etals and transportation equipment— w here problem s of d isp la ce
ment and perm anent la yoff due to plant closin gs and reloca tion s have been o f im portance
in the p ost-w a r period, and in three nonmanufacturing industries— transportation (p r i
m a rily trucking), u tilities, and com m unications— where the nature o f business operations,
o r changes in the demand fo r s e r v ic e s , make frequent tra n sfers o f p erson nel n e c e s
sary. 10 Although these five industries accounted fo r le ss than on e-h a lf the m a jor a g re e
m ents having interplant tra n sfer p rov ision s, and slightly le s s than seven-tenths of the
w ork e rs so co v e re d , they accounted fo r m ore than th ree-fou rth s o f all reloca tion a llow
ance cla u ses, and n early nine-tenths of the p rotected w o rk e rs.
By com p a rison , re loca tion allow ance p rov ision s w ere ra re o r nonexistent in many
industries.
A num ber of p o ssib le explanations m ay be advanced fo r these low p rev a
le n ce s.
In industries having rela tively stable em ploym ent, unions m ay have elected to
em phasize other em ployee benefits*
In som e industries, such as apparel and retail
trade, tra n sfe rs are usually to another shop o r store in the lo c a l area and requ ire no
change o f re sid e n ce .
In industries with a predom inately fem ale w ork fo r c e , em ployees
m ay lack in terest in tra n sferrin g to other a rea s.
(M arried wom en n orm ally cannot
tra n sfe r becau se o f their husbands1 em p loy m en t.) Some con cern s m ay handle reloca tion
allow an ces on an in form al b a s is ; the absence o f a form a l clause does not, o f cou rse,
m ean that re lo ca tio n benefits are never paid.
Although about 25 national o r international unions w ere in the 202 agreem ents
having re lo ca tio n benefits cla u ses, the bulk (7 3 .8 percen t), cov erin g nearly 90 percent
of the w o rk e rs , w ere negotiated by six unions whose m ain areas of organization clo se ly
re fle cte d the con cen tration o f reloca tion clau ses by industry.
T hese six unions also
accounted fo r m o st o f the interplant tra n sfer p rov ision s, by only 36 p ercen t o f the
agreem ents and 44 percen t o f the w ork ers in the 1,823 agreem ents analyzed.
Total referring
to interplant
transfer
Union
Agree
ments
All unions ---------—
Steelworkers
--- -----------Auto workers ------- ----——Teamsters--------—------ ——«
Electrical workers (IBEW)——
Communications workers ----Machinists ------ —
All other unions------ —------
Workers (in
thousands)
____ Total referring to relocation allowance
Number
Agree
ments
______Percent
Workers (in
thousands)
Agree
ments
Workers (in
tho wands)
3,44 4 .8
63
43
270
202
2,078.1
34.5
60.3
481.7
871.6
498.5
127.9
318.5
166.8
979.9
41
29
30
23
19
7
53
430.6
737.7
351.2
77.1
169.3
76.9
235.4
65.1
41.4
41.1
53.5
46.3
26.9
19.6
89.4
84.6
70.5
60.3
53.1
46.1
24.0
NOTE: Because of rounding, sums of individual items may not equal totals.
10 Mergers and consolidations in the transportation industry also have created displacement problems.
55
56
Like interplant tra n sfer p ro v isio n s, reloca tion allow ance p rov ision s w ere found in
a g rea ter prop ortion of agreem ents cov erin g 5, 000 w ork ers o r m ore than in sm aller
ones, as the la rg e r agreem ents w ere m o re likely to apply to m ore than one plant.
The m a jo rity of relo ca tio n allow ance prov ision s w ere found in agreem ents p e r
taining to production and m aintenance (b lu e -co lla r) w o rk e rs.
This is not su rprising,
since these agreem ents made up the bulk of those studied.
H ow ever, as the tabulation
below in dicates, the prop ortion of agreem ents providing reloca tion allow ances to b lu eco lla r w ork ers in interplant tra n sfe rs also exceeded the prop ortion providing sim ila r
benefits to the three w h ite -c o lla r groups com bined.
Total agreements
having interplant
transfer provisions
Occupational group
Number
Total agreements
having interplant
allowance provisions
Number
Percent
All groups------------------ -------
586
202
34.5
Plant and maintenance —------ --------- -
479
173
36.1
All white collar------- ---------- —-----Professional and technical - —------ C lerical----- ---------- ----------------S a le s -------------------------------------
155
14
93
48
45
7
32
6
29.0
50.0
34.4
12.5
NOTE: The figures are nonadditive because some agreements applied to more than 1 occupational group.
Source o f Paym ent
M ost of the agreem ents did not sp ecify the sou rce of the funds fro m which r e lo
cation allow ances w ere to be paid.
T w en ty -six agreem ents, how ever, provided fo r a
separately negotiated fund.
A ll o f these w ere in m anufacturing, particu larly in industries
organ ized by the S teelw ork ers, Auto W ork ers, and the m eatpacking unions.
These w ere
usually m ultipurpose funds fro m which supplemental unem ploym ent and separation benefits,
as w e ll as reloca tion ben efits, w ere paid:
(124)
. . . moving expenses shall be charged against the Automation Fund. In the event, however, that there is
insufficient money left in the Automation Fund, the company shall pay the moving expenses in accordance with
the above schedule.
(175)
An employee who is assigned a job at a new location . . . will receive a relocation allowance from the SUB
Fund promptly after the commencement of his employment at the plant to which he is relocated . . . .
A pplicability of R eloca tion A llow ance P ro v ision s
S cop e. As the precedin g chapter on interplant tra n sfers indicated, about on equarter o f the interplant tra n sfer p rov ision s lim ited these tra n sfers to m ovem ents
between sp e c ific plants, o r within s p e cific geographical reg ion s, rather than perm itting
u n restricted o r com panywide em ployee m ovem ents.
These lim itations also applied to
reloca tion allow ances.
Of 140 agreem ents sp e cifica lly lim iting interplant tra n sfers to le s s than a c o m
panywide b a sis, only 40 (2 8 .6 percent) provided for reloca tion allow an ces.
H ow ever,
these 40 agreem ents co v e re d o v e r tw o-th irds of the affected w ork e rs .
By com parison ,
162 o f the 436 agreem ents having no sp e c ific lim itations on tra n sfers within the com pany
also provided fo r reloca tion allow ances, and applied to 5 6 .8 percen t of the w o rk e rs.
One rea son fo r the low er prevalen ce o f reloca tion allow ance cla u ses in agreem ents
lim iting interplant tra n sfe rs m ay be that they tended to r e s tr ic t interplant m ovem ents to
plants within reason able com m uting dista nces.
57
A number o f the tra n sfer prov ision s in these agreem ents also applied to in ter
com pany tra n sfe rs, but no clau ses sp e cifica lly ca lled fo r payment of reloca tion allow
ances.
Total referring
to interplant
transfer_____
Applicability
All arrangements—
Less than companywide—.Companywide——
—
Inter- and intra-company
Inter-company only ——
Agree
ments
Workers (in
thousands)
Total referring to relocation allowance
_____ Number______
_____ Percent
Agree
ments
Agree Workers (in
ments thousands)
Workers (in
thousands)
586
3,444.8
202
2,078.1
35.5
60.3
140
348
88
10
1,159.3
1,532.1
704.4
49.0
40
122
1 40
806.9
807.6
463.7
28.6
35. 1
45.5
69.6
52.7
65.8
* The relocation allowances provided in these agreements were available only in the case of intra
company transfers.
NOTE: Because of rounding, sums of individual items may not equal totals.
C ircu m sta n ces o f T r a n sfe r .
Since reloca tion benefits m ay represen t a significant
com pany expenditure, all 202 agreem ents sp ecified the kinds o f tra n sfers approved fo r
payment.
T hese w ere c la s s ifie d into one or a com bination of the follow ing: (1) T ra n s
fe r s resulting fro m displacem ent o r layoff, (2) tra n sfers at the request of or fo r the
convenience o f the com pany, and (3) tra n sfers at the request o f the em ployee. 1
1
Applicability
Agreements
Workers (in
thousands)
Allowance applicable in—
Displacement and layoff—-------Company convenience —--------Employee request--- --------------
133
75
8
1, 755. 9
302.8
62.1
NOTE: Nonadditive, as some agreements provided for payment of re
location allowances under more than 1 type of situation.
In n early tw o-th irds of the 202 agreem ents, the clau ses re fe rrin g to com pany
payment of re lo ca tio n expenses w ere applicable when the tra n sfer o f em ployees among
plants was the resu lt o f displacem ent o r layoff.
In 124 agreem ents, involving alm ost
1.7 m illio n w o rk e rs, this was the only condition indicated; an additional 9 agreem ents
cov erin g 85, 000 w o rk e rs included it in com bination with a com pany o r em ployee request.
The follow in g are exam ples o f agreem ent language requiring payment of m oving
benefits in displa cem en ts and la yoffs.
D etails generally w ere indicated in the interplant
tra n sfer p ro v isio n s and thus w ere not repeated in the reloca tion allow ance cla u ses:
(100)
An employee shall be eligible for a relocation allowance provided that:
He is engaged on an operation or employed in a department which is transferred on or after January 1, 1962,
from one plant . . . to another plant . . . of the corporation and he transfers to the new plant pursuant to
the section of the collective bargaining agreement relating to transfer of operations between plants . . . .
11 These categories are not necessarily mutually exclusive. For example, an employee transferring "at the request of the
company" may be avoiding a displacement or layoff. Most of the provisions did not specify the wide variety of transfer situa
tions that may be encountered.
58
(176)
An employee with ten (10) years or more of seniority on continuous service who accepts employment under this
/_ section/ at least 50 miles from the plant from which he was laid o ff and who changes his permanent residence
as a result thereof will receive a relocation reimbursement allowance under this program promptly after the com
mencement o f his employment at the plant to which he is relocated . . . .
(108)
In the event o f permanent refinery shutdowns, when an employee exercises the continued employment privilege
and thereby is compelled to move, the employer will pay the cost of moving as defined and limited in section
3 hereof.
(177)
An employee who is employed . . . in a plant at least 50 miles from the plant from which he was laid off
and who changes his permanent residence as a result thereof will receive a relocation allowance from the fund
promptly after the commencement of his employment at the plant to which he is relocated . . . .
A sign ifican t prop ortion (37 percent) of
cation allow ances when the tra n sfer was made
of, the com pany.
In 62 o f these a greem en ts,
payment, w h ereas an additional 13 agreem ents
quest as w ell.
the agreem ents requ ired payment of r e lo
at the request of, or fo r the convenience
this was the only condition sp ecified fo r
sp ecified displacem ent o r em ployee r e
C lauses providing fo r reloca tion benefits in tra n sfers at the company* s request
w ere found m ost frequently in agreem ents in the com m unications and u tilities industries,
where m ass la yoffs are infrequent, but w here individual em ployees often are shifted from
one location to another in the co u rse of norm al operation s.
F ifty -fo u r of the 75 clau ses
w ere applicable in these two in du stries, 6 w ere in other nonm anufacturm g agreem ents,
and only 15 w ere sca ttered among the various manufacturing industries.
The follow in g are represen ta tive of clau ses providing fo r payment of reloca tion
benefits in tra n sfe rs at the em ployer* s request.
As is usual in these cla u ses, the
s p e cific rea son s fo r the em ployer* s request are not indicated:
(105)
When the company initiates a transfer o f an employee to a different exchange, moving expenses shall be borne
by the company.
(73)
If an eligible employee is transferred at the request o f the company, from a job in the bargaining unit to an
hourly rated job in another plant o f the company he shall receive a moving allowance . . . .
(178)
If the headquarters o f an employee is changed at the company's request and it is necessary to change his resi
dence, the company will pay the necessary moving expenses upon receiving a receipted moving bill from the
employee . . . .
Although relo ca tio n allow ance cla u ses appeared in o v er o n e-th ird of the m a jor
agreem ents stipulating interplant tra n sfers at the em ployer* s request, it is lik ely that
som e o f the com panies without fo rm a l cla u ses paid all o r part of the expenses of
em ployees tra n sferrin g under these con ditions; either as a m atter of custom , o r through
in form a l arrangem ents o r understandings with the unions involved.
Only a sm all num ber of allow ance clau ses provided fo r payment o f benefits when
the tra n sfer was m ade at the request o f the em ployee.
Although 114 o f the interplant
tran sfer p rov ision s studied (cov erin g alm ost 1 m illion w ork ers) indicated that em ployees
m ight be perm itted to tra n sfer at their own request, only 8 agreem en ts, involving
62,000 w o rk e rs, req u ired any com pany payment o f reloca tion allow ances o r ben efits.
Usually, the em ployee qualified fo r fu ll benefits only if the m ove rep resen ted a s u c c e s s
ful bid o r a prom otion :
(179)
An employee who is transferred from one headquarters to another as a result o f job bidding shall be paid at
the regular rate o f pay for reasonable travel time, moving expenses, meals and lodging en route, as determined
by the company.
59
(180)
If an employee is required to move because o f a promotion for which he has made application, the company
will pay actual moving expenses up to one hundred thirty dollars ($130). In the application o f this paragraph
a transfer from lineman to serviceman shall be considered as a promotion.
T ypes o f T ra n sfe rs E xcluded F rom Paym ent of R elocation B en efits.
As noted
above, agreem ents providing fo r re loca tion benefits in tra n sfers at an employee* s r e
quest w ere ra re .
It was m o re com m on to find cla u ses stating that these expenses would
not be reim b u rsed :
(181)
If an employer changes his present operation, and in so doing requires an employee to change his residence,
then in such case, the employer shall make provisions for moving such employee's household goods. This
provision shall not apply to moves . • . where an employee changes his residence as a result o f a voluntary
transfer.
(182)
When an employee requests a change o f headquarters, the expense involved in such change shall be borne by
the employee.
A rela tiv ely sm all num ber o f agreem ents s p e cifica lly withheld the allow ance when
the m ove was m ade under other circu m sta n ces, such as in discip lin a ry tra n sfers, v o l
untary tra n sfe rs back to the origin a l plant, and even tra n sfers to avoid layoff:
(183)
Employees transferred permanently, to a new headquarters, with the exception o f employees transferred for
disciplinary reasons, shall have their reasonable moving expenses reimbursed.
(116)
No relocation allowance shall be payable to any employee who is relocated under the provisions o f this section
with respect to any subsequent relocation to his original plant as a result o f his recall to employment at such
plant.
(184)
. . . An employee who is transferred to another location in his unit to avoid being laid off, shall pay his
own moving expenses . . . .
The employee demoted on account o f incompetency shall pay his own return
moving expenses.
D eterm ination o f E m ployee E lig ib ility
In addition to the m o re general ru les denoting conditions o f tran sfer under which
payment would o r would not be paid, m ost reloca tion payment cla u ses contained rules
for determ ining the e lig ib ility o f individual em ployees fo r ben efits.
T hese ru les gen
era lly w ere designed to m in im ize o r elim inate the company* s obligation to bear e x c e s
sive o r u n n ecessa ry m oving co s ts , o r to lim it payment to those em ployees m ost lik ely
to rem ain perm anently with the fir m .
E ligibility rules com m only applied in tra n sfers
resulting fro m displa cem en t and layoff, and w ere rela tiv ely ra re in cla u ses specifying
tra n sfer at the company* s request.
M inim um D istance R equ irem en ts. A lm ost tw o-th irds of the agreem ents providing
fo r m oving benefits estab lish ed a m inim um distance requirem ent.
This requirem ent was
designed to exclude fro m con sidera tion m ov es to plants within a reasonable com m uting
distance.
T ra n sfe rs within this distance would not im pose a financial hardship on the
tra n sfe rre d em ployee, and a change o f resid en ce would be m ore fo r convenience than
n ecessity .
Minimum distance requ irem en ts w ere m uch m o re prevalent in cla u ses involving
tra n sfers n ecessita ted by displacem ent o r layoff than in those at com pany request.
Since m inim um distance requ irem ents w ere n orm ally based on distances between
plants, rather than the distance o f the actual resid en tial m ove, an em ployee m ight
qualify fo r re loca tion benefits under som e circu m sta n ces without actually m oving to a
60
new address.
To guard against these possibilities, many agreements specified that the
employee must change his permanent residence to be eligible for benefits.
U sually, the m inim um distance that qualified an em ployee fo r an allow ance was
50 m ile s , although som e cla u ses sp e cifie d a le s s e r distance:
(17)
Any employee whose seniority is transferred to another plant o f the company . . . shall be paid a relocation
allowance . . . if
the plant to which the employee is transferred is at least fifty (50) miles from the plant from which his seniority
was transferred; and
as a result o f such transfer he changes his permanent residence . . . .
(185)
Where any employee is required, through no fault o f his own, to change residence in order to follow employ
ment as a result o f an approved change o f operation, the employer shall move the employee and assume the
responsibility for proven loss of, or damage to, household goods due to such move, or pay his moving expenses,
including insurance against loss or damage. This shall not apply to moves within the 75-m ile radius as defined
in the peddle run provision except where by past practice and agreement, a greater or lesser radius has been
agreed to . . . .
(186)
When the permanent headquarters o f an employee are changed at the company's request and he decides to move
his residence in consequence thereof, the company will pay the mutually agreed upon moving expense incurred
within a reasonable period o f time after such change o f headquarters, if the distance from the employee's old
headquarters to his new headquarters exceeds fifteen (15) road miles, unless the employee already lives nearer
the new headquarters than the old headquarters.
Length of S erv ice R equirem ents.
Although length o f s e r v ice was often a fa ctor
in establishing an em ployee* s rights in interplant tran sfer p rov ision s, it was ra re ly a
ba sis fo r determ ining elig ib ility fo r reloca tion benefits.
The follow ing is illu strative of
the few cla u ses encountered that s p e cifica lly lim ited benefit payments to sen ior e m
p loy e e s:
(154)
An employee with 10 years or more o f seniority or accredited service who accepts employment under this
/_section_/ at least 50 miles from the plant from which he was laid off and who changes his permanent residence
as a result thereof will receive a relocation allowance (as a reimbursement for actual moving expenses) under
this program promptly after the commencement o f his employment at the plant to which he is relocated. . . .
F requ en cy o f P aym ent. Some m anufacturing agreem ents lim ited the employee* s
elig ib ility fo r relo ca tio n allow ances to a single m ove within a sp e cifie d tim e p eriod .
The purpose o f a few cla u ses was to d iscou rag e frequent o r u n n ecessary tra n sfers at
company expense w here these m oves m ight be p ossib le under interplant bidding p r o
v ision s:
(145)
If a pipe line employee is transferred as a result of bidding on any posted job vacancy, the company shall allow
to him the reasonable cost o f transportation for himself, his family, and household effects only once in any con
secutive calendar twelve (12) months, unless subsequent transfers are to a higher classification.
Other cla u se s, negotiated p rim a rily with the S teelw ork ers,
o f paid m ov es resu ltin g fro m displacem ent o r layoff:
(177)
lim ited the frequency
Only one relocation allowance, as covered by this section, shall be allowed an employee in any twelve (12)
month period.
61
N eed o r H ardship R equirem ent. One agreem ent indicated that the elig ib ility of
the tra n sferrin g em ployee would be determ ined by the com pany on the ba sis of need or
hardship:
(187)
. . . Where lines are transferred from one garage, car house or division to another, and then transferred within
two years, the operators who came with the line must go with the line. Where such consolidation or amalgamation
causes undue hardship and the employee shows cause, the company agrees to pay for reasonable moving expenses
incurred by the employee in following his work.
Computing R eloca tion A llow an ces
V irtually all the agreem ents having reloca tion allow ances sp ecified the d ollar
amounts to be paid, the expenses cov ered , or both.
C lauses providing fo r lum p-sum
payments usually establish ed a range of predeterm ined amounts based on a com bination
of distance and m a rita l status.
C lauses providing payment o f actual expenses usually
enum erated those subject to payment and, in addition, set upper lim its on the company* s
obligation to pay.
Lum p-Sum P aym en ts.
The fir m 1 s sim plest m eans of m eeting its reloca tion
benefit obligations is through the payment of predeterm ined lump sum s.
This method
has, se v e ra l advantages and one im portant disadvantage.
It is easy to adm inister,
req u ires a m inim um o f bookkeeping, fa cilitates payment to the em ployee, and avoids the
problem o f determ ining the sp e c ific expenses that are com pensable.
The m a jor d is
advantage lie s in the lack o f relationship to actual expen ses; the firm m ay make o v e r
payments to som e tra n sfe re e s and underpayments to oth ers.
To partially o v e rco m e this
disadvantage, lu m p-su m paym ents are usually based on a com bination of distance and
m arita l status.
P red eterm in ed lu m p-su m paym ents w ere requ ired in ov er tw o-fifth s o f the r e lo
cation allow ance p ro v isio n s.
V irtually a ll w ere found in m anufacturing agreem ents,
pa rticu la rly in those negotiated by the Steelw orkers and the Auto W ork ers.
Usually, as
in the follow in g exam ples, a table was used, m ileage was ex p ressed as a range; and the
em ployee was paid a flat amount based on his m arital status and the distance of his
m ove.
The num ber o f dependents was not a fa ctor:
(136)
An employee accepting an interplant transfer under the provisions of this agreement will be eligible to receive an
allowance towards their moving expense as follows:
Distance between
Single
Married or
head of
household
None
$40
70
100
125
150
None
$150
235
325
410
500
former plant
and new plant
0-24 - ..........................—
25-99--------------------------100-299............................
300-499----------------------500-999..... ......................
1,000 and u p ---------------
(89)
The amount of the relocation allowance will be determined as follows:
Allowance for
Miles between
plant locations
50-99 ..........................
100-299 ......................
300-499 ......................
500-999 ......................
1.000 or over ---------
Single
employees
$170
200
250
320
370
Married
employees
$445
495
570
700
795
62
(188)
The amount of relocation allowance will be determined in accordance with the following:
_________ Allowance for___________
Miles between
mine locations
50-99..............................
100-299..........................
300-499..........................
(176)
Single
employees
Married
employees
$130
150
180
$380
420
490
The amount of relocation reimbursement allowance will be determined in accordance with the following:
Allowance for
Miles between
plant locations
50-99..............................
100-299.........................
300-499..........................
500-999..........................
1,000-1,499 ................
1,500-1,999 ................
2,000-2,499 ................
2,500-2,999 ................
3,000 or m o re -----------
Single
employees
Married
employees
$250
350
450
550
650
750
850
950
1000
$100
125
150
200
250
300
350
400
450
Paym ents to m a rrie d em ployees o r heads of households ord in a rily w ere fro m
2 to 3 tim es those to single em ployees fo r a given distance.
The m axim um amounts,
paid to m a r r ie d w o rk e rs m oving the g reatest sp ecified dista nces, ranged fro m $200 to
$ 1 ,0 0 0 ; $580 and $940 w ere the m ost com m on fig u re s.
A $500 m axim um was the
pattern in food (m eatpacking), $580 in transportation equipment, and $940 in prim ary
m eta ls.
M axim um paym ents o f o v e r $940 o r under $500 w ere ra re ; the fo r m e r o c c u r
ring in a few S te e lw o rk e rs-ca n m anufacturers agreem ents and the latter in the handful
o f nonm anufacturing agreem ents providin g fo r lum p-sum paym ents.
Intervals
Agreements
Workers (in
thousands)
Total referring to relocation allowances —
202
2,078.1
88
1,280.5
Total lump-sum provisions — ---------------------------Maximum amounts:
2
18.8
$200-$299— .....................................................
3
13.0
$300-$399-............................ ..........................
1
3 .0
$400-$499.........................................................
841.1
46
$500-$599---- ------------------ -----------------------$600-$699------------------- ------------------------- 1
2 .5
$700-$799----------------------------------------------•
$800-$899----------------------------------------------33
373.9
$900-$999----------------------------------------------2
28.4
$1,000-$1,999---------------------------------------NOTE: Because o f rounding, sums o f individual items may not equal totals.
In addition to agreem ents based on the d ista n ce-m a rita l status form u la, a few
transportation industry agreem ents sp e cifie d payments to be m ade on the basis o f m a r i
tal status, and a single u tilities agreem ent provided fo r paym ents based only on
distance:
(189)
In the event employes are permanently transferred by the company from one garage to another garage on
account of work being transferred to that particular garage as covered by the labor agreement, financial
assistance will be allowed to married employes in the amount of $300.00 and unmarried employes in the
amount of $150.00, such amount to be payable at the time the employe reports for work at the new
location. In addition, the employes so transferred will be allowed up to five (5) working days (40 hours)
loss of earnings in effecting their relocation.
63
( 190)
In the event of (a) the promotion of a regular senior qualified employee to a higher classification as a
result of successfully kidding on a new assignment, • • • employer will reimburse such regular senior
qualified employee and will reimburse each o f the first two (2) employees affected in any such displace
ment who move from their present locations to other locations on employer's system and remain employees
of employer, for moving expenses incurred by such employees in moving from their present locations to
their new locations, . . . according to the following schedule:
Moves between locations up to
100 miles apart-------------------------- -----— -------- -— - — $200.00
Moves between locations between
100 miles and 200 miles a p a rt------------------------------$300.00
Moves between locations more
than 200 miles apart----------------------------------------------- $350.00
A lu m p-sum benefit p ro v isio n by definition does not base payments on actual
expen ses, but presum ably req u ires the em p loyer to pay the full amount sp ecified in
the table, even if actual expenses are le s s .
The follow ing clau se, th erefore, while
su p erficia lly resem b lin g a lu m p-su m p rovision , is b a sica lly different, having ch a ra c
te ris tic s in com m on with cla u ses requ irin g payment of actual expenses as w ell.
Rather than fixed amounts to be paid re g a rd le ss of expenses, the tabulated amounts
are m axim um s payable only in the event actual expenses equal or ex ceed them.
(191)
Employees who transfer in accordance with the procedure herein shall be entitled to receive allowance
toward moving expenses in accordance with the following schedule:
Distance between
former plant
and new plant
Single
Married or
head of
household
0 - 2 4 ..................................
25-99..................................
100-299..............................
300-499..............................
500-999..............................
1,000 or m o r e ---------------
None
$40
70
100
125
150
None
$150
235
325
410
500
Such relocation allowance, subject to the above maximum limits, may at the employee's option include
actual cost of moving possessions or transporting employee and his family to the new location. Where the
employee elects not to move, his possessions, such allowance may at the employees option include the amount
which it would otherwise have cost to move such possessions (as evidenced by an estimate from a reputable
mover). Where the employee moves his possessions himself, the allowance may at the employee's option
include the cost of rental or trailer, truck, or other vehicle for such move, the reasonable value of labor for
loading or unloading, and reasonable expenses of transportation.
Paym ent o f E x p en ses.
Under the m ost com preh en sive expense cla u ses, the
payments tend to be m uch m o re c lo s e ly related to the actual co sts o f reloca tion than
under cla u ses providing fo r only lump sum s o r flat amounts.
H ow ever, they are m ore
difficu lt to adm inister, req u ire m o re paperw ork on the part of both em p loy ers and
em ployees, and m ay resu lt in delayed paym ents.
B ecause of the exclu sion s o r lim ita
tions in corp ora ted into many expense cla u ses, the em ployee m ay have no m ore p r o te c
tion in the event o f unusual o r e x c e s s iv e m oving co sts than he would have had under
a lum p-sum arrangem ent.
M ore than half the m a jor agreem ents containing reloca tion benefit cla u ses r e
quired com pany payment o f (or reim bu rsem ent fo r) actual expenses or lo s s e s , rather
than payment o f pred eterm in ed o r lu m p-sum amounts.
Some provided per diem a llow
ances in addition to other expense paym ents.
N early all the clau ses w ere found in
64
nonm anufacturing agreem en ts, la rgely in the transportation, com m unications and u tilities
in du stries.
W hereas lu m p -su m payment prov ision s w ere com m only a ssocia ted with d is
placem ents and la yoffs, expense payment p rov ision s (except fo r those in transportation
agreem en ts) w ere a sso cia te d alm ost always with tra n sfers at em p loyer request.
E xpense payment o r lo s s com pensation clau ses exhibited wide variation.
A few
provided only fo r guarantees against wage lo s s e s during the m ov e; oth ers in corp ora ted
com pany paym ent of transportation and shipping c o s ts ; still others provided p rotection
against a wide spectrum o f p o ssib le lo s s e s and expenses incidental to the actual m ove.
P ro te ctio n against wage lo ss was som etim es the only reloca tion benefit offe re d
in tra n sfe rs at the request of, o r fo r the convenience of, the em ployee.
H ow ever,
when tra n sfe rs w ere at the e m p lo y e r1 s request, wage guarantees also w ere accom panied
by other expense ben efits:
(179)
Employees transferring from one location to another at employee's request shall pay their own moving and
other expenses connected with moving, but there shall be no loss in pay, the same as if the company were
moving them at company's request.
(108)
When an employee is transferred from one property, district or plant to another at the specific instance and
request of the employer, and thereby is compelled to move, the necessary ordinary and usual expenses in
curred by such employee in moving shall be borne by the employer and the employee shall suffer no loss
in pay for time lost in connection with making such a move.
In a substantial p rop ortion o f the agreem ents, the e m p lo y e r's obligation to pay
was sp e c ific a lly lim ited to transportation and shipping (actual m oving) c o s ts , o r le s s
com m on ly, these co sts plus protection against wage lo s s e s :
(192)
(156)
When an employee is transferred on a permanent basis to another exchange for company convenience. . .
the company shall pay the reasonable and necessary costs of moving the furniture and household effects, as
well as the personal transportation, of the employee and those of his household.
In the event a maintenance department employee is transferred on orders of the company from one shop to
another, he will be allowed the actual costs o f moving his household goods.
(193)
When an employee is permanently transferred from one location to another permanent location, he shall
suffer no loss of regular pay, and company agrees to pay the transportation expense and expenses incident
to moving his family and household goods . . .
A few cla u se s, p rim a rily in the transportation industry, gave the com pany the
option o f itse lf providing the transportation rather than reim bu rsin g the em ployee or an
outside c a r r ie r .
In the illu stration below , the em ployer also assu m es resp on sib ility
fo r dam age to household goods o r provides insurance cov erin g these dam ages:
(194)
When any employee is required, through no fault of his own, to change residence in order to follow em
ployment as a result of an approved change of operation, the employer shall move the employee and
assume the responsibility for proven loss of, or damage to, household goods due to such move, or pay his
moving expenses, including insurance against loss or damage.
Other cla u ses perm itted the em ployer to ch oose the route, the agency o r c a r r ie r ,
other w ise d ire ct reloca tion :
(195)
The company reserves the right, to select the transportation agency and to stipulate a maximum amount
for such other moving expenses as the company may agree to bear under the circumstances of this specific
transfer.
or
65
(196)
Tim e scheduled by the company for travel via common carrier by the shortest practical route between the work
locations to and from which the employee is transferred shall be paid for during the day shift schedule in effect
at the job location from which he is transferred and, when sleeping accommodations are not provided, between
11:00 P. M. and 7:00 A.M ., except when the follow in g provisions/ apply*
If an employee notifies the company of his intention to use his automobile as a means of transportation to the
destination base location, the company shall schedule day and hour of departure and shall pay travel time in
curred in such use over the route agreed upon by the employee and his supervisor at the time of transfer
during the day shift schedule in effect at the job location from which the employee is transferred*
About on e-fifth of the expense payment clau ses provided fo r com pany payment of
all or a part of the expenses in cu rred by tra n sferees p rio r to or incidental to the actual
m ov e.
Am ong oth ers, these co sts included prelim in ary trip s to the new location in
sea rch of housing, o r the expenses o f m eals and tem p orary lodging during the search
fo r permanent housing follow ing a rriv a l at the new location .
M ost of these clau ses
w ere found in com m unications and utilities agreem ents:
(197)
An employee who is transferred to a place of employment outside the metropolitan area shall receive, in addition
to his regular pay, reimbursement for his actual expenses for a period of the first thirty days at the place to which
he has been transferred and after the first thirty days, his actual expenses, but in no event more than $8.40 per
day nor less than $5.60 per day for an additional thirty days, and thereafter, if not designated as a permanent
transfer at the time of transfer unless and until the employer makes the election hereafter provided.
(137)
An employee entitled to moving expenses . . . will be reimbursed for the following expenses to the extent they
are reasonably incurred:
(a) The actual expense of moving the personal belongings o f herself and dependents in her immediate family,
including insurance of household furniture.
(b)
The actual transportation expenses for herself and dependents in her immediate family.
(c) Meal, lodging and transportation expenses actually incurred by her, until her new residence is established, for
a period not in excess of one month from the date of transfer. If warranted by unusual circumstances, the com
pany may authorize the reimbursement of such expenses for a period in excess of one month.
(d) Meal, lodging and transportation expenses actually incurred for one other member of her immediate family
while looking for a residence in the new community up to a maximum of three trips or six days*
(e) Meal and lodging expenses actually incurred for herself and dependents in her immediate family from the
date of moving until delivery of household goods and connection of utilities, not to exceed three days*
(f) The actual cost of connecting basic utilities (telephone, electricity, gas and water) at the new location
and, when authorized by the company, the cost of disconnecting normal household appliances (such as gas
refrigerators, automatic washers, e t c .) at the old location and of reconnecting at the new location.
(198)
If it is not possible to give the employee reasonable notice of the proposed change in permanent headquarters,
and it is necessary for the employee to live in the new location until he can arrange to move, the company
will pay his reasonable board and lodging expenses not to exceed one calendar month unless otherwise agreed
upon.
Eight of the m o re detailed clau ses in corp orated p rov ision s fo r per diem a llo w
an ces to co v e r item s such as food and lodging, in addition to other expense paym ents.
A s illu strated below , in a few c a se s separate allow ances w ere made to the t r a n s fe r e e s
dependents.
The second exam ple a lso provides a m ilea ge allow ance fo r autom obile
tra v el:
(95)
(a) Employees shall receive a travel allowance while traveling to an off-site test and/or missile base in accord
ance with the following schedule:
(1) Employee, $10.00 per day.
(2) Spouse and dependent children twelve years of age or older, $10.00 per day.
(3) Dependent children under twelve years of age, $5*00 per day*
66
(199)
Employee and Family Travel
If traveling from one location to another, the employee and family need not necessarily travel together.
ferent types o f travel and applicable allowances are as follows:
Dif
1. If the entire family travels together in the personal car, an eight (8) cent mileage allowance will be paid.
The employee will be paid $10.00 per diem, the spouse $10.00 per diem, and for each additional member of
his immediate family $5.00 per diem.
2. If other than the personal car is used to transport the family or any members thereof, scheduled air trans
portation will be paid. For time in travel, the employee will be paid $10.00 per diem, the spouse $10.00 per
diem, and for each additional member of his immediate family $5.00 per diem.
3. Only those people living in the employee's household and fully dependent upon the employee will be
considered as members of his family.
Per Diem for Relocating Period
1.
Married employees or single employees maintaining a household:
(a) A locating period not to exceed thirty (30) days including travel time may be provided for. Per diem
during the locating period shall cease upon the day the household effects are placed in the selected residence.
(b) During the locating period, the employee will be paid $10.00 per diem, the spouse $10.00 per diem,
and for each additional member of the immediate family $5.00 per diem,
(c) When dependents) travel independently of employee, the per diem will be for the actual time spent in
travel up to the limit previously specified.
(d) If the employee elects to bring his family to the new location at a later date-within six months of the
employee's arrival — the per diem for the employee may be paid for no more than thirty (30) days as outlined
above. Per diem for the other members of the family may be paid in accordance with the foregoing after their
later arrival.
2.
Single employees not maintaining household:
Per diem of $10.00 for actual number of days taken to relocate, but not to exceed fifteen (15) days, including
travel time.
(200)
On prolonged-trip assignments, the employee will be: (i) paid a per diem allowance of $10.00 for a period of
10 days to cover expenses during the period of settlement at the new location if approved by the treasurer; and
(ii) reimbursed for the cost o f transporting his family and household effects to the new location, and retransporting
them to the location of the employee's next permanent assignment by the company.
Am ong the m ost detailed o f those exam ined, a few m oving allow ance clauses
provided that, in addition to other sp e cified expenses, the com pany would assum e lo s s e s
on rents paid in advance, lo s s e s on unexpired le a se s, o r sp ecified expenses in curred
by the tra n sferee in sellin g o r buying a hom e.
The clau ses w ere concentrated in non
m anufacturing agreem en ts, p a rticu la rly in com m unications:
( 201)
£The employee/ shall be reimbursed for loss of unexpired rent for a period not to exceed one month except that in
case of undue hardship consideration will be given to reimbursing the employee for unexpired rent beyond one month.
( 202)
In cases of involuntary transfer, the employee shall . . . be reimbursed for loss of unexpired rent and shall be
indemnified against any claim arising from non-fulfillment of his lease.
( 9)
Employees transferred with their work from one city to another city shall be paid [io v j
real estate brokerage
fees incurred and actually paid by the employee on the sale of his home and all expenses exclusive of the
purchase price which the employee is obligated to pay in the settlement or closing transaction in the pur
chase of another home, limited to a total of $1,000 for the sale of the home or the sale and purchase
combined; provided the employee owned his home on the date of this agreement and further provided that such
sale and purchase takes place within two years of the date the employee was notified of his right to transfer,
provided the employee has not quit, been discharged for cause or retired.
In con trast to the m ost detailed expense benefit p rov ision s, a sm all number of
clau ses provided little o r no detail beyond a general com pany com m itm ent to pay
’ 'm oving e x p en ses” o r the expenses o f reloca tion .
Depending on the p ra ctice under a
particu lar agreem ent, ’’m oving e x p en ses” might be lim ited to the co sts o f shipping
household furnishings, o r m ight denote a m uch b roa d er range o f expenses:
67
(184)
The company will pay the moving expense of any employee to the new place of residence in the general
vicinity of his new location who is transferred and raised from a classification to a higher classification to fill
a vacancy or new jobj or of any employee who is transferred permanently from one location to another by the
company without application or request from such employee . . .
(146)
Moving expense will be paid if transfer is made at company's request.
(203)
Any transfer o f an employee to another town shall be agreeable to the employee and expenses of transfer to
another town shall be borne by the employer.
S im ila rly, a few "fle x ib le " cla u ses, such as the follow ing, refrained from c o m
m itting the com pany to payment o f any s p e cific expenses, but instead indicated that
reloca tion expenses would be paid on the basis of designated conditions:
(204)
It is mutually agreed and recognized:
1.
That company operations throughout the country have become increasingly varied as to type and location.
2. That this in turn has required and will continue to require the use and application of different policies, re
garding reimbursement for travel and relocation expenses, depending on the particular circumstances involved, such
as: Housing, transportation and other personnel requirements; policies and requirements of the cognizant military
and other governmental agencies; duration and nature of assignment; considerations as to any urgency identified
with the assignment or operation involved; and other related factors.
Other Lim itations
A greem en ts providing fo r payment o f actual expenses rather than lump sums
invariably contained language designed to p rotect the com pany fro m unduly high costs.
In many agreem en ts, the w ording excluded certain sp ecified expenses from payment,
placed lim itations on the expenses fo r which the firm would be resp on sible (in term s of
weights o r dolla r am ounts), o r lim ited the tim e during which the payments w ere a vail
able:
(95)
Actual normal packing, crating, appliance service, transportation storage, and all-risk insurance expenses for the
employee's household goods not to exceed 8,000 pounds shall be paid by the company, subject to /specified/
conditions . . .
(205)
Payment o f the expense allowance or provision o f transportation or meals and lodging . . • will be limited to the
first thirteen weeks from the effective -date o f assignment at the new reporting base or until the effective date of
the employee's change of residence, whichever occurs earlier.
(199)
Insurance on household goods at actual cash value, not to exceed $10,000, shall be paid by the company. The
insurance premium above $10,000 will be borne by the employee. Small items of value, such as jewelry, should
be retained in the employee's personal baggage or forwarded by insured registered mail . . .
Storage in-transit for maximum of sixty (60) days plus delivery charges up to 8,000 pounds o f household goods
/shall be paid by the company/. The employee will be responsible for any storage charges beyond the 60-day
limit.
Reasonable connection and disconnection charges for utilities including refrigerator, heater, range, washing machine,
dryer and deep freeze.
Excess charges for connection or disconnection of TV's, Hi-Fi's and equipment of this
nature will be disallowed. Refundable deposits will be excluded.
L e ss s p e c ific lim itations, often found in telephone com pany agreem ents, indicated
only that the sp e cifie d expenses w ere to be lim ited to "rea so n a b le " amounts:
(206)
If it is necessary for an employee permanently transferred from one county . . . to another (other than at his
own request but including volunteers in situations where otherwise some other employee would be required to
transfer) to move his residence, he will be reimbursed for the following expenses to the extent they were reason
ably incurred.
68
P revention of Duplicate P aym ents.
In 61 agreem ents,
was lim ited to a single payment or allow ance fo r each fam ily
included to avoid the p o ssib ility o f making duplicate payments
one m em ber of a fam ily was tra n sfe rre d by the com pany.
It
Steelw orker and Auto W orker agreem en ts:
the company* s obligation
unit.
This lim itation was
in the event m o re than
was generally included in
(17)
Only one relocation allowance shall be paid where more than one member of a family living in the same residence
are relocated pursuant to this section.
(207)
Only one relocation allowance will be paid to the members of a family living in the same residence.
Sixty-nine cla u ses w ere designed to prevent any p ossib le duplication o f payment
in the event presen t o r future F ed era l o r State legislation provided reloca tion benefits
to affected em p loy ees.
These cla u ses stated that the em ployer* s obligation under the
agreem ent would be reduced by the amount of any F ed era l or State reloca tion benefits
that becam e available to the tra n sferrin g em ployees:
(16)
In the event an employee who is eligible to receive a relocation allowance under these provisions is also
eligible to receive a relocation allowance or its equivalent under any present or future Federal or State leg
islation, the amount of relocation allowance provided under this sub-section when added to the amount o f
relocation allowance provided by such legislation shall not exceed the maximum amount o f the relocation
allowance the employee is eligible to receive under the provisions o f this sub-section.
(52)
The amount of an employee's moving allowance as computed above shall be reduced by the amount o f any
relocation, moving or living expense benefits that the employee receives or is eligible to receive will respect
to such relocation under any present or future Federal or State law. For purposes o f this paragraph, the em
ployee shall be deemed eligible to receive benefits under Federal or State law even though he does not qualify
for, or loses, such benefits through failure to make proper application therefor.
T reatm ent on T erm ination of E m ploym ent.
O ccasion ally , an em ployee m ay ele ct
to term inate his em ploym ent shortly after tran sferrin g, at com pany expense, to another
plant.
When this o c c u r s , the com pany lo se s both the s e r v ice s of the em ployee and the
amount paid fo r his reloca tion .
T o m in im ize the problem , a number of agreem ents
estab lish ed m anagem ent1 s right to deduct the reloca tion amount fro m wagfes and other
benefits ow ed the em ployee at the tim e of his separation.
U sually, a tim e lim itation
was sp ecified .
T hese p rov ision s w ere present in about 15 p ercen t o f the reloca tion
allow ance cla u ses and w ere rela tively standard in Steelw orker agreements*.
The f o l
lowing clau se is represen ta tive:
(208)
. . . The amount o f such relocation allowance shall be deducted from moneys owed by the company in the form
o f pay, vacation benefits, SUB benefits, pensions or other benefits, if the employee quits, except as it shall be
agreed locally that the employee had proper cause, or is discharged for cause any time during the 12 months
following the start o f such new job.
In som e transportation equipment agreem ents, p rev iou sly paid reloca tion amounts
w ere deducted in the event an em ployee becam e eligible fo r separation pay follow ing a
retra n sfer back to his origin a l plant:
(209)
In the event an employee, after relocating to a new plant, exercises an option to return with his seniority to the
seniority rolls o f his original plant under conditions which would entitle him to a separation payment on the basis
o f such seniority, the amount o f any moving allowance received will be deducted from any subsequent separation
payment.
An additional com pany safeguard, also com m only found in transportation equip
ment agreem en ts, provided that actual reloca tion benefits could not ex ceed the amounts
cred ited to individual worker* s separation pay or SUB accounts, re g a rd le ss o f the
69
amounts sp e cifie d in the lu m p-su m table.
Under these cla u ses, the com pany1 s o b lig a
tion to pay fu ll re lo ca tio n benefits m ay be lim ited to long se rv ice (and presum ably m ore
permanent) em p loy ees:
(210)
The amount o f moving allowance will be the greater o f the separation payment to which the employee would otherwise
be entitled on the date o f the application, or an amount equal to the applicant's unused credit units times the maximum
SUB benefit payable under the SUB plan, but, in either case, will not exceed the applicable amount indicated in the
relocation allowance table above.
(52)
Effective for expenses occurred on or after January 1, 1968, the amount o f a moving allowance shall be the greater o f
(a) the amount o f separation payment which would have been paid under the supplemental unemployment benefit plan
to the applicant assuming that he would have been eligible for a separation payment as o f the date o f his application
for such moving allowance or (b) an amount equal to his unused credit units under the supplemental unemployment
benefit plan as o f the date his application is received by the company multiplied by forty dollars ($40); provided, how
ever, that such moving allowance shall in no event be greater than the amount shown in the following table:
Since the voluntary quit rate is relatively high fo r unm arried w ork ers, one
agreem ent stated that these w ork ers would be paid their reloca tion benefits in in sta ll
m ents follow ing tra n sfer.
A prem ature quit would resu lt in term ination of the rem ain
ing paym ents:
(196)
To cover locating expenses, an employee without dependents shall receive $200 payable as follows: $24 for the work
week during which he first works at the base location, $24 for the next workweek, $14 for each o f the next ten (10)
workweeks and $12 for the next workweek, providing he remains on the payroll for each o f the weeks in which pay
ment is authorized.
In at lea st one other con tract, the tran sferrin g em ployee had to agree to rem ain
with the com pany fo r a rela tiv ely short p eriod follow ing the m ov e:
(211)
Should the company decide to move the plant or any department thereinto a new location, any employee affected
by the move and who agrees to change his residence to the new location and remain employed with the company for
a .minimiun period o f ninety (90) days, shall be reimbursed in a lump sum as moving allowance . . .
G eneral Regulations G overning Paym ent
Although not subjected to a detailed analysis in the study, som e of the m ore
com m on p ro ce d u ra l o r adm inistrative regulations governing payment of reloca tion b en e
fits are illu stra ted by the follow ing cla u ses, including language providing fo r prom pt
payment by the com pany, o r requiring the tra n sferee to furnish p ro o f of resid en ce
change, p ro o f o f payment of co v e re d expenses, or to make applications fo r benefits
within a sp e cifie d p eriod of tim e:
(117)
An employee who is assigned a job under this section. . . , and who changes his permanent residence as a result thereof,
will receive a relocation allowance promptly after the commencement o f his employment at the plant to which he is re
located . . .
(1) He must make written request for such allowance in accordance with the procedure established by the company.
(73)
To be eligible for . . .
a moving allowance under this section, and employee so transferred must:
a.
b.
(202)
establish that he has, in fact, changed his permanent residence as a result o f the transfer, and
make written application to the. . . employee relations department for such moving allowance within six (6)
months after the date o f such transfer.
In cases o f voluntary and involuntary transfers, and employee so transferred shall be reimbursed for the actual cost o f
transportation, meals, lodging and the incidental expenses o f himself, including drayage cost, upon presentation o f
receipted bills (or other evidence o f payment) for such items.
70
R ole o f the Union
M ost o f the agreem en ts did not m ention the role o f the union in the operation of
the reloca tion benefit p ro v isio n s, except with relation to the grievance p ro ce d u re * 12 A
few agreem en ts, h ow ever, establish ed join t com m ittees fo r dealing with operational
prob lem s that m ight a r is e :
(57)
The operation o f this subsection . . . will be subject to periodic review by a joint committee consisting o f equal
numbers o f representatives o f both parties (not more than 3 each), who shall meet periodically to review the op
eration o f this subsection and to consider and resolve any problems that may arise from its operation. The
company shall supply to such committee pertinent information relating to the operation o f this subsection*
12 Although relocation benefit disputes were subject to the grievance procedure under some agreements, and not in others,
no detailed analysis was made.
Table 1.
Plant M ovem ent P rovisio n s in M ajor C ollective Bargaining A g re e m e n ts, by Industry,
(W ork ers in thousands)
M ovem ent perm itted subject
to lim itation, p erq u isites,
or obligations with regard
to old plant, new
plant, o r both
studied
Industry
Agreem ents
W orkers
A greem ents
W orkers
1966—67
No exp licit lim itation s,
Total
A greem ents
p e rq u isite s,
or obligations
E x p ressed in m anagem ent
rights clause only
W orkers
A greem ents
A l l i n d u s t r i e s --------------—------------
1,823
7, 339. 2
392
2, 873. 0
Manufacturing-----------------------------
1, 048
4. 155. 5
263
2 ,0 9 1 .9
Ordnance and a cc e sso rie s-----------Food and kindred products------------Tobacco m anufactures-------------------Textile m ill p ro d u c ts--------------------Apparel and other finished
products--------------------- -----—-----------Lumber and wood products,
except furniture------------ ------ ------—
Furniture and fix tu re s-------------------Paper and allied p ro d u c ts------------Printing, publishing, and
allied industries---- ----------------------Chemicals and allied products------Petroleum refining and related
in d u s t r ie s ----------------------- — ---------Rubber and miscellaneous plastics
p r o d u c ts ---------------------------------------Leather and leather products-------Stone, clay, and glass products —
Primary metal industries-------------Fabricated metal products------- — Machinery, except electrical-------Electrical machinery, equipment,
—
and s u p p lie s ------- --------- • ------- -----Transportation equipment-----—-----Instruments and related
products
— --— — — — -—
Miscellaneous manufacturing--------
18
126
11
30
69.9
382. 0
24. 2
71.8
5
38
1
6
27. 2
131. 8
1. 1
23. 1
55
392. 0
43
360 .5
12
31.6
-
13
18
50
24. 6
29. 6
112. 2
1
2
7
2. 0
3. 0
12. 2
12
16
43
22. 6
26.6
100. 0
2
3
4
28
61
59.1
106.8
2
6
11. 6
12. 0
26
55
47. 5
94 .8
10
W orkers
No referen ce
A greem ents
W orkers
1, 431
4, 466. 2
150
445. 8
1, 281
4.020. 5
785
2, 063. 6
139
398. 8
646
1, 664. 8
13
88
10
24
42. 7
250.3
23. 1
48 .8
5
9
2
8
8
79
8
16
17.6
234. 9
19.8
34. 9
-
12
31.6
3. 4
3. 4
5. 7
10
13
39
19. 2
23. 2
94. 3
1. 2
18. 5
25
45
46. 3
7 6.4
1. 0
25.
15.
3.
14.
!•
5
3
0
20
44. 9
3
9 .8
17
35. 1
1
16
34. 1
21
23
37
106
55
115
107.6
73. 8
115.5
545. 7
129.9
314. 6
5
10
7
32
15
20
10.9
51. 2
53. 2
384. 0
56. 6
73. 5
16
13
30
74
40
95
96. 7
22. 6
62. 3
161.8
73. 3
241. 1
1
2
5
13
9
19
5.
4.
9.
24.
13.
70.
7
5
0
3
3
7
15
11
25
61
31
76
9 1.0
18. 1
53. 3
137. 5
60. 1
170. 5
106
118
398. 7
1, 075. 5
13
38
104. 2
739. 2
93
80
294. 5
336. 3
18
25
79. 1
9 8 .8
75
55
215 .4
237. 5
25
12
4 8 .6
28.9
5
4
9. 0
16. 1
20
8
39. 7
12. 8
2
-
2. 6
-
18
8
37. 1
12.8
Nonmanufacturing--------------- ------
775
3, 183. 8
129
781. 2
646
2, 402. 6
n
47. 0
635
2 ,3 5 5 .7
Mining, crude petroleum, and
natural gas production
------- ---Transportation * -------- -------------------1
Communications ---- ------------- —------Utilities: Electric and g a s ----------Wholesale trade-------------------- ---------Retail tr a d e -------------------------------------Hotels and restau ran ts-----------------Services-------------------------------------------C o n s tr u c t io n --------------------- --------------Miscellaneous nonmanufacturing —
16
91
88
80
19
119
37
65
256
4
111 .4
607. 0
524.9
180.0
35.3
317. 6
171. i
258. 2
970 .9
7. 2
6
49
3
13
9
35
7
6
1
“
88. 6
444. 2
24. 5
2 4 .0
18. 3
1 07 .4
3 1.8
25. 6'
1 7.0
-
10
42
85
67
10
84
30
59
255
4
22.8
162.8
500 .4
1$6.0
17. 0
210.3
139. 7
232.6
953.9
7. 2
2
_
2. 5
l
3
.
1
9. 2
6 .6
8
42
84
64
10
83
30
55
255
4
20. 3
162.8
491.3
149.4
17. 0
207.9
139. 7
206. 4
953.9
7.2
1 Excludes ra ilroa d and airlin e industries.
NOTE:
B ecau se o f rounding, sums o f individual item s may not equal totals.
-
_
_
_
2. 5
4
26. 2
-
-
"
T a b le 2.
A p p lic a b ilit y o f
In terp la n t T r a n s fe r P r o v is io n s in M a jo r C o l le c t iv e B a r g a in in g A g r e e m e n t s , b y In d u s try , 1966—67
(W ork ers in thousands)
R easons fo r activating p rovision s
Industry
T otal
studied
A g ree
m ents
T otal
having
p rovision s 1
W ork - A g r e e
m ents
ers
D isplacem ent
and
layoff
W ork- A g r e e
ments
ers
C om pany's
convenience
W ork- A g r e e
m ents
ers
Plant
clo sin g ,
etc.
W o rk e r's
request
W orkers
A g ree
m ents
W ork- A g r e e
m ents
ers
!
Staffing
new
plants
T ra n sfe r
o£.
operations
W ork - ; g r e e A
\
ers
I m ents
W ork A g r e e
ers
m ents
A rrangem ent
not
s p e cifie d
W ork A g r e e
m ents
ers
No in te rplant
tra n sfer
provision
W ork A g r e e
ers
m ents
W orkers
i
A ll in d u s tr ie s ------------------M anufacturing _
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 anu factu res_________
T ex tile m ill p r o d u c ts .
A p p a rel and other fin ish ed
p r o d u c t s _______________________
L u m ber and w ood p rod u cts,
excep t furniture _
Fu rn iture and fix tu res
______
P a per and a llied p r o d u c t s _____
Printin g, publishing, and
a llie d indu stries _
___
C h em ica ls and a llie d
p r o d u c t s _______________________
P etroleu m refining and
rela ted in du stries _ _
R ubber 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 eath er and leather
p r o d u c ts __________________ __
Stone, c la y , and g la s s
p r o d u c t s ________________ . . . ____
P r im a r y m etal in d u s t r ie s _____
F a b rica ted m etal p rod u cts . . . . . .
M ach in ery, except e le c t r ic a l__
E le c t r ic a l m a ch in ery , equip*
m ent, and s u p p lie s ___________
T ran sp ortation equipm ent ____
Instrum ents and rela ted
p r o d u c t s _______________________
M iscella n eou s m an u factu rin g...
N onm an u factu rin g__________
M ining, cru de petroleu m , and
natural gas p roduction________
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 holesale t r a d e ________________
R etail tra d e___________ __________
H otels and r e s ta u r a n ts _________
S e r v i c e s _____________ __________
C o n s tr u c tio n -----------------------------M iscella n eou s nonm anufac
turing _________________________
1.823
7 ,3 3 9 .2
586
3 ,4 4 4 .8
292
2.341. 7
201
1 .5 2 4 .2
114
941 .8
207
1,048
4, 155. 5
342
2, 101.0
153
1 ,4 8 5 .5
77
928. 5
33
543. 3
126
18
126
11
30
6 9 .9
382 .0
24. 2
7 1 .8
12
52
3
5
54.0
157.5
7. 1
9 .2
8
20
_
3
43. 1
7 1 .4
_
5. 3
5
14
1
2
31 .0
40. 1
5 .6
3. 1
2
3
_
17.7
9 .0
_
1
32
1
55
392 .0
12
55. 2
!
5 .0
13
18
50
24. 6
2 9 .6
112.2
2
2
6
4. 0
4 .0
19.4
1
1
3
1 .4
1 .0
15. 3
28
59. 1
3
4 .9
61
106.8
14
28 .2
8
20
4 4 .9
n
25.9
21
107.6
9 .8
4
1.544. 9
126
1.258. 0
56
271 .6
1.237
3 .8 9 4 .5
839. 3
101
1 ,0 1 0 .2
56
737. 7
44
199.5
706
2 ,0 5 4 . 5
14.0
103.4
1. 1
2
11
1
6 .9
35. 3
1. 1
2
11
-
17. 7
50. 7
3
4
2
1
13. 0
14. 5
6 .0
2. 5
6
74
8
25
15.9
224. 5
17. 1
62. 7
12. 0
2
-
4
8. 3
3
5. 1
5
11.9
2
6 .5
_
.
-
-
55.2
3
5. 5
_
.
2. 5
43
336.8
.
2
.
3. 2
_
3
_
5. 3
_
1
_
12. 0
1
1
1
2 .6
3.0
1. 1
11
16
44
20. 6
25.6
92.8
25
54. 2
1
4. 5
47
78. 6
-
3; l
15.2
-
2
1.4
3. 3
-
-
12
.
1
-
1 .4 7 4 .9 | 176
_
1
1.8
2
2 .8
.
_
.
3
4. 4
3
4. 3
9
19.0
.
_
_
2
3. 3
17
97. 8
_
2
4 .0
2
3 .6
2
8 .8
.
.
j
1.5
.
7 3 .8
6
20. 3
3
16. 1
3
8. 5
6
20. 3
_
37
106
55
115
115.5
5 45 .7
129.9
314.6
19
51
20
38
8 5 .5
446 .9
62.7
143.8
8
32
11
12
51. 3
376.5
4 6 .5
5 5 .5
!
2
1
7
2 .8
6 .7
1.9
28. 7
2
3
_
7
4 .8
9. 1
_
15. 5
7
29
7
12
4 6 .7
366.5
4 2 .2
5 5.6
2
9
6
23
3 .4
69. 5
11. 1
103. 5
6
15
5
5
106
118
398 .7
1 ,0 7 5 .5
20
156
5 9.4
890 .7
10
22
31. 5
727.6
4
23
17.2
742. 7
4
7
8 .8
4 7 0 .4
4
8
10.4
106.6
5
32
19. 1
743. 8
7
25
12
4 8 .6
2 8 .9
5
1
10.0
3 .0
4
1
8 .5
3 .0
2
-
5 .6
“
1
-
1 .4
-
775
3, 183.8
244
1 ,3 4 3 .8
139
856. 3
124
595 .7
81
398.5
81
635 .6
75
16
91
88
80
19
119
37
65
256
111.4
6 0 7 .0
524 .9
180.0
35. 3
317. 6
171 .5
2 5 8 .2
9 7 0 .9
7
56
67
47
9
45
2
10
9 1 .0
4 82 .0
44 3 .2
125.8
13.7
146. 7
4 .2
35.8
4
46
33
27
1
22
2
3
7 .2
428 .9
253. 3
6 8 .4
1. 1
8 5 .9
4 .2
5 .9
2
3
49
27
2
33
1
6
2
6
33
28
1
8
2 .7
34.4
256. 3
7 1 .7
1.0
2 6.7
-
-
-
-
8 6 .2
443. 1
6 7 .2
8. 2
5 .0
2 1.8
1. 7
2. 5
-
1
51
3
7
5
3
-
4 .6
13.5
324 .4
8 8 .0
4 .5
128.9
1.7
2 8 .8
-
4
7 .2
1
1.5
1
1. 5
1
1. 5
"
-
_
3
-
5 .8
-
4
48
9
4
2
12
1
.1
-
-
-
-
-
.
.
23
.
1
2. 0
17
53. 5
.
1
5
3
.
1. 3
7 .2
4 .9
18
55
35
77
30. 0
98.9
67. 3
170.9
46 0 .6
3
10
8 .2
117.4
86
62
339. 3
184.9
1
-
1. 0
-
1
-
1 .5
20
11
38. 6
25.9
534. 7
70
520. 3
12
72. 1
531
1 ,8 4 0 .0
1.9
457 .8
2 5.7
15.6
6 .7
4 .9
45
1
3
6
14
433. 5
12.0
5. 7
8 .2
57. 5
9
35
21
33
10
74
35
55
256
2 0 .4
125.0
81. 7
54. 2
2 1.6
171.0
167. 3
222. 5
970 .9
3
5. 7
.
25. 6
121. 1
12. 3
32.6
.
-
8
2
-
-
1
1.0
-
-
-
-
-
-
5
-
22. 1
-
1
-
3. 5
-
1
-
2 .0
-
-
-
-
-
-
1 Many agreem en ts included m o r e than one reason fo r activating the interplant tra n sfe r p ro v is io n ; consequently, the horizon tal com ponents e x ceed the total.
2 E xcludes r a ilr o a d and a irlin e in d u strie s.
NOTE: B eca u se o f rounding, sum s o f individual item s m ay not equal totals.
-
62 .7
6 .4
T a b le 3.
In terp la n t T r a n s f e r R ig h ts in M a j o r C o l le c t iv e B a r g a in in g A g r e e m e n t s ,
b y I n d u s try ,
1966—67
(W ork ers in thousands)
R e fe rrin g to the nature of interplant tra n sfe r rights
T otal studied
Industry
A g re e
ments
W orkers
Total
T ra n sfe r of
P re fe re n tia l
V acancy,
Arrangem ent
having
production
Bumping
Bidding
hiring
no bidding
not sp ecified
p r o v is io n s 1
units
A g ree
A g ree
A g ree
A g ree
A g ree
A g ree
A g re e
W orkers m ents W orkers m ents W orkers m ents W ork ers m ents W orkers m ents W orkers ments W orkers
m ents
________
1, 823
7, 339.2
586
3 ,4 4 9 .8
201
1 ,7 5 4 .8 !
279
2 ,4 2 0 .9
95
570.6
116
7 38. 2
252
1 ,6 6 8 .4
65
290. 1
M a n u fa ctu rin g ____________________________________
1,048
4, 155.5
342
2, 101.0
116
1, 170.3
162
1, 582. 3
56
406. 9
36
122. 1
104
1, 001. 1
53
212.4
O rdnance and a c c e s s o r i e s ---- ------------------- ------ -----F ood and kindred produ cts . . . . . . .
_. - ------- —
T o b a c co m a n u fa c t u r e s ---------------------- ----------------- ----T extile m ill produ cts --------------------------------- -------------A p parel and other finished
pro duct s _________________ r___________ ,______________
Lu m ber and w ood prod u cts,
excep t fu r n itu r e ---- ----— . ..
. -------F u rniture and f ix t u r e s -----~
------..
---P a per and a llied produ cts ._ — —
Printin g, publishing, and
a llied in d u s t r ie s ___ —
. ___ __ _____ ________
C h em ical and a llied p r o d u c t s _______
_________
P etroleu m refin in g and rela ted
industrie 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 ------— . . . . - — — — . . . .
Leather and leather produ cts . . . .
. . . . _ _ __
Stone, cla y , and glass produ cts
— __
— -----P r im a r y m eta l in du stries _. _ ——
_. . . . . . .
F a b rica ted m etal produ cts . — -----—
_
— —
M achinery, excep 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 s u p p lie s __ ______________________ ______ _______
T ran sp ortation equipm ent . . . .
..
--------- . . .
Instrum ents and rela ted
produ cts ___________________________ _________ ___ _
M iscella n eou s nonm anufacturing ------------------ ---------
18
126
11
30
69 .9
382.0
24. 2
7 1.8
12
52
3
5
54.0
157.5
7. 1
9 .2
4
17
-
5
13
-
31.0
59.7
_
_
2
4
_
_
17.7
25. 3
_
_
4
21
1
2
30. 0
62. 1
5 .0
3. 1
4
9
2
3
7. 1
23.0
6 .0
6. 1
55
392.0
12
55. 2
3
_
_
_
1
2 .5
2
4 .5
13
18
50
24.6
29.6
112. 2
2
2
6
4 .0
4 .0
19.4
4
1
i
i
1.4
1.0
1. 2
1
_
2
1.4
_
3. 3
1
2
_
3 .0
13. 1
I
_
_
2.6
_
_
28
61
59. 1
106.8
3
14
4 .9
28. 2
1
1
1
1.7
_
1
_
2.0
1
4
1. 7
8 .5
1
6
1.4
12.5
3
9 .5
4
6 .4
8
16. 2
_
_
i
1
8
_
2 .8
3.7
1.9
48.8
_
_
3
3
_
9
_
_
18.7
6. 7
_
17.6
2
3
2
4
2
10
3. 3
8. 5
4 .8
13. 3
3 .2
33.6
_
2
_
2
5
4
_
8. 3
_
5 .5
7 .2
6 .5
8
26
2 6 .4
757. 5
11
_
120.5
2
-
5. 6
-
1
-
1.5
-
A ll in d u stries ____ ___________
—
t
24.6 !
,
54. 0 |
- '
3
17
1
1
6. 5
9
I
17. 3 |
29 .4
64. 2
1. 1
1.8 |
I
48.7 i
_
3
-
j
!
15. 2 !
:
3
- ;
5 .5 1
20
44 .9
11
25.9
2
I
1. 8 i
i. 0 ]
!
i
3.8 ;
21
23
37
106
55
115
107.6
73.8
115.5
545. 7
129.9
314.7
4
6
19
51
20
38
9 .8
20. 3
85 .5
446 .9
62.7
143.8
1
24
8
19
- |
1
2. 3 1
269. 1 i
1 9 .4 j 1
39. 1
4
16
42
12
10
2. 1
|
8 .0 :
12. 1 !
7 8 .4 I
423. 8
47. 6
7 4.0
106
118
398. 7
1, 075.5
20
56
5 9 .4
890 .7
4
27
16.6
713 .7
7
26
25. 5
735. 1
6
10
16.5
217. 9
6
1
22.0
1. 1
25
12
48.6
28. 9
5
10.0
3.0
1
-
1.4
3
1
7. 1
3. 0
3
1
7. 0
3.0
_
_
-
-
- _____
775
1. 343.8
85
584.5
1
1
117
838.6
39
163.7
80
616. 1
148
667. 4
12
77.7
16
91
88
80
19
119
37
65
256
4
; 3. 183.8
i
|
1 111.4
• 607.0
524.9
180.0
35. 3
317.6
171.5
i
258.2
:
970.9
7. 2
244
M ining, cru de p etroleu m , and
natural gas p roduction
T ra n sp orta tion 1 „____________________________________
2
C om m u n ic a tio n s --------------------------------------------------------------- U tilities: E le c t r ic and g a s ----- -_ — ____
W holesale t r a d e _________________ _________________ _ „
___
_
. . . .
R etail trade . _
H otels and re s ta u r a n ts ______ ___ __________________—
S erv ice s
____
_— _
. ..
C on stru ction ________ ____________ ___ _______ ______
M iscella n eou s nonm an ufacturing____________ _
7
56
67
47
9
45
2
10
_
1
91.0
482 .0
443. 2
125.8
13.7
146.7
4. 2
35.8
_
1.5
2
53
10
9
3
3
_
5
-
3. 5 |
460 .0 !
69. 4 |
18. 4
6. 1 !
5 .0 i
_ i
22. 1 !
_ ;
5
47
23
15
5
1
48
11
18
_
2
_
_
_
1.6
448. 3
110.7
52. 2
_
3 .4
_
_
_
5 .6
4 0.6
342 .4
102.8
5. 5
137. 2
1.7
30. 2
_
1. 5
_
_
74.7
_
_
1.0
_
2 .0
_
1
3
8
54
33
3
38
1
7
_
1
_
_
10
_
_
1
_
|
1
4
6
9
_
16
1
1
_
1
1.6
15.0
4 9.5
18. 3
■
8 7 .5
438.9
192. 3
44. 2
6. 7
6 3 .4
1.7
2.5
_
1.5
N on m an u factu rin g---- --------
—
-------
1
1
l
3
18
i
2
i
|
j
;
|
*
i
!
7 1.9
2.5
3.5
1,5
"
-
_
1 Many a g reem en ts include m o re than one arrangem ent for interplant tra n sfe rs, consequently, the horizon tal com ponents e x ce e d the total.
2 E xclu de r a ilr o a d and a irlin e industries.
NOTE:
B e c a u s e o f ro u n d in g ,
sum s
o f in d iv id u a l
ite m s
m a y n o t e q u a l t o t a ls .
Q
T a b le 4 .
S e n io r it y a s a F a c t o r in In terp la n t T r a n s f e r s in M a jo r C o l le c t iv e B a r g a in in g A g r e e m e n t s , b y I n d u s try ,
1 9 6 6 -6 7
*
(W ork ers in thousands)
R eferrin g to se n io rity as a fa c to r in tran sferrin g
Industry
having
p ro v isio n s
Total
Agreem ents W orkers
A ll in du stries
— ____ — __________ __ — _
M a n u fa ctu rin g -------------------------------------------------------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 cco m a n u fa c tu r e s ----------——-----------------------—
T ex tile m ill p r o d u c ts __________— -------------------------- —
A p p a rel and other fin ish ed
produ cts ------------------------------------------------------------------L u m b er and w ood p rod u cts,
ex cep t fu r n itu r e -------- r
----------------------------------------------Furn iture and f ix t u r e s ----------------------------------------------P a p er and allied p r o d u c t s ------------------------------- ------- —
P rin tin g, publishing, and
a llie d in d u s t r ie s _________ _— --------------------------------C h em ica ls and allied p r o d u c t s -- , -----------------------------P etro leu m refining and rela ted
in d u stries —
__
. . . . ----------R u bber and m is ce lla n e o u s p la s tic s
p r o d u c t s -------------------------------------------------------------------L eath er and leath er p r o d u c t s ----------------------------------Stone, cla y , and gla ss p r o d u c t s ----------------------------—
P r im a r y m etal i n d u s t r ie s ------— -----------------------------F a b rica te d m etal p r o d u c t s ----------------------------------- ----M achinery, excep t e l e c t r i c a l ----------- ------- ---------------E le c t r ic a l m ach in ery, equipm ent,
and supplies _______________________________________
T ran sp ortation e q u ip m e n t ---------------------------------------Instrum ents and rela ted
p r o d u c t s ---- ------------------ — --------------------- — ------ -------M iscella n eou s m a n u fa ctu rin g -----------------------------------
A greem ents
M odified
sen iority
Straight
se n iority
W orkers
A g reem en ts W orkers
349
2,5 6 4 . 1
66
186
1,598. 3
12
52
3
5
5 4 .0
157.5
7. 1
9 .2
12
2
2
6
No
r efere ince
to seni<j>rity
Com binations
A greem ents W orkers
A greem ents W orkers
Agreem ents W orkers
430. 1
268
1 ,9 6 9 .2
15
164.8
237
880 .7
41
282 .9
130
1, 150.6
15
164.8
156
502 .8
5
24
1
-
38.6
9 7 .5
1. 1
-
1
8
1
-
5 .5
3 1.8
1. 1
-
4
13
-
33. 1
4 9 .4
-
_
3
-
16. 3
-
7
28
2
5
15.4
6 0 .0
6 .0
9 .2
55. 2
2
12.0
-
-
2
12.0
-
-
10
43. 2
4 .0
4 .0
19.4
1
3
1.4
4 .4
-
-
1
3
1 .4
4 .4
-
-
1
2
3
2 .6
4 .0
15. 1
3
14
4 .9
28. 2
4
7 .4
2
3.7
2
3 .7
-
-
3
10
4 .9
2 0 .8
11
25 .9
7
12.2
2
2 .6
5
9 .7
-
-
4
13.7
2
3
6
8
9 .9
19 .4
30. 3
16.7
3
12
31
11
15
8 .0
5 9 .7
273 .8
4 1 .9
8 1 .8
5
1
1
115.0
5 .7
3. 2
1
4
4
9
8
14
1.8
10. 5
6 .5
2 7 .9
15. 1
4 2 .2
24.7
9
30
2 7 .4
173.9
3, 444. 8
342
2, 101.0
586
9 .8
2 0 .3
8 5.5
446 .9
6 2.7
143.8
3
2
15
42
12
24
20
56
5 9 .4
890 .7
11
26
32.0
716 .8
4
3
12.6
148. 2
7
18
19.5
544 .0
5
5
1
10.0
3. 0
3
1
7 .0
3. 0
1
”
1. 4
2
1
5 .6
3. 0
■
“
2
-
3 .0
"
244
M ining, crude p etroleu m , and
natural gas p r o d u c t io n -------------------------------------------T ran sp ortation 1 ---------------------------------------------------------C om m unic a t io n s ----------------------------- — -----------------------U tilities: E le c t r ic and g a s --------------------—------- — ----W holesale trade — ------------------------------ ----------— ------ —
R etail t r a d e ----------------------------------------------------------------H otels and r e s ta u r a n ts --------------------- ------ — ------ — ----S e r v ic e s — --------------------— -----------------------------------------C o n s tr u c tio n -----—-------------------------------------------- — ------M iscella n eou s nonm anufacturing ---------------------- -— -
4
6
19
51
20
38
8 .0
9 .9
79. 1
419 .0
47.6
101.6
1, 343.8
163
965 .9
25
147.2
138
818 .7
-
-
81
377 .9
7
56
67
47
9
45
2
10
1
9 1.0
482 .0
4 43 .2
125.8
13.7
146.7
4 .2
35.8
1. 5
5
53
40
27
7
26
1
3
1
9. 1
475 .0
296.2
70 .7
11.2
9 2 .4
2.5
7. 3
1. 5
1
12
3
2
1
4
2
-
3. 0
7 1 .8
38. 2
5 .6
3 .5
19.3
6 .0
-
4
41
37
25
6
22
1
1
■
1
6. 2
403. 2
258. 1
65. 2
7 .7
73. 1
2. 5
1.4
~
1. 5
“
"
"
2
3
27
20
2
19
1
7
“
8 1 .9
7 .0
147. 0
55. 1
2. 5
54. 3
1•7
28. 5
"
1 E xclu des r a ilr o a d and a irlin e in d u stries.
NOTE:
B e c a u s e o f r o u n d in g , s u m s o f in d iv id u a l it e m s m a y n o t e q u a l to t a ls .
-
“
T a b le 5 ,
C o m p e tit iv e S e n io r it y in the R e c e iv in g P la n t in M a jo r C o l le c t iv e B a r g a in in g A g r e e m e n t s , b y I n d u s try , 1 9 6 6 -6 7
R e fe rrin g to com petitive sen iority in r e ce iv in g plant
having
p rovision s
Industry
A g ree
m ents
W ork
ers
F ull
sen iority
T otal
A g ree
m ents
W ork
ers
A g ree
ments
M odified
se n iority
W ork
ers
A g ree
m ents
W ork
ers
S eniority lo s t,
new em ployee
status
A g r e e W ork
ers
ments
S p e cific
circu m sta n ce
A g ree
ments
S eniority
varied
W ork
e rs
A g ree
ments
W ork
ers
S eniority
to be
negotiated
A g ree
W ork
ments
ers
No
referen ce
A g re e
ments
W ork
ers
586
3, 444. 8
452
2 ,9 9 2 .9
181
775. 3
13
8 8 .9
95
4 02 .5
4
15.7
148
1 ,6 6 1 .4
11
4 9 .2
134
4 51 .9
...
342
2. 101.0
272
1 ,8 8 7 .0
95
334. 2
10
8 4 .4
79
292 .5
!
6 .5
79
1, 140.0
8
29 .5
70
214. 1
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 co m a n u fa c tu r e s ------------------T extile m ill p rod u cts - ------- —
A p parel and oth er fin ish ed
p r o d u c t s _______________________ __
Lum ber and w ood prod u cts,
excep t fu r n itu r e __________________
Fu rn iture and f i x t u r e s ____________
P a per and a llie d p r o d u c t s ------------P rintin g, publishing, and
a llied in d u s t r ie s _________________
C h em ica ls and a llie d produ cts — . .
P etroleu m refin in g and rela ted
indu s tr ie s ------------------------------------Rubber and m is ce lla n e o u s
p la s tics p r o d u c t s ------------------------Leath er and leath er p r o d u c t s ------Stone, c la y , and gla s s p rod u cts —
P r im a r y m etal in d u stries -----------F a b rica ted m etal produ cts _ __
M achinery, excep t e le c t r ic a l — —
E le c t r ic a l m a ch in ery, equip
m ent, and supplies . -------T ran sp ortation equipm ent — -----—
Instrum ents and rela ted
produ cts
......
M iscella n eou s m a n u fa c tu r in g -------
12
52
3
5
54.0
157.5
7. 1
9 .2
10
40
3
2
5 0 .9
133.9
7. 1
3. 1
6
10
1
.
6
_
19.0
-
2
10
1
2
5 .4
24 .5
1.0
3. 1
-
_
-
2
13
1
-
5. 1
6 6 .9
5 .0
-
4 0 .4
2 2 .4
1. 1
-
-
1
-
1.2
-
2
12
>
3
3. 1
23.6
6. 1
12
55. 2
1
2.5
1
2.5
-
-
-
-
-
-
-
-
-
11
52.7
2
2
6
4 .0
4 .0
19.4
2
2
5
4 .0
4 .0
17.4
1
2
1
1.4
4 .0
1.2
-
1
2
2.6
2. 2
-
-
2
_
_
14. 1
_
_
-
_
_
-
_
_
1
2 .0
3
14
4 .9
2 8 .2
-
13.9
-
4 .7
-
-
-
-
-
-
-
3
5. 2
-
_
1
1.8
_
_
3
7
4 .9
14. 3
A ll in du stries .
. —
M anufacturing .
... .
7
2
-
1
2. 2
-
I
-
11
25.9
10
23.8
1
2.8
-
-
1
6 .5
6
9 .7
2
4 .9
1
2. 1
4
6
19
51
20
38
9 .8
20.3
8 5.5
446. 9
62.7
143.8
4
6
17
46
20
29
9 .8
20. 3
8 2 .5
424.7
6 2 .7
115.9
1
1
5
3
7
15
1.8
6. 3
13.0
6 .7
13. 2
28. 2
2
1
3
5
8
18
8
6
8 .0
14. 1
27.0
132. 1
11.8
34.5
-
_
-
4
23
3
6
_
42 .5
277. 2
9 .4
12.9
_
2
1
_
8 .9
5 .5
_
2
5
9
3. 1
2 2 .2
_
27.9
20
56
5 9 .4
890.7
17
46
49 .7
849 .5
13
21
39.5
136.8
-
3
6
4 .8
13.6
-
-
1
17
5 .4
690. 2
2
9 .0
3
10
9 .7
4 1 .2
5
1
10.0
3 .0
4
1
8 .5
3.0
4
8 .5
*
1
3.0
-
-
-
“
-
1
-
1.5
-
N on m an u factu rin g______________
244
1, 343.8
180
1, 105.9
86
441 .2
3
4 .5
16
110.0
3
9 .2
69
521 .5
3
_ 19.7
64
237 .9
M ining, cru de petroleu m , and
natural gas produ ction --------T ran sp ortation 1 _____ — .
C om m unications . . . .
U tilities: E le c t r ic and g a s _______
W holesale t r a d e -------- --------------------R etail trade — ----------- —------------ -----H otels and r e s ta u r a n ts ____________
S e r v ic e s . _
..
. . . . .
C o n s tr u c t io n ----------------------------------M iscella n eou s nonm anufacturing . .
7
56
67
47
9
45
2
10
.
91 .0
482 .0
443. 2
125.8
13.7
146.7
4. 2
35.8
_
1.5
6
56
44
27
4
35
1
6
-
9 0 .0
482 .0
305.0
81. 1
7. 1
125.5
2.5
1 1.4
.
1.5
2
4
32
13
1
30
1
2
1
3.5
2 9 .4
235. 2
44 .6
1.0
119.9
2 .5
3.7
_
1.5
2
1
_
_
_
“
3 .4
1. 1
_
-
3
1
1
7
_
2
_
2
_
8 4 .9
1.8
2 .2
15.9
2. 1
.
3 .2
_
!_
2 .2
7. 0
.
_
_
1
49
6
6
2
3
_
2
1.6
448 .8
4 4 .4
13.6
5 .0
3.5
_
4 .6
_
2
1
_
_
_
_
_
2 .0
17.7
_
1
23
20
5
10
1
4
_
1. 1
138.2
4 4.8
6 .6
2 1 .2
1.7
2 4.4
-
“
1
1
2 8 .4
34.9
-
-
2
1
1
_
_
r
_
"
_
-
“
-
_
.1
_
-
1 E x clu d es r a ilr o a d and a irlin e industries.
NOTE:
B e c a u s e o f r o u n d in g , su m s o f in d iv id u a l it e m s m a y n o t e q u a l t o t a ls .
-4
01
T a b le 6.
S e n io r it y Status up on F lo w b a c k to the O r ig in a l P la n t in M a jo r C o l le c t iv e B a rg a in in g A g r e e m e n t s , b y In d u s t r y ,
1966—
67
(W ork ers in thousands)
R e fe rrin g to p rio rity status in the o rig in a l plant upon flow back
Industry
Total
having p rovision s
A g ree
ment
W orkers
A ll indu stries -----------------------------------------------------
586
3 ,4 4 4 .8
Seniority
lost
Total
W orkers
A g ree
ment
W orkers
A g ree
ment
238
2, 161 .4
16
80. 1
80
A g ree
ment
Seniority
varied
Seniority
retained
Seniority fo r
given p eriod
No refe r e n c e
to sen iority in
orig in a l plant
A g ree
W orkers
ment
A g ree
ment
W orkers
A g ree
ment
W orkers
558. 1
97
1039.5
45
483 .8
348
1 ,2 8 3 .4
36
449. 2
196
656. 1
12. 0
132.8
7. 1
6. 1
55.2
2. 6
4. 0
4. 2
4 .9
24. 0
12.4
1. 8
9 .9
72.4
75.8
10. 7
70. 5
W ork ers
M a n u fa ctu rin g______________________________________
342
2, 101.0
146
1,445. 0
14
77. 0
23
81. 1
73
837. 7
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 co m a n u fa c tu r e s ________________________________
T extile m ill p r o d u c ts __________________________________
A p p a rel and other fin ish ed p r o d u c t s _________________
Lum ber and w ood produ cts
_
__ _
Fu rn iture and f ix t u r e s ________________________________
P a per and a llie d p rod u cts ____________________________
P rintin g, publishing, and a llie d in d u s t r ie s _________
C h em icals and a llie d p r o d u c t s ________________________
P etroleu m refining and rela 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 r o d u c t s ________________________
Stone, c la y , and g la ss p r o d u c t s ______________________
P r im a r y m etal in d u s tr ie s _____________________________
F a b rica ted m etal p r o d u c t s ____________________________
M achinery, except e l e c t r i c a l ________________________
E le c t r ic a l m a ch in ery , equipm ent,
and s u p p lie s __________________________________________
T ran sp ortation equipm ent_____________________________
Instrum ents and rela ted p r o d u c t s ____________________
M iscella n eou s m a n u fa ctu rin g ________________________
12
52
3
5
12
2
2
6
3
14
11
4
6
19
51
20
38
54.0
157. 5
7. 1
9 .2
55.2
4 .0
4 .0
19.4
4 .9
2 8 .2
2 5.9
9 .8
20. 3
85. 5
446. 9
62.7
143.8
8
10
2
1
3
2
6
3
4
4
30
12
10
42. 0
24. 7
3. 1
1 .4
15. 3
4 .2
13.5
8 .0
10. 5
13. 1
371. 1
52 .0
73. 3
1
1
1
1
1
3
4. 5
2 .0
1.4
1. 2
1. 5
38.8
.
3
4
1
1
2
2
2
.
9 .7
10. 1
6. 3
1. 0
5. 2
2 .9
2 8 .2
7
6
1
1
1
1
2
3
3
3
10
7
4
37. 5
13. 0
1.8
1 .4
12. 0
2. 1
3 .4
8. 0
4. 2
12. 1
49. 7
39. 8
5. 3
1
18
3
1
2. 1
316. 3
9. 3
1. 0
4
42
3
3
12
1
2
3
3
12
5
1
2
15
21
8
28
20
56
5
1
5 9.4
890. 7
10.0
3.0
12
35
3
1
32 .4
770 .8
7 .0
3 .0
2
2
2
-
13.2
9 .0
5. 6
-
4
4
-
8. 6
9. 3
-
4
19
1
7 .9
636. 1
3. 0
2
10
1
-
2. 7
116. 5
1.4
“
8
21
2
0
27. 1
119.9
3.0
0
N on m an u factu rin g__________________________________
244
1 ,3 4 3 .8
92
716. 5
2
3.2
57
477. 0
24
201 .8
9
34. 6
152
627. 3
M ining, cru de p etroleu m , and natural
gas p r od u ction ____________________ _________________ _
T ran sp ortation 1_______________________________________
C o m m u n ic a tio n s ----------------------------------------------------------U tilities: E le c t r ic and g a s ___________________________
W holesale t r a d e _______________________________________
R etail t r a d e ------------------------------------------------------------------H otels and restaurants -----------------------------------------------S e r v ic e s ________________________________________________
C o n s tr u c tio n -----------------------------------------------------------------M iscella n eou s nonm anufacturing -------------------------------
7
56
67
47
9
45
2
10
1
91 .0
4 8 2 .0
443 .2
125.8
13. 7
146. 7
4 .2
35.8
1. 5
4
50
13
16
1
6
2
-
8 5 .6
4 5 6 .8
110.8
4 3 .4
1. 1
14. 3
4. 6
-
1
1
-
2. 1
1. 1
-
40
5
7
4
1
-
412. 2
34. 0
15.9
11. 5
3. 5
-
4
3
8
6
2
85. 6
13. 2
76 .8
22. 3
2. 8
1. 1
-
7
2
-
31. 5
3. 2
-
3
6
54
31
8
39
2
8
1
5. 4
2 5.2
332. 5
82. 5
12.6
132.4
4. 2
31.2
1. 5
E xcludes r a ilroa d and a irlin e in d u strie s.
NOTE:
B e c a u s e o f r o u n d in g , s u m s o f in d iv id u a l it e m s m a y n ot e q u a l tota ls,
,
‘
;
1
_
_
T a b le 7.
R e lo c a t io n A llo w a n c e P r o v is io n s in M a jo r C o l le c t iv e B a r g a in in g A g r e e m e n t s ,
by Industry, 1966—67
(Workers in thousands)
R e fe re n ce to re lo c a tio n allow ance
Industry
Total number
studied
A g re e m ents
W ork ers
Total having
interplant
tra n sfe r
p ro v isio n s
A greem ents
W o rk ers
A g reem ents
Paym ent of
s p e c ific or
g en eral
expenses
Lump sum
paym ent
T otal
W ork
ers
A g re e
m ents
W ork
ers
A g re e
m ents
W ork
ers
P e r diem
(includes c o m
binations with
other expense
paym ents)
A g r e e W ork
m ents
ers
Nature of
reloca tion
allow ance
not sp ecified
A g ree
m ents
W ork
ers
Interplant
transfer
p r o v is io n s ,
no r eferen ce
to relocation
allow ance
A g ree
ments
W ork
ers
A ll industries-----------------------
1.823
7 ,3 3 9 ,2
586
3. 444. 8
202
2. 078. 1
90
1, 269. 6
102
722. 6
8
53. 1
2
32. 8
384
1. 366. 7
Manufacturing--------------------------
1.048
4. 155. 5
342
2. 101. 0
99
1. 357 .6
83
1. 249. 9
8
63. 4
7
35. 4
1
9. 0
243
743.4
18
126
11
30
6 7 .9
382 .0
24. 2
71 .8
12
52
3
5
54. 0
157. 5
7. 1
9 .2
4
10
_
-
-
>
-
49. 2
.
-
25. 5
-
„
10
4
-
-
25. 5
49. 2
-
-
8
42
3
5
55
392 .0
12
55. 2
-
-
-
-
-
-
-
-
-
-
12
55. 2
13
18
50
2 4 .6
2 9 .6
112. 2
2
2
6
4. 0
4. 0
19. 4
_
_
_
_
_
_
_
-
1. 1
-
-
-
1
1. 1
-
-
~
-
2
2
5
4. 0
4. 0
18. 3
28
61
59. 1
106.8
3
14
4 .9
28. 2
1
-
1. 4
-
_
_
1
_
_
_
-
-
1. 4
-
_
-
-
-
-
-
2
14
3. 5
28. 2
20
44. 9
11
25.9
2
8. 1
-
-
1
1. 6
1
6. 5
-
-
9
17. 8
21
23
4
6
19
51
20
38
9 .8
20. 3
85. 5
446. 9
62. 7
143.8
_
_
_
_
_
_
_
_
_
-
-
-
-
_
-
106
55
115
107. 6
73. 8
115. 5
545. 7
129.9
374. 6
_
_
4
6
19
15
12
27
9 .8
20. 3
85. 5
44. 3
15. 7
50. 0
106
118
398. 7
1, 075. 5
20
56
59. 4
890. 7
24
723. 5
18
20
32
59. 4
167. 2
25
12
48. 6
2 8.9
5
10. 0
3. 0
2
-
5 .6
-
3
1
4. 4
3. 0
N onm anufacturing-------------------
775
3, 183. 8
244
1, 343. 8
103
720. 5
141
623. 3
Mining, crude petroleum, and
natural gas p rod u ction ---------------Transportation 1 ---------------------------Communications —
-----------------------Utilities: E lectric and g a s ---------Wholesale tra d e----------------------- ----Retail trade — ------------------------------Hotels and restu a ra n ts----------------S e rv ices ---------------------------------------Construction--------------------------------Miscellaneous nonmanufacturing —
16
91
88
80
19
119
37
65
256
4
111. 4
607. 0
524.9
180. 0
35. 3
317. 6
171. 5
258. 2
970 .9
7. 2
7
56
67
47
9
45
2
10
91. 0
482. 0
443. 2
125.8
13.7
146. 7
4. 2
35.8
2
35
33
27
4 .6
374. 4
254. 0
73. 1
Ordnance and a c c e s s o r ie s ---— —
Food and kindred p rod ucts-----------Tobacco manufactures------------------Textile m ill products--------------------Apparel and other finished
p rod u cts----------- ---- ------------ — — —
Lumber and wood products,
except furniture---------- ---- ----------Furniture and f i x t u r e s ----------------Paper and allied p r o d u c ts -----------Printing, publishing, and
allied industries-------------------------Chemicals and allied products-----Petroleum refining and related
industries — ----- -------------------------Rubber and m iscellaneous plastics
products — ----------- ----------- — -----Leather and leather products — ---Stone, clay, and glass products---Prim ary metal industries------------Fabricated metal products —
------ —
Machinery, except e le c t r ic a l------E lectrical machinery, equipment,
and s u p p lie s ------------------------------Transportation equipm en t-----------Instruments and related
p rod ucts-------------------------------------Miscellaneous m anufacturing-------
i7
1
-
1
1 Excludes railroad and airline industries.
NOTE:
B e c a u s e o f ro u n d in g , su m s o f in d iv id u a l it e m s m a y n ot eq u a l to ta ls ,
-
36
8
11
402. 6
47. 0
9 3 .8
_
_
35
8
10
_
1
1. 1
2
7. 6
396. 1
47. 1
90. 0
_
-
-
1
_
-
.
1
6. 5
_
-
-
-
-
-
-
-
1
3 .8
-
-
-
-
_
_
_
_
2
3. 5
1
9. 0
_
2
-
5 .6
-
_
_
_
_
_
-
-
-
-
-
-
7
19.8
94
659. 3
1
1
23. 8
32
31
26
361 .4
212. 5
72. 0
_
2
3
4. 6
13.0
-
-
49. 0
5
6
2
7
6
1
2
0
.
_
5 .8
-
-
-
-
.
_
_
“
-
~
1
1. 5
_
“
86.
107.
189.
52.
12.
139.
4.
30.
_
.
_
2
7. 6
-
~
5
21
34
20
8
43
2
7
_
_
3
-
_
23.8
_
_
-
1
_
_
-
.
_
_
_
_
_
5 .8
_
17. 7
5
3
1
2
.
-
1. 1
1. 1
3
1
17.7
28.
108.
7.
9.
_
_
1
1
-
"
-
3
-
1. 5
-
662. 0
_
_
-
_
"
■
.
_
_
Appendix A. Selected Plant Movement, Transfer, and
Relocation Allowance Provisions
To illustrate how the three types o f job secu rity clau ses are linked, this appendix r e
prod u ces a num ber o f p rov ision s in their entirety.
The fir s t section of the appendix co n
tains sev era l com plete plant m ovem ent, interplant tra n sfer, and reloca tion allowance p r o
v is io n s , w hereas the secon d and third section s contain illustrative p rov ision s relating to
plant m ovem ent and reloca tion a llow a n ces, re sp e ctiv e ly .
W here n e ce ssa ry , intervening but
irrelev a n t clau ses have been deleted.
79
80
Part I. Plant Movement, Interplant Transfer, and Relocation Allowance Provisions
From the agreement between
Armour and Company and the Meatcutters (AFL-CIO)
(expiration date: August 1970)
ARTICLE XXXIII
IN TE R -PLA N T TRANSFER RIGHTS
23.1
In ter-P lan t T ra n sfer R equirem ents
The com pany and the union have reached the follow ing com plete understanding and
agreem ent regarding in ter-plan t tra n sfer of em p loy ees.
Any em ployee in any bargaining
unit liste d in appendixes A and A - 1 who is perm anently separated from se rv ice under
circu m sta n ces which entitle him to separation allowance under section 19. 1, and who is
p h y sica lly fit and under age 60 at the date of term ination of s e r v ic e , and does not reach
age 60 b e fo re the e a r lie r o f the date of tran sfer or date o f expiration of the calendar
weeks of e lig ib ility fo r T .A . P. , and who has the ability to do the job or to learn the job
within a reasonable length o f tim e, shall have the right to disp lace the junior em ployee
h ired on o r after the displacem ent date sp ecified fo r each plant in appendix J.
Such
right shall be e x e r c is e d in a ccorda n ce with the follow ing conditions:
(a) The com pany shall m aintain a lis t of the em ployees co v e re d by the m aster a g re e
m ent arranged in o rd e r o f plant s e r v ice dates (hereinafter r e fe r r e d to as the "m a ster
agreem ent sen iority lis t " ).
The com pany shall make sen iority lis t inform ation available
to the union in such form and to such extent as m ay be n e c e s s a ry fo r the effective im
plem entation of this section .
The automation com m ittee shall form ulate the requisite
p roced u re s fo r this pu rpose.
(b) Within 90 calendar days or such low er number of days as the automation c o m
m ittee m ay p rov id e, but in no event shall the automation com m ittee provide a p eriod of
le ss than 30 calendar days, from the date of an em p loy ee's perm anent separation, such
em ployee shall file in his home plant em ploym ent o ffice o r other location designated by
the com pany a w ritten requ est to be tra n sferred to another plant to which he has rights
o f tra n sfer under this section , designating in the ord er o f p re fe re n ce the three plants to
which he d e sire s to be tra n sfe rre d .
(c) To the extent that va ca n cies or positions held by ju n ior em ployees subject to r e
placem ent are available, requests fo r tra n sfer to plants of the em p lo y e e fs p referen ce
shall be granted in the o rd e r o f the e m p loy ee's continuous s e rv ice on the m aster a g re e
m ent sen iority lis t.
If no such va ca n cies or positions are available at the p re fe rre d
plants, the com pany m ay o ffe r to the em ployee tran sfer to available vacan cies or p o s i
tions at other plants.
(d) An e m p lo y e e s rights o f tra n sfer under this section shall term inate in the fo llo w
ing circu m sta n ce s:
(i)
Upon the expiration of two years from the date o f perm anent separation.
(ii) Upon em ployee refu sa l o f a p rop er o ffe r made in accord an ce with appropriate
ru le s.
The automation com m ittee shall form ulate rules and p roced u res to govern
such o ffe rs and their acceptance o r refu sal.
Such rules m ay not be inconsistent with
any o f the p rov ision s contained in this section .
(iii) Upon acceptance o f separation pay pursuant to section 19. 3 o f this m aster a g re e
ment.
(iv) Upon retirem en t under the term s o f the m aster agreem ent pension plan.
81
(e) The num ber o f tra n sfers under this section into any bargaining unit in any one
year m ay be su bject to reasonable lim itations in accordan ce with rules to be form ulated
by the automation com m ittee .
(f) Upon a tra n sfer as above provided, the tra n sferred em ployee shall be cred ited
with those continuous se r v ice rights p re v iou sly accum ulated and shall thereafter continue
to accum ulate such additional se r v ice rights without a break in continuity.
(g) The sen iority date o f the tra n sfe rred em ployee at the plant to which he is tra n s
fe r r e d shall be the displacem ent date applicable at such plant as provided in appendix J,
or his continuous se rv ice date as shown on the m aster sen iority list, w hichever is later.
(h) The com pany shall advise all em ployees newly h ired on or after the displacem ent
date in e ffe ct at any bargaining unit into which tra n sfers m ay be made under this section
that their sen iority rights are subject to the foregoin g inter-plant tran sfer rights provided
in the m a ster agreem ent.
(i) E m ployees who tran sfer in accordan ce with the proced u re herein shall be entitled
to re ce iv e allow ances tow ard m oving expenses in a ccord an ce with the follow ing sch ed ule:
Distance between
fo r m e r plant
and new plant
0 - 2 4 _________________
25— 9 _________________
9
1 0 0 -299_______________
3 0 0 -4 9 9 _______________
5 0 0 -9 9 9 _______________
1, 000 or m o r e ________
Single
None
$40
70
100
125
150
M a rried or
head of
household
None
$150
235
325
410
500
Such reloca tion allow ance, subject to the ajaove m axim um lim its, m ay at the e m
p lo y e e ’ s option include actual co st of m oving p o s se ss io n s or transporting em ployee and
his fa m ily to the new location .
W here the em ployee elects not to m ove his p o s s e s s io n s ,
such allow ance m ay at the em p lo y e e ’ s option include the amount which it w ould otherw ise
have co st to m ove such p o sse ssio n s (as evidenced by an estim ate from a reputable
m o v e r).
W here the em ployee m oves his p o s se ss io n s h im self, the allowance m ay at the
e m p lo y e e ’ s option include the co st o f rental o f tra ile r, truck, or other veh icle fo r such
m ov e, the reason able value of labor fo r loading and unloading, and reasonable expenses of
transportation.
Such reloca tion allow ance shall be charged against the automation fund.
In the
event, how ever, that there is in su fficien t m oney in the automation fund, the com pany
shall pay the reloca tion co sts in a ccord a n ce with the applicable tran sfer proced u res and
establish ed allow ance sch edules.
(j)
In the event that an em ployee re ce iv e s or is elig ib le for benefits from F ed era l
a n d /or State governm ents o r agencies fo r retraining o r reloca tion , the obligations of the
automation fund and the com pan y’ s obligations, if any, fo r sim ila r benefits under this
agreem ent, shall be reduced to the extent of such F ed eral a n d /or State benefits.
ARTICLE X X IV -A
NEW PACKING, PROCESSING PLAN TS
OR ABATTOIRS
24. 1
Any new m eat packing, p ro ce ss in g plant o r abattoir established by the com pany
during the term o f this agreem ent shall be co v e re d by this agreem ent subject to the
follow in g conditions.
82
(a) The plant shall be one w hich is (1) ca rv ed out o f an existing m eat packing plant
co v e re d by this agreem ent, o r (2) established in the g rea ter M idwest (including fo r p u r
p oses o f this section Pennsylvania w est o f the A llegh en ies) or the far W est (excluding the
Southeast, Southwest and the N orth east);
(b) If within 90 days after d e liv e ry o f w ritten notice by the com pany of the opening
of a new plant d e s crib e d in paragraph (a) above, the union shall advise the com pany in
w riting o f mutual agreem ent betw een the national o ffic e s o f this union and the United
P ackinghouse, F ood and A llied W o rk e rs, A F L -C IO with re s p e ct to the tran sfer o f e m
p loyees from existing m eat packing plants co v e re d by their resp ectiv e m a ster agreem ent
to such new ly estab lish ed m eat packing or p ro ce ss in g plant o r abattoir, the com pany shall
o ffe r tra n sfer opportunities to em ployees in accord an ce with such agreem ent p rovid ed ;
h ow ever, that such agreem ent is con sistent with the initial staffing o f the plant on an
o rd e rly operation al b a s is .
(c) If the new plant is in the sam e labor m arket area as a presen tly existing plant c o v
ered by this agreem ent, em ployees with seniority rights in the existing plant in the sam e labor
m arket area shall be o ffe re d em ploym ent in the new plant in o rd e r of sen iority. E m ployees so
em ployed shall be cre d ite d with all continuous s e r v ice and sen iority rights held at such e x is t
ing plant and shall th ereafter continue to accum ulate additional s e rv ice rights and sen iority.
(d) If the new plant is in a com m unity outside o f the labor m arket of an existing
plant c o v e re d by this agreem ent, presen t em ployees shall be o ffe re d em ploym ent at the
new plant in o rd e r o f sen iority p rovided that the com pany shall not be obliged to fill
m o re than eighty (80) p ercen t o f the jo b s available in the new plant in such m anner.
E m ployees tra n sfe rre d to the new plant under this paragraph shall be cred ited with all co n
tinuous s e r v ice and sen iority rights held at the plant from which the em ployee tra n sfe rs.
(e) If the union has been c e r tifie d by the National Labor Relations B oard or presen ts
sa tisfa cto ry p ro o f that the union has been designated by a m a jo rity o f em ployees in an
appropriate unit o f their bargaining representative in the new plant.
(f) The p rov ision s o f this a rticle are su bject to any lega l obligations o f the com pany
under F ed era l labor law s.
AR TIC LE X X IV -B
REPLACEM EN T PLANTS
24. 1 S en iority and S erv ice Rights in R eplacem ent Plants
When the com pany gives notice o f the closin g o f a plant pursuant to section 25. 1
of the m a ster agreem ent and the com pany has estab lish ed o r th ereafter establishes a r e
placem ent plant (as defined b y the automation com m ittee), em p loy ees with sen iority rights
in the c lo s e d plant shall be o ffe r e d em ploym ent at the replacem en t plant in o rd er of s e
n iority .
E m ployees so em ployed shall be cred ited with all continuous se rv ice and s e n io r
ity rights held at the c lo s e d plant and shall thereafter continue to accum ulate additional
s e rv ice rights and se n io rity without a b reak in continuity.
The replacem ent plant shall
be co v e re d by the the term s o f the m a ster agreem ent.
24. 2 E m ployee Rights— Insufficient Job Opportunities
In the event there are not su fficien t job opportunities in the replacem ent plant to
p erm it em ploym ent o f all o f the em ployees from the c lo s e d plant the em ployees affected
shall have w hatever rights m ay be provided such em ployees in this m aster agreem ent with
re sp e ct to in ter-plan t tra n sfe rs and T. A. P . benefits unless the com pany and the union
agree oth erw ise.
83
A R TIC LE XXV
NOTICE OF PLANT CLOSING AND
TECHNOLOGICAL ADJUSTMENT PLAN
25. 1 N otice o f Plant C losing
The com pany shall give notice in w riting to both the International and lo ca l union
o f the clo sin g o f a plant o r a division o f a plant, or a m a jo r departm ent of a plant, at
least six (6) full calendar months p r io r to such closin g .
An em ployee who was on the
active p a y ro ll o f the affected plant on the date o f such a notice or at any tim e thereafter
excluding tem p ora ry replacem en ts o r newly hired em ployees and who is perm anently
separated fro m the s e r v ice as the resu lt o f such closin g (reg a rd less o f whather the e m
ployee is em ployed in the particu lar division or m a jor departm ent clo se d ) p rio r to the
expiration o f the a fo re sa id six (6) full calendar m onths, shall be paid eight hours* pay
at his regu lar b a sic h ourly rate fo r each day (based on a five day w ork w eek) after his
separation w hich is within the six (6) full calendar month p e rio d and which is not within
a w eek fo r w hich a w eekly guarantee is paid.
25. 2 T ech n ologica l Adjustm ent Plan
Any em ployee in any bargaining unit listed in this agreem ent who is perm anently
separated fro m s e r v ice under circu m sta n ces which entitle him to a separation allowance
. . .
shall re c e iv e supplem ental unem ploym ent benefits under the T ech n ological A d
justm ent Plan . . . provided such em ployee m eets all the other elig ib ility re q u ire
m ents . . . below .
25. 3 E lig ib ility fo r T ech n ologica l Adjustm ent Plan Benefits
(a) E m ployee m ust have been on the sen iority list at the tim e the notice was given
p rovided, h ow ever, that an em ployee on a leave o f absence. . . shall be deem ed in e li
gible during the p e rio d o f such leave.
(b) E m ployee m ust have five (5) o r m ore years o f continuous s e rv ice as o f the date
o f a plant closin g o r term ination, w hichever is later.
(c) E m ployee m ust be under sixty (60) years o f age as of the date o f plant closin g
o r term ination, w h ichever is later.
(d) E m ployee m ust be desirou s o f tra n sferrin g to a plant into which a tran sfer m ay
be made under section 23. 1 and m ust signify such d esire by reg isterin g fo r tran sfer
during the p e rio d set forth in section 23. 1 (b).
Such an em ployee who has not indicated
his d e sire to tra n sfer and who is otherw ise elig ib le fo r T. A. P. benefits shall re ce iv e
T .A . P . benefits fo r w hatever p e rio d is perm itted under section 23.1 (b) fo r the em ployee
to decide on tra n sfe r. . . .
APPENDIX H
AUTOMATION FUND
It is re co g n iz e d that the m eat packing industry is undergoing significant changes
in m ethods o f production, p r o c e ss in g , m arketing, and distribution.
Arm our*s m od ern
ization p rog ra m is vital to its ability to com pete and grow su ccessfu lly , thus providing
a reason able return on capital invested in the en trerp rise and providing the assurance o f
continued em ploym ent fo r the em ployees under fa ir standards o f w ages, ben efits, and
w orking con dition s.
Jobs are d ire ctly dependent upon making A rm our products desirable
to presen t and future cu stom ers from the viewpoint of quality and p r ic e .
84
M echanization and new m ethods to prom ote operating and distributing e fficie n cie s
affect the number o f em ployees requ ired and the manner in which they p erform their
w ork.
T ech n ologica l im provem ent m ay resu lt in the need fo r developing new sk ills and
the acquiring of new knowledge by the em p loy ees.
In addition, p roblem s are created
for em ployees affected by these changes that require the join t consideration of the c o m
pany and the unions.
The com pany and the unions have in this and in past agreem ent provided benefits
to soften the e ffe ct o f som e of these changes w here em ployees are laid off or term inated.
H ow ever, it is re cog n ized that these p rob lem s require continued study to prom ote e m
ploym ent opportunities fo r em ployees a ffected by the introduction of m ore efficien t m eth
ods and tech n ologica l changes.
The com pany, th ere fo re , a grees with the unions to continue the automation fund
establish ed on Septem ber 1, 1959.
The automation fund shall continue to be adm inistered
by a com m ittee o f nine, com p osed of four represen tatives of managem ent and two r e p r e
sentatives sele cte d by each o f the two unions, and an im partial chairm an selected by m u
tual agreem ent o f the p a rties.
The m anagem ent and the unions shall each pay fo r the expenses of their resp ectiv e
represen ta tives on the com m ittee.
The fees and expenses o f the im partial chairm an shall be paid by the fund.
The com m ittee is also authorized to utilize the fund fo r the purpose of studying
the p rob lem s resulting from the m odern ization program and making recom m endations for
their solution, prom oting em ploym ent opportunities within the com pany fo r those e m
ployees affected, training qualified em ployees in the knowledge and sk ill required to
p erform new and changed job s so that the present em ployees m ay be utilized fo r this
purpose to the g reatest extent p ossib le and providing allow ances towards m oving expenses
fo r em ployees who tran sfer fro m one plant to another of the com pany's plants in a c c o r d
ance with the proced u res provided in a rticle x x iii.
It is agreed, h ow ever, that the fund
shall not be used to in crea se presen t separation pay benefits or T .A . P. benefits.
The com m ittee should also continue to con sid er other p rogram s and m ethods that
m ight be em ployed to prom ote continued em ploym ent opportunities fo r those affected.
E xcept as e x p licitly provided otherw ise below , the findings and recom m endations
of the com m ittee shall not be binding upon the parties but shall be made to the com pany
and to the unions fo r their further con sideration .
In addition, the com m ittee shall make determ inations and form ulate p roced u res
under the term s o f the m a ster agreem ent as follow s:
F irst, in a ccord a n ce with section 23. 1 (a), p r e s cr ib e the fo rm , form ulate the p r o
cedures and determ ine the extent to which the com pany shall make sen iority list in fo r
m ation available to the unions.
S econ d, in a ccorda n ce with section 23. 1 (b), determ ine the number o f calendar
days within which an em ployee shall file a w ritten request o f tran sfer to another plant.
T h ird , in a ccorda n ce with section 23. 1 (d) (ii), define a p rop er offer of transfer
and form ulate rules and p roced u res providing fo r term ination of an e m p lo y e e ^ right of
tran sfer on refu sal o f such an o ffe r of tra n sfer.
F ourth, in a ccorda n ce with section 23. 1 (e), form ulate rules for lim iting the num
ber of tra n sfers into any bargaining unit in any one y ea r.
Fifth, in a ccord a n ce with section 24. 1 of article x x iv -b , define a replacem ent
plant.
85
From the agreement between
United States Steel Corporation and the
Steelworkers (AFL-CIO)
(eviration date: August 1971)
Interplant and Intraplant T ra n sfe rs
It is recogn ized that con flictin g sen iority cla im s among em ployees m ay a rise when
plant or departm ent fa c ilitie s are crea ted , expanded, added, m erg ed , or discontinued, in
volving the possib le tra n sfer of em p loy ees.
It is agreed that such cla im s are m atters
fo r which adjustm ent shall be sought between management and the appropriate grievance
represen ta tives or com m ittees.
In the event the above p roced u re does not result in agreem ent, the international
union and the com pany m ay w ork out such agreem ents as they deem appropriate i r r e
spective of existing sen iority agreem ents or m ay submit the m atter to arbitration under
such con dition s, p ro ce d u re s , guides and stipulations as to which they m ay mutually
agree . . .
Inter plant Job Opportunities 1
1. An em ployee of a steel plant continuously on layoff fo r sixty (60) days or m ore
who had two or m o re y e a rs of com pany continuous se rv ice on the date of his layoff and
who is not e lig ib le fo r an im m ediate pension and socia l secu rity shall be given p riority
over other applicants (new h ire s, including em ployees with sixty (60) days or le ss s e r v
ice ) fo r job v a ca n cie s (other than tem p orary vacan cies) at other steel plants of the
com pany located within a lim ited agreed-u pon geograp h ical region (hereinafter r e fe r r e d to
as "re g io n ") and co v e re d by an agreem ent between the com pany and the international
union, a ll in a ccord a n ce with the follow in g:
(a) The plants within each such agreed region are set forth in appendix B of this
agreem en t.
(b) The jo b v a ca n cies fo r which em ployees shall be eligible under these p rov ision s
shall be only those that are not fille d fro m the particular plant in a ccord a n ce with the
p rov ision s of this section .
(c) An em ployee shall be given such p riority only if he file s with the management
of the plant fro m which he is laid o ff a written request fo r such em ploym ent specifying
the other plant o r plants at which he would accept em ploym ent.
Such application shall be
on a fo rm provided by the com pany.
(d) E m ployees who thus apply m ay thereafter be given p riority in the fillin g of
job v a ca n cies (other than tem p ora ry va ca n cies) over new h ire s , and after they have been
continuously on la yoff fo r sixty (60) days and have had an application on file fo r thirty
(30) days shall be given such p rio rity in the ord er of their com pany continuous se rv ice
(the e a rlie st date of birth to con trol w here such se rv ice is iden tical), in each ca se p r o
vided such em ployees have the n e ce ssa ry qualifications to advance in the prom otional
sequence involved.
In determ ining the n e ce ssa ry qualifications to advance in the p ro m o
tional sequence involved the n orm al experien ce acquired by em ployees in such sequence
shall be taken into con sideration .
It is recogn ized that there are circu m sta n ces under
which it is im p ra ctica l to a fford such p riority to an applicant because of the im m inence
to his r e c a ll to his hom e plant.
In such a ca se , the com pany shall not incur liability
86
fo r failu re to give p riority to
such longer p eriod as may be
elig ib le fo r em ploym ent shall
another plant than would have
such applicant, if the p eriod does not ex ceed two weeks or
agreed to by the em ployee. An em ployee who is otherw ise
not be requ ired to m eet higher m ed ica l qualification at
been requ ired of him upon r e c a ll to his home plant.
(e) An em ployee laid off fro m one plant who is o ffered and who a ccep ts a jo b at
another plant in a ccord a n ce with the foreg oin g p rov ision s w ill have the same obligation
to report fo r w ork there as though he w ere a la id -o ff em ployee at that plant.
During
his em ploym ent at that plant, he w ill be subject to all the ru les and conditions of e m
ployment in e ffe ct at that plant.
He w ill be con sid ered as a new em ployee at that plant
fo r a ll pu rposes except that the p rov ision s of subsection 13-D— probationary em p loy ees—
w ill not be app licable, and his plant continuous se rv ice fo r determ ining his sen iority fo r
purposes of prom otion , d e cre a se in fo r c e s , or r e ca lls after layoff at that plant shall be
no le ss than his continuous em ploym ent at that plant plus sixty (60) days.
At any tim e
during the fir s t thirty (30) days of his em ploym ent at that plant he m ay elect to t e r m i
nate such em ploym ent without affecting his continuous se rv ice at his hom e plant provided
he gives reason able n otice to plant m anagement and provided further that such an election
w ill a ffect his right to further con sideration under this subsection M in the same m anner
as if he had r e je cte d a job offe re d to him .
If he is laid off from that plant his c o n
tinuous se rv ice at that plant w ill be ca n celled when he is re ca lle d to his home plant,
subject to the p rov ision s of subsection M -l-(g ) below , or when he is em ployed at any
other plant o f the com pany.
If his home plant is clo se d perm anently, his continuous
se rv ice at that plant w ill be ca n celled and the plant to which he was assigned w ill
b ecom e his hom e plant, subject to the election provided in the follow ing sentence.
If
his hom e plant is clo se d perm anently or if his home plant departm ent or substantial
portion th e re o f is perm anently discontinued, and the em ployee has le s s than two y ea rs of
continuous se r v ice fo r layoff purposes at the new plant and m eets the elig ib ility r e q u ir e
m ents fo r severan ce allow an ce, he m ay elect within ninety (90) days of sijch closin g or
discontinuance to be assigned back to his fo rm e r home plant fo r the purpose of receiv in g
severan ce pay and thus term inating his continuous se rv ice with the com pany fo r all p u r
poses under this agreem ent.
(f) if an em ployee r e je c ts a jo b o ffered to him under these p ro v isio n s, or if he
does not respond within five (5) days of the tim e the offer is m ade, d irected to his
last place of re sid en ce as shown on the written request r e fe r r e d to in paragraph c
above, his name shall be rem oved from those eligible fo r p rio rity hereunder, and he
m ay th ereafter apply, pursuant to subsection M - l -( c ) fo r reinstatem ent; provided, how
e v e r , that he shall be entitled to only one such reinstatem ent during the p eriod of one
year after such unaccepted o ffe r u nless he is re ca lle d to active em ploym ent and again
laid o ff during the on e -y e a r p eriod after such unaccepted o ffe r .
(g) An em ployee who a cce p ts em ploym ent at another plant under these p rov ision s
w ill continue to a ccru e continuous se r v ice fo r seniority pu rp oses at his hom e plant in
a ccord a n ce with the applicable sen iority ru les.
If he is re ca lle d to w ork at his hom e
plant:1
(1) He shall have an option to stay or return unless managem ent d ire cts him
to return, in which event his continuous se rv ice w ill continue to a ccru e fo r seniority
purposes at the other plant until the expiration of one of the follow ing applicable periods
if he has not returned to em ploym ent at the other plant by that tim e.
The
p eriod s are as fo llo w s:
If
re ca lle d to a jo b
c la ss 10 o r below job at his hom e plant,
If
re ca lle d to a jo b
c la ss 11 through 18 job at his hom e plant, one (l) y ea r;
If r e ca lle d to a jo b
half ( 1 V2 ) y e a rs;
cla ss 19 o r above jo b at his hom e plant,
six
one
(6) m onths;
and on e-
If prom oted to a higher jo b c la ssifica tio n after his r e c a ll to his home plant, any
lon ger p eriod o f sen iority a ccru a l at the other plant as determ ined by one of the
p eriod s above shall apply as of the date o f his initial r e c a ll to the hom e plant;
87
at the expiration of which period if w ill be can celled if he has not returned to e m
ploym ent at the other plant. At any tim e within the period sp ecified above, m anage
ment at the hom e plant m ay give the em ployee the option of returning to the other
plant.
If the em ployee e le cts to return to the other plant, his continuous se rv ice at
his hom e plant shall be ca n celled .
(2)
If m anagem ent m akes his return to his hom e plant optional and he e lects to
return, his continuous se r v ice fo r seniority purposes at the other plant w ill be ca n
celle d .
(3)
If m anagem ent m akes his return to his home plant optional and he e lects to
rem ain at the other plant, his continuous se rv ice fo r seniority purposes at his home
plant w ill be ca n celled .
(h)
When an em ployee is re ca lled to his home plant from another plant, and the
m anagem ent at such other plant has sound reason for not im m ediately releasin g such
em ployee, the em ployee m ay be retained at such other plant without penalty fo r the
calendar w eek follow ing the calendar week in which such r e c a ll o c c u r s .
If the em ployee
is retained beyond this period fo r the convenience of m anagement at such other plant, he
shall r e c e iv e in addition to pay fo r the jo b p erform ed , such sp ecial allow ance as m ay be
requ ired to equal the earnings that otherw ise would have been rea lized by the em ployee
on the jo b to which he was re ca lle d by his home plant.
2.
P rio rity in the fillin g o f jo b v acan cies (other than the tem p orary va ca n cies) in
steel plants in an area cov erin g m o re than one region and co v e re d by an agreem ent b e
tween the com pany and the international union, shall be afforded em ployees in such plants
in a ccord a n ce with the follow ing:
(a) Such p rio rity shall be afforded to em ployees who have applied fo r em ploym ent
in the region fro m which laid o ff and m anagement has failed to provide em ploym ent and:
(1) Who have 2 or m o re y e a rs of com pany continuous se rv ice at the date of
shutdown and who (a) have elected not later than the end of thirty (30) days from the
date of shutdown to continue on layoff and (b) cannot qualify fo r im m ediate pension and
have not attained the age of 60 and (c) have no em ploym ent and no r e ca ll rights to a
job in the plant or in a region al plant in which they have been em ployed as a result
of a perm anent shutdown of a plant, departm ent, or subdivision th ereof and (d) have
applied fo r em ploym ent hereunder, or
(2) Who have 2 or m o re y e a rs of com pany continuous se rv ice at the tim e of
layoff fro m their plant and (a) in the opinion of the m anagement are not likely to be
returned to active em ploym ent in their plant or in a regional plant within one (1) year
fro m the date o f la yoff and (b) cannot qualify fo r im m ediate pension and have not
attained the age of 60 and (c) within thirty (30) days after being advised by the
m anagem ent o f such option apply fo r em ploym ent hereunder.
(b) The plants within each such a greed in te r-re g io n a l area are set forth in ap
pendix B of this agreem ent.
(c) The jo b v a ca n cies fo r which em ployees shall be elig ible under these prov ision s
shall be only those that are not fille d fro m the particular plant or the particular region
in a cco rd a n ce with this subsection and the foregoin g subsections of this section.
(d)
e, f, and
p rov ision s
v ision s o f
In fillin g such jo b v a ca n cies hereunder, the p rov ision s of subparagraphs c , d,
g of su bsection M - l shall be applicable except that the follow ing additional
shall be applicable to an em ployee assigned to another plant under the p r o
this su bsection M -2 : 1
(1) He m ay, at any tim e during the fir s t six months
that plant (or during a period of layoff in the firs t year of
term inate such em ploym ent without breaking his continuous
provided he gives two w eek s’ notice to plant managem ent.
of his em ploym ent at
such em ploym ent), elect to
s e rv ice at his hom e plant,
If he does so elect to
88
return to his hom e plant, he w ill not be eligible fo r a reloca tion allow ance fo r such
return.
(2) When he has com pleted one year of em ploym ent at that plant, his continuous
se r v ice at h is hom e plant w ill be ca n celled and the plant to which he was assigned
w ill then b ecom e his hom e plant.
(e)
An em ployee who is assigned a job under this subsection M -2 or subsection
M - l in a plant at least 50 m ile s fro m the plant from which he was laid o ff and who
changes his perm anent resid en ce as a result th ereof w ill re ce iv e a reloca tion allow ance
prom ptly after the com m encem ent of his em ploym ent at the plant to which he is re lo ca te d ,
on the follow in g te rm s:
(1) He m ust m ake w ritten request fo r such allow ance in accord a n ce with the
p roced u re established by the com pany.
(2) The amount of the re loca tion allow ance w ill be determ ined in a ccord a n ce
with the follow in g:
A llow ance fo r
M iles between
plant location s
5 0 -9 9 ----------------------1 0 0 -2 9 9 ____________
3 0 0 -4 9 9 ____________
5 0 0 -9 9 9 ____________
1 ,0 0 0 -1 ,9 9 9 -----------2, 000 o r m o r e --------
Single
em ployees
$130
150
180
230
290
350
M arried
em ployees
$380
420
490
620
780
940
(3) The amount o f any such reloca tion allow ance w ill be reduced by the amount
of any re lo ca tio n allow ance or its equivalent to which the em ployee m ay be entitled
under any presen t or future F ed era l o r State legislation ; and the amount of such a l
low ance shall be deducted fro m m on ies owed by the com pany in the fo rm of pay, v a c a
tion b en efits, SUB ben efits, pensions or other ben efits, if the em ployee quits, except
as it shall be a greed lo ca lly that the em ployee had p rop er cau se, or is discharged
fo r cause any tim e during the 12 m onths follow ing the start of such new job .
(4) Only one reloca tion allow ance w ill be paid to the m em b ers of a fam ily
living in the sam e re sid e n ce .
3.
a. The operation of this subsection M w ill be subject to p eriod ic rev iew by a
joint com m ittee, con sistin g of equal num bers of resp resen ta tives of both parties (not
m ore than 3 each ), who shall m eet p e rio d ica lly to review the operation o f this subsection
and to co n sid e r and r e so lv e any p rob lem s that m ay a ris e fro m its operation.
The
com pany shall supply to such com m ittee pertinent inform ation relating to the operation o f
this su bsection .
b. The follow in g p roced u re shall apply only to com plaints or g riev an ces r e
lating to the application o f this subsection M:
(1) Any em ployee who b e lie v e s that he has a ju stifiable request or com plaint
shall prom ptly r e fe r the m atter to a staff representative designated by the union for
this pu rp ose, who in turn w ill prom ptly arrange to d iscu ss the request or com plaint
with the com pany designated represen ta tive.
(2) If not sa tisfa cto rily re so lv e d , the union's designated staff representative
m ay r e fe r the m atter to the com pan y's fourth step representative ce rtifie d to the
union by the com pany to handle fourth step grievances- fo r the hom e plant of the
com plaining em ployee, o r , if app ropriate, the fourth step represen tative fo r another
plant involved in the com plaint.
Such re fe r r a l shall be made in writing within 10 days
of com pletion of the final d iscu ssion pursuant to (1) and shall set forth the union*s
statement of fa ct, the action of the company which the union ch allen ges, the clause
or cla u ses of this subsection M which are alleged to be violated , the r e lie f sought,
and the union*s position .
The appealed grievance shall be handled in the regular
grievan ce p roced u re established under this agreem ent starting at the fourth step.
4. In o rd e r to facilitate the operation of the program provided fo r in this sub
section M , it is agreed that (a) back pay shall not be awarded in any grievance based on
those paragraphs unless the arb itra tor finds that there has been w illful and deliberate
noncom pliance therew ith, and (b) the com pany and the international union m ay, upon
recom m endation of the com m ittee provided fo r in paragraph 3 above, amend this sub
section M at any tim e during the period of this agreem ent and that such amendment shall
be effective with re sp e ct to any pending grievan ce.
5. The com pany w ill not be liable fo r any retroa ctiv e pay with resp ect to any
p eriod p rio r to 4 days or the beginning of the p ayroll w eek, w hichever is la ter, after
receip t by the com pany of sp e cific w ritten notice (on a form to be provided th erefor) of
its alleged e r r o r .
6. By agreem ent between the com pany and the international union, the p rov ision s
of this subsection M m ay at any tim e be suspended and em ployees who are working at
other plants under these p rov ision s m ay be laid off, if it b ecom es n e ce ssa ry to do so
to provide em ploym ent fo r lo n g -s e r v ic e em ployees who are perm anently disp laced or fo r
other valid rea son s.
90
From the agreement between
Ford Motor Company and the
Auto Workers (UAW) (Ind.)
(expiration date: September 1970)
ARTICLE VIII
SENIORITY AND RELATED MATTERS
Seniority Date
(a) G eneral
Seniority shall be com puted fro m the date of hiring into o r tran sfer into a plant.
(b) E m ployes on la yoff fro m unit other than b asic unit
Any em ploye who has b a sic sen iority in one unit and who, as of M ay 25, 1959, is
on the active em ploym ent r o lls o f another unit or who subsequently is placed in or tran s
fe rre d to another unit under circu m sta n ces where he does not c a r r y his sen iority with
him , shall, at his fir s t la yoff th ereafter in a reduction in fo r c e , have his sen iority d e te r
m ined by w h ichever o f the follow ing he then elects:
(i) Such em ploye m ay irre v o ca b ly waive his sen iority in his b a s ic unit and retain
at the other unit his latest d a te -o f-e n try sen iority, which w ill then becom e his b a sic
sen iority, (it being understood that such w aiver w ill not break the e m p lo y e d " c o m
pany se n io rity " for purposes o f such plans as the vacation, holiday pay, ju ry duty pay
SUB or retirem en t plans w here com pany, rather than plant, seniority is taken into
account); or
(ii) Such em ploye m ay e lect to return to his b a sic unit, in which event he shall
be placed in, or on the r e c a ll list of, his b a sic sen iority unit with full cred it fo r
sen iority accum ulated while working in the other unit to be included in determ ining
his sen iority in such basic unit, and he shall retain no sen iority rights in any other
unit, except as oth erw ise provided in a rticle VIII, section 23(c) with re s p e ct to sk illed
trades sen iority.
Any em ploye who does not e le ct (i), above, in writing at the place designated
by the com pany within five calendar days after his la y off shall be deem ed to have
elected (ii).
This subsection (b) shall not supersede or preclude lo c a l o r a rea agreem ents
pertaining to the sen iority date o f an em ploye on layoff fro m a plant other than his
b a sic unit approved by the National F o rd Department and labor relations staff. . . .
T ra n sfe rs . . .
(c)
Between Plants
Seniority em ployes who are tra n sferred from one plant to another plant shall be
con sid ered sen iority em ployes o f the new plant as o f date of tra n sfe r, subject to the
p rov ision s o f section 24 of this a r tic le .
T ra n sfe rs o f sen iority em ployes fro m one plant to another m ay only be m ade with
the signed consent o f the em ploye and his com m itteem an.
In the event such tra n sfe rre d em ployes are affected by a reduction in fo rce in the
new plant, they shall be laid o ff or returned to their origin a l plant a ccordin g to their
election as provided in a rticle V III, section 1(b); except that em ployes with b a sic nonskilled trades sen iority in their origin a l plant who have acqu ired sk illed trades
91
(appendix D) sen iority in the new plant shall retain such skilled trades sen iority in the
new plant on return to their origin a l plant.
The com pany shall not be expected to tran s
fe r such an em ploye to the plant w here he fir s t acquired sen iority on a skilled c la s s ifi
cation until requested to do so.
T ra n sfer o f an Operation
(a) T ra n sfe rs affecting rough area only
In the event o f a tra n sfer o f an operation from one unit to another within the
rough area the em ployes affected shall be tra n sferred to the new unit, taking their
seniority with them.
On the partial tra n sfer of an operation, the m ethod of tran sferrin g the em ployes
shall be subject to lo c a l negotiation.
(b) Other in ter-plan t tra n sfers
In the event o f a tran sfer o f an operation fro m one plant to another plant other
than within the rough a r e a , providing both plants are co v e re d by this agreem ent, an e m
ploye who is o ffe re d and a ccep ts a tra n sfe r with the operation shall c a r r y the seniority to
the new plant which he had at the old plant.
The foregoin g rule shall a lso apply in the event of a partial tran sfer o f an op e ra
tion to a new plant fro m an old plant which m ay be closed o r continued on a reduced
em ploym ent b a sis.
It shall not apply how ever, to partial tra n sfers of operations incident
to adjustm ents in production schedules or changes in the products at any location . . . .
D iscontinuance o f W ork . . .
(e)
E m ployes la id -o ff— hiring con sideration at other plants
In the event o f perm anent discontinuance of work in a group, unit, or plant, the lo ca l
union affected shall furnish a list o f such la id -o ff em ployes by cla ssifica tio n to the co m
pany, and these em ploys shall be given hiring consideration at other plants of the com pany.
O ffers of W ork in Other Plants
Any p rov ision s o f this agreem ent to the con trary notwithstanding, the com pany, in
o rd e r to provide sta b ilized em ploym ent, shall have the right to offer em ployes who have
exhausted their sen iority within their sen iority unit any available w ork within any o f the
plants co v e re d by this agreem en t, i f the plants to w hich em ployes are o ffered job s are
located in the sam e la b or m arket a re a , as defined by the State Em ploym ent Security
C om m ission of the State in which the plants affected are located; provided, h ow ever, that
those plants presen tly co v e re d by the D etroit A rea availability lis t agreem ent as
am ended shall be co n sid e re d to be in the same ’ 'labor m arket area. "
If no open jo b s a re available, such em ployes m ay be o ffered , at the option of the
com pany, the right to disp la ce probationary em ployes in any other plant in the sam e
labor m arket area.
In the event o f the discontinuance or partial discontinuance of a c la ssifica tio n or
of an operation within a sen iority unit, o r the discontinuance or partial discontinuance of
a sen iority unit, the com pany m ay o ffe r the affected em ployes the opportunity to tran sfer
to available w ork or to displace probationary em ployes in any o f the plants cov ered by
this agreem ent.
F or sk illed tool and die, m aintenance and con stru ction , and pow er house e m
p loy es, o ffe r s o f available w ork and o ffe r s to displace probationary em ployes shall be
lim ited to tool ro o m departm ents, m aintenance departm ents and pow er house departm ents,
resp e ctiv e ly .
92
E m ployes who have disp la ced probationary em ployes shall not be disp laced by p r o
bationary em ployes.
E m ployes who refu se such o ffe r s of available w ork or displacem ent of probation
ary em ployes shall not, by such refu sa l lo se their sen iority c a ll back rights. . . •
AR TICLE IX
WAGES AND OTHER ECONOMIC MATTERS
M oving A llow a n ces
(a) T ra n sfer m oving allow ance
1.
E ligib ility
An em ploye who is on the active em ploym ent r o ll on or after Septem ber 1,
1961, shall be elig ib le fo r a m oving allow ance if he is thereafter offered and accep ts a
tran sfer fro m one plant o f the com pany (hereinafter called his origin a l plant) to another
plant o f the com pany (hereinafter ca lled his new plant) as a result of a tran sfer of
operations pursuant to a rticle VIII, section 24(b) and if:
(i) His new plant is at lea st 50 m iles distant fro m his origin a l plant and he
m ov es his re sid e n ce as a resu lt of his tra n sfer; and
(ii) He file s an application fo r a m oving allow ance not later than six (6) months
after the fir s t day he w orked at his new plant and has not applied fo r a separation
paym ent under the Supplemental Unemployment Benefit Plan.
2.
Amount
E ffective fo r expenses in cu rred on o r after January 1, 1968, the amount of an
e m p lo y e 's m oving allow ance shall be the amount shown in the follow ing table:
______ Allow ance fo r ______
M iles between
plant location s
5 0 -9 9 ----------------------1 0 0 -2 9 9 ____________
3 0 0 -4 9 9 _____________
5 0 0 -9 9 9 _____________
1, 000 o r m o r e --------
Single
em ployees
$170
200
250
320
370
M arried
em ployee!
$445
495
570
700
795
The amount o f an em p loy e's m oving allow ance as com puted above shall be
reduced by the amount o f any re loca tion , m oving or living expense benefits that the e m
ploye r e c e iv e s or is elig ib le to r e c e iv e with resp ect to such re loca tion under any p r e
sent or future F ed e ra l o r State law.
F or purposes o f this paragraph, the em ploye shall
be deem ed eligib le to r e c e iv e benefits under F ed era l o r State law even though he does
not qualify fo r , or lo s e s , such benefits through failure to make prop er application th ere
fo r .
3.
E m ploye returning to origin al plant
In the event an em ploye who is eligible fo r a m oving allow ance under this
section 28(a) e x e r c is e s any option that he m ay have to return with his sen iority to the
sen iority r o lls o f his origin al plant under conditions entitling him to a separation pay
ment under the Supplemental Unem ploym ent Benefit Plan, such separation payment shall
be redu ced by the amount o f any m oving allow ance re ce iv e d by him .
93
4.
M ore than one em ploye in fam ily
Only one m oving allow ance w ill be paid where m o re than one m em b er o f a fam ily
living in the sam e re sid en ce a re tra n sfe rre d pursuant to a rticle VIII, section 24(b).
(b) L a y off m oving allow ance
1.
E ligib ility
An applicant who is on the active em ploym ent r o ll on or after January 1, 1962,
shall be elig ib le fo r a m oving allow ance if he is laid off fro m one plant (hereinafter ca lled his
origin a l plant) as a resu lt of a discontinuance of operations and is o ffered and a ccep ts an o ffer
o f em ploym ent at another plant of the com pany (hereinafter ca lled his new plant) pursuant to
a rticle VIII, section 25(e) and if:
(i) His new plant is at lea st 50 m iles distant fro m his origin al plant and he m oves
his re sid en ce as a resu lt of accepting the offer of em ploym ent at his new plant; and
(ii) He had one or m o re years of seniority on the last day he worked at his origin al
plant and has not in cu rred a break in sen iority on or p rio r to the date on which application
is m ade to the com pany; and
(iii) He file s an application fo r a m oving allow ance not la ter than six (6) months
after the fir s t day he w orked at his new plant.
2.
Amount
(i)
E ffective fo r expenses in curred on or after January 1, 1968, the amount of a
m oving allow ance shall be the g rea ter of (A) the amount of separation payment which would
have been paid under the Supplemental Unemployment Benefit Plan to the applicant a ssu m
ing that he would have been elig ib le fo r a separation payment as of the date of his ap p lica
tion fo r such m oving allow ance o r (B) an amount equal to his unused cre d it units under the
Supplemental U nem ploym ent Benefit Plan as o f the date his application is re ceiv ed by the
com pany m ultiplied by fo rty dolla rs ($ 4 0 ); provided, how ever, that such m oving allow ance
shall in no event be g re a te r than the amount shown in the follow ing table:
Maximum allow ance
M iles between
plant location s
5 0 -9 9 ...........................
1 0 0 -2 9 9 ____________
3 0 0 -4 9 9 ____________
5 0 0 -9 9 9 ____________
1,000 o r m o r e . . . . . . .
Single
em ployees
$170
200
250
320
370
M a rried
em ployees
$445
495
570
700
795
(ii) The amount o f an applican t's m oving allow ance as com puted above shall be
redu ced by the amount o f any reloca tion , m oving or living expense benefits that the ap p li
cant re c e iv e s o r is elig ib le to r e c e iv e with resp ect to such reloca tion under any present or
future F e d e ra l o r State legislation . F o r purposes of this subsection (b), the applicant shall
be deem ed elig ib le to r e c e iv e benefits under F ed eral o r State legislation even though he
does not qualify fo r , o r lo s e s , such benefits through failu re to make prop er application
th e re fo r.
3.
Paym ent
(i) A m oving allow ance shall be payable in a lump sum. Any m oving allow ance
payable under this su bsection (b) shall be paid by the com pany, subject to the term s and
conditions sp e cifie d in a r tic le VIIr section 5(e)(iii) o f the Supplemental Unemployment
Benefit Plan.
(ii) Only one m oving allow ance shall be payable w here m o re than one m em b er o f a
fam ily living in the sam e re sid en ce a re reloca ted pursuant to a rticle VIII, section 25(e).
4.
R eduction in any future separation payment
The amount re ce iv e d under the prov ision s o f this subsection (b) shall be deducted
fro m any separation payment that the em ploye subsequently b ecom es elig ib le to re ce iv e under
the Supplemental Unem ploym ent Benefit Plan.
94
From the agreement between
National Master Freight Agreement, and the
International Brotherhood of Teamsters (AFL-CIO)
(expiration date: March 1970)
Section 3.
(a)
tra ct o r com m on
ploy ees absorb ed
the em ployer and
In the event that the em ployer absorb s the business o f another p riv a te, co n
c a r r ie r , o r is a party to a m e rg e r o f lin e s , the sen iority of the em
o r affected thereby shall be determ ined by mutual agreem ent between
the unions involved.
In the application o f this p ro v isio n the follow ing gen eral rules shall apply:
M e r g e r , p u rch a se , acqu isition , sa le , etc.
1.
If both c a r r ie r s involved are solvent then the sen iority lists o f the two c o m
panies should be dovetailed so as to crea te a m aster sen iority lis t based upon total
y ea rs o f s e r v ice with either com pany.
This is known as dovetailing in accord an ce with
y ea rs o f sen iority.
In the application o f this rule it is im m a teria l whether the transaction is called
a m e r g e r , p u rch a se , acqu isition , sa le , etc.
It is a lso im m a teria l whether the tra n s
action involves m e re ly the pu rch ase o f stock o f one corp ora tion by another, with two
separate corp ora tion s continuing in ex isten ce, and it is im m aterial whether separate term inals
o f the com panies are ph ysica lly m erg ed o r not, subject, how ever, to ru les 4 and 5 below .
2. If, in the type o f tran saction d e s crib e d above, one o f the com panies is in s o l
vent at the tim e o f the tran saction , then the em ployees o f the insolvent com pany w ill go
to the bottom o f the m a ster sen iority lis t.
The test o f whether a com pany is solvent o r
insolvent is govern ed en tirely by whether bankruptcy, re c e iv e r s h ip , com p osition fo r the
benefit o f c r e d it o r s , reorga n iza tion , o r sim ila r p roceed in g s are pending in the State or
F ed era l cou rt.
If such p roceed in g s are pending, the com pany is con sid ered insolvent fo r
the pu rpose o f this ru le.
3. If the tran saction involved constitutes m e re ly a pu rch ase o f p erm its or rights
by one c a r r ie r fro m another c a r r ie r , without the pu rch ase o r acquisition o f equipment,
term in a ls, o r b u sin e ss, the em ployees o f the com pany selling the p erm its shall have no
sen iority rights at a ll, but shall be o ffe re d opportunity fo r em ploym ent at the bottom of
the sen iority lis t o f the com pany purchasing the p e rm its.
If such em ployees are hired
they shall be given sen iority cre d it fo r fringe benefits only.
4. If the m e r g e r , p u rch a se, a cqu isition , sa le , etc. involves two com panies which
do not have p a ra lle l operating rights then separate sen iorty lists w ill be m aintained fo r
the separate n o n -p a ra lle l operation s.
H ow ever, there w ill be one m aster sen iority list
fo r the pu rpose o f frin ge b en efits, e t c . , and fo r the p rotection o f em ployees laid o ff on
one sen iority board when w ork opportunities are available on the other sen iority board
and all elig ib le em ployees on such other sen iority board are em ployed.
5. W here the tran saction in volves both p a ra lle l and n on -p a ra llel rights then rules
1 and 2 above w ill apply to the p a ra lle l righ ts, and rule 4 w ill apply to n on -p a ra llel
rights.
6. W here only tem p ora ry authority is granted in connection with any o f the tra n s
actions d e s crib e d above, then separate sen iority lists shall continue in e ffe ct until final
95
authority is granted unless otherw ise agreed. The com pany which is to survive w ill
assum e the obligations o f both co lle ctiv e bargaining agreem ents during the p eriod o f the
tem porary authority.
7.
If in connection with the transactions d e s crib e d in these rules the su c c e s s o r
com pany determ in es to discontinue the use o f a lo c a l cartage com pany, the em ployees
of that lo c a l cartage com pany who have w orked on the pick -u p and d eliv ery se rv ice which
is retained by the s u c c e s s o r com pany shall be given opportunity to continue to p erfo rm
such s e r v ice as an em ployee o f such s u c c e s s o r com pany, and shall have their sen iority
dovetailed as d e scrib e d in the above ru les.
8.
A re a a n d /o r State com m ittees created pursuant to lo ca l supplement which have
p rev iou sly established rules o f sen iority not con trary to the p rov ision s o f such supple
ments and approved by the . . . area com m ittee m ay continue to apply such rules if such
rules are reduced to w riting.
(b) If the m inim um w ages, hours and working conditions in the com pany absorbed
d iffe r fro m those m inim um s set forth in this agreem ent, and the supplements thereto the
higher o f the two shall rem ain in e ffe ct fo r the em ployees so absorbed.
(c) W here an em ployee is req u ired , through no fault o f his own, to change r e s i
dence in o rd e r to fo llo w em ploym ent as a resu lt o f an approved change o f operation , the
em ployer shall m ove the em ployee and assum e the resp on sib ility fo r proven lo ss o f, or
damage to , household goods due to such m ove, or pay his m oving ex p en ses, including
insurance against lo ss o r dam age.
This shall not apply to m oves within the 7 5 -m ile
radius as defined in the peddle run p r o v isio n , except where by past p ra ctice and a g re e
m ent, a g rea ter o r le s s e r radius has been agreed to.
The em ployer shall not be r e
sponsible fo r m oving expenses if the em ployee changes his resid en ce as a result of a
voluntary tra n sfer.
Section 5.
New b ra n ch e s, etc.
(a) Opening o f new b ra n ch es, term in a ls, division s o r operation s.
1. When a new bran ch , term in a l, division o r operation is opened (except as a
replacem en t fo r existing operations o r as a new d iv ision in a loca lity w here there are
existing op era tion s), the em ployer shall o ffe r the opportunity to tran sfer to regular o r
position s in the new bran ch , term in a l, division or operation in the ord e r o f their c o m
pany o r c la ssific a tio n se n io rity , to em ployees in those b ra n ch es, term in a ls, divisions or
operations which are affected in whole o r in part by the opening o f the new branch
term in a l, d iv ision o r operation .
This p rov ision is not intended to co v e r situations w here
there is replacem en t o f an existing operation or where a new division is opened in
a lo ca lity w here there is an existing term inal.
In these latter situations, la id -o ff
o r extra em ployees in the existing fa cilitie s shall have fir s t opportunity fo r em ploym ent
at the new operation in a ccord a n ce with their sen iority.
If all regular fu ll-tim e position s
are not fille d in this m anner, then the p rov ision s of the above paragraph shall apply.
2. The tra n sfe rre d em p lo y e e s, other than those re fe rre d to in the exception to
section 5 (a) 1, above sh all, fo r a p e rio d of 30 days follow ing the tran sfer have an un
qualified right to return to their old branch, term in al, d ivision or operation if it is still
in existen ce and c a r r y with them their seniority at that old branch, term in al, division
or operation .
E m ployees who avail th em selves o f the tra n sfer p riv ile g e s because they
are on la y -o ff at their origin a l term in al m ay e x e r cis e their sen iority rights if w ork
becom e s available at the o rigin a l term in al during the three year la y -o ff p eriod allowed
them at their o rigin a l term in al.
T ra n sfe rred em ployees shall have, after 30 days, the
sam e p riv ile g e s with r e sp e ct to subsequent tran sfers as set forth in paragraph 1 above.
96
C losing o f b ra n ch e s, etc.
(b) C losing o f b ra n ch e s, te rm in a ls, division s o r operations.
1. When a bran ch , term in a l, division or operation is clo se d and the w ork o f the
bran ch , te rm in a l, d iv ision o r operation is elim inated, an em ployee who was fo r m e r ly
em ployed at another bran ch , term in a l, division o r operation shall have the right to
tran sfer back to such fo r m e r bran ch , term in al, d ivision o r operation and e x e r c is e his
sen iority based on the date o f h ire at the branch, term in al, d iv ision o r operation into
which he is tra n sferrin g provided he has not been away fro m such origin al term inal fo r
m o re than three y e a rs.
2. When a bran ch , term in a l, d ivision or operation is clo se d o r p a rtia lly clo se d
and the w ork o f bran ch , term in a l, division o r operation is tra n sferred to another branch,
term in a l, d iv ision o r operation in whole o r in p a rt, an em ployee at the clo se d o r p a r
tially c lo s e d down bran ch , term in a l, d ivision o r operation shall have the right to tran sfer
to the bran ch , term in a l, division o r operation into which the w ork was tra n sferred if
regu lar w ork is there available.
Such em ployee, h ow ever, shall go to the bottom o f the
sen iority board and shall have the right o f jo b selection only in accord a n ce with his
sen iority at such term in a l.
H ow ever, he shall e x e r cis e his com pany sen iority fo r la y -o ff
pu rp oses and all other con tra ct ben efits.
(c) When a bran ch , term in a l, division , o r operation is clo se d and the w ork o f the
bran ch , term in a l, d iv ision o r operation is elim inated, and no part o f it is tra n sferred to
another bran ch , term in a l, d iv ision o r operation em ployees who are affected thereby shall
be given fir s t opportunity fo r available regular em ploym ent at any other bran ch , term in al,
d iv ision o r operation o f the em ployer within the area o f the supplem ental agreem ent under
which em ployed.
The obligation to o ffe r such em ploym ent shall continue fo r a p eriod o f
three y e a rs fro m the date o f c lo sin g , h ow ever, the em ployer shall not be requ ired to
make m o r e than one o ffe r during this p e rio d .
Any em ployee accepting such o ffe r shall
pay his own m oving expen ses.
If h ire d , they shall go to the bottom o f the sen iority
board but shall have com pany sen iority fo r fringe benefits only.
Q ualif ic ations
(d) In all tra n sfers r e fe r r e d to in section 5 (a), (b) and (c) above the em ployee
m ust be qualified to p e r fo r m the jo b by experien ce in the cla ssifica tio n .
(e) Sen iority on individual runs on change o f d o m icile : When a d riv e r is r e
d om iciled in a ccord a n ce with an approved change o f operations or which is otherw ise not
in violation o f the a greem en t, the d riv e r shall c a r r y his p r io r sen iority fo r that run only.
T ra n sfe rre d m en under this su b -se ctio n shall have m aster sen iority fo r la y -o ffs and r e
h irin g , but shall accum ulate term in al sen iority only fro m the date o f tran sfer fo r the
pu rpose o f bidding on other runs.
If such term inal sen iority is used to bid on other runs,
the d riv e r shall lo se his right o f p r io r sen iority on his origin a l run.
This rule is not
intended to apply to those instances d e scrib ed in a rticle 5, section 5 (a), (b) and (c) of
the agreem ent.
Section 6.
The union shall be entitled to a sen iority lis t each six months upon request.
The
em ployer shall p ost a sen iority lis t at least once ev ery tw elve (12) m onths.
E m ployees
shall m ake w ritten com plaint to the com pany and union within 30 days after such posting.
Any such c'omplaint not settled between the com pany and union shall be submitted to the
grievan ce p ro ce d u re .
Section 7.
The p a rties acknow ledge that s p e cific situations m ay a ris e which m ay not be c o v
ered by the ru les set forth in this a rticle o r in which the pa rties m ay fe e l that differen t
treatm ent o f the p rob lem is n e ce ssa ry .
In such situation, the e m p loy er, the unions in
v olv ed , and the a re a , m u lti-co n fe re n ce o r national com m ittees m ay mutually agree to
such d isp osition o f the sen iority prob lem s as in their judgm ent is appropriate under the
circu m sta n ce s.
The change o f operations com m ittee under the lo c a l supplements o r the
national m a ster agreem ent shall have the authority to add to o r to m odify these rules in
sp e cific situations p resen ted to them .
07
Part II. Plant Movement Provisions
From the agreement between
The Florsheim Shoe Company and the
United Shoe Workers of America (AFL-CIO)
(eviration date: November 1968)
Thirty third: It is the intent of the com pany to continue its operation of the
present plants in C hicago during the term of this con tract.
H ow ever, if the com pany
determ in es that it is not fea sib le to continue a particular plant or a departm ent th ereof,
and such w ork is tra n sfe rre d to another plant of the com pany not co v ered by this c o n
tra ct, it is re cogn ized by the parties that such d ecision s of the com pany are not subject
to the arbitration p roced u re.
Any em ployee term inated by the com pany as a resu lt of
this tra n sfer o f w ork shall be entitled to severance pay.
If a plant or a departm ent is discontinued during the term of this agreem ent, any
em ployee, w orking in said discontinued plant or departm ent, term inated by the com pany,
at any tim e during the term of this agreem ent as a resu lt of the tran sfer of w ork as
d escrib e d in said severan ce pay clause shall be entitled to severan ce pay.
Any em ployee in another departm ent whose em ploym ent is term inated by the c o m
pany as a d ire ct resu lt of the discontinuance of another plant or departm ent and resulting
tra n sfer of w ork as d e s crib e d in the above paragraph shall be entitled to severan ce pay.
Severance pay schedule
Continuous s e r v ice
2 y e a r s -----------------------4 y e a rs -----------------------6 y e a rs -----------------------10 y e a r s ----------------------15 y e a r s _______________
20 y e a r s ----------------------25 y e a rs and o v e r — ----
W eeks o f pay
2
3
4
8
12
16
20
A w eek’ s pay under the above schedule shall be com puted on the basis of the
em p lo y e e 's w eekly wage (previou s quarter average tim es 40 h ou rs).
The above p rov ision
does not apply to em ployees who a re eligible fo r norm al retirem ent.
A s in the past the com pany w ill notify the union p rio r to any general layoff fo r
purposes of d iscu ssin g the m atter.
Further the com pany a g re e s to notify the union
sixty (60) days b efo re it c lo s e s a plant o r a unit th ereof which would result in the
permanent la yoff of the m a jority of em ployees in that plant or unit.
From the agreement between
General Electric Company and the
International Union; Allied Industrial
Workers of America (AFL-CIO)
(expiration date: April 1970)
Section 4— B enefits available at plant closin g
W henever the com pany d ecid es to c lo s e a plant, the com pany shall give notice of
its d e cisio n to the em ployees con cern ed and to their rep resen ta tiv es if any.
T h erea fter,
as the com pany, in the co u rse o f such plant clo sin g , no lon ger has need fo r the w ork
then being done by any em ployee, his em ploym ent by the com pany m ay be term inated,
subject only to com plian ce with the p rov ision s of this section 4.
(a) Each em ployee shall be given at least one w eek 's advance notice of the sp e cific
date o f his term ination.
(b) An elig ib le em ployee whose em ploym ent is term inated becau se of plant closin g
shall be entitled to the in com e extension aid in a lump sum fo r which he is elig ib le as
d e s crib e d above, other than amounts available under section 3 (a), and the full vacation
allow ance fo r which he might be qualified during the calendar year in which his em p loy
ment is term in ated and any other accum ulated allow an ces due him , provided that he:
(1) A fter the announcement of the plant clo sin g , continues reg u larly at w ork
fo r the com pany until the sp e c ific date of his term ination, or
(2) F a ils to continue reg u la rly at w ork until the s p e cific date of his t e r m i
nation due to v e rifie d p erson a l illn ess o r leave o f absence, o r
(3) Is on la yoff fo r lack o f w ork at the tim e of the plant closin g .
(c) Such em ployee m ay request that his date of term ination be advanced so that he
can accep t other em ploym ent and the lo c a l m anagement w ill give due reg ard to this r e
quest.
(d)
An elig ib le em ployee who w ill b ecom e elig ib le fo r optional retirem en t under the
pension plan within one yea r either (i) fro m the tim e his em ploym ent would have been
term inated as the resu lt of the plant clo sin g , or (ii) fro m the tim e o f his layoff if this is
p rio r to the date of plant c lo sin g , and who m eets the conditions sp ecified in subparagraphs
(a), (b) and (c) o f paragraph (2) m ay r e c e iv e any incom e extension aid to which he is
entitled under section 4 and later e le ct optional retirem en t when he rea ch es optional r e
tirem en t age.
His se r v ice would be protected until such age.
Section 5— V ested rights under pension plan
The re ce ip t of incom e extension aid w ill not affect any rights the em ployee m ay
have under the vesting p rov ision o f the pension plan.
Section 6— Lump sum paym ents
S e rv ice cre d its p rev iou sly accum ulated, continuity of s e r v ic e , and r e c a ll rights
w ill be lost upon re ce ip t by the em ployee of an incom e extension aid payment in lump
sum under section 3 (d) o r payment under the plant closin g section 4.
H ow ever, in the
event of subsequent re h ire as a "n ew " em ployee within five y e a rs o f any such term ination,
s e rv ice cre d its and r e c a ll rights p rev iou sly lost shall be re s to r e d provided repaym ent of
the incom e extension aid is m ade by the em ployee within a reason able tim e after re h ire .
H ow ever, s e r v ice c r e d its , continuity of s e rv ice and r e c a ll rights lost at term ination upon
receip t of paym ents under plant clo sin g section 4 shall be r e s to re d autom atically without
99
repaym ent in the event of subsequent reh ire m ore than six (6) m onths after such te r m i
nation. An em ployee who having re ce iv e d payments under plant closin g section 4, is
reh ired six (6) m onths o r le s s after his term ination and who has m ade arrangem ents
sa tisfa ctory to the com pany providing fo r repaym ent shall, during such tim e as he is
not in default of such arrangem ents and fo r the purpose only of layoff and r e c a ll, be
deem ed to p o s s e s s the se rv ice c r e d its , continuity of se rv ice and r e c a ll rights to be r e
stored to him upon full repaym ent.
Section 7— Non duplication
If any part of an em ployee*s continuous s e rv ice is used as the basis fo r an actual
payment under any of the options of the incom e extension aid arrangem ent, that part of
his continuous se r v ice m ay not be used again for such purpose, either during that
p eriod o f la yoff o r any subsequent period of layoff o r plant closin g, unless repaym ent
has been m ade as provided in section 6 above.
Section 8— D efinitions
Plant closin g
The te rm s ,,plant c lo sin g " and "to clo s e a plant" m ean the announcement and
ca rryin g out of a plan to term inate and discontinue a ll com pany operations at any plant,
s e rv ice shop or other fa cility .
Such term s do not re fe r to the term ination and d is co n
tinuance of only part of the company*s operations at any plant, s e rv ice shop or other
fa cility nor to the term ination or discontinuance of all its fo rm e r operations coupled
with the announced intention to com m en ce there either la rg er or sm aller other operations.
Any em ployee re le a se d by such latter changes w ill be con sid ered as out fo r lack of
w ork and w ill be subject to provision s applicable to those on layoff fo r lack of w ork.
Section 9— Other
The p ro v isio n s of this plan shall not be applicable w here the com pany decides
to c lo s e a plant or la yoff an em ployee because of the company* s inability to secure
production, o r c a r r y on its operation s, as a consequence of a strik e, slowdown or
other in terferen ce with or interruption with w ork participated in by em ployees in a
com pany plant, s e r v ice shop or other fa cility .
H ow ever, the operation of this section
shall not a ffect the rights or benefits already provided hereunder to an em ployee laid
off fo r lack of w ork, p rio r to the com m encem ent of any such strik e, in terferen ce or
interruption.
100
From the agreement between
Glass Container Manufacturers Institute, Inc.
and the Glass Bottle Blowers (AFL-CIO)
(expiration date: March 1971)
A rticle 9
T ra n sfer of em ployee 1
1. A m anufacturer shall notify the international union and the d ire cto r of labor
relations ninety days in advance or as soon th ereafter as p ossib le of any plant closin g,
or the elim ination of a departm ent.
The d ire cto r o f labor relations shall notify the
other m anufacturers o f such permanent reductions affecting the size of the w ork fo r c e .
2. Upon request o f the international union, a representative of the m anufacturer
shall m eet with a representative of the international union and the lo ca l union involved to
advise them of the jo b s and em ployees to be elinim ated.
The m anufacturer w ill advise
the international union and the lo ca l union at such m eeting of job v acan cies which m ay
then exist at any of the m a n u fa ctu re rs other plants under the ju risd iction of this contract.
3.
An em ployee with one year or m ore of sen iority who is term inated because
of a perm anent reduction in the working fo r c e s shall, within thirty days after the date
o f his term ination, m ake application to the personnel departm ent, of the paint where
he was fo r m e r ly em ployed specifying the other plants under the ju risd iction of this
con tract at which he w ish es to be con sid ered fo r em ploym ent.
Any such em ployee shall be con sid ered at other plants fo r job openings fo r which
he is qualified fo r a period of one year subsequent to the date of his term ination but
m ay extend this p eriod fo r a second year by requesting such extension at the personnel
departm ent of the plant w here he was fo r m e r ly em ployed within ninety days p rio r to the
end of the fir s t year follow ing his term ination, and fo r a third year by giving sim ila r
notice within ninety days p rio r to the end of the second year follow ing his term ination.
If he is em ployed at another plant o f the sam e m anufacturer within such tim e, he
shall retain his continuous se rv ice benefits accum ulated with the m anufacturer.
If he is
em ployed at a plant o f another m anufacturer within such tim e, he shall be hired as a
new em ployee but shall retain any portable pension benefits fo r which he qualifies under
section 1 (c) (v) of a r tic le 18, P en sion s.
Any such term inated em ployee who is o ffe re d a job under the ju risd iction of this
contract and who refu ses such jo b o ffe r shall lo se all reem ploym ent rights under the
p rov ision s of this con tract including any rights he would otherw ise have to portable
pension benefits under section 1 (c) (v) o f a rticle 18, P ensions.
Each m anufacturer shall determ ine whether an em ployee m eets its hiring standards
and is qualified fo r em ploym ent, without discrim in ation because of age, union affiliation
or p rio r union activity.
The international union shall fro m tim e to tim e send to each m anufacturer and to
the d ir e c to r of labor relation s a list of em ployees who have been term inated by reason
o f perm anent reductions in the working fo r c e s and who are still available fo r em ploym ent
setting forth their jo b training and qualifications.
101
Part III. Relocation Allowance Provisions
From the agreement between
General Dynamics Corporation— Convair Division
and the International Association of Machinists and
Aerospace Workers (AFL-CIO)
(expiration date: October 1970)
APPENDIX D -IX
RELOCATION BENEFITS
A.
G eneral p rovision s
(1) E m ployees who, at the request of the com pany, are tra n sferred from the C on
vair fa cilitie s located in San D iego County and are perm anently assigned to an o ff-s ite test
a n d /o r m is s ile base located outside o f San Diego County, or em ployees who are tra n sferred
from one o ff-s it e test a n d /o r m is s ile base to another o ff-s ite test a n d /or m is s ile base
outside of San D iego County, shall r e c e iv e applicable benefits in a ccord an ce with p a ra
graph B below .
(2) E m ployees who w ere perm anently tra n sferred , assigned and reloca ted to an
o ff-s it e test a n d /o r m is s ile base at com pany expense and who are subsequently tra n s
fe r r e d and perm anently assign ed to the convair fa cilite s in San Diego County at the r e
quest of the com pany shall r e ce iv e benefits in a ccord a n ce with paragraph B 1, 2, 4, or
5 below .
(3) The term M
dependents” as u sed herein is defined as the e m p lo y e e ^ spouse,
m inor children (under 21 y e a rs o f age) who re ce iv e m o re than on e-h alf of their support
fro m the em ployee or m in or children residin g with the em ployee who are accepted as
dependents fo r F e d e ra l Incom e Tax p u rp oses.
(4) T ransportation, reloca tion and tra v el allow ance co sts shall be paid fo r
dependents only if the dependents join the em ployee within six (6) months from the
effective date of tra n sfer to the o ff-s it e test a n d /or m is s ile b ase.
(5) E m ployees laid o ff at an o ff-s it e base who are elig ible fo r behefits r e fe r r e d
to in appendix D VI, paragraphs A2 or B2, must make a written request to industrial
relation s within three (3) days follow ing layoff.
B.
A llow an ces— em ployees tra n sferred and perm anently assigned
to an o ff-s it e test a n d /o r m is s ile base
(1) Transportation allow ance
(a) A ctual co st o f f ir s t - c la s s r a il fare (including low er berth or room ette if low er
berth unavailable) or scheduled airlin e fa re (fir s t -c la s s by p ro p e lle r-d riv e n a ircra ft
or to u r is t-c la s s by je t-d r iv e n a ir c ra ft), fo r the em ployee and each dependent , or
(b) Ten cents (10) per m ile if the em ployee tra v els by person al autom obile, or
eight cents (8) if by m o to r c y c le , fo r distances not to ex ceed route m ilea ges as set
forth in the latest edition of the Rand M cN ally highway chart from his presently assigned
w ork location to the location to which he is being tra n sfe rre d .
If an em ployee owns
two autom obiles and he and his dependents drive both v e h icle s to the o ff-s ite b a se, he
shall r e c e iv e the above allow ances fo r both v e h icle s; how ever, if allow ance fo r two
v eh icle s is r e c e iv e d , neither the em ployee nor his dependents shall be eligible fo r any
other transportation allow ance.
The em ployee m ust provide substantiating evidence that
two v e h icle s w ere u tilized fo r the transportation of the em ployee and his dependents.
102
(2) T ra v el allow ance
(a) E m ployees shall r e ce iv e a tra vel allow ance while traveling to an o ff-s ite test
a n d /o r m is s ile base in a ccord a n ce with the follow ing schedule:
(1) E m ployee,
$ 1 0 .0 0 per day.
(2) Spouse and dependent children twelve y ea rs of age or o ld er, $10.00 per day.
(3) Dependent children under twelve y ea rs of age,
$ 5 .0 0 per day.
(b) T ra v el tim e by person al autom obile shall be actual tra v el tim e requ ired not
to ex ceed an amount com puted by dividing 350 into the total m ilea ge of the m ost d irect
route as shown in the m ost current edition of the Rand M cN ally highway m ilea ge chart.
(1) One (1) day tra v el tim e shall be allow ed fo r each com plete 350 m ile
increm en t, h ow ever, when an amount o f less than 350 m ile s o ccu rs one (1) day
tra v el tim e w ill be allow ed if the amount is greater than 175 m ile s ; no additional
tra v el tim e w ill be allow ed if the amount is le ss than 175 m ile s .
(2) When the total tra vel distance from com pany location to the next c o m
pany location is le ss than 350 m ile s , one (1) day tra v el tim e shall be allow ed.
(3) When the total travel distance from one com pany location to the next
com pany location is m o re than 350 m ile s but le ss than 700 m ile s , an additional
on e-h a lf (V2 ) day tra v el tim e shall be allow ed fo r total tra v el distance up to 525 m ile s ,
and one (1) additional day travel tim e shall be allow ed if the total distance is in
e x c e s s of 525 m ile s but le ss than 700 m ile s .
(c) T ra v e l tim e by ra il or a ir shall not exceed that of a scheduled c a r r ie r .
(d) T ra v el allow ance sp ecified in this paragraph is in lieu of any other per diem
or travel allow an ce.
(3) R elocation allow ance
(a) Upon com pletion of tra v el to a new permanent assign ed location which is one
hundred (100) m ile s or m o re fro m his fo r m e r location, the em ployee and his dependents
w ill be elig ib le fo r benefits defined in paragraph (2) (a) of this a rticle until their h ou se
hold e ffe cts are m oved into their new resid en ce or fo r a p eriod of thirty (30) days,
w hichever is le s s .
(b) If the distance to the new location is le s s than one hundred (100) m ile s the
em ployee and his dependents w ill be elig ib le to receiv e on e-h a lf (V2 ) the benefits defined
in paragraph (2) (a) o f this a r tic le until their household e ffects are m oved into their new
resid en ce or fo r a p eriod of thirty (30) days, w hichever is le s s .
(c) A single em ployee or an em ployee with dependents who do not resid e with
him who is reloca ted at com pany request to or between o ff-s ite test a n d /o r m is s ile bases
outside of San D iego County, C aliforn ia, shall re ce iv e ten d olla rs ($ 1 0 .0 0 ) per day until
he m oves into a new perm anent resid en ce or fo r thirty (30) days subsequent to his
a rriv a l at the new loca tion , w hichever is le s s .
(4) M oving allow ance
(a)
A ctual n orm al packing, crating, appliance s e r v ice , transportation storag e, and
a ll-r is k insurance expenses fo r the e m p lo y ee's household goods not to exceed 8,000
pounds shall be paid by the com pany, subject to the follow ing conditions:
(1) The term household goods shall include such item s as furniture, ap p li
a n ces, clothing and other person al e ffe cts of sim ila r ch a ra cter, but excluding such
item s as a u tom obiles, m o t o r c y c le s , a irplan es, boats or tr a ile r s , farm m ach in ery,
pets, plants, v egeta b les, e x p losiv es or inflam m ables.
103
(2) A ppliance s e rv ice shall include ch arges for norm al packing and crating
o f appliances fo r transportation a n d /o r storage, but shall not include other charges
such as discon n ectin g, reconnecting or repairing a r tic le s , or rem oving or installing
such item s as TV sets, swing sets, a ir con d ition ers, or e le c tr ic a l, plumbing or
carpen try S e rv ice s,
(3) Storage expenses shall be paid by the com pany fo r a m axim um period of
30 calendar days at either point of origin or point of destination, but not both.
(a)
A ll-r is k insurance prem ium ch arges fo r p resen t-day replacem ent
value, le s s n orm al dep recia tion , of household goods not to ex ceed 8,000 pounds
shall be paid by the com pany, provided that the d ecla red value, nature and amount
of cov e ra g e is no m o re extensive than that which the com pany deem s reasonable.
The com pany shall not be liable fo r lo ss or destruction of or damage to household
goods.
(b)
The com pany shall not pay expenses fo r household goods m oved from
a location other than the departing base fo r an em ployee except those em ployees
who w ere p rev iou sly reloca ted to the departing base at com pany expense but did
not m ove his household goods with him , and provided further that, in such ca s e s ,
the m oving co st does not exceed that from the departing base.
(5)
M ovem ent o f house tr a ile r
(a) An em ployee residin g in a house tra ile r who e le cts to m ove his house tra ile r
by p erson a l auto shall re ce iv e ten (10) cents per m ile fo r the tra ile r in addition to the
ten (10) cents per m ile fo r the em ployee*s person al autom obile.
The com pany shall
a lso pay actual co st o f n e c e ssa ry State p erm its.
(b) If an em ployee e le cts to have his house tra ile r m oved by a com m on c a r r ie r ,
the com pany w ill pay the actual co st not to exceed the equivalent cost of m oving 8,000
pounds of household g ood s, plus an additional allow ance of up to two hundred dollars
($200) to c o v e r norm al tr a ile r m ove co sts such as packing and crating household goods
by com m on c a r r ie r and insuring tra ile r household goods.
Insurance prem ium ch arges
shall be lim ited to co st fo r cov era ge fo r p resen t-day replacem ent value of tra ile r h ou se
hold goods le s s norm al dep reciation .
The com pany shall a lso pay actual cost of n e c e s
sary.
(c)
The com pany shall not be resp on sible fo r any co sts such as the follow ing item s
in connection with house tr a ile r m o v e s: (1) Breakdowns or rep a irs enroute; (2) replacing
or repairin g t ir e s ; (3) blocking or unblocking tra ile r;(4 ) tra ile r w interizing; (5) rem oving
or replacin g steps; (6) rem oving, dism antling or installing TV antennae, curtain rod s,
swing sets, a ir con d ition ers, awnings, etc. ; (7) connecting or disconnecting u tilities;
(8) e le c t r ic a l, plumbing or carpen try s e r v ice s ; (9) storage ch a rg es; (10) tra ile r insurance;
(11) pickup, hauling, d elivery or other w ork p erform ed by c a r r ie r on Saturdays,
Sundays o r h olidays.
104
From the agreement between
Eaton Manufacturing Company and the United
Automobile, Aerospace and Agricultural
Implement Workers of America (AFL-CIO)
(expiration date: October 1967)
M oving expense
A.
E m ployees reloca ted by tra n sfer of operations from one plant to another.
1. An em ployee who is on active em ploym ent r o lls on or after January 1, 1962,
and is o ffe re d and a ccep ts a tra n sfer fro m one plant to another plant co v e re d by this
agreem en t, w ill be paid a m oving allow ance provided:
(a) The plant reloca tion at which the applicant is to be reloca ted is at least
50 m ile s fr o m the plant fro m which his seniority was tra n sferred and as a result of
such re loca tion he changes his perm anent resid en ce.
(b) His application is re ce iv e d by the com pany within six months after
com m en cing em ploym ent at the plant to which he was reloca ted in a ccord a n ce with
p roced u re establish ed by the com pany.
2. The amount of the m oving allow ance w ill be the amount shown in the follow ing table:
M iles between
plant location s
Single
em ployees
5 0 -9 9 -----------------------1 0 0 -2 9 9 _____________
3 0 0 -4 9 9 _____________
5 0 0 -9 9 9 _____________
1,000 o r m o r e ______
$55
75
105
155
215
M arried
em ployees
$180
220
290
420
580
3.
In the event an em ployee after relocatin g to a new plant e x e r c is e s an option to
return with his sen iority to the sen iority r o lls of his orign ial plant under conditions which
would entitle him to a separation payment on the basis of such sen iority, the amount of
any m oving allow ance re ce iv e d w ill be deducted from any subsequent separation payment.
B. E m ployees reloca ted due to permanent discontinuance of w ork in a plant co v ered
by this agreem en t.
1. An em ployee with one ( l) o r m o re y ea rs of sen iority who is on the active e m
ploym ent r o lls on or after January 1, 1962, and a ccep ts an o ffe r of w ork at another
plant of the com pany, w ill be paid a m oving allow ance provided:
(a) The plant reloca tion to which the applicant is to be reloca ted is at least
50 m ile s fro m the plant at which he last w orked and he m ov es his resid en ce as a
result of such reloca tion .
(b) His application is r e ce iv e d by the com pany within six (6) months after
com m en cing em ploym ent at the new location.
2. The amount of m oving allow ance w ill be the g reater of the separation payment to
to which the em ployee would otherw ise be entitled on the date of application or an amount
equal to the a pplican t's unused credit units tim es the m axim um SUB benefits payable under
the SUB plan, but, in either c a se , w ill not ex ceed the applicable amount indicated in the
allow ance table above.
Any such m oving allow ance payable under this paragraph shall be
paid by the com pany subject to the term s and conditions sp ecified in the SUB plan.
Any
subsequent separation payment w ill be reduced by the amount of any m oving allow ance
previou sly re ce iv e d .
C. The amount o f an a pplican t's m oving allow ance as com puted above shall be
reduced by the amount of any relo ca tio n , m oving or living expense benefits that the
applicant r e c e iv e s or is eligib le to r e c e iv e with re sp ect to such reloca tion under any
presen t o r future F edera l or State legisla tion . F o r purposes of this section the applicant shall
be deem ed elig ib le to re ce iv e benefits under F ed eral or State legislation even though he does
not qualify fo r , o r lo s e s , such benefits through failu re to make p rop er application th e re fo re .
105
From the agreement between
Western Electric Company Inc.—Installation
and the Communications Workers of America (AFL-CIO)
(expiration date: September 1969)
Perm anent T ra n sfer
5. 1 T ra v el Tim e
5.
11 T im e scheduled by the com pany fo r travel via com m on c a r r ie r by the
shortest p ra ctica l route between the w ork locations to and fro m which the em ployee is
tra n sfe rre d shall be paid fo r during the day shift schedule in effect at the job location
from which he is tra n sfe rre d and, when sleeping accom odation s are not provided, between
11:00 p. m . and 7:00 a. m . , except when the p rov ision s of paragraph 5.12 apply.
5.
12 If an em ployee n otifies the com pany of his intention to use his autom obile
as a m eans o f transportation to the destination base location , the com pany shall schedule
day and hour o f departure and shall pay travel tim e in cu rred in such use ov er the route
ag reed upon by the em ployee and his su p ervisor at the tim e of tran sfer during the day
shift schedule in effe ct at the jo b location from which the em ployee is tra n sferred .
5. 2 T ra v el Expense
5.21 When the prov ision s of paragraph 5.11 apply, an allow ance shall be paid
fo r the em ployee and each dependent who accom pan ies him , fo r the follow ing item s to
the extent applicable in traveling within the tim e scheduled fo r such tra v el:
(a) Com m on c a r r ie r fa re by the shortest p ra ctica l route between the w ork
location s to and fro m which the em ployee is tra n sferred .
luncheon,
(b) M eals en route (including tip):
$ 3 .7 5 fo r dinner.
$ 2 .0 0 fo r breakfast,
$ 2 .7 5 fo r
(c) L ow er berth in fir s t cla s s sleeping ca r (or equivalent accom m odations
in lieu th ereof) and a $ .5 0 porter tip per night when overnight tra v el is scheduled.
(d) Lodging en route when a stopover is requ ired by the com m on c a r r ie r
schedule - as in cu rred .
5.
22 When the p rov ision s of paragraph 5. 12 apply, an allow ance shall be paid to
the em ployee fo r the follow ing item s to the extent applicable:
(a) M ileage fo r the route agreed upon by the em ployee and his su p ervisor
at the tim e of tra n sfer at $ .0 8 5 per m ile when em ployee has at least $ 5 /1 0 ,0 0 0
public liab ility and $ 5 ,0 0 0 property damage insurance co v e ra g e , or $ .0 8 per m ile
when he does not have such an amount of insurance.
(b) Additional m ilea ge at $ .0 6 per m ile when an em ployee tows an autom obile
tra ile r to be used fo r his living accom odations at the destination base location.
(b -1 ) Towing ch arges enroute
is unable to tow his tr a ile r .
as approved in advance, when an em ployee
(c) Parking o r garaging enroute
- as in curred .
106
(d) M eals
$ 3 .7 5 fo r dinner.
enroute
(e) Lodging
(including tip):
$ 2 .0 0 fo r break fast,
$ 2 .7 5 fo r luncheon,
enroute when a stopover is requ ired - as in curred .
A like allow ance shall be paid fo r each dependent accom panying the em ployee with
resp ect to item s (d), (e) and paragraph 2. 19.
5. 3 Locating E xpenses
5.
31 The com pany shall au thorize, arrange and pay the cost of packing,
unpacking and storage (incidental to shipping) of the e m p lo y e e ^ household g oods, and
shall arrange with the m oving com pany and pay d irectly fo r the follow ing incidental
s e r v ic e s , if n e ce ssa ry :
shipping,
(a) Furnace and chim ney cleaning.
(b) G as, e le c t r ic , and water connections of a m in or nature, including
supplem entary additions within the boundary of the dwelling to u tilities already in
stalled; such a s , e le c tr ic pow er, gas, or water supply to s e r v ice home equipment
or appliances.
(c) R em oval and rein stallation of home equipment (includes uncoupling
at origin and re installation plus incidental serv icin g as requ ired at destination, and
applies to: gas o r e le c tr ic range, washing m achine, d ry e r, fr e e z e r , r e frig e ra to r,
television set, antenna, o r other home equipment).
(d) T ransportation and ca re (boarding) of household pets p rio r fo m oving
into new perm anent resid en ce.
(e) Realignm ent of te le v isio n set and replacem ent of antenna.
The cost
of acquiring a com parable new antenna m ay be paid (not to ex ceed $75) when
rem oval of the old one is not fea sib le .
5.
32 The em ployee shall be reim bu rsed fo r the in cu rred cost of unetxpired board,
rent and garage rent, paid fo r in advance and not re co v e re d .
5.
33 An em ployee who is accom panied by dependents on a permanent tra n sfer
shall be paid a per diem allow ance of $ 9 .0 0 fo r h im self and each dependent ten (10) or
m ore y ea rs of age and $ 5 .0 0 fo r each dependent under ten (10) y e a rs .
Such allow ance
shall be paid fo r each day, starting with the scheduled day of a rriv a l at the base location
(but not b e fo re the day of actual a rriv a l) and ending with the day of m oving into p erm a
nent qu arters o r the fourteenth calendar day at that base location , w hichever o ccu rs
fir s t.
To co v e r a ll other locating expen ses, a single allow ance of $350 shall be paid to
such em ployee.
5. 331 When it is a greed that it is n e ce ssa ry , because of the tra n sfer, fo r an
em ployee to ‘vacate his living qu arters at the starting point p rio r to his scheduled
departure, payment of a per diem allow ance in the amount sp ecified in paragraph 5. 33
shall be m ade fo r a p eriod not to ex ceed three (3) days.
5. 34 To co v e r locating expen ses, an em ployee without dependents shall re ce iv e
$200 payable as fo llo w s:
$24 fo r the w orkw eek during which he fir s t w orks at the base
location , $24 fo r the next w orkw eek, $14 fo r each of the next ten (10) w orkw eeks and
$12 fo r the next w orkw eek, providing he rem ains on the payroll fo r each of the w eeks
in which payment is authorized.
5. 35 An em ployee whose dependents do not accom pany him , but who ad v ises the
com pany that they w ill tra v el to his new base location within fo r ty -fiv e (45) calendar
days follow ing his a r r iv a l on a perm anent tra n sfer, shall be paid a per diem allow ance,
in the amount sp ecified in paragraph 5. 33.
Such allow ance shall be paid fo r a total of
no m o re than fourteen (14) calendar days, including days on which it is paid fo r the
107
the em ployee h im se lf, and days on which it is paid fo r the
they a rriv e at the new location , except that such allow ance
day after the em ployee m ov es into perm anent q u a rters, o r
calendar day follow in g his a r r iv a l, w hichever o ccu rs fir s t.
expen ses, a single allow ance o f $350 shall be paid to such
em ployee and dependents when
shall not be paid fo r any
after the fo rty -fifth (45th)
To c o v e r a ll other locating
em ployee.
5. 351 An em ployee d e s crib e d in paragraph 5. 35 shall a lso be paid an allow ance
fo r each dependent who tra v els to the new base location , to the extent a p p licable, as
provided in paragraph 5.21 or 5 .2 2 , except that in the event paragraph 5 .2 2 app lies,
the em ployee m ay a ls o be paid such allow ance fo r h im self fo r one (1) round trip from
his new base location fo r the purpose of using his autom obile as a m eans of tra n s p o r
tation fo r his dependents to his new base location .
5 .4 E xpenses in connection with d isp osa l of home *
1
5.41 An em ployee whose term o f em ploym ent is five (5) y ea rs or m ore on the
day he notified of a perm anent tra n sfer shall be elig ible to reim bursem ent fo r additional
expenses as fo llo w s:
5.411
The em ployee shall have an option either to se ll his house (excluding
m obile hom es) privately or se ll it to a realty corp ora tion designated by the com pany,
provided: such house is his prin cipal re sid e n ce , the em ployee p o s s e s s e s a good and
m arketable title, the house is either a o n e- or tw o-fa m ily dw elling, it is not used fo r
co m m e r icia l p u rp oses, and the house shall not have been rented after the em ployee has
been notified of his perm anent tra n sfe r.
(a) An em ployee who e le cts to sell his house privately w ill be elig ible to
reim bu rsem en t of the expenses listed in subparagraphs (l) through (6) below provided
the tran saction of sale is com pleted within six (6) months follow ing the date of the
em p lo y e e 's tra n sfe r:
(1)
(2)
(3)
(4)
(5)
(6)
L icen sed b r o k e r 's selling com m ission
M ortgage prepaym ent penalty
L egal fe e s , except unusual fe e s to cle a r substantial title defects
D isbursem ents fo r docum entary stam ps
A pp licable re a l estate tra n sfer taxes
A pplicable title fe e s and survey, if chargeable to se lle r
(b) An em ployee who e le cts to sell his principal resid en ce to realty c o r p o
ration designated by the com pany m ust m eet the follow ing additional requirem ents:
(1) The realty c o rp o ra tio n 's offer must be accep ted within ninety (90) days
follow in g the date o f the house appraisal letter.
(2) The house m ust not have been given to another realty com pany with
an ex clu siv e listin g.
(3) The e m p lo y e e 's equity m ust be $500 or
w hichever is g re a te r.
Z x! z %
of the appraised value,
(4) The total amount of liens and encum brances on the property m ust not
ex ce e d the appraised value.
(5) The tra n sfer o f title, or use of the prop erty m ust not be subject to
the approval of a third party.
(6) The house m ust com ply with applicable law s,
relative to con stru ction and occupancy.
rules and regulations
(c) An em ployee who e le cts to se ll his prin cip al resid en ce to the realty
corp ora tion designated by the com pany w ill not incur the expenses sp ecified in
subparagraph (a) (1) through (6).
108
5.4 1 2 E m ployees who rent their prin cip al resid en ce fro m others shall have their
le a se s settled by the com pany, except that o ra l lea ses w ill not qualify.
5 .4 1 3 Within thirty (30) days p rio r to the date the em ployee is scheduled to report
to w ork at his new base location , the com pany w ill, upon request and subject to the
needs of the b u sin ess, authorize the em ployee to make one v isit of reasonable duration
to the new base location fo r the purpose of searching fo r a resid en ce.
A m a rrie d
em ployee shall be authorized to have his spouse accom pany him .
In this connection, the
com pany w ill reim b u rse the em ployee fo r the follow ing item s to the extent applicable
fo r h im se lf and his spouse:
(a) Lodging at the fiew base location during the period of the v isit as
in
cu rre d .
(b) M eals (including tip) fo r the period of the v is it:
$ 2 .7 5 fo r luncheon, $ 3 .7 5 fo r dinner.
$ 2 .0 0 fo r break fast,
(c)
M ileage fo r the round trip at $ .0 8 5 per m ile when the em ployee has
least $ 2 0 /2 0 /5 ,0 0 0 lia b ility co v e ra g e ; $ .0 8 per m ile when he does not have such an
amount of in su ran ce.
(d)
o f the v isit.
R easonable expense fo r the ca re of ch ild ren and pets during the p eriod
Appendix B.
Identification o f Clauses
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
A m erica n G reeting Card C orp.
Independent G reeting Card W orkers Union (Ind. )
Dow C h em ical Co.
M ine, D istrict 50 (UMW—
50) (Ind. )
P . L o rilla rd C o . , L ou isville plant
T o b a cco W orkers (TWIU)
M etropolitan R igid Paper B ox M anufacturers
A sso cia tio n , Inc. , New Y ork City
Pulp (PSPMW)
F lorsh eim Shoe Co.
Shoe W orkers (USW)
Alabam a T extile P roducts C orp.
Clothing (ACWA)
Calum et and H ecla, Inc.
Steelw orkers (USA)
TRW Inc. , Van Dyke W orks
Auto W orkers (UAW) (Ind. )
W estern Union T elegraph Co. , National
T elegraph W orkers (UTW)
I— D airies and M ilk C om panies, M assachusetts
A
T ea m sters (IBT) (Ind. )
New Y ork Industrial Council o f National
Handbag A ssocia tion
Leather G oods, P la stic and N ovelty W ork ers (LGPN)
Infants and C hildrens Coat A ssocia tion s, Inc. ,
and two others
Garm ent, Ladies* (ILGWU)
P le a te rs, S titch ers, and E m b roid erers
A ssocia tion , Inc. , New Y ork City
G arm ent, Ladies* (ILGWU)
Bethlehem Steel Co.
Steelw orkers (USA)
North A m erica n R ockw ell Standard C orp. ,
C o m m e rcia l P rodu ct Group National A greem ent
Auto W orkers (UAW) (Ind. )
International H arvester Co.
Auto W ork ers (UAW) (Ind. )
M a ssey F ergu son , Inc.
Auto W ork ers (UAW) (Ind. )
Continental M otors C orp.
Auto W ork ers (UAW) (Ind. )
G eneral E le c tr ic Co. , O w ensboro plant
Industrial W o rk e rs, A llied (AIW)
Pet M ilk Co.
T ea m sters (IBT) (Ind. )
K enrose M anufacturing C o . , Inc.
G arm ent, Ladies* (ILGWU)
Knox G lass Inc.
G lass Bottle B low ers (GBBA)
I— M ajor F ood Store Chains, New Y ork
A
M eat Cutters (MCBW)
109
Employer and union
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
I— M ajor Chain S tores, New Y ork
A
R etail, W holesale (RWDSU)
E ast Bay Restaurant A ssocia tion , Inc* and
C aliforn ia L icen sed B everage A ssocia tion
Hotel (HREU)
International R esistan ce Co.
E le c tr ic a l, International (IUE)
L ear S ieg ler, Inc., Instrum ent D ivision
Auto W ork ers (UAW) (Ind. )
E rw in M ills, Inc.,
Textile W o rk e rs, United (UTWA)
G eneral D ynam ics C orp. , F ort W orth
M achinists (IAM)
St. Joseph Lead Co.
Steelw ork ers (USA)
I— L o ca l C artage— m ployer A ssociation s
A
E
T ru ck D r iv e r s, Chauffeurs and H elpers
Union of C hicago (Ind. )
Southern C aliforn ia Shoe M anufacturers A ssocia tion , Inc.
Shoe W o rk e rs, United (USW)
F ood E m p loy ers C ouncil and Independent R etail
O pera tors, C aliforn ia
R etail (RCIA)
A sso cia te d Garm ent Industries D ress
A greem en t, St. Louis
G arm ent, Ladies* (ILGWU)
A m erica n M achine and Foundry C orp.
Auto W ork ers (UAW) (Ind. )
T orrin gton Co.
Auto W ork ers (UAW) (Ind. )
A erod ex , Inc.
T ea m sters (IBT) (Ind. )
I— G eneral Sales A greem en ts, Los A ngeles
A
R etail (RCIA)
B org— arner C orp ., W arner Gear D ivision
W
Auto W ork ers (UAW) (Ind. )
Ice C ream C ouncil, Inc. , Illinois
T ea m sters (IBT) (Ind. )
M erit Clothing C o.
Clothing (ACWA)
New England A pparel M anufacturers A ssocia tion
G arm ent, Ladies* (ILGWU)
Stuffed T oy M anufacturers A ssocia tion ,
New Y ork City
T oy W ork ers (IDTW)
National Skirt and Sportsw ear A ssocia tion
G arm ent, Ladie s * (ILGWU)
A sso cia tio n o f Rain A pparel C on tractors, I n c .,
New Y ork and New J e r se y
G arm ent, Ladies* (ILGWU)
I— Ice C ream C om panies, New J e rse y and New Y ork
A
T ea m sters (IBT) (In d .)
M etropolitan Container C ouncil Inc. , New Y ork and
New J e r s e y
R etail, W holesale (RWDSU)
D ire ct M ail M aster C ontract A ssocia tion
R etail, W holesale (RWDSU)
New J e r s e y A pparel C on tractors A ssocia tion , Inc.
G arm ent, Ladies* (ILGWU)
11
1
Clause
number
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
E xpiration
E m ployer and union
Luggage and Leather Goods M anufacturers A ssocia tion
Leather G oods, P la stic and N ovelty W ork ers (LGPN)
Hupp C orporation , G ibson R efrig era tor D ivision
Auto W ork ers (UAW) (Ind. )
F ord M otor C o.
Auto W ork ers (UAW) (In d .)
United A ir cr a ft C orp. , Pratt and Whitney D ivision
Auto W ork ers (UAW) (Ind. )
Fruehauf C orporation , Strick T ra ile rs D ivision
Auto W ork ers (UAW) (In d .)
C h ry sler C orporation , P arts Depots
Auto W ork ers (UAW) (In d .)
A ldens, Inc.
T ea m sters (IBT) (In d .)
U. S. Steel C orp. , A m erica n B ridge D ivision
S teelw ork ers (USA)
Carnation Co.
T ea m sters (IBT) (In d .)
Southwest O perators A ssocia tion , Garage E m ployees
T ea m sters (IBT) (In d .)
I— T rucking C om panies, Maine
A
T ea m sters (IBT) (Ind. )
Reynolds M etals C o.
Aluminum W orkers (AWU)
B org— arner C orp. , M orse Chain D ivision
W
M achinists (IAM)
C essn a A ir cr a ft Co.
M achinists (IAM)
I— Cem ent C om panies, C alifornia
A
Cem ent W ork ers (CLGW)
C u rtiss— right C orp. , E ngineers and Salaried W ork ers
W
Auto W ork ers (UAW) (Ind. )
Pet M ilk C o., Whitman D ivision
B akery W o rk e rs, A m erican (ABCW)
N orthw estern Steel and W ire Co.
S teelw ork ers (USA)
I— G eneral Trucking Industry, New J e rse y
A
T ea m sters (IBT) (In d .)
L in k -B elt C o. , Ewart and B earing Plants
Steelw orkers (USA)
E m pire State ClQth Hat and Cap Manufacturing
A sso cia tio n , Inc. , New Y ork City
H atters (HCMW)
Radio C orp. o f A m e rica , RCA D ivision
E n gin eers, T echnical (A FTE)
Philadelphia T ransportation Co.
T ra n sp ort W ork ers (TWU)
C aterpilla r T ra cto r C o.
Auto W ork ers (UAW) (Ind.)
W iscon sin Telephone Co.
Com m unications (CWA)
G reat W estern Sugar Co.
T ea m sters (IBT) (In d .)
F ederal— ogul C orp., B ow er R olle r B earings D ivisions
M
Auto W ork ers (UAW) (In d .)
G reat A and P T ea C o. , New Y ork
M eat Cutters (MCBW)
K roger C o.
M eat Cutters (MCBW)
date
August 1968
N ovem ber 1968
Septem ber 1970
May 1969
N ovem ber 1967
Septem ber 1970
January 1969
July 1968
D ecem ber 1968
M arch 1970
A p ril 1967
M ay 1968
Septem ber 1967
June 1970
A p ril 1969
O ctober 1968
F ebruary 1969
August 1968
<
August 1967
Septem ber 1967
June 1969
June 1968
January 1969
Septem ber 1970
A p ril 1971
M arch 1967
F ebru ary 1968
August 1968
Septem ber 1968
Employer and union
n b er
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
Southwestern States Telephone Co.
Com m unications (CWA)
C entral M otor F reigh t A ssocia tion , Inc.
T ea m sters (IBT) (Ind. )
Gould National B a tteries, Inc.
E le c tr ic a l, B rotherhood (IBEW)
J. F. M cE lw ain Co.
New Ham pshire Shoe W orkers Union of
M anchester (Ind. )
I— R etail W holesale and O ffice B a k eries, New Y ork
A
B akery W ork ers, A m erican (ABCW)
I— M etropolitan New Y ork M ilk Industry
A
T ea m sters (IBT) (Ind. )
DWG C igar C orp.
T ea m sters (IBT) (Ind. )
Twin City L in es, I n c ., M inneapolis—
St. Paul
T ran sit Union, Am algam ated (ATU)
I— New JerseyHMew Y ork A rea G eneral
A
Trucking Supplemental A greem ent
T ea m sters (IBT) (Ind. )
International Paper C o. , Southern Kraft D ivision
Pulp, (PSPM W )
E le c tr ic a l, B roth erh ood (IBEW)
G eneral M otors C orp.
Auto W ork ers (UAW) (Ind.)
O w en s-Illin ois, Inc. , Blown P la stic D ivision
G lass Bottle B low ers (GBBA)
I— Fluid M ilk and Ice C ream C om panies, Sacram ento
A
T ea m sters (IBT) (Ind. )
N ational M aster F reigh t A greem ent, Central
Pennsylvania Supplement
T ea m sters (IBT) (Ind. )
E a stern E le c tr ic a l W h olesalers A ssocia tion
E le c tr ic a l, B rotherhood (IBEW)
New England Sportsw ear M anufacturers
G arm ent, L a d ie s ’ (ILGWU)
G eneral Dyanam ics C orp. , Convair D ivision
M achinists (IAM)
Tuna R e se a rch Foundation, C alifornia
S ea fa rers (SIU)
Bitum inous C oal O perators— National
Mine (UMW) (Ind. )
Corning G lass W orks
G la ss, Flint (AFGW )
Kelsey^-Hayes Co.
*
Auto W ork ers (UAW) (Ind. )
C h ry sler C orp.
Auto W orkers (UAW) (Ind. )
Sunstrand C orp.
Auto W ork ers (UAW) (Ind.)
F lorid a P ow er and Light Co.
E le c tr ic a l, B rotherhood (IBEW)
S co v ill M anufacturing C o . , A. Schrader*s Son D ivision
E le c tr ic a l, International (IUE)
W hirlpool C orp.
E le c tr ic a l, International (IUE)
P a c ific Telephone and T elegraph Co. and B ell
Telephone C o. of Nevada
E le c tr ic a l, B rotherhood (IBEW)
Employer and union
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
R iegel P aper C orp.
P ap erm a kers (UPP)
KVP Sutherland Paper Co.
P aperm a kers (UPP)
S in clair O il C orp.
O il, C hem ical and A tom ic W ork ers (OCAW)
Greyhound L in es, Inc., Southern D ivision
T ran sit Union, A m algam ated (ATU)
H eil Co.
S teelw ork ers (USA)
Parke—
Davis C o.
O il, C h em ical and A tom ic W ork ers (OCAW)
P otlatch F o r e s ts , I n c ., Idaho
W oodw orkers (IWA)
Fairbanks M o rse , Inc.
Steelw ork ers (USA)
G lass Container M anufacturers Institute, Inc.
G lass Bottle B low ers (GBBA)
TRW , Inc. , Cleveland
A ir cr a ft W ork ers A llia n ce, Inc. (Ind. )
B ucyrus— rie C o.
E
Steelw ork ers (USA)
Interlake Steel C orp.
S teelw ork ers (USA)
Standard O il C o. o f C aliforn ia, W estern O perations
O il, C hem ical and A tom ic W ork ers (OCAW)
L os Angeles Coat and Suit M anufacturers A ssocia tion
G arm ent, L a d ie s1 (ILGWU)
National Screw and Manufacturing Co.
Auto W orkers (UAW) (Ind. )
M arion P ow er Shovel C o . , Inc.
Steelw orkers (USA)
G eneral Telephone C o. o f Ohio
Com m unications (CWA)
G eneral T ire and Rubber Co.
Rubber W ork ers (URW)
Rath Packing Co.
M eat Cutters (MCBW)
L ockheed A ir cr a ft C orp. , M issile s
and Space D ivision
M achinists (IAM)
O w en s-Illin ois, Inc. , Columbus plant
G lass Bottle B low ers (GBBA)
G lass Container M anufacturers Institute,
Inc. , W est Coast
G lass Bottle B low ers (GBBA)
The Maytag Co.
Auto W ork ers (UAW) (In d .)
M cC a ll C orp.
B ookbinders (IBB)
P h ilco— o rd C orp.
F
E le c tr ic a l, International (IUE)
I— R etail Drug Store O perators C alifornia
A
R etail (RCIA)
A e ro je t G eneral C o r p ., C aliforn ia
M achinists (IAM)
Otis E levator
Co.
E le c tr ic a l, International (IUE)
Employer and union
nber
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
Sealed P ow er C orp.
Auto W ork ers (UAW) (Ind. )
T r ic o P rodu cts C orp.
T r ic o W ork ers Union (Ind. )
John M o r r e ll and Co.
M eat Cutters (MCBW)
B ell Telephone C o. o f Pennsylvania
E le c tr ic a l, B roth erh ood (IBEW)
P otlatch F o r e s ts , Inc. , Southern D ivision
W oodw orkers (IWA)
E ltra C orp.
Auto W ork ers (UAW) (Ind. )
Bendix C orp.
Auto W orkers (UAW) (Ind.)
I— B a k eries, G reater New Y ork A rea
A
B akery W o rk e rs, A m erican (ABCW)
K aiser Foundation H ospital
S erv ice E m ployees (SEIU)
Budd C o. , G ary
Auto W ork ers (UAW) (Ind.)
R etail F ood M arket O p era tors, San Diego
R etail (RCIA)
Shell O il Co.
O il, C h em ical and A tom ic W orkers (OCAW)
Illin ois B ell Telephone Co.
E le c tr ic a l, B roth erh ood (IBEW)
A vco C orp., L ycom ing D ivision
Auto W ork ers (UAW) (In d .)
Radio C orp. o f A m e rica , RCA S erv ice D ivision
E le c tr ic a l, B rotherhood ( IBEW)
O sca r M ayer Co.
M eat Cutters (MCBW)
Copeland R efrigera tion C orp.
E le c tr ic a l, International (IUE)
National M aster Autom obile T ransport A greem ent,
W estern C on feren ce Truckaway Supplement
T ea m sters (IBT) (Ind. )
W ilson and Co.
M eat Cutters (MCBW)
W est C oast Telephone Co.
E le c tr ic a l, B rotherhood (IBEW)
A m erica n Can C o.
Steelw ork ers (USA)
L ev er B roth ers Co.
C hem ical (ICW)
Greyhound L in es, I n c . , W estern D ivision
T ran sit Union, Am algam ated (ATU)
M ichigan B ell Telephone C o.
C om m unications (CWA)
O il, P etroleu m , C h em ical and Liquid P roducts
D rivers A greem en ts, National
T ea m sters (IBT) (In d .)
S p erry Rand C orp. , Sp erry G y roscope D ivision,
Salaried E m ployees
E le c tr ic a l, International (IUE)
San F r a n c isc o Newspaper P u blish ers A ssocia tion
N ew spaper Guild (ANG)
Pennsylvania E le c tr ic Co.
E le c tr ic a l, B roth erh ood (IBEW)
Employer and union
162
163
164
165
166
167
169
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
W iscon sin P ublic S ervice C orp.
E n g in eers, Operating (IUOE)
I— G lass Com panies
A
G lass and C era m ic W orkers (UGCW)
Southern A re a M otor C a r r ie r s , O v er-th e-R oa d
T ea m sters (IBT) (Ind. )
Ohio E dison C o,
U tility W orkers (UWU)
C h ry sler C orp., O ffice and C le rica l E m ployees
Auto W orkers (UAW) (Ind. )
W eston Instrum ents, Inc.
W eston E m ployees Union (Ind. )
Radio C orp. of A m e rica
A sso cia tio n of S cien tists and P ro fe ss io n a l
E ngineering P erson n el (Ind. )
M onsanto Co.
E le c tr ic a l, International (IUE)
Zenith Radio C orp.
Independent Radionic W ork ers of A m e rica (In d .)
M erck and C o. , Inc.
O il, C h em ical and A tom ic W ork ers (OCAW)
Dana C orp.
Auto W ork ers (UAW) (Ind. )
G eneral D ynam ics C orp. , C onvair D ivision
E ngineers and A rch itects A ssocia tion (Ind. )
K ollsm an Instrum ent Co.
M achinists (IAM)
K aiser Aluminum and C hem ical C orp.
Steelw ork ers (USA)
Continental Can C o.
Steelw ork ers (USA)
Aluminum C o. o f A m e rica
A F L -C IO Aluminum C ouncil o f V ancouver,
W ashington
D etroit E dison C o.
U tility W ork ers (UWU)
G eneral Telephone Co. of the Southwest
C om m unications (CWA)
F lo rid a P ow er C orp.
E le c tr ic a l, B rotherhood (IBEW)
E astern Cem ent Haulers A ssociation
T ea m sters (IBT) (In d .)
P a c ific Telephone and T elegraph C o., Accounting E m ployees
Com m unications (CWA)
C onsolidated Gas Supply C orp.
A llegheny Mountain Gas W ork ers (In d .)
A labam a P ow er Co.
E le c tr ic a l, B rotherhood (IBEW)
Southwest O perators A ssocia tion , L oca l F reight
T ea m sters (IBT) (In d .)
C leveland E le c tr ic Illuminating Co.
U tility W ork ers (UWU)
P ublic S erv ice C oordinated T ran sp ort,
New J e r s e y
T ran sit Union, Am algam ated (ATU)
Pickands Mather and Co.
Steelw ork ers (USA)
Greyhound L in es, Inc., E astern D ivision
T ra n sit Union, Am algam ated (ATU)
Employer and union
lib e r
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
Panhandle E astern Pipe Line C o., F ield E m ployees
O il, C h em ical and A tom ic W ork ers (OCAW)
A rm ou r and Co.
M eat Cutters (MCBW)
G eneral Telephone Co. o f M ichigan
E le c tr ic a l, B rotherhood (IBEW)
P ublic S erv ice Co. of C olorado
E le c tr ic a l, B rotherhood (IBEW)
I— C entral States A rea , L o ca l Cartage
A
T ea m sters (IBT) (Ind. )
G eneral Telephone C o. o f Pennsylvania
E le c tr ic a l, B roth erh ood (IBEW)
W estern E le c tr ic C o. , Inc. , Installation E m ployees
Com m unications (CWA)
S perry Rand C orp. , Sperry G y roscop e D ivision,
H ourly E m ployees
E le c tr ic a l, International (IUE)
Dayton P ow er and Light Co.
Utility W ork ers (UWU)
A e ro je t G eneral C orp. , Sacram ento
M achinists (IAM)
F a irch ild H iller C orp.
M achinists (IAM)
Southern B ell Telephone and T elegraph Co.
Com m unications (CWA)
R och ester Telephone C orp.
C om m unications (CWA)
K rog er Co. , Ohio
R etail (RCIA)
B oeing C o . , Washington, F lorid a , Kansas,
and C aliforn ia
M achinists (IAM)
C onnecticut Light and P ow er C o.
E le c tr ic a l, B roth erh ood (IBEW)
Diam ond State Telephone Co.
United Telephone W ork ers of Delaware (Ind. )
A rm co Steel C orp.
Steelw orkers (USA)
C leveland C liffs Iron C o .— M ines
S teelw orkers (USA)
Budd C o. , Philadelphia
Auto W ork ers (UAW) (Ind. )
Budd C o. , R ed Lion Plant
Auto W ork ers (UAW) (Ind. )
Standard Screw Co.
Auto W ork ers (UAW) (Ind. )
E xpiration
date
May 1968
August 1970
M ay 1969
M ay 1968
M arch 1970
June 1968
Septem ber 1969
June 1970
O ctober 1970
August 1968
July 1970
O ctober 1969
M arch 1970
O ctober 1969
O ctober 1968
M ay 1968
D ecem ber 1969
July 1968
July 1968
M arch 1968
M arch 1968
A p ril 1968
NOTE: A ll unions are affiliated with the A F L -C IO ex cep t those follow ed by (Ind. ).
The Bulletin 1425 series on major collective bargaining agreements is available from the Super
intendent o f Documents, U. S. Government Printing Office, Washington, D. C ., 20402, or from the
BLS Regional Offices, as shown on the inside back cover.
Bulletin
number
1425-1
Title
Price
Major Collective Bargaining Agreements:
Grievance Procedures
1425-2
1425-3
45cents
Severance Pay and Layoff Benefit Plans
60cents
Supplemental Unemployment Benefit Plans
and Wage-Employment Guarantees
70cents
1425-4
Deferred Wage Increase and Escalator Clauses
40cents
1425-5
Management Rights and Union-Management
Cooperation
60cents
1425-6
Arbitration Procedures
$1
1425-7
Training and Retraining Provisions
50cents
1425-8
Subcontracting
55cents
For a list o f other industrial relations studies, write for A Directory of BLS Studies in Industrial
Relations, 1954-65.
* U.S. GOVERNMENT PRINTING OFFICE : I MR 0 -3 5 4 -8 2 0
\
Region I
Region I!
1603-B Federal Building
341 Ninth Ave.
Government Center
New York, N. Y. 10001
Boston, Mass. 02203
Phone: 971-540S (Area Code 212)
Phone: 223-6762 (Area Code 617)
Region III
406 Penn Square Building
1317 Filbert St.
Philadelphia, Pa. 19107
Phone: 597-7796 (Area Code 215)
Region IV
Suite 540
1371 Peachtree St. NE.
Atlanta, Ga. 30309
Phone: 526-5418 (Area Code 404)
Region VI
Federal Office Building
911 Walnut S t., 10th Floor
Kansas City, Mo. 64106
Phone: 374-2481 (Area Code 816)
Region VII
337 Mayflower Building
411 North Akard St.
Dallas, Tex. 75201
Phone: 749-3516 (Area Code 214)
Region VIII
450 Golden Gate Ave.
Box 36017
San Francisco, Calif. 94102
Phone: 556-4678 (Area Code 415)
Region V
219 South Dearborn St.
Chicago, 111. 60604
Phone: 3S3-7230 (Area Code 312)
@FedFRASER