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Major Collective Bargaining Agreements: Union Security and Dues Checkoff Provisions U.S. Department of Labor Bureau of Labor Statistics May 1982 Bulletin 1425-21 M ajor Collective Bargaining Agreements: Union Security and Dues Checkoff Provisions U.S. Department of Labor Raymond J. Donovan, Secretary Bureau of Labor Statistics Janet L. Norwood, Commissioner May 1982 Bulletin 1425-21 For sale by the Superintendent of Documents, U.S. Government Printing Office Washington, D.C. 20402 - Price $4.75 Preface This bulletin is the 21st and last in a series of studies prepared by the Bureau of Labor Statistics to survey in depth the entire scope of collective bargaining agree ment provisions. Other publications in the series are listed at the back of this bulletin. This bulletin provides information about two impor tant issues in collective bargaining: The protection of a union’s status by some type of union security provi sion and the collection of union dues by a dues check off arrangement. For this study, nearly all collective bargaining agree ments in the United States covering 1,000'workers or more in private industry, except railroads and airlines, were examined for the incidence of union security and dues checkoff provisions. A sample of agreements was also examined for more detailed information on the fea tures of these provisions. All agreements studied are part of a current file maintained by the Bureau for pub lic and government use as directed by Section 211 of the Labor-Management Relations Act of 1947. iii The interpretation and classification of the agreement clauses in this bulletin represent the Bureau’s under standing, and not necessarily that of the parties who negotiated them. Clauses, identified in appendix A, are for illustrative purposes only and are not intended as models. This bulletin was prepared in the Division of Devel opments in Labor-Management Relations, Office of Wages and Industrial Relations, by Mary Anne Andrews, David Schlein, and Winston L. Tillery, un der the general direction of Michael H. Cimini, Project Director. Doris Thomas and Kathy Bailey assisted in the coding. Computer programming and tabulation of data were developed by Wayne D. Peterson, Office of Statistical Operations. Manuscript typing was done by Sandra Bradford, Division of Developments in La bor-Management Relations. Material in this publication is in the public domain and may, with appropriate credit, be reproduced with out permission. Contents Chapter 1. Introduction ............................................................................................................... Scope of s tu d y ............................................................................................................................. Comparison of 1958-59 and 1981-82 s tu d ie s ............................................................................ Page 1 1 2 Chapter 2. Union security provisions........................................................................................... Prevalence................................................................................................................................... Union shop................................................................................................................................... Modified union shop................................................................................................................... Maintenance of m em bership..................................................................................................... Agency shop................................................................................................................................. Grace periods............................................................................................................................... Exclusions from membership requirem ents.............................................................................. Savings clauses............................................................................................................................. Employer pledge of nondiscrimination..................................................................................... Harmony clauses......................................................................................................................... Union pledge of nondiscrimination in membership ................................................................ Methods to resolve union security d isp u te s.............................................................................. Hiring practices........................................................................................................................... 4 5 5 7 8 10 12 14 14 16 17 18 19 19 Chapter 3. Dues checkoff provisions........................................................................................... Prevalence................................................................................................................................... Dues collection ........................................................................................................................... Union activity on company time or prem ises............................................................................ Checkoff te r m s ........................................................................................................................... Checkoff am ounts....................................................................................................................... Penalty for unreasonable delay in remitting d u e s .................................................................... Term of authorization ............................................................................................................... Membership requirem ents......................................................................................................... Methods to resolve checkoff disputes....................................................................................... Indemnity..................................................................................................................................... Administration of checkoff....................................................................................................... 23 23 23 24 26 29 30 32 35 39 40 40 Text tables: Major collective bargaining agreements, 1981-82: 1. Union shop provisions..................................................................................................... 2. Maintenance of membership provisions........................................................................ 3. Agency shop provisions................................................................................................... 4. Duration of union security grace p e rio d s...................................................................... 5. Union security savings c lauses....................................................................................... 6. Hiring practices............................................................................................................... 7. Union activity provisions............................................................................................... 8. Penalty for unreasonable delay in remitting dues.......................................................... 9. Renewal of dues checkoffs............................................................................................. 10. Duration of grace periods to regain ‘‘good standing” ................................................ 6 8 11 12 14 20 24 30 33 37 v Contents—Continued Page Reference tables: Major collective bargaining agreements, 1981-82: 1. Union security provisions by industry............................................................................ 2. Union security provisions by region and S ta te .............................................................. 3. Union security provisions in sample agreements by State coverage............................ 4. Union security provisions in sample agreements by type of savings clause................ 5. Union security provisions by type of hiring clause in sample agreem ents.................. 6. Hiring practices in sample agreements by coverage in States with and without right-to-work laws......................................................................................................... 7. Checkoff provisions by in d u stry .................................................................................... 8. Checkoff provisions by type of union security.............................................................. 9. Checkoff provisions by region and State........................................................................ 10. Checkoff provisions in sample agreements by coverage of States with and without right-to-work law s.......................................................................................... 11. Checkoff authorization and renewal provisions in sample agreements...................... Appendixes: A. Selected union security and dues checkoff provisions .................................................... B. Identification of clauses...................................................................................................... 44 46 49 50 51 51 52 54 55 58 58 59 67 Chapter 1. Introduction Union security controversies frequently appear on the American scene. It is an issue that potentially af fects millions of workers and millions of dollars in un ion dues. It kindles recurring debates on the appropri ate balance of power between the Federal and State governments, as well as on individual rights and rights of the majority. Finally, it raises questions concerning the power of unions and the potential abuse of such power. Dues checkoff provisions obligate management to withhold union dues and, in many cases, other financial obligations, such as initiation fees, assessments, or fines, from an employee’s wages and to transmit these funds to the union. Review of labor agreements for dues checkoff provisions may understate their prevalence, since checkoff is a common practice in organized es tablishments and is not always dependent upon a for mal clause. Under LMRA, dues checkoff is permissible only by each employee’s written authorization, which cannot be in effect for more than 1 year or beyond the termi nation date of the labor agreement, whichever comes first. Under the act, a mandatory dues checkoff provi sion is illegal and is an unfair labor practice for both the union and the employer. The primary benefit of union security and dues check off arrangements is the strengthening of the union. Besides being larger than they might otherwise be, un ion membership and financial resources become rela tively permanent and steady. Just as one of the major goals of a union is to pro vide job security for its members, the union also seeks security for itself as an institution in collective bargain ing agreements. To accomplish this, the union normally demands some type of union security and automatic dues checkoff arrangements. Union security provisions require some or all mem bers of the bargaining unit to become or remain mem bers of the union, or to pay service fees to the union, as a condition of employment. These clauses range from very stringent provisions, such as the now illegal closed shop (no person in a unit covered by the agreement can be employed unless the person is already a member of the union) to weaker provisions, such as an agency shop (employees must pay dues or equivalent fees to the un ion but are not required to become members). Historically, union security provisions usually meant compulsory unionism,1a term which embraces all those arrangements under which union membership becomes a condition or precondition of employment. Compul sory unionism has been one of the most rigorously regu lated areas of labor relations in the United States. Sec tion 8 (a) (3) of the Labor Management Relations Act (LMRA) of 1947 (Taft-Hartley Act), as amended, in effect prohibits the closed shop and discriminatory pref erential hiring arrangements and permits both union shop and maintenance of membership arrangements un der certain conditions.12 Section 14 (b) gave birth to the “right-to-work” laws, which allow States to outlaw ar rangements requiring membership in a union as a con dition of employment, thus, allowing State laws to supersede the Federal LMRA. Twenty States currently have right-to-work laws. Al though no State has enacted such legislation since 1976, right-to-work battles have been intermittently fought. In the first 6 months of 1981, right-to-work bills were defeated or vetoed in seven States.3 Scope of study For this study, the Bureau examined 1,327 private industry agreements, excluding railroad and airline agreements, each covering 1,000 workers or more, or almost three-fourths of such agreements. The agree ments covered 6.1 million workers, or about one-fourth of the total under collective bargaining agreements out side the excluded industries. Of the agreements exam ined, 621, covering 2.7 million workers, were negoti ated in manufacturing industries; and 706, covering 3.4 million workers, were in nonmanufacturing. Most agree ments were scheduled to expire in 1981 or later. Agreements were examined for the prevalence and form of union security and dues checkoff provisions. The provisions were also examined for coverage, es cape and grace periods, savings clauses, methods to re solve disputes, nondiscriminatory pledges by the em ployer and union, and contract language pertaining to 1The four basic forms of compulsory unionism are the closed shop (outlawed since 1947), union shop, maintenance of membership, and preferential hiring. 2Union shop clauses require all employees to become members of the union within a specified time after being hired or after a new provision is negotiated, and to remain members of the union as a condition of employment. Maintenance of membership provisions re quire employees who are members of the union at the time the agree ment is negotiated, or who voluntarily join subsequently, to maintain their membership, usually for the duration of the agreement, as a condition of employment. 3The seven States are Idaho, Maine, Maryland, New Hampshire, New Mexico, Vermont, and West Virginia. 1 facturing, agreement coverage increased from 72 to 85 percent, and worker coverage from 73 to 92 percent. However, if the agency shop clauses were excluded, only 75 percent of the 1981-82 manufacturing agree ments, covering 83 percent of the workers, and 76 per cent of the nonmanufacturing agreements, covering 75 percent of the workers, would still be considered as having union security provisions. The overall decline in the proportion of agreements that, under some cir Comparison of 1958-59 and 1981-82 studies cumstances, require union membership as a condition The 1958-59 Bureau study, Union Security and of employment may reflect the growth of industry in Checkoff Provisions in Major Union Contracts (Bulletin right-to-work States, and the toughening stance of em 1272, 1960), dealt with the same subject matter as the ployers toward unions in recent years. present study.4 W here possible, data for this study were The union security study for 1958-59 included some compared with data from the study of union security data from studies made from 1946 through 1954. These and checkoff provisions in agreements in effect in 1958indicated a rapid increase in worker coverage under 59. The reader should be aware of differences in meth union shop provisions, from 50 percent in 1946 to 74 odology used in the two studies. For example, all 1958percent in 1958-59, and a rapid decrease in coverage 59 data were based on the complete file of agreements under maintenance of membership clauses, from 25 per covering 1,000 workers or more, while some of the cent in 1946 to 7 percent in 1958-59. Sole bargaining 1981-82 tabulations were based on a one-third sample accounted for 25 percent of workers under contracts of the file. in 1946 and rose to 31 percent in 1949-50, following Union security provisions. The overall incidence of passage of the LMRA, but declined to 19 percent in agreements containing union security provisions in 1958-59 agreements. creased from 79 percent in 1958-59 to 83 percent in The current study reveals relatively little change over 1981-82, and worker coverage increased from 82 per a 23-year period in the proportion of workers subject cent to 90 percent. The apparent gain stems from the to the union shop (around 74 percent) or maintenance increase in agency shop contracts—from less than 1 of membership provisions (around 5 percent). W orker percent of 1958-59 agreements, to 8 percent in 1981-82, coverage under sole bargaining provisions, however, with worker coverage rising from less than 1 percent decreased to 10 percent (from 19 percent). to nearly 12 percent.5 Perhaps the most significant change was the increase In both studies, union shop provisions were found in in the incidence of agency shop provisions. The 1958about 70 percent of the agreements and maintenance of 59 study disclosed only four contracts with such pro membership clauses in less than 10 percent of the agree visions applicable to less than 1 percent of the workers.6 ments. The incidence of sole bargaining clauses, an ar By 1981-82, 103 agency shop clauses, as the only form rangement under which workers are not required to of union security, applied to nearly 12 percent of become or remain union members, dropped, from oneworkers in the study. Most of the growth may be at fifth of all agreements in the 1958-59 study to one-sixth tributed to the adoption of the agency shop by the par in the 1981-82 study. ties to Bell System telephone service and manufactur Including agency shop clauses, the proportion of ing agreements. manufacturing agreements with union security provi The 1981-82 study also included 37 interstate con sions was about 80 percent in both studies, while worker tracts that provided for either the union shop in States coverage remained at around 86 percent. In nonmanuthat allowed it, or the agency shop in other States, 4 Earlier BLS studies in this area include: Extent o f Collective Bar where permitted. The number of workers covered by these contracts was quite large—almost 900,000, or 15 gaining and Union Recognition, 1946, Bulletin 909, 1947; “Union-Se curity Provisions in Agreements, 1941-50,” Monthly Labor Review, percent of those in the study—although the actual num August 1950; “Union Status Under Collective Bargaining Agree ber of workers covered separately by union shop and ments, 1950-51,” Monthly Labor Review, November 1951; “Union agency shop provisions was unknown. The 1958-59 Status Provisions in Collective Agreements, 1952,” Monthly Labor study recorded no such combination of union security. Review, April 1953; and “Union-Security Provisions in Agreements, 1954,” Monthly Labor Review, June 1955. Data on union security and About one-tenth of the union shop agreements in the dues checkoff provisions in the private sector are tabulated by indus current study were modified to exempt certain workers try in Characteristics o f Major Collective Bargaining Agreements, Janu from coverage, down from one-fifth in the earlier study. ary 1, 1980, Bulletin 2095, 1981, and earlier bulletins in this series. Total worker coverage, which of course included an Agreements that combine the agency shop with union shop and harmonious relations. Also reviewed were key proce dural matters relating to dues checkoff; i.e., checkoff terms, timing of checkoff and remittance schedules, rules relating to renewing or revocating dues checkoff authority, standards for continued membership, penal ties for members not being in good standing, and dis charge procedures, including grievance machinery, if provided. maintenance of membership provisions were not included. For more detailed data, see Bureau of Labor Statistics, Union Security and Checkoff Provisions in Major Union Contracts, Bulletin 1272, 1960. 6These contracts were included under “sole bargaining” in the 195859 study. 2 unknown proportion of exempted workers, also de clined, to 8 percent from 21 percent.7 Union shop and modified union shop provisions in combinations with the agency shop, representing a negligible number of contracts and workers in the older study, increased to nearly 6 percent of all union shop provisions; the con tracts applied to nearly 23 percent of all workers cov ered by union shop provisions. Although maintenance of membership provisions de clined overall, provisions combining maintenance of membership with the agency shop increased both in absolute and relative terms, from 8 agreements (cover ing 47,000 workers) to 22 agreements (covering 72,900 workers). In 1981-82, these clauses accounted for onethird of all maintenance of membership clauses, cover ing one-fourth of the workers, compared to less than one-tenth of each in the earlier study. The proportion of agreements with union security provisions increased in all regions, except the South Atlantic, while the proportion of workers covered in creased in all regions. In both studies, the highest pro portions of agreements with some form of union secu rity were found in the Middle Atlantic region, East North Central region, and Pacific region. Regions hav ing low proportions in the earlier study remained low in the recent study. The relative growth in union security coverage was due to an increase in the incidence of agency shop clauses. This growth may be directly related to the growth in the proportion of agreements negotiated in right-to-work States, since agency shop provisions may be the only form of union security permitted in some of these States. Comparison of the two studies also in dicates that the number of agreements covering workers, all or some of whom are in right-to-work States, increased from 20 to 26 percent, and worker coverage under these agreements rose from 38 to 44 percent, reflecting the industrial growth in these States and migration of industry from the older centers in the northeastern part of the country. Data on hiring clauses, which give unions some con trol over the employee-selection process, suggest that unions may have expanded their role in hiring practices, as the incidence of agreements with hiring provisions increased from 22 to almost 28 percent between the two studies. This increase may, however, stem almost entirely from an expansion of hiring hall provisions in the construction industry since 1959, when the Landrum-Griffin Act sanctioned certain hiring hall pro cedures in the industry. As the 1981-82 study 7 A part of the decline in worker coverage between the two studies may be because the 1981-82 study ignored exemptions applying only to workers having 30 or more years of service, usually a small proportion. 3 demonstrates, most of the hiring practice provisions were found in union shop agreements. Checkoffprovisions. Data on the prevalence o f check off provisions for the two studies were readily compa rable and show that both the proportion of agreements with checkoff and worker coverage increased signifi cantly. The 1958-59 study found checkoffs in 71 per cent of agreements, covering 77 percent of workers, compared with 86 percent for both agreements and workers in the 1981-82 study. Most of the increase may be attributed to increased acceptance of checkoff in the construction, printing and publishing, wholesale and re tail trade, and hotel and restaurant industries, where operations tend to be in smaller units and checkoff records more difficult to maintain. In the older study, no more than one-half the agreements in each of these industries provided for checkoff, while in the current study, almost two-thirds did. The composition of types of dues checkoff payments changed to some degree. In the 1958-59 study, 16 agree ments allowed fines on members to be checked off, while the 1981-82 study found none. Deductions for contributions to political action funds were absent from the 1958-59 provisions, but appeared in 41 agreements in the 1981-82 study. In both studies, the relationship between union secu rity provisions and checkoff provisions appeared to be weak. The proportion of union shop agreements requir ing checkoff was below the average for all agreements having checkoff in both studies, while maintenance of membership agreements had a much higher proportion containing checkoff. This suggests some negotiations may have involved a tradeoff between the type of un ion security and inclusion of checkoff in the agreement. Over the 20-year interval between the two studies, the proportion of agreements containing checkoff pro visions increased significantly in all regions of the Na tion. Regions with the highest proportion of agreements with checkoff in 1958-59 remained so in the 1981-82 study. The proportion of workers covered by checkoff provisions increased substantially in all areas, except in the Mountain region where it declined. No cause for this decline was determined. In the 1958 study, checkoff was found in 85 percent of agreements applying within right-to-work States, compared with only 69 percent of those in States with out right-to-work laws. By the 1981-82 study, the dif ference had almost disappeared; checkoffs were found in 88 percent of agreements in right-to-work States, and 91 percent of those in non-right-to-work States. Simi larly, worker coverage under dues checkoff provisions was higher in agreements negotiated in right-to-work States than in those States without right-to-work laws, with the gap narrowing substantially between 1958-59 and 1981-82. Chapter 2. Union Security Provisions union members for bargaining unit work. The closed shop has always met strong management opposition, because it severely restricts management’s hiring right. A union able to exercise such control also may adopt a “closed union” policy, admitting no new members, particularly during periods of high unemployment, in order to reserve available work for its membership. The closed shop used to be common in construction, print ing, longshoring, and other industries characterized by strong unions, many relatively small employers, and short-term job duration. It was outlawed by the Labor Management Relations Act of 1947 (LMRA). The LM RA followed upon a period of industrial un rest and growing public concern over union power. An avowed purpose of the act was to correct alleged excesses permitted by the Wagner Act of 1935, and re store a balance of rights between employers and unions. Although the closed shop was prohibited, nondiscriminatory union hiring halls, which sometimes in prac tice approximate closed shops, remained legal. Unions also were still permitted to negotiate union shop provisions. Organized labor opposed the new restrictions, of course. Labor’s most bitter disappointment was with Section 14 (b) of the act, which permitted State laws prohibiting union membership as a condition of employ ment to take precedence over the Federal law. Despite organized labor’s efforts to repeal 14 (b), State right-towork laws multiplied. In 1981, 20 States had laws pro hibiting negotiations of provisions requiring union mem bership as a condition of employment.8 The primary types of union security allowed by the LMRA, but which may be proscribed by State laws, include: Union security provisions have always been contro versial. The controversy centers upon the element of compulsion and ranges from scholarly debates over freedom of choice versus “free ridership” to legal and legislative debates over the “right to work.” Those who favor union security provisions claim that, because by law the union must represent all members of the bargaining unit, it is only fair that all the em ployees be required to join and pay dues. This elimi nates the “free rider,” who benefits from the union’s services but avoids the responsibility and expense of union membership, and gives the union the moral and financial support to carry out responsibly and effec tively its obligations, both to members and to manage ment. Without this element of compulsion, the union can survive only by the constant efforts of union offi cials and activists to recruit new members and retain old ones. Under union security clauses, which ensure more stable membership or income, regardless of em ployee turnover, union officials can devote more time and energy to constructive collective bargaining goals. Proponents also argue that union security agreements are, in effect, an application of majority rule, promote more responsible union leadership, and protect the un ion and employees against discrimination based on un ion activity or membership. Those opposed to union security clauses usually ar gue that no one should be compelled to become a un ion member or pay dues against his or her will, simply because a service is rendered. Some opponents question whether unions do, in many cases, provide services. In creased economic benefits, for example, may stem, not from union efforts, but from good management and new technology; seniority systems introduced by unions may actually limit the upward mobility of newer workers with superior ability. Unions, like businesses, should stand or fall on their own merits. If a union benefits its constituency, the argument sometimes goes, it will not lack for members; if it provides no benefits, it deserves to lose members. Opponents of union security arrange ments also argue that such agreements detract from re sponsible unionism, give unions too great a voice in hiring decisions, and impede employees’ rights to work wherever they wish. The strongest form of union security—the closed shop—required the employer to hire and retain only (A) Union shop: Nonunion workers may be hired, but they must join the union on or after 30 days (after 7 days in construction) and remain members as a condi tion of employment. (B) Modified union shop: Workers who were not union members when the agreement became effective or who were hired before a specified date are exempted from 8 These States are: Alabama, Arizona, Arkansas, Florida, Georgia, Iowa, Kansas, Louisiana, Mississippi, Nebraska, Nevada, North Caro lina, North Dakota, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, and Wyoming. 4 compulsory membership. All new hires are required to join the union as a condition of employment. (C) Maintenance of membership: No employee is re quired to join the union, but those who are or become members must remain members during the term of the agreement. (D) Agency shop: No employee is required to become or remain a union member, but nonmembers must pay union dues or equivalent service fees to the union. (E) Modified agency shop: Workers who were not pay ing dues or equivalent fees when the agreement be came effective or who were hired before a certain date are exempted from paying compulsory dues. All new hires are required to pay dues or equivalent fees. tral region, nearly all agreements studied had union se curity provisions. By contrast, only 33 percent of agree ments, covering 35 percent of workers, in the East South Central region had union security clauses. Of States represented by 10 or more agreements, five— Massachsetts, Michigan, Minnesota, Missouri, and Ohio—included union security in all agreements, while agreements in Virginia, a right-to-work State, had none. The only union security provision that was prevalent through most of the country was the union shop, which was found in high proportions in all regions, except in the South Atlantic, East South Central, and West South Central. Of the 476 sample agreements examined, 351 involved bargaining units solely in States without right-to-work laws, while 72 involved units solely in right-to-work States (table 3). An additional 50 contracts involved mixed coverage. Sixty-two of 122 agreements in right-to-work States had union security provisions. Of the 62, curiously, 26 provided for the union shop; 13, for the union shop for some employees and the agency shop for others; 11, for the agency shop; and 12, for other forms of union security. Many of the union shop clauses might have been negotiated to take effect if fu ture changes in State laws allow such provisions and were likely to be subject to savings clauses elsewhere in the contracts. A few might apply to plaiits on Fed eral lands where State laws do not apply. Even though it imposes no obligation on employees to either join the union or pay a service fee, sole bar gaining may be considered a miminum form of union security. This is because the union must have the sup port of a majority of employees in the bargaining unit to win an NLRB recognition election.9 Once the union is recognized as the exclusive representative and nego tiates an agreement, it may be considered secure, at least for the life of the agreement. However, only con tinued recruiting of new members and effective service can assure the union’s continued viability. Prevalence Union security provisions, in addition to sole bargain ing, were negotiated in 1,100 (83 percent) of the 1,327 major agreements covered by this study. These provi sions covered nearly 5.5 million (90 percent) of the 6.1 million workers involved.10*Included were 787 provi sions calling for union shop; 52, for modified union shop; 87. for agency shop; 10, for modified agency shop; 46, for maintenance of membership; and 118, for com binations of union security provisions or other arrange ments (table 1). Union security clauses appeared in 80 percent of con tracts in manufacuturing and in 85 percent of those in nonmanufacturing. Worker coverage also was higher in nonmanufacturing than in manufacturing—92 per cent versus 87 percent. Union security provisions ap peared in at least one-half the agreements in all indus tries except textiles, chemicals, and petroleum refining, which are concentrated in States that ban various forms of union security. The regional distribution of the union security pro visions was influenced, of course, by the location of right-to-work States (table 2). In the East North Cen Union shop The union shop was called for in 72 percent (787) of agreements containing union security provisions, but applied to only 58 percent of workers covered by un ion security clauses. Union shop provisions were most prevalent in nonmanufacturing agreements, but ap peared in every major industry group except petroleum refining. When agreements that contain modified union shop clauses (52) or other union security provisions that establish the union shop for some employees or plants are added, 929 agreements, or 84 percent of all having union security, called for some form of the union shop (text table l).11 Of the 90 mixed union shop provisions, combinations of union shop with agency shop (37) and modified union shop with maintenance of membership (29) were most prevalent. The 787 “pure” union shop provisions were worded in a variety of ways. The most comprehensive and per haps the most common clauses pointed out separate re quirements for 1) currently employed members, 2) cur rently employed nonmembers, and 3) new hires. In par ticular, these “three-part” clauses made clear that those 9The National Labor Relations Board is the agency which admin isters the representation function under the Labor Management Re lations Act. 10Because many of the agreements applied to bargaining units in both right-to-work States and other States, the proportion of workers actually subject to union security provisions was somewhat less. "T he 929 agreements applied to nearly 82 percent of the workers covered by union security provisions. Union shop requirements, of course, applied to only some of these workers. 5 8(a) (3) of the National Labor Relations Act, as amended. Text table 1. Union shop provisions, 1981-82 Provision Agree ments Workers (thousands) Total having provisions....................................... 929 4,464.9 Union shop.................................................................. Modified union sh o p ................................................. Combination of union shop and: Modified union sh o p .............................................. Agency sh op............................................................ Maintenance of membership................................ Combination of modified union shop and: Agency shop............................................................ Maintenance of membership................................ O ther............................................................................ 78 7 52 3,172.2 142.7 1 37 6 1.0 896.6 41.8 14 29 3 108.0 86.1 16.3 A large number of union shop provisions did not es tablish separate requirements for those who were al ready members, but followed the wording of the TaftHartley Act, which permits a grace period for all em ployees and new hires: who already were members must remain members and, hence, were not subject to the period, often 30 days, during which membership is not required.12One part of this three-part clause was, in fact, a maintenance of membership clause, although the entire provision has been treated, for the study, as establishing a union shop: (1) (2) (3) Employees who are now members of the union shall, as a condition of continued employment, remain mem bers of the union. All other employees within the bar gaining unit and all new employees employed within the bargaining unit shall, as a condition of employment, become members on or after 30 calendar days of the execution of this agreement or their date of employ ment, whichever is later. It shall be a condition of employment that all em ployees covered by this agreement who are members o f the union in good standing on the date of execution of this agreement shall remain members in good stand ing, and those who are not members on the date of execution of this agreement shall, on the 42nd day fol lowing the date of execution of this agreement, become and remain members in good standing in the union and the union shall be given written notice of the names, addresses and Social Security numbers of such employ ees. It shall also be a condition of employment that all workers covered by this agreement hired on or after the date of execution hereof shall, on the 42nd day following the beginning of such employment, become and remain members in good standing of the union. It is agreed all present production and maintenance employees not otherwise excluded shall become mem bers of the union within 30 days after date of this agreement, and it is the condition of continued em ployment under this contract that all employees cov ered by this agreement and all employees hired in the future not otherwise excluded shall become members of the union within 30 days and shall remain members in good standing during the life of this agreement. (5) As a condition of employment all employees referred to in Section 1.1 shall, 30 days after the date of exe cution of this agreement, or in the case of new em ployees, 30 days after the date of hiring, become mem bers of the union and remain members in good stand ing in the union during the term of each agreement. (6) Subject to the provisions of the Labor Management Relations Act of 1947 as amended, all present employ ees on and after the 30th day following execution of this agreement, and all future employees on and after the 30th day following the beginning of their employ ment shall become and remain members in good stand ing of the union as a condition of continued employment. A small number of these provisions not only estab lished the membership requirements for present mem bers and new hires, but set requirements for those trans ferring into the unit: (7) As a condition of employment, every employee per forming construction work within the jurisdiction of a union, and not a member of such union at the time of employment, shall, after the seventh day following the beginning of such employment or the effective date of this agreement, whichever is later, offer to become a member of such union and tender the uniformly re quired initiation fees and dues, and all employees who are or who become members of the union shall remain members in good standing of the union during the term of this agreement, provided that the construction and application of this provision shall be subject to Section All present employees covered by this agreement shall, within 30 days after the effective date of this agreement, as a condition of continued employment, become members of the union and thereafter remain members of the union in good standing. All employ ees hired or transferred into the bargaining unit after the effective date of this agreement shall within 30 days after date of hiring, as a condition of continued employment, become members of the union and there after remain members of the union in good standing. Employees who are currently members of the union shall maintain their membership as a condition of con tinued employment. . . . Rarely, a clause was worded as both a definition of a union shop and as a statement of requirements: (8) 12The LMRA states that union membership may be required “on or after the 30th day following the beginning o f . . . employment or the effective date of [the] agreement, whichever is the later.*’ This language has led to disputes of whether a member may resign on the effective date to take advantage of the 30-day grace period. (4) 6 The employer shall maintain a union shop. A “un ion shop” is one that maintains safe and sanitary con ditions, and that employs only persons who are mem bers of the union in good standing, or who become members and remain members in gbod standing on the 30th day of actual work following the commencement of their employment, or from the effective date of this agreement, whichever is later. Such actual working days shall not exceed a 2 month period. . . . Modified union shop Modified union shop clauses appeared in 52 agree ments (24 in manufacturing and 28 in nonmanufactur ing), covering 142,700 workers. Half the agreements (27) were in the construction, utilities, and primary metal industries. Contracts in the primary metals indus try accounted for more than a quarter of the workers covered under such provisions. In simplest form, such clauses require union mem bership of newer employees, but exempt from compul sory membership1213 workers hired before the date of the agreement, or a specified earlier date. Clauses of this nature, which are relatively rare, theoretically exclude even the original negotiators of the provision from any membership obligations. This may not, however, be true in practice: (9) date shall, as a condition of employment maintain his membership in the union. Each employee hired on or after January 4, 1960, shall as a condition of employment, beginning on the thirtieth day following the beginning of such employ ment or the effective date of this agreement whichever is the later, acquire and maintain membership in the union. (13) All individuals who by hire or transfer became or become employees as herein defined shall, at the expi ration of their probationary period or the date of exe cution of this agreement, whichever is later, become and remain members of the union in good standing for the duration of this agreement. During the first 30 days’ employment period, em ployees shall be deemed to be under probation. D ur ing this 30 day period, the employer is to be the sole judge of the employee’s fitness for employment. Under another 14 modified union shop clauses, all employees hired after a given date had to join and main tain membership in the union. Usually, other employ ees who were or became members had to remain mem bers. All employees who continued to be nonmembers had to pay an agency shop fee, and often, the equiva lent of an initiation fee: Whenever necessary to employ new applicants, such employees shall become members of Local Union No. 16T within 30 days after employment, and such em ployees shall, as a condition of employment, maintain their membership in the union in good standing for the duration of this agreement. (10) Each new employee shall serve a three months’ pro bationary period of employment with the company. Such new employees shall make arrangements with the union for membership therein on or immediately after thirty days of employment. The union agrees that such employee may voluntarily choose not to become a member until the three months’ probationary period has elapsed. After becoming a union member, the em ployee will continue such membership in good stand ing as a condition of employment under this agreement. An additional 29 clauses not only required newer workers to be union members, but required senior em ployees (those hired before a given date) who were or voluntarily became union members to maintain their membership as a condition of employment. It is likely that many of these modified union shop provisions suc ceeded maintenance of membership clauses and repre sented a concession to senior workers who had never chosen to become members: (11) Any present hourly employee who is a member in good standing of the union, or who thereafter joins the union during the term of this agreement, and any eligible newly hired hourly employee after completing his probation period, shall join and remain a member o f the union in good standing as a condition of em ployment with the company, during the term of this agreement. . . . (12) Each employee who on the effective date of this agreement is a member of the union in good standing and each employee who becomes a member after that All employees who on the date of execution of this agreement were members of the union, and all employ ees who thereafter become members of the union shall, as a condition of continued employment, remain mem bers of the union in good standing for the duration of this agreement. (14) All employees who are members of the union in good standing in accordance with the constitution and bylaws of the union or who thereafter become mem bers shall, as a condition of employment remain mem bers of the union in good standing for the duration of this agreement. All new employees will become mem bers of the union 31 days after employment and remain such, as a condition of employment. All those employ ees in the unit as of the effective date of the agreement who are not at that time members of the union shall 31 days after the effective date of this agreement ei ther become members of the union or as a condition of employment pay to the union a service fee to the extent allowed by law. (15) All nurses covered by this agreement newly em ployed after March 1, 1968, shall become members of the association within 31 days after employment and shall continue membership in good standing during the life of the agreement. All nurses who are members of the association on March 1, 1968, or who voluntarily join the association shall maintain their membership in the association in good standing during the life of the agreement. Effective August 1, 1974, all those nurses employed prior to March 2, 1968, who are not mem bers in good standing of the association, shall, as a condition of continued employment, either join the as sociation or pay to the association each month a serv ice charge. The service charge shall be in an amount equal to all monthly dues uniformly required of the association members at the hospitals. . . . 13Rarely, a modified union shop clause may exclude workers from membership on some basis other than date of hire. 7 (16) In the present study, only 46 of the 1,100 agreements with union security clauses had pure maintenance of membership clauses (text table 2). These provisions were found mostly in manufacturing, particularly in electri cal machinery, which accounted for nearly 60 percent of all covered workers, and in petroleum refining, where they were the only type of union security clauses en countered (table 1). They were also found in the trans portation equipment and chemical industries. All employees who at the date of the signing of this agreement are members of the union in good standing as to payment of dues and initiation fees shall maintain membership in the union in good standing as to pay ment of dues and initiation fees for the duration of this agreement as a condition of employment. Each new employee hired hereafter, shall, as a con dition of employment, beginning on the 30th day fol lowing the beginning of such employment acquire and maintain membership in the union in good standing as to payment of dues and initiation fees for the duration of this agreement. Text table 2. Maintenance of membership provisions, 1981-82 In states in which the [above] provisions . . . may not lawfully be enforced, and in all other states, each employee covered by this agreement who fails to ac quire or maintain membership in the union shall be re quired, as a condition of employment, beginning on the 31st day following the beginning of such employ ment or the date of the signing of this agreement which ever is later, to pay to the union each month a service charge as a condition toward the administration of this agreement and the representation of such employee. The service charge for the first month shall be in an amount equal to the union’s regular and usual initia tion fee and monthly dues and for each month there after, in an amount equal to the regular and usual monthly dues. Provision Workers (thousands) Total having provisions......................................... 106 418.4 Maintenance of membership...................................... Combination of maintenance of membership and: Union sh o p ................................................................. Modified union sh o p .................................................. Agency shop............................................................... Modified agency sh o p ............................................... O th e r.............................................................................. 46 201.2 6 29 16 6 3 41.8 86.1 49.4 23.5 16.3 In addition to the 46 agreements requiring only that union members remain members, 60 agreements com bined such requirements with some other form of un ion security, mainly union shop or agency shop. These included 12 multiplant contracts under which a union shop or modified agency shop applied to some plants, and maintenance of membership to others; 29 agree ments in which union shop applied to more recently hired workers, and maintenance of membership to others; and 16 agreements requiring union members to remain members, and nonunion members to pay union dues or equivalent service fees. Since the wording of maintenance of membership clauses commonly reflected legal requirements and re strictions, the clauses often indicated that dues payment was the only element critical to continued union membership: Most of these modified union shop clauses were ne gotiated for past agreements and carried forward. Since, with employee turnover, the actual proportion of em ployees subject to union shop terms normally increases with time, it is likely that some of the bargaining units that have been subject to the clause through several successive agreements are composed entirely, or almost entirely, of union members. Maintenance of membership Maintenance of membership clauses are considered relatively weak forms of union security, since there is no requirement that nonmembers either join or pay a service fee. In addition, many of the maintenance of membership provisions contain an escape clause per mitting union members to withdraw from the union within a fixed period of time. Under such provisions, a union with declining popularity not only may be un able to recruit new employees, but may lose some of its current members. Maintenance of membership clauses found some fa vor in the 1920’s, but received their greatest impetus during World War II, when the National War Labor Board promoted their use to help prevent strikes in de fense industries. The clauses were intended as a com promise between union demands for the closed or un ion shop and management demands for the open shop. The compromise succeeded in pleasing almost no one. Following the passage of the LMRA, the clauses were increasingly either banned by State laws or replaced by union shop provisions. Agree ments (17) Subject to applicable law, all employees who, as of the date of this agreement are members of the union in good standing in accordance with the constitution and by-laws of the union or who become members of the union following the effective date of this agree ment, shall, as a condition of employment, remain mem bers of the union in good standing insofar as the pay ment of periodic dues and initiation fees, uniformly re quired, is concerned. (18) All employees who, on the effective date of this contract are members of the union in good standing in accordance with its constitution and by-laws and all employees who voluntarily become members after that date, shall, as a condition of employment, maintain their membership in the union through the prompt payment of dues, or the tendering of dues for the du ration of this contract. An employee shall be deemed to maintain his membership in the union as long as he pays or tenders his periodic union dues. In the event , 8 (19) that an employee fails to pay or tender his periodic union dues, he shall be subject to discharge. date of each succeeding applicable collective bargaining agreement between the parties by individual notice in writing mailed by registered or certified letter to the local with a copy to the company. All employees who are members of the union in good standing on the effective date hereof, or who hereafter become members shall as a condition of con tinued employment retain membership in the union in sofar as payment of regular monthly dues falling due on or after this agreement becomes effective is con cerned. . . . Although rare, escape periods may be associated with other types of union security. Some escape clauses were found in nonsample agreements that established the un ion shop. These may have resulted from past compro mises, in which the company agreed to the union shop only if an escape clause were carried over from an ear lier maintenance of membership arrangement: Escape period. A small proportion of union security provisions require employees to join or maintain mem bership as a condition of employment, yet provide for a periodic escape period, during which employees may resign from membership without penalty. Although es cape periods may apply to any form of union security, they are usually associated with maintenance of mem bership clauses, possibly because such clauses, approved by the War Labor Board during World War II, com monly allowed a 15-day escape period at the beginning or expiration of each agreement. The rationale may be that, since joining the union is a voluntary act, some means should be available for withdrawing. The escape clause further weakens an already weak form of union security. Escape periods were found in 12 sample contracts, all having maintenance of membership provisions, or one-third of the 36 sample contracts with such provi sions. Some escape clauses allowed withdrawal only near the expiration date of the agreement, while others allowed a annual withdrawal period: (20) . . . At any time within the period 15 days prior to the expiration of this agreement (December 25, 1981 to January 8, 1982, inc.) any such employee may with draw from membership in the union if such employee shall mail to the company and the union a written no tice of this intention to do so, which notice shall be postmarked between December 25, 1981 and January 8, 1982, both inclusive. (21) As used in this article, the term “membership in the Guild” means tendering the periodic dues uniformly required by the Guild. During the period of 30 calen dar days following the signing of this agreement, em ployees shall be given a choice of resigning, or retain ing, membership in the Guild. Those who choose to retain membership in the Guild by the close of this period shall be obligated to tender the periodic dues uniformly required by the Guild, as an obligation of employment, until the next such open period, or con tract expiration, whichever occurs first. Employees hired after the effective date of this agreement, who choose to become members of the Guild, shall simi larly maintain membership in the Guild. There shall be a similar escape period of 30 days on the second and third anniversaries of the signing of this agreement. (22) With respect to maintenance of union membership as a condition of employment under this agreem ent. . . an employee may resign from the union between June 18 and June 27, 1982, or 10 days prior to the termination (23) Any employee, who at the effective date of this con tract, is a member in good standing of the union, and any employee who beomes a member thereafter shall, as a condition of employment, remain a member of the union in good standing for the duration of this agree ment. However, any employee wishing to resign from membership in the union may do so by giving indi vidual written notice to the Secretary of the union with a copy to the Manager, Labor Relations of the com pany at any time during the period beginning Septem ber 15, 1982, and extending until 11:59 A.M. on Octo ber 1, 1982. The employee’s written notice of his or her desire to withdraw from membership in the union shall be on a withdrawal form which he or she must obtain from his or her union representative. All new employees hired after the effective date of this agreement shall, as a condition of continued em ployment, become members of the union upon reach ing regular employee status. Such employees shall re main members in good standing provided that any em ployee may terminate his or her future membership obligation by withdrawing from membership in the union in the same manner as described . . . above. (24) Every person who is first hired on a job in the unit covered by this agreement after November 3, 1952, shall, as a condition of continued employment, be a member of the union on and after the 60th day after the date of his hire, and shall thereafter maintain his membership in the union. . . . Notwithstanding any other provisions of this Sec tion, every employe who is otherwise required under this Section to obtain and/or maintain membership in the union shall have the right, after having obtained such membership, to resign from the union by giving written notice thereof to the Corporation and to the union during the period from October 27 to Novem ber 2, 1953, inclusive, and during the same period of each year thereafter while this agreement remains in effect (such period is hereafter referred to as the “with drawal period”). Such notice shall be deemed to have been properly given if a registered letter is postmarked or is received by the corporation and the union during the withdrawal period. Any employe who resigns from the union during a withdrawal period shall not there after be obligated to obtain or maintain membership in the union unless he shall, thereafter, during the life of this agreement, again become a member of the union, in which case he shall maintain his membership as a condition of employment thereafter, subject to his right to resign during any subsequent withdrawal period as provided in this paragraph. . . . 9 Withdrawing from the union generally was a formal procedure. The employees were required to notify the union or company by registered or certified mail: be stirred to vote in a union election, an opportunity unavailable to nonmembers under an agency shop. Thus, according to pro-union forces, the agency shop is a pale imitiation of the union shop. (25) The union agrees that any present or future employee who is now or may become a member of the union may withdraw from membership in the union between September 21st and September 30th inclusive of each year, beginning with September 21, 1979, by giving notice by registered or certified mail to the Industrial Relations Department of this compary. After such withdrawal an employee shall not be required to re join the union as a condition of continued employment. (26) All sales representatives who are members of the union in good standing on the date of this agreement, in accordance with the Constitution and By-Laws of the union, and all sales representatives who thereafter become members of the union, shall, as a condition of employment, remain members of the union in good standing for the duration of this agreement, except that any such sales representative may terminate his mem bership by written notice sent by registered mail to the union within the 30 day period beginning March 2, 1981 and ending March 31, 1981, inclusive. From a neutral position, the agency shop may be viewed as an imperfect compromise. It deals imper fectly with the concept of free choice, for while workers need not join the union, they must pay for its services even if they perceive the service as detrimental. It deals imperfectly with the concept of the free rider, for the nonmembers still avoid certain payments, particularly special assessments and occasional fines, that may be levied on members. Pure agency shop provisions appeared in 87 (8 per cent) of the 1,100 agreements having union security, and covered 12 percent of workers involved. The clauses were found most commonly in the communica tions industry, as well as that part of the electrical ma chinery and equipment industry that produces com munication equipment (table 1). Clauses in these two industries were negotiated mostly by the Communica tions Workers and Electrical Workers (IBEW) with units of the Bell Telephone system: Agency shop The principle behind the agency shop is that, since the union must provide service to all members of the bargaining unit, not just union members, all employees should share in the cost of providing this service. Prior to passage of the LM RA and State laws prohibiting compulsory union membership, the agency shop was virtually unknown. Even today, it is in limited use. The agency shop may be considered a relatively weak form of union security but of value to unions unable, because of employer resistance or State laws, to negotiate a un ion shop clause. Supporters of the agency shop sometimes argue that the differences between it and the union shop are more of form than substance, in part, because the LM RA holds that union membership obligations under a union shop clause are limited to payment of uniform dues and initiation fees and, in part, because many union mem bers take little or no active part in union affairs. Thus, they argue, a bargaining unit under an agency shop clause has approximately the same financial support, active participation, and leadership as it would have under a union shop clause. These arguments are unacceptable to most unionists. For them, membership is essential. They argue that un ion membership binds workers together, enhances morale, and strengthens union bargaining power. It pro vides the solidarity of an all-union working environ ment, rather than the division created by union mem bers and nonmembers working together. In addition, while the union shop gives the union greater control over the workers it represents, these workers, in turn, have greater control over the union. For example, there are times when even the most apathetic members may (27) All employees, except occasional employees, who are members of the union or who are obligated to tender to the union amounts equal to periodic dues on the effective date of this agreement, or who later be come members, and all employees, except occasional employees, entering into the bargaining unit on or after the effective date of this agreement, shall as a condi tion of employment pay or tender to the union amounts equal to the periodic dues applicable to members from such effective date or, in the case of such employees, entering into the bargaining unit after the effective date, on the thirtieth day after such entrance, until the termination of this contract. (28) Each employee who is a member of the union or who is obligated to tender to the union amounts equal to periodic dues on the effective date of this agree ment, shall as a condition of employment, pay or tender to the union amounts equal to the periodic dues appli cable to members, for the period from such effective date or, in the case of employees entering into the bar gaining unit after the effective date, on or after the 30th day after such entrance, whichever of these dates is later, until the termination of this agreement. Each employee who is a member of the bargaining unit on or before the effective date of this agreement and who on the effective date of this agreement was not required as a condition of employment to pay or tender to the union amounts equal to the periodic dues applicable to members, shall, as a condition of employ ment, pay or tender to the union amounts equal to the periodic dues applicable to members for the period be ginning 30 days after the effective date of this agree ment, until the termination of this agreement. The conditions of employment specified above shall not apply during periods of formal separation from the bargaining unit by any such employee but shall reapply 10 to such employee on the 30th day following his or her return to the bargaining unit. they see fit. Neither party shall exert any pressure on or discriminate against an employee as regards such matters. Including combinations with other forms of union security, 179 agreements (16 percent) having union se curity provisions established the agency shop for at least some workers (text table 3). These agreements covered (2) Membership in the union is separate, apart and distinct from the assumption by one of his equal obligation to the extent that he receives equal benefits. The union is required under this agree ment to represent all of the employees in the bar gaining unit fairly and equally without regard to whether or not an employee is a member of the union. The terms of this agreement have been made for all employees in the bargaining unit and not only for members in this union, and this agree ment has been executed by the employer after it has satisfied itself that the union is the choice of a majority of the employees in the bargaining unit. Accordingly, it is fair that each employee in the bargaining unit pay his own way and assume his fair share of the obligation along with the grant of equal benefit contained in this agreement. (3) In accordance with the policy set forth under subparagraphs (1) and (2) of this section all em ployees shall as a condition of continued employ ment, pay to the union, the employee’s exclusive collective bargaining representative an amount of money equal to that paid by other employees in the bargaining unit who are members of the un ion, which shall be limited to an amount of money equal to the union’s regular and usual initiation fees, and its regular and usual dues. For present employees, such payments shall commence 31 days following the effective date or on the date of exe cution of this agreement, whichever is the later, and for new employees, the payment shall start 31 days following the date of employment. Text table 3. Agency shop provisions, 1981-82 Provision Agree ments Workers (thousands) Total having provisions....................................... 179 1,809.4 Agency shop.............................................................. Modified agency sh o p .............................................. Combination of agency shop and: Union shop.............................................................. Modified union s h o p .............................................. Modified agency s h o p ........................................... Maintenance of membership................................ Combination of modified agency shop and maintenance of membership................................ O ther........................................................................... 87 10 632.0 56.9 37 14 6 16 896.6 108.0 26.5 49.4 6 3 23.5 16.3 1.8 million workers, although the actual number of workers subject to the agency shop clause was undoubt edly far less. The large number of workers were mostly accounted for by the 37 agreements that established combinations of union shop, where allowed, and agency shop, where allowed. These gave the union the strong est form of union security allowed by State law.14 If neither form were legal, of course, oniy sole bargain ing would apply. These provisions were negotiated un der many Teamsters’ agreements, particularly those in trucking. The Teamster clauses often included a para graph explaining the equity of the agency shop arrangement: Steelworkers agreements also often included more than one form of union security in their multi-State contracts, usually a modified union shop for some plants and an agency shop for others: (29) (30) All present employees who are members of the un ion on the effective date of this subsection or on the date of execution of this agreement, whichever is the later, shall remain members of the union in good stand ing as a condition of employment. All present employ ees who are not members of the union and all employ ees who are hired hereafter shall become and remain members in good standing of the union as a condition of employment on and after the 31st day following the beginning of their employment or on and after the 31st day following the effective date of this subsection or the date of this agreement, whichever is the later. . . . Each employee hired on or after July 1, 1956, shall as a condition of employment, beginning on the 30th day following the beginning of such employment or the effective date of this agreement, whichever is the later, acquire and maintain membership in the union. At the Hennepin Works, the provisions of this Subsec tion shall only be applicable to each employee hired on or after August 1, 1968. . . . If any agency shop clause is permissible in any state where the provisions of this article relating to union shop cannot apply, the following agency clause shall prevail: (1) In states in which the foregoing provisions may not lawfully be enforced, the following provisions, to the extent that they are lawful, shall apply: Membership in the union is not compulsory. Employees have the right to join, not join, main tain, or drop their membership in the union, as Each employee who would be required to acquire or maintain membership in the union if the foregoing union security provisions could lawfully be enforced, and who fails voluntarily to acquire or maintain mem bership in the union, shall be required as a condition of employment, beginning on the 30th day following 14Some of the agreements were negotiated for bargaining units lo cated solely in States allowing the union shop, so that the agency shop provisions did not actually apply. Each employee who on the effective date of this agreement is a member of the union in good standing and each employee who becomes a member after that date shall, as a condition of employment, maintain his membership in the union. 11 the beginning of such employment or the date of this agreement, whichever is later, to pay to the union each month a service charge as a contribution toward the administration of this agreement and the representation of such employees. The service charge for the first month shall be in an amount equal to the union’s regu lar and usual initiation fee and monthly dues, and for each month thereafter in an amount equal to the regu lar and usual monthly dues. Sixteen other agency shop provisions combined the service fee requirement for nonmembers with a main tenance of membership requirement for members, pro ducing a slightly stronger form of union security than agency shop alone. These provisions occasionally in cluded the typical membership escape clause, but em ployees who elected to withdraw from union member ship remained obligated to pay a service fee: (31) Text table 4. Duration of union security grace periods, 1981-82 Duration Each employee who on the effective date of this agreement is a member of the union in good standing and each employee who becomes a member after that date, shall, as a condition of employment, maintain his/her membership in the union. . . . Each employee covered by this agreement who fails to acquire or maintain membership in the union, shall be required as a condition of employment, beginnings on the 31st day following the beginning of such em ployment or the date of signing of this amended agree ment, whichever is later, to pay to the union each month a service charge as a contribution toward the administration of this agreement and the representation of such employee. The service charge for the first month shall be in an amount equal to the union’s regu lar and usual initiation fee and monthly dues, and for each month thereafter in an amount equal to the regu lar and usual monthly dues. (32) quirements after 7 days in this industry. Grace periods are not set by Federal law with regard to other types of union security provisions, but some contracts do al low such periods before employees become obligated to pay service fees. Of the sample agreements examined, 74 percent re ferred to grace periods, ranging from less than 30 to 90 days of employment (text table 4). Except for agree ments in construction, by far the most usual arrange- Agree ments Workers (thousands) Total having grace periods................................ 354 1,994.7 Duration: Less than 30 d a y s ................................................. 30 days ..................................................................... 31-45 days............................................................... 46-60 days............................................................... Over 60 d a y s ........................................................... Varied duration........................................................ Not specified............................................................ 57 191 77 11 4 9 5 225.4 1,246.9 430.4 20.7 14.6 38.4 18.2 ment (in 191 agreements) met the 30-day minimum re quirement; many other agreements added 1 day, stem ming from LM RA’s language of “on or after 30 days” : (33) All employees who are members of the union as of the signing of this agreement, and all employees who hereafter are members of the union shall remain mem bers of the union as a condition of continued employ ment for the duration of this agreement. It shall be a condition of employment that all workers . . . who are not members on the date of the execution of this agreement shall, on the 30th day following the date of the execution of this agreement, become and remain members in good standing in the union. It shall also be a condition of employment that all employees covered by this agreement and hired on or after the date of execution thereof shall, on the 30th day fol lowing the beginning of such employment, become and remain members in good standing in the union. (34) All employees who have not acquired or maintained membership in the union, shall be required, as a con dition of employment, beginning on the 30th day fol lowing employment, or following the date of the rati fication of this agreement, whichever is later, to pay to the union an amount equal to the union’s regular and usual initiation fee and to pay each month a serv ice charge in an amount equal to the regular monthly dues, as a contribution toward the administration of this agreement. Such contribution to continue through out the term of this agreement. . . . All present employees who are not members of the local union and all employees who are hired here after, shall become and remain members in good stand ing of the local union as a condition of employment on and after the 31st day following the beginning of their employment or on and after the 31st day follow ing the effective date of this subsection or the date of this agreement, whichever is the later. . . . (35) Each employee covered by this agreement shall, as a condition of employment, become and remain a mem ber of the union not later than the thirtieth calendar day following his date of employment or the date of execution of this agreement, whichever is the later. (36) All present employees in the bargaining unit shall, as a condition of employment, become members of the union within 31 days after the effective date of this agreement and shall remain members of the union for the duration of this agreement. Grace periods Under the LMRA, a union shop provision may be negotiated (unless proscribed by State law), but em ployees may not be required to join the union before the 30th day of employment or the effective date of the agreement, whichever is later. The act was amended in 1959 to allow for special conditions in building and construction, to permit negotiation of membership re Similarly, most construction contracts set require ments as stipulated by the Federal law. The LM RA 7-day minimum grace period usually was given as the maximum negotiated grace period: 12 (37) The employees shall become and remain members of the union as a condition of employment from the seventh but not later than the eighth day of employ ment, or the effective date of this agreement, which ever is later. (38) All employees who are members of the union on the effective date of this section shall remain members of the union in good standing as a condition of employ ment. All present members who are not members of the union and all employees who are hired hereafter shall become and remain members in good standing of the union as a condition of employment at the expira tion of 7 days following the beginning of their employ ment with any member of the association or at the ex piration of 7 days following the effective date of this section, whichever is the later. . . . (39) . . . It is hereby agreed by both parties that any em ployees employed by the contractor shall become mem bers of the respective local herein mentioned after the 7th day of employment. periods might have been another way of recognizing the often intermittent employment of newly hired employees: The Federal law makes no direct reference to agency shop clauses, and therefore, sets no minimum grace pe riod. However, negotiators of such provisions often set such a period, possibly to comply with State labor laws: (32) All employees who have not acquired or maintained membership in the union, shall be required, as a con dition of employment beginning on the 30th day fol lowing employment, or following the date of the rati fication of this agreement, whichever is later, to pay to the union an amount equal to the union’s regular and usual initiation fee and to pay each month a serv ice charge in an amount equal to the regular monthly dues, as a condition toward the administration of this agreement. Such contribution to continue throughout the term of this agreement. (40) Any employee entering the bargaining unit after the effective date of this agreement, upon completion of his 30-day period, shall as a condition of employment pay to the union an amount equal to the periodic dues. A “union shop” is one that maintains safe and sani tary conditions, and that employs only persons who are members of the union in good standing, or who become members and remain members in good stand ing on the 30th day of actual work following the com mencement of their employment, or from the effective date of this agreement whichever is later. Such actual working days shall not exceed a 2 month period. . . . (42) All new employees are covered by this agreement from the time of hire and all employees must, as a con dition of employment, acquire membership in the as sociation within 60 days after the effective date of this agreement or the date of employment, whichever is later, and maintain such membership for the duration of this agreement. . . . (43) . . . Each employee in the bargaining unit in the em ploy of the company on the effective date of this agree ment who has not completed his probationary period and each new employee in the bargaining unit whose employment begins after the effective date of this agree ment shall, as a condition of continued employment, become a member of the union on the 1st day of the week following the completion of his probationary pe riod and shall thereafter maintain his membership in the union during the term of this agreement. (44) All employees shall, as a condition of their contin ued employment by the employer, become and remain members of the union in good standing to the extent provided by law, upon satisfactory completion of their probationary period following the beginning of their employment. A small number of provisions varied the grace pe riod for other reasons. Some construction industry clauses required union membership after 7 days for workers employed at construction sites, but after 30-31 days for other employees. This may be to avoid viola tions of the law, if some workers in the bargaining unit A number of provisions allowed grace periods longer than the minimum set by Federal law. The longer grace Employees covered by this agreement at the time it becomes effective shall be required as a condition of continued employment to become members of the un ion on or within 10 calendar days after the 30th cal endar day following such effective date. Employees hired after the effective date of this agreement and covered by this agreement shall be required as a con dition of continued employment to become members of the union on or within 10 calendar days after the 30th calendar day following the beginning of their em ployment. . . . Yet other provisions established the grace periods to coincide with a new employee’s probationary period. Some employers and unions hold the position that an employee should not be required to join the union until he or she has gained regular employee and seniority status. During the probationary period (which of course may be 30 days or less), a new employee usually may be terminated without union intervention. Coupling a longer grace period with a longer probationary period may avoid charges against the union of failure to rep resent a dismissed union member. Since probationary periods sometimes varied depending on the time needed to learn the work, the grace periods also varied at times: Although the LMRA does not specify whether the grace period is in terms of calendar days or actual work ing days, it usually is given the first interpretation. Per haps out of recognition that new employees are the ones most likely to be affected by temporary layoffs and intermittent employment, a small number of provi sions required membership, within limits, only after a specified number of days were actually worked: (8) (41) 13 cannot properly be included in the building and con struction industry: (45) union need not be covered by any union shop provi sions that may be provided hereafter. All employees covered by this agreement employed at the site of construction, alteration, painting or re pair of a building, structure or other work shall be re quired, as a condition of employment, to apply for, and to become members of, and to maintain member ship in, the union (that is the parent local union or the appropriate subdivision of the union as determined from time to time by the union by classification) within 8 days following the beginning of their employment or the effective date of this clause, whichever is the lat ter. . . . All employees covered by this agreement not em ployed on the site of construction, alteration, painting or repair of a building, structure or other work shall be required, as a condition of employment, to apply for, and to become members of, and to maintain mem bership in, the union (that is the parent local union or the appropriate subdivision of the union as determined from time to time by the union by classification) within 31 days following the beginning of their employment or the effective date of this clause, whichever is the latter. . . . Exclusions from membership requirements Of the 476 sample agreements, 26 excluded certain groups of employees from union security requirements. The 26 clauses most commonly applied to part-time or temporary employees. Should such worker’s status later change, he or she would normally be required to com ply with the union security clause in the same way as other regular employees: (46) (47) The company is agreeable to making payment of initiation fees and regular current union dues a condi tion of continued employment for all employees in the bargaining unit . . . except temporary employees and probationary employees who shall not be subject to the provisions of this Article. . . . The provisions of this [union security section] shall not apply to part-time, temporary or summer employees. Another exclusion related to workers who objected to joining or supporting a union on religious grounds. This exclusion received legal sanction in 1980, when the LM RA was amended to provide that employees belonging to a “bona fide religion, body, or sect which historically held conscientious objections to joining or financially supporting labor organizations” are not re quired to do so as a condition of employment. Because the amendment is recent, only three provisions appeared in the present study. One required the exempted worker to pay the equivalent of dues and initiation fees to a nonreligious, nonlabor charity: (48) The union and the company may agree mutually that an individual employee who has religious objec tions or other valid objections to membership in the 14 (49) Any employee who is a member of and adheres to established and traditional tenets or teachings of a bona fide religion, body or sect which has historically held conscientious objections to joining or financially sup porting labor organizations shall not be required to join or financially support the union as a condition of employment hereunder; provided, however, that such employee shall be required to pay, in lieu of periodic dues and initiation fees, sums equal to such dues and initiation fees to a nonreligious, nonlabor organization charitable fund exempt from taxation under . . . the In ternal Revenue Code, chosen by such employee from the following three funds . . . Boy Scouts of America . . . Girl Scouts of America . . . Metro United Way. . . . Savings clauses General savings clauses, which invalidate any nego tiated provisions that are or become illegal, or that are in conflict with the law, while allowing the rest of the agreement to remain in force, are common in collective bargaining agreements.15 Less common, but still nu merous, are savings clauses limited to union security provisions, including those providing, contingent upon changes in Federal or State laws, for automatic adop tion or negotiation of different union security terms. Savings clauses pertaining to union security were found in 80 (17 percent) sample agreements (text table 5). The Text table 5. Union security savings clauses, 1981-82 Savings clauses Total having savings clauses............................. Different form of union security becomes effective: If law changes...................................................... If present provision held invalid......................... Different form of union security to be negotiated if law changes or present provision held invalid Present form not operative if prohibited by law .... O ther............................................................................ Agree ments Workers (thousands) 80 938.6 28 3 146.6 15.9 15 16 18 101.7 464.8 209.6 provisions were particularly common and detailed in agreements negotiated by the Teamsters union. The vast majority of savings clauses were found in agreements having some type of union shop provision (table 4). Under 28 agreements, a different form of union se curity, not currently allowed by law, would become effective if the law were changed to allow it. Most pro visions were negotiated by unions to permit the strong est legal union security clause to apply automatically. However, some agreements specified only that, should 15Of 1,550 major agreements in effect on or after January 1, 1980, 976 contained savings clauses. See Bureau of Labor Statistics, Char acteristics o f Major Collective Bargaining Agreements, January 1, 1980, Bulletin 2095, 1981. ter of law, either party to this agreement may elect to re-open this agreement for the purpose of negotiating a new union security provision. the law permit, the specific form of union security pre viously in force would be reinstituted: (50) If and when there should be a change in the Iowa law permitting a union shop or agency shop, the un ion shop or agency shop condition adopted by the State of Iowa shall be effective the week following such change. . . . (51) In the event the Right to Work Act of the State of Mississippi is repealed or modified so as to permit the inclusion, in this agreement of the maintenance of mem bership provisions of the Basic Agreement dated Janu ary 15, 1953, between the parties hereto; such provi sions shall then be included. . . . (52) In the event that any applicable statute is enacted, or any decision rendered by a court or administrative agency having jurisdiction thereof, which statute or decision permits union security or hiring provisions more favorable to the union than contained herein, then the parties hereto shall meet and amend this agree ment so as to give the union the benefits permitted by such statute or decision. (56) In the event this Section of this agreement is deter mined to be invalid or unenforceable by any tribunal, judicial, administrative or arbitral, and said Section be comes unenforceable because of such determinations, then the union shall have the right to reopen the agree ment solely to enable the parties to negotiate an alter nate protective provision. Sixty days prior notice of such reopening shall be given by the union but no such notice shall be given earlier than 60 days prior to March 31, 1980. At any time after 60 days from such notice if the negotiations have not been successful, then the union shall be entitled to terminate the agreement and shall then be free to strike. Such 60 day period may be extended from month to month by mutual consent of the parties. (57) Any provision of this agreement adjudged to be un lawful by a court of competent jurisdiction shall be treated for all purposes as null and void but all other provisions of this agreement shall continue to be in full force and effect except as provided herein. In the event that the union security provisions of this agreem ent. . . are adjudged to be unlawful by a court of competent jurisdiction or if the union and the employer jointly find that such union security provisions are invalid as a mat ter of law, either party to this agreement may elect to reopen the agreement for the purpose of negotiating a new union security provision. Provisions in 15 agreements were somewhat similar, allowing changes in union security if the law changed or the present provision was held invalid. These clauses, however, made the changes subject to negotiations, rather than occurring automatically. A considerable number of the clauses were found in building trades agreements: (37) Under another three agreements, a different form of union security automatically was to come into effect if the current provision were held invalid. Unlike the pre ceding clauses, these clauses usually provided for sub stitution of weaker forms of union security: Either party to this agreement shall have the right to re-open negotiations pertaining to the union secu rity by giving the other party 30 days written notice when there is reason to believe that the laws pertain ing thereto have been changed by Congressional amendments, court decisions, or Governmental regu lations or decisions. (53) Either party to this agreement shall have the right to re-open negotiations pertaining to union security when the Federal Laws applicable thereto have been changed, by giving the other party 30 days written notice. (54) If any provisions of law prevent the effectuation of any part of the union security clause, the parties will give consideration to making revisions herein to effect its general purpose and to conform with the appropri ate provisions of applicable law. The provisions often provided for negotiation of a new union security provision in the event the current form of union security were ruled invalid by a court of law, rather than by legislation: (55) In the event the union security provision of the agreement is held to be invalid, unenforceable or of no legal effect generally or with respect to any build ing because of interpretation or a change of federal or state statute, city ordinance or rule or decision of any government administrative body, agency or subdivi sion, the permissible union security clause under such statute, decision or regulation shall be enforceable as a substitute for the union security clause provided for herein. (59) The parties recognize that the union is required to represent all of the employees in the bargaining unit, whether or not they are members of the union, and that the benefits of this agreement accrue to all em ployees. Therefore where the provisions for a union shop under paragraph (a) may not be enforced because of the restrictions imposed by state law, the following shall be applicable, if permitted by state law: Employees who are not union members shall, as a condition of employment, beginning on the 30th day following the beginning of such employment or the effective date of this agreement, whichever is later, pay to the union each month a service charge as a contribution toward the administration of this agree ment and the representation of such employees. . . . Any provisions of the agreement adjudged to be un lawful by a court of competent jurisdiction shall be treated for all purposes as null and void, but all other provisions of the agreement shall continue to be in full force and effect except as provided herein. In the event that the union security provisions are invalid as a mat (58) 15 Savings clauses in 16 other agreements provided for invalidation of union security clauses if they were un lawful or inconsistent with the law, but did not provide for a substitute form of union security. The clauses gen erally were found in multiplant agreements requiring compulsory union membership in States where permit ted. The savings clause invalidated this requirement in plants located in right-to-work States: (60) Membership in the union on or after 30 calendar days following the beginning of employment, or the effective date of this agreement, whichever is later, shall be a condition of employment to the extent con sistent with law. (Because of state laws, this section does not apply to plants located at Superior, Nebraska; Okay, Arkansas; Houston, Texas; Devil’s Slide, Utah; Salt Lake City, Utah; Knoxville, Tennessee; Castle Hayne, North Carolina; and Tampa, Florida.) (61) The foregoing [union shop provision] shall apply to all plants except where prohibited by federal or state law. visions of this Article shall be automatically amended to embody the greater union security provisions con tained in the 1947— 1949 Central States Over-the-Road Motor Freight Agreement, or to apply or become ef fective in situations not now permitted by law. Employer pledge of nondiscrimination In the earlier days of the union movement, employers were almost universally hostile to union efforts to or ganize workers or negotiate contracts and used various tactics to prevent, delay, or weaken organizing attempts. Employers often discharged, disciplined, or demoted workers for union membership or activity and used various means to screen out prospective employees hav ing union sympathies. One weapon, the “yellow dog” contract, outlawed by the 1932 Norris-La Guardia Act, required workers to agree in writing not to join or sup port a union, under penalty of dismissal. Employers were subsequently barred from discriminating against union members in employment by the Wagner Act of 1935, and its successor, the LMRA. Reflecting the requirements of law, and perhaps the desire to gain goodwill and a good working relation ship or rapport with the union, many employers have included a pledge of nondiscrimination with regard to union membership or activity as part of the agreement. Of the 476 sample contracts examined, 281 (59 percent) covering nearly 1.8 million workers (70 percent), in cluded such pledges. In addition, the pledges often were included as part of broader pledges in keeping with equal opportunity laws, as well as labor legislation. The more thorough clauses extended the employer’s pledge of nondiscrimination to both employees and prospec tive employees, as well as to both membership and activity: Nearly all of the remaining 18 provisions established various combinations of the provisions previously dis cussed. Teamsters’ agreements in the trucking industry were particularly comprehensive and flexible. Depend ing on the legal circumstances, they allowed for modi fication of existing union security clauses, negotiation of replacement clauses, or automatic establishment of either stronger or weaker clauses: (62) (63) . . . In the event of any change in the law during the term of this agreement, the employer agrees that the union will be entitled to receive the maximum un ion security which may be lawfully permissible. No provision of this section shall apply in any State to the extent that it may be prohibited by State law. If, un der applicable State law additional requirements must be met before any such provision may become effec tive, such additional requirements shall first be met. If any provision of this section is invalid under the law of any State wherein this agreement is executed such provision shall be deemed modified to comply with the requirements of State law or shall be renegotiated for the purpose of adequate replacement. If such ne gotiations shall not result in a mutually satisfactory agreement, the union shall be permitted all legal or economic recourse. No provision of this article shall apply in any state to the extent that it may be prohibited by state law. If under applicable state law additional requirements must be met before any such provision may become effec tive, such additional requirements shall first be met. If any agency shop clause is permissible in any State where the other provisions of this article cannot ap ply, the agency clause shall prevail. . . . . . . The company will not discriminate in respect to hire, tenure of employment, or any terms or conditions of employment against any employee covered by this agreement because of membership in, or lawful activ ity on behalf of the union, nor will it discourage or attempt to discourage membership in the union, nor attempt to encourage membership in another union. (65) There shall be no discrimination against any em ployee or applicant for employment in any aspect of hiring or employment in any manner whatsoever be cause of union membership or activities or lack thereof, or on account of race, creed, color, sex, age or national origin. Wherever the masculine gender is used in this agreement, it is intended to mean and include in each instance the feminine gender in like manner for all purposes. Often the pledge made no specific reference to pro spective employees or new hires, but only to the mem bership and activity of those currently employed. The omissions may not be significant, or may be considered to strengthen management’s traditional right to hire workers of its own choosing: To the extent such amendments may become per missible under applicable Federal and State Law dur ing the life of this agreement as a result of legislative, administrative or judicial determination, all of the pro (64) 16 (66) The company will not attempt to intimidate or co erce any employee into refusing to join the union and will not discriminate against any employee because of his membership in the union or for legitimate union activity. Such activity, however, shall not interfere with the company’s operations; nor be conducted dur ing working hours (unless expressly provided for by this agreement). (67) The company agrees that there shall be no discrimi nation against any employee because of his lawful ac tivity on behalf of the union as a member, officer, or duly authorized representative. . . . employees become members, authorize checkoff, or pay back dues. Under Federal law, it is “an unfair labor practice for an employer . . . by discrimination in regard to hire or tenure of employment or any term or condition of em ployment to encourage or discourage membership in any labor organization.’’ Thus, the employer must avoid any appearance of coercion or partiality in carrying out terms of a harmony clause: (72) In order that each employee may be made familiar with the union security and other provisions of this agreement and his rights and responsibilities there under, the company will provide each employee with a copy of the union agreement and will suggest to each new employee at the time of his employment that he voluntarily sign the application card for membership in the union and execute an authorization for the check-off of union dues and initiation fees on the forms furnished by the union. (73) The company, at the time of hiring an employee to be covered by the labor agreement, will furnish such employee a copy of the agreement and, after inform ing him of his obligations to become a member as set forth in Section 4.B(3), Check-Off Authorization. At the same time, the company will suggest to such em ployee that he voluntarily sign and execute the appli cation for union membership and check-off authoriza tion. Any such application executed by an employee at the time of hire will be forwarded to the Financial Secretary of the local union. Prohibitions on employer coercion, restraint, and in terference, as well as discrimination, often appeared. These words are prominent in Federal labor law, cov ering workers’ right to organize or join labor organizations: (68) There shall be no discrimination, coercion, interfer ence or restraint by the employer against any employee because of membership in or activity on behalf of the union, and the provisions of this agreement shall apply without discrimination of any kind on account of race, national origin, sex, age, color or creed, and for any other reason prohibited by law. . . . (69) The employer agrees that it shall not discriminate against any agent because of membership or non-mem bership in any labor organization, or coerce any agent for joining the union. (60) The company shall not discriminate against any em ployee for union activities or for upholding union prin ciples, and union members shall be free from interfer ence, restraint or coercion by the company. Some clauses referred to nondiscrimination regard ing union membership, but not regarding activity. These clauses often were coupled with prohibitions or limita tions on union activities: (70) (71) There shall be no discrimination, coercion, interfer ence or restraint by the company or the union or by any of their agents against any employe because of membership or nonmembership in the union, and the union agrees there shall be no solicitation for member ship or promotional union activity on company time. Management cooperation in securing membership may be only a goodwill gesture where the parties have agreed to a union shop. However, this cooperation can be particularly valuable to the union in States that pro hibit compulsory membership. Workers are more will ing to join the union if they anticipate no company op position. Consequently, a few of the clauses, mostly in trucking, applied only in States where compulsory forms of union security were prohibited: (29) The employer shall continue its policy of not dis criminating against any employee or applicant for em ployment because of union membership. . . . Harmony clauses Harmony clauses, under which the employer agrees to cooperate with the union in securing new members or checkoff authorizations, also may be considered in struments of goodwill. Such clauses appeared in 39 sam ple agreements. Harmony clauses fell into two catego ries: (1) The employer provided time and space for the union to hold an orientation session with each new em ployee, to explain the union’s role, benefits of member ship or checkoff, union history, or other matters; and (2) management agreed to recommend or suggest that 17 In those instances where Section 3 hereof [union shop] may not be validly applied, the employer agrees to recommend to all employees that they become mem bers of the union and maintain such membership dur ing the life of this agreement, to refer new employees to the union representative and to recommend to de linquent members that they pay their dues since they are receiving the benefits of this agreement. The union orientation sessions sanctioned by the agreement varied in the degree of formality and in the time allowed. Some programs were subject to manage ment review. Occasionally, the union’s presentation was included in the company’s orientation program: (74) During our 1977 negotiations, the parties recognized the mutual desirability of establishing a coordinated program of orientation for new employees in the course of pre-employment processing. (75) Accordingly, during the term of this agreement, the headquarters of the international union will develop an appropriate educational program of not more than two hours duration designed for presentation by em ployees designated by the union in facilities provided by the company at its various locations. It is the intent that the local parties will coordinate the union orien tation sessions as to content and timing with the com pany orientation program at each location. All mate rials, papers, texts, visual aids, and other educational or informational aids for the union orientation program will be furnished by the union at its expense. When the program is developed, it will be reviewed by a joint industry-union committee. (77) The company agrees to provide a one-half hour pe riod for an appropriate union officer to orient and process into the union all new production and mainte nance employees on the date they are hired. (20) The union agrees that in accordance with its long established policy, it will not discriminate against any employee or group of employees in admission to its membership because of race, creed, color, sex, or na tional origin, and that it will represent all employees, including both union and non-union members, without discrimination on all matters relating to collective bar gaining. Nothing, however, shall compel the union to accept into its membership any individual, who under its By-Laws and Constitution is not entitled to be admitted. (78) The international union and the respective local un ions, parties hereto, together with the members of such local unions, agrees that they will not Some clauses pledged the union to admit to member ship without discrimination individuals protected by civil rights legislation. Occasionally, however, the un ion reserved the right to deny membership in keeping with its constitution and bylaws: Union pledge of nondiscrimination in membership A union may, within limits set by law and its consti tution, deny membership, or expel members, for a va riety of reasons in addition to nonpayment of dues or initiation fees. It may, for example, refuse to accept as members individuals outside its own bargaining unit or jurisdiction and may expel members for strike breaking, misuse of union funds, membership in another union, or other reasons. Under civil rights legislation, however, a union may not deny or terminate membership because of race, color, sex, or national origin. Under the LMRA, fur thermore, a union may not discriminate, or cause an employer to discriminate, against an employee for any reason except nonpayment of dues and initiation fees required as a condition of employment. The employer, in turn, may support no union discrimination against a nonmember if he has reason to believe membership was not available to the employee on the same general terms available to other union members or was denied or ter minated for reasons other than failure to pay dues and fees. Reflecting these legal requirements, 46 of the 476 sample agreements included a union pledge not to dis criminate against employees in securing or maintaining union membership. The language of these provisions varied widely. Some clauses adhered closely to the re quirements of the LMRA, pledging the union to make membership available to all applicants without discrimi nation and not to demand discharge of an employee for reasons other than failure to pay dues and fees. The provisions sometimes cited the act itself: (76) (1) exclude or expel from membership, or otherwise discriminate against, any individual because of his race, color, religion, age, sex or national origin; or (2) limit, segregate, or classify its membership, or classify or fail to refuse to refer for employment any individual, in any way which would deprive or tend to deprive any individual of employment opportuni ties, or would limit such employment opportunities or otherwise adversly affect his status as an employee or as an applicant for employment, because of such indi vidual’s race, color, religion, age, sex, or national ori gin; or (3) cause or attempt to cause the employer to dis criminate against any individual in violation of this section. The parties recognize that in complying with this Article they are subject to the specific provisions and exemptions of Title V II of the Civil Rights Act of 1964 or the Age Discrimination in Employment Act of 1967, as well as the specific statutes of the various states and pertinent Executive Orders issued by the President of the United States. At least one provision under an agency shop agree ment reserved the union’s right to deny or terminate an employee’s membership for lawful reasons other than nonpayment of dues and fees. The employee was, how ever, still required to pay a periodic service or agency fee: . . . The union agrees to accept and retain as mem bers all such employees without discrimination. The union agrees that it will not require the company to discharge any such employee for any reason other than failure of the employee to tender the standard dues and initiation fees uniformly required as a condition of acquiring or retaining membership in the union. . . . . . . All non-seniority persons shall make application for union membership, and the local union agrees not to unreasonably refuse such persons into membership in the local union. Such persons shall make application for and complete such union membership subject to the provisions of the Labor-Management Relations Act of 1947. (79) 18 Nothing herein shall be construed to limit the un ion’s lawful rights to determine and enforce regulations regarding acquisition of, and retention of, membership in the union. Any covered employee who is refused membership, or whose membership is involuntarily ter minated by action of the union body (other than for refusal to tender initiation fee and periodic dues) shall not be subject to discharge for employment but, rather, shall take on the status of a service fee employee. . . . Methods to resolve union security disputes Disputes over union membership status or other un ion security issues usually were handled through the regular grievance and arbitration procedures, except as prohibited or limited by law or by the agreement itself. Under a small number of agreements, union security issues were excluded from the dispute settlement procedures: (80) The Joint Conference Board and the Local Joint Conference Committees shall be empowered to: (a) Establish the general recognition and enforce ment of the terms and* conditions of this agreement. (b) Hear and adjust disputes upon the complaint of the union, local union, the employer or individual em ployer, involving the interpretation or enforcement, of this agreement, except disputes arising under Article VI [union membership]. . . . (45) No dispute, complaint or grievance concerning the interpretation, application, or compliance with any pro vision or provisions of 04.000 [union security] . . . is or are arbitrable under the provisions of this Section . . . of this agreement. Special procedures for settling union security disputes were established in 23 sample agreements. Some of these provided for expediting the dispute through the griev ance procedure, or submitting the issue directly to arbitration: (81) Any dispute arising as to the employe’s membership in the union shall be reviewed by a representative of management and the Chairman of the Shop Commit tee, and if not resolved, may be decided by the Impar tial Umpire. (64) Any dispute arising as to an employee’s membership in the union shall be processed as a grievance com mencing with step three of the grievance procedure, Article 30. (82) Neither the union nor any of its officers, agents or members shall intimidate or coerce employees about membership or non-membership in the union. If any dispute arises as to whether there has been any viola tion of this pledge (or whether an employee affected by this agreement has resigned from the union or has maintained his union membership in good standing), the dispute shall be submitted directly to arbitration for determination. Hiring practices Employers obtain new employees in a variety of ways, including recruiting at high schools and colleges, refer rals from public and private employment agencies, ad 19 vertising (both formal and word of mouth), and un solicited job applicants (walk-ins). In unionized companies and industries, the union often serves as another source of employees. Union or joint union-management hiring halls, as well as less formal union referral systems, are centralized and convenient means of matching job applicants with job opportuni ties, particularly in construction and other industries characterized by many small employers, relatively short-term and intermittent employment, and loose em ployee attachment to particular employers. The union’s specialized knowledge of the employers with which it negotiates usually allows it to provide qualified workers more efficently than other sources. Union or joint hiring halls or referral systems are often considered a type of union security. They may indeed be the nearest to the closed shop of any form of union security allowed by law, since the union may exercise a significant degree of job control in screening job applicants before referring them to the employer. Under the traditional hiring hall arrangement preva lent before the LMRA, the union generally was the ex clusive source of job applicants, who usually were re quired to be or become union members to use the un ion referral service. The LMRA made this arrangement illegal when it outlawed the closed shop and discrimi nation in hiring based on membership or nonmember ship in the union. However, the LMRA allowed hiring hall arrangements that did not discriminate against non union members. In 1959, the Landrum-Griffin Act amended the LM RA and to a great extent legalized the hiring hall system in the construction industry. Nothing in the law prohibited negotiation of an exclusive referral system, and the amendment specifically allowed negotiation of clauses setting up minimum standards of training and experience, qualifications, and preferential referrals based on previous length o f service w ith em ployers in the industry or area. Negotiations of the standards and preferential treat ment clauses, coupled with the control the union may exercise over apprentice programs, virtually ensure un ion control of job opportunities under many agreements. Particularly during periods of high industry unemploy ment, unions may refer only workers with considerable prior experience with area employers—workers who almost always are union members. Although Landrum-Griffin referred only to the build ing and construction industry, hiring halls and other union referral systems were found in multicompany agreements in other industries, and occasionally appear even in single-firm agreements. In the present study, 131 of the 476 agreements sampled, covering 672,500 of the 2,573,900 workers involved, established some form of union or joint referral arrangement (table 5). The provisions were closely associated with union shop which it maintains at its offices at 10 East 15th Street, New York, N.Y---- This provision is not to be deemed or interpreted to be a requirement for a closed shop as the hiring hall maintained by the union as aforesaid is available to both union and non-union applicants for jobs and the selection of applicants for referral to jobs is on a non-discriminatory basis and not based upon, or in any way affected by, union membership, ByLaws, regulations, constitutional provisions or any other aspect or obligation of union membership, poli cies or requirements. clauses, perhaps reflecting the pre-LMRA closed shop arrangements, and union bargaining power in industries with many small employers. Referral systems appeared in 28 percent of all sample agreements, and in 38 per cent of sample agreements with a union shop provision. As expected, hiring clauses were relatively rare in agreements negotiated for workers solely in right-towork States. These States had 15 percent of the sample agreements, and 6 percent of the workers, but accounted for only 5 percent of the hiring provisions, and 4 per cent of workers involved (table 6). Of the referral systems, 62 could be classed as hiring halls, either identified as such, or having various char acteristics, including physical facilities, control over the employee-selection process, lists of referrals, definite order of referral (usually including the preferential treat ments allowed by law), the employer’s right to reject or request specific employees, and other factors (text table 6). An additional six agreements established union hir ing halls, and made" no reference to nondiscrimination in referrals. This does not mean that the unions involved were engaged in illegal discrimination. Some negotia tors may have simply felt that legal restraints or re quirements are already matters of public record and need not be reiterated in the agreements. Other agree ments may have contained more general nondiscrimina tion clauses. Joint union-employer hiring halls were found in only six contracts. Five contained a pledge of nondiscrimina tion in referrals: Text table 6. Hiring practices, 1981-82 Practice Agree ments Workers (thousands) Total having practices......................................... 131 672.5 Hiring h a ll.................................................................... Union-not explicitly nondiscriminatory................. Union-explicitly nondiscriminatory........................ Joint-not explicitly nondiscriminatory.................. Joint-explicitly nondiscriminatory......................... Preferential hiring....................................................... Consideration to union............................................. 62 6 49 1 6 10 59 253.7 25.3 200.6 3.2 24.5 29.0 389.8 (85) Notwithstanding the fact that PMA’s contribution towards dispatch hall costs is by virtue of this agree ment greater than the contribution of the ILWU, nothing herein contained or otherwise shall in any way change or modify the basic principle and understand ing of the parties as expressed in this agreement that the dispatch halls shall continue in the future, as they have in the past, to be maintained and operated jointly and equally by the ILWU and the PMA. (86) Each company will apply to the Joint Employment Office for additional employees when same are needed. If the Joint Employment Office cannot supply an em ployee or employees satisfactory to the company within seventy-two hours, exclusive of Saturday, Sunday or holidays, the company may hire employees from what ever source available. The employer will instruct em ployees so hired to report to the union on the first Monday evening after the date of hire for the purpose of obtaining a temporary card. Although men shall be hired, when available, through the Joint Employment Office, neither the union nor the employer shall in such hiring give any preferential treatment as between un ion and non-union men seeking employment. Fifty-five hiring hall provisions called for operation solely by the union. O f these, 49 specifically stated the union would not discriminate in making referrals. This, of course, did not mean preference could not be given based on particular qualifications or experience: (83) Each local union shall establish and maintain an em ployment facility at which it shall establish and main tain an open and nondiscriminatory employment list for the use of applicants for employment in their geographical area serviced by that employment facili ty— The employment facility will furnish in accordance with the request of the contractor each such qualified and competent applicant from among those registered on said employment list to the contractor by use of a written identification slip stating information pertinent to the prospective employment, in the order of pref erence stated below. The selection of applicants for dispatchment to jobs shall be on a nondiscriminatory basis and shall not be based on, or in any way affected by union membership, by-laws, regulations, constitu tional provisions, or any other aspect or obligation of union membership, policies or requirements. . . . (84) Hiring hall provisions commonly required the em ployer to notify the union of job opportunities and al lowed it a limited time to dispatch workers. If the un ion failed to supply enough workers within the time limit, the employer could hire through other sources: (87) The union shall be notified by telephone of all re quirements for new help. The union agrees to furnish applicants, whenever possible, through its hiring hall, 20 When new employees are required, the employei shall give first consideration in hiring to the un employed area carpenters who reside in the countie: listed in the Preamble. Hiring will be on a non-dis criminatory basis. The employer shall have the righ to request or select journeymen carpenters from th unemployed whom they consider qualified and satis factory to perform the necessary work. In addition, all new employees, including those hired directly or from a nonunion source, may be required to obtain a work permit from the union (for a fee) be fore actually commencing work. Although many union referral services are free to applicants, some require workers to pay a registration fee to use the service: In the event the union fails to furnish men within 48 hours, the employer may secure employees from other sources. (63) The employer shall notify the union’s employment office (hereinafter referred to as the “employment of fice”), if, as and when it desires to hire a new employee. If a satisfactory applicant for employment shall not be referred by the employment office within 72 hours (ex clusive of Saturdays, Sundays and holidays) of the em ployer’s request thereof, the employer may seek to fill its job vacancy from any other source. . . . (89) In construction and other industries having relatively fluid movement of workers among employers, indi vidual workers often become known for the quality of their work. Reflecting this, as well as the occasional dispatching of workers with inappropriate skills, many of the agreements reserved to the employer the right to reject unwanted referrals.16 The employer often was also allowed to request workers by name, who would be referred, if available, regardless of their positions on the referral list: (57) The employer shall have the right to reject any ap plicant for employment. (88) An employer may call for a workman by name only: (1) If the workman is registered on the A List in the area in which he is to be employed, or (2) If the workman has worked previously for such employer in the San Francisco Bay Area or for such employer in some other area or some other employer member of the Council in the same in dustry whom the requesting employer may con sider particularly suitable for the job, and (3) In a union hiring hall, as in other situations in which workers must compete for jobs, disputes and complaints often arise. A worker, for example, may complain if he must go to the bottom of the referral list following a job lasting only a few days.17 Under some agreements, a joint grievance committee is set up to deal with such matters: (90) The parties to this agreement shall create a Joint Hiring Hall Committee composed of an equal number of contractors and union representatives to supervise and control the operation of the job referral system herein. . . . The Joint Hiring Hall Committee shall have the fol lowing power; A. To establish any and all rules and regulations from time to time that it deems advisable for the operation of the job referral plan. B. Properly post the rules and regulations together with the provisions of this agreement, as set out in A RTICLE II and III, in the Joint Hiring Hall, at the contractor’s office and at the jobsite. C. To hear and determine any and all disputes or grievances arising out of the operation of the job referral system, including, but not limited to, griev ances arising from claims by applicants that they have been improperly placed on, or refused place ment on, or denied dispatch from out-of-work reg istration lists, and claims by the union or appli cants for damages or other relief based on alleged violation of the hiring procedure. Any applicant or registrant shall have a right to refer any dis pute or grievance arising out of and relating to the operation or functioning of the job referral plan to the Joint Hiring Hall Committee. If the workman is available for work. For each workman dispatched, the hiring hall shall send to the employer, with the workman or by mail, a written referral slip. The employer shall have the right to reject any job applicant referred, provided that he shall in no way discriminate against persons because of local union membership or activities. (39) All applicants registering on the referral list or em ployed as a result of referral shall be charged a mini mum fee in the amount of $10.00 per month to defray the expenses and costs for the administration and op eration of this referral system. It is, however, recog nized that all applicants who are members of the un ion by payment of their dues contribute by such pay ment to the cost of the operation and administration of this system and therefore no registration fee shall be charged to any member of the union having paid his current dues. The employer shall make requests to the union for specific persons if such persons shall have previously worked for the employer for at least 60 days within the jurisdiction of the Keystone agreement and have been laid off for not more than 30 days, and the union shall be free to honor such requests if the specific per son or persons requested are available for employment, provided the locals herein mentioned have a record of such employees that may be requested by the employer of previous employment. The employer retains the right to reject any job applicant referred by the union. 17 The contracts occasionally contained “short-term job” clauses that allow a worker sent to a job lasting less than a specified time to re tain his or her position at the top of the list. 16Other terms of the agreement, however, may require an employer to pay the rejected applicant for “show-up” time, unless the worker is at fault; i.e., is intoxicated, does not have required handtools, etc. 21 D. To discipline any employee or applicant for em ployment who makes a deliberately false statement in his application for referral, who misrepresents his past experience or employment. date of hire and who during such two-year period worked as a mason tender in the building and con struction trades. . . . Whenever the Joint Hiring Hall Committee reaches a deadlock, the matter shall be submitted to an impartial arbitrator in accordance with the terms of this agreement. The authority of such arbitrator shall be limited to inter preting and applying the provisions of A R TIC LE II and III, and the rules and regulations of the Joint Hiring Hall Committee, and his decision shall be final and binding on all parties, including applicants. T h e rem aining provisions established union referral system s o n a som ew h at less d etailed and form al basis th a n th o se citing h irin g halls. T e n established p referen tial tre a tm e n t fo r union m em bers, o r as perm itted, for w o rk e rs w ith p rio r experience w ith em ployers in th e in d u stry o r area. T h e re g enerally w as n o requirem ent th a t th e union h av e exclusive referral rights: (91) The employer further agrees to give preference in employment over all other persons, to those individuals who had worked during the 5 years immediately pre ceding October 1, 1969 under the Retail Drug Agree ment of Southern California. This, however, does not obligate the employer to employ an unqualified, in competent or dishonest person. (93) Irf hiring, the employer shall give preference of em ployment to applicants who have been previously em ployed in the Automotive Industry. U n d er 59 agreem ents, th e em ployer w as required only to give consideration to th e union— usually equally w ith o th e r sources o f lab o r— w hen in need o f w orkers. S uch clauses obviously are w eaker th an clauses establishing th e union as th e exclusive source o f w orkers. In p ra c tice, o f course, em ployers m ay still find it m ore co n v e nient to hire th ro u g h th e union: The employer shall on 24 hours’ notice, advise the union when it needs employees, giving all of the per tinent data to the union with respect to the type of w ork so as to afford the union equal opportunity to recommend competent, qualified applicants for such vacancies, it being understood that the employer shall hire whomsoever he or it sees fit, and that the em ployer shall at all times be the sole judge as to the work to be performed and whether such work per formed by the employees is or is not satisfactory, pro vided that the employer shall give preference in hiring to mason tenders residing in the City of New York and Nassau County for a period of 2 years prior to the (92) 22 (94) When new or additional employees are required, the employer will notify the union of such requirements and the union may refer applicants for vacancies to be filled. The employer retains the right to reject any job applicant referred by the union but shall not discrimi nate against such applicant. (95) When the employer needs additional men he shall give the local union equal opportunity with all other sources to provide suitable applicants, but the employer shall not be required to hire those referred by the lo cal union. Violations of this Subsection shall be sub ject to the grievance committee. Chapter 3. Dues Checkoff Provisions C h eck o ff is a com m on p ractice in organized estab lishm ents and som etim es is n o t d ep en d en t upon th e ex istence o f a form al union secu rity clause. U nion dues are a fee paid periodically, usually m onthly, by m em bers o f a union, typically as a condition o f continued union m em bership. Besides dues, ch eck o ff arrangem ents also m ay p ro v id e for d ed u ctio n of: (1) A n initiation fee required w h en a w o rk e r jo in s a union, usually as set fo rth in th e union’s constitution; (2) a reinstatem ent fee levied on a w o rk e r w h o has rejoined th e union; and (3) a special assessm ent levied by a union on its m em bers to m eet financial needs n o t co v ered b y reg u lar dues. T o th e union, a ch e c k o ff arran g em en t elim inates the need to solicit individual m em bers each m o n th and in sures financial stability. T o th e em ployer w h o agrees to such an arrangem ent, c h eck o ff elim inates on-the-job interru p tio n s caused b y dues collection and, w h ere a union shop prevails, safeguards o perations against the discharge problem s th a t w o u ld arise th ro u g h dues delinquency. U n d er th e L M R A , dues c h eck o ff is perm issible only by w ritten auth o rizatio n o r assignm ent b y an em ployee, w ith th e auth o rizatio n n o t being irrev o cab le for m ore th an 1 y ear o r b eyond th e term ination d ate o f th e labor agreem ent, w h ich ev er com es first. U n d er th e act, m an d ato ry dues c h eck o ff is illegal p e r se and is an unfair labor p ractice for b o th th e union and th e em ployer. Prevalence O f th e 1,327 m ajo r co llectiv e bargaining agreem ents exam ined, 1,138 (86 p ercent), co v erin g 5.2 million w orkers, co ntained c h eck o ff provisions (table 7). O f these, 368 (32 p ercen t) p ro v id ed for dues ch eck o ff only, 25 (2 p ercen t) stipulated p aym ent for dues and assess m ents, 457 (40 p ercen t) p ro v id ed for dues and initiation fees, and 211 (19 p ercen t) allow ed deductions fo r dues, assessm ents, and initiation fees. Seventy-seven addi tional agreem ents p ro v id ed o th e r com binations o f ch eck o ff item s (often including political contributions com bined w ith dues and o th e r contributions), m ade ch eck o ff subject to local negotiations, o r p ro v id ed no detail. O f 621 m anufacturing agreem ents, 594 (96 percent), cov erin g 2.5 m illion w ork ers, contained dues ch eckoff provisions. In nonm anufacturing, 544 (77 percent) agreem ents h ad dues ch e c k o ff provisions applying to 2.7 m illion w orkers. W ithin nonm anufacturing, the in 23 cidence o f ch eck o ff provisions w as very high in all in dustries, except construction. P erhaps this is because co n stru ctio n w o rkers are norm ally em ployed by sev eral em ployers at different jo b sites in the course o f a year, and it m ay n o t be feasible in m any instances to institute a ch eck o ff arrangem ent. A lth o u g h the p ro p o rtio n o f ch eck o ff clauses varied slightly betw een agreem ents w ith union security p ro visions and those w ithout, w o rk er co v erage varied sig nificantly (table 8). C h eck o ff arrangem ents w ere found in 87 p ercen t o f agreem ents w ith union security p ro v i sions, co vering 87 percen t o f w orkers, and in 82 p er cen t o f agreem ents providing for sole bargaining, ap plying to 76 p ercen t o f w orkers. T h e distribution o f ch eck o ff clauses also varied by type o f union security. E ig h ty -th ree percen t o f union shop agreem ents stipu lated checkoffs, w hile 98 percen t o f m aintenance o f m em bership and 95 p ercen t o f agency shop agreem ents p ro v id ed for such arrangem ents. C h eck o ff arrangem ents w ere m ost prevalent in agree m ents negotiated in th e N ew E ngland (97 percent), E ast S outh C entral (93 percent), and E ast N o rth C entral (92 percen t) regions (table 9). In contrast, the incidence o f ch eck o ff provisions w as th e low est in the M ountain (68 percent), Pacific (68 percent), and W est N o rth C entral regions (75 percent). S tate bans on union security clauses ap p arently have led to th e negotiation o f dues checkoff provisions. T hus, 92 percen t o f w orkers under agree m ents in w h ich all em ployees w ere cov ered in States w ith righ t-to -w o rk law s had such clauses, against 82 p ercen t u n der agreem ents in States w ith o u t such law s (table 10). Dues collection O f th e 476 sam ple agreem ents, 346 (73 percent) re ferred to ch eck o ff by th e com pany. U nder dues check off, th e union usually had to subm it authorizations signed by em ployees allow ing th e em ployer to deduct union dues, as w ell as an item ized statem ent o f the am ount and obligations to be deducted, and had to specify the intervals at w hich deductions w ere to be m ade. G enerally, th ere also w as a statem ent th at the dues had to be rem itted p ro m p tly to the union o r w ithin a specified tim e period: (8) At the time of the initiation or reinstatement of a new employee, the union shall obtain and submit to the employer a written authorization by the employee authorizing the employer to deduct union dues. The employer agrees to deduct union membership dues (a fixed sum which shall consist of periodically fixed dues inclusive of any assessments) once monthly from the first weekly paycheck of each employee in the bar gaining unit. Such sums so deducted shall be kept sepa rate and apart from the general funds of the employer for the benefit of the union. The sums so deducted shall be transmitted to the union no later than by the 15th day of the month for which they are withheld, such sums shall be transmitted together with an item ized list of all employees in the bargaining unit. (96) . . . The local union shall certify to the employer in writing each month a list of its members working for the employer who have furnished to the employer the required authorization, together with an itemized state ment of dues, initiation fees (full or installment), or uniform assessments owed and to be deducted for such month from the pay of such member, and the employer shall deduct such amount from the first paycheck fol lowing receipt of statement of certification of the mem ber and remit to the local union in one lump sum. . . . Checkoff shall be on a monthly or quarterly basis at the option of the union. (29) The employer agrees to deduct from the pay of all employees covered by this agreement the dues,vinitiation fees and or uniform assessments of the union and agrees to remit to said union all such deductions prior to the end of the month for which the deduction is made. Where laws require written authorization by the employee, the same is to be furnished in the form required. Check-Off of Dues form, or may pay the same directly to the union. (99) (100) The company will notify each employee who enters or reenters the bargaining unit of his obligation to pay membership dues as a condition of employment in ac cordance with this section and will issue to the em ployee the following two cards: A. Dues Deduction-Authorization and Assignment. B. Election to Pay Directly to the Union. The company, upon written authorization of the em ployee, shall deduct union dues for the current month and any unpaid dues, and promptly remit same to the appropriate office of the respective local union. The company shall provide printed forms for the authori zation of union dues deductions. The monies deducted pursuant to authorization for union dues and initiation fees will be deducted from the first week’s pay of each month and remitted to the Treasurer of the union within 10 days following the week ending in which such de ductions were made. . . . The local union will furnish the employer with the names of all members paying dues direct to suchilocal union within 30 days following the effective date of this union shop agreement at said plant. Union activity on company time or premises C arry in g o u t union responsibilities under collective bargaining requires a g reat deal o f tim e and effort. U n ion activities during w orking hours o r on com pany tim e o r prem ises m ay represent a substantial expense to the em ployer. It is n o t surprising th at m anagem ent m ight im pose various lim itations. N ineteen sam ple agreem ents (4 percen t) specifically allow ed for soliciting m em ber ship o r collecting dues on com pany tim e o r prem ises (text table 7).18 In several o f the clauses, m anagem ent If th e re w ere no c h eck o ff system , em ployees h ad no choice except to p ay dues d irectly to th e union. O nly five agreem ents called for such d ire c t p aym ent o f dues to th e union. Som e agreem ents allo w ed union re p re sentatives to solicit dues on th e co m pany prem ises, usu ally w ith a pro v iso th a t this activ ity n o t in te rru p t w ork. O th e r provisions requ ired em ployees to m ake w h atev er arrang em en ts necessary to pay union dues in a tim ely fashion: Text table 7. Union activity provisions, 1981-82 Provision (97) The employer shall not collect dues or initiation fees for the union and shall not in any way act as agent of the union. The duly authorized business agent shall be permitted to visit the job, with the least interference to the work. Total having provisions....................................... Union can solicit membership on company time or prem ises.............................................................. Union can collect dues on company time or prem ises................................................................... Union can solicit membership and collect dues on company time or prem ises............................. Union cannot solicit membership on company time or prem ises.................................................... Union cannot collect dues on company time or prem ises.................................................................. Union cannot solicit membership or collect dues on company time or prem ises............................. O th er............................................................................ E v e n if th e re w ere a dues co llectio n arrangem ent, em ployees som etim es had th e optio n o f paying d irectly to th e union o r h aving th e m oney d ed u cted from th eir pay. P rovisions perm itting such cho ice app eared in 12 co llectiv e bargaining agreem ents. T h e clauses w ere scattered am ong various industries, m ainly in co n tracts n eg otiated by th e M achinists (IA M ), A u to W orkers (U A W ), R u b b er W o rk ers (U R W ), E lectrical W orkers (IB E W ), and C arp en ters (C JA ): (98) Workers (thousands) 81 911.4 2 8.2 15 168.5 2 3.5 26 83.1 2 4.1 27 7 597.3 46.5 18 Seven additional clauses provided for undefined union activity, which presumably would include soliciting members or collecting dues. Employees in U.S. plants may tender initiation fees and membership dues by signing the Authorization for Agree ments 24 tivities in such manner as to interfere with the efficient operation of the plant. placed restrictions on these activities durin g regular w o rk in g h o u rs on com p an y tim e, presum ably to p re v en t interferen ce w ith p ro d u c tio n o r th e p ro p e r o p era tions o f th e w o rk schedule. C o lle c tin g d u e s on c o m p a n y tim e o r p re m ise s . E m ployers in 15 sam ple agreem ents pro v id ed facilities o r tim e to authorized union officials for th e purpose o f collecting dues. A s w ith soliciting m em bers, th ere often w ere rules th a t had to be observed w hile collecting dues, such as n o t interfering w ith th e w o rk schedule and providing notification to m anagem ent o f th e intended activity: Soliciting membership on company time or premises. C o n tra c t language allow ing union activities on co m pany p ro p e rty o r tim e fo r th e purp o se o f soliciting m em bership w as found in only tw o sam ple agreem ents. P erh ap s only a few em ployers believed th a t it w ould co st less in th e long ru n if tim e o r com pany prem ises w ere p ro v id ed to th e union fo r such activities: (79) (77) The company agrees to admit to its plant at all rea sonable times the authorized representative of the lo cal union for the purpose of collecting dues, observing the application of this agreement and adjusting griev ances. These activities are to be discharged in a man ner that will avoid unnecessary loss of time or disrup tion of working schedules. The local union representa tive shall advise the company of such visits by notify ing the plant office before or at the time of entering the plant. (102) The company agrees to provide a place in the plant where the representative of the union may collect dues, also a bulletin board on which the union may post no tices of general interest or notices of union meetings. Neither the union nor its members shall carry on union activities on the company time, nor shall such activities occur on company premises except as set forth in the following sub-sections: (1) (2) Union members who are also employees may solicit members, distribute union literature and carry on similar union organization work outside of working periods in space where no company operations or administrative work is being performed. Any such solicitation and organization work shall be limited to small groups of employees (not to exceed eight) and shall not be carried on for any considerably continuous period and shall not interfere with the operations of the company or the use of the space by other employees for the purposes for which the space is intended. In contrast, 29 sam ple agreem ents banned union of ficials from collecting dues on com pany tim e o r prem ises. U nless all dues w ere paid by a checkoff, union of ficials th en presum ably either stationed them selves off com pany prem ises and tried to collect dues from w o rk ers as th ey w ere going to o r com ing from w ork, had union m em bers go to the union office to pay their dues, o r co llected dues th ro u g h the mail: If a certified union representative is a company em ployee on leave, or is a former employee, he may exer cise the rights to engage in union activities on company property outlined . . . above. (75) Any official of the union not an employee of the employer shall be permitted to enter the employer’s plant area during regular working hours. On arrival, he shall immediately notify the employer’s Plant Man ager, Production Superintendent, or Assistant Produc tion Superintendent on duty of his presence. It is un derstood that such union representative shall not col lect dues or interfere with employees on duty in the performance of their work, and if he desires to talk with the employees on duty, he shall receive permis sion from the employee’s supervisor or other author ized employer representative. (104) . . . The union agrees that no official or member of Carpenters Local 1098, AFL-CIO, shall engage in col lection of money for any reason whatsoever on any jobsite, except as may be authorized by the employer, and further, that any workmen found engaged in un authorized collection at a jobsite shall be subject to immediate dismissal without recourse to the grievance procedure. The company agrees to provide a one-half hour pe riod for an appropriate union officer to orient and process into the union all new production and mainte nance employees on the date they are hired. In 26 agreem ents, union officials specifically w ere not allow ed to solicit m em bership d u rin g th e reg u lar w o rk ing ho u rs o r on com p an y tim e. H o w ev er, som e em ployers m ay h av e allo w ed th e unions to use th e p rem ises b efore o r after w o rk in g hou rs to solicit m em bers: (17) The union agrees that neither its officers nor its members, nor persons employed directly or indirectly by the union, will intimidate or coerce employees; nor will it solicit members on company time. (73) The union agrees that it will not solicit membership or distribute union literature on company time and that it will not encourage or make a practice of distribut ing union literature on company property. (101) (103) S o lic itin g m e m b e rsh ip a n d co llec tin g d u e s on co m p a n y tim e o r p re m ise s . O nly tw o sam ple agreem ents allow ed for b o th soliciting m em bership and collecting dues on com pany tim e o r prem ises. O ne agreem ent stipulated th a t these activities m ay take place but not on com pany tim e, w hile the o th e r allow ed for the soliciting o f m em The union agrees further that it will not solicit un ion membership or carry on other union activities in the plant on company time, or carry on any such ac 25 providing data on ch eck o ff term s, 370 (99 percent), co v erin g 2.1 m illion w orkers, required volu n tary ch eck offs. U n d er this arrangem ent, th e em ployer agreed to d ed u ct dues only if an em ployee signed a w ritte n au thorization, w h ich also established the term s for paying union dues: bers, as w ell as collectin g dues, on com p an y p ro p erty b u t did n o t specify th a t it co u ld n o t take place on co m pany time: (32) (105) The company agrees to provide a place in the plant where a representative of the union may collect dues or conduct union business, provided however, that the union shall not use the office to solicit or sign any new employee or rehired employee before the employee has been put to work, either to join the union or to authorize a check-off of union dues, and also a bulle tin board on which the union may post notices of gen eral interest or notices of union meetings. . . . (64) For such employees of the company who shall cer tify in writing, on a form mutually acceptable to the company and the union, that they authorize such de ductions, the company shall deduct the service charge referred to in Section 2 above or the regular union initiation fees in such amounts and at such time or times and on such terms as shall be specified in the authori zation. The amounts so deducted shall be remitted promptly to the duly designated officer of the union, Local 670 in the same manner as herein provided for with respect to the collection of dues. (2) The employer shall deduct from the pay of every worker upon his written authorization, all union dues, initiation fees and assessments which shall immediately become the property of the union, and shall pay the same to the union within 3 days after such deduction. (61) The employer will honor individual authorizations for dues and initiation fee deduction, voluntarily exe cuted by the employees, provided the same conforms to applicable law. . . . All sums deducted shall be re mitted to the Secretary-Treasurer of the International Union not later than the 15th day of the calendar month in which such deductions are made. . . . (106) The company agrees during the life of this agree ment to make deductions of monthly dues and initia tion fees as designated by the Financial Secretary of the union for each employee who signs a “Union Ini tiation Fee and Monthly Dues Deduction” form. . . . The union may, through employees regularly em ployed by the company, solicit employees for mem bership in the union and receive union dues from em ployees on company premises (but not on company time) provided such activity is carried on in a manner which does not interfere with the orderly conduct of the company’s business. T w e n ty seven sam ple agreem ents stipulated th a t the union co u ld n o t solicit m em bership o r co llect dues ei th e r o n co m p an y tim e o r prem ises. A lth o u g h several o f these clauses p laced lim itations on soliciting o f m em bership o r collectin g dues d u rin g th e reg u lar w o rking hours, th ey did n o t specifically b an th e use o f co m pany prem ises eith er b efore o r after reg u lar w o rk in g hours. Som e provisions stipulated th a t th e union cou ld n either solicit m em bers n o r co llect dues on co m pany prem ises: (26) (32) The union, its agents or any of its members shall not solicit employees for union membership, collect dues or engage in other union activities on company time. However, nothing herein is intended to restrict normal conversation between employees that does not inter fere with the efficient performance of work. The union agrees that neither the union nor its mem bers will intimidate or coerce any employee in respect to his right to work or in respect to union activity or membership and further agrees that there shall be no solicitation of employees for union memberships, dues, fines or assessments on company time. (69) The union agrees that neither the union nor its mem bers shall, in the employer’s offices, solicit for union membership, or collect dues, distribute union material, circulars, or literature of any kind, or conduct other union business or activities in said offices. (22) Neither the union nor any local, nor any Steward, Officer, or other agent or representative of either, shall intimidate or coerce any employee, nor solicit mem bers or funds in the plant during working hours. O nly tw o sam ple agreem ents stipulated an autom atic ch eck o ff w h ere th e em ployer agreed to ded u ct dues from th e em ployees’ w ages and to rem it the dues to the union, alth o u g h th e co n tracts did not specifically call for a w ritten authorization. Because it is illegal for an em ployer to d ed u ct dues w ith o u t w ritten authorization, it is probable th at em ployees cov ered by these tw o agreem ents signed dues authorizations: (107) Checkoff terms Payments on every hour of operating engineer’s time worked shall be made payable to the North Florida Operating Engineers Escrow Account Post Office Box 2333, Jacksonville, Florida 32203. G enerally, th e re are certain conditions th at dictate w h a t action should be taken fo r a dues ch eck o ff a r rangem ent. In this study, th e re w ere tw o types o f ch eck o ff provisions found in th e lab o r co n tracts. O ne type p ro v id ed fo r a v o lu n tary checkoff; th e o th er, for an “au to m atic” checkoff. O f th e 372 sam ple agreem ents Contractors signatory to this agreement hereby agree to pay a working assessment at the rate provided in ARTICLE XXII, WAGES, of this agreement. Effective May 1, 1980 each employee covered by this Agreement shall be paid as follows: 26 May 1, 1980 May 1, 1981 BASIC TAXABLE W AGE.......... less WORKING ASSESSMENT.. less SAVINGS.............................. $11.08 .20 .25 $12.18 .20 .25 NET HOURLY W AGE............... APPEN. FUND CONTRIBU TION .......................................... H&W CONTRIBUTION.............. PENSION CONTRIBUTION. . . . WORKING ASSESSMENT........ SAVINGS.................................... 10.63 11.73 .06 .55 .50 .20 .25 .06 .55 .50 .20 .25 Total Hourly R ate......................... 12.16 agreem ents), particu larly in tran sp o rtatio n equipm ent (63), electrical m achinery (43), nonelectrical m achinery (34), and food and kindred p ro d u cts (34). W ithin th e nonm anufacturing sector, these provisions appeared m ostly in retail trad e (43) and constru ctio n (27). Dues checkoff only. O f th e 1,138 c o n tra c ts having ch eck o ff provisions 368 (32 p ercent), c o v erin g 1.5 m il lion w o rk ers, p ro v id e d fo r dues c h eck o ff only (table 7). T hese provisions w e re m ost co m m on in th e nonm anu facturin g se c to r (252 agreem ents), p articu larly in c o n stru ctio n (133), com m unications (53), an d utilities (36). In co n trast, these clauses ap p eared in o n ly 116 ag ree m ents in m anufacturing, co v e rin g 285,700 w orkers. D ues-only provisions in th e m anufacturing secto r w ere m ost co m m o n in th e electrical m ach in ery (21), chem i cals (17), an d p ap er p ro d u c ts industries (13). It w as pos sible th a t “ dues” in som e o f th ese agreem ents included o th e r assessm ents: (70) The company will deduct regular union dues from the wages of such employes as individually have here tofore certified or hereafter certify to the company in writing that they authorize such union dues deductions. (108) To assist its employees in their obligation to main tain their payment of regular, current, weekly dues, the company will honor from each employee who is a member o f the union, a voluntary, revocable assign ment authorizing the company, during the life of this agreement, to deduct the regular union dues. (5) Upon receipt of a signed authorization of the em ployee involved, in the form set forth in Section 4.1, the company shall deduct from the employee’s pay check the union initiation fee and the dues payable by him to the union and, at the opinion of a local union, the dues payable by him to the local union during the period provided for in said authorization. The amount of the union initiation fee will not be unreasonable. (78) The employer, upon proper notification from the union and receipt of signed authorization from the em ployee, will deduct the stipulated amount of the initia tion fee plus the amount of dues as authorized. . . . Dues and assessments. O nly 25 (12 percen t) agreem ents allo w ed deductions o f dues and assessm ents under a c h eck o ff arrangem ent. Since unions m ay levy assess m ents o n union m em bers outside th e fram ew ork o f th eir co llectiv e bargaining agreem ents, th e paym ent o f as sessm ents b y union m em bers undoubtedly is un d er stated. A lth o u g h these clauses w ere n o t predom inant in any industry, th ey w ere m ost com m only found in th e co n stru ctio n and printing and publishing industries: The employer shall deduct and withhold from the wages due, all employees covered by this agreement, union dues of 2 1/4 percent o f hourly wages for each hour worked. (110) Upon receipt of a written assignment and authori zation signed by a regular employee, on an appropri ate legally acceptable form furnished by the union, the employer agrees to deduct monthly from the first check of such employeee in such calendar month and pay to the union his regular monthly dues and/or uniform assessments. (111) Each individual employer shall deduct from the em ployees’ wages the dues and general uniform assess ments based upon written authorizations regarding same. (112) Upon an employee’s voluntary written request, The Times shall deduct all membership dues and assess ments lawfully and uniformly levied by the Guild from the pay of such employee, as directed by the employee. Dues, assessments, and initiation fees. O f 1,138 agree m ents w ith ch eck o ff arrangem ents, 211 (19 percent) p ro v id ed fo r ded u ctio n o f dues, assessments, and initia tion fees. In clu d ed w ere 129 agreem ents in m anufac turing, co v erin g 527,700 w orkers. W ithin th e m anufac tu rin g sector, these clauses w ere m ost p rev alen t in p ri m ary m etals (36), apparel (17), n o n electrical m achinery (16), and food and kindred p ro d u cts (16). In nonm anu- Dues and initiation fees. O f th e v arious typ es o f dues c h eck o ff provisions, dues and initiation fees w ere m ost com m only d ed u cted (457 agreem ents). T h e larg e p ro p o rtio n o f c h e c k o ff fo r dues and initiation fees (40 p er cen t) m ay, in p art, resu lt from th e w o rd in g o f th e L M R A w h ich speaks o f “p erio d ic dues and . . . initiation fees.” T hese clauses w e re found m ostly in m anufacturing (304 The company will deduct from their wages and turn over to the proper officers of Local 228 the current dues and initiation fees from all employees in the bar gaining unit, who have certified in writing that they authorize such deduction. . . . 13.29 O th e r union financial obligations, such as initiation fees, assessm ents, o r reinstatem ent fees, a re also often w ith h eld from em ployees’ w ages and tran sm itted to th e union. In som e cases, m anagem ent m ay also w ith h o ld v o lu n tary contributions, such as th o se fo r political o r ideological activities. (109) (40) 27 factoring, dues, assessm ents, and initiation fees clauses w ere found in 82 agreem ents, applying to 386,100 w orkers. W ithin nonm anufacturing, these provisions w ere m ost com m only found in th e tran sp o rtatio n (31), retail tra d e (14), and co n stru ctio n industries (13): (4) The company agrees to deduct, as to those employ ees who authorize it in writing, initiation fees, regular monthly dues and any assessments authorized by the union in accordance with its By-Laws from the sec ond pay day each month of such employees and shall remit the money so deducted to the Financial Secre tary of the union not later than the first of the follow ing month. This shall not apply to fines for non-atten dance at meetings or other penalties. (60) The company will withhold dues, initiation fees, and assessments upon presentation of an authorization printed on a form furnished by the union and signed by the employee; such authorization to conform with State and Federal laws. (113) (115) O nly nine sam ple agreem ents, co v erin g 39,350 em ployees, specifically p rohibited th e collection o f certain types o f union dues. M ost o f these agreem ents restricted th e collection o f political contributions, back dues, strike assessments, o r deductions prohibited b y law . T hese clauses basically stood for th e proposition th a t dues should be set only to offset th e union’s co st in discharging its statu to ry duties as th e exclusive bargaining agent for a p articu lar bargaining unit:19 E x c lu sio n o f certa in ty p es o f d edu ction s. The employer further agrees that when authoriza tion cards signed by its employees providing for de duction of dues, assessments and initiation fees are pre sented to the employer by the union, the employer shall deduct from the salaries of its employees any dues, assessments or initiation fees that may be owing by the employees to the union, and turn such deductions over to duly authorized representatives of the union. S eventy-seven agree m ents (7 percen t), co v erin g 946,400 w o rk ers, called for o th e r d ed u ctio n arrangem ents. O f th e 77, 27 p ro v id ed fo r th e ch e c k o ff o f dues, initiation fees, and reinstate m ent fees. R einstatem ent fees applied to w o rk ers w h o rejoin ed th e union after term inating th e ir m em bership. T h ese clauses w e re m ost com m only found in th e tran s p o rtatio n equipm ent industry. Sixteen co n tra c ts stipu lated th e d ed u ctio n o f dues, initiation fees, assessments, and o th e r contributions, th e la tte r usually fo r political activities. T h ese provisions w e re m ost p rev alen t in tran sp o rta tio n agreem ents. C heckoffs fo r political c o n tributions, along w ith o th e r paym ents, w e re pro m inent in th e rem aining 34 agreem ents: (95) The employer will recognize authorization for de ductions from wages, if in compliance with state law, to be transmitted to the local union or to such other organizations as the union may request if mutually agreed to, except D R IV E deductions which shall be made annually. No such authorization shall be recog nized if in violation of state or federal law. No deduc tion shall be made which is prohibited by applicable law. (116) Employers bound by this agreement agree to deduct the appropriate amount (as specified in Article IV, Schedule A) for all employees covered by this agree ment who have submitted a signed employee assess ment deduction authorization as hereinafter set forth (not including initiation fees, fines or special assess ments), while said employee assessment* deduction au thorization is in effect and has not been duly revoked. (17) The term “dues,” as used herein, will include only that regular payment required equally of all members, which has been certified in writing to the company by a duly authorized official of Local 647, as the amount designated as membership dues pursuant to the Con stitution of the International Union, United Auto mobile, Aerospace and Agricultural Implement Workers of America and the Constitution and by-laws of Local 647. Excluded specifically from any authori zation of deductions are fines, penalties, contributions, assessments, or similar types of payments. (117) The company agrees to deduct from the first paycheck each month of each employee who is a member of the union, dues, initiation fees and/or uniform as sessments of the union and agrees to remit to the un ion all of such deductions on or before the 20th day of each month, provided the employees have filed proper written authorization for such a check-off. No deduction shall be made which is prohibited by appli cable law. O th e r d ed u ctio n a rra n g e m e n ts. (64) (114) The company agrees to deduct the union initiation. fee, reinstatement fee, and regular monthly member ship dues as shall be uniformly levied by the member ship o f Republic Lodge 1987 and/or the International Union from the earnings of an employee. (A) Each member of the association shall deduct un ion dues (which includes initiation fees and assessments) from the pay of its employees, upon notice from the union, subject, however, to the requirements of law concerning written authorization by the individual em ployees. . . . (B) A t the request of the union, each member of the association shall deduct from the pay of each employee giving written authorization and direction therefor, po litical contributions to the I.L.G.W.U. Campaign Com mittee and AFL-CIO COPE. . . . The company agrees during the life of this agree ment to deduct on the first payday of each month from the net earnings of employees who have duly author ized such deduction on the appropriate form, a contri bution to the International Brotherhood of Electrical Workers, AFL-CIO Committee on Political Education. 19 Although there is no specific language in LMRA that restricts a union’s use of dues obtained under a union security clause, there have been recurring debates and numerous court cases on the use of dues for purposes and activities other than collective bargaining. 28 (119) C h e c k o ff p ro visio n s b y ty p e o f union se c u rity . O f all m a jo r types o f union security allow ed by th e L M R A , the union shop had th e lo w est incidence (83 p ercent) o f dues ch e c k o ff arran g em en ts (table 8). T his stems, in part, from th e fact th a t a high p ro p o rtio n o f c o n stru c tion agreem ents h ad a union shop provision, b u t c o n structio n agreem ents often did n o t p ro v id e for dues checkoff. It is also possible th a t som e union shop p ro visions w ere ag reed to in exchange fo r n o t h aving dues ch eck ed off. Sole bargaining arrangem ents also had a lo w er p rev alen ce o f ch e c k o ff arrangem ents (only 81 percent). H o w ev er, th e distribution o f c h eck o ff clauses varied by ty p e o f union security. A lm ost h a lf o f th e c h eck o ff arrangem ents u n d er th e union shop agreem ents called for collectio n o f dues and initiation fees only. A g ency shop and m odified agency shop arrangem ents co m m only p ro v id ed for c h eck o ff o f dues only; m aintenance o f m em bership and union shop, for dues and initiation fees; and sole bargaining, fo r eith er dues only o r dues and initiation fees. E lev en o th e r agreem ents stipulated a percen t o f pay o r a p o rtio n o f pay th at w ould be ded u cted as union dues. M ost o f these clauses w ere found in construction agreem ents: (39) It is hereby agreed by both parties that the employer will deduct three percent of the employee’s gross wages, or such amount as may hereafter be authorized by union action or by action of the Laborers’ District Council of Western Pennsylvania in the manner pro vided in Article XXI, Consolidated Report and Check. (120) Each undersigned employer shall deduct from the gross wages of its employees who so authorize by writ ten assignment or signed “check-off authorization” filed with the Association: Checkoff amounts U nion dues are usually determ ined at union c o n v en tions, and th eir am ounts and collectio n are g o verned b y th e union’s constitution and bylaw s. O n th e o th er hand, term s and conditions o f em ploym ent are set in collectiv e b argaining agreem ents. C ollectiv e bargaining agreem ents usually extend for 2 o r 3 years—o r even lo nger—and th e ir expiration does n o t necessarily coin cide w ith a u nion’s convention. T hus, a union m ay find it inconvenient to set fixed dues in th e collective b ar gaining agreem ent. R eflecting this, only 110 (23 p e r cent) sam ple agreem ents, co v erin g 843,150 w o rk ers (33 p ercen t) contained c o n tra c t language addressing o r set ting th e am o u n t o f th e dues. M ost o f th e clauses setting fixed dues expressed th e dues c h eck o ff in dollars o r cents, in percen t, o r as an am ount v o ted o r levied by th e union.20 O f th e 110 agreem ents, 46 (co v erin g 596,200 w orkers) specified d eductions in dollars o r cents. T hese p ro v i sions w ere found in b o th m anufacturing and nonm anu facturing sectors and w ere scattered am ong various in dustries w ith no discernible pattern: (118) A sum equal to two percent of said gross wages on ac count of dues payable by the employer to Locals 1814 or 1804-1; and a sum to one percent of straight time hourly rate for each hour worked on account of dues payable to the International Office of the ILA. . . . Six additional provisions, several extensively detailed, called for deductions in dollars o r cents o r as a portion o f pay. A gain, these clauses w ere scattered am ong various unions and industries, w ith no discernible pattern: (121) Deduction of monthly dues in each local will be made either from wages payable in installments for each week in the fiscal month or in four installments from wages payable for the first four fiscal weeks in each fiscal month (48 weeks per year). The minimum dues shall be two hours’ pay per month based on the employee’s standard hourly rate and for part-time employees the standard weekly work schedule. . . . The employer agrees to deduct from the wages of each employee covered by this agreement working under any of the classifications as set forth in Article IX, Section 3 (a) herein and territorial jurisdiction of Local 14, and to pay to said Local 14 after proper exe cution by each employee of an authorization form the sum of 10 cents per hour for each single time hour paid, 20 cents per hour for each double time hour paid, which sums shall constitute a part of said Employee’s Local 14 Union dues. The amount of such monthly dues shall be the greater amount resulting from the above method or as deter mined by one of the following methods: 1. 2. 20 In one agreement, the amount of the checkoff was to be agreed to by the employer and the union. Effective October 1, 1976, all employers covered by this agreement shall deduct from the wages of employ ees covered by said contract, working dues in the amount of $.10 for each hour worked and shall remit monthly to the union office the sums so deducted, to gether with an accurate list of employees from whose wages said dues were deducted and the amounts ap plicable to each employee, not later than the 10th day of the month next following the month for which such deductions were made. (122) 29 A fixed weekly amount; or A fixed percentage of the employee’s weekly rate of pay (the employee’s standard hourly rate multiplied by 40 hours, exclusive of overtime, 7-day coverage or night work bonuses, or other allowances). Membership in the union (the only requirements for which shall be payment of an initiation fee of $2.00 and regular dues of one percent of the employee’s gross earnings, excluding vacation pay) on or after the thir tieth day following the beginning of employment or the effective date of this agreement, whichever is the later, shall be a condition of employment. . . . (66) Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, and International Brotherhood of Boilermakers, Iron Shipbuilders, Blacksmiths, Forgers, and Helpers, A.F. o f L. and C.I.O., my initiation fee or reinstatement fee not to ex ceed $25.00 and monthly membership dues (also outof-work dues in such amounts as shall be designated by the Executive Secretary of Lodge No. 802, not to exceed $12.00 per month for dues and not to exceed $3.00 per month for out-of-work dues) out o f any sums hereafter payable to me in each month by the Sun Shipbuilding and D ry Dock Company, my employer. The company agrees to deduct from the wages of such of its employees as shall so request in writing (1) all dues and initiation fees hereafter becoming due from such employees to the union, pursuant to the provi sions of Subparagraph 1 above, not to exceed, how ever, (a) tw o percent gross earnings per month for the union’s local dues, (b) $10.00 per month for the union’s unit dues and (c) $10 for an initiation fee, or (2) a monthly amount equal to the membership dues uni formly required as a condition of retaining member ship in the union . . . and an amount equal to any ini tiation fee uniformly required as a condition of acquir ing membership in the union. . . . (28) The minimum dues shall be 2 hours’ pay per month based on the employee’s standard hourly rate and for part-time employees the standard weekly work schedule. (124) I hereby assign to [the local union] from any wages earned or to be earned by me as your employee (in my present or in any future employment by you), such sums as the Financial Officer of said Local Union. . . . may certify as due and owing from me as membership in cluding an initiation or reinstatement fee and monthly dues in such sum as may be established from time to time by said local union in accordance with the constitu tion and by-laws o f the International U nion. . . but not less than $5.00 monthly. . . . Under 46 sample agreements, the checkoff amount was set as voted or levied by the union. Examination of contracts shows that either the checkoff amounts were stated in and governed by the unions’ constitu tions and bylaws or were set at the discretion of des ignated union officers: (98) Deductions shall be made only in the conditions and circumstances relating to the payment of dues laid down by the Constitution and By-laws of the union, together with the provisions of this agreement and the provisions o f the Memorandum of Understanding (Un ion Dues Deductions - Canada), a supplement to this agreement. (4) The company agrees to deduct, as to those employ ees who authorize it in writing, initiation fees, regular monthly dues and any assessments authorized by the union in accordance with its by-laws from the second pay day each month of such employees and shall re mit the money so deducted to the Financial Secretary of the union not later than the first of the following month. . . . (106) The company agrees during the life of this agree ment to make deductions of monthly dues and initia tion fees as designated by the Financial Secretary of the union for each employee who signs a “Union Ini tiation Fee and Monthly Dues Deduction”. . . . Penalty for unreasonable delay in remitting dues Although employers usually can be relied upon to meet payroll obligations, including the remittance of checked off dues, occasional delays may occur. This may be particularly true of smaller establishments com ing under multiemployer agreements in industries such as construction and transportation, because some em ployers may lack well-defined payroll procedures. To help ensure prompt remittance of dues, 40 sample agree ments, covering 226,900 workers, imposed penalties for unreasonable delays or contract violations (text table 8). Strike action, bonding requirements, and pecuniary penalties were most commonly employed, with several agreements stipulating more than one penalty.21 Text table 8. Penalty for unreasonable delay in remitting dues, 1981-82 In addition to fixing an amount to be checked off, seven agreements set minimum and nine set maximum deductions for all dues or for certain types of deduc tions. Requiring a maximum or minimum checkoff pre sumably helps keep deductions to reasonable levels and avoids having to deduct trifling amounts: (123) (20) Penalty The union’s monthly dues and initiation fee shall be an amount fixed by the Constitution and By-Laws of the union (but shall not exceed ten dollars per month in the case o f dues, ten dollars in case of an initiation fee for regular employees and five dollars initiation fee for seasonal employees). . . .20 “I hereby assign to Lodge No. 802 of International 30 Agree ments Workers (thousands) Total having provisions....................................... 40 226.9 Union may strike Union may impose pecuniary penalty ................. Union may require bonding ..................................... O th er............................................................................ 31 19 6 1 192.4 143.8 23.4 1.5 NOTE: Nonadditive. 21Fourteen agreements allowed for multiple penalties: 10, for pecu niary penalties and striking; 3, for pecuniary penalties, bonding, and striking; one, for bonding and striking. U n d e r 31 agreem ents, failure b y an em ployer to re m it dues to th e union w ith in a certain tim e p erio d could result in th e union requesting its m em bers to w ith d raw th eir services from th e em p lo y er until rem ittance w as m ade in full. S uch actio n b y th e union w as n o t a breach o f th e c o n tract, b u t instead w as view ed as sim ilar to th e trad itio n o f “ no-pay, n o -w o rk ” : (33) (125) (84) (126) The union agrees not to call, conduct, authorize, ratify or approve a strike or stoppage of union mem bers during the life of this agreement, except for an employer’s failure to submit to arbitration or failure to comply with either a joint decision of the managers of the union and the Association or a decision of the Im partial Chairman, or failure to pay wages on the due dates thereof, or failure to remit checked-off dues to the union within 15 days. The employer shall deduct from the wages of the members of the union, now and hereafter employed by the employer, union dues and initiation fees pro vided that the employer receives from the union a written authorization by the employee to make such deductions. Such monies so collected shall be turned over to the union by the 10th day of each and every month. In the event of the employer’s failure to so turn over to the union such collection as aforesaid, the un ion shall, in addition to any legal or other remedies it may have in the premises, have the right, following the end of 72 hours after sending the employers tele graphic notice of such failure, immediately and with out further notice, provided such failure has not been rectified within said 72 hours, to withdraw its mem bers from work and such action on its part shall not be deemed a breach of this agreement. Notwithstanding any other term or condition of this agreement, the union has the absolute right to autho rize a stoppage of work or a strike against a member shop of the Guild in the event such member shop of the Guild is in default of the requirements of this agree ment to remit to the union the dues and/or initiation fees deducted from the employees* wages . . . and such default continues after the 10 day notice. . . . When an employer actually makes a deduction for dues, initiation fees and assessments, in accordance with the statement received from an appropriate local un ion, he shall remit same no later than 30 days from the date such deduction was made and in the event he fails to do so, he shall be assessed ten percent liquidated damages. (65) Six percent interest per annum shall be paid after 30 calendar days on delinquent payments of union dues. (128) Should the employer fail to comply with the provi sions of Section 1 of this Article, after the union has given the said employer five days’ written notice of the employer’s default and the employer has failed to remit payment within the said five day period, there shall be automatically added to the sum due a 5 per cent penalty. (129) In the event the contributions and payments [remit tance of checkoff]. . . are not paid within 10 working days following the end of each calendar month, there shall be a late payment charge of three percent per annum plus legal interest on the amount of contribu tions and payments due, from the date when payment thereof was due to the date when payment is made, together with all experses of collection incurred in connection therewith, including legal fees and costs. Such charges and expenses shall be paid to that entity to whom such contributions or payments are owed. Local union shall, at its option, treat such failure to satisfy delinquency as a breach of contract and should it exercise its option to remove its members from the job of such delinquent employer, then the employer shall be liable to pay unto such employees so removed an amount equal to the wages lost by such employees by reason of said employer’s breach of the within agree ment. . . . T o ensure paym ent o f collected dues, six co n tracts required em ployers to post bonds in an am ount suffi cient to co v er payroll obligations. T h e requirem ent som etim es applied only to new m em bers o f em ployer associations o r em ployers co n tractin g in a new w ork area. P rovisions usually called for security in the form o f cash o r surety bonds, usually in a stated am ount. M ost o f these clauses w ere found in the construction industry: Notwithstanding any other provisions of this agree ment to the contrary, if the employer fails or refuses to remit to the union the dues and initiation fees which the employer has been authorized to d e d u c t. . . within 20 days after a notice of delinquency is mailed via cer tified mail to the employer by the union, then in such event, the union without the necessity of giving any other or further notice, shall have the right to strike or take such other legal action as it shall deem neces sary or appropriate during the period that any delin quency shall continue. (39) N ineteen agreem ents allo w ed th e union to im pose p ecun iary penalties, p articu larly interest, late fees, o r dam ages. O ne c o n tra c t even specified th e reim burse m ent o f expenses in cu rred in collectin g dues checked off, including legal fees and collectio n costs, as w ell as w ages lost d ue to a w alk o u t because o f th e em p loyer’s b reac h o f th e co n tract: (127) Should any employer become delinquent in remit ting check-off (initiation fees and dues), pension plan, welfare fund, additional working dues and industry ad vancement fund payments . . . for a period of 30 days or more, each employer shall be required to post se curity for such remittances, contributions and pay ments. The security shall be in the form of cash, or a corporate surety bond of a registered and acceptable bonding company in the following amounts, based upon the total project contract of the employer. $1,000.00 31 - Security for each total project con tract value up to $50,000.00 $2,000.00 - Security for each total project con tract value between $50,000.00 and R arely did th e parties negotiate clauses calling for th e term ination o f th e entire c o n tract if com panies defaulted on rem ittance o f dues. O nly one appeared in th e agreem ents exam ined. U n d er this agreem ent, the em ployer w as subject to liquidated dam ages on th e to tal am ount due and th e labor c o n tract w as subject to term ination if the dues w ere n o t paid in a specified tim e period: $ 100,000.00 $5,000.00 - Security for each total project con tract value over $100,000.00. Should the employer fail to pay employer con tributions to either of the above mentioned funds or fail to make any other remittances or payments due to either of the said funds or to the union when same shall be due and payable, the employer shall be considered delinquent and in breach of this agree ment. Upon such delinquency the administrator of the funds or the president of the union shall have the right to apply the security to or demand appli cation of the security toward the payment of the delinquent amounts and in addition thereto, the amounts provided for in Article XXII, Section 1, and any other costs or expenses incurred in collect ing delinquent payments to the above mentioned funds. (130) (133) Term of authorization D ues ch eck o ff provisions often established th e pe riods o f tim e and conditions applicable to ch eck o ff a r rangem ents. F o u r types o f arrangem ents studied in d e tail w ere ch eck o ff revocations, renew als, suspensions, and autom atic cancellations. T hese arrangem ents m ay be specified eith er in th e collective bargaining ag ree m ent o r in a separate dues w itholding authorization form , o r both. Because th e B ureau studied only those in collective bargaining agreem ents, the prevalence o f such arrangem ents m ay be understated. Employers who have fewer than 12 months’ expe rience in making timely payments of the contributions and deductions [dues] provided for in this article shall deposit with the union a surety bond in the amount of $1,000.00 obtained from a recognized corporate surety guaranteeing the payments provided for in this article. In the event any employer is in default in the pay ment of [dues] deductions required by this article, then the union, at its option, may require, that a bond be posted. . . . R evocation p rocedures specify h o w and w h en an em ployee can w ith d raw from the ch eck o ff arrangem ent. T hese p ro cedures m ust, at a m inim um , conform to section 302 o f th e L M R A w hich requires th at ch eck o ff authorizations be revocable after 1 year, o r th e term o f th e agreem ent, w h ich ev er period is shorter. T hus, an em ployee m ust have, at a minim um , an annual o p p o rtu n ity to revoke the authorization. T h e parties m ay, ho w ev er, agree to term s allow ing w ith draw al at m ore frequent intervals, o r even at any time. O f th e 476 sam ple agreem ents exam ined, 199 specifi cally referred to rev o catio n procedures (table 11). L an guage conform ing to th e m inim um requirem ents o f the L M R A , b u t pro v id in g fo r additional successive periods o f 1 year if th e em ployee did n o t exercise his o r her option, w as m ost com m on— found in 77 agreem ents co v erin g 781,900 w orkers. A n annual escape period, usually 7 to 15 days, w as provided, during w hich an em ployee had to w ith d raw from dues w itholding if the rev o cation w ere to be effective: R e vo c a tio n p ro c e d u re s, If an employer is consistently late in making the con tributions and deductions required by this article the union may require such an employer to remit weekly instead of monthly. (131) (132) At the discretion of the international union, an em ployer who has not regularly performed work under a Boilermaker collective bargaining agreement during the preceding year and/or is delinquent in contractu ally required contributions may be required to furnish or post bond to assure proper and timely payment of contributions required under this agreement and its ap pendices including prompt and proper remittance of employee contributions, dues, etc., withheld from em ployees’ pay. The bond shall provide for immediate payment to the appropriate fund upon receipt of evi dence of a delinquency from the fund office. In lieu of a payment bond, an escrow account with the same payment provisions may be established at a bank sat isfactory to the international. The bond or escrow ac count shall be in an amount equal to 125% of the es timated contributions required for the job in question, but not less than $5,000.00, and evidence satisfactory to the international union that such bond has been posted or escrow account established must be presented prior to the start of the job in question. The bond or escrow account shall be so established as to be noncancellable without the approval of the international union. (134) Further, the union may require a new contractor in the area to post security for the payment of wages or working dues that may become due to employees as provided for in this agreement. Employers who fail to remit any withheld funds or contributions required under the terms of this agree ment shall be subject to liquidated damages on total amount due, and also shall be subject to having this agreement terminated upon 72 hours notice in writing, being served by the union, provided the employer fails to show proof that delinquent [dues] have been paid to the appropriate collection agent. 32 This authorization and assignment shall be irrevoca ble for a period of 1 year from this date, or until the termination date of the applicable collective bargain ing agreement between the employer and the union, whichever occurs sooner. This authorization and as signment shall continue in full force and effect from year to year for one-year periods beyond the irrevo cable period set forth above, and each subsequent oneyear period shall be similarly irrevocable unless re period would have a shorter initial period before they could withdraw: voked by me by giving written notice to the employer and the union, bearing my signature and payroll num ber, by certified mail dated by U.S. Post Office can cellation at least 10 days, but not more than 25 days prior to the last day of any irrevocable period hereof. Such revocation to become effective as o f the first day o f the calendar month following the end o f such ir revocable period. (19) (135) (137) . . . This authorization shall be irrevocable for one year or for the duration o f the current working agree ment dated May 1,1980, whichever occurs sooner, and said authorization will continue for successive one year periods thereafter, unless notice in writing is given by me to the company and the union during the last 7 calendar days preceding the expiration day of any such one year period or of the termination date of the ap plicable working agreement. A minority of provisions were more lenient, allow ing dues revocation upon short notice, or at any time. These provisions were found in 37 sample agreements, covering 127,800 workers: This assignment, authorization and direction shall be irrevocable for the period of one year or until the ter mination o f the current collective agreement between the employer and the union, whichever occurs sooner, and I agree and direct that this assignment, authoriza tion and direction shall be automatically renewed and shall be irrevocable for successive periods of one year each, or for the period of each succeeding applicable collective agreement between the employer and union, whichever shall be shorter, unless written notice is given by me to the employer and the union by regis tered mail not more than 20 days and not less than 10 days prior to the expiration of each period of one year or of each applicable collective agreement between the employer and the union, whichever occurs sooner. Patterned even more closely after the LMRA was contract language which allowed revocation at the end of a stated time period (usually 1 year) or the end of the contract, but provided for no specific escape period or continuation beyond the first year. Such provisions were identified in 46 sample agreements, covering 184,800 workers: (136) During the life of this agreement, the company will deduct from the wages due any employee in the bar gaining unit, such initiation fees, assessments, and dues as may be uniformly applied by the union, providing such employee furnishes the company with a written assignment authorizing such deductions, which assign ment shall remain in effect for a period o f 1 year or until the expiration of this agreement, whichever oc curs sooner. (74) Once an employee signs a check-off form he cannot revoke it for one year from the date he signed it or until the end of this agreement, whichever is earlied. . . . (73) . . . [the] assignment is irrevocable for not more than one year after its date or upon termination of this agreement, whichever occurs sooner. . . . (23) The dues checkoff authorization shall be made on a form satisfactory to the company. The authorization is voluntary and an employee may at any time discon tinue the deduction of dues from his or her pay by proper notification. (82) This assignment is voluntary and I understand that I may revoke it at any time in writing. (138) . . . This authorization may be revoked by me at any time upon written notice by registered mail delivered to the employer and the union. . . . (139) An employee can revoke his/her authorization by sending 30 days’ notice to cancel his/her dues deduc tion to the local union Financial Secretary via certi fied mail. Renewal provisions. Under a renewal provision, a checkoff arrangement may be continued in effect for additional periods of time after an initial authorization expires. As allowed under section 302 of the LMRA, the employee need not sign a new authorization for each period, as long as the opportunity for revocation is available. Thus, contract language providing for re newal of checkoff is closely linked with that for revo cation procedures. The sample identified 96 agreements covering 763,200 workers with renewal provisions (text table 9). All these clauses provided for automatic renewal, usually on a year-to-year basis, if no revocation were submitted dur ing the escape period. Renewal clauses were identified in 94 percent (72 of 77) of the agreements with annual Text table 9. Renewal of dues checkoffs, 1981-82 Renewal provision Total having provisions........................................ Although clauses setting the period of nonrevocation as 1 year from the date of checkoff authorization were more common, 16 established a fixed “open period,” once each year for all employees. This set a maximum of 1 year, but employees who signed up after this open I reserve the right to revoke this authorization at any time between August 1 and September 1 of any year in which there exists a collective bargaining agree ment between the company and Lodge No. 1916 or at any time the existing contract is terminated, whichever date shall occur sooner. Revocation shall be by writ ten notice given by me to the company not less than 10 days prior to the date I desire the revocation to become effective. Automatically renewed: Unless notice is g iven ............................................ Unless notice is given, after that revocable at any tim e ......................................... From year to year unless notice is g iv e n ........... Automatically revoked unless notice is g iven ....... 33 Agree ments Workers (thousands) 96 763.1 8 33.6 1 86 1 1.1 724.9 3.5 company agrees in the event of inability or failure to make an authorized deduction in any month, to make such deduction during the following month. Under no circumstances, however, will deductions be made for more than one month’s dues in arrears. escape periods. Few contracts that provided for a more frequent revocation opportunity had renewal provi sions: (140) (141) (78) . . . Such authorization will be irrevocable until the expiration of one year from the date of authorization or until termination of this agreement, whichever oc curs first, and shall automatically renew itself for suc cessive yearly or applicable contract periods thereafter unless the employee gives written notice to the em ployer and the union at least 30 days before any peri odic renewal date of the authorization, of his desire to revoke the same. This assignment, authorization and direction shall be irrevocable for the period of 1 year from the date of delivery hereof to you, or until the termination of the collective agreement between the company and the union which is in force at the time of delivery of this authorization, whichever occurs sooner; and I agree and direct that this assignment, authorization and di rection shall be automatically renewed, and shall be irrevocable for successive periods of 1 year each or for the period of each succeeding applicable collective agreement between the company and the union, which ever shall be shorter, unless written notice is given by me to the company and the union not more than 20 days and not less than 10 days prior to the expiration of each period of 1 year, or of each applicable collec tive agreement between the company and the union whichever occurs sooner. . . . Such assignment or authorization shall be ir revocable for the period of 1 year from the date of delivery thereof to the employer or until the termina tion of the collective bargaining agreement between the employer and the union which is in force at the time of delivery of the assignment or authorization, whichever occurs sooner; and such assignment or au thorization shall be automatically renewed, and shall be irrevocable for successive periods of 1 year each or for the period of each succeeding applicable collective bargaining agreement between the employer and the union, whichever is the shorter, unless written notice is given by the employee to the employer and the un ion not more than 20 days and not less than 10 days prior to the expiration of each period of 1 year or of each applicable collective bargaining agreement be tween the employer and the union, whichever occurs sooner. . . . (75) . . . To be fair and consistent, all authorized union members will be required to pay and the company to deduct dues from the equivalent of 52 pay checks yearly. The following will be excluded: layoff due to reduction of the workforce, scholastic leaves, military leaves in excess of 30 days, political leaves, and Peace Corps leaves. (143) Effective this date I hereby authorize the . . . cor poration to deduct from my wages, and the Trustee and its Agents of the SUB Fund to deduct from any supplemental unemployment benefits payable to me from the SUB Fund, regular monthly membership dues in such amount as may be fixed by the local . . . in accordance with the procedure prescribed by the con stitution of the international union. . . . Although many agreements permitted dues payments to be deferred, within limits, until checkoff was re sumed, some, including those negotiated by the Team sters in the trucking industry, required employees with earnings insufficient for checkoff deductions to pay the dues in advance: (144) Where an employee who is on check-off is not on the payroll during the week in which the deduction is to be made, or has no earnings or insufficient earnings during that week, or is on leave of absence, the em ployee must make arrangements with the local union and/or the employer to pay such dues in advance. Terminations. In certain circumstances, an employee’s dues checkoff authorization is automatically cancelled without the employee initiating a revocation. Such cir cumstances generally are of four types: (1) Termination of employment, through dismissal, resignation, or re Deductions of dues shall be suspended during the period of an employee’s leave of absence. No dues shall be deducted when sufficient pay is not available. The The company’s obligation to make such deductions shall terminate automatically upon the termination for any reason of the employee who signed the authoriza tion or upon his transfer to a job not covered by this agreement, except that deductions shall be resumed if an employee terminated by layoff or transferred out of the bargaining unit is recalled or transferred back into the bargaining unit and no period of revocation intervened during this layoff period. An employee who has been laid off or is on unpaid leave for even a relatively short time usually will have no earnings available for deductions. Consequently, sus pension of dues probably occurs under most checkoff systems, even though not mentioned in the agreement. A few agreements provide for dues deduction, not only from wages, but from nonwage payments, such as sup plementary unemployment benefits. In this type of checkoff arrangement, suspension of dues collection may be postponed or avoided altogether: Suspensions. In some agreements, checkoff deductions may be suspended under specified conditions, such as a leave of absence, layoff, or temporary transfer out of the bargaining unit. The dues obligation for this period is either waived, later deducted as an arrerage by the company, or paid directly by the employee once pay is resumed. Upon the employee’s return to work, dues deduction resumes. In 31 agreements, covering 537,050 workers, contract provisions allowed for a temporary suspension of dues checkoff: (142) (64) 34 tirement; (2) transfer or promotion out of the bargain ing unit; (3) extended leave of absence; and (4) union loss of exclusive recognition as the bargaining agent. If the employee subsequently returns to the company or the union is reinstated, a new authorization must be submitted. Automatic cancellation of dues checkoff appeared in 54 agreements, covering 220,200 workers. Half of the clauses provided for cancellation when the employee either left the bargaining unit or severed employment with the company: (145) (146) (147) The company will deduct union membership dues, or an amount equal to the periodic dues applicable to members . . . until the employee is formally separated from the bargaining unit. Formal separation includes transfers out of the bargaining unit and removal from the payroll of the company. Deductions shall be rein stated within 30 days following the employee’s return to the bargaining unit, provided a new authorization is submitted. . . . . . . The authorization will be automatically canceled when employment in the company is terminated for any reason, 6 months after an employee is so trans ferred [outside the bargaining unit]. If such an em ployee returns to a bargaining unit during the term of this agreement, he must, within 30 days thereafter, again become and remain a member of the union in good standing. The company’s obligation to make such deductions shall terminate automatically upon the termination of the employee who signs the authorization or upon his transfer to a center, unit, or job not covered by this agreement. A few of these agreements provided for cancellation under other circumstances, such as extended leave of absence, transfer from the bargaining unit, and termi nation of employment: (148) An authorization by an employee for deduction of union dues shall be canceled automatically when such employee is transferred out of the bargaining unit, or is removed from the local payroll of the company, or goes on a leave of absence for more than 1 month, and there shall be no obligation on the part of the company to continue authorizations in effect in the absence of an applicable collective bargaining agreement. In 11 agreements, covering 62,800 employees, only termination of employment cancelled the checkoff ar rangement; and in 12 agreements, covering 37,500 workers, the checkoff was cancelled only when an em ployee left the bargaining unit: (106) Check-off authorizations currently in effect. . . shall remain in effect until . . . such time as said employee is terminated. . . . (149) Upon promotion or transfer from the bargaining unit, the deduction authority of the employee will be can celled automatically. If subsequently returned to the bargaining unit a new deduction authority must be pro vided to the company. (150) . . . The company will deduct from the employee’s pay earned during the first pay period in each month, union dues in an amount designated in writing by the union, and/or initiation fees in the amount as specified on individually signed authorization, unless notified to the contrary in writing by the employee during the revocation periods set forth in the written authoriza tion, or if he or she becomes ineligible for membership by reason of transfer or rehire to a job excluded from the bargaining unit. . . . > Some agreements provided for the cancellation of the authorization irrespective of circumstances pertaining to individual employees. Such a cancellation would oc cur if a union lost its exclusive recognition or if the collective bargaining agreements were no longer in effect: (40) . . . This authorization will become invalid and de ductions will stop on the date the National Labor Re lations Board (NLRB) certifies another organization to be the collective bargaining agent for the employee who has authorized such deduction. (70) This authorization shall be cancelled and deductions stopped by the company i f . . . the union is no longer recognized by the company. . . . (151) . . . Dues authorizations shall be cancelled and de ductions stopped in accordance with the provisions of the dues authorization form or at the termination of this agreement. . . . Membership requirements Employees must meet certain obligations to comply with the union security provision of a contract. Under the union shop, for example, all members of the bar gaining unit must meet specified membership and dues requirements as a condition of employment. If employ ees fail to meet their obligations to the union, the un ion may act to have them dismissed. However, the un ion must meet certain reciprocal obligations for the pen alty to be valid. For example, the union must comply with applicable laws governing membership require ments, notify the employee of the impending penalty and, if called for in the agreement, provide a “grace period” during which the employee may regain “good standing.” Membership in “good standing. ” Union security pro visions commonly require members of the bargaining unit to become or remain members of the union in “good standing” as a condition of employment. Those who fail to maintain their good standing may be subject to discipline or discharge. Enforcing good standing pro visions under the collective bargaining agreement, how ever, is circumscribed by the LMRA, which does not 35 Penalty for failure to maintain membership. The pun ishment for failing to meet requirements of membership was specified in 172 sample agreements, covering 813,250 workers. In virtually all of these, the penalty was discharge, which was in keeping with the require ment of membership “as a condition of employment.” The employee was to be immediately discharged under 42 agreements: permit the union to discriminate or to cause the em ployer to discriminate against an employee for any rea son other than nonpayment of uniform dues and initia tion fees. The law also bans discrimination against em ployees who have lost or been refused union member ship, except for the same reasons. Consequently, for purposes of the union security pro visions, employees may continue in employment, as members in good standing, simply by paying their dues and initiation fees, regardless of any additional require ments established by the union. A definition of “mem ber in good standing” appeared in 92 sample agree ments, covering 814,000 workers. In virtually all of them, the definition conformed to the limitations im posed by the LMRA. The clauses sometimes specified the time allowed on deliquent dues before loss of good standing: (40) . . . Good standing shall be the payment of the ini tiation fee and monthly periodic dues uniformly re quired as a condition of retaining membership. (101) “Member of the union in good standing” . . . means any employe who is a member of the union and is not more than 60 days in arrears in the payment of peri odic dues. (72) To keep his membership in the union in good stand ing, an employee must pay the required initiation fee and membership dues uniformly required of all members. IN GOOD STA N D IN G —Means that the employee pays, or tenders payment of, initiation fee, and peri odic dues in amount and frequency regularly required by the union as a condition of acquiring and retaining membership. SERVICE F E E EM PLOYEE—Means a covered employee who elects not to become a mem ber of the union, or who withdraws membership from the union and is required in lieu of membership to pay representation fee to the union. A few agreements defined membership in good stand ing in terms of the union constitution and bylaws. Such definition, as applicable to continued employment un der the agreement, would be enforceable only to the extent permitted by Federal law: (152) (154) Upon written notice from the union, advising that an employee covered by this agreement has failed to maintain membership in the union in good standing as covered above, by payment of uniform initiation fees and/or dues as required, the contrator shall forthwith discharge the employee. . . . (106) . . . Employees losing membership in the union in accordance with the applicable provisions of the La bor-Management Relations Act of 1947 shall be dis charged by the company within 10 days following date of written notice received by the company from the union. (155) During the period of 5 normal work days following the receipt by the company of . . . notice of delin quency, the union shall not request that such employee be discharged by reason of non-payment of his dues and the employee shall be given adequate opportunity by the union to satisfy the delinquency during this 5 day period. The company shall be required to discharge any employee for reason of non-payment of dues un less the employee satisfies the delinquency under this section. (156) The employer agrees to discharge any employee for non-payment of dues and/or initiation fees upon 7 days written notice from the union to do so, unless the em ployee within that time has made good his default. Under an additional 16 agreements, covering 45,350 workers, failure to pay dues or remain in good stand ing would result in discharge, but it was not clearly es tablished whether the discharge was to be immediate, or if a grace period was allowed: Membership in good standing in the union shall be a continuing condition of employment for all employ ees covered by this agreement. . . . All present and future employees . . . shall as a condition of continued employment with the employer, become members of the union and maintain their membership in good stand ing in accordance with the Constitution and By-Laws of the union. Any employee who loses his good standing in his local union by reason of his failure to tender to the local union periodic membership dues and/or initiation fees uniformly required, or who is in arrears in the payment of work dues to the district council, shall upon written notice to that effect from the district council to the employer, be discharged. In 104 agreements, covering 578,500 workers, the employee was to be terminated after a grace period. During the grace period, the employee had the oppor tunity to regain union membership and avoid being discharged: For nonmembers under an agency shop clause, the concept of membership in good standing obviously can not apply. Some contracts accordingly include a sepa rate definition for workers obligated to tender an agency shop fee: (79) (153) (61) 36 The union agrees that . . . it will not demand the discharge pursuant to this provision of any employee who has been denied membership in the union or whose membership has been terminated for any reasons other than his failure to tender the initiation fee and periodic dues and fees are tendered within seven days he will be reported to the company for the purpose of termi nating his employment in the unit as provided herein; and (b) the union has furnished the company with writ ten proof that the foregoing procedure has been fol lowed but the employee has not complied and on this basis the union has requested in writing that he be ter minated from the bargaining unit. dues uniformly required as a condition of acquiring or retaining membership in the union. (149) . . . Each . . . employee shall, as a condition of con tinued employment, remain a member of the union in good standing to the extent authorized by the Labor Management Relations Act of 1947 as amended. Any employee failing to comply with the above conditions will be considered as having voluntarily quit. (63) . . . An employee who has failed to acquire, or there after maintain, membership in the union as herein pro vided, shall be terminated 72 hours after his employer has received written notice from an authorized repre sentative of the local union, certifying that member ship has been, and is continuing to be, offered to such employee on the same basis as all other members and, further, that the employee has had notice and oppor tunity to make all dues or initiation fee payments. (160) Any employee who fails to maintain his obligations . . . shall not be retained in the employ of the employer, provided that the union shall have notified the em ployer and the employee in writing of such default and said employee shall have failed to remedy the same within 30 days after receipt of such notice. Penalties other than discharge were stipulated in 10 agreements, covering 36,800 workers. For example, the employee might lose seniority rights, be removed from hiring lists, be disciplined, or be suspended without pay: (157) (158) (85) . . . Failure of union members to pay dues or to se cure dues stamps, if not working, for a 90 day period, will cause said employee to pay a reinstatement fee and may be cause for removal from the seniority list. . . . The parties hereby agree that suspension with out pay is adopted as a substitute for and in lieu of discharge as the penalty for a violation of the union security clause of the agreement and that no player will be discharged for a violation of that clause. The player’s contract will be tolled during the period of any such suspension. . . . A fully registered employee who, 30 days after said registration, has failed to acquire or thereafter main tain membership in the union as here provided shall be removed from the registration list and de-registered 30 days after notice from the union that he is not a member in good standing. The right of the union to have an employee termi nated under the union security provision is constrained by the legal and negotiated rights of the employee. Three such rights were examined: The requirement that employees must be notified of the delinquency; that they must be granted a grace period within which to regain good standing; and that the penalty be nullified if the employer finds, or suspects, that the union has exceeded its legal rights. Notification to delinquent employees. An employee may become delinquent in tendering dues without knowing it or without understanding the ramifications. As a re sult, th6 National Labor Relations Board has required that a union must notify delinquent employees that fail ure to pay dues owed will result in a discharge under its union security provision. Notification to delinquent employees was required in 43 sample agreements, covering 251,600 workers. Con tract language sometimes mandated union notification by registered mail to assure delivery: (159) . . . No employee shall be terminated under this sec tion, however, unless: (a) the union has notified him by registered letter addressed to him at the address last known to the union concerning his delinquency in not tendering the periodic dues and initiation fees required under this section and warning him that unless such Some agreements shifted the obligation of notifying the employee from the union to the company: (161) Upon demand by the union that an employee be dis charged because he is delinquent in the payment of his regular dues or initiation fee, the company shall promptly notify the employee that his discharge has been demanded and the employee shall have a reason able time as determined by the union in which to rec tify the matter before the discharge is placed in effect. Grace periods, When employees became delinquent in payment of dues, they often were provided an interval of time or grace period in which to pay the delinquency and avoid discharge. In the sample, 104 agreements, covering 576,500 employees, provided for grace pe riods. A grace period of 15 days or less was stipulated Text table 10. Duration of grace periods to regain “good standing,” 1981-82 Duration T o tal having p ro v is io n s ............................................... Duration: Less than 6 d a y s .............................................................. 6 - 1 0 d a y s ............................................................................. 1 1 - 1 5 d a y s ........................................................................... 1 6 - 2 0 d a y s ........................................................................... 2 1 - 2 5 d a y s ........................................................................... 2 6 - 3 0 d a y s ........................................................................... N o t s p e c ifie d ....................................................................... A g re e m ents W o rkers (thousands) 104 5 7 8 .5 34 45 13 1 2 6 3 2 2 6 .2 1 8 2 .9 5 8 .8 3 .8 16.7 4 8 .4 4 1 .4 in 88 percent of these agreements (text table 10). Usu ally the grace period was explicitly stated in days or hours: (162) 37 An employee who has failed to acquire, or there after maintain membership in the union, as herein pro of the company unless within such week he shall es tablish membership in good standing. If the company shall believe that the discharge of any employee de clared by the union not be in good standing might vio late the rights of such employee under any Federal or State statute, or subject the company to a charge of discrimination against or violation of the rights of such employee, it shall so notify the business manager or financial secretary, in which event it shall not be re quired to discharge said employee until the matter of the properiety of such discharge shall have been de termined pursuant to the grievance procedure. vided, shall be terminated 72 hours after the employer has received written notice from an authorized repre sentative of the local union, certifying that member ship has been, and is continuing to be offered to such employees on the same basis as all other members, and, further that the employee has had notice and oppor tunity to make all dues or initiation fee payments. (163) (102) In the event that an employee fails to tender the ini tiation fee or periodic dues uniformly required as a condition of acquiring or retaining membership or if such employee fails to maintain membership in good standing, the union will notify the employer in writing and the union member will be given no less than 2 weeks’ time in which to re-establish his membership in good standing before the employer shall be called upon to release him. (166) The union shall give written notice to the company of the name of any employee who is not in good dues standing. If such employee is not restored to good dues standing within 3 working days after receipt of such notice, the company will discharge that employee. In the remaining eight agreements, the decision to discharge an employee for failure to maintain member ship or good standing was subject to negotiation or was determined by an arbitrator: D isch arge p rocedu re . The decision to discharge em ployees who have failed to maintain membership usu ally was made unilaterally by the union. In 126 sample agreements, covering 618,100 workers, the union initi ated the discharge procedure, usually by contacting the company, which then took the appropriate action: (164) The union shall have the right to require the removal of employees for failure to pay or tender initiation fees and dues as required by this agreement. All requests for removal by the union of employees for nonpay ment of or failure to tender initiation fees and dues shall be made to the employer in writing. (156) The employer agrees to discharge any employee for non-payment of dues and/or initiaiton fees upon 7 days written notice from the union to do so, unless the em ployee within that time has made good his default. (67) Upon receipt of written notification from the union to the company’s Industrial Relations Department, sent by registered or certified mail and signed by an au thorized representative of the union, that an employee is not a member of the union in good standing by rea son of falure to pay union initiation fee and/or regu lar dues accompained by a properly authorized writ ten reqwest from the union for the discharge of such an employee, the company shall discharge said em ployee within 15 working days following receipt of said notice and request, unless during such period said employee shall make payment to the union of deficient initiation fee or reinstatement fee and/or regular dues, whichever is applicable. (167) If a dispute arises as to whether an employee (1) has failed to maintain his membership in the union in good standing in accordance with the provisions o f . . . [this contract], or (2) was intimidated, coerced or interferred with in violation o f . . . [this contract], such dispute may also be submitted for determination by the arbitrartor provided for in Step 4 of the grievance pro cedure. The decision of the arbitrator shall be final and b;nding upon the parties. (168) If any dispute arises as to whether there has been a violation of the union maintenance provision, or whether an employee has been deprived of good stand ing in any way contrary to the constitution and by laws of the union, or whether the employee was a member in good standing, as certified on the list sup plied by the union, the employee accused of such vio lation shall upon written notice to the Employment Manager of the company, have a right to a hearing before the parties hereto, and their decision shall be final. C onditions n u llifyin g p en a lties f o r fa ilu re to p a y dues. The LMRA makes it illegal to penalize an employee for nonmembership in a union if membership was not avail able to the employee on the same general terms and conditions as for other members, or if membership was denied or terminated for reasons other than nonpay ment of dues and initiation fees. If either o f the above conditions applies, the union is unjustified in asking that an employee be penalized, and the company—if aware of this—is obligated not to honor such a request. Some agreements implicitly refer to reasons for nullifying a penalty by requiring membership standards to conform to the LMRA: In eight agreements, covering 46,750 workers, the decision to discharge a worker was subject to the grievance/arbitration process: (169) (165) Any employee in the unit above defined who is not a member of the union in good standing . . . shall, within 1 week from the date of notice sent by the un ion to the company, be discharged from the employ If an employee alleges that he has been discharged contrary to the provisions of this [union security ar ticle] the question shall be regarded as a grievance procedure as set forth in . . . this agreement. 38 All employees who are now members of the union shall, as a condition of employment, maintain member ship in good standing consistent with the provisions of the Labor-Management Relations Act of 1947, as amended. (170) . . . An employee shall not be determined to have lost his membership in the union in good standing until the secretary of the union shall have determined that the membership of such employee in the union is not in good standing, as that term is defined in the Labor Management Relations Act of 1947, and shall have given the company notice in writing to that effect.... In 11 agreements, covering 57,100 workers, the pen alty was cancelled if imposed for reasons other than failure to pay initiation fees or dues: (76) The union agrees to accept and retain as members all such employees without discrimination. The union agrees that it will not require the company to discharge any such employee for any reason other than failure of the employee to tender the standard dues and ini tiation fees uniformly required as a condition of ac quiring or retaining membership in the union. Conditions nullifying penalties were explicitly stated in only 38 agreements, covering 215,250 employees. In 14 agreements, covering 81,600 workers, penalties were voided if membership was either not available on equal terms or was refused or terminated for reasons other than failure to pay initiation fees or dues: Where an agency shop exists, an employee refused or involuntarily terminated from membership may avoid discharge by paying a service fee: (160) The provisions . . . of this section shall not apply to any employee in the bargaining unit to whom mem bership in the union is denied or whose membership therein has been terminated for reasons other than the failure of such employee to tender the aforesaid [dues] payments. (146) (154) Upon written notice from the union, advising that an employee covered by this agreement has failed to maintain membership in the union in good standing as covered above, by payment of uniform initiation fees and/or dues as required, the contractor shall forthwith discharge the employee unless the contractor has rea sonable grounds for believing that membership was not available to the employee on the same terms and con ditions generally applicable to other members, or that membership was denied or terminated for reasons other than for failure of the employee to tender the periodic dues and initiation fees uniformly required by the un ion as a condition of acquiring or maintaining membership. . . . After the signing of this agreement, when an employe is first employed in a classification covered by this agreement he must as a condition of employ ment arrange within his first 30 days of such employ ment to either (1) become a member of the union in good standing, or (2) to make payments (hereinafter referred to as substitute payments) to the union of amounts equal to the uniformly required monthly dues he would have paid if he were a member. The term “substitute payments” shall not include initiation fees which are not required of a non-member. The failure of an employe to (1) maintain his membership in the union in good standing or (2) to make substitute pay ments shall result in his discharge. . . . (79) Nothing herein shall be construed to limit the un ion’s lawful rights to determine and enforce regulations regarding acquisitions of, and retention of, membership in the union. Any covered employee who is refused membership, or whose membership is involuntarily ter minated by action of the union body (other than for refusal to tender initiation fee and periodic dues) shall not be subject to discharge for employment but, rather, shall take on the status of a service fee employee. (171) The employer shall be obligated under this section to terminate the employment of any employee who fails to obtain or maintain membership in the union as required by this section, upon receipt of written re quest for such termination from the union; except that the employer shall have the right to refuse such re quest if there are reasonable grounds for believing (a) that such membership is not available to the employee on the same terms and conditions generally applicable to other members, or (b) that membership has been denied or terminated for reasons other than the failure of the employee to tender the periodic dues and ini tiation fees uniformly required as a condition of ac quiring or retaining membership. One agreement excused delinquencies occurring dur ing the period an employee was not on the active payroll: (73) Methods to resolve checkoff disputes In general, the collective bargaining agreement is en forced through the grievance procedure—a formal plan, specified in the agreement, which typically provides a channel for the adjustment o f disputes through discus sions at progressively higher levels of authority in the company and union. Usually, it will culminate in arbi tration if agreement cannot be reached. The normal grievance procedure is also the usual method for re solving disputes concerning dues checkoff: The penalty was nullified in 12 agreements, covering 74,950 workers, if membership was not available on equal terms: (172) The union shall notify the employer in writing by certified mail addressed to the home office of any de fault on the part of an employee to pay his initiation fee and membership dues. . . and within 24 hours (Sat urday, Sunday and Holidays excluded) from the re ceipt of such written notice, the employer shall dis charge such employee, provided membership was available under the same terms and conditions gener ally applicable to other members. . . . in no event shall the union request, so long as any employee is not on the active payroll, that such employee be discharged by reason of non-payment of his dues or initiation fee. . . . (67) 39 ... No employee will be discharged under this clause except for the failure to pay regular dues or initiation fees. In the event of any dispute concerning the appli cation of this article, such dispute will be resolved through the grievance and arbitration procedure. Occasionally, contracts specified a special or expe dited grievance/arbitration procedure for dues check off and other union security disputes. In the sample, 16 agreements, covering 73,600 workers, provided such procedures. Grievances could be started at an advanced step, or proceed directly to arbitration: (73) If a dispute arises as to whether an employee (a) was a member of the union on the dates specified above or (b) has failed to maintain his membership in the union in good standing after the aforesaid date, or (c) was intimidated or coerced into joining the union after the aforesaid date . . . such dispute may be submitted for determination by arbitration. . . . (173) Any dispute arising out of the interpretation or ap plication of this [union security] article, when reduced to writing as a grievance, may be initially referred to Step Three of the Grievance Procedure. . . . (174) The Guild agrees that it will not impose unreason able dues or assessments. If producer claims a viola tion by the Guild of the provisions of this subsection . . . such question shall be handled by conciliation and, if necessary, by arbitration hereunder. . . . (81) Any dispute which may arise as to whether or not an employe properly executed or properly revoked an authorization for check-off of dues form, shall be re viewed with the employe by a representative of the local union and a representative of management. Should this review not dispose of the matter the dis pute may be referred to the umpire [arbitrator], whose decision shall be final and binding on the employe, the union and the company. Until the matter is disposed of, no further deductions shall be made. In some cases, the special procedure was independ ent of the regular grievance process: (139) (175) It is . . . agreed that all questions of union security arising during the term of this agreement shall become the exclusive concern of the president of the. . . broth erhood and the president o f . . . the company, or their especially authorized deputies, and their mutual deci sion in these matters shall be binding on all concerned for the term of this agreement. In the event any employee shall register a complaint with the employer alleging his dues, initiation fee and/or assessments are being improperly deducted, the employer will make no further deductions of the em ployee’s dues, initiation fee and/or assessments. Such dispute shall then be reviewed with the employee by a representative of the union and a representative of the employer. Indemnity Clauses that exempted the companies from incurred liabilities or penalties resulting from participation in un ion security procedures were common. Usually, the un ion indemnified the company and assumed responsibil 40 ity for all court suits, claims, or other actions taken with respect to dues deductions and discharge for nonpay ment o f dues. Indemnity clauses were found in 190 sam ple agreements, covering 1,066,100 workers: (163) The union agrees to defend, protect, indemnify and save the employer harmless against any claim, demand, suit or liability that shall arise out or by reason of any action taken by the employer in reliance upon a re quest made by the union to discharge an employee for failure to maintain his membership in good standing. . . or upon employee payroll deduction authorization cards submitted by the union to the employer. . . . (176) The union agrees that it will indemnify and save the company harmless from any and all liability, claim, re sponsibility, damage, or suit which may arise out of any action taken by the company in accordance with the terms of this article or in reliance upon the autho rization described herein, in an amount not to exceed the sum received by the union on account of the de ductions made from the earnings of such employee or employees. (106) In consideration of the company’s entering into this collective bargaining agreement, which agreement in cludes in this article union shop provision, the union hereby agrees to indemnify the company and hold it harmless from any and all claims, liabilities or costs of the company which arise out of the entering into or enforcement of said provision, or which arise out of the payroll deduction of union dues or fees. Administration of checkoff An effective dues checkoff arrangement depends on employer and union compliance with various adminis trative procedures. Therefore, many agreements estab lished requirements governing the administration of a checkoff system. Some o f the more common regula tions dealt with the provision o f checkoff data, the cost o f checking off dues, provision o f checkoff forms or cards, and collection o f past dues owed. One of the more common regulations for dues checkoff was the requirement that the employer notify the union of new hires, employees returning from layoff or leave of absence, or employ ees transferring back into the bargaining unit.22 Some employers furnished this information periodically and others only upon request: Provision o f ch ec k o ff data. (135) The employer agrees to furnish the union a list of all employees laid off, discharged, recalled or hired. (32) . . . Upon request of the union, the company will furnish the union with the names of all employees hired and the date of hiring, and likewise the names of all employees leaving the employ of the company. . . . 22A group of employees in a craft, department, plant, firm, or in dustry recognized by the employer or group of employers, or desig nated by an authorized agency, such as the National Labor Relations Board, as appropriate for representation by a union for purposes of collective bargaining. Another commonly found provision defined the em ployer’s responsibility in terms of supplying specific in formation about dues checkoff. These clauses required the employer periodically to furnish information, such as employees’ names and badge numbers, status, amounts deducted, dates of hire, or social security numbers: (169) (66) (134) Once each month the employer will submit to the union a list of employees hired the previous month. The list will include the employee’s name, social secu rity number, store C9de, job code, and date of hire. The company will maintain a list of bargaining unit employees who have assignment forms on file with the company. This list will be available to union officers for inspection during business hours upon request. Each month the company will furnish the union with the names of employees on the list from whom no deduc tions were made, together with the reasons for not making such deductions. The company will also fur nish the names of employees from whom deductions in arrears were made, together with amounts thereof. (12) On or before the last day of each month the union shall submit to the company a notarized list showing separately for each plant the name, department sym bol and check or badge number of each employee who shall have become a member of the union in good standing. . . . (149) The Union Secretary shall notify the company dur ing the second week of each month in writing of missed deductions that were authorized but were not made, and these will be made at the next regular deduction period. Any and all sums deducted by the company from the wages of its employees, shall be remitted to the Secretary-Treasurer of the local union not later than the fourth pay of each calendar month. The employer shall, on or before the 15th day of each month, furnish to the union Secretary-Treasurer a written statement for the preceding month covering the following: (a) (79) A similar set of provisions stipulated that the union provide information about dues checkoff to the em ployer. Some of the more commonly found clauses re quired that the union periodically provide lists of union members and new recruits authorizing dues checkoff, types and amounts of deductions, new authorizations for dues, or missed deductions that were authorized but not made: . . . The union official shall submit weekly any re quests for deduction of delinquent dues. Union fees shall precede credit union deductions. Total amount of fees deducted; (b) Name and payroll number of employees from whose wage, deductions have been made; (c) Name and payroll number of employees from whose wage, no deductions were made. . . . The local union shall certify to the employer in writ ing each month a list of its members working for the employer who have furnished to the employer the re quired authorization, together with an itemized state ment of dues, initiation fees (full or installment), or uniform assessment owed and to be deducted for such month from the pay of such member. . . . Remittance will be made by the company to the un ion covering dues deducted each month by the 25th day of that month. The remittance shall be transmitted via tape and shall include an alpahabetical list by de partment showing: 1. The names of employees for whom an initial deduction is being made; 2. The names of all employees for whom a deduc tion was made; 3. The names of employees for whom any author ized deduction was not made and the reasons for the failure to make such deductions; 4. The names of employees for whom a deduction is made for some previous month; 5. The total deductions authorized; 6. The total deductions made; 7. The total deductions authorized but not made; 8. The old and new name of employees whose name has been changed; and, 9. The names of employees whose authorization has been cancelled and the reason for such cancellation. Cost o f checking o ff dues. Under most agreements, the cost of dues checkoff is borne by the employer without cost to the union and without any reference to cost in the agreements. Provisions for assessing the union for at least part of the expense incurred by the company in checking off dues are rare. Reflecting this, only seven sample agreements provided for payment by the union to the employer to cover some or all costs of checkoff. Most of the illustrative clauses specified payment of a fixed amount. A few, however, did not stipulate the amount to be paid, but merely stated that the union would reimburse the company for the expense incurred: 41 (177) The union agrees to pay to the company regularly each month upon receipt of a statement therefor, the expense incurred by the company for services rendered in making such payroll deductions of union dues. (178) All costs, expenses and fees of the Board of Trus tees incident to the accounting, administration and re mittance to the union of the supplemental dues pay ments shall be borne solely and entirely by the union. (179) It is agreed that the union will pay the company $10.00 per month for deduction of union dues. Two sample agreements stipulated the company’s willingness to assume the cost of making dues deductions: (61) ployers were required to notify the unions of delin quencies, on forms provided by the unions: The employer is willing to make deductions from the pay of such employees, without reimbursement for its expense in making such deductions, on the under standing that the union will indemnify and save the employer harmless against any and all claims, demands, suits or other forms of liability that shall arise out of or by reason of action taken or not taken by the em ployer for the purpose of complying with any such authorization and assignment. In addition to rules governing the direct cost of checkoff systems, there were provisions identifying whether the company or the union or both parties were responsible for the ex pense of providing dues checkoff forms. Presumably, the parties shared the responsibilities of issuing these forms. However, in terms of cost, only one clause stipu lated that the expense was to be shared by the parties; 26 required the company to provide the forms; and 77 stipulated that the union was to provide the forms: (182) The deduction of the union dues shall be made on last payroll week of each month for the preceding month’s dues and shall be forwarded to the union within 10 days after such deduction is made. In the event no wages are due the employee, or are insufficient to cover the required deduction, the employer will so state on the union forms provided. The union will then make its own arrangements with the employee as to payment. (183) Deductions will not be made in respect to any prior month’s union dues except when the company through error or oversight failed to make the deduction in any such month. (184) . . . It is the responsibility of the union to collect directly from the employee: (i) dues or initiation fee payments owed after cancellation of a deduction au thorization; and (ii) dues or initiation fee payments owed before the time the deduction authorization be comes effective. Provision o f ch eck o fffo rm s o r cards. (54) (180) In 44 sample agreements, the company was specifi cally required to collect dues in arrears. Although some agreements did not limit the scope of collecting past dues owed, employers often were obligated only to col lect arrears in a subsequent period for dues owed in an immediately preceding period: The company will furnish new or re-engaged em ployees with dues deduction authorization forms Un less requested by the union not to do so. In those lo cals where such a request is made, a new or re-engaged employee who has not become a union member will, on his request, be furnished a non-member dues de duction authorization form by the union. The company, on receipt of written authorization from an employee who is not a member of the union, shall deduct from the pay of such employee an amount equivalent to the union monthly membership dues. Such authorization shall be on a form to be furnished by the company and approved by the union. . . . (181) The union will provide the employer each month a sufficient number of “Application for MembershipAuthorization for Check-Off of Dues” forms in dupli cate. The forms will be handed to each employee im mediately after hiring and contemporaneously with the execution of the employer’s personnel forms. . . . (116) The local union will provide the employee assess ment deduction authorization forms. The company agrees to deduct from the fourth week’s pay of each month union dues, both current and arrears, for each employee who has authorized such deduction in writing. . . . (185) When an employee does not work in a particular month for any reason which would cause his dues not to be deducted for that particular month, then the com pany will deduct such dues in arrears in the next sub sequent month in which he does work. (159) The deduction for any month will be made during the first payroll week of said month consisting of not less than three working days and shall be remitted to the proper officer of the union not later than the last day of said month. Dues which are delinquent because of lack of earnings in such payroll week will be deducted with the subsequent month’s check-off. Ten sample agreements provided for sharing the re sponsibilities of collecting past dues owed, particularly by exchanging vital information on delinquent employ ees. For example, several clauses required the parties to notify each other o f delinquencies by a specific time period, or obligated the union to furnish the employer with a list o f employees owing dues and the specific amount due, or required the union to resubmit to the employer the past amount due from deliquent employ ees for subsequent billing: Contract language dealing with collection of past dues owed by employees was found in 70 sample agreements. These provisions named the party responsible for collecting back dues owed at the time of starting deductions for an employee, collecting dues missed because employees’ earnings were insuffi cient to cover payment o f dues for a particular time period, or collecting dues owed after the cancellation o f checkoff authorizations. In 15 agreements, the union was responsible for col lecting some or all types of dues in arrears. Presumably, the unions were to make whatever arrangements were necessary to collect the arrears. In some contracts, em C ollection o f p a st dues. (11) (169) 42 The union shall, on or before the 10th day of each month, furnish to the employer a list of member-em ployees and the amounts due therefor, including dues owing for the succeeding month. (143) The employer shall, on or before the last day of the same month, deduct and remit such dues as authorized to the union. a list of those members who were absent in the pre vious check off week and who require makeup deduc tions to bring their dues up-to-date. In the event no wages are then due the employee, or, are insufficient to cover the required deduction, it shall be the responsibility of the union to resubmit the amount due on the next regular monthly billing. One agreement, negotiated by the Teamsters, stipu lated that employees were responsible for potentially delinquent dues. In this agreement, the employees had to pay their dues in advance if their wages would be insufficient to cover authorized deductions. The ad vance dues could be paid to the union or to the employer: Authorized dues deductions will be made from the wages of employees in the first full week of each month. The company will promptly remit dues so deducted to the bonded officer (Treasurer) of the union. Any employee who owes dues to the local union and leaves the active payroll for any reason, such dues shall be deducted from his last pay check. The union Treasurer shall furnish to the personnel department not later than the 20th day of the month 43 (186) Where an employee who is on check-off is not on the payroll during the week in which the deduction is to be made, or has no earnings or insufficient earnings during that week, or is on leave of absence, the em ployee must make arrangements with the local union and/or the employer to pay such dues in advance. Table 1. Union security provisions in major collective bargaining agreements by industry, 1981-821 (W o rkers in thousands) All ag ree m e n ts Industry T yp e of union security Union shop2 To tal A g re e m ents M odified union shop3 A gency shop4 M odified agency shop W o rkers A g re e m ents W o rkers A g re e m ents W o rkers A g re e m ents W o rkers A g ree m ents W orkers A g re e m ents W o rkers All in d u s trie s ...................................................... 1,3 2 7 6 ,0 7 0 .5 1 ,1 0 0 5 ,4 5 4 .5 787 3 ,1 7 2 .2 52 1 42 .7 87 6 3 2 .0 10 5 6.9 M a n u fa c tu rin g ...................................................... 621 2 ,6 6 5 .0 4 97 2 ,3 1 2 .8 341 1 ,0 6 5 .0 24 7 0 .0 29 8 1.3 2 7.5 Food, kindred p r o d u c ts ....................................... T o b a cc o m anufacturing ...................................... T extile mill products ............................................. A p p a r e l....................................................................... Lum ber, w ood p r o d u c ts ..................................... Furniture, fix tu r e s ................................................... Paper, allied products ......................................... Printing and p u b lis h in g ........................................ C h em icals ................................................................. Petroleum r e fin in g .................................................. R ubber and plastics ............................................. L eath er p ro d u c ts .................................................... Ston e, clay, and g la s s ......................................... Prim ary m etals ........................................................ Fabricated m e t a ls .................................................. N onelectrical m a c h in e ry ..................................... E lectrical m achinery ............................................. Transportation e q u ip m e n t.................................. In s tr u m e n ts ............................................................... M iscellaneou s m a n u fa c tu rin g ........................... 61 4 11 33 8 14 37 18 34 17 12 5 22 55 38 64 73 99 8 8 2 2 0 .0 7.9 2 2.3 186 .8 5 0.4 18.6 5 5.2 3 0 .2 58.1 2 7 .6 7 4 .5 10.7 4 5 .3 213.1 8 2 .7 219.1 3 3 4 .2 9 7 5 .4 19.2 13.3 51 2 5 31 7 12 27 18 15 5 10 4 19 47 33 56 63 80 6 6 174.1 2.5 8 .2 181 .8 13.4 15.3 3 9 .8 3 0 .2 2 1 .0 6 .0 7 1 .9 8.5 4 1 .4 1 98 .7 7 2 .0 2 0 7 .2 2 9 5 .2 8 9 9 .5 15.8 10.0 40 2 4 30 4 8 21 11 9 - 138.1 2.5 6 .9 180 .2 8 .2 10.7 3 1 .2 2 1.0 11.9 - 8 4 N o n m a n u fa c tu rin g .............................................. 706 3 ,4 0 5 .5 603 3 ,1 4 1 .7 Mining, crude petroleum , and natural gas .. Tran sp o rtatio n 5 ........................................................ C o m m u n ic a tio n s ..................................................... Utilities, electric, and g a s ................................... W h o le s ale t r a d e ..................................................... R etail t r a d e ............................................................... H otels and r e s ta u ra n ts ........................................ S ervices ..................................................................... Construction ............................................................ M iscellaneou s nonm anufacturing .................. 13 54 78 65 14 93 35 56 297 1 2 0 2 .9 4 2 3 .9 6 3 0 .8 1 58 .4 2 7.3 3 2 8 .9 116.1 2 7 1 .0 1 ,2 4 4 .7 1.3 9 48 68 54 12 83 34 53 241 1 1 96 .8 4 0 9 .2 6 0 5 .3 133.1 2 4.3 3 0 7 .6 1 14 .8 2 6 3 .9 1 ,0 8 5 .2 1.3 S e e foo tnotes at end of table. 44 _ _ - - - 1 1 - - - - - 25 43 29 57 4 5 4 7 .8 8 .5 24.1 4 7 .6 5 0 .8 169 .3 9 5 .9 1 8 8 .4 13.2 8.2 2 1 8 3 3 3 2 1 1 3 9 .6 3.7 5.7 5.9 8 .0 1.4 1.8 446 2,1 0 7.1 28 7 2.7 58 3.4 _ 13 24 7 30 6 29 11 77 32 39 214 1 1 9 0 .4 2 2 3 .2 19.8 61.1 2 3 .0 2 8 2 .9 1 10 .2 1 84 .5 1 ,0 1 0 .4 1.3 2.4 1.4 2 - - 1 - - 2 7 1 3 _ 5.5 14.2 1.3 12.7 _ 2 12 - 1 1 1 5 14 2 1 - 6 .2 2.0 1.3 _ _ - - 1 _ - 1.0 - - 1.3 6 .0 1.0 12.4 4 3 .8 6.0 1.2 - _ _ - 1 - 6 .5 - - - - 5 5 0 .7 _ 8 4 9 .4 _ _ - 2 44 5 - 15.0 5 0 5 .8 10.3 1.5 4 .6 11.0 2 4 .5 1 2 - _ 4 13.4 5 3 _ - - - - - 2 6.7 2 2 .6 _ _ _ _ _ - Table 1. Continued—Union security provisions in major collective bargaining agreements by industry, 1981-821 (W o rkers in thousands) Sole bargaining6 Ty p e of union security— Continued Industry M ain te n a n c e of m em bership7 Union shop and agency shop M odified union shop and agency shop M ain te n a n c e of m em bership and agency shop A g ree m ents A g ree m ents A g re e m ents A g ree m ents O th er8 A greem ents W o rkers W o rkers W o rkers W o rkers A g re e m ents W o rkers W o rkers All in d u s trie s ...................................................... 46 2 0 1 .2 37 8 9 6 .6 14 108 .0 16 4 9 .4 51 195 .3 227 6 1 6 .0 M a n u fa c tu rin g ...................................................... 33 160 .5 18 7 0 1 .8 11 9 4 .5 8 2 3 .3 31 108 .7 124 3 5 2 .2 7.1 5 - 19.7 - 2 - 2 .9 10 2 6 2 1 2 10 - 4 5 .9 5.4 14.1 5.0 3 7 .0 3.3 15.4 - 19 12 2 1 3 8 5 8 10 19 2 2 3 7 .0 2 1 .6 2 .6 2.2 3 .9 14.4 10.6 11.9 3 9 .0 7 5.9 3.4 3.3 103 2 6 3 .7 4 6.0 14.7 2 5 .5 2 5.3 2.9 2 1.3 1.3 7.0 159 .5 Food, kindred p ro d u c ts ....................................... T o b a cc o m anufacturing ...................................... Textile mill products ............................................. A p p a r e l....................................................................... Lum ber, w ood p r o d u c ts ...................................... Furniture, f ix tu r e s ................................................... Paper, allied products ......................................... Printing and p u b lis h in g ........................................ C h em icals ................................................................. Petroleum r e fin in g .................................................. R ubb er and plastics ............................................. Leather p r o d u c ts .................................................... Ston e, clay, and g la s s ......................................... Prim ary m etals ........................................................ Fabricated m e t a ls .................................................. N onelectrical m a c h in e ry ..................................... E lectrical m achinery ............................................. Transportation e q u ip m e n t.................................. In s tr u m e n ts ............................................................... M iscellaneou s m a n u fa c tu rin g ........................... _ _ - 1.3 1.5 1 1 - - - - 1 5 5 1 12 7 - 1.0 5.8 6 .0 1.0 1 18 .7 25.1 - _ - - - - 1 1 - - - 1 - 2 2.3 - 1 - - 3 1 3 2 - 10.1 3 .0 14.3 9.3 - 1 6 - 4 .0 84.1 - - - 6 - 6 3 5 .6 - 13 Mining, crude petroleum , and natural gas .. T ra nsportation5 ........................................................ C o m m u n ic a tio n s ..................................................... Utilities, electric, and g a s ................................... W h o le s ale t r a d e ..................................................... R etail t r a d e ............................................................... H otels and re s ta u ra n ts ........................................ S ervices ..................................................................... Construction ............................................................ M iscellaneou s nonm anufacturing .................. _ 4 0 .7 _ - - - - - - - - 1 94 .8 3 13.5 8 26.1 3 .0 1 6 2 .5 _ _ _ _ _ _ - - 1 1 2 - 5.0 14.1 5.9 - - 3.5 2 4.7 9 .0 - - - 1 - - 6 10 11 2 10 1 3 3 5 .6 5.3 56 - - - - 1 - - 2 - - - 4 2 5 .0 9.0 3 7.8 2 1 .5 - - - - 1 - 5 2.0 - 1 - 1 T h e majority of a g ree m e n ts w e re sch eduled to expire in 1981 or 1982. 2 A union shop requires all e m p lo yees to be c o m e m em bers of the union within a specified tim e a fter being hired or a fter a new provision is negotiated, and to rem ain m em bers of th e union as a condition of continued em ploym ent. 3 A m odified union shop is th e s am e as a union shop e xc e p t that certain e m p lo yee groups m ay be e xem p ted , for exam p le, tho se alread y em p loyed at the tim e the provision w as nego tiated , but w h o had not yet joined the union. 4 An agency shop requires all em p lo y e e s in th e bargaining unit w ho do not join th e union to pay a fixed am o unt m onthly, usually the equivalen t of union dues, as a condition of em p loym ent, to help defray the union’s e xp en ses in acting as a bargaining agent. 1.2 - - - 2.2 2 .5 - 1 - - - 2 - 2 .0 1.2 - 1 - 19 1 14 - - 2 4 3 1 1 6 1 2 4 5 - - - N o n m a n u fa c tu rin g .............................................. 1 _ - 2 - - 1 1.8 1.4 6 .3 7.2 - - - - - 1.1 - - - 1 - - 4 1.3 1 - 5 4 6 1.0 - 20 2.1 6.1 4 .7 3.3 1.8 17.3 2.2 9.0 2 9.4 2 9.8 8 6 .6 8.5 3 - 5 Excludes railroads and airlines. 6 S o le bargaining is an a rra n g e m e n t w h ereby the union is recog nized as the exclusive bargaining a g e n t for all em p loyees, union and nonunion, in the bargaining unit, but union m em bership is not required as a condition of em p loym ent. 7 M a in te n a n c e of m em bership is an arran g em en t w h ereby e m p loyees w h o are m em bers of the union at th e tim e the a g ree m e n t is negotiated, or w ho voluntarily join subsequently, m ust m aintain their m em bership, usually for th e duration of th e ag reem en t, as a condition of continued em p loym ent. 8 Includes a g ree m e n ts that provide com binations of union security provisions or th at m ak e union security subject to local negotiations. N O T E : B ecau se of rounding, sum s of individual item s m ay not equal totals. 45 Table 2. Union security provisions in major collective bargaining agreements by region and State, 1981-821 (W o rkers in thousands) All ag ree m e n ts R egion and S tate T yp e of union security Total A g ree m ents Union shop2 M odified union shop3 A gency shop4 M odified agency shop W o rkers A g re e m ents W o rkers A g ree m ents W o rkers A g re e m ents W o rkers A g ree m ents W o rkers A g re e m ents W o rkers All a g r e e m e n ts ................................. 1 ,3 2 7 6 ,0 7 0 .5 1 ,1 0 0 5 ,4 5 4 .5 787 3 ,1 7 2 .2 52 142 .7 87 6 3 2 .0 10 5 6.9 In ters tate 5 ................................................. 235 2 ,5 9 4 .5 212 2 ,4 9 3 .3 125 9 9 1 .0 10 3 5 .6 23 3 2 5 .4 1 6 .5 N e w England .......................................... M o re than 1 S ta te 6 ............................ C o n n e c tic u t.......................................... M ain e ...................................................... M a s s a c h u s e tts .................................... R hod e Is la n d ........................................ 69 15 24 6 20 4 1 79 .5 52.1 6 5 .0 10.5 4 6 .2 5.6 65 15 20 6 20 4 160 .5 52.1 4 6 .0 10.5 4 6 .2 5.6 48 10 16 3 17 2 1 16 .3 27.1 3 8 .9 6 .7 4 0 .6 2 .9 4 - 6 .0 1 1 - 1.4 1.4 2 2 _ _ 16.0 16.0 _ - - 2 - 3.0 - 1 1 1.8 1.2 M iddle A t la n tic ........................................ M o re than 1 S ta te 6 ............................ N ew Jersey .......................................... N e w Y o r k ............................................... P e n n s y lv a n ia ........................................ 249 21 30 117 81 6 4 3 .9 6 3 .6 8 0 .9 2 8 5 .8 2 1 3 .5 233 19 28 1 10 76 6 0 7 .5 5 3.7 7 3.4 2 7 3 .3 2 0 7 .0 183 16 18 93 56 4 6 5 .8 5 0 .0 4 4 .6 2 1 9 .9 1 51 .3 13 2 2 4 5 3 2 .8 2.7 3.5 11.8 14.8 13 - 4 9 .0 - 3 4 6 16.4 6 .5 2 6 .0 E ast North C e n t r a l ............................... M o re than 1 S ta te 6 ............................ Illin o is ...................................................... In d ia n a .................................................... M ichigan ................................................ O h io .......................................................... W is c o n s in .............................................. 251 14 66 26 37 62 46 6 6 2 .0 8 3 .8 1 65 .9 52.1 9 9 .6 1 63 .6 9 6 .9 247 14 65 25 37 62 44 6 5 3 .3 8 3 .8 1 64 .7 5 0.9 9 9 .6 1 6 3 .6 9 0 .6 178 9 53 13 28 41 34 4 4 6 .0 6 1 .7 1 43 .3 2 3 .0 4 9 .9 9 8 .4 6 9 .5 14 1 2 1 2 6 2 3 9 .2 11.4 2 .9 1.2 10.3 8 .0 5.3 23 1 5 7 1 6 3 9 7 .5 2 .5 11.3 2 0 .7 2 0 .0 3 4 .5 8 .4 W e s t North C e n t r a l.............................. M o re than 1 S ta te 6 ............................ Io w a .......................................................... K ansas .................................................... M in n e s o ta .............................................. Missouri .................................................. N e b r a s k a ............................................... South D a k o t a ....................................... 81 7 9 5 31 23 5 1 2 2 5 .8 3 1 .4 18.4 12.5 8 3 .4 6 5 .4 13.2 1.4 65 7 2 1 31 23 1 1 88 .7 3 1 .4 3 .8 1.3 8 3 .4 6 5 .4 3.3 50 4 2 - 1 25 .3 5.3 3 .8 - 2.4 6 4 .3 5 1 .8 _ _ _ _ _ 2 _ _ 25 19 - 1 _ _ - - - South A t la n t ic ......................................... M ore than 1 S ta te 6 ............................ D e la w a r e ................................................ District of C o lu m b ia ........................... F lo r id a ..................................................... G e o r g ia ................................................... M a r y la n d ................................................ North C a r o lin a ...................................... South C a r o lin a .................................... V ir g in ia .................................................... W e s t V ir g in ia ........................................ 97 18 2 7 17 7 7 14 8 12 5 3 0 8 .5 1 1 5 .9 3 .0 3 3 .8 4 0 .5 2 2 .9 15.8 2 2 .8 11.4 3 5 .3 6.7 East South C e n t r a l............................... M o re than 1 S ta te 6 ............................ A la b a m a .................................................. K e n tu c k y ................................................ M ississippi ............................................. T e n n e s s e e ............................................. 46 1 9 8 7 21 9 7 .6 1.8 2 3.3 10.6 2 4 .5 3 7.3 W e s t South C entral ............................. M o re than 1 S ta te 6 ............................ A rkansas ................................................ Louisiana ............................................... O k la h o m a .............................................. T e x a s ...................................................... 75 5 8 14 5 43 178 .0 10.8 14.7 3 0 .9 12.8 1 08 .8 35 12 2 7 1 - 1 65 .9 1 03 .8 3 .0 3 3 .8 1.5 - 19 7 1 5 - 6 2 .7 19.6 1.8 31.1 _ - - 15.8 1.0 1.3 _ - 7 1 1 4 15 _ 5 .6 2 3 3 .7 _ 10 _ 1 - - 1.7 _ _ _ _ _ - - 2 1 _ - 7.0 5.5 _ _ - _ 1 1.5 _ _ _ _ _ _ _ _ _ _ _ - 4 .6 _ _ 1.3 _ _ 3 .3 ' - - - _ . 1.5 _ _ _ _ 1 _ 1 _ _ _ _ - - - _ _ _ _ _ _ _ _ - - - - - - _ _ _ _ _ _ 5.7 1.0 3 .4 16.0 _ 3 5 1 1 4 .9 6 .9 2 .8 1.3 27 2 2 8 5 10 6 8 .2 4 .8 3.1 16.9 12.8 3 0 .4 15 1 1 6 3 4 2 9 .2 2 .8 1.3 10.2 7.7 7.1 1 _ _ 2 .4 _ _ _ _ . 4 .9 9.2 16.5 3 .0 46 _ _ 9 1.5 8 4 .2 1.2 _ 3 7 3 2 S e e foo tnotes at end of table. 1 _ - _ 8 5 1 _ 3 1 - 1 _ _ _ _ 1 _ _ 1.7 4 .6 _ _ _ _ _ _ _ _ _ _ _ _ _ 1 _ _ _ _ _ _ _ 1.3 - _ 1 _ _ - - _ _ _ _ - - - - - - 8 1 1 1 1 4 2 2 .9 2 .0 1.8 5.7 3 .9 9.5 2 2 .6 _ _ - _ _ _ 1 1 1.2 1.4 1.3 _ _ _ _ _ _ _ _ - - Table 2. Continued—Union security provisions in major collective bargaining agreements by region and State, 1981-821 (W orkers in thousands) Type of union security All a g reem en ts R egion and S tate Union shop2 Total A greem ents A gency shop4 M odified agency shop W orkers A g ree m ents A r iz o n a ....................... C o lo r a d o ................... I d a h o .......................... N ev a d a ..................... N ew M exico ............ U t a h ............................. 37 8 15 3 4 6 1 9 1.3 3 2.2 37.1 4.1 6.7 9.6 1.5 Pacific ........................... M o re than 1 S ta te 6 A l a s k a ........................ C a lifo rn ia ................... H aw aii ........................ O regon ....................... W ashington ............. 187 14 6 121 7 12 27 1 ,0 8 9.2 73.3 2 6.2 8 3 5 .0 33.1 5 7.8 6 3.7 M o u n ta in ...................... M odified union shop3 W orkers 25 - A g re e m ents 20 5 3.0 - 14 3 2 6 - - 3 5.6 4.1 3.6 9.6 - 1 ,0 3 0.2 73.3 2 4.2 8 1 8 .8 33.1 2 0.8 59.9 139 12 5 90 3 9 20 A g re e m ents W o rkers A g ree m ents - - - - - 4 3 .6 - 11 2 2 5 - 176 14 5 115 7 11 24 W o rkers 2 9.3 2.1 3.6 8.6 8 7 6 .0 67.7 2 4.2 6 9 8 .5 15.2 18.2 52.1 W o rkers - 1 2.3 - - - - - - - - - - - - - - - - - - - - - - - - 7 1 22.3 3.8 7 3 6.0 5 - - - - - - - - - - 4 1 16.3 1.0 5 1 30.2 4.2 4 1 - - - - 1 1.3 1 1.6 2 7.3 2 3.6 3.7 - - - - S ole bargaining7 Union shop and agency shop M odified union shop and agency shop M ain te n a n c e of m em bership and agency shop A g ree m ents A g ree m ents A g re e m ents A g re e m ents W o rkers - - M a in te n a n c e of m em bership8 W o rkers W orkers 2.3 1 Type of union S e c u rity -C o n tin u e d W o rkers A g ree m ents W o rkers O th er9 A greem ents A g re e m ents W o rkers W orkers All a g r e e m e n ts ....................... 46 2 0 1 .2 37 8 9 6 .6 14 108.0 16 4 9 .4 51 195.3 227 6 1 6 .0 In terstate5 ........................................ 6 126.1 27 8 5 6 .8 8 9 3.5 4 2 1.6 8 36.7 23 101.1 6.3 6.3 _ _ - - 8.7 1.3 1.7 2.7 1.5 1.5 19.0 - 6 1 1 2 1 1 4 - 4 19.0 14 1 1 6 6 4 4.7 1.0 4.1 30.5 9.1 N ew England ................................. M ore than 1 S ta te 6 .................. C o n n e c tic u t................................. M aine ............................................. M a s s a c h u s e tts .......................... R hod e Is la n d .............................. M iddle A tla n tic .............................. M ore than 1 S ta te 6 .................. N ew Jersey ................................. N ew Y o r k ..................................... P e n n s y lv a n ia .............................. E ast North C entral ...................... M o re than 1 S ta te 6 .................. Illin o is ............................................. Indiana .......................................... M ichigan ....................................... O h io ................................................ W isconsin .................................... W e s t North C e n t r a l..................... M ore than 1 S ta te 6 .................. Io w a ................................................ 3 - 5.7 - 1 1 1 2.3 1.1 2.3 8 12.3 - - 3 3 2 3.5 4.4 4.3 10 19.7 - - 1 2 1 4 2 1.7 3.2 3.5 8.4 2.8 4 5.9 _ _ - - 1 1 - - - - - - - - - - - - - - - - - - - - - - - - 1 - - - - - - - - 1 1.4 - - 2.9 7 1 1 1 3 1 12.3 1.0 1.3 1.5 6.5 2.0 - 2 1 2.7 1.7 2 - - - - - - - - - - 1 - - - 2 1 - - - 1.0 - - - - 2.9 2 7.5 4.5 - 47 1 - - - S e e foo tnotes at end of table. 1.4 1 1.3 - 1.3 9 2 5.7 - - 3 1 2 3 4.1 1.1 9.4 11.1 - - - _ _ _ _ - - - - 6 2 43.0 2 1.6 - - - - - - - - - - - - 16 2 2 7 5 i 36.4 9.9 7.5 12.5 6.4 4 - 8.7 - 1 1 1.2 1.3 - - - - 2 6.3 16 37.1 - - 7 14.5 Table 2. Continued— Union security provisions in major collective bargaining agreements by region and State, 1981-821 (W orkers in thousands) S ole bargaining7 Type of union security— C ontinued R egion and S tate W e s t North C entral K ansas .................................................... M in n e s o ta .............................................. Missouri ................................................. N e b r a s k a ............................................... South D a k o t a ....................................... South A t la n t ic ......................................... M o re than 1 S ta te 6 ............................ District of C o lu m b ia ........................... F lo r id a ..................................................... G e o r g ia ................................................... M a r y la n d ................................................ North C a r o lin a ...................................... South C a r o lin a .................................... Virginia .................................................... W e s t V ir g in ia ........................................ E ast South C e n t r a l............................... M ore than 1 S ta te 6 ............................ A la b a m a .................................................. K e n tu c k y ................................................ Mississippi ............................................. T e n n e s s e e ............................................. W e s t South C entral ............................. M ore than 1 S ta te 6 ............................ A rkansas ................................................ Louisiana ............................................... T e x a s ...................................................... M o u n ta in .................................................... A r iz o n a .................................................... C o lo r a d o ................................................. I d a h o ........................................................ N e v a d a ................................................... N e w M exico ......................................... U t a h .......................................................... Pacific ......................................................... M ore than 1 S ta te 6 ............................ A laska ..................................................... C a lifo rn ia ................................................ H aw aii ..................................................... O r e g o n .................................................... W ashington .......................................... M a in te n a n c e of m em bership8 Union shop and agency shop M odified union shop and agency shop M ain te n a n c e of m em bership and agency shop A g ree m ents A g ree m ents A g ree m ents W o rkers A g ree m ents - W o rkers W o rkers - 1 - - - - - - - - 4 - - 2 2 - 3.2 2.7 4 .8 1.0 - - - 1 - - - 1 - 1.3 1.0 1 3 - 14.7 - - - 1 - 1 2 1.0 13.7 - - _ _ - - - - - 7 V 10.9 1.8 - - 5 6.6 - 1 - - _ _ - - - - - - 1.8 1 - - 2.2 - - - - - - 1.7 _ _ _ _ _ _ - - - - - - - - - - - - - - - - - 1.7 _ _ _ « - - - - - - - - - - 1 12.4 - - - - - 1 1.5 1 1.5 - - 2.0 - 1 1 1.0 - - - - 1.0 - 2.5 _ _ 2.5 - - - - - - - - _ - _ _ _ - _ - - - - - - - - _ - - 1 - - - - - - - 1 2.0 4 11.2 - 4 1 9 .9 1.4 62 6 - 1 4 2 .6 12.1 - 16 7 - 3 9 .0 2 2 .9 - 13 7 12 1 2 1 .8 10.2 3 5 .3 1.1 31 1 6 1 4 19 6 3 .9 1.8 18.4 1.4 8 .0 3 4.3 48 3 1 09 .8 6 .0 6 6 33 11.5 13.9 78.3 12 8 1 38.3 32.2 1.5 - _ - 2 3.1 _ - 1 1.5 2 12.8 _ 3 11.6 6 33.2 11 58.9 - - _ _ - _ _ _ _ _ - - _ - - _ _ _ 2 12.8 _ _ _ _ 5 30.8 - - - _ _ - - - - - - 1 2 - - - - 2.5 - - - 1 1 - 2.2 - 1 T h e m ajority of a g ree m e n ts w e re scheduled to expire in 1981 or 1982. 9.0 2.6 - _ _ - - 1 1 6 2.0 16.1 1 3 37.0 3.8 _ _ 2.4 6 Each of th e s e a g ree m e n ts covers 2 or m ore plants lo cated in different S ta tes in th e sam e region; w o rker distribution by S ta te not available. 2 A union shop requires all e m p loyees to be c o m e m em bers of the union within a specified tim e a fter being hired or after a new provision 7 S ole bargaining is an arra n g e m e n t w h ereby th e union is recognized as the exclusive bargaining a g en t for all em p lo yees, union and nonunion, in the bargaining unit, but union m em bership is not required as a condition of em p loym ent. 8 M ain te n a n c e of m em bership is an arra n g e m e n t w h ereby em p lo yees w ho are m em b ers of the union at the tim e the a g re e m e n t is negotiated, or w ho voluntarily join subsequently, m ust m aintain their m em bership, usually for the duration of the ag ree m e n t, as a condition of continued em p loym ent. is negotiated, and to rem ain m em bers of the union as a condition of continued em p loym ent. 3 A m odified union shop is the sam e as a union shop e xc e p t that certain em p lo y e e groups m ay be exem pted, for exam p le, tho se already em p loyed at the tim e the provision w as nego tiated , but w ho had not yet joined the union. 4 An agency shop requires all e m p lo yees in the bargaining unit w ho do not join the union to pay a fixed am o unt monthly, usually the equivalent of union dues, as a condition of em p loym ent, to help defray the union’s e xp en ses in acting as a bargaining agent. 5 E ach of th ese a g ree m e n ts covers 2 or m ore plants located in different regions. - - 1 1 - - 1 - - - - 1.0 12.9 8.5 - - - - 3 1 - - - 1.0 - - W o rkers W o rkers - - - W o rkers A g ree m ents - 1.8 A greem ents 1.2 12.4 - 1 - - - 1 - 1 - 1 1 - 1.2 - - - 1 - - 1 - 1 - 1.5 3.0 O th er9 9 Includes a g ree m e n ts that provide com binations of union security provisions or that m ake union security subject to local negotiations. N O TE : B ecau se of rounding, sum s of individual item s m ay not equal totals. 48 Table 3. Union security provisions in sample of major collective bargaining agreements by State coverage, 1981-821 (W o rkers in thousands) All a g reem en ts Provision A g re e m ents W orkers S ta te co verag e All em p lo yees covered in S tates without right-tow ork laws All em p loyees covered in S tates with right-to-work laws A g ree m ents W o rkers A g re e m ents W o rkers A g re e m ents W o rkers A g re e m ents W orkers M ixed coverage C o v era g e not known All a g r e e m e n t s .............................................................. 476 2 ,5 7 3 .9 351 1 ,2 6 2 .2 72 157 .5 50 9 6 6 .8 3 187 .3 All union security p ro v is io n s ....................................... 403 2 ,4 0 3 .8 339 1 ,2 2 8 .5 16 3 7 .0 46 9 5 3 .2 2 185 .0 Union s h o p ............................................................................ M odified union s h o p .......................................................... U nion shop and agency s h o p ....................................... M odified union shop and agency s h o p ................... M odified union shop and m aintenance of m e m b e rs h ip ....................................................................... M a in te n a n c e of m em bership ........................................ M a in te n a n c e of m em bership and agency shop ... A gency s h o p ........................................................................ M odified agency s h o p ...................................................... O th er2 ....................................................................................... 286 9 14 2 1 ,3 1 8 .9 17.6 5 5 7 .8 5.4 258 8 1 1 9 6 6 .5 16.2 7.8 1.4 7 1 1 12.4 1.4 1.7 19 - 155 .0 2 1 85 .0 19 20 10 29 19 15 8 18 10 6 1.7 131 .4 3 6.0 189 .5 29.1 5 6.2 8 6 1 .7 2 9 .9 2 1 .5 5 4.8 2 2 .6 4 5 .9 S ole bargaining3 ............................................................... 73 170.0 12 3 3.7 4 3 1 T h e m ajority of a g reem en ts w ere sch eduled to expire in 1981 or 1982. 2 Includes a g reem en ts that provide com binations of union security provisions or that m ake union security subject to local negotiations. 3 S o le bargaining is an arran g em en t w h ereby the union is 49 - - - 5 4 8 .3 4 .0 - - - - 12 1 - - - - 2 - 12.1 5 - 9.4 - 3 2 6 - - 2 8 9.3 14.5 125.3 6.5 10.3 56 120 .5 4 13.5 - 1 - - - - - - - 1 2.3 - recog nized as the exclusive bargaining agent for all em p loyees, union and nonunion, in th e bargaining unit, but union m em bership is not required as a condition of em ploym ent. N O T E : B ecau se of rounding, sum s of individual item s m ay not equal totals. Table 4. Union security provisions in sample of major collective bargaining agreements by type of savings clause, 1981-821 (W o rkers in thousands) Type of union security All a g reem en ts Provision To tal A g re e m ents Union shop1 2 A g re e m ents W orkers A g re e m ents W o rkers 476 2 ,5 7 3 .9 403 2 ,4 0 3 .8 286 1 ,3 1 8 .9 A g reem en ts with savings clause ................... 80 9 3 8 .6 73 9 1 8 .5 53 28 146 .6 24 132 .2 3 15.9 2 15 1 01 .7 16 18 396 N o specific savings c la u s e ............................... A gency shop4 M odified agency shop W orkers All a g r e e m e n ts ................................................. D ifferent form of union security b eco m es effective if law changes ............................................................... D ifferent form of union security b eco m es effective if present form held in v a lid .............................................. D ifferent form of union security to be negotiated if law changes or present form held in v a lid .................................................................... P resent form not op erative if prohibited by l a w ............................................. O t h e r ........................................................................ M odified union shop3 A g ree m ents 9 W o rkers W orkers 29 189 .5 3 1 8 .9 4 7.6 18 9 1.2 2 4.5 13.6 1 2 .6 13 98.3 9 4 9 .0 4 6 4 .8 2 0 9 .6 16 18 4 6 4 .8 2 0 9 .6 12 13 55.1 1 20 .9 1 1 1.0 2.0 1 ,6 3 5 .2 330 1 ,4 8 5.3 233 1 ,0 0 0 .0 25 1 81 .9 9 17.6 A g re e m ents 17.6 A g re e m ents W o rkers 4 29.1 4 29.1 T y p e of union security— C ontinued M a in te n a n c e of m em bership6 Union shop and agency shop All a g r e e m e n ts .................................................. 20 131 .4 14 5 5 7 .8 A greem ents with savings clause ................... 3 16.4 10 5 4 4 .6 3 16.4 D ifferent form of union security becom es effective if law changes ............................................................... D ifferent form of union security becom es effective if present form held in v a lid .............................................. D ifferent form of union security to be nego tiated if law c hanges or presen t form held in v a lid .................................................................... P resent form not op erative if prohibited by l a w ............................................. O t h e r ......................................................................... N o specific savings c la u s e ............................... 17 1 15 .0 1 11.0 2 38.3 3 4 4 0 8 .6 8 6.7 4 13.1 1 T h e majority of a g reem en ts w ere scheduled to expire in 1981 1982. or 2 2 5.4 5.4 CDOie bargaining5 M ain te n a n c e of m em bership and agency shop O th e r7 10 3 6.0 29 1 18 .0 73 170 .0 1 9.5 2 2 1 .5 7 20.1 1 2 0.0 4 14.4 1 2.3 1 9.5 1 1.5 2 3.4 9 2 6 .5 27 9 6.5 66 1 49 .9 5 S ole bargaining is an a rra n g e m e n t w h ereb y the union is recognized as the exclusive bargaining ag en t for all em p loyees, union and nonunion, in the bargaining unit, but union m em bership is not required as a condition of em p loym ent. 6 M a in te n a n c e of m em bership is an arran g em en t w h ereby e m p lo yees w ho are m em bers of the union at the tim e the a g ree m e n t is negotiated, or w ho voluntarily join subsequently, m ust m aintain their m em bership, usually for th e duration of the ag ree m e n t, as a condition of continued em p loym ent. 2 A union shop requires all em p lo yees to be c o m e m em bers of the union within a specified tim e after being hired or after a new provision is nego tiated , and to rem ain m em bers of the union as a condition of continued em ploym ent. 3 A m odified union shop is the sam e as a union shop exc e p t that certain e m p loyee groups m ay be e xem p ted , for exam p le, those alread y em p loyed at the tim e the provision w as negotiated, but w ho had not yet joined the union. 7 Includes a g ree m e n ts that provide com binations of union security provisions or that m ake union security subject to local negotiations. N O T E : B ecause of rounding, sum s of individual item s m ay not equal totals. 4 An agency shop requires all em p loyees in the bargaining unit w ho do not join the union to pay a fixed am o unt monthly, usually the equivalent of union dues, as a condition of em p loym ent, to help defray the union’s exp enses in acting as a bargaining agent. M odified union shop and agency shop 50 Table 5. Union security provisions by type of hiring clause in sample of major collective bargaining agreements, 1981-821 (W o rkers in thousands) All a g reem en ts Total Provision A g ree m ents N o hiring provision Hiring practices C onsideration to union in hiring P referential hiring1 2 Hiring hall W o rkers A g ree m ents W o rkers A g re e m ents W orkers A g re e m ents W o rkers A g re e m ents A greem ents W orkers W orkers All a g r e e m e n ts .................................................. 476 2 ,5 7 3 .9 131 6 7 2 .5 62 2 5 3 .7 10 2 9.0 59 3 8 9 .8 345 1 ,9 0 1 .3 All union security p r o v is io n s ......................... 403 2 ,4 0 3 .8 125 6 5 5 .4 60 2 4 8 .7 10 2 9.0 55 3 7 7 .7 278 1,7 4 8.4 Union shop ............................................................... M odified union s h o p ............................................. Union shop and agency s h o p ......................... M odified union shop and agency s h o p ....... M odified union shop and m ain ten an ce of m e m b e r s h ip .......................................................... M ain te n a n c e of m e m b e rs h ip ............................ M a in te n a n c e of m em bership and agency s h o p .......................................................................... A gency s h o p ............................................................ M odified agency s h o p ......................................... O th er3 .......................................................................... 286 9 14 2 1 ,3 1 8.9 17.6 5 5 7 .8 5.4 109 - 5 4 9 .4 - 53 - 199.3 - 10 - 46 - 321.1 - 6 4 7.9 - 1 - 16.0 - - 2 9 .0 - 177 9 8 2 7 6 9 .5 17.6 5 0 9 .8 5.4 19 20 6 1 .7 131 .4 3.3 15.9 - - 3.3 3 15.9 17 17 5 8.4 115 .5 10 29 1 1.4 8 27 10 3 6 .0 189 .5 29.1 56.2 S ole bargaining4 .................................................. 73 170.0 4 2 3 2 2 6.4 12.5 - 2 - 5.0 12.5 - 1 2 0.0 - - 6 17.1 2 - 1 T h e m ajority of ag ree m e n ts w ere sch eduled to expire in 1981 or 1982. 2 A g reem en ts did not contain explicit s tatem en ts as to nondiscrim ina 5.0 5 3 1.9 - - - - - 2 - - - - - 1 - - - - - - - 1 2 0.0 4 9 2 9 .6 177 .0 29.1 3 6.2 - - 4 12.1 67 152 .9 - - 4 S ole bargaining is an arra n g e m e n t w h ereby the union is recognized as the exclusive bargaining a g en t for all em p loyees, union and nonunion, in the bargaining unit, but union m em bership is not required as a condition of em p loym ent. N O TE : B ecau se of rounding, sum s of individual item s m ay not equal totals. tion b e tw e e n m em bers and n o nm em bers of th e union. 3 Includes ag ree m e n ts that provide com binations of union security provisions or that m ake union security subject to local negotiations. Table 6. Hiring practices in sample of major collective bargaining agreements by coverage in States with and without right-to-work laws, 1981-821 (W orkers in thousands) S ta te co verag e All ag reem en ts Practices A g re e m ents W o rkers All em p loyees covered in S tates without right-towork laws All em p lo yees covered in S tates with right-to-w ork laws M ixed coverage C o verag e not known A g ree m ents W orkers A g ree m ents W o rkers A g ree m ents W orkers A g re e m ents W orkers 3 187.3 All a greem ents .......................................................... 476 2 ,5 7 3 .9 351 1 ,2 6 2.2 72 1 57 .5 50 9 6 6 .8 To tal with hiring provisions ........................................ Hiring h a l l ........................................................................ Union ............................................................................. J o in t ................................................................................ Preferential hiring2 ...................................................... C onsideration to union in hiring3 ........................... 131 62 55 7 10 59 6 7 2 .5 2 5 3 .7 2 2 5 .9 2 7.7 2 9.0 3 8 9 .8 113 54 48 6 9 50 5 7 3 .8 195 .2 1 76 .5 18.7 2 6.2 3 5 2 .4 7 3 3 2 8 .8 15.9 15.9 - - 6 2 7 .3 - - 3 2.8 10.1 6 9 .9 4 2 .5 3 3 .5 9.0 - 1 11 5 4 1 N o referen ce to hiring p ro v is io n .............................. 345 1 ,9 0 1.3 238 6 8 8 .4 65 1 28 .7 39 8 9 6 .9 3 - 187 .3 3 A g ree m e n ts provided for hiring on a nondiscrim inatory basis. N O T E : B ecau se of rounding, sum s of individual item s m ay not equal 1 T h e majority of ag ree m e n ts w ere scheduled to expire in 1981 or 1982. 2 A g ree m e n ts did not contain explicit s tate m e n ts as to n o ndiscrim ina totals. tion b e tw e e n m em b e rs and no n m em b ers of the union. - 51 Table 7. Checkoff provisions in major collective bargaining agreements by industry, 1981-821 (W o rkers in thousands) All a g reem en ts T yp e of checko ff Total Industry A g reem en ts D ues checko ff only D ues and assessm ents W o rkers A greem ents W o rkers A g reem en ts W o rkers A greem ents W o rkers All in d u s trie s .......................................................... 1,3 2 7 6 ,0 7 0 .5 1,1 3 8 5 ,2 2 4 .9 368 1 ,5 3 6 .9 25 9 9.8 M a n u fa c tu r in g .......................................................... 621 2 ,6 6 5 .0 594 2 ,5 4 8 .6 116 2 8 5 .7 11 2 0.8 Food, kindred p ro d u c ts .......................................... T o b a cc o m anufacturing ......................................... Textile mill products ................................................ A p p a r e l........................................................................... Lum ber, w ood p r o d u c ts ......................................... Furniture, f ix tu r e s ...................................................... Paper, allied products ............................................. Printing and p u b lis h in g ........................................... C h em icals .................................................................... Petroleum r e fin in g ..................................................... R ubber and p la s tic s ................................................. L eather p ro d u c ts ........................................................ Ston e, clay, and g la s s ............................................. Prim ary m e ta ls ............................................................ Fabricated m e t a ls ..................................................... N onelectrical m a c h in e ry ......................................... E lectrical m achinery ................................................ Transportation e q u ip m e n t................................... v In s tr u m e n ts .................................................................. M iscellaneou s m a n u fa c tu rin g .............................. 61 4 11 33 8 14 37 18 34 17 12 5 22 55 38 64 73 99 8 8 2 2 0 .0 7.9 2 2.3 186 .8 5 0 .4 18.6 5 5 .2 3 0.2 58.1 2 7 .6 7 4 .5 10.7 4 5 .3 213.1 8 2 .7 219.1 3 3 4 .2 9 7 5 .4 19.2 13.3 58 4 11 29 7 13 36 15 32 16 12 5 22 54 35 62 71 97 7 8 2 1 3 .5 7.9 2 2.3 1 77 .7 13.4 17.3 5 4 .0 2 5 .6 5 3 .4 2 6 .6 7 4.5 10.7 4 5 .3 2 1 1 .8 7 7.9 215.1 3 3 1 .2 9 3 8 .7 17.9 13.3 3 2 5 1 1 2 13 4 17 10 10 3 2 1 1 9 21 8 - 13.3 4.2 12.2 3.0 1.5 2.0 2 0.4 4 .2 3 1 .0 18.4 6 2 .2 5.0 3.4 6 .0 1.9 11.4 6 6 .2 14.7 2 - 2.3 - N o n m a n u fa c tu rin g ................................................. 706 3 ,4 0 5 .5 5 44 2 ,6 7 6 .2 252 1 ,2 5 1 .2 Mining, crude petroleum , and natural g a s ..... T ra nsportation2 ........................................................... C o m m u n ic a tio n s ......................................................... Utilities, electric, and g a s ....................................... W h o le s ale t r a d e ......................................................... R etail t r a d e .................................................................. H otels and r e s ta u ra n ts ............................................ S e rv ic e s .......................................................................... C o n s tru c tio n ................................................................. M iscellaneou s nonm anufacturing ...................... 13 54 78 65 14 93 35 56 297 1 2 0 2 .9 4 2 3 .9 6 3 0 .8 1 58 .4 2 7.3 3 2 8 .9 116.1 2 7 1 .0 1 ,2 4 4.7 1.3 13 49 78 58 10 73 28 47 187 1 2 0 2 .9 3 7 8 .5 6 3 0 .8 1 43 .0 18.8 2 1 5 .9 9 0.8 167 .8 8 2 6 .2 1.3 3 4 53 36 7.8 2 0 .4 4 2 8 .0 9 4.8 S e e foo tnotes at end of table. 52 - 3 - 5 5 13 133 - 4 .4 - 2 1 .4 8.3 2 3.3 647.1 - 1 1 5 - 1 1 14 _ 1 2 2 - 3 .0 1.3 10.4 - 1.0 2 .8 7 9.0 _ 1.0 4 6 .5 3.3 - - - - - 1 8 - 1.1 27.1 - Table 7. Continued—Checkoff provisions in major collective bargaining agreements by industry, 1981-821 (W o rkers in thousands) Type of c h e c ko ff— C ontinued Industry D ues and initiation fe es A greem ents W orkers No refe re n c e to checkoff Dues, assessm ents, and initiation fe es A g reem en ts W o rkers O th er3 A greem ents A g reem en ts W orkers W orkers All in d u s trie s .......................................................... 457 1 ,7 2 7.8 211 9 1 3 .8 77 9 4 6 .4 189 8 4 5 .6 M a n u fa c tu rin g .......................................................... 304 1 ,1 7 9.0 129 5 2 7 .7 34 5 3 5 .4 27 116.4 Food, kindred p ro d u c ts ........... !.............................. T o b a cc o m anufacturing ......................................... Textile mill products ................................................ A p p a r e l........................................................................... Lum ber, w ood products ......................................... Furniture, fix t u r e s ...................................................... Paper, allied products ............................................. Printing and p u b lis h in g ........................................... C h em icals ..................................................................... Petroleum re fin in g ..................................................... R ubber and p la s tic s .................................................. Leather p r o d u c ts ........................................................ S ton e, clay, and g la s s ............................................. Prim ary m e ta ls ............................................................ Fabricated m e t a ls ..................................................... N onelectrical m a c h in e ry ......................................... Electrical m achinery ................................................ Transportation e q u ip m e n t..................................... In s tr u m e n ts .................................................................. M iscellaneou s m a n u fa c tu rin g .............................. 34 1 6 5 5 5 20 1 12 6 16 1 - 3 7.3 2.2 123.3 - 3 5 1 - 17 15 23 34 43 63 6 5 152.1 1.5 10.1 12.8 9.6 7.8 2 8 .9 1.0 18.9 8.1 3 .0 5.8 38.1 25.1 4 0 .2 133.2 2 4 8 .6 4 0 9 .3 15.8 8.9 153 5 4 8 .8 3 27 4 .0 12.9 150.1 2 7 .4 14.4 1 15 .4 4 3.7 96.7 8 4 .0 - - N o n m a n u fa c tu rin g ................................................. Mining, crude petroleum , and natural g a s ..... Transportation2 ........................................................... C o m m u n ic a tio n s ......................................................... Utilities, electric, and g a s ....................................... W h o le s ale t r a d e ......................................................... Retail t r a d e .................................................................. H otels and re s ta u ra n ts ............................................ S e r v ic e s .......................................................................... C o n s tru c tio n ................................................................. M iscellaneou s nonm anufacturing ...................... 1 2 6 20 12 8 43 12 22 17 6 1 5 3 - 3 36 9 16 4 12 - 1 - - 2.4 - - 2 2 3 2 13 1 - 1 9.3 - - 1 3 2 2 2 1 5.9 4.5 5.8 2.5 4 5 6 .3 2.1 - - 43 4 1 1 .0 162 4 2 1.8 2 2 6 .8 5.0 12.8 2 .6 4 2 .9 2 4.5 14.1 3 4.2 1.3 3 7 1 2 1 11 169.3 117.3 1.2 4.6 1.8 3 6.2 14.2 3 2.4 3 3.7 _ 1 14 5 5 13 1 6 6 6 - - 1.3 4.8 4.0 3.0 3 6.7 1.3 7 2 9 .2 _ 5 4 5 .4 - 7 4 15.3 8.4 113.0 25.3 103.2 4 1 8 .5 - 20 7 9 110 - 9.0 3 7.0 1.3 1.2 4 .6 4 .6 1.0 - - 386.1 2 6.4 - 4 1 1 1 3 2 3 5.6 2.3 - 1 - 3 - 82 6 - sions, that refer to checko ff provisions but give no details, or that m ake checko ffs subject to local negotiations. N O TE : B ecause of rounding, sum s of individual item s m ay not equal totals. 2 Excludes railroads and airlines. 3 Includes a g ree m e n ts th at provide com bin ations of ch ecko ff provi 3.8 1 74 .8 3 1.2 6 4 .6 12.9 5 5.4 - 31 1 T h e majority of a g ree m e n ts w e re scheduled to expire in 1981 or 1982. 7.5 1.0 10.0 3.5 - 8.5 - 53 Table 8. Checkoff provisions in major collective bargaining agreements by type of union security, 1981-821 (W orkers in thousands) All a g reem en ts Type of checko ff Type of union security D ues c h ecko ff only Total A greem ents D ues and assessm ents W o rkers A greem ents W o rkers A greem ents W o rkers A g reem en ts W o rkers All a g r e e m e n ts .............................................. 1,3 2 7 6 ,0 7 0 .5 1,1 3 8 5 ,2 2 4 .9 368 1 ,5 3 6 .9 25 9 9 .8 All union security p ro v is io n s ...................... 1,100 5 ,4 5 4 .5 9 53 4 ,7 5 3 .8 287 1,350.1 23 9 7 .7 Union shop ............................................................ M odified union s h o p .......................................... Union shop and agency s h o p ....................... M odified union shop and agency s h o p .... M odified union shop and m aintenance of m e m b e r s h ip ....................................................... M a in te n a n c e of m e m b e r s h ip ......................... M a in te n a n c e of m em bership and agency s h o p ....................................................................... A gency s h o p .......................................................... M odified agency s h o p ...................................... O th er2 ....................................................................... 7 87 52 37 14 3 ,1 7 2 .2 142 .7 8 9 6 .6 1 08 .0 652 49 35 14 2 ,5 2 0 .6 1 37 .5 876.1 108 .0 174 18 2 3 7 2 6 .9 4 2 .8 2 3.3 13.6 14 2 4 2 .0 2 .5 29 46 86.1 2 0 1 .2 27 45 8 1 .6 1 99 .5 5 12 9.6 19.9 16 87 10 22 4 9 .4 6 3 2 .0 5 6.9 109 .2 16 83 10 22 4 9 .4 6 1 4 .8 5 6 .9 1 09 .2 5 52 7 9 14.9 4 1 1 .0 45.1 4 2 .7 - - - - S ole bargaining3 ............................................... 227 6 1 6 .0 1 85 471.1 81 1 86 .8 2 2.1 Type of c h e c ko ff— C ontinued D ues and initiation fe es A g reem en ts W o rkers W o rkers - - 2 3.5 - - 2 3 2.1 4 7 .5 N o refe re n c e to checko ff D ues, assessm ents, and initiation fe es A g reem en ts - - O th er4 A g reem en ts A greem ents W o rkers W o rkers All a g r e e m e n ts ............................................... 457 1 ,7 2 7 .8 211 9 1 3 .8 77 9 4 6 .4 189 8 4 5 .6 All union security p ro v is io n s ....................... 3 82 1 ,5 1 9 .0 194 8 6 7 .9 67 9 1 9 .0 147 7 0 0 .7 Union shop ............................................................ M odified union s h o p .......................................... Union shop and ag en cy s h o p ....................... M odified union shop and agency s h o p .... M odified union shop and m aintenance of m e m b e r s h ip ....................................................... M ain te n a n c e of m e m b e r s h ip ......................... M a in te n a n c e of m em bership and agency s h o p ....................................................................... A gency s h o p .......................................................... M odified agency shop ...................................... O th er2 ....................................................................... 281 12 11 5 8 3 4 .0 3 1 .5 2 6 6 .3 10.3 133 16 18 6 4 9 2 .3 5 7 .6 164.1 84.1 50 1 4 4 2 5 .3 3.0 4 2 2 .3 135 3 2 6 5 1 .6 5.2 2 0 .5 - - 8 29 13.2 1 71 .7 8 3 2 8 .6 5.0 4 1 2 6.5 2.8 6 20 2 8 2 1.4 132 .8 5.2 3 2.2 2 5 8 .4 15.9 3 11.8 1 3 1 2 2.5 7.6 6.5 2 2 .4 S ole bargaining3 ............................................... 75 2 0 8 .8 17 4 5 .9 10 27.3 - 1 T h e m ajority of a g ree m e n ts w e re scheduled to expire in 1981 or 1982. 2 1 _ 4 4 .5 1.7 _ 17.2 - - - - 42 1 44 .9 required as a condition of em p loym ent. 4 Includes a g ree m e n ts that provide com binations of checko ff provisions, th at refer to c h ecko ff provisions but give no details, or that m ake checko ffs subject to local negotiations. N O TE : B ecau se of rounding, sum s of individual item s m ay not equal totals. 2 Includes a g ree m e n ts that provide com binations of union security provisions or that m ake union security subject to local negotiations. 3 S ole bargaining is an arran g em en t w h ereby the union is recognized as the exclusive bargaining agent for all e m p loyees, union and nonunion in the bargaining unit, but union m em bership is not - - - 54 Table 9. Checkoff provisions in major collective bargaining agreements by region and State, 1981-821 (W o rkers in thousands) All a g reem en ts Type of checko ff R egion and S ta te Total A greem ents D ues ch ecko ff only D ues and assessm ents W o rkers A g reem en ts W orkers A g reem en ts W o rkers A greem ents W o rkers All a g r e e m e n ts ..................................................... 1 ,3 2 7 6 ,0 7 0 .5 1,1 3 8 5 ,2 2 4 .9 368 1 ,5 3 6 .9 25 9 9.8 In terstate2 ...................................................................... 235 2 ,5 9 4 .5 210 2 ,4 1 6 .6 40 3 6 7 .8 6 5 9.7 N e w E n g la n d ............................................................... M ore than 1 S ta te 3 ............................................... C o n n e c tic u t............................................................... M a i n e ........................................................................... M a s s a c h u s e tts ......................................................... R h o d e Island ........................................................... 69 15 24 6 20 4 179 .5 52.1 6 5 .0 10.5 4 6 .2 5.6 67 14 24 6 19 4 177.3 5 0.8 6 5 .0 10.5 4 5 .3 5.6 27 7 8 3 7 2 68.1 2 8.9 21.1 3 .6 11.6 2.9 1 _ _ 1.5 _ _ M iddle A tla n tic ............................................................ M o re than 1 S ta te 3 ............................................... N ew J e r s e y ............................................................... N e w Y ork .................................................................. P e n n s y lv a n ia ............................................................ 249 21 30 117 81 6 4 3 .9 6 3 .6 8 0.9 2 8 5 .8 2 1 3 .5 224 19 28 99 78 5 6 9 .8 60.1 6 9 .9 2 2 9 .9 2 0 9 .8 88 2 14 40 32 2 3 6 .6 9.9 4 6 .0 8 4 .4 9 6.3 E ast N orth C e n t r a l.................................................... M o re than 1 S ta te 3 ............................................... Illin o is ........................................................................... In d ia n a ........................................................................ M ic h ig a n ..................................................................... O hio ............................................................................. W is c o n s in .................................................................. 251 14 66 26 37 62 46 6 6 2 .0 8 3 .8 165 .9 52.1 9 9.6 1 63 .6 9 6 .9 230 12 56 26 35 61 40 5 8 6 .4 5 7.4 1 31 .0 52.1 9 5.4 1 62 .4 8 8 .0 66 2 18 4 9 22 11 171 .4 8 .0 41.1 9.5 2 3.6 6 6 .9 2 2.2 W e s t N orth C e n t r a l................................................... M ore than 1 S ta te 3 ............................................... Iow a ............................................................................. K ansas ........................................................................ M in n e s o ta .................................................................. Missouri ...................................................................... N e b r a s k a ................................................................... S outh D a k o t a ........................................................... 81 7 9 5 31 23 5 1 2 2 5 .8 3 1.4 18.4 12.5 8 3.4 6 5 .4 13.2 1.4 61 5 9 5 19 18 4 20 5 4 1 4 3 3 6 1.7 2 5.7 9.6 1.4 5.2 12.6 7.2 1 169 .7 2 5.7 18.4 12.5 4 7 .7 5 4.7 9.2 1.4 - South A t la n tic .............................................................. M o re than 1 S ta te 3 ............................................... D elaw a re ................................................................... District of C olum bia .............................................. F lo r id a .......................................................................... G e o r g ia ....................................................................... M a r y la n d ..................................................................... North C a r o lin a ......................................................... South C a r o lin a ......................................................... V ir g in ia ........................................................................ W e s t V ir g in ia ............................................................ 97 18 2 7 17 7 7 14 8 12 5 3 0 8 .5 115.9 3 .0 3 3 .8 4 0 .5 2 2 .9 15.8 2 2 .8 11.4 3 5.3 6.7 88 12 2 7 17 6 7 14 6 12 5 2 9 2 .0 105 .2 3 .0 3 3 .8 4 0 .5 19.9 15.8 2 2.8 8 .6 3 5 .3 6.7 39 7 1 2 10 2 2 7 2 4 2 E ast South C entral ................................................... M o re than 1 S ta te 3 ............................................... A la b a m a ..................................................................... K e n tu c k y ..................................................................... M is s is s ip p i................................................................. T e n n e s s e e ................................................................ 46 1 9 8 7 21 9 7 .6 1.8 2 3.3 10.6 2 4 .5 3 7.3 43 1 9 7 6 20 9 0.2 1.8 2 3.3 9.2 2 0 .0 3 5 .8 12 2 2 1 7 9.0 2.4 1.0 14.7 W e s t South C entral .................................................. M o re than 1 S ta te 3 ............................................... A rkansas .................................................................... L o u is ia n a .................................................................... O k la h o m a .................................................................. T e x a s ........................................................................... 75 5 8 14 5 43 1 78 .0 10.8 14.7 3 0 .9 12.8 1 08 .8 63 4 8 13 2 147 .8 9.3 14.7 2 8 .9 5.1 8 9 .8 27 3 3 10 5 9.7 7.3 5.3 2 5 .5 5.1 16.4 36 S e e foo tnotes at end of table. 55 _ 1 1.5 - - 4 _ _ - - 3 1 5.6 2.1 6 1 1 _ 11.0 1.0 1.0 _ 7.8 - - 3 1 8.0 1.0 _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - - 130 .5 6 3 .9 1.2 2.7 2 8.3 7.0 4.8 11.4 2.7 6.1 2.1 1 27.1 _ 2 9 _ 1.8 _ _ _ _ 1 1.8 _ _ _ _ _ _ _ _ _ _ _ _ - - 1 2.8 _ _ _ _ _ _ 1 2.8 - - _ _ _ _ _ _ _ _ - - Table 9. Continued—Checkoff provisions in major collective bargaining agreements by region and State, 1981-821 (W o rkers in thousands) All a g reem en ts Type of checko ff D ues checko ff only Total R egion and S tate A g reem en ts A greem ents M ountain ....................................................................... A r iz o n a ........................................................................ C o lo r a d o ..................................................................... Id a h o ............................................................................ N e v a d a ....................................................................... N e w M e x i c o .............................................................. U tah ............................................................................. 37 8 15 3 4 6 1 9 1.3 3 2.2 37.1 4.1 6.7 9.6 1.5 25 4 10 3 2 6 P a c if ic ............................................................................. M o re than 1 S ta te 3 ............................................... A la s k a .......................................................................... C alifornia .................................................................... H aw aii .......................................................................... O regon ........................................................................ W ashington ............................................................... 187 14 6 121 7 12 27 1 ,0 8 9 .2 73.3 2 6.2 8 3 5 .0 33.1 5 7.8 6 3 .7 127 9 4 85 7 9 13 W o rkers A g reem en ts 5 1.5 10.4 2 3 .8 4.1 3.6 9.6 W o rkers 13 2 6 2 6.2 3.8 15.4 1 4 7 2 3 .4 22.1 2 2.2 610.1 33.1 15.1 2 0 .7 . 1.1 5.8 36 3 3 25 1 3 8 7 .5 7.9 14.6 3 4 9 .2 9.0 4 6.8 T yp e of c h e c ko ff— C ontinued D ues and initiation fees A g reem en ts D ues and assessm ents W o rkers W o rkers W o rkers W o rkers 1 1.1 _ _ 1 1.1 _ _ _ _ 5 14.0 1 2 7.6 4 .2 2 2.3 N o refe re n c e to checko ff D ues, assessm ents, and initiation fe es A g reem en ts A g reem en ts O th er4 A g reem en ts A g reem en ts W orkers W o rkers All a g r e e m e n ts ..................................................... 457 1 ,7 2 7 .8 211 9 1 3 .8 77 9 4 6 .4 189 8 4 5 .6 In terstate2 ...................................................................... 81 7 4 8 .3 67 5 0 8 .2 16 7 3 2 .5 25 177 .8 N ew E ngland ............................................................... M o re than 1 S ta te 3 ............................................... C o n n e c tic u t............................................................... M a i n e ........................................................................... M a s s a c h u s e tts ......................................................... R hod e Island ........................................................... 33 5 13 3 10 2 9 0.4 14.4 3 6 .6 6.9 2 9 .7 2.7 4 2 1 13.2 7.5 3.2 2 4 .0 2 1 2.2 1.3 2 4 .0 1 2.5 1 .9 M iddle A tla n tic ............................................................. M o re than 1 S ta te 3 ............................................... N e w J e r s e y ............................................................... N e w York ................................................................... P e n n s y lv a n ia ............................................................. 73 12 12 26 23 1 57 .7 2 1 .9 2 1 .5 5 6.3 5 7.9 42 4 2 22 14 100 .3 2 6 .3 2.4 4 3 .5 2 8 .0 17 1 67.3 2.0 8 8 3 9.9 2 5.3 25 2 2 18 3 74.1 3.5 11.0 5 5 .9 3 .6 E ast North C e n t r a l.................................................... M o re than 1 S ta te 3 ............................................... Illin o is ........................................................................... In d ia n a ......................................................................... M ichigan ..................................................................... O hio ............................................................................. W is c o n s in .................................................................. 104 5 24 16 17 21 21 2 4 0 .7 2 9 .9 5 4.3 2 6.9 4 8.3 3 7.2 4 4 .0 43 4 9 5 8 11 11 29.1 4 1 1 7 5.6 2 6 .4 3 4.9 4 1 8.1 2.1 1.8 13.6 3.5 21 2 10 2 1 6 134.1 18.5 2 6 .4 13.5 2 1 .6 3 6 .6 17.3 6 4 .2 1.2 8.9 W e s t N orth C e n t r a l................................................... M o re than 1 S ta te 3 ............................................... Io w a ............................................................................. K ansas ........................................................................ 24 6 9.7 14 25.1 3 13.1 20 2 56.1 5.7 4 3 9 7.2 9.0 3 0.9 1 1.5 1 5 9.0 2.1 2.5 12 3 5.7 M in n e s o ta .................................................................. S e e foo tnotes at end of table. 56 1 Table 9. Continued—Checkoff provisions in major collective bargaining agreements by region and State, 1981-82 (W orkers in thousands) Type of c h e c ko ff— C ontinued Region and S tate D ues and initiation fees A greem ents W e s t N orth C e n tra l— C ontinued M is s o u r i...................................................................... N e b r a s k a ................................................................... South D a k o t a ........................................................... W orkers 8 - - - South A t la n tic .............................................................. M ore than 1 S ta te 3 ............................................... D elaw a re .................................................................... District of Colum bia .............................................. F lo r id a .......................................................................... G e o r g ia ....................................................................... M a ry la n d ..................................................................... N orth C arolina ......................................................... South C a r o lin a ......................................................... V ir g in ia ........................................................................ W e s t V ir g in ia ............................................................ 31 3 1 1 6 1 4 6 3 6 East South C entral ................................................... M ore than 1 S ta te 3 ............................................... A la b a m a ..................................................................... K e n tu c k y ..................................................................... M is s is s ip p i................................................................. T e n n e s s e e ................................................................ 23 1 2 4 4 12 4 9 .5 1.8 6.8 4 .7 16.2 19.9 W e s t South C entral ................................................. M ore than 1 S ta te 3 ............................................... A rkansas .................................................................... L o u is ia n a ................................................................... O k la h o m a .................................................................. Tex a s ........................................................................... 22 1 3 1 - 46.1 2.0 5.8 1.1 17 37.1 M ountain ....................................................................... 6 1 14.3 5.0 A riz o n a ........................................................................ C o lo r a d o ..................................................................... Id a h o ............................................................................ N e v a d a ....................................................................... N ew M e x i c o .............................................................. U tah ............................................................................. P a c if ic ............................................................................. M ore than 1 S ta te 3 ............................................... A la s k a .......................................................................... California .................................................................... H aw aii .......................................................................... O regon ........................................................................ W ashington ............................................................... - Dues, assessm ents, and initiation fe es A g reem en ts 2 2.5 - 9 3.2 3 5.3 1.8 10.0 10.1 1.8 9.5 9.2 4.4 10.9 - - 13 1 - 5 2.8 4.0 _ 4 1 - 13.6 1.9 _ 2 1 1 1 1 1 2 3 17.5 2.0 1.3 1.5 2.2 1.4 18.3 4 .6 1 - 1.8 5 1 - - 9 6 - - - - - - - - - - - 1 - - 6 .2 2.1 1 - - 1 1.2 - - 8 2 7.7 - 6 - 14.3 - 1 2 1.3 2.3 1 - - - 9.5 - - 5 2 3 1.2 1.2 - - 3 0.2 1.5 2.1 - - 24.1 5 12.1 1 3 7 2.0 7.7 19.0 1.5 4 1 3 8.4 1.6 6.8 3 9.7 2 1.8 13.3 _ - _ _ _ _ _ 12 4 5 _ _ _ _ - - - - 1 - 1.5 1 1.5 60 3 6 5 .8 51.2 4.0 2 2 4 .8 - 4 1 .2 _ - 13 - 6 2 .8 _ 38 169 .8 11.9 14.1 9 3 1 2 8 .0 12.2 1.0 11 58.9 - 36 - 3.9 14 - 2 3.1 _ 13 _ - - - 2 2 1 7 .7 14.2 - - 7.4 - 12 1 - _ - 2.8 1.4 4.5 1.5 1 _ 3.0 - 1 1 1 - - 7.7 16.5 10.7 _ - 1 9.8 60 6 - 3 8 5 10.7 4.0 - - - 8.5 W o rkers 2 - 4 1 1 T h e m ajority of ag ree m e n ts w e re sch eduled to expire in 1981 or 1982. 2 Each of th ese a g reem en ts covers 2 or m ore plants located in different regions. 3 Each of th ese ag ree m e n ts covers 2 or m ore plants located in different S ta tes in the sam e region; w orker distribution by S ta te not available. _ - - W o rkers 1 _ 6 3.0 2.5 3.8 A greem ents A g reem en ts 11.1 2.0 1.4 - - 2 1 2 W o rkers O th er4 6 1 1 - - No referen ce to checko ff - 5 2 3 4 2 .6 4 3 .0 4 Includes a g ree m e n ts that provide com binations of checkoff provisions, that refer to checko ff provisions but give no details, or that m ake checko ffs subject to local negotiations. N O TE : totals. 57 B ecause of rounding, sum s of individual item s m ay not equal Table 10. Checkoff provisions in sample of major collective bargaining agreements by coverage of States with and without right-to-work laws, 1981-821 (Workers in thousands) Type of checkoff All agreements Total State coverage Agreements Agreements All agreements............................................ All employees covered in States without right-to-work law s.......................................... All employees covered in States with right-to-work law s.......................................... Mixed coverage................................................ Coverage not know n....................................... Dues checkoff only Agreements Workers Workers Workers 2,573.9 421 2,244.4 114 464.7 8 24.5 351 1,262.2 309 1,039.9 81 274.4 7 23.4 72 50 3 157.5 966.8 187.3 66 43 3 144.9 872.2 187.3 25 7 1 59.3 128.7 2.3 1 1.1 Agreements No reference to checkoff Dues, assessments, and initiation fees Dues and initiation fees All employees covered in States without right-to-work law s.......................................... All employees covered in States with right-to-work law s.......................................... Mixed coverage................................................ Coverage not known ....................................... Agreements 476 Type of checkoff—Continued All agreements............................................ Dues and assessments Workers Workers Agreements Other1 2 Agreements Workers Agreements Workers Workers 162 667.2 65 177.6 72 910.2 55 329.5 123 371.4 47 118.4 51 252.2 42 222.3 22 17 47.8 248.0 8 10 13.5 45.6 11 8 2 24.2 448.8 185.0 6 7 12.6 94.5 1 The majority of agreements were scheduled to expire in 1981 or provisions, that refer to checkoff provisions but give no details, or that 1982. make checkoffs subject to local negotiations. 2 Includes agreements that provide combinations of checkoff Table 11. Checkoff authorization and renewal provisions in sample of major collective bargaining agreements, 1981-821 (Workers in thousands) With renewal provision Total Without renewal provision Checkoff authorization Agreements Workers Agreements Workers Agreements Workers Agreements with checkoff provisions.................................. 421 2,244.4 96 763.1 325 1,481.2 Agreements with provision for term of authorization......... 199 1,174.3 96 763.1 103 411.2 Revocable at any tim e ........................................................ Revocable at end of contract ............................................ Revocable upon short notice............................................. Revocable during specified period in each contract year...................................................................... Revocable at end of stated time period or end of contract whichever comes first .......................... Irrevocable for period of 1 year or until term of agreement, revocable thereafter....................... Irrevocable for successive periods of 1 year or term of agreement, unless revoked during annual escape period........................................... O ther...................................................................................... 28 8 9 87.4 15.2 40.4 _ - - - - 28 8 9 87.4 15.2 40.4 16 34.2 6 12.3 10 21.9 46 184.8 14 52.8 32 131.9 11 19.4 3 7.2 8 12.1 77 4 781.9 10.9 72 1 687.2 3.5 5 3 94.7 7.4 1 The majority of agreements were scheduled to expire in 1981 or 1982. totals. 58 _ NOTE: Because of rounding, sums of individual items may not equal Appendix A. Selected Union Security and Dues Checkoff Provisions agreement shall be signed cards in the form agreed to by the company and the union. To illustrate how union security and dues checkoff provisions may appear in an agreement, sections of several agreements are reproduced here in their entirety. Intervening, irrelevant clauses have been deleted. Agreement between Employer: General Electric Company Union: Auto Workers Expiration date: July 1982 (b) Subject to applicable law, all employees who, as of the date of this agreement are members of the union in good standing in accordance with the constitution and by-laws of the union or who become members of the union following the effective date of this agreement, shall, as a condition of employment, remain members of the union in good standing insofar as the payment of periodic dues and initiation fees, uniformly required, is concerned. (b) Subject to applicable law, individual authoriza tions executed after the effective date of this S.S.N o. _________________ I hereby cancel any authorization heretofore given to you to deduct my union membership dues from my earnings. For each month during which I work for the General Electric Company while this assignment is in effect, I hereby assign, from my earnings now or hereafter payable to me from the company, to Local No. 647 of the International U nion, United A utom obile, Aerospace and Agricultural Implement Workers of America, my union membership dues (as certified to the company by the Local, such certification by said Local, shall constitute an absolute defense to the company as to any claim by the undersigned or said Local that such dues have been illegally assessed or levied) and I hereby authorize and direct you to deduct such membership dues from my earnings and pay the same from my ac count to such Local. You are hereby authorized to deduct such membership dues from my earnings payable the first day of each month but if not so then deducted in any particular month, you are then authorized to make such deduction from my earnings payable in any subsequent month. Subject to applicable law, I reserve the right to revoke this authorization by individual notice in writing mailed by registered or certified letter to the company and the Local postmarked no earlier than September 21 and no later than September 30 both dates inclusive, of any year during which this Agreement is in effect, or of any Union Dues Deduction Authorization The company, for each of its employees in cluded within the bargaining unit recognized by the company pursuant to Article 1 hereof, who individually, in writing, duly authorizes the company paymaster to do so, will deduct from the first pay of each month, union dues (includ ing initiation fee, if any) for such employee’s membership in the Local and shall remit prompt ly to the local all such deductions. EVENDALE PLANT TO PAYMASTER: With respect to maintenance of union membership as a condition of employment under this agreement, as provided for in Section 1 (a) of this Article, an employee may resign from the union between June 18 and June 27, 1982, or 10 days prior to the termination date o f each succeeding applicable collective bargaining agreement between the parties by in dividual notice in writing mailed by registered or certified letter to the local with a copy to the company. (a) D A T E ___________________ Assignment to, and Authorization to Deduct and Pay Union Dues to Local 647 of the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America Maintenance of Membership (a) GENERAL ELECTRIC 59 any employee because of the employee’s membership in the union or because the employee is acting as a re presentative of the union. year during the term of each succeeding applicable col lective bargaining agreement between the parties hereto, or 10 days prior to the termination date of each such succeeding agreement. 2. The union agrees that neither its officers nor its members, nor persons employed directly or indirectly by the union, will intimidate or coerce employees; nor will it solicit members on com pany time. 3. Neither the company nor the union shall discriminate in the application of the provisions of this agreement against any employee because of race, color, sex, religion, martial status, age national origin, or ancestry. 4. Neither the company nor the union shall dis criminate in the application of the provisions of this agreement against any employee because of physical or mental handicap or because he/she is a dis abled veteran or veteran of the Vietnam era in regard to any position for which the employee is qualified. BADGE NO. _______________________________________ Signature of Employee The term “ dues,” as used herein, will include only that regular payment required equally of all members, which has been certified in writing to the company by a duly authorized official of Local 647, as the amount designated as membership dues pursuant to the Con stitution o f the International U nion, United Automobile, Aerospace and Agricultural Implement Workers of America and the Constitution and by-laws of Local 647. Excluded specifically from any authorization of deductions are fines, penalties, contributions, assessments, or similar types of payments. The parties agree that check off forms authorized under prior agreement will be honored by the company and that the certification by the Local of the dues to be deducted under such check off authorizations con stitutes an absolute defense to the company of any claim by the employees or the Local that such dues have been illegally assessed or levied. Agreement between Employer: Marine Towing and Transportation Employers’ Association Union: Maritime Union Expiration date: February 1982 Assignment to, and Authorization to Deduct and Pay Union Initiation Fee to, Local 647 of the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America Section 3. Hiring Employees During the life of this agreement, the employers shall be the sole judge of whether applicants for employment are satisfactory, qualified, competent and experienced. When a vacancy exists in the deck, engine, or steward’s department, the employer will promptly notify the union of the vacancy in order that the union may have the opportunity of referring qualified ap plicants to the employer, and the union may consider that a vacancy has not been filled until the employer notifies the union of the name of the person who has been employed. The union represents that it will con duct its hiring halls in a manner that will not violate the National Labor Relations Act. I further hereby assign, from my earnings now or hereafter payable to me from the General Electric Com pany, to Local 647 of the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, the sum of $_____ as my union initiation fee and I hereby authorize and direct you to deduct such sum from my earnings and pay the sum for my account to such Local. You are authorized to deduct such sum from my earnings payable the first payday of the month immediately following the date of this assignment and authorization, but if not so then deducted, you are authorized to make such deduction from my earnings payable in any subsequent month. Section 4. Non-Discrimination The employers and the union agree that there will be no discrimination against any employee or applicant for employment because of race, creed, color, sex or na tional origin. Ths non-discriminatory policy will include but not be limited to the following: employment, upgrading, demotion or tranfer, lay-off or termination, rates of pay or forms of compensation, recruitment or recruitment advertising, and selection for training, in cluding apprenticeship. BADGE NO. _______________________________________ Signature of Employee Discrimination and Coercion 1. There shall be no discrimination by supervisors, managers or other agents of the company against 60 Section 5. Union Shop All present employees covered by this contract shall be required to be or become members of the union within 31 days after April 1,1979, and, thereafter, to re main members of the union in good standing as a condi tion of continued employment. All new employees hired after April 1, 1979, shall be required to become members of the union within 31 days of their date of hire, and, thereafter, to remain members of the union in good standing as a condition of continued employment. The employers agree that, insofar as they may lawfully do so, they will give full effect to this Section. On or before May 1, 1979, each employer will furnish to the union a list of the names of all employees who were covered by this contract on April 1, 1979. Thereafter, each employer will furnish the union with a copy of the monthly basic pension and insurance report that it fur nishes to the Administrator of the N.Y. Marine Towing and Transportation Industry Pension and Insurance Funds. Upon the union’s written notice to any employer that an employee is delinquent by reason of his non-payment o f the regular uniform dues or initiation fee, the employer shall promptly discharge said delinquent employee. If an employer fails to discharge such employee after said written notice by the union, the union shall be free to strike the employer which strike shall not violate the “ no strike clause” and shall not be subject to the grievance and arbitration machinery of this contract. Agreement between Employer: United Parcel Service, Inc. Union: Teamsters Expiration date: April 1982 Section 2— Union Shop and Dues All present employees who are members of the local union on the effective date of this subsection or on the date of execution of this agreement, whichever is the later, shall remain members of the local union in good standing as a condition of employment. All present employees who are not members of the local union and all employees who are hired hereafter, shall become and remain members in good standing of the local union as a condition of employment on and after the 31st day following the beginning of their employment or on and after the 31st day following the effective date of this subsection or the date of this agreement, whichever is the later. An employee who has failed to acquire, or thereafter maintain membership in the union, as herein provided, shall be terminated 72 hours after the employer has received written notice from an authorized representative of the local union, certifying that membership has been, and is continuing to be offered to such employees on the same basis as all other members, and, further that the employee has had notice and op portunity to make all dues or initiation fee payments. This provision shall be made and become effective as of such time as it may be made and become effective under the provision of the National Labor Relations Act, but not retroactively. No provision of this Article shall apply to the extent that it may be prohibited by State law. Section 3— Dues Check Off The employer agrees to deduct from the pay of all employees covered by this agreement the dues, initiation fees and or uniform assessments of the local union hav ing jurisdiction over such employee and agrees to remit to said local union all such deductions prior to the end of the month for which the deduction is made except DRIVE deductions which shall be made annually. Union dues deductions shall be made from vacation checks when employees are on vacation during the week in which such union dues deductions are made. Where law requires written authorization by the employee, the same is to be furnished in the form required. No deduc tion shall be made which is prohibited by applicable law. Where an employee who is on checkoff is not on the payroll during the week in which the deduction is to be made, or who has no earnings or insufficient earn ings during the week or is on leave of absence, the employee must make arrangements with the union to pay such dues in advance. Dues shall be deducted during the first week of the month and be remitted to the local union prior to the end of the same month. On written request of the employee, payroll deductions will be made to purchase U.S. savings bonds for said employee. The employer agrees to deduct certain specific amounts each week from the wages of those employees who shall have given the employer written notice to make such deductions. The amount so deducted shall be remitted to the applicable credit union once each month or weekly. The employer shall not make deductions and shall not be responsible for remittance to the credit union for any deductions for those weeks during which the employee’s earnings shall be less than the amount authorized for deductions. In the event the employer has been determined to be in violation of this article by a decision in the grievance procedure, and if such employer subsequently is in violation thereof after receipt of 72 hours written notice of specific delinquencies, the local union may strike to enforce this article. However, such strike shall be ter minated upon the delivery thereof. Errors or inadver tent omissions relating to individual employees shall not constitute a violation. The local union shall certify to the employer in writing each month a list of its members working for the employer who have furnished to the employer the re quired authorization, together with an itemized state 61 union shall have determined that the membrship of such employee in the union is not in good standing and shall have given the company a notice in writing of the fact. In states in which the foregoing provisions may not lawfully be enforced, the following provisions, to the extent that they are lawful, shall apply: ment of dues, initiation fees (full or installment), or uniform assessment owed and to be deducted for such month from the pay of such member, and the employer shall deduct such amount from the first paycheck following receipt of statement of certification of the member and remit to the local union in one lump sum. It is further agreed that the employer shall add to the list submitted by the local union the names of all new employees and those hired since the last list was submit ted and delete the names of employees who are no longer employed. The above shall be the practice unless otherwise mutually agreed upon. Each employee who would be required to ac quire or maintain membership in the union if the fore going union security provisions could lawfully be enforced, and who fails voluntarily to acquire or maintain membership in the union, shall be required as a condition of employment, beginning on the 30th day following the beginning of such employment or the date of this agreement, whichever is later, to pay to the union each month a service charge as a condition toward the administration of this agreement and the representation of such employees. The service charge for the first month shall be in amount equal to the union’s regular and usual initiation fee and monthly dues, and for each month thereafter in an amount equal to the regular and usual monthly dues. The foregoing provisions shall be effective in ac cordance and consistent with applicable provisions of federal and state law. Agreement between Employer: Pullman Standard Union: Steelworkers Expiration date: April 1981 Union Membership Each employee who on the effective date of this agreement is a member of the union in good standing and each employee who becomes a member after that date shall, as a condition of employment, maintain his membership in the union. Each employee hired on or after September 1, 1956 shall, as a condition of employment, beginning on the 30th day following the beginning of such employment acquire and maintain membership in the union. Such employee shall sign and furnish to the company at the time of his employment, an application card, in duplicate, for membership in the union, in a form agreed to in writing by the company and the union. A copy of such card shall be furnished to the employee. Such application card shall provide that it shall not become effective until the expiration of 30 days after the date of employment. One signed copy of the application card filed at the time of employment with the company shall be turned over to the union. On or before the last day of each month the union shall submit to the company a notarized list showing separately for each plant the name, department symbol and check or badge number of each employee who shall have become a member of the union in good standing other than through the procedures pursuant to Paragraph 2 above, since the last previous list of such members was furnished to the company. The company shall continue to rely upon the membership lists which have been certified to it by the union as of October 20, 1954, subject to revision by the addition of new members certified to it by the union between such date and the date of this agreement and to the deletion of the names of employees who have withdrawn from membership during such period. For the purpose of this section, an employee shall not be deemed to have lost his membership in the union in good standing until the International Treasurer of the Checkoff The company will check off monthly dues, as sessments and initiation fees each as designated by the International Treasurer of the union, as membership dues in the union, on the basis of individually signed voluntary checkoff authorization cards in forms agreed to by the company and the union. At the time of his employment, the company will sug gest that each new employee voluntarily execute an authorization for the checkoff of union dues in the form agreed upon. A copy of such authorization card for the checkoff of union dues shall he forwarded to the Finan cial Secretary of the local union along with the member ship application of such employee. New checkoff authorization cards other than those provided for by Paragraph 2 above will be submitted to the company through the Financial Secretaries of the local unions at intervals no more frequent than once each month. On or before the last day of each month the union shall submit to the company a summary list of cards transmitted in each month. Deductions on the basis of authorization cards sub mitted to the company shall commence with respect to dues for the month in which the company receives such authorization card or in which such card becomes effec tive, whichever is later. Dues for a given month shall be deducted from the first pay closed and calculated in the succeeding month. In cases of earnings insufficient to cover deduction of dues, the dues shall be deducted from the next pay in which there are sufficient earnings, or a double deduc tion may be made from the first pay of the following 62 month, provided, however, that the accumulation o f dues shall be limited to two months. The International Treasurer shall be provided with a list of those employees from whom double deduction has been made. The union will be notified o f the reason for non transmission of dues in case of interplant transfer, layoff, discharge, resignation, leave of absence, sick leave, retirement, or insufficient earnings. Unless the company is otherwise notified, the only union membership dues to be deducted for payment to the union from the pay of the employee who has fur nished an authorization shall be the monthly union dues. The company will deduct initiation fees when notified by notation on the lists referred to in Paragraph 3 above, and assessments as designated by the Interna tional Treasurer. With respect to checkoff author ization cards submitted directly to the company, the company will deduct initiation fees unless specifically requested not to do so by the International Treasurer of the union after such checkoff authoriation cards have become effective. The International Treasurer of the union shall be provided with a list of those employees for whom initiation fees have been deducted under this paragraph. The parties will make mutually satisfactory ar rangements at the local level to insure that those employees who have signed effective checkoff authorizations will be picked up so long as the company is not required to compile additional records. The parties shall make such arrangements as may be necessary to adapt the foregoing checkoff provisions to the checkoff of the service charge referred to above, pursuant to voluntary authorizations therefor. The provisions of this Subsection B shall be effective in accordance and consistent with applicable provisions of federal law. CHECK-OFF 5-1 On receipt o f written authorization from an employee covered by this agreement, the com pany will deduct from the employee’s pay earned during the first pay period in each m onth, union dues in an amount designated in writing by the union, a n d /o r initiation fees in the amount as specified on individually signed author ization, unless notified to the contrary in writing by the employee during the revocation periods set forth in the written authorization, or if he or she becomes ineligible for member ship by reason of transfer or rehire to a job excluded from the bargaining unit. An employee desiring to withdraw during the revocation periods shall notify the company and the union by registered mail, return receipt requested. 5-2 The company will promptly remit to the Financial Secretary o f the union, the total deductions from the payroll for all employees where the company has the specified written authorization prior to the 25th day of the month prior to the month in which the deduction is authorized. 5-3 It is agreed that the deductions are made for the convenience of the union and that the company will not be held responsible for errors or omissions under any circumstances. 5-4 The parties agree that the check-off authorization shall be in the following form which is provided by the union: VOLUNTARY CHECK-OFF AUTHORIZATION AND ASSIGNMENT Indemnity Clause The union shall indemnify and save the company harmless against any and all claims, demands, suits, or other forms of liability that shall arise out of or by reason of action taken or not taken by the company for the purpose of complying with any of the provisions of this Section, or in reliance on any list, notice or assign ment furnished under any of such provisions. Name ___________________ Employee N o .______________ I hereby authorize TIMEX Corporation to deduct from my wages earned during the first pay period in the month of, 1 9 _ th e sum of $___it being my INITIA TION or REINSTATEMENT FEE which is due Local Lodge No. 921, International Association of Machinists and Aerospace Workers, AFL-CIO. I furthermore authorize TIMEX Corporation to deduct thereafter each month a designated amount, it being the regular dues of Local Lodge No. 921, International Association o f Machinists and Aerospace Workers, AFL-CIO. The above sums deducted are assigned to Local Lodge No.921 o f the International Association of Machinists and Aerospace Workers and are to be mailed to the Financial Secretary of the union. The Financial Agreement between Employer: Timex Corporation Union: Machinists Expiration date: December 1981 RECOGNITION The company recognizes the union as the sole and ex clusive bargaining agent for the purpose of collective bargaining in respect to rates of pay, wages, hours of employment and other conditions pertaining to employ ment for all of the employees in the unit hereinafter set forth in Case No. 32-RC-446, certification dated July 7, 1952. 63 union amounts equal to the periodic dues applicable to members for the period from such effective date or, in the case of employees entering into the bargaining unit after the effectibe date, on or after the 30th day after such entrance, which ever of these dates is later, until the termination of this agreement. Secretary will, under the seal of the Lodge, notify the company in writing the designated amount to deduct for regular monthly dues. I submit this authorization and assignment with the understanding that it will be effective and irrevocable up to the anniversary date of the current collective bargain ing agreement, except that I reserve the right to revoke this authorization within 15 days after I receive a regular pay check showing a change in dues. This authorization and assignment shall continue in full force and effect for yearly periods beyond the ir revocable period set forth above, and each subsequent yearly period shall be similarly irrevocable, unless revoked by me within 15 days after any irrevocable period hereof, provided the collective bargaining agree ment between the company and the union is renewed or extended with this authorization in its present form. Such revocation shall be effected by written notice to the EMPLOYER and the UNION within such 15-day period. Each employee who is a member of the bargain ing unit on or before the effective date of this agreement and who on the effective date of of this agreement was not required as a condition of employment to pay or tender to the union amounts equal to the periodic dues applicable to members, shall, as a condition of employment, pay or tender to the union amounts equal to the periodic dues applicable to members for the period beginning 30 days after the effective date of this agreement, until the termination of this agreement. 2. Signature__________________D ate______________________ Witness __________________ 5-5 5-6 It is agreed that the authorization form set out in Section 5-4 above is the only authorized form. Any other form filed with the company during pre ceding contracts between the company and the union will be canceled as of June 1, 1964. ** The term “ formal separation” includes transfers out of the bargaining unit, removal from the payroll of the company, and leaves of absence of more than 1 month duration. In the event an employee has a signed author ization but has no pay due him during the pay period in which payroll deduction is made for any reason other than illness, the company agrees to double deduct on the following regular deduc tion period for union dues, provided that the union furnishes to the company a written listing of em ployees for who such double deduction shall be made no later than the 25th day of the month prior to the month in which the double deduction is to be made. On the absentee listing currently furnished to the union each month, the company will indicate the reason for said absence. Article 30- Payroll Deduction of Union Dues 1. An employee who wishes to have the company deduct the amount of regular monthly union dues from the employee’s pay for transmittal to the union shall execute an authorization card to be furnished by the union in the form attached. 2. The amounts of monthly union dues for (a) “ A ” membership and (b) “ B” membership will be certi fied to the company in writing from time to time by the Financial Secretary of the union. The amounts so certified shall be uniform for each type of member ship. A certification from the Financial Secretary of the union which changes the amount of union dues shall become effective the 1st day of the fiscal month following a period of 30 days from the date the company receives such certification. 3. One deduction in respect to the current m onth’s union dues will be made from the wages paid in the 2nd week of each fiscal month for the full amount of such union dues, provided the author ization is received in the payroll organization at least 2 weeks in advance of the scheduled deduc tion period, and provided there is sufficient pay available to cover the same for the full amount Article 29 - Agency Shop* Each employee who is a member of the union or who is obligated to tender to the union amounts equal to periodic dues on the effective date of this agreement, or who later becomes a member, and all employees entering into the bargaining unit on or after the effective date of this agreement, shall as a condition of employment pay or tender to the employment specified above periods of formal separation** unit by any such employee such employee on the 30th her return to the bargaining * Where permitted by law. Agreement between Employer: Western Electric Company Union: Electrical Workers (IBEW) Expiraton date: August 1983 1. The condition of shall not apply during from the bargaining but shall reapply to day following his or unit. 64 authorized, after the following deductions have been made: (a) the fiscal month following the date on which the com pany receives such authorization or letter. Those required by law. (b) AUTHORIZATION TO MAKE PAYROLL DEDUCTIONS FOR UNION MEMBERSHIP DUES Those authorized by employees for life and hospitalization insurance premiums. If the scheduled deduction for union dues cannot be made in the 2nd fiscal week, the full amount of the deduction will be made from the employee’s pay in any succeeding week in the current fiscal month in which there is sufficient pay. Deductions will not be made in respect to any prior months’ union dues except when the company through error or oversight failed to make the deduction in any such month. 4. PLEASE PRINT IN INK Name_______________________________ S.S. N o_________ Last First Middle Initial Dept. __________Clock No_______ Payroll Section N o_____ TO WESTERN ELECTRIC COMPANY, INC., HAWTHORNE WORKS, CHICAGO, ILLINOIS Within the 1st fiscal week following the week in which the regular monthly deduction has been made, the company shall deliver to the union a check for the amount due, payable to the union, accompanied by a list showing the names of employees from whose pay: 4.1 I hereby authorize the WESTERN ELECTRIC COMPANY, INCORPORATED, to deduct each month an amount equal to that certified to the company by the Financial Secretary of the union as the “ A ” membership dues from any wages earned, or to be earn ed by me as an employee on the payroll of the W ESTERN ELEC TR IC COM PANY, IN C O R PORATED, HAWTHORNE WORKS, CHICAGO, ILLINOIS, represented by the union, and remit same to the Financial Secretary of Local Union No. 1859, IN TERNATIONAL BROTHERHOOD OF ELEC TRICAL WORKERS (AFL-CIO). I hereby revoke any prior authorization respecting union membership dues deductions. This authorization shall become effective and shall continue in effect under the terms of the applicable collective bargaining agree ment between the WESTERN ELECTRIC COM PANY, INCORPORATED, and Local Union No. 1859 of the INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS (AFL-CIO), except that this authorization may be revoked by me at any time either through deliver to the company of a properly ex ecuted “ Authorization to Discontinue Payroll Deduc tions” furnished by the union or by means of a written notice to the company by registered U.S. mail, return receipt requested. I recognize that the acceptance by the company of this authorization is under the conditions of the current ap plicable collective bargaining agreement. Regular deductions have been made. 4.2 No deduction has been made because of can cellation of authorization. 4.3 No deduction has been made because of revoca tion of authorization. 4.4 No deduction has been made because of insuffi cient earnings in this pay period. 4.5 Deduction has been made for a prior month. 5. An authorization by an employee for deduction of union dues shall be canceled automatically when such employee is transferred out of the bargaining unit, or is removed from the local payroll of the company, or goes on a leave of absence for more than 1 month, and there shall be no obligation on the part of the company to continue authorizations in effect in the absence of an applicable collective bargaining agreement. 6. An authorization by an employee for deduction of union dues may be revoked either. (a) (b) By execution and delivery to the company of an individual authorization to discontinue pay roll deductions of the employee’s union dues in the form attached, or Membership Card N o . _____________________________ Signature of Employee By means of an individual letter to the com pany sent by the employee by registered mail, return receipt requested. TO BE FILLED IN BY THE COMPANY Such revocation shall be effective on the 1st of D ate_____________ 19______ Date Received _________________ 65 AUTHORIZATION TO MAKE PAYROLL DEDUCTIONS FOR UNION MEMBERSHIP DUES PLEASE PRINT IN INK Membership Card N o . _____________________________ Signature of Employee D ate_____________ 19______ TO BE FILLED IN BY THE COMPANY Name_______________________________ S.S. N o------------Last First Middle Initial Date Received _________________ Dept. __________Clock N o_______ Payroll Section N o_____ AUTHORIZATION TO MAKE PAYROLL DEDUCTIONS FOR UNION MEMBERSHIP DUES FOR LOCAL 1859 TO WESTERN ELECTRIC COMPANY, INC., HAWTHORNE WORKS, CHICAGO, ILLINOIS PLEASE PRINT IN INK I hereby authorize the WESTERN ELECTRIC COMPANY, INCORPORATED, to deduct each month an amount equal to that certified to the company by the Financial Secretary of the union as the “ BA” membership dues from any wages earned, or to be earn ed by me as an employee on the payroll of the W ESTERN ELE C TR IC CO M PA N Y , IN C O R PORATED, HAWTHORNE WORKS, CHICAGO, ILLNOIS, represented by the union, and remit same to the Financial Secretary of Local Union No. 1859, IN TERNATIONAL BROTHERHOOD OF ELEC TRICAL WORKERS (AFL-CIO). I hereby revoke any prior authorization respecting union membership dues deductions. This authorization respecting union membership dues deductions. This authorization shall become effective and shall continue in effect under the terms of the applicable collective bargaining agreement between the WESTERN ELEC TRIC COMPANY, INCORPORATED, and Local U nion N o. 1859 o f the IN TER N A TIO N A L BROTHERHOOD OF ELECTRICAL WORKERS (AFL-CIO), except that this authorization may be revoked by me at any time either through delivery to the company of a properly executed “ Authorization to Discontinue Payroll Deductions” furnished by the union or by means of a written notice to the company by registered U.S. mail, return receipt requested. I recognize that the acceptance by the company of this authorization is under the conditions of the current ap plicable collective bargaining agreement. D ate_____________ 19______ Name_______________________________ S.S. N o_________ Last First Middle Initial Dept. _________ Clock N o_______ Payroll Section N o_____ TO WESTERN ELECTRIC COMPANY, INC., HAWTHORNE WORKS, CHICAGO, ILLINOIS I hereby revoke any existing AUTHORIZATION TO MAKE PAYROLL DEDUCTIONS made by me with respect to monthly union membership dues and direct the WESTERN ELECTRIC COMPANY, INCOR PORATED, to cease making such payroll deductions from my pay. It is understood and agreed that the WESTERN ELECTRIC COMPANY, INCORPORATED, assumes no responsibility or obligation hereby, other than to discontinue all deductions in accordance with this authorization, and the terms of the applicable collective bargaining agreement. Membership Card N o . _____________________________ Signature of Employee TO BE FILLED IN BY THE COMPANY Date Received __________________ 66 Appendix B. Identification of Clauses All unions are affiliated with the AFL—CIO except those designated as (Ind.) Clause number 1 0 ......GTE General Telephone Co. of Illinois, 111........................October 1982 Electrical Workers (IBEW) 1 1 ......Scott Paper Co., S.D. Warren Co. Division, Westbrook, M a in e ..............May 1981 Paperworkers (UPIU) Expiration date 1 ........ Hotel Employees Association of San Francisco, San Francisco, C a lif...........August 1983 Services Employees (SEIU) 1 2 ......CF & I Steel Corp., Pueblo, C o lo ........................August 1983 Steelworkers (USA) 2 ........ Independent Cloth Hat and Cap Companies, New York, N .Y ....................June 1982 Hatters (HCMW) 1 3 ......Merck & Co., Inc., N .J. and P a ..........................April 1981 Oil, Chemical and Atomic Workers (OCAW) 3 ......Associated General Contractors of America, Inc., New Mexico Chapter, N. M ex.................. March 1984 Laborers (LIUNA) 1 4 ......American Hospital Supplies Corp., Hamilton Industries Division, Two Rivers, W is ..................July 1982 Carpenters (CJA) 4 ......Desoto, Inc., Fort Smith Furniture Division, Fort Smith, Ark ..................February 1981 Furniture Workers (UFWA) 5 6 1 5 ......Associated Hospitals of the East Bay, Inc., San Francisco, C alif....................December 1982 Nurses (ANA) (Ind.) ......American Broadcasting Co., Inc., Master Agreement, In terstate..............................March 1981 Broadcast Employees and Technicians (NABET) 1 6 ......Aluminum Co. of America, In terstate ............................. May 1983 Aluminum Workers (AWU) 1 7 ......General Electric Co., Evendale, O h io ....................July 1982 Auto Workers (UAW) ................Del Monte Corp., Salem, Oreg. and Vancouver, W ash.................................... Teamsters (IBT) (Ind.) 1 8 ......Union Carbide Corp., Metals Division, Marietta, Ohio .. .August 1981 Oil, Chemical and Atomic Workers (OCAW) 7 .. .. .Johns Manville Sales Corp., Waukegan, 111.................... Chemical Workers (ICW) 8 ........ Sports Agreement, Northern C a lif ....................September 1982 Ladies’ Garment Workers (ILGWU) 1 9 ......Kerr-McGee Nuclear Corp., Grants Uranium Operation, Grants, N. M ex ....................April 1982 Oil, Chemical and Atomic Workers (OCAW) 9 ........ Philip Morris U.S.A., Louisville, K y ......................January 1983 Bakery, Confectionery and Tobacco Workers (BCTW) 2 0 ........ Sun Shipbuilding and Drydock Co., Chester, P a ..................January 1982 Boilermakers (BBF) 67 2 1 ...... Washington Post Co., Washington, D .C................. July 1982 Newspaper Guild (TNG) 3 5 ......Longview Fibre Co., Longview, W a sh ..................May 1981 Western Pulp and Paper Workers (WPPW) (Ind.) 2 2 ......General Electric Co., National Agreement In te rsta te ............................. July 1982 Electrical Workers (IUE) 3 6 ......ICI Americas, Inc., Army Ammunition Plant, Charlestown, I n d ................November 1982 Chemical Workers (ICW) Firemen and Oilers (IBFO) 2 3 ......Consolidated Gas Supply Corp., Interstate................. October 1982 Service Employees (SEIU) 3 7 ......Associated General Contractors of America, Western Central Area, Seattle and Tacoma, Wash. .May 1981 Carpenters (CJA) 2 4 ......Westinghouse Electric Corp., Beaver Plant, Beaver, Pa . . . July 1982 Electrical Workers (IBEW) 2 5 ......Cincinnati Gas and Electric Co., and Union Light, Heat and Power Co., Southern O h io ......................March 1982 Electrical Workers (IBEW) 3 8 ......Master Plumbers Association, Boston, M ass........................August 1983 Plumbing and Pipe Fitting Industry (PPF) 2 6 ......Metropolitan Life Insurance Co., Interstate......................March 1981 Insurance Workers (IWIU) 3 9 ......Keystone Building Contractors Association, P a ......................................... June 1982 Laborers (LIUNA) 2 7 ......Bell Telephone Co. of Pennsylvania, P a ..................August 1983 Telecommunications International Union (TIU) (Ind.) 4 0 ......Campbell Soup Co., Camden, N .J ........................May 1982 Teamsters (IBT) (Ind.) 4 1 ......American Motors Corp., AM General Corp. Subsidiary, South Bend and Mishawaka, Ind ....................................... June 1982 Auto Workers (UAW) 2 8 ......Western Electric Co., Inc., Service Division, In te rsta te ..............................August 1983 Communications Workers (CWA) 4 2 ......Marriott Corp., Bob’s Big Boy Restaurants, Glendale, C a lif ....................December 1983 Bob’s Employees’ Association (Ind.) 2 9 ......United Parcel Service, Inc., Chicago, 111..........................April 1982 Teamsters (IBT) (Ind.) 3 0 ......Jones and Laughlin Steel Corp., In terstate.................. August 1983 Steelworkers (USA) 4 3 ......Waldbaum, Inc., Food Mart Division, Conn, and M ass......................................April 1982 Food and Commercial Workers (UFCW) 3 1 ......Aluminum Co. of America, Vernon, Calif........................August 1983 Auto Workers (UAW) 4 4 ......Roper Corp., Roper Eastern Group, M d ............................May 1982 Furniture Workers (UFWA) 3 2 ......General Foods Corp., Food Products Division, Woodburn, O reg.................. April 1982 Teamsters (IBT) (Ind.) 4 5 ......Associated General Contractors of California, and Western Steel Council, C a lif ......................June 1983 Operating Engineers (IUOE) 3 3 ......Allied Underwear Association, Inc., New York, N .Y .......... June 1981 Ladies’ Garment Workers (ILGWU) 4 6 ......PPG Industries, Inc., Industrial Chemical Division, Lake Charles, L a ......................................... May 1981 Machinists (IAM) 3 4 ......United Parcel Service, Inc., Central States, In terstate..............................April 1982 Teamsters (IBT) (Ind.) 68 4 7 ......New Jersey Zinc Co., Palmerton, P a ......................August 1981 Steelworkers (USA) 59 4 8 ......Crown Zellerbach Corp., Camas, W ash........................June 1981 Western Pulp and Paper Workers (WPPW) (Ind.) 6 0 ......Ideal Basic Industries, Inc., Interstate......................April 1981 Cement Workers (CLGW) 4 9 ......Louisville Gas and Electric Co., Louisville, K y .............. November 1983 Electrical Workers (IBEW) 6 1 ......American Standard, Inc., Chinaware Department, In terstate............................. May 1982 Pottery and Allied Workers (IBPAW) 5 0 ......Quad-Cities Grocery Agreement, 111. and I o w a .....................June 1982 Retail Clerks (RCIU) 6 2 ......Wisconsin Public Service Corp., W is............................October 1982 Operating Engineers (IUOE) 5 1 ......Litton Industries, Inc., Ingalls Shipbuilding Division, Pascagoula, Miss ......................................April 1981 Metal Trades Department of the AFL-CIO, Pascagoula Metal Trades Council 6 3 ......Central States Area Tank Truck Agreement, In terstate..............................November 1982 Teamsters (IBT) (Ind.) 6 4 ......Fairchild Industries, Inc., Fairchild Republic Co. Division, Farmingdale, N .Y ....................................... July 1982 Machinists (IAM) 5 2 ......Building Trades Employers Association of Westchester and Putnam Counties, Inc., N .Y ..............................April 1982 Laborers (LIUNA) 6 5 ......Ladies’ Handbags and Leather Novelties Employers, New York, N .Y ...................April 1982 Leather Goods, Plastic and Novelty Workers (LGPN) 5 3 ......Cleveland Plumbing Contractors Association, Cleveland, O h i o ..................April 1982 Plumbing and Pipe Fitting Industry (PPF) 6 6 ......Sugar Companies Negotiating Committee, Hawaii............. January 1982 Longshoremen and Warehousemen (ILWU) (Ind.) 5 4 ......Western Union Telegraph Co., In te rsta te ..............................July 1982 Telegraph Workers (UTW) 5 5 ......Contractors Association of Westchester and Putnam Counties, Inc., N . Y ............ April 1982 Operating Engineers (IOUE) 6 7 ......Stanley Works, New Britain, C onn.....................................May 1982 Machinists (IAM) 6 8 ......Hughes Aircraft Co., Tucson Manufacturing Division, Tucson, A riz....... October 1981 Machinists (IAM) 5 6 ......Marine Towing and Transportation Employers’ Association, Interstate........ February 1982 Longshoremen’s Association (ILA) 6 9 ......Prudential Insurance Co. of America, In te rsta te ....... September 1981 Insurance Workers (IWIU) 5 7 ......National Electrical Contractors Association, Inc., Nassau and Suffolk Counties, N .Y ......................April 1981 Electrical Workers (IBEW) 7 0 ......E. I. Du Pont De Nemours and Co., Spruance, Va — Open ended Ampthill Rayon Workers, Inc. (Ind.) 5 8 ......Realty Advisory Board on Labor Relations, Inc., Apartment Buildings, New York, N .Y ....................April 1982 Service Employees (SEIU) John Morrell and Co., Sioux Falls, S. D a k ..............August 1982 Food and Commercial Workers (UFCW) 7 1 ......E. R. Squibb and Sons, Inc., New Brunswick, N. J ........... May 1982 Oil, Chemical and Atomic Workers (OCAW) 69 72 Continental Group, Continental Can Co., Master Agreement, In te rsta te..............................March 1981 Machinists (IAM) 73 Ingersoll-Rand Co., Painted Post, N .Y ................ April 1982 Electrical Workers (IUE) 74 Cummins Engine Co., Inc., Columbus, I n d .................... May 1981 Diesel Workers Union (Ind.) 76 Pennsylvania Power and Light Co., Eastern P a .......... May 1982 Electrical Workers (IBEW) 77 California Processors, Inc., Calif....................................... June 1982 Teamsters (IBT) (Ind.) 78 West Coast Pulp and Paper Converting Industry, Calif., Oreg., and W ash.................. June 1982 Printing and Graphic (PGCU) 79 General Telephone Co. of Kentucky, K y........................ June 1982 Communications Workers (CWA) 80 Mechanical Contractors of Central California, C a lif ......................................June 1981 Plumbing and Pipe Fitting Industry (PPF) 82 83 84 8 6 ......Elevators Division Employers, N. Y ..................October 1981 Electrical Workers (IBEW) Continental Group, Continental Can Co., Master Agreement, In te rsta te ..............................February 1981 Steelworkers (USA) 75 81 8 5 ...... Pacific Maritime Association, Calif., Oreg., and W ash..............................July 1981 Longshoremen and Warehousemen (ILWU) (Ind.) 8 7 ......Master Builders Association of Western Pennsylvania, P a ...........................................May 1982 Carpenters (CJA) 8 8 ......San Francisco Employers Council, Warehouse Agreement, Calif..................May 1982 Teamsters (IBT) (Ind.) 8 9 ......Associated General Contractors of America, New York State Chapter, N. Y .....................................March 1982 Operating Engineers (IUOE) 9 0 ......Mechanical Contractors Association of Northern California, Inc., Calif......... June 1983 Plumbing and Pipe Fitting Industry (PPF) 9 1 ......Independent Employers of Mason Tenders, New York, N . Y .................May 1981 Laborers (LIUNA) 9 2 ......Retail Drug Store Operators C a lif.....................................March 1981 Retail Clerks (RCIU) 9 3 ......Standard Auto Service Stations, St. Louis, M o ___March 1981 Teamsters (IBT) (Ind.) General Motors Corp., Inland Division, Dayton, Ohio ......................September 1982 Rubber Workers (URW) 9 4 ......FMC Corp., San Jose Divisions, San Jose, Calif . .March 1981 Machinists (IAM) Atlantic Richfield Co., and Four Corners Pipe Line Co., C a l i f .................... January 1981 Oil, Chemical and Atomic Workers (OCAW) 9 5 ......National Master Freight Agreement, Philadelphia and vicinity, Local Cartage, Pa. andN . J .........................March 1982 Teamsters (IBT) (Ind.) Executive Council of the California Conference of Mason Contractors Association, Inc., Southern C alif...................... June 1982 Laborers (LIUNA) 9 6 ......National Master Freight Agreement, Central States Area, Over-the-Road Supplement, Interstate....... March 1982 Teamsters (IBT) (Ind.) Wire and Metal Products Manufacturers Guild, Inc., New York City area, N.Y. andN . J ................................September 1981 Teamsters (IBT) (Ind.) 9 7 ......Associated General Contractors of America, Inc., Detroit Chapter, M ic h .....................................May 1982 Laborers (LIUNA) 70 98 Chrysler Corp., Production and Maintenance, In terstate............................. September 1982 Auto Workers (UAW) 1 1 1 ...... Illinois Regional Insulation Contractors Association, Inc., Chicago, 111..................May 1981 Asbestos Workers (BFIA) 99 Rohr Industries, Inc., Riverside, C a lif....................February 1984 Machinists (IAM) 1 1 2 ......The New York Times Co., New York, N. Y ..................March 1981 Newspaper Guild (TNG) 100 Armstrong Rubber Co., In te rsta te ..............................July 1982 Rubber Workers (URW) 101 International Harvester Co., Clerical and Technical, Interstate............ September 1982 Auto Workers (UAW) 1 1 3 ......Retail Apparel Merchants Association, New York, N . Y ......................................February 1982 Clothing and Textile Workers (ACTWU) 102 Agripac, Inc., Salem, Eugene, and Junction City, Oreg....................................... June 1982 Teamsters (IBT) (Ind.) 103 Wholesale Bakers Group, Machine Shop, C alif............ May 1981 Bakery, Confectionery and Tobacco Workers (BCTW) 104 Allis-Chalmers Corp., La Porte, I n d ....................... November 1982 Auto Workers (UAW) 106 Magnavox Co., Fort Wayne, I n d ................. April 1982 Allied Industrial Workers (AIW) 1 1 6 ......Eastern New York Construction Employers, Inc., N .Y ..............................June 1982 Operating Engineers (IUOE) 1 1 7 ......Pet, Inc., Dairy Group, In terstate..............................September 1981 Teamsters (IBT) (Ind.) 1 1 8 ......General Contractors Association, New York, N . Y ..................................... June 1982 Operating Engineers (IUOE) 1 1 9 ......Builders Association of Chicago and 5 others, Chicago, 111............................May 1981 Laborers (LIUNA) Northeastern Florida Construction Management and Negotiating Council, F la .........................................April 1982 Operating Engineers (IUOE) 108 Colgate-Palmolive Co., Jersey City Plant, N. J ........ November 1982 Employees Association of Colgate-Palmolive, Inc. (Ind.) 109 Plumbing Contractors Association of Metropolitan St. Louis, St. Louis, M o ---- June 1982 Plumbing and Pipe Fitting Industry (PPF) 110 1 1 5 ......Public Service Co. of Colorado, Denver, Colo .. .December 1981 Electrical Workers (IBEW) Associated General Contractors of America, Baton Rouge Chapter, La ..A pril 1982 Carpenters (CJA) 105 107 1 1 4 ......Greater Blouse, Skirt, and Undergarment Association, Inc., New York, N . Y .................. June 1981 Ladies’ Garment Workers (ILGWU) 1 2 0 ......Metro Marine Contractors Association, Inc., N. Y ---- December 1983 Longshoremen’s Association (ILA) 1 2 1 ......Western Electric Co., Inc., Service Division, In terstate.............................. August 1983 Communications Workers (CWA) 1 2 2 ........ PPG Industries, Inc., Pittsburgh, P a ......................February 1981 Flint Glass Workers (AFGW) 1 2 3 ........ Del Monte Corp., Rochelle, Mendota, and Dekalb, 111............................January 1981 Retail, Wholesale and Department Store Workers (RWDSU) Soft Drink Bottlers Association, Alameda County, Calif........................July 1981 Teamsters (IBT) (Ind.) 71 1 3 6 ......All-Steel, Inc., Aurora, 111............................April 1982 Boilermakers (BBF) 1 2 4 ......General Motors Corp., In te rsta te ..............................October 1982 Plant Guard Workers (PGW) (Ind.) 1 3 7 ......General Electric Co., Medical Systems Business Division, Milwaukee, W is....................June 1982 Machinists (IAM) 1 2 5 ......Restaurant League of New York, Inc., N. Y ..........October 1981 Hotel and Restaurant Employees (HERE) 1 3 8 ......Ford Aerospace and Communications Corp., Refrigeration Products Division, Connersville, In d ................. June 1981 Electrical Workers (IUE) 1 2 6 ......Chicago Metro Auto Dealers Association and Independent Dealers, 111---- June 1981 Machinists (IAM) 1 2 7 ......National Master Freight Agreement, Central States Area, Local Cartage Supplement, Interstate........March 1982 Teamsters (IBT) (Ind.) 1 3 9 ......General Public Utility Corp., Metropolitan Edison Co., P a ................................. April 1981 Electrical Workers (IBFW) 1 2 8 ......Building Operators Labor Relations, Inc., P a .............. October 1981 Service Employees (SEIU) 1 4 0 ......Greater Milwaukee Hotel & Motel Association, W i s ---- June 1982 Hotel and Restaurant Employees (HERE) 1 2 9 ......Plumbing, Heating and Air Conditioning Contractors, Philadelphia, P a ................. April 1983 Plumbing and Pipe Fitting Industry (PPF) 1 4 1 ......General Motors Corp., In terstate ............................. September 1982 Auto Workers (UAW) 1 4 2 ......General Telephone Co. of Indiana, In d ......................... April 1982 Communications Workers (CWA) 1 3 0 ......Construction Employers Labor Relations Association of New York State, Inc., N. Y ..................................... May 1981 Carpenters (CJA) 1 4 3 ......Dunlop Tire and Rubber Corp., Buffalo, N. Y ..........September 1982 Rubber Workers (URW) 1 3 1 ......Southern States Boilermakers Employers, In te rsta te.............................October 1981 Boilermakers (BBF) 1 4 4 ......National Master Freight Agreement, West Virginia, Over-the-Road Supplement, W. V a ........... March 1982 Teamsters (IBT) ( Ind.) 1 3 2 ......Constructors Association of Western Pennsylvania, In terstate..............................December 1983 Operating Engineers (IUOE) 1 4 5 ......Bell Telephone Co. of Pennsylvania, Comptrollers Department, Philadelphia, P a ........................................ August 1983 T elecommunications International Union (TIU) (Ind.) 1 3 3 ......National Electrical Contractors Association, Greater Cleveland Chapter, O h io ......................April 1982 Electrical Workers (IBEW) 1 4 6 ......The Detroit Edison Co., M ic h .....................................August 1981 Utility Workers (UWU) 1 3 4 ......Hughes Aircraft Co., Tucson, A r iz ........................October 1981 Machinists (IAM) 1 4 7 ......Boeing Co., Boeing Vertol Co. Division, P a ___October 1983 Auto Workers (UAW) 1 3 5 ......Allied Chemical Corp., Auto Products Division, Knoxville, T enn....................November 1981 Clothing and Textile Workers (ACTWU) 1 4 8 ......Western Electric, Hawthorne; Works, Chicago, 111............. August 1983 Electrical Workers (IBEW) 72 1 4 9 ......Dana Corp., Spicer Axle Division, Fort Wayne, Ind.........................................January 1983 Allied Industrial Workers (AIW) 1 6 3 ......Jewel Tea Co., Inc., Eisner Food Stores Division, Chicago, 111..........................October 1982 Retail Workers Union (RWU) (Ind.) 1 5 0 ......Timex Corp., Little Rock, A r k ................. December 1981 Machinists (IAM) 1 6 4 ......Colorado Building Construction Independent Employers, Colorado Springs, C olo........................ April 1981 Carpenters (CJA) 1 5 1 ......E. I. Du Pont De Nemours and Co., Waynesboro, Va . .April 1981 United Workers, Inc. (Ind.) 1 6 5 ......Raytheon Co., M a ss......................................September 1981 Electrical Workers (IBEW) 1 5 2 ......Johnson & Johnson, and Ethicon, Inc., N. Y ............. June 1981 Clothing and Textile Workers (ACTWU) 1 6 6 ......Honeywell Inc., Minneapolis and St. Paul, M inn......................................January 1981 Teamsters (IBT) (Ind.) 1 5 3 ......General Building Contractors Association, Inc., Philadelphia, P a ................. May 1983 Carpenters (CJA) 1 6 7 ......Caterpillar Tractor Co., Joliet, 111................................January 1983 Machinists (IAM) 1 5 4 ......Associated General Contractors of America, Wisconsin Chapter, W is___May 1981 Operating Engineers (IUOE) 1 6 8 ......Acme-Cleveland Corp., National Acme Co. Division, Cleveland, O h io ..................................... September 1982 Mechanics Educational Society (MESA) 1 5 5 ......Carrier Corp., Syracuse, N. Y ..................... October 1982 Sheet Metal Workers (SMW) 1 6 9 ......Independent Food Stores, M ic h ..................................... May 1982 Food and Commercial Workers (UFCW) 1 5 6 ......Vornado Corp., In te rsta te ............................. July 1982 Food and Commercial Workers (UFCW) 1 7 0 ......Babcock and Wilcox Co., Power Generation Division, Barberton, Ohio . .July 1982 Boilermakers (BBF) 1 5 7 ......Beech Aircraft Corp., In te rsta te ............................. August 1981 Machinists (IAM) 1 5 8 ......National Football League Management Council, In te rsta te ............................. July 1982 Football Players (NFLP) (Ind.) 1 7 1 ...... Elevator Manufacturers Association of New York, N . Y . a n d N . J ..................... June 1981 Elevator Constructors (IUEC) 159 . . . . .Textron, Inc., Fafnir Bearing Division, New Britain, C o n n ..............August 1982 Auto Workers (UAW) 1 7 2 ......Laborers’ Negotiating Committee of Associated General Contractors of Indiana, Inc., I n d ............... March 1982 Laborers (LIUNA) 1 6 0 ......Goodyear Tire and Rubber Co., Interstate........April 1982 Rubber Workers (URW) 1 6 1 ......Simmons Co., In te rsta te ..............................October 1982 Upholsterers (UIU) 1 7 3 ......General Dynamics, Convair Division, In terstate............................. April 1981 Machinists (IAM) 1 6 2 ......United Parcel Service, Inc., Northern and Southern O h io ...................... April 1982 Teamsters (IBT) (Ind.) 1 7 4 ......Screen Actors Guild, Commercials Agreement, In terstate ............................. February 1982 Screen Actors (SAG) 73 1 7 5 ......Independent Restaurant and Tavern Agreement, C a lif..................................... August 1981 Hotel and Restaurant Employees (HERE) 1 8 1 ........ Greater Chicago Hotel and Motel Association, 111 .. March 1981 Hotel and Restaurant Employees (HERE) 1 8 2 ........ Milwaukee Area Retail Meat Industry, W is..............April 1983 Food and Commercial Workers (UFCW) 1 7 6 ......United Aircraft Corp., Pratt and Whitney Aircraft Division, East Hartford, C o n n ....................................November 1982 Machinists (IAW) 1 8 3 ......Teletype Corp., Little Rock, A r k ..................August 1983 Electrical Workers (IBEW) 1 7 7 ......Central Telephone Co. of Florida, F la ......................February 1982 Electrical Workers (IBEW) 1 8 4 ......GTE Lenkurt, Inc., Albuquerque, N. M e x ........December 1981 Electrical Workers (IBEW) 1 7 8 ......Rock Products and Ready Mix Concrete Employers of Southern California, C alif. .August 1983 Operating Engineers (IUOE) 1 8 5 ......Price Pfister Brass Manufacturing Co., Inc., Los Angeles, Calif................April 1982 Teamsters (IBT) (Ind.) 1 7 9 ......General Telephone Co. of Florida, F l a ......................... August 1981 Electrical Workers (IBEW) 1 8 6 ......National Master Freight Agreement, Western Pennsylvania Motor Carriers Association Supplement, P a ....................March 1982 Teamsters (IBT) (Ind.) 1 8 0 ........ Weyerhaeuser Co., Wood Products Division, Oreg — May 1983 Woodworkers (IWA) 74 The Bulletin 1425 series on major collective bargaining agreements is available from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. Bulletin num ber Title 20402, or from the BLS regional offices listed on the inside back cover, Bulletin num ber Title Major Collective Bargaining Agreements: 1425-1........ 1425-2........ 1425-3........ 1425-4........ 1425-5........ 1425-6........ 1425-7........ 1425-8........ 1425-9........ 1425-10___ 1425-11___ Seniority in Promotion and Transfer Provisions 1425-12___ Administration of Negotiated Pension, Grievance Procedures Health, and Insurance Plans Severance Pay and Layoff Benefit Plans 1425-13___ Layoff, Recall, and Worksharing Procedures Supplemental Unemployment Benefit Plans 1425-14___ Administration of Seniority and Wage-Employment Guarantees 1425-15___ Hours, Overtime, and Weekend Work Deferred Wage Increase and Escalator Clauses 1425-16___ Safety and Health Provisions Management Rights and Union-Management 1425-17___ Wage Administration Provisions Cooperation 1425-18___ Wage-Incentive, Production-Standard, and Arbitration Procedures Time-Study Provisions Training and Retraining Provisions 1425-19___ Employer Pay and Leave for Union Business Subcontracting 1425-20___ Plant Movement, Interplant Transfer, Paid Vacation and Holiday Provisions and Relocation Allowances Plant Movement, Transfer, and Relocation Allowances ☆ 75 U.S. GOVERNMENT PRINTING OFFICE : 1982 0 - 3 6 1 - 2 7 0 (4923) Major Collective Bargaining Agreements Where to send order Based on an analysis of about 1,600 major agreements, the Major Collective Bargaining Agreements series is a basic reference source showing how negotiators in different industries handle specific problems. The series includes: • Illustrative clauses identified by company and union signatories • Detailed tabulation of clauses Send your order to the BLS regional office nearest you: P.O. Box 13309 Philadelphia, PA 19101 1603 JFK Building Boston, MA 02203 Suite 3400 1515 Broadway New York, NY 10036 Available in the series 1371 PeachtreeSt.,NE. Atlanta, GA 30367 9th Floor Federal Office Building 230 South Dearborn St. Chicago, IL 60604 The latest in this series, P la n t M o v e m e n t, In te r p la n t T ra n s fe r, a n d R e lo c a tio n provides information on three important issues in collective bargaining: A llo w a n c e s , 2nd Floor 555 Griffin Square Bldg. Dallas, TX 75202 911 Walnut St. Kansas City, MO 64106 • Protection for displaced employees • Rights and options of transferred employees • Factors governing payment of relocation allowances You may also send your order directly to: Superintendent of Documents U.S. Government Printing Office Washington, DC 20402 450 Golden Gate Ave. Box 36017 San Francisco, CA 94102 Title Bulletin No. GPO Stock No. Price □ Wage Administration Provisions 1425-17 029-001-02209-3 $3.25 □ W age-Incentive, Production-Standard, and Tim e-Study Provisions 1425-18 029-001-02378-2 $4.00 □ Employer Pay and Leave for Union Business 1425-19 029-001-02516-5 $4.50 □ Plant Movement, Interplant Transfer, and Relocation Allowances 1425-20 029-001-02602-1 $5.50 Total Order How to pay □ Enclosed is check or money order payable to Superintendent of Documents. □ Charge to GPO Deposit Account No. _____________________________ □ Charge to MasterCard? Account No. _____________________________ Expiration date □ Charge to VISA? Expiration date Account No. _____________________________ ‘ Available only on orders sent directly to Superintendent of Documents. Name Organization (if applicable) Street address City, State, ZIP Code Bureau of Labor Statistics Regional Offices Region I 1603 JFK Federal Building Government Center Boston, Mass. 02203 Phone: (617) 223-6761 Region IV 1371 Peachtree Street, N.E. Atlanta, Ga. 30367 Phone: (404) 881-4418 Region V Region II Suite 3400 1515 Broadway New York, N.Y. 10036 Phone: (212) 944-3121 Region III 3535 Market Street P.O. Box 13309 Philadelphia, Pa. 19101 Phone: (215) 596-1154 9th Floor Federal Office Building 230 S. Dearborn Street Chicago, III. 60604 Phone: (312) 353-1880 Region VI Second Floor 555 Griffin Square Building Dallas, Tex. 75202 Phone: (214) 767-6971 Regions VII and VIII 911 Walnut Street Kansas City, Mo. 64106 Phone: (816) 374-2481 Regions IX and X 450 Golden Gate Avenue Box 36017 San Francisco, Calif. 94102 Phone: (415) 556-4678
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