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L'l'3: 11,3 LABOR LAWS AND LEGISLATION - U .S * - EMERGENCY DISPUTES LABOR MANAGEMENT RELATIONS (TAFT-HARTLEY) ACT 1947-68 D a yto n & M o n t g o m e r y Co, P u b lic Library N O V I 21969 DOCUM ENT c o l l e c t io n Bulletin No. 1633 U.S. D EPARTM ENT OF LABOR B U R E A U OF LABOR S T A T I S T I C S NATIONAL EMERGENCY DISPUTES LABOR MANAGEMENT RELATIONS (TAFT-HARTLEY) ACT 1947-68 B u lletin No. 1633 September 1969 U.S. DEPARTM ENT OF LABOR George P. Shultz, Secretary B U R E A U OF LA B O R S T A T I S T I C S Geoffrey H. Moore, Commissioner For sale b y the Superintendent of Docum ents, U .S . Governm ent Printing O ffic e , W ashington, D .C ., 20402. Price $1. Preface This bulletin provides a chronological account of the unre solved issues that resulted in work s to p p a g e s of sufficient importance to warrant the use of the national emergency pro cedures in the Labor Management Relations Act of 1947 (Sections 206-210), of the efforts made by the parties and Federal officials to resolve these differences, and of the actions of the Emergency Boards appointed to investigate the disputes and prepare findings. The information included here updates Bulletin 1482, issued in early 1966, to include all national emergency disputes starting prior to January 1969. Appendixes appearing in the earlier bulletin have been expanded, and a new appendix has been added. Appendix A reproduces the national emergency sections (Sections 206-210) of the Labor Management Relations (Taft-Hartely) Act. Appendix B presents the highlights of each of the 29 disputes, and Appendix C contains a selected bibliography on national emergency disputes. This bulletin was prepared in the Bureau’s Division of Industrial Relations, Office of Wages and Industrial Relations. The coopera tion of the Federal Mediation and Conciliation Service in review ing the chronology of particular disputes is gratefully acknowledged. iii Contents Page Introduction ------------------------------------------------------------------------------------------------------------------------------ 1 Boards of Inquiry appointed 1947—68, under National Emergency Provisions of the Labor Management Relations Act of 1947 4 1. Atomic Energy Dispute, 1948—Atomic Trades and Labor Council (AFL) v. Carbide and Carbon Chemicals Corp__________________________________________________ 2. Meatpacking Dispute, 1948—United Packinghouse Workers (CIO) v. five major meatpacking firm s-----------------------------------------------------------------------------------3. Bituminous Coal M iners’ Pension Dispute, 1948—United Mine Workers of America (Ind.) v. bituminous coal mine operators --------------------------------------------------------------------------------4. Telephone Dispute, 1948—American Union of Telephone Workers (CIO) v. American Telephone and Telegraph C o .---------------------------------------------------------------------5. Maritime Industry Dispute, Atlantic, Pacific, and Gulf Coasts., and Great Lakes, 1948—Maritime unions v. shipping companies----------------------------------------------------------------6. Bituminous Coal M iners’ Contract Dispute, 1948—United Mine Workers of America (Ind.) v. bituminous coal mine operators______________________________________________________ 7. Dockworkers Dispute on the Atlantic Coast, 1948—International Longshoremen’s Association (AFL) v. shipping companies-----------------------------------------------------------------------8. Bituminous Coal Miners’ Contract Dispute, 1949-50—United Mine Workers of America (Ind.) v. bituminous coal mine operators -----------------------------------------------------------------------9. Nonferrous Metals Dispute, 1951—International Union of Mine, Mill and Smelter Workers (Ind.) v. copper and other nonferrous metals industry-----------------------------------------10. American Locomotive Co. Dispute, 1952—Alco Products Division Plant, Dunkirk, N.Y. v. United Steelworkers of America (CIO)-----------------------------------------------------------------------11. Longshoremen’s Dispute on the Atlantic Coast, 1953—International Longshoremen’s Association (Ind.), International Longshoremen’s Association (AFL) v. shipping and stevedoring com panies---------------------------------------------------------------------------12. Atomic Energy Dispute, 1954—Carbide and Carbon Chemicals Co., a Division of Union Carbide and Carbon Corp. v. United Gas, Coke and Chemical Workers (CIO)_______________ 13. Atomic Energy Dispute, 1954—Carbide and Carbon Chemicals Co., a Division of Union Carbide and Carbon Corp. v. Atomic Trades and Labor Council (AFL)------------------------------14. Longshoring Dispute on the Atlantic and Gulf Coasts, 1956—57—International Longshoremen’s Association (Ind.) v. shipping and stevedoring companies_________________ 15. Atomic Energy Dispute, 1957—Oil, Chemical and Atomic Workers International Union (AFL-CIO) v. Goodyear Atomic Corp., a subsidiary of the Goodyear Tire and Rubber Co. --------------------------------16. Longshoring Dispute on the Atlantic and Gulf Coasts, 1959—International Longshoremen’s Association v. shipping and stevedoring companies ______________________________________ 17. Basic Steel Industry Dispute, 1959—United Steelworkers of America (AFL-CIO) v. basic steel industry--------------------------------------------------------------------------------------------------18. Maritime Industry Disptue, Altantic, Pacific, and Gulf Coasts, 1961—Maritime unions v. certain shipowners and operators in the United States foreign and domestic tra d e ________ 19. Maritime Industry Dispute, West Coast and Hawaii, 1962—Seafarers’ International Union of North America (3 subdivisions) v. shipowners and operators represented by the Pacific Maritime Association----------------- v 4 4 5 6 6 7 8 9 10 11 12 15 16 17 19 19 24 39 42 C ontents— Continued Page Boards of Inquiry appointed 1947—68, under National Emergency Provisions of the Labor Management Relations Act of 1947— Continued 20. Republic Aviation Corp., Farmingdale, Long Island, N. Y., 1962— v. International Association of Machinists (AFL-CIO)__________________________________________________ 21. Longshoring Dispute on the Atlantic and Gulf Coasts, 1962-63— International Longshoremen’s Association (AFL—CIO) v. shipping and stevedoring companies__________ 22. Aerospace Industry Dispute, 1962 — Lockheed Aircraft Corp. v. International Association of Machinists (AFL—CIO)-------------------------------------------------------------------------23. Aerospace Industry Dispute, 1962-63— Boeing Co. v. International Association of Machinists (AFL—CIO)-----------------------------------------------------------------------------------------------24. Longshoring Dispute on the Atlantic and Gulf Coasts, 1964—65— International Longshoremen’s Association (AFL—CIO) v. shipping and stevedoring companies--------------25. Aircraft— Aerospace Industry Dispute, 1966— General Electric Co., Evendale, Ohio v. United Automobile, Aerospace and Agricultural Implement Workers International Union, and the International Association of Machinists (AFL—CIO) ——— ----------------------26. Nonferrous Smelting Industry Dispute, 1966—Union Carbide Corp., Stellite Division, Kokomo, Indiana v. United Steelworkers of America (AFL—CIO) _______________________ 27. Shipbuilding Industry Dispute, 1966-67—Pacific Coast Shipbuilders’ Association v. International Brotherhood of Electrical Workers, (AFL—CIO)________________________ 28. Aircraft-Aerospace Industry Dispute, 1967— The Avco Corp., Lycoming Division, Stratford, Conn.v. United Automobile, Aerospace and Agricultural Implement Workers of America (AFL— CIO)---------------------------------------- .-------------------------------------29. Stevedoring Industry Dispute, Atlantic and Gulf Coasts, 1968-69— International Longshoremen’s Association (AFL— CIO) v. Shipping and Stevedoring Companies________ 45 47 50 52 57 65 67 69 72 74 Tables: 1. Strikes and Settlements in National Emergency Disputes, 1947-68 -------------------------------------2. National Emergency Disputes by Industry, 1947—68 --------------------------------------------- ---------- 2 3 Appendixes: A. Labor Management Relations Act, 1947, as Amended by Public Law 86-257, 1959, National Emergencies----------------------------------------------------------------------------------------- 83 B. Highlights of National Emergency Disputes, 1947—68--------------------------------------------------------- 85 C. Selected Bibliography on National Emergency Disputes ----------------------------------------------------- 87 National Emergency Disputes Under the Labor Management Relations (Taft-Hartley) Act, 1947—68 Introduction of an injuction; and (4) strike threats in atomic energy in 1948 and in aircraft-aerospace in 1963. Injunctions were not sought in the 1948 meatpacking dispute, despite a lengthy stoppage, and in the following cases where workers did not leave their jobs: Bituminous coal (1948), telephone (1948), and atomic energy (1954). Since e n a c tm e n t of the Labor Management Relations (Taft-Hartley) Act1 in 1947, the existence of serious labor disputes has required each President to invoke its national emergency provisions. Over a period of more than two decades since the act was passed, this machinery has been implemented in 29 cases and has involved directly approximately 2 million workers. Reflecting the conditions that prompted passage of the act, the emergency pro visions were used in seven disputes in the first year after its passage. Subsequently, disputes have occurred at least once every year, except in 1955, 1958, 1960, and 1965.2 Emergency procedures have been used in 21 cases, including two in which a voluntary return to work occurred prior to an injunction, which halted strikes already in progress (some as long as 4 months). The Government also chose this means to prevent four threatened strikes—in the maritime, longshore, atomic energy, and aerospace industries—but in two of them, stoppages occurred after the injunction had expired. Injunctions were not used in four cases—in three, no strike in effect or no stoppage was threatened. The fourth situation was classified as not falling within the criteria requiring an injunction. The act requires the President to appoint a Board of Inquiry when, in his opinion, the impact of an actual or threatened strike is of sufficient severity to “imperil the national health or safety.” Upon appointment, the Board is required to investi gate the issues in dispute, marshal relevant facts, and report to the President.3 An initial report has been prepared in every dispute, except one in the telephone industry in 1948 when a settlement was imminent. The time required by the Boards to complete their investigations and submit initial reports have ranged from less than 1 day in the 1968 longshoreman’s dispute to 24 days in the 1948 meatpacking dispute. In the five most recent dis putes, these Boards have completed their investiga tion in less than a day in all but one affecting the Pacific shipbuilding industry. Thus, strikes occurred at one stage or more in 24 of the 29 national emergency disputes. These 24 stoppages directly affected 1.7 million workers who were idle for a total of 85 million man-days. Almost one-half of man-days lost resulted from the 1959 steel strike. The strike in the meatpacking industry was not considered sufficiently serious to warrant an injunction, although a Board of Inquiry was appointed which released a report. Of the remaining 23 disputes, 16 were settled without resort to further stoppages—13 during the “cooling off” period and the remainder after it had expired. A relatively small number (seven) of the disputes were settled after the “cooling off” period had been terminated and after a strike. All but one of the disputes in this category involved the steverdoring industry in Atlantic and Gulf Coast ports. Five Upon receipt of the report, the President may direct the Attorney General to seek an 80-day injunction from a Federal district court to prevent or end the strike. Petitions for an injunction were presented by the Attorney General and granted by the Court in 25 cases.4 These court orders were effective in halting or preventing strikes in all but the 1949-50 bituminous coal dispute. Included among the 25 cases are (1) a 1948 bituminous coal mining dispute where the workers returned to their jobs 3 weeks after a temporary restraining order had been issued; (2) a 1954 atomic energy walkout that had been halted voluntarily before the injunc tion was issued; (3) a 1962-63 aircraft-aerospace strike that also was terminated prior to the issuance 1 See appendix A. 2 Two national emergency disputes occurred in the years 1954, 1959, 1966, and 1967; four occurred in 1962. 3 These Boards have been composed of three members each in all disputes, except the 1948 maritime industry dispute. In this dispute, five members were appointed to facilitate hearings held simultaneously on both coasts. 4 See appendix B. 1 2 T a b le 1. S tr ik e s and S e ttle m e n ts in N a tio n a l E m e r g e n c y D is p u te s , 1 9 4 7 -6 8 N u m b er of d is p u te s N u m b er of w orkers T o t a l _____________________________________ 29 2 ,0 7 6 ,1 0 0 S e ttle m e n ts w ith o u t s tr ik e __________________ S e ttle m e n ts a fte r s tr ik e ____________________ W ith in 8 0 -d a y in ju n ctio n p e r i o d _______ A fte r 8 0 -d a y in ju n ctio n : W ithout s tr ik e A fte r s t r ik e ___________________________ N o in ju n ctio n i s s u e d ____________________ 5 24 13 3 4 4 ,8 0 0 1 ,7 3 1 ,3 0 0 1 ,3 1 6 , 6 0 0 3 1 5 ,7 0 0 3 1 6 ,0 0 0 8 3 ,0 0 0 24 1 ,7 3 1 ,3 0 0 1 ,3 3 2 ,3 0 0 7 3 ,0 0 0 2 4 3 ,0 0 0 8 3 ,0 0 0 S tr ik e s and s e ttle m e n ts S trik e o c c u r r e d ______________________________ B e fo r e 8 0 -d a y in ju n ctio n ________________ A fte r 8 0 -d a y in j u n c t io n _________________ B e fo r e and a fte r 8 0 -d a y in j u n c t io n ___ N o in ju n ctio n i s s u e d ____________________ 27 1 16 22 5 1 1 1 T he n u m b er o f w o r k e r s r e f e r s to th o s e in th e b a r g a in in g u n it o r to th o s e d ir e c tly in v o lv e d in th e s tr ik e . 2 1 sto p p a g e in v o lv e d 6 m a r i t i m e u n i o n s and th e I n te r n a tio n a l L o n g s h o r e m e n 's and W a r e h o u se m e n 's U n ion on th e A tla n tic , G u lf, and P a c if ic C o a s ts , and th e G r e a t L a k e s . S e ttle m e n ts w e r e r e a c h e d fo r th e A tla n tic and G u lf C o a sts and th e G r e a t L a k e s d u rin g o r im m e d ia te ly a fte r th e in ju n c tio n p e r io d . T he ILW U and s e v e r a l m a r itim e u n io n s s tr u c k on th e P a c if ic C o a st a fte r th e in ju n ctio n h ad e x p ir e d . were a resumption of strikes that had been halted by injunctions. During the two decades the act has be*en in effect, nine agreements and two wage in creases under reopenings were negotiated in this industry; failure to reach agreement has required the use of the Taft-Hartley emergency machinery seven times. Although the national emergency provisions are limited to strikes that affect an entire or substantial proportion of an industry, 10 strikes in six industries involved less than 10,000 workers. The criteria for activating the national emergency provisions of the act were intended to limit their use, and has in fact done so. These standards eliminate from the provisions of the act the largest proportion of industries in the economy. The following table lists the industries in which disputes have been determined to imperil the national health or safety, as well as the number of disputes in which they have been involved. Over one-half of the emergency disputes since 1947 have o c c u r r e d in three in d u s t r ie s —stevedoring, aircraft-aerospace, and atomic energy. Section 209 (b) of the act requires the President, after an injunction has been issued, to reconvene the Board. If the parties, assisted by the Federal Media tion and Conciliation Service, have not reached a settlement in 60 days, the Board is to report, among other items, on the employer's final offer. Final reports were prepared by 19 Boards. Within 15 days, the National Labor Relations Board is required to conduct a secret ballot to determine whether the employees affected wish to accept or reject this offer. Last offer votes were conducted following issuance of 15 of the final reports.5 In 12 cases, the employer's proposal was rejected. In one other, the balloting was not completed before the end of the voting period; in the second election, the results were not certified because settlement was reached before the end of the voting period; and in the third, the results were not announced. An unusual situa tion existed in the 1966-67 Pacific Coast Shipbuild ing Industry Dispute; an agreement had been con cluded after the 80-day injunction period. By its ® Three of the final reports were issued after agreement was reached. In the fourth, the 1953-54 stevedoring dispute, the Board recommended that no "final offer" balloting be held. 3 T a b le 2. N a tio n a l E m e r g e n c y D isp u te s by In d u str y , 1947—68 In d u stry T o ta l S t e v e d o r in g _________ ______ ______ A ir c r a ft - a e r o s p a c e .. A to m ic e n e r g y B itu m in o u s coal m in in g ._ M a r itim e N o n fe r r o u s s m e ltin g ... _ ___ M ea tp a ck in g F a b r ic a te d m e ta ls B a s ic s t e e l _ _ . , S h ip b u ild in g T e le p h o n e s _______ ________________ N u m b er of d isp u te s N u m b er of s tr ik e s 1 N u m b er 29 24 15 0 12 7 5 4 3 7 4 Z 2 3 2 1 1 1 1 0 5 22 3 0 0 0 5 1 3 - - 3 Z 1 1 1 1 1 V ote on em p lo y er* s fin a l o ffe r - 33 1 1 — A c c e p te d R e je c te d 0 0 0 1 - - - 1 1 - - 1 S to p p a g es h a lte d by an in ju n ctio n and r e su m e d a fte r th e in ju n ctio n e x p ir e d a r e co u n ted s tr ik e . 2 In 1 s itu a tio n , v o te w a s h e ld , but r e s u lt s w e r e not o ff ic ia lly an n o u n ced . 3 In 1 e le c tio n , th e b a llo t w a s b o y c o tte d by 1 u n ion and not c o m p le te d by th e o th er u n io n s b e fo r e th e in ju n ctio n w a s d is s o lv e d . In the se c o n d e le c tio n , b a llo ts w e r e m a ile d , but th e r e s u lt s w e r e not c e r tifie d b e c a u s e s e ttle m e n t w a s r e a c h e d b e fo r e the end of th e v o tin g p e r io d . as 1 terms, the parties also had agreed to a ballot on the such as he may see fit to make. Presidential re final offer, and this was accepted by the workers. ports were submitted in four disputes: Atomic energy (1948), bituminous coal (1948),6 nonferrous Following the holding of an election, the Attorney metals (1951), and maritime (1961). General must ask the Federal Court to terminate the injunction. Major developments in n a t i o na l emergency disputes from 1947 to the end of 1968 are described Finally, the statute requires the President to pro in sequence in the following pages. vide a “full and comprehensive* report of the pro ceedings to the Congress, with recommendations ^ Two disputes were covered in a single report. Boards of Inquiry Appointed 1947—68, Under National Emergency Provisions of the Labor Management Relations Act of 1947 1. A tom ic E nergy D ispute, 1948— A tom ic T rades and Labor C ouncil (A FL) v. C arbide and Carbon C h em icals Corp. M arch 5, 1948_______ B oard of Inquiry appointed by the P resid en t to in v estig a te and report on the labor dispute at Oak Ridge N ational L aboratory over w age adjustm ents and retention of sick lea ve b en efits. M em bers: John Lord O 'B rian, New York and W ashington attorney, chairm an; C. Canby B ald erston , W harton School of F inance and C o m m erce, U n iversity of P ennsylvania; and Stanley F . T eele, H arvard G raduate School of B u sin ess A d m in istration . M arch 15 F ir s t report of the Board subm itted to the P resid en t. The B oard found that the is s u e s in dispute rem ained u n settled and the th reat of strik e w as unaltered. M arch 1 9 _____________ D epartm ent of J u stice req u ested and obtained injunction from the U.S. D istrict Court of E ast T en n essee. M arch 24 B oard of Inquiry reconvened by the P resid en t. M ay 1 8 _______________ Second report of the B oard subm itted to the P resid en t. It contained a statem ent of the em p lo yer's "last offer" and stated that the p o sitio n s of the p a rties rem ained unaltered and the dispute u n settled . The N ational Labor R elations Board conducted a s e c r e t ballot to June 1—2 a scerta in w hether w o rk ers w ished to accept the fin al offer of the em p loyer. By a vote of 771 to 26 the em p lo y er's la st offer w as rejected . June 11________ _______ Injunction d isso lv ed by court, upon m otion of the A ttorn ey G eneral. June 15________________ The p a rties reached agreem en t on the te r m s of a new con tract w hich granted w o rk ers w age in c r e a se s ranging from 6 V 2 to 401/2 cen ts an hour, retro a ctiv e to D ecem ber 18, 1947, and sick lea ve b en efits varying in am ount accord ing to length of se r v ic e . Ju n e 18 ___ The P resid en t reported to C ongress on the dispute and recom m en ded that a sp ecia l study be m ade of the problem of p ea cefu l and o rd erly settlem en t of labor d isp u tes in G overnm ent-ow ned, p riv a tely operated atom ic en ergy in sta lla tio n s. He proposed estab lish m en t of a co m m issio n to study p o ssib le need of sp ecia l leg isla tio n to avert labor shutdowns in such plants. The m em b ers of the co m m issio n w ere to be appointed w ith the advice of the A tom ic E nergy C o m m ission and the Joint C om m ittee on A tom ic E nergy. 2. M eatpacking D ispute, 1948— United P ackin ghouse W orkers (CIO) v. fiv e m ajor m eatpacking firm s M arch 15, 1948______ B oard of Inquiry appointed by the P resid en t to in v estig a te the dispute in the m eatpacking industry over the union's dem and for in cr ea sed w a ges. M em bers of the B oard: Nathan P. F e in sin g er , U n iversity of W isconsin Law School, chairm an; P ea r ce D a vis, D epartm ent of B u sin ess and E con o m ics, Illin ois Institute of T echnology; and W alter V. S ch aefer, N orthw estern U n iversity Law School. 4 5 2. M eatpacking D ispute, 1948— United Packinghouse W orkers (CIO) v. five m ajor m eatpacking fir m s—-Continued M arch 16, 1948----------- Strike began in plants of the 5 com panies in 20 S tates. A pproxi m ately 83, 000 w orkers w ere involved. A pril 8 ------------------------ R eport of the Board settin g forth and analyzing the p osition s of the p a rties, subm itted to the P resid en t. May 2 1 ------------------------ Strike was term inated at Swift, A rm our, Cudahy, and M orrell plants follow ing the union's acceptance of a 9 -cen t hourly wage in cr ea se. June 5 -------------------------- Strike was ended at W ilson and Co. under approxim ately the sam e te r m s . 3. B itum inous Coal M iners' P en sion D ispute, 1948— United M ine W orkers of A m erica (Ind.) v. bitum inous coal m ine op erators M arch 15, 1948_______ M arch 23 ----------------- M arch 3 1 ------------------ A pril 3 ------------------------A pril 10......... — ................. A pril 12_______________ A pril 19— -........— ........- A pril 21----------------------- Work stoppage began. Within a few days approxim ately 320, 000 w orkers w ere, involved. Board of Inquiry appointed by the P resid en t. M em bers of the Board: F ed eral Judge Sherm an M inton, chairm an; G eorge W. T aylor, Wharton School of Finance and C om m erce, U n iversity of P ennsylvania; M ark E thridge, L ou isville C ourier Journal. P rin cip al is su e was the union's charge that em p loyers had failed to "activate" a pension plan as provided for in the contract of July 1947. R eport of the Board subm itted to the P resid en t. The Board found that action of the union p resid en t in the form of com m unications to o fficer s and m em b ers of the union induced the m in ers to stop work in a con certed fashion and that the stoppage was not independent action by m in ers acting individually and sep arately. T em porary restra in in g order issu ed by the U.S. D istr ic t Court for the D istr ic t of C olum bia, effectiv e for 10 days. The Speaker of the H ouse of R ep resen tatives su ggested Senator Styles B rid ges of New H am pshire as the neutral m em ber of the board of tr u ste e s. This w as acceptable to the union and industry rep resen ta tiv es of the board of tru stees. Senator B rid ges proposed a plan w hereby pen sion s of $100 a m onth would be paid to those m em b ers of the union who, on and after May 29, 1946, had com pleted 20 years' se r v ic e in the m in es and had reached 62 y ea rs of age. This plan was adopted, the op erators' tru stee d issen tin g. The court found John L. L ew is and the UMWA guilty of both crim in al and civ il contem pt of court; fin es of $20,000 against the union p resid en t and $ 1, 400, 000 against the union w ere lev ied on the b a sis of the crim in al ch a rges. E ighty-day injunction issu e d in W ashington, D .C ., by Ju stice ij, Alan G oldsborough forbidding continuance or resum ption of a nationw ide coal strik e. A pril 2 4 -2 6 ______ _____ M ost m in ers returned to work. June 23................................ Court d isso lv ed the injunction of A pril 21. June 26------------------------- F inal report subm itted by Board. 6 4. T elephone D ispute, 1948— A m erican Union of T elephone W orkers (CIO) v. A m erican T elephone and T elegraph Co. M ay 18. 1948_________ Board of Inquiry appointed by the P resid en t. M em bers: Sum ner H. S lich ter of H arvard U n iversity, chairm an; C h arles A. H orsky, attorney, W ashington, D .C.; and A aron H orvitz, in d u strial rela tio n s expert, of New York City. R eport to be m ade to the P resid en t by June 8. The p rin cip al is su e s w ere dem ands for in cr ea sed w a ges and changes in w orking ru les. M a y 25 June 4 F orm al h earin gs w ere scheduled to begin but w ere postponed until June 8. The com pany and union signed a 21-m onth agreem en t which did not provide for a gen era l w age in cr ea se but provided for im p rovem en ts in w orking conditions and for the reopening of the wage question at any tim e. 5. M aritim e Industry D ispute, A tlantic, P a c ific , and Gulf C o asts, and G reat L akes 1948— M aritim e u n io n s1 v. shipping com panies June 3 . 1948 B oard of Inquiry appointed by the P resid en t. M em bers; Harry Shulm an of Yale U n iversity Law School, chairm an; Andrew Jackson, attorney, New York City; Arthur P. A llen, U n iversity of C alifornia Institute of Industrial R elations; J e ss e F reid in , attorney, New York City; G eorge C heney, San Diego labor rela tio n s consultant. P rin cip a l is s u e s w ere higher w ages and retention of union hiring h a lls. Board h earin gs held con cu rren tly in New York and San F ra n c isc o . June 11 R eport of the B oard subm itted to the P resid en t. It pointed out that the b a sic dispute (the question of retain in g hiring h alls) " a rises from the am endm ent of the N ational Labor R elation s Act by the T aft-H a rtley Act." T em porary restra in in g ord ers issu e d by F ed er a l d istr ic t cou rts in June 14 New York, San F r a n c isc o , and C leveland. June 22 F ed era l d istr ic t courts in San F ra n c isc o and C leveland issu e d second 10-day restra in in g o rd ers. June 2 3 ________________ The court in New York issu e d an 80-d a y injunction barring strik es of m aritim e w o rk ers on the A tlantic and Gulf C oasts. June 30 The court in C leveland issu ed an 80-d ay injunction coverin g the G reat Lakes area. July 2 _ _ The court in San F ra n c isc o issu ed an 80-d a y injunction co verin g the P a cific C oast area. A ugust 10 Som e m em b ers of the Board reconvened in San F r a n c isc o . August 11_____________ Other m em b ers of the B oard reconvened in New York. A ugust 14_____________ F in al report of the B oard subm itted to the P resid en t, including a statem ent of the em ployers* "last offer" of settlem en t. S ee footnote at end of table. 7 5. M aritim e Industry D ispute, A tlantic, P a cific, and Gulf C o asts, and G reat L akes, 1948— M aritim e unions 1 v. shipping com p anies— Continued A ugust 18, 1 9 4 8 --------- N ational M aritim e Union and shipping op erators of A tlantic and Gulf C oasts reached an agreem en t providing for wage in c r e a se s and r e tention of union hiring halls pending court rulings on their leg ality . A ugust 25--------------------- N ational M arine E n g in ee rs' B en eficia l A sso cia tio n and A tlantic and Gulf C oast op erators reached an agreem en t providing for wage in c r e a se s, union hiring halls to be continued until th eir leg a l status determ ined by court action. A ugust 27--------------------- A m erican Radio A sso cia tio n signed a new contract providing for wage in c r e a se s and renew al of hiring hall p ro vision s of old contract pending court ruling on their leg ality . August 30—3 1 _________ N ational Labor R elations Board conducted a s e c r e t ballot of W est C oast em p loyees on the question of accepting the em p loyers' "last o ffer." The International L ongshorem en's and W arehousem en's Union boycotted the balloting and did not vote; m em b ers of the other W est C oast unions receiv ed b allots by m ail. Septem ber 1 ---------------- The 8 0 -day injunction coverin g the A tlantic and Gulf C oasts d isso lv ed by court action. Septem ber 2 ____ ____ The 8 0 -day injunction coverin g the W est C oast d isso lv ed . Septem ber 2 ---------------- N ational M aritim e Union and G reat L akes op erators reached an a g r e e m ent retaining the h irin g -h a ll c la u se s, pending a final court d ecisio n on the issu e . Stoppage began at P a cific C oast ports over wage and hirin g-hall is su e s. A pproxim ately 28, 000 lon gsh orem en and ship crew m em b ers w ere d irectly involved. N ovem ber 2 5 --------------- Settlem en t reached betw een em p loyers and ILWU (CIO), providing for wage in cr ea se of 15 cents an hour and retention of union hiring h alls pending court rulings on their leg ality . Within the next few days, the other striking unions secu red settlem en ts varying among unions. Sep tem ber 2 __________ 1 International Longshorem en's and W arehousem en's U nion (CIO); N ational M aritim e U nion (CIO); N ational Union of M arine Cooks and Stewards (CIO); N ational M arine E ngineers'B eneficial A ssociation (CIO); P acific Coast M arine F irem en, O ilers, W atertenders and Wipers' A ssociation (In d .); and A m erican Radio A ssociation (CIO). The International Brotherhood of E lectrical Workers (AFL) through one of its lo ca ls, representing m arine radio operators, was involved also. 6. B itum inous Coal M iners' C ontract D ispute, 1948— United M ine W orkers of A m erica (ind. ) v. bitum inous coal m ine operators June 19, 1948_________ Board of Inquiry contract dispute M em bers: David E. Wight Bakke of of P ennsylvania. appointed by the P resid en t to report on the coal over w ages and other conditions of em ploym ent. L. C ole, attorney, of P aterson , N. J ., chairm an; Y ale U n iversity; Waldo E. F ish er of the U n iversity 8 6. B itum inous Coal M iners C ontract D ispute, 1948— United M ine W orkers of A m erica (Ind.) v. bitum inous coal m ine o p erators— Continued June 24, 1948_________ A greem en t coverin g co m m ercia l m in es reach ed on a 1 -y ea r con tract providing for a w age in c r e a se of $1 a day and for doubling the op erators' paym ents into the w elfa re and re tir em en t funct—from 10 to 20 cen ts a ton of coal m ined. J u n e 26 _ Board rep orted to the P resid en t that the th rea t of a co al strik e affecting the public in te r e st had been averted . 1 1 The agreem ent negotiated with the com m ercial bituminous mine operations was not accepted by operators of "captive” m ines. The union-shop clause was the issue in dispute. Approximately 42,000 em ployees of "captive" m ines were on strike for about 9 days in July. Operators then accepted the union-shop clause with the proviso that it would be m odified if court rulings required. 7. D ockw orkers D ispute on the A tlantic C oast, 1948— International L on gsh orem en 's A sso cia tio n (AFL) v. shipping com p an ies A ugust 17, 1948______ A u g u s t 20 Board of Inquiry appointed by the P resid en t. M em bers: Saul W allen, labor attorney, B oston , M a ss., chairm an; Josep h L. M iller, labor consultan t, W ashington, D .C .; Ju liu s K ass, attorn ey, N ew York City. P rin cip a l is s u e s w ere w age in c r e a s e s and application of overtim e rates. R eport of the B oard subm itted to the P resid en t. It stated that the dispute over overtim e paym ents had blocked n eg otiation s and that agreem en t on other term s m ight be reach ed quickly if the ov ertim e question could be reso lv ed . A ugust 2 1 ----------------- . The F e d e r a l d istr ic t court in New York issu e d a 10-d ay restra in in g order prohibiting str ik es and lock ou ts by lon g sh o rem en and em p lo y ers at A tlantic C oast p orts. A ugust 2 4 _____________ E igh ty-d ay injunction issu e d by the court. The effect of th is w as to prohibit str ik e s or lockouts until N ovem ber 9. A ugust 2 6 _____________ The B oard recon ven ed by the P resid en t. O ctober 21____________ S u b m ission to the P resid en t of the B oard 's fin a l rep ort including a statem en t of the em p lo yers' " last offer" of settlem en t. Novem ber. 4—5 ________ N ational Labor R elation s B oard conducted a p oll of union m em b ers on the question of accep tin g em p lo yers' " last offer." The em p lo y ees rejected the offer by a large m ajority. N ovem ber 9 __________ Union o fficer s and shipping rep resen ta tiv e s concluded an a greem en t providing for w age in c r e a s e s of 10 cen ts an hour in str a ig h t-tim e ra tes and 15 cen ts in o v ertim e ra te s. A n tistrik e injunction d isso lv e d by court action. N ovem ber 10 _ _ Sporadic stoppages developed along the co a st as lon g sh o rem en voted to reject the agreem en t. N ovem ber 12 M ajority of union lo c a ls rejected ten tative a greem en t and an o fficia l strik e w as sanctioned by the union. A p p roxim ately 45, 000 dockw orkers from M aine to V irginia w ere involved. N ovem b er 25_ _ A greem en t reach ed , providing for a 13-c e n t h ourly in c r e a se in str a ig h t-tim e r a te s, 19 1/2 cen ts in o v ertim e r a te s, a w e lfa re plan, and im p roved vacation b en efits. N ovem b er 28 A fter agreem en t w as ra tified by the m em bership, d ock w ork ers returned to w ork. 9 8. B itum inous Coal M iners' C ontract D ispute, 1949—50— United M ine W orkers of A m erica (In d .) v. bitum inous coal m ine op erators Sep tem ber 19, 1949__ N ationw ide work stoppage of bitum inous coal and anthracite m in ers began over term s of a new con tract to rep lace the agreem en t w hich had expired June 30, 1949. O ctober 3_____ ________ A nthracite and w estern bitum inous coal m in ers returned to work but the rem aining 320, 000 bitum inous co al m in ers stayed out until N ovem ber 9. Subsequently, sporadic stoppages recu rred in variou s bitum inous coal field s. F ir s t w eek of F ebru ary 1950______ S trik es again b ecam e gen era l throughout the bitum inous co a l m ining industry. F ebru ary 6 ___________ Board of Inquiry appointed by the P resid en t. M em bers: David L. C ole, law yer of P aterson , N. J., chairm an; W. W illard W irtz, N orth w estern U n iversity Law School; and John T. Dunlop, H arvard Graduate School of B u sin ess A d m in istration . P rin cip al union dem ands cen tered on in crea sed em ployer paym ents to the union pen sion and w elfa re fund, wage in c r e a se s, and a reduced workday. The m ine op erators sought to elim in ate from the contract certain p ro v isio n s, including the union-shop req u est, the "able and w illing" to work cla u se, the cla u se p erm ittin g w ork stoppages during " m em orial p er io d s," and the p ro v isio n lim itin g paym ents from p en sion and w elfa re funds to union m em b ers. F ebru ary 11---------------- The B oard reported that "this is b a sica lly a dispute . . . over the w age and w elfare fund contribution is su e s. Behind the ta ctica l m a neu verin gs of the n egotiators is fundam entally an issu e of d o lla rs and cen ts. " Although nonwage m a tters w ere found to involve " issu es of sign ifican t p rin cip le," the Board stated that "m utually acceptable term s coverin g th ese nonwage is su e s can be negotiated once the m oney is su e s are reso lv ed . " The B oard 's report, which noted that im m ed iate settlem en t of the dispute was not lik ely , w as follow ed on the sam e day by a F ed eral court injunction again st the continuance of the strik e. F ebru ary 20---------------- Contem pt p roceed in gs w ere initiated again st the union when the m in ers refu sed to return to work d esp ite in stru ction s from th eir p resid en t, on F ebruary 11 and again on F ebruary 17, callin g for com p liance with the court order. M arch 2 _______________ The F ed eral d istr ic t court in W ashington, D. C. , found the union not guilty on the ground that the G overnm ent had failed to produce su ffi cient evid en ce to support ch arges of eith er c iv il or crim in a l contem pt. M arch 3 ______________ P resid en t Trum an asked C on gress for sp ecia l leg isla tio n to p erm it the G overnm ent to se iz e and operate the coal m in es in v iew of the "dangerous" cu rtailm en t of coal production. M arch 5 ---------------------- C onclusion of an agreem en t betw een the disputants in bitum inous coal. 1 The settlem en t provided for in c r e a se s of 70 cen ts in the b a sic daily w age and of 10 cen ts per ton— from 20 to 30 cen ts— in the em p loyers' paym ents into the. w elfare and retirem en t fund; continuance of the union shop "to the e x t e n t ..........................p erm itted by law "; lim itation of " m em orial period" stoppage to 5 days a year; and elim in ation of the "able and w illing" cla u se. The new contract, effectiv e until July 1, 1952, p erm itted reopening on w age questions after A pril 1, 1 9 5 1 .2 1 An agreem ent covering the anthracite miners, patterned largely on the bituminous coal contract, was signed on March 9. 2 The miners' agreem ent, like many other long-term contracts, was reopened before its scheduled date. By agreem ent reached in late January 1951, bituminous coal miners were granted a wage increase of 20 cents an hour and the term ination date of the existing contract was changed to March 31, 1952. The contract was to continue after that date unless either the m ine operators or the union should give 60 days' notice of term ination. 10 9. N onferrous M etals D isp u te, 1951— International Union of M ine, M ill and S m elter W orkers (Ind.) v. copper and other n onferrous m eta ls industry N ationw ide strik e ca lled by the MMSW to en force its w age and p en sion p ro p o sa ls. The strik e halted virtu a lly a ll copper production and cu rta iled su b stan tia lly the production of zin c, lea d , m an gan ese, m olybdenum , and tungsten. S ev era l A F L unions and two railroad broth erhoods w hich w ere a lso involved in the d isp u te, did not d ire ctly engage in the strik e but resp ected MMSW pick et lin e s , bringing the total num ber idled to approxim ately 4 0 ,0 0 0 . P resid en t Trum an im m ed ia tely re fe rre d the dispute to the W age S tab ilization B oard for in vestigation and recom m en dations as to a settlem en t. A ugust 29 - « — — The MMSW rejected a WSB req u est that the strik e be term in a ted a s a condition to B oard co n sid eration of the is su e s in the dispute. A u g u s t 30 B oard of Inquiry appointed by the P resid en t. M em bers: Ralph T. Sew ard, chairm an, P ittsb u rgh , P a ., and G. A llen D ash, P h ilad elp h ia, P a ., arb itrators; Josep h L. M iller, in d u strial rela tio n s consultan t, W ashington, D.C. A u g u s t 31 The MMSW and the K ennecott Copper C o., la r g e st producer in the industry, reach ed a settlem en t, retro a ctiv e to July 1, 1951. T erm s included a g en era l w age in c r e a se of 8 cen ts an hour, an average in c r e a se of 7 cents an hour to co ver job rate r e v isio n s, ancl a com pany-paid pen sion plan estim ated to co st 4 V2 cen ts an hour. W age sc a le s w ere m ade subject to ren egotiation after January 1, 1952. The other th ree m ajor p rod u cers in the in d u stry— P h elp s Dodge C orp ., A m erican Sm elting and R efining C o., and Anaconda Copper M ining Co.— rejected the K ennecott settlem en t pattern. S e p t e m b e r 4 _ __ R eport of the B oard of Inquiry subm itted to the P resid en t. The B oard found that the strik e w as causing or aggravating c r itic a l sh o rta g es of v ita l m a ter ia ls and that its continuation posed a threat to the d om estic econom y and the national d efen se program . T hereupon, the P resid en t d irected the A ttorney G eneral to seek a court injunction to halt the strik e. A u g u s t 27. 1951 Sep tem ber 5__________ A tem p orary injunction, ord erin g the union to term in a te the w alkout, w as issu e d by the F ed era l circuit court in D enver, Colo.— headquarters of the union. Sep tem ber 6__________ The union ord ered an im m ed iate return to work; by Septem ber 10 the m ajority of w o rk ers had returned. Sep tem ber 2 7 ________ S ettlem en t reached w ith the P h elp s Dodge C orp., providing for an 8 -ce n t g en era l hourly w age in c r e a se , 7 3 /4 cen ts an hour to co ver job rate r e c la s sific a tio n s plus 2 cen ts an hour for com m on lab or, and 4 V 2 cen ts an hour for p en sion s. O ctober 9 _____________ C om panyw ide agreem en t reached w ith the A m erican Sm elting and R efining C o., providing for an 8 -cen t g en era l h ourly w age in c r e a se , varying hourly adjustm ents to co ver job rate r e c la s sific a tio n s, a third w eek 's vacation after 15 y ea rs' se r v ic e , in cr ea sed shift d iffere n tia ls, and a com p any-paid p en sion plan. N ovem ber 5 The B oard of Inquiry rep orted that a g reem en ts had b een concluded w ith Anaconda Copper M ining C o., another m ajor p roducer, and with v irtu a lly a ll of the other fir m s that had been involved in the dispute. N ovem ber 20__________ "L ast offer" b allo ts conducted by NLRB in plants of eight com p an ies. W orkers rejected the offer. 11 10. A m erican L ocom otive Co. D ispute, 1952— A lco P rodu cts D iv isio n Plant, Dunkirk, N. Y. v. United S teelw ork ers of A m erica (CIO) 1 A ugust 29, 1952 Work stoppage that idled som e 1, 600 production, m aintenance, and c le r ic a l w ork ers began follow ing the co lla p se of n egotiations over the union’s p ro p osals for a union shop and a w age and frin ge ben efit '’p ack age” in c r e a se estim ated to am ount to about 2 1 V2 cen ts an hour, re tro a ctiv e to F ebruary 1, 1952, the day follow ing the expiration date of the p reviou s agreem en t. D ecem b er 3. Board of Inquiry appointed by the P resid en t. 6 M em bers: Abraham J. H arris, chairm an, and P hilip L evy, attorn eys, W ashington, D .C .; and G eorge Cheney, labor relation s consultant, San D iego, C alif. The B oard reported to the P resid en t that the work stoppage was "im m ed ia tely and serio u sly delaying the production of equipm ent and of fissio n a b le m a ter ia ls e sse n tia l for atom ic w eapons needed for the national d efen se, ” and that resum ption of production was im p erative if the atom ic energy program was to m eet its sched ule. D ecem b er 11 D ecem b er 12 — D ecem b er 29 F ollow ing the B oard 's report, the P resid en t d irected the D epartm ent of J u stice to p etition for an injunction again st the strik e. A tem porary restra in in g order, prohibiting continuation of the strik e and d irectin g a resum ption of bargaining, w as issu ed by the F ed eral d istr ic t court in B uffalo, N. Y. The union im m ed ia tely ordered a return to work; by D ecem b er 15 m ost of the w ork ers had returned. An 80-day injunction, expiring M arch 2, 1953, was issu ed by the d istr ic t court. The court rejected the S teelw ork ers' argum ents challenging the con stitu tion ality of the T aft-H artley A ct's "national em ergen cy" p ro v isio n s. January 5, 1953 The Suprem e Court denied the union's req u est for im m ed iate review of the d istr ic t court ruling. F ebru ary 20 A "m em orandum of understanding" on b asic settlem en t term s was announced by the F ed eral M ediation and C onciliation S erv ice. It p r o vided for a "package" in crea se in w age and other b en efits estim ated to am ount to 16 cen ts an hour; a $ 150 lu m p -su m paym ent in lieu of retro a ctiv e pay for each em p loyee who had w orked 7 5 p ercen t of the regu larly sched uled w orking tim e sin ce the previous contract expired, with proportionate paym ents to em p lo yees who had worked le s s than the required tim e; and a union shop with an "escape" p r o v isio n .3 The union's appeal from the d istr ic t court injunction was denied by the U. S. C ircu it Court of A ppeals in New York. M arch 2. 1 The dispute at the Dunkirk plant was included in the President's certification to the Wage Stabilization Board, on D ecem ber 22, 1951, of disputes involving basic steel com panies and the Steelworkers. This dispute, however, was treated separately from the basic steel dispute. Subsequently, a separate WSB panel held extensive hearings in the Dunkirk dispute, but before it could formulate its recom m endations, the Defense Production A ct was amended, effective July 1, 1952, to abolish the Board's disputes authority. 2 The Executive order establishing the Board did not apply to disputes involving the Steelworkers at the company's plants in Auburn and Schenectady, N .Y . (producers of diesel engines, Army tanks, and diesel locom otives). Approximately 1,000 production and clerical workers at the Auburn plant went on strike October 20, 1952. Two days later, about 6 ,8 0 0 production workers walked out at the Schenectady plant; some 500 office workers at the plant joined the strike on D ecem ber 8. The walkouts were called to enforce demands sim ilar to those involved in the dispute at the Dunkirk plant. 3 The settlem ent covered the company's Auburn and Schenectady, N .Y . , plants, as w ell as the Dunkirk, N .Y . , plant. Following ratification of the settlem ent by union members at each of the three plants in late February and early March, separate agreements were reached on certain local issues and on distribution of the "package" adjustment among wage increases and fringe benefits. Employees on strike at the Auburn and Schenectady plants were back at work by March 2 and March 9, respectively. 12 11. L on gsh orem en 's D ispute on the A tlantic C oast, 1953— International L on gsh orem en 's A sso cia tio n (Ind.), International L on gsh orem en 's A sso cia tio n (AFL) v. shipping and steved orin g com p an ies O ctober 1, 195 3______ Work stoppage of 3 0 ,0 0 0 dockw orkers began in A tlantic C oast ports after the New York Shipping A sso cia tio n and the ILA (Ind.) fa iled to agree on a new contract. A union r iv a lry dispute a lso e x isted , in volving the ILA (Ind.) and the new ly created ILA (A F L ). B oard of Inquiry appointed by the P resid en t. M em bers: David L. C ole, fo rm er d irecto r of the F ed era l M ediation and C on ciliation S e r v ic e , chairm an; Dr. H arry J. C arm an, dean em eritu s of C olum bia C ollege at Colum bia U n iversity, New York C ity, and a m em b er of the N ew York State M ediation S erv ice; Rev. D ennis J. C om ey, S .J., d irecto r of the Institute of Industrial R elation s, St. Jo sep h 's C o lleg e, P h ilad elp h ia, P a. O ctober 5______________ R eport of the B oard subm itted to the P resid en t stated that the im pact of the stoppage w as " extrem ely seriou s" and that the p o ssib ility of getting the m en back to w ork through c o lle c tiv e bargaining w as rem ote. F ollow ing the B oard 's rep ort, the P resid en t in stru cted the A ttorn ey G eneral to apply for a court injunction. A tem p o ra ry 10-d a y r e straining ord er w as issu e d by Judge Edward W einfeld in the U.S. D istrict Court in New York C ity. The union im m ed ia tely o rd ered a return to work; m ost of the lon gsh orem en rep orted for w ork O ctober 6. O ctober 15 The tem p orary injunction against the International L on gsh orem en 's A sso cia tio n (Ind.) w as extended 10 days to O ctober 25. At the req u est of the J u stice D epartm ent, it w as broadened to include the rival lo n g sh o rem en 's union recen tly ch artered by the A FL . O ctober 20 An 80-d ay injunction (expiring D ecem b er 24) w as issu e d in N ew York City by Judge W einfeld barring any strik e along the E ast C oast by the International L on gsh orem en 's A sso cia tio n (Ind.). O ctober 22 The New York Shipping A sso cia tio n p etition ed the N ational Labor R elations Board to conduct an im m ed iate p oll of the dockw orkers in the P ort of New York to d eterm in e w hether th ey p re fe rre d rep resen tation by the International L on gsh orem en 's A sso cia tio n (Ind.) or the new A FL International L on gsh orem en 's A sso cia tio n . O ctober 23 Judge W einfeld sign ed an order extending the 80-d ay injunction to the ILA (AFL) stating that the group w as a party to the o rig in a l dispute and that it w as involved in the gen era l co lle c tiv e bargaining situation. O ctober 26 __ The New York Shipping A sso cia tio n announced that it w as resu m in g negotiations w ith the ILA (Ind.) at the req u est of the union, but that no agreem en t could be concluded until the NLRB d eterm in ed w hich union w as to be bargaining agent. N ovem b er 8_____ __ __ The C hairm an of the N ew York Shipping A sso cia tio n urged P resid en t E isenhow er to d irect the NLRB to expedite an ele ctio n so that the em p lo y ers could know, not la ter than D ecem b er 1, w ith w hich union they w ere to deal. 13 11. L on gsh orem en 's D ispute on the A tlantic C oast, 1953— International L ongshorem en's A sso cia tio n (In d .), International L ongshorem en's A sso cia tio n (AFL) v. shipping and steved orin g com p an ies— Continued N ovem ber 16, 1953___ NLRB opened h earings on a rep resen tation election . The New York Shipping A sso cia tio n proposed that the B oard ca ll for a vote by all dockw orkers in the P ort of New York; the L on gsh orem en 's Union (AFL) proposed that only lon gsh orem en in that port be included; and the ILA (Ind.) proposed that all dockw orkers from M aine to V irgin ia be d eclared elig ib le to vote in the election . N ovem ber 20 As the h earin gs continued, the ILA (AFL) filed with the NLRB unfair labor p ra ctice ch a rges again st both the N ew York Shipping A sso cia tio n and the ILA (In d.). (The A F L union held that the A sso cia tio n had dom inated and given financial a ssista n c e to the ILA (Ind.). It charged that the independent union had exacted m oney from the shipping group for se r v ic e s not p erfo rm ed .) N ovem ber 24 The NLRB set D ecem b er 16 and 17 as the dates for a coastw ide ballot on the question of accepting the em p loyers' "last offer. " D ecem b er 3. The B oard of Inquiry reconvened in New York C ity. Shipping A sso cia tio n reiterated its "last offer. " D ecem b er 4. The Board of Inquiry reported to the P resid en t that a strik e w as lik ely to occu r D ecem b er 24 at the expiration of the injunction. The Board stated that the issu e of union rep resen tation overshadow ed a ll oth ers. It a lso stated that any "last offer" of the em p lo yers would probably be rejected . D ecem b er 11 The NLRB canceled the scheduled referendum on the em p loyers' "last offer. " D ecem b er 17 The NLRB scheduled a rep resen tation electio n for D ecem b er 22 and 23, to include longshorem en and other dockw orkers in the P ort of New York; but excluded those who had worked few er than 700 hours in the year ending Septem ber 30, 1953, as w ell as th ose who had not re g iste red for em ploym ent as required in New York and New J e r se y . 1 D ecem b er 24 O utcom e of electio n held D ecem b er 22 and 23 was announced as 9, 060 votes for ILA (In d .), 7, 568 for ILA (A FL ), 95 for no union, and 4, 405 challenged. D ecem b er 31 A FL P resid en t G eorge M eany petitioned to NLRB to set asid e the election , charging v io len ce and intim idation against A FL m em b ers by the riv al u n ion .2 The New York 1 Under bi-State legislation enacted in June 1953, which was designed to deal with waterfront corruption, the Waterfront Commission of New York Harbor took control of longshore hiring in the port on December 1, 1953. 2 On April 1, 1954, the NLRB invalidated the December representation election and ordered a new election. 14 Sum m ary of D evelopm ents in 1954 A b rief su m m ary of m ajor 1954 d evelopm ents com pleting the h isto ry of th is prolonged dispute fo llo w s. T hese events involved further action by the N ational Labor R elation s Board and the cou rts, but did not resu lt in a rein vocation of the national em erg en cy p ro v isio n s of the Labor M anagem ent R elations (T aft-H artley) A ct. The New York w aterfront dispute betw een the old ILA and the new A FL union continued in ea rly 1954. The A F L union p etitioned the NLRB to set asid e the rep resen tation electio n on the ground that co ercio n and intim idation had prevented a free ex p ressio n of the w ork ers' w ill. Unfair labor p ra ctice ch a rges w ere filed by the ILA (Ind.) again st G overnor D ew ey and A F L P resid en t G eorge M eany, w ith the b a sic com plaint that they had conspired to in terfere with free ch oice in the rep resen tation election . The NLRB regional d irecto r in New York City, on January 11, recom m en ded that the B oard void the election . On F eb ru ary 17, the NLRB ord ered a fu ll hearing on ch arges of intim idation in the New York w aterfront election . In February, a lso , m em b ers of the ILA (Ind.) refu sed to w ork on the M oore M cC orm ack L ines p ier in New York b ecau se an ILA (A FL) shop stew ard w as em ployed. Subsequently, th is p ier w as picketed by m em b ers of the ILA (AFL) after the stew ard w as d ism isse d . M em bers of the T ea m sters Union (AFL) refu sed to c r o ss the picket lin e. In reta liation , the ILA (Ind.) d eclared a boycott of all truck freigh t handled by the T ea m sters union, w hich, in turn, pick eted the docks. The NLRB on M arch 4 obtained a tem p orary F ed era l court restra in in g ord er, under the secon d ary boycott p ro v isio n s of the T aft-H a rtley A ct, d irectin g the ILA (Ind.) and eight of its New York and New J e r se y lo c a ls to avoid str ik es or other in terferen ce w ith the loading or unloading of truck s at the p ie r s. M em bers of th is union stopped all w ork in the New York port on the follow ing day in defiance of the court ord er. T his w ork stoppage continued into ea rly A pril. The A rm y, on M arch 16, began hiring d ockw orkers, under c iv il se r v ic e ru le s, to load troop and cargo ships. S ev era l thousand m em b ers of the ILA (AFL) rep orted for work at other p ier s a ssu red of p olice p rotection . H ow ever, the stoppage rem ain ed portw ide m ost of the m onth, w ith occa sio n a l violen t c la sh e s betw een m em b ers of the two lon gsh ore unions. The New York Shipping A sso cia tio n , on M arch 25, offered a 10-cen t hourly package in c r e a se , retro a ctiv e to O ctober 1, 1953, to all lon gsh orem en who returned to th eir jobs by the end of the m onth. H ow ever, the offer failed to induce a g en era l back-to-w ork m ovem en t. On A pril 1, the NLRB set asid e the D ecem ber 1953 rep resen tation electio n and ord ered a new p oll. The B oard indicated that the ILA (Ind.) w ould be om itted from the ballot if it did not ce a se "conduct d esign ed to thw art or abuse p r o c e s s e s of the Board." The New York State Suprem e Court, on A pril 2, a lso ordered the union to ca ll off the strik e, and the union's p resid en t in stru cted his m em b ers to return to their jobs. A F ed era l d istrict court judge in M ay lev ied fin es of $50, 000 on the national ILA (Ind.) and sm a ller am ounts on eight of its lo c a ls, and sentenced th ree lo c a l o fficer s to p rison term s for contem pt of court. (The NLRB had petitioned the court for contem pt action after the M arch stoppage occu rred in defiance of the M arch 4 injunction.) The court granted the petition sought by the D epartm ent of J u stice to put the union into re ceiv e rsh ip to im prove the G overnm ent's chances of co llectin g the fin es. The secon d NLRB election w as held on May 26 w ith the follow ing resultb: ILA (Ind.) 9 ,1 1 0 votes; ILA (AFL) 8 ,791; neither union 51; voided 49; and challenged 1,797. On A ugust 27, 1954, after n ea rly a year of b itter stru ggle, the ILA (Ind.) w as certified by the NLRB as co llective bargaining agent for lon gsh orem en in the P ort of N ew York. During th is in terval no form al contract ex isted coverin g lon gsh ore op eration s in the port. 15 Sum m ary of D evelop m ents in 1954— Continued E arly in Septem ber, the ILA (ind. ) began n egotiations with the New York Shipping A ssociation . Initial dem ands included a wage in cr ea se of 10 cen ts an hour and a 3-cen t in c r e a se in health and w elfa re contributions, both retro a ctiv e to O ctober 1, 1953. L ater in the m onth, the union low ered its dem ands for retroactive in c r e a se s to 8 cents in d irect w ages and 2 cen ts in w elfare fund contributions. The union sought to lim it in itial negotiations to the settlem en t of the retroactivity but the a sso cia tio n contended that dem ands could not be sep arated from negotiations for a new contract and the appointm ent of a working arbitrator to handle "quickie" str ik es in the port. A 2-day strik e of 25, 000 New York dockw orkers ended O ctober 6 after the New York Shipping A sso cia tio n agreed to give the longshorem en an 8 -cen t hourly wage in cr ea se r e t ro active to O ctober 1, 1953. In turn, the independent lon g sh o rem en 's union pledged not to strik e again for 45 days, pending negotiations on a new contract. On D ecem b er 31, agreem en t was reached on a new 2 -y ea r contract, which was ratified by ra n k -an d -file union m em b ers on January 5, 1955. The new contract included p ro v isio n s for a union shop; a 7 -cen t hourly w age in cr ea se retro a ctiv e to O ctober 1, 1954, with an additional 6 cents in O ctober 1955; and a lib er a lize d pen sion and w elfare plan. 12. A tom ic E nergy D ispute, 1954— C arbide and Carbon C h em icals Co. , a D iv isio n of Union C arbide and Carbon Corp. v. United Gas, Coke and C hem ical W orkers (CIO) 1 July 6, 1954_________ Board of Inquiry appointed by the P resid en t to in vestigate and report on the labor dispute at Oak Ridge, Tenn., and Paducah, Ky., fa c ilitie s of the A tom ic E nergy C om m ission . The issu e was the amount of a proposed a c ro ss-th e-b o a rd w age in cr ea se. M em bers: T. K eith Glennan, p resid en t of the C ase Institute of T echnology, chairm an; John F. F loberg, attorney, W ashington, D. C. ; Paul H. Sanders, p ro fe s so r of la>v at V anderbilt U n iversity. Work stoppage involving 4, 500 production w orkers rep resen ted by the United Gas, Coke and C h em ical W orkers (CIO), at Oak R idge, Tenn., and Paducah, Ky., began with the rejection of a 6 -cen t hourly across-th e-b oard wage in cr ea se p reviou sly recom m ended by the A tom ic E nergy Labor M anagem ent R elations P anel. The em ployer had agreed to the wage in cr ea se. July 9- - - - ______ The S ecretary of Labor and union o fficia ls proposed a G overnm ent review of housing, health, and com m unity fa c ilitie s and other problem s affecting the w elfare of the w orkers and th eir fa m ilies. The S ecretary of Labor a lso announced that a study would be initiated to seek im provem ent of labor m anagem ent relation s in the atom ic energy field . July 7_________________ The Board reported to the P resid en t that a "state of c r isis " had not been reached but that it seem ed in evitable if the strik e continued. The w orkers returned to th eir jobs that day and the G overnm ent postponed obtaining an 80-day injunction. August 11-------------------- T em porary restra in in g order, effectiv e for 10 days, issu ed by the F ed eral d istr ic t court in K noxville, Tenn., to avert a threatened strik e. July 1 0 ----------------------- S ee footnote at end of table. 16 12. A tom ic E nergy D ispute, 1954— Carbide and Carbon C h em icals C o., a D ivision of Union C arbide and Carbon Corp. v. United G as, Coke and C hem ical W orkers (CIO) 1-r—Continued O ctober 11, 1954___ ... B oard of Inquiry reported to the P resid en t that the v iew s of the em ployer and the union rem ained unchanged. O ctober 21—22_________ The NLRB conducted a sec r e t ballot of em p lo yees on the accep tan ce or rejection of the em p lo y er's "last offer" of a 6 -ce n t hourly w age in cr ea se effectiv e A p ril 15, 1954. The w ork ers voted to re je c t the offer. O ctober 30 The 80-day injunction w as d isso lv ed . N o v e m b e r 7_ A greem ent reached on a c r o ss-th e -b o a r d w age in c r e a se of 6 cen ts an hour effectiv e A p ril 15, 1954, and an additional 4 cen ts, effectiv e January 15, 1955. H oliday pay p ra ctice w as adjusted to p erm it the ob servan ce of certain recogn ized holidays on F rid ay when th ey fa ll on Saturday. There were two separate disputes affecting employees of the Carbide and Carbon Chemicals Co. (See No. 13.) Although the members of the Board of Inquiry were identical in each case, the Boards were created by separate Executive orders and their hearings were also conducted separately. 13. A tom ic E nergy D ispute, 1954— C arbide and Carbon C h em icals C o., a D iv isio n of Union Carbide and Carbon Corp. v. A tom ic T rades and Labor C ouncil (A FL) 1 July 6, 1954__________ Board of Inquiry appointed by the P resid en t to in v estig a te and report on the labor dispute at Oak R idge N ational L aboratory and other fa c ilitie s of the A tom ic E nergy C om m ission at Oak R idge, Tenn. The p rin cipal issu e in the dispute w as the amount of a proposed a c r o ss-th e -b o a r d w age in cr ea se. M em bers: T. K eith Glennan, p r e s ident of the C ase Institute of T echnology, chairm an; John F . F lob erg, attorney, W ashington, D.C.; P aul H. S and ers, p ro fe sso r of law at V anderbilt U n iversity. July 1 9 .............................. B oard reported to the P resid en t that no im m ed iate threat of a w ork stoppage ex isted . A ugust 18_____________ A greem ent reached on a 6 -ce n t hourly w age in c r e a se , effectiv e A pril 15, 1954, with a wage reopening on January 15, 1955. N ovem ber 8_______ ____ A greem ent reached on a 4 - cent hourly w age in c r e a se , effectiv e January 15, 1955, and an adjustm ent in holiday pay p ra ctice to p erm it the ob servan ce of certain recogn ized h olidays on F rid a y when they fa ll on Saturday. * There were two separate disputes affecting employees of the Carbide and Carbon Chemicals Co. (See No. 12.) Although the members of the Board of Inquiry were identical in each case, the Boards were created by separate Executive orders and their hearings were also conducted separately. 17 14. D ongshoring D ispute on the A tlantic and Gulf C oasts, 1956—57— International L ongshorem en's A sso cia tio n (in d .) v. shipping and stevedoring com panies N ovem ber 16, 1956— - Work stoppage of approxim ately 60, 000 dockw orkers began after the N ew York Shipping A sso cia tio n and the ILA (Ind.) failed to reach agreem en t on term s of a new contract. 1 D isagreem en t over the ap propriate bargaining unit, w age in c r e a se s tied to length of contract, slingload lim itation s, 8-hour work guarantees, and gang siz e led to failu re of p restrik e n egotiations. N ovem ber 21 At req u est of N ational Labor R elations Board, Judge F red rick Van P elt Bryan, U. S. D istrict Court for Southern New York, issu e d a tem porary order restra in in g the ILA (Ind.) from continuing dem and that the New York Shipping A sso cia tio n negotiate a coastw ide contract. N ovem ber 22 B oard of Inquiry appointed by the P resid en t and h earings began in W ashington, D .C . M em bers: Thom as W. Holland, P ro fesso r, of Labor E conom ics and Industrial R elations, G eorge W ashington U n iversity, W ashington, D .C ., chairm an; Arthur Stark, E xecu tive S ecretary, New York Board of M ediation; Jacob J. B lair, P r o fe sso r of Industry, U n iversity of Pittsburgh, Pittsburgh, Pa. N ovem ber 24 The Board reported to the P resid en t that the "continuation of this (industryw ide bargaining) issu e as an unsettled m atter is preventing the com p letion of c o llectiv e bargaining con tracts in all p orts. " Im m ed ia tely follow ing the B oard's report, the P resid en t d irected the D epartm ent of J u stice to p etition the appropriate d istr ic t court for an injunction against the strik e. A 10-day restra in in g ord er was issu ed by Judge Bryan. The union ordered a return to work; m ost of the lon gsh orem en reported for work N ovem ber 26. N ovem ber 30 O riginal 10-day restrain in g order extended to the full 80-day period authorized by the Labor M anagem ent R elations ( T aft-H artley) Act by Judge Bryan; he acted orally as the wave of slow dow ns and refu sa ls of lon gsh orem en to work during the noon hour and at night reportedly continued for the second day. D ecem b er 4 ----------------- Judge B ryan signed exten sion order issu ed on N ovem ber 30, prohibiting the union from "taking part in any strik e in the m aritim e industry in the United States" and d irectin g the union to in stru ct its m em b ers to return to work. O rder provided that any in c r e a se s in w ages, p en sion s, and w elfare contributions would be retro a ctiv e to O ctober 1. D ecem b er 1 2 -------------- Judge B ryan issu ed tem porary injunction prohibiting the ILA (in d .) from in sistin g upon industryw ide bargaining in its negotiations with New York em p lo yers; the injunction to continue in force until NLRB ruled on New York Shipping A sso cia tio n 's charge of unfair labor p r a ctices. Board had tw ice decided that bargaining for em p loyees of New York Shipping A sso cia tio n should be lim ited to P ort of New York. January 3, 1957 --------- ILA (ind.) and New York w aterfront em p lo yers conducted fir st serious* joint negotiating s e s sio n sin ce N ovem ber 19. January 15 ------------------ The F ed eral M ediation and C onciliation S erv ice su ggested arbitration to settle dispute. C ounsel for union requested P resid en t to appoint a factfinding co m m issio n . January 16 N ational Labor R elations Board tria l exam in er recom m ended that full Board bar union's u se of econom ic p re ssu re , including a strik e, to force shippers to agree to contract coverin g m ore than P ort of New York, on the ground that the union's dem and fo^r coastw ide contract, w hile sh ip p ers in sisted on confining negotiations to certify in g a b a r gaining unit (New York and vicin ity ), am ounted to refu sal to bargain, and was th erefore an unfair labor p ra ctice. See footnote at end of table. 18 14. L ongshoring D ispute on the A tlantic and Gulf C o asts, 1956—57— International L on gsh orem en 's A sso cia tio n (Ind.) v. shipping and steved orin g com panies-—Continued January 18, 1957_____ S ecreta ry of Labor M itch ell, acting for the P resid en t, rejected the union's req u est for estab lish m en t of factfinding co m m issio n , citing p ro ced u res provided by T aft-H a rtley Law and urging em p lo y ers and union to continue negotiation s. January 2 2 _______ _____ N ew York Shipping A sso cia tio n and other port em ployer groups p resen ted fin al term s for settlem en t to P resid en tia l B oard of Inquiry. N ational Labor R elation s Board announced d ockw orkers would vote on em p loyers' " last offer" at p orts from P ortland, M aine, to B ro w n sv ille, T ex., F eb ru ary 4 through F eb ru ary 7, 1957. B oard rep orted to the P resid en t on the e m p lo y ers’ "last o ffers." January 23 ™ January 31 F ed er a l M ediation and C onciliation S erv ice proposed form u la for settlem en t. F eb ru ary 2 F ed era l M ediation and C onciliation S erv ice form u la w as withdraw n pending the outcom e of the w ork ers' vote on em p lo yers' "last offers." F ebruary 5 U.S. Court of A ppeals unanim ously upheld Judge B ryan 's D ecem b er order prohibiting the ILA (Ind.) from dem anding that em p lo y ers bargain on a coastw ide sca le. F eb ru ary 7 _ D ockw orkers rejected em p lo yers' " last offers" by a vote of 1 4 ,458 to 1 ,1 8 5 , w ith 416 b allo ts voided or challenged. New York Shipping A sso cia tio n offered to subm it the dispute to arbitration. F ebruary 8___________ ILA (Ind.) rejected the em p loyers' offer to arb itrate. F eb ru ary 9 Union and em p lo yers agreed to n egotiate on b a sis of F ed er a l M ediation and C onciliation S erv ice p rop osal of January 31, 1957. F ebruary 12__________ About 35, 000 dockw orkers again stopped w ork at A tlantic C oast ports from P ortland, M aine, to Hampton R oads, V a., as 80-d ay injunction expired. 2 F ebruary 13__________ 80-d a y injunction w as form a lly d isch arged by court action. F ebruary 17 __________ A greem en t on term s of a 3 -y ea r "m aster" contract reached betw een the ILA (Ind.) and New York Shipping A sso cia tio n , subject to ra tifica tion by ILA m em b ersh ip . D isagreem en t over contract term s at P h ilad elp h ia, B a ltim o re, and F eb ru ary 19 N orfolk continued to id le dockw orkers at A tlantic C oast ports from M aine to V irginia. F eb ru ary 2 2 __________ A greem en t reached on term s of a new con tract in N orfolk, the la st port to reach a settlem en t. F eb ru ary 2 3 ___________ D ockw orkers returned to w ork at a ll p orts. The "m aster" agreem en t for a ll ports from M aine to V irginia provided hourly w a g e-ra te in c r e a se s of 18 cen ts retro a ctiv e to O ctober 1, 1956, and 7 cents m ore in O ctober 1957 and 1958; in cr ea sed em p loyer w elfa re co n tr i butions; and included a c o st-o f-liv in g esca la to r cla u se. L ocal a g r e e m ents negotiated for each port co vered w orking con d ition s, vaca tio n s, h olid a ys, and w elfa re and pension b en efits. 1 Two contract extensions following the September 30 expiration d a t e had kept dock employees working through November 1Z, Contracts were first extended after the National Labor Relations Board, on September 24, directed a representation election in the Port of Greater New York following filing of a petition >y International Brotherhood of Longshoremen (AFL—CIO). On October 18, the NLRB announced that the ILA (Ind.) had won the election and was duly certified as collective bargaining agent for longshoremen. After the NLRB election, the New York Shipping Association filed charges with NLRB, alleging that the union was refusing to bargain in good faith because of its insistence on industrywide bargaining. Before striking, the union was prepared to accept a form of industry bargaining based on the employers' acceptance of certain issues. 2 New Orleans dockworkers signed a 3-year contract January 30; other locals from North Carolina to Texas quickly indicated that they would accept employers' terms. 19 15. A tom ic E nergy D ispute, 1957— Oil, C hem ical and A tom ic W orkers International Union (A FL—CIO) v. G oodyear A tom ic Corp. , a sub sid iary of the G oodyear T ire and Rubber Co. May 10, 1957_________ May 1 4 ________________ May 1 5 ________________ May 1 6 ________________ May 2 3 ------------------------- July 1 6 ________________ July 23—24_____________ August 4 ---------------------August 5 _ _ _ __ Work stoppage idling approxim ately 1, 500 production and m aintenance w ork ers rep resen ted by the Oil, C h em ical and Atom ic W orkers In ter national Union (A FL —CIO) began at the P ortsm outh plant of the A tom ic E nergy C om m ission , operated by the G oodyear A tom ic Corp. , near W averly, Ohio. On May 7, the union m em b ersh ip voted to reject a new 3-y ea r agreem en t reached by the union's negotiating com m ittee and re p resen ta tiv es of the G oodyear A tom ic Corp. , b ecau se of d is sa tisfa ctio n over contract p ro v isio n s, including wage in c r e a se s, health and safety and sen iority p ro v isio n s, contract length, and lack of job d escrip tio n s. B oard of Inquiry appointed by the P resid en t. M em bers: Guy F arm er, form er chairm an of the N ational Labor R elations Board, chairm an; R. W. F lem ing, d irecto r, Institute of Labor and Industrial R elation s, U n iversity of Illin ois; and G eorge S. B radley, Toledo, Ohio, attorney. Board reported to the P resid en t that the issu e s in the labor dispute w ere u n resolved and that the strik e se r io u sly affected a substan tial part of the atom ic energy industry and im p eriled the national safety. The P resid en t d irected the Ju stice D epartm ent to seek an 80-day injunction to halt the strik e. F ed eral Judge John H. D ruffel, C incinnati, Ohio, issu e d a 10-day injunction ordering the union m em b ers to return to work within 24 hours. Union ordered w orkers back to work; by May 17, w orkers had returned. D irecto r of F ed eral M ediation and C onciliation S ervice asked r e p r e sen tatives of the com pany and union to m eet May 27, 1957, with a panel of three m ed iators to help re so lv e the is su e s in dispute. .With the con sen t of all p a rties, an 8 0 -day injunction (expiring August 5, 1957), restra in in g em p loyees from striking at the P ortsm outh plant was issu e d by Judge D ruffel. The B oard 's final report to the P resid en t stated that both p arties to the dispute had m ade concessions; how ever, settlem en t "over w ages and tied in with the term s of a new labor agreem ent" had not been reached. B allot conducted by NLRB on em p loyers' "last offer" was rejected by w o rk ers. Injunction d isso lv ed . A new 3-yea r contract w as signed, providing hourly wage in c r e a se s of 11 cen ts, retroactive to A pril 30, 1957, an additional 2 cents on August 5, 1957, and 9 cen ts on A pril 30, 1958. It a lso provided for the reopening of wage negotiations on A pril 30, 1959. 16. L ongshoring D ispute on the A tlantic and Gulf C oasts, 1959----International L ongshorem en's A s s o c ia tio n 1 v. shipping and steved orin g com p anies A ugust 10, 1959 - — Joint bargaining se ssio n s began betw een the New York Shipping A s s o ciation 2 and the International L ongshorem en's A sso cia tio n . The union p resen ted its dem ands, which included: An extension of the M aster C ontract to cover all ports of the United States from Searsport, M aine, to B ro w n sv ille, T ex. , in which ILA is the bargaining r e p r e sentative; a 6-hour day (at a rate of $ 2 2 .4 0 per day); a guarantee of a day's pay each tim e a man is ordered out; in crea sed pension and w elfare b en efits; and a free ze on the 20-m an work gang. See footnotes at end of table. 20 16. Long shoring D ispute on the A tlantic and Gulf C o a sts, 1959— International L on gsh orem en 's A s s o c ia tio n 1 v. shipping and steved orin g com p anies— Continued August 17, 1959 ------- The New York Shipping A sso cia tio n , in a co u n terp rop osal, sought to extend the p resen t agreem en t for 3 y ea rs with changes allow ing e m p lo y ers the right to im prove the efficien cy of th eir op eration s by giving them grea ter " flexib ility of labor. " Am ong the other p r o v isio n s put forth w ere a flex ib le lunch hour, changes in tra v el pay a rran gem en ts, and recogn ition by the NYSA of the p rin cip le that p r o tection be provided against lo ss of job opportunities w hich m ay resu lt from autom ation. S ep tem ber 1 7 ------------ The New York Shipping A sso cia tio n and the ILA announced they w ere callin g on F ed era l and city labor m ed ia to rs in an attem pt to head off a strik e at the expiration of the 3 -y ea r agreem en t on Sep tem ber 30. Sep tem ber 18 ----------- M anagem ent m ade its fir st m onetary o ffer, proposing y ea rly in c r e a se s of 8, 3, and 4 cents an hour in a 3-yea r ag reem en t, to be allocated am ong w a g es, p en sio n s, w elfa re, and paid holidays by the union, on the condition that the union agree that em p lo yers be given the right to im prove the efficien cy of their operations (by such m eans as m e ch an ical cargo handling g ea r, co n ta in ers, and container sh ip s). A lso sought by m anagem ent w ere changes in tra v e l pay arra n g em en ts, a p ro v isio n for tigh ter quitting tim e c la u se s, and a m ore flex ib le lunch hour. The p ro p osal contained a ssu ra n ce that adequate safegu ard s again st lo s s of job opportunities would be provided. S ep tem ber 19 ----------- A cou n terp rop osal was put forth by the ILA elim in atin g its origin al dem and for a 6-hour day. Instead, a straigh t 40 cents an hour w age in c r e a se , plus a guarantee of 8 hours' work per day and in cr ea sed fringe b en efits, w ere sought in a 2 -y ea r agreem en t. Sep tem ber 23 ----------- The ILA m odified its dem ands "all along the line" with reductions in w age dem ands and in the length of a guaranteed w orking day. Sep tem ber 24 ----------- E m p loyers countered with an offer of a 3 -y ea r agreem en t callin g for a m oney package of 24 cen ts— 12 cen ts in the fir s t y e a r, 6 in the secon d , and 6 in the third— that would be applied to w a g es, p en sio n s, w elfa re, an d /or other item s chosen by the union. The offer was contingent upon union acceptance of m od ification s in work ru le s. The offer was term ed as not "a fair one" by the union. F ed er a l, State, and city m ed ia to rs w ere asked by both sid es to take an active part in n eg otiation s, as a sta n d still had apparently been reached. N egotiations in southern ports a lso w ere sta lem ated over issu e s of slin gload lim its and gang s iz e . Sep tem ber 28 ----------- The ILA again cut its dem ands to a package worth approxim ately 50 cents an hour in a 3-yea r agreem en t. L ater in the day, the sh ip p ers rejected the p rop osal as " still too high. " Sep tem ber 29 ----------- Shippers in crea sed th eir offer to 30 cents an hour— 20 cents the fir st year and 5 cents in each of two follow ing y e a r s— in a 3-y ea r co n tract conditioned on new work rule changes. S ep tem ber 30 ----------- A threatened strik e was averted when the New York Shipping A s s o ciation and the ILA agreed on a 15-day contract ex ten sio n , with any subsequent in c r e a se s retro a ctiv e to O ctober 1. T elegram s from S ecreta ry M itch ell, G overnor N elso n R o ck efeller, and M ayor R obert F . W agner urged the p a rties to n egotiate without interrupting work. See footnote at end of tab le. 21 16. L ongshoring D ispute on the A tlantic and Gulf C o a sts, 1959— International L on gsh orem en ’s A s so c ia tio n 1 v. shipping and steved orin g com panies— Continued O ctober 1 , 1959 O ctober 5 O ctober 6 L ongshorem en in New O rleans struck as contracts exp ired , follow ing a refu sa l by southern shippers to grant retroactivity on in c r e a se s included in a proposed new agreem en t. The w alkout was joined by m em b ers in other southern ports on South A tlantic and Gulf C oasts. D esp ite a contract extension in the N orth, Captain W illiam V. B rad ley, p resid en t of ILA, pledged support of the striking southern dockw orkers and d eclared that m em b ers would not work on ships diverted from the South. The stoppage spread to the en tire ea st co a st, shutting down ports from M aine to T exas, affecting som e 50,000 w ork ers and 220 cargo sh ip s. The New York Shipping A sso cia tio n voted not to resu m e bargaining until O ctober 15 u n less w orkers returned im m ed i ately, claim in g that the strik e was ille g a l, and further in sisted that the union m ust give assu ran ce that it would ca rry out any agreem en t reached with northern shippers re g a rd less of developm ents in south ern p orts. By the follow ing day, union lea d ers claim ed the strik e "100 p ercen t effectiv e from M aine to T ex a s." M ediators w ere unable to arrange a joint m eetin g. A F ed era l D istr ic t Judge in New O rleans issu ed a tem porary r e str a in ing order against two New O rleans lo c a ls, N os. 1418 and 1419, as requested by the N ational Labor R elations B oard, acting on a co m plaint by New O rleans shippers charging that the two lo c a ls failed to serv e a 30-day strik e n otice, as required by law , before the contract expired. 3 P resid en t E isenhow er appointed a B oard of Inquiry to report to him by O ctober 10. M em bers of the B oard w ere Guy F a rm er, form er ch a ir m an of the N ational Labor R elations Board; G eorge F ran k en th aler, form er Surrogate Judge and form er m em ber of the New York State Suprem e Court; and John F. Sem bow er, a Chicago law yer active in labor arbitration work. The Board began its work late in the afternoon with the expectation , ex p ressed by M r. F a rm er, that the report would be ready before the 10th. O ctober 7 C om pleting its study of the strik e late in the day, the B oard fo r w arded it to the P resid en t. E a rlier testim o n y indicated an im p a sse over ju risd ictio n and autom ation. The B oard noted that the m ajor u n resolved issu e s w ere w age ra te s, certain fringe b en efits, p r o c e dures for in stallin g m ech an ical d ev ices and effecting con tain erization , and gang s iz e . Upon receip t, the P resid en t d irected the A ttorney G eneral to seek an injunction at once. As a re su lt of union com p lain ts, the W aterfront C om m ission of New York H arbor obtained a court order callin g on three steam sh ip lin es to show cau se why they should not be enjoined from using " u n reg is tered longshorem en" to handle baggage. See footnotes at end of table. 22 16. L ongshoring D ispute on the A tlantic and Gulf C o a sts, 1959— International L on gsh orem en 's A s s o c ia tio n 1 v. shipping and steved orin g com p an ies— Continued O ctober 8, 1959 A tem p orary 10-day restra in in g order was issu e d by F ed er a l D istrict Judge Irving R. Kaufman in New Y ork, acting upon application of the G overnm ent to seek injunctive r e lie f in the str ik e. The Judge found that the strik e had affected a su b stan tial part of the m a ritim e co m m er ce of the United S ta tes, that its continuance would im p er il the national health and sa fety, and that "im m ediate and irrep a ra b le d am age would result" if the restra in in g ord er was not granted. H earings on the issu a n ce of a tem p orary injunction for the rem aining 70-day period w ere sched uled for the 15th. O ctober 9 Work w as resu m ed at a ll ports with p rio rity given to about a dozen v e s s e ls containing p er ish a b les. The A m erican A sso cia tio n of R a il roads lifted its freigh t em bargo put into effect on the fir s t day of the str ik e. B argaining was expected to resu m e on O ctober 19, a l low ing tim e for the p orts to return to norm al operating le v e ls . O ctober 1 5 --------- F ollow ing an attem pt by the G overnm ent to have the tem p orary r e strain in g ord er replaced by a p relim in a ry injunction (on O ctober 14), Judge Kaufman extended his o rigin al order until he ruled on the m o tion for a further 70-day injunction. ILA o ffic ia ls asked the court to have an injunction guarantee that an anticipated pay in c r e a se be m ade retro a ctiv e to the day m em b ers returned to w ork. Judge Kaufman re se rv ed d ecisio n on this point. Judge Kaufm an issu e d a full injunction a ssu rin g continuation of work for the statutory period as provided for in the act. At the sam e tim e, he denied the union's req u est for retro a ctiv ity by .a ssertin g he w as neith er em pow ered nor in clin ed to u se the injunctive p r o c e ss for " m atters o rd in arily left to n egotiation. " N egotiations resu m ed with no sign ifican t p r o g r e ss reported. A set of "broad p rin cip les" and " sp ecific recom m en dations" w ere proposed by em p lo yers for dealing with the p rob lem s of autom ation. D eta ils w ere not m ade public. The ILA rejected the shipping a sso cia tio n 's p ro p osals as "not a fair offer. " E m p loyers rejected union p ro p osals for royalty paym ents on each ton of cargo handled in shipping con tain ers u n less the union agreed to reductions in the work fo rc e. P r e v io u sly , sh ip p ers had offered to pay into a fund 25 cents a ton on "unitized" or " containerized" cargo loaded or unloaded on the docks by w ork ers other than lon gsh orem en . A lso sought w as agreem en t to allow in sta lla tio n of autom atic cargo handling equipm ent and the right to regu late the s iz e of w ork gan gs. As a "basis" for settlem en t, the ILA accep ted p ro p o sa ls of F ed era l m ed ia to rs ca llin g for a 41 -cen t-a n -h o u r pack age, with a 1 2 -ce n t-a n hour r a ise retro a ctiv e to O ctober 1, and 5 -ce n t in c r e a se s to follow on O ctober 1, I960, and O ctober 1, 1961. In addition, the w elfa re contribution would be in crea sed by 7 cen ts an hour, of w hich 3 cents would be earm arked for c lin ic s, and the pen sion fund contribution would be in crea sed by 7 cen ts an hour. T hree new paid holidays would be added to the p resen t 5 at the rate of 1 a y e a r, and v a cation s would be lib er a lize d . E m p loyers w ere noncom m ital on the p ro p o sa ls. O ctober 17 O ctober 20 ---------------- O ctober 26 ----------------N ovem ber 4 --------------- N ovem ber 2 4 -------------- S ee footnote at end of tab le. 23 16. L ongshoring D ispute on the A tlantic and Gulf C o asts, 1959— International L ongshorem en's A sso c ia tio n 1 v. shipping and steved orin g com p an ies— Continued N ovem ber 27, 1959 __ The union rejected an em ployer solution to the problem of introd uc tion of laborsaving equipm ent which called for a 6-m onth period of d irect n eg o tia tio n s, after the contract was sign ed , on using and m an ning m ech an ical d ev ices. tIf an agreem en t could not be reached in the 6 m onths, the issu e would go to arb itration , accord ing to the proposal. D ecem ber 1 __________ N egotiators reached a basic agreem en t including a m a ster contract setting term s for w ages and b en efits for dockers from M aine to V ir ginia. M onetary term s w ere e sse n tia lly the sam e as proposed e a rlier in the 4 1-cen t-a n -h o u r package, co n sistin g of 12 cents retroactive to O ctober 1, 1959; an^additional 5 cen ts effectiv e O ctober 1, I960, and 5 cen ts effectiv e O ctober 1, 1961; sixth , seven th, and eighth paid holidays added in fir st, secon d, and third contract year* resp ectiv ely ; qualifying tim e for 2 and 3 w e e k s1' vacation pay reduced to 1, 100 and 1,300 hour,s a y ea r, resp e ctiv ely (w ere 1,200 and 1,500); 14 cents an hour com pany paym ent to pension fund (was 7 cents); 21 cents an hour com pare paym ent to w elfare fund (was 14 cen ts), including 3 cents for m em cal c lin ic s. M echanization issu e — em p lo yers agreed not to reduce the siz e of the standard 20-m an w ork gang and to u se ILA m em b ers to load or reload containers when work is donef at the p ier. The question of a penalty paym ent to the union for containers loaded off the pier was left for further negotiation. If no settlem en t was reached in 2 w eek s, it was agreed that this issu e would be arb itrated , with a d ecisio n to be m ade w ithin 30 days of su b m ission . S ettlem en ts subsequently reached at other A tlantic and Gulf C oast ports during D ecem ber provided b en efits sim ila r to the agreem en t with the New York Shipping A sso cia tio n , except for lo ca l w ork ru les. D ecem ber 3 __________ D ecem ber 6 ___ D ecem ber 7 ___ D ecem ber 10 _________ Union m em b ers w ere to vote on the agreem en t on D ecem ber 10. A "m em orandum of settlem ent" was signed including all but one of the p ro vision s agreed upon e a r lie r . C ontract talks resu m ed in New O rleans and G alveston, as w ell as in other ports in the South, w here agreem en ts are negotiated on a port b a sis gen era lly patterned after the New York agreem en t. A greem en ts w ere reached on local conditions and the 4 1 -cen t-a n -h o u r wage package in B oston, B altim ore, and P hiladelphia. The P resid en tia l Board of Inquiry reconvened in W ashington. T esti-* mony p resen ted by rep resen ta tiv es of the union and em p loyers in d i cated substan tial p ro g ress toward a settlem en t. The B oard 's second report was tran sm itted to the P resid en t. A greem ent was reached for N orfolk—Hampton R oads. ILA m em b ers in ports from M aine to V irginia overw h elm ingly ratified the new agreem en t. P ort of P hiladelphia w orkers did not vote, but union and em p lo yers had agreed upon a m a ster #contract. The union drew up a sep arate agreem en t coverin g working conditions with the P hiladelphia M arine Trade A sso cia tio n . Issu es at South A tlantic and Gulf ports s till rem ained u n settled. See footnote at end of table. 24 16. L ongshoring D ispute on the A tlantic and Gulf C o a sts, 1959International L on gsh orem en 's A s s o c ia tio n 1 v. shipping and steved orin g co m p a n ies— Continued D ecem b er 14, 1959 — The New York w age pattern was offered in M obile* N ew O rlea n s, and G alveston. Other is su e s rem ained u n settled . D ecem b er 1 7 -------------- P h ilad elp h ia lon gsh orem en ratified a 3 -y ea r con tract. F ed er a l m e d i ators in G alveston announced that fin al offers by em p lo y ers and dem ands by the union had been rejected . D ecem b er 2 3 -------------- L ongshorem en and em p lo yers in N ew O rleans agreed on a 3 -y ea r pact averting a renew ed strik e on the 28th. M oney term s of the con tract w ere id en tica l with the agreem en t reached in N ew Y ork. On the 21st and 22d, Gulf C oast lon gsh orem en had voted overw h elm in gly again st the " last offer" of the sh ip p ers. A greem en t had not been reached in M obile over the s iz e of work cr ew s. S ettlem en t was reached in G alveston on a ll is s u e s . D ecem b er 2 6 -------------- Shippers and union o fficia ls in M obile, the only rem aining u n settled p ort, agreed to the 3-y ea r contract. On D ecem b er 27, the injunction w as lifted . 1 Affiliated with AFL-CIO on November 17, 1959. 2 The association bargains for 170 steamship lines and contracting stevedores. 3 Labor-Management Relations (Taft-Hartley) Act, Sec. 8(d)(3). * New York—New Jersey law, under which the commission operates, made it mandatory for anyone doing pier work to be regis tered by the agency—a process that involves screening to bar criminals from the piers. 17. B a sic S teel Industry D isp u te, 1959— United S teelw o rk ers of A m erica (AFL—CIO) v. b asic s te e l industry J anuary—F ebruary— M arch 1959__________ Indications of an im pending dispute over new con tract term s b ecam e evident ea rly in 1959. P relim in a ry ta ctics w ere confined to gen era l sta te m en ts, tending to show how far apart in d u stry and union w ere lik ely to be in th eir in itia l con tacts. Com pany sp ok esm en ex p ressed th eir opposition to "inflationary" w age b o o sts. S teel production ro se as co n su m ers built up in v en to ries. F oreign co m p etitio n , w hich was to be cited m any tim es in the loom ing d isp u te, w as introduced by p rod u cers as a factor to be co n sid ered in n eg otiation s. P resid en t E isen h ow er, in a F ebru ary p r e ss co n feren ce, stated that "I have alw ays urged that w age in c r e a se s should be m easu red by in c r e a se of p rod u ctivity, and I think th ere would be no in flation ary effect if they w ere m easu red by that criterio n . " A p ril 1 ------------------------ K aiser S teel Corp. , replacing P ittsb u rgh S teel C o ., joined the "big tw elve" com p anies who w ere to p articip ate in n egotiation s sch ed uled to begin M ay 18. 1 Individual com pany m eetin g s with rep resen ta tiv e s of the United S teelw ork ers of A m erica w ere sched uled for the w eek of May 18, after which talks would be r e c e s s e d until June 1. At that tim e, n egotiations w ere to be resu m ed , to be handled for the industry by re p resen ta tiv es from three of the com p an ies— United States S teel, R epublic S teel, and B ethlehem S teel— in stead of by the 12 m ajor p r o d u cers. R ep resen tatives from the sam e th ree top p rod u cers a lso handled the 1956 negotiations. S ee footnote at end of table. 25 17. B a sic S teel Industry D ispute, 1959— United S teelw ork ers of A m erica (AFL—CIO) v. b a sic ste e l industry— Continued A p ril 1 , 1959— Continued ---------------- R. Conrad C ooper, of U. S. S teel, was to lead the in d u stry's bargaining group, which a lso included R. Heath L arry , of U .S . S teel, H. C. Lum b, cou n sel for R epublic S teel, and John H. M orse, cou n sel for B ethlehem S teel. David J. M cDonald was to head the union n eg o tia to rs, a ssiste d by Howard R. H ague, union vice p resid en t, I. W. A bel, se c r e ta r y , and Arthur J. G oldberg, gen eral cou n sel. A p ril 10 A 1-y ea r exten sion of current w ages and other b en efits was proposed in a letter sent by the 12 com panies to the union p resid en t. It was also proposed that co st-o f-liv in g esca la to r cla u ses contained in curren t agreem en ts be elim inated. M r. M cDonald prom ptly rejected the p ro p o sa ls. A pril 13 In a letter to the ste e l p ro d u cers, the union head proposed: (1) That n egotiations begin M ay 4 in stead of M ay 18, (2) no p ric e in c r e a se s during the life of any new agreem en t reached, and (3) that any s e ttle m ent should p rotect real w ages and provide in c r e a se s in w ages and other b en efits ju stified by in crea sed output and industry p ro fits. A pril 15 In reply to M r. M cDonald, industry sp ok esm en agreed to e a r lie r b a r gaining s e s s io n s , but rejected or refused to d iscu ss the other parts of the union p rop osal. Industry and union agreed to sta rt contract talks in New York on M ay 5. United S teelw ork ers' wage p olicy com m ittee drew up a ."com pre hensive" bargaining program calling for "substantial" w age in c r e a s e s , c o st-o f-liv in g adjustm ents , im proved in su ran ce and p en sion s , in crea sed w eekend pay, sh orter w orkw eeks , im proved supplem ental unem ploym ent b en efits, additional paid holidays and greater vacation b en efits, rev ised g rievan ce p ro ced u res, and im proved contract term s coverin g m any other is s u e s . May 5 ------------------------- As n egotiations got underw ay, industry reiterated its request for a 1-y ea r contract extension which drew a second rejection from M r. M cDonald. In the co u rse of a p re ss co n feren ce, P resid en t E isenhow er called on both sid es for a disp lay of "good s e n se , w isd om , and b u sin ess-la b o r sta tesm a n sh ip ," adding that the country could not, in the long run, stand s till and do nothing in the ab sen ce of such voluntary restra in t. H ow ever, he did em p h asize his relu ctan ce to have the G overnm ent take a d irect hand in co llectiv e bargaining, and his opposition to leg al ceilin g s on p ro fits, p r ic e s , and w ages. May 6 ------------------------- Industry sp ok esm en stated that two proposed m oves w ere under co n sid eration should the union depart from its usual p rocedu re of strikin g the en tire industry at the expiration of co n tracts. One w as a form of m utual a ssista n c e , or strik e in su ran ce, w here p rofits of the o p e r ating con cern s are used to aid those struck. The second step , a voluntary industryw ide shutdown, was provided for by sending contract term ination n otices to the union, a leg al form ality under the T aftH artley A ct, which would allow the plants to c lo se after June 30 should the union attem pt a d ivid e-an d -con q u er technique. This m arked the second tim e in the post T aft-H artley h istory of s te e l negotiations (the fir st tim e was in 19 56) that com pany term ination n otices on an in d u s tryw ide m ove had been sent. A p ril 20 A p ril 30-M ay 1 26 17. B asic S teel Industry D ispute, 1 9 5 9 -U n ite d S teelw o rk ers of A m erica (AFL-C IO ) v . b a sic s te e l industry— Continued M ay 11, 1 9 5 9 _______ _ Since negotiation s betw een ex ecu tiv es from the 12 s te e l com p an ies and union rep resen ta tiv e s conducted during the p reviou s w eek failed to produce any sign ifican t d ev elop m en ts, 4 -m an co m m ittees from in dustry and labor began a secon d phase of co n tract ta lk s. May 2 7 ________________ L ead ers of the s te e l industry, gathered for the 67th annual m eetin g of the A m erican Iron and S teel In stitu te, d eclared th eir op p osition to any w age in c r e a s e s . It was d isc lo se d that the union w as being ask ed to allow r e v isio n s in ’’local p r a c tic e ” c la u s e s 2 to allow m anagem ent m ore control over em p loyee p lacem en t. The elim in a tio n of r e s t r ic tive p ra ctices w as a lso m entioned. June 9 __________ ____ M r. M cDonald n otified industry n eg otiators that the union w ish ed to resu m e com p an y-b y-com p an y m eetin g s the follow ing w eek (16th). M r. C ooper m ade c le a r that w hile esca la tio n c la u se s would be e lim inated under the in d u stry's p ro p osal, the ste elw o rk er s w ould keep the 17-cen t c o st-o f-liv in g allow an ces added to w ages over the past 3 y e a rs— but only on an "add on” b a sis rather than as part of the b asic w age. M r. C ooper indicated that the s e s sio n s w ere sta lled on industry d e m ands for re v isio n of lo ca l p ra ctice c la u se s. N egotiation s had reach ed a sta lem a te over what both groups term ed the in flex ib le p osition of the op p osite party. H ow ever, both M r. M cDonald and M r. C ooper, in sep arate p r e ss co n fe ren c es, agreed that the union had not put a sp ecific d o lla rs and cen ts tag on its dem ands. June 10 June 11 June 19 _ _ A sh ift in the in d u stry's p osition w as indicated in a le tte r from M r. Cooper to the union p resid en t containing an eig h t-p oin t p rogram for broad con tract changes w hich dealt with lo c a l w orking conditions; p ro v isio n s aga in st "w ildcat” s tr ik e s, slow d ow n s, and picketing; m an a gem en t's right to develop in cen tiv es and standards; cla rifica tio n of com p an ies' right to change w ork sch ed u les; vacation req u irem en ts; elim in ation of overlapping or duplication of ben efits; sim p lifica tio n of p ro ced u res for estab lish in g sen io rity units; and c la rifica tio n of con tract language. The com panies stated that agreem en t by the union on language changes relatin g to this eig h t-p oin t p rogram w as a p r e req u isite to agreem en t by them on a package com p osed of a " m od est” w age in c r e a se and certain frin ge benefit im p ro vem en ts. A lso , the com p anies stated that they would continue to be rep resen ted by the fou r-m an team . The union rejected the p ro p o sa ls. N egotiation s reach ed a deadlock over the q u estion of the form of n e g o tiation s, that is , w hether bargaining should be conducted on an in dustryw ide (four-m an com m ittee) or on a com p an y-b y-com p an y b a sis (which the union dem anded) or a com bination of both. M r. M cDonald serv e d n otice that the full 4 3 5 -m em b er union negotiating co m m ittee would be on hand June 16. A fter 2 days of m eetin g s betw een la r g er com pany-union c o m m ittee s, industry and union to p -le v e l team s resu m ed talk s w ith the p roced u ral dispute apparently settled . S ee footnote at end of table. 27 17. B a sic S teel Industry D ispute, 1959—United S teelw ork ers of A m erica (AFLr-CIO) v. b a sic s te e l industry— Continued June 22, 195 9------------- Industry n egotiators m aintained that the union had yet to com e up w ith a reason ab le b a sis for a new con tract. T his w as in resp o n se to an u n d isclo sed union p rop osal offered on June 19 as a substitute for its o rigin al lis t of 250 individual item s (subm itted during the ea rly sta ges of n egotiations) on which it w ished to bargain. Industry stated, in resp o n se to in form al su ggestion s for a r is e in p en sion s and w elfa re b en efits, that such adjustm ents would be ju st as in flation ary as higher w a g es. M r. C ooper m et in W ashington with Josep h F . Finnegan, d irector of the F ed era l M ediation and C onciliation S er v ice . M r. M cDonald had m et with M r. F innegan during the p revious w eek. June 24—25 ____________ Indefinite exten sion of con tracts beyond the expiration date, can celab le on 10 days' n otice, w as proposed by the industry. The union's coun terp rop osal offered contract exten sion until July 15. In addition, the union w age policy co m m ittee, w hile sanctioning the 15-day exten sion , stipulated that any settlem en t negotiated should be retro a ctiv e to July 1. T his retro a ctiv ity , the com p anies rep lied , w as unacceptable* June 27— -------------------- P resid en t E isen h ow er, in a letter to M r. M cDonald, urged both sid es to "bargain without interruption of production until a ll term s and conditions of a new contract are agreed upon. " T his was in reply to a letter sent to the White H ouse on June 25 by M r. M cDonald, req u estin g the estab lish m en t of a factfinding board to exam ine issu e s such as w a ges, p ro fits, and productivity in the ste e l industry. The P resid en t rejected the su ggestion , a ssertin g that C on gress had sp e cific a lly lim ited the u se of P resid en tia l B oards of Inquiry to national e m e rg en cies. June 28------ ---------------- A greem en t w as reached on extending con tracts for 2 w eek s, without any com m itm en t on retro a ctiv ity . July 7--------------------------- M e e t i n g w ith V ice P resid en t R ichard M. Nixon in P ittsburgh, M r. M cDonald inform ed him that the union would not agree to another strik e d elay. On the follow ing day, the steelw o rk ers rejected a r e new ed plea by P resid en t E isenhow er for an indefinite exten sion of the 2-w eek tru ce. M r. M cDonald said he w as sure the P resid en t "does not intend that we negotiate fo re v er. " Industry's n egotiators seconded the P resid en t's plea for an indefinite exten sion . July 10 ___ __________ L eaders on both sid es exchanged ideas on r e v ise d con tract c la u se s governing w orking ru les and changes in operating p r a c tic e s. In a p re ss r e le a s e , the industry indicated its w illin g n ess to negotiate a 2 -y ea r contract with an in cr ea se in insu ran ce and pension b en efits during the fir s t year and a m od est w age r a ise during the second year, *if the union would accep t contractual changes proposed by the industry. (See June 10.) July 1 2 ________________ T alks broke down over com pany "local practice" dem ands and p ro p os als to tighten p ro v isio n s again st w ild cat str ik e s. The union agreed to continue d iscu ssin g w age is su e s w hile referrin g the other points to a joint co m m ittee for study during the term of a new contract. Industry offered eith er a straight 1-yea r exten sion of curren t contracts or an indefinite exten sion , can celab le on 5 day's n otice, w hile talks continued. The union rejected both. 28 17. B a sic S teel Industry D ispute, 1959~United S teelw ork ers of A m erica (AFL~CIO) v. b a sic ste e l industry— Continued July 13, 1 9 5 9 _________ A p lea from P resid en t E isen h ow er for a revival of talks again brought both sid e s togeth er in an attem pt to break the sta lem a te. M ills m ade prep aration s for shutting down to p ro tect fu rn a ces and equipm ent for the second tim e in 2 w eek s. July 14~„______________ P resid en t E isen h ow er recom m en ded that m anagem ent and labor re p resen ta tiv es ca ll on F ed era l m ed ia to rs for a s s ista n c e in reaching agreem en t. A la st m inute exchange of le tte r s b etw een the p a rties failed to break the im p a sse, although the union prop osed a co n cessio n by changing contract language of "local w orking p r a ctice cla u ses" in all ste e l con tracts to read: "The p ro v isio n s of this sectio n a re not intended to preven t the com pany from continuing to m ake p r o g r e ss . " T his p ro v isio n w as in the 1956 B eth leh em S teel Corp. contract. How ev er, industry turned down the offer. July 15 The ste e l strik e began at 12:01 a .m . , July 15. Josep h F innegan, D irecto r of the F ed era l M ediation and C onciliation S e r v ic e , w ith a •staff of th ree, co n sistin g of Robert H. M oore, deputy d irector; W alter A. M aggiolo, d irecto r of M ediation A ctivity; and Robert W. Donnahoo, region al d irecto r, Region Two, a rriv ed in N ew York for co n feren ces with each sid e. F ollow ing 3 hours of sep arate talk s with industry and union le a d e r s, M r. Finnegan reported that the str ik e w as not su scep tib le to easy or ea rly solu tion . E a r lie r , the union ca lled for the appointm ent of a th ree-m a n factfinding board— one from in d u stry, one from labor, and a neu tral m em b er se le c te d by Suprem e Court C hief J u stice E arl W arren. The p ro d u cers rejected the p r o p o sa l, a ssertin g that both sid es alread y knew the fa cts. M r. M cDonald urged the top ex ecu tiv es of the big s te e l com p an ies to p articip ate d irectly in n egotiations; this w as rejected by p rod u cers on the ground that the negotiating team had am ple authority. In h is new s co n feren ce, P resid en t E isen h ow er said the conditions w ere not yet p re se n t to ju stify seekin g a T aft-H a rtley injunction to keep the w ork ers on the job. He a lso rejected the need for a factfinding board, and reaffirm ed h is b elie f that c o lle c tiv e bargaining should continue without G overnm ent in terven tion , but aided by the M ediation and C onciliation S erv ice. July 20 F ed era l m ed ia to rs continued th eir sep arate talks with the p a r tie s. M r. Finnegan re a sse r te d h is p reviou s con clu sion that there would be no ea sy or ea rly solution* to the stoppage. Since the 14th th ere had been no fa c e -to -fa c e s e s sio n s betw een industry and union r e p resen ta tiv e s. July 2 1 ________________ S ecreta ry of Labor Jam es P. M itchell announced that he w as form a lly taking on the function of G overnm ent factfin d er and would report to the P resid en t p erio d ica lly . A ssista n c e would be sought from S e c r e tary of C om m erce F red erick H. M ueller; C hairm an of the P r e sid e n t's C ouncil of E conom ic A d viso rs Raymond J. S au ln ier, and other ap p ro p ria te o fficia ls of the F ed era l G overnm ent. Both industry and labor a ssu red the S ecreta ry of their cooperation. July 2 7 ________________ The M ediation S erv ice called the fir s t joint m eetin g w ith the p a r tie s in New York C ity, the fir s t to take p lace sin ce the strik e began. T here w as no change in position on the part of the partiefe. 29 17. B asic S teel Industry D ispute, 1959— United S teelw ork ers of A m erica (AFL-CIO ) v. b asic s te e l industry— Continued July 28, 1959 -________ U nited States S teel reported that its net p ro fits in the fir st h alf of the year had set a record . M r. M cDonald term ed th ese earn in gs and those of other m ajor com p anies " astron om ical. " A ugust 1______________ S ecreta ry M itchell c r itic iz e d labor and m anagem ent for not m aking a serio u s effort to settle the strik e and appealed to both sid es to hold daily talk s. A ugust 3 ______________ A fter sep arate m eetin g s with the p arties on July 28, 29, 30, and 31, the M ediators ca lled a joint m eeting in N ew York City with the full bargaining team s from both sid es p resen t. It w as agreed that tech n ician s be brought in from both sid es to work with the com m ittee and that a gen era l review of the con tract cla u se s in d isagreem en t be m ade. F ollow ing the joint m eetin g, an exchange of ch arges was m ade, each sid e blam ing the other for the prolongation of the strik e. The erup tion indicated that attitudes had hardened sin ce the strik e began and that the p a rties view ed the G overnm ent’s ro le in the dispute quite d ifferen tly. S ev era l tim es the union had asked for G overnm ent fa ct finding. Industry lea d ers in sisted that the G overnm ent should stay out of the str ik e, contending that governm ental in terferen ce in the past had alw ays resu lted in "inflationary" settlem en ts. August 12_________ ___ In a new s co n feren ce, the P resid en t held to h is p osition of keeping F ed eral in terferen ce to a m inim um . The union again ca lled for the appointm ent of a sp ecia l factfinding board to recom m end settlem en t term s. A ugust 17______________ T alks p roceeded without M r. M cD onald, who had indicated he would not attend the talks until industry rep laced the four-m an negotiating team with top ranking o ffic ia ls. F urther joint s e ssio n s w ere scheduled to co n sid er m inor contract changes. A ugust 1 9 _____________ S ecretary M itchell r e lea sed the D epartm ent's presentation of back ground facts on som e of the econom ic qu estion s related to the ste e l strik e— w a ges, productivity, p r ic e s , and p ro fits. 3 No con clu sion s w ere drawn. Each side hailed the report as supporting its position . A ugust 2 6 _____________ M r. M cDonald returned to the bargaining s e s sio n s after an ab sen ce of a lm o st 3 w eek s. No headway toward a settlem en t w as reported . A ugust 2 9 _____ ________ A survey of 3 1 in d u strial area s conducted by the D epartm ent of Labor found that, by August 15, there had been 71, 000 "secondary" layoffs as a re su lt of the strik e. T his was in terp reted to m ean that, after 1 m onth, the strik e had re la tiv ely little im pact on the 31 ste e l p ro ducing and consum ing areas studied. S ep tem ber 2 __________ S teelw ork ers receiv ed "a fir s t down paym ent" of $ 1 m illion in aid from other unions (later repaid). P lan s w ere m ade for' ra isin g additional funds at the biennial A F L —CIO convention beginning on Septem ber 17. Septem ber 6 __________ S ecretary M itchell announced that if sh ortages appeared and further unem ploym ent resu lted and the strik e took on the a sp ects of an e m e r gency affecting the national health and safety, he would recom m end that the P resid en t co n sid er invocation of the em ergen cy p ro vision s of the T aft-H artley A ct. See footnote at end of table. 30 17. B a sic S teel Industry D isp u te, 1959— United S teelw ork ers of A m erica (AFL~CIO)v. b asic s te e l industry— Continued S ep tem ber 17—18, 1959-------------------------- The AFLr“CIO convention, m eetin g in San F r a n c isc o , devoted c o n sid erab le attention to the s te e l str ik e. A resolu tio n called upon P resid en t E isen h ow er to convene a W hite H ouse m eetin g of resp o n sib le union and industry rep resen ta tiv e s. If this failed to produce a settle m en t, the resolu tio n then urged the appointm ent of a public -factfinding board to m ake recom m en d ation s. The F ed eration 's G eneral B oard r e c o m m ended the estab lish m en t of a S teelw ork ers D efen se Fund. S ecreta ry M itch ell, ad d ressin g the convention, restated his p osition on G overn m ent in tervention and on the invocation of T aft-H artley p ro ced u res should national health and safety be affected . S ep tem ber 25 Sep tem ber 30 O ctober 4 O ctober 6 The steelw o rk ers ended 3 w eeks of negotiations with M r. M cDonald d ecla rin g , "We are going hom e. This fa r c ic a l filib u ste r that has gone on sin ce May 5 has ended. " He indicated that the talks should be m oved from New York City to another locatio n , eith er W ashington o r ’ P ittsburgh. R ep resen tatives of industry and labor m et sep a ra tely with the P r e s ident. At the con clu sion of the ta lk s, the P resid en t said he hoped that an agreem en t would be reached before he returned from a sc h ed uled trip to C alifornia on O ctober 8. F ollow ing th is, M r. M cDonald m et with R oger M. B lough, chairm an of the board, United States S teel Corp. , and four other industry lea d ers. A joint com m unique issu e d at the end of the s e s sio n said that talks would be resu m ed the follow ing day in P ittsburgh. The ste elw o rk er s' execu tive board rejected in d u stry's fir st econ om ic o ffe r 4 in the 82-day old d isp u te, subject to action by the union’s w age p olicy co m m ittee. Included in the com p anies' offer w ere im p ro v e m ents in the p en sion , in su ran ce, and supplem ental unem ploym ent ben efit p rogram s in the fir s t year of a 2 -y ea r a g reem en t, and in cr ea sed w age rates at the beginning of the secon d y ea r, the in c r e a se s ranging from 6 cents for the lo w est job c la ss to 12 cents for the h igh est. O ver the 2 -y ea r p eriod , the total package would in c r e a se "em ploym ent costs" by 15 cents per m an-hour w orked, or about 2 p e r cent a y e a r, according to com pany e stim a te s. As a part of this o ffer, am endm ents to the b a sic labor agreem en ts with the follow ing stated o b jectiv es w ere sought: (1) Continue paym ent of the 1 7 -cen tp er-h ou r c o st-o f-liv in g allow ance in effect at the expiration of the p reviou s a g reem en ts, but elim in ate p ro v isio n s for future esca la to r changes in eith er direction; (2) enable m anagem ent to take reaso n ab le step s to elim in ate w aste and im prove efficien cy , but p ro tect the rights of em p lo yees to re so r t to grievan ce and arb itration p rocedu re; (3) p e r m it flex ib ility in scheduling of work; and (4) d eter w ild cat str ik e s by p erm itting the d isch arge of any em p loyee engaging in such action . The steelw o rk ers rejected the p rop osal, replying that it w ould reduce w o rk ers' take hom e pay during the fir s t year b ecau se of an in c r e a se in in suran ce c o sts, and evaluated the worth of the 2 -y ea r package at le s s than the com p anies' figu re. F u rth erm ore, the conditions regard in g contract changes attached to the offer w ere unaccep tab le to the union. Top industry ex ecu tiv es and union o ffic ia ls con ferred in an effort to break the deadlock but the talks broke off in a fresh sta lem a te. No further talks w ere sched uled. Company o ffic ia ls stood firm ly behind th eir offer, w hich the union continued to re je ct as "totally inadequate. " See footnote at end of table. 31 17. B asic S teel Industry D ispute, 1959— United S teelw ork ers of A m erica (AFLr-CIO) v. b asic s te e l industry— Continued O ctober 7, 1959______ M r. M cDonald stated that the union would fight a T aft-H artley injunc tion in the courts but pledged that, failing to upset the injunction, the union would "obey the law of the land." He again ca lled for a public factfinding board to sift the strik e issu e s and recom m end a settlem en t. O ctober 8 -------------------- S ecreta ry M itch ell m et with union lea d ers to a scer ta in the bargain ing situation, after which he was expected to report to P resid en t E isenhow er w hether there was any hope f o r a voluntary accord . F ollow ing a statem en t w herein he concluded that the strik e, if p e r O ctober m itted to continue, would im p eril the national health and safety, P resid en t E isenhow er issu e d an E xecu tive o r d e r 5 creatin g a Board of Inquiry co n sistin g of G eorge W. T aylor of P en n sylvan ia, chairm an, John P erk in s of D elaw are, and Paul N. L ehoczky of Ohio. The B oard was to report to the P resid en t, in accord an ce with Section 206 of the T aft-H artley A ct, on or before O ctober 16, 1959. A fter m eeting on O ctober 11 sep arately with industry and union o ffi O ctober 12 cia ls in "exploratory" talks aim ed at defining and narrow ing disputed is s u e s , the Board of Inquiry began its public h earin gs. O ctober 13 O ctober 14 O ctober 15 O ctober 17 . A rthur G oldberg told the Board that the union's objective was a "package" im provem en t worth 15 cents an hour, in a 1-, 2 -, or 3 -y ea r contract. Dr. T aylor d eclared that the B oard's m ediatory efforts w ere being im peded by difficulty in defining the is s u e s , and that he m ight ask for an extension of the deadline for the B oard 's report. P resid en t E isen h ow er, by E xecu tive O rder 10848, extended the date for su b m ission of the B oard's report to O ctober 19. The Board had req u ested an exten sion of tim e and S ecretary M itchell obtained the P r esid en t's a ssen t. A siza b le cut in its m oney dem ands in a 2-y ea r contract was p ro posed by the ste elw o rk er s. This served as a prelude to the r e sum ption of negotiations scheduled for the follow ing day. Included in the "package" offer w ere fir st year im provem en ts confined to in su ran ce, p en sion s, and supplem ental unem ploym ent benefits valued by the union at about 10 cents an hour over a 2-yea r period. In the second year, w ages would be ra ised about 10V2 cents an hour, of w hich 7 cents would be a gen era l rate in c r e a se . A m axim um c o stof-liv in g adjustm ent of 3 cents an hour in the second year was a lso proposed. It was m ade known later that the union proposed that each ste e l com pany provide for the appointm ent of a n in e-m em b er co m m ittee— three from industry, three from labor, and three exp erts of high standing— to recom m end for con sid eration a lon g-ran ge form ula for equitable sharing betw een the sto ck h old ers, the em p lo y ees, and the public, of the fruits of the com pany's p ro g re ss. M r. Cooper offered a counterproposal w hich ca lled for a 3 -y ea r con tract with im proved b en efits the fir st y ear, follow ed by w age in c r e a se s during the next 2 years and other contract im p rovem en ts. The co m panies suggested the estab lish m en t of a Human R elations R esearch C om m ittee to plan and o v e r se e stu dies and recom m end solutions in such area s as: G uides for the determ ination of w ages and benefits; em ploym ent problem s; job cla ssifica tio n ; wage incentives; and seniority. S ee footnote at end of table. 32 17. B asic S teel Industry D ispute, 1959— United S teelw ork ers of A m erica (AFL-CIQ) v. b asic s te e l industry— Continued O ctober 18, 1959_____ M r. Cooper proposed that the issu e of re v isio n of w ork ru les be re so lv ed by subm itting to a th ree-m a n arb itration board (one c o m pany, one union, and one selec te d by the two) the follow ing question: "What, if any, changes should be m ade in the lo ca l w orking conditions p ro vision s to enable the com panies to take reaso n ab le step s to im prove efficien cy and elim in a te w aste with due regard for the w elfa re of the em p lo y ees? " The union rejected the m od ification as " rid ic ulous" and "phony. " E dgar K a iser, chairm an of the board of K aiser S teel Corp. , agreed to halt h is sep arate talks with the union. O ctober 19____________ In subm itting its report to the P resid en t, the B oard stated that "the p a rties have failed to reach an a greem en t and we se e no p ro sp ects for an ea rly ce ssa tio n of the strik e. The Board cannot point to a sin g le issu e of any consequence w h atsoever upon w hich the p a rties a re in agreem en t. " Although there w ere m any issu e s in the d isp u te, the m ajor roadblocks w ere in the broad a rea s of " econom ics" and "work r u le s ." 6 Upon receivin g the rep ort, the P resid en t in stru cted the A ttorney G eneral to seek an injunction, as provided for in the T aft-H artley A ct. O ctober 20 O ctober 21 The U .S . D epartm ent of Ju stice petitioned the F ed er a l D istr ic t Court in P ittsburgh for an 80-day injunction under the T aft-H a rtley A ct, 7 em ph asizing the im portance of the industry, le v e ls of ste e l su p p lies, d efen se n eed s, and unem ploym ent. The G overnm ent a s s e r te d that, u n le ss the strik e w as enjoin ed, the country would su ffer im m ed iate and irrep arab le injury. The court was asked to find that the str ik e , if continued, would " im p eril the national health and safety. " M r. G oldberg, union co u n sel, con tested the petition, m aintaining that the strik e did not im p eril the country's health or sa fety in a s tr ic t and lite r a l se n se . The language and le g isla tiv e h isto ry of the statute, he m aintained, m ake clea r that the national em ergen cy p ro v isio n s would apply to this strik e only if, in som e w ay, it d ire ctly and im m ed ia tely threatened the p h ysica l health or safety of the N ation. M r. G oldberg said the union intended to show that the strik e posed no such th reat, in that su fficien t quan tities of ste e l w ere being p ro duced by com p anies not on strik e. It w as further stated that the injunction p ro vision s w ere u n constitutional, as they co n ferred on the courts duties w hich are not ju d icial and are not connected with any c a se or co n tro v ersy . F ed era l D istr ic t Judge H erbert P. Sorg in P ittsburgh ord ered the injunction again st the ste elw o rk er s, upholding the G overnm ent's con tention that the prolongation of the dispute would im p eril the national health and sa fety, causing irrep arab le dam age to the country. The court m ade no d ecisio n regarding retro a ctiv ity of any subsequen t agreem en t. A lso left u n settled was the a p p licab ility of any c o s t-o fliving adjustm ent required under 'the term s of the exp ired co n tracts during the injunction period. M r. G oldberg req u ested the Judge to defer h is order long enough to perm it an appeal to Judge A u stin L». Staley of the U .S . Court of A ppeals for the T hird C ircu it, which w as granted. Judge Staley extended the stay until 10 a. m . the follow ing day in order to p re se rv e the status quo until a full court could p ass on M r. G old berg's appeal. See footnotes at end of table. 33 17. B asic S teel Industry D ispute, 1959— United S teelw ork ers of A m erica (AFL—CIO) v. b asic ste el in d u stry—-Continued O ctober 22, 1959- O ctober 26 O ctober 27 O ctober 28 F ollow ing a hearing, the U. S. Third C ircuit Court of A ppeals put off until the follow ing w eek a d ecisio n on the ste elw o rk er s' appeal, at the sam e tim e granting a further stay of the injunction pending a d ecisio n on the appeal. K aiser S teel Corp. and the union agreed on a new 20-m onth contract providing package in c r e a se s evaluated by the com pany at 22V2 cents an hour over the 20-m onth period , including a p o ssib le 3 -cen t co sto f-liv in g adjustm ent. Work rules issu e s w ere referred to a lab o rm anagem ent com m ittee with authority to reso lv e p roblem s by m utual agreem en t. A lso set up w as a trip artite com m ittee to develop a lon g -ran ge plan for an "equitable sharing of econom ic p r o g r e s s ." 8 By a 2 to 1 vote, the Court of A ppeals upheld the p etition for an injunction but ordered that the issu a n ce of the injunction be delayed until at le a st N ovem ber 2 to p erm it the steelw o rk ers to ask for a review by the Suprem e Court. The union cou n sel announced that he would not file a petition for c e rtio ra r i— a form al d evice to obtain review ----until N ovem ber 2. The J u stice D epartm ent petitioned the Suprem e Court to expedite co n sid eration of the u n ion 's petition, with a p roposed filing deadline by noon, O ctober 29. Should the Court decide to review the Third C ircu it's d ecisio n on F riday, O ctober 30, a hearing could be se t for Monday, N ovem ber 2. L ater in the day, the Suprem e Court denied the G overn m ent m otion, thus upholding the Third C ircuit Court of A ppeals ' ruling giving the steelw o rk ers until N ovem ber 2 to seek a Suprem e Court review . M r. Finnegan sent both p a rties a teleg ram inform ing them that if they had not reached an agreem en t by m idnight Sunday, N ovem ber 1, they would be expected to attend a se ssio n with m ed iators in W ashington on M onday, N ovem ber 2. Mr. M cDonald indicated that the union regarded the K aiser agreem en t as providing the groundwork for contracts to be agreed upon by other com p an ies. Industry lea d ers d eclared the pact would force an in flation ary r ise in ste e l p ric es and fail to elim in ate w astefu l work p r a ctices. O ctober 30 F ollow ing the filing of the u n ion 's p etition for c e rtio ra r i and the G ov ern m en t1 s resp o n se asking the Court to deny review , the United States Suprem e Court granted the steelw ork ers' req u est and assign ed oral argum ents for T uesday, N ovem ber 3. N ovem ber 1 Secondary layoffs ca.used by s te e l sh ortages jum ped sharply during the la st half of O ctober, the D epartm ent of Labor reported. M ore than 132,000 w ork ers w ere in d irectly involved in 31 m ajor s te e l producing and consum ing a r ea s. N ovem be r 7---------------- By an 8 to 1 m ajority, the Suprem e Court upheld the constitutionality of the T aft-H artley em ergen cy procedu re (Sec. 208) and its applicability to the ste e l strik e. The Court did not reso lv e the dispute over the m eaning of the term "national health, " but supported its judgm ent on the ground that the strik e im p eriled the national safety. J u stice D ouglas, d issen tin g, did not deal with the constitutional questions but disputed the concepts of health and safety and em ph asized the tra d i tional flex ib ility of equity courts in relation to the p articu lar situation See footnote at end of tab le. 34 17. B a sic S teel Industry D ispute, 1959— United S teelw ork ers of A m erica (A FL-C IO ) v. b a sic s te e l in d u stry— Continued N ovem ber 7, 1959— C on tin u ed ----------------- found in the s te e l strik e concerning national safety. He further stated that he would rem and the ca se to the D istrict Court for "particu la rized findings" as to how the strik e im p er ils the "national health" and what plants need be reopened to produce the s te e l needed for "national safety. " T eleg ra m s w ere dispatched im m ed ia tely by the union d irectin g its m em b ers to "resum e work forthw ith. " Steps w ere taken to get the m ills producing as quickly as p o ssib le . N ovem ber 8 __________ S ecreta ry M itchell said P resid en t E isen h ow er would recom m en d to C on gress w ays to p revent resum ption of the strik e if no agreem en t w as reached during the injunction p eriod . N ovem ber 10 _________ P resid en t E isenhow er reconvened the s te e l B oard of Inquiry, headed by D r .’ T aylor, which w as to report to the P resid en t on the efforts tow ard settlem en t, and on the em p lo y ers' la st offer if a settlem en t w as not reached at the end of a 60-day period. N ovem ber 12 --------------- The s te e lw o r k e r s ’ w age p olicy co m m ittee voted unanim ously to renew the 116-day strik e if agreem en t was not reached b efore the injunction expired on January 26. The p rod u cers w ere again urged to follow the K a iser con tract as a pattern. N ovem ber 15 _________ It was announced by the s te e l industry that a new offer on a 3 -y ea r agreem en t had been m ade to the union. The union rejected it as being su b stan tially the sam e as the one p rev io u sly offered . N ovem ber 2 8 --------------- L ittle chance of reaching a settlem en t b efore the expiration of the in junction p eriod was held out by the union in a le tte r from M r. G oldberg to S ecreta ry of C om m erce M u eller. M r. G oldberg ad vised the D ep art m ent to arrange for ste el r e se r v e s that m ight be required for G overn m ent co n tracts. O th erw ise, the le tter stated , the G overnm ent m ight have to contend with the sam e p ro b lem s it faced during the str ik e. D ecem b er 1 __________ The s te e l industry indicated that the p ro p osal m ade 2 w eek s b efore w as its "last offer;" that is , should an electio n be conducted the follow ing m onth, this would be the offer em p lo yees m u st eith er accep t or reject by se c r e t b allot to be conducted by the G overnm ent. D ecem b er 3 ---------------- P resid en t E isen h ow er, in a p lea a d d ressed to both p a r tie s, urged a rou n d -th e-clock negotiation s. M r. M cDonald had e a r lie r su ggested to the P resid en t that the B oard of Inquiry m ake recom m en dations. A fter the P r e s id e n t's sp eech , M r. M cDonald again offered his origin al su ggestion for reco m m en dations and another calling for a m eetin g d irectly with top s te e l ex ecu tiv e s. D ecem b er 8 __________ S ecreta ry M itchell su ggested th ree p o ssib le w ays of settlin g the d is pute: (1) The p a rties could a g ree to ask a board to m ake re co m m endations; (2) they could ask M r. Finnegan to m ake a reco m m en dation; or (3) they could seek voluntary arbitration. D ecem b er 9 __________ The industry rejected S ecreta ry M itc h e ll's su ggestion s for breaking the deadlock in bargaining by d eclarin g that third party interven tion would resu lt in recom m en dations that the union had refu sed to accep t or in a m ore co stly settlem en t "which would c le a rly be inflationary." 35 l 7. B asic S teel Industry D ispute, 1959— United S teelw ork ers of A m erica (A FL —CIO) v. b asic ste el industry— Continued D ecem ber 10, 1959 __ M r. Finnegan suspended n egotiations in d efin itely , noting both the lack of p ro g ress m ade and that the union w as about to devote its attention to alum inum n egotiation s. M eanw hile, the union m ade th ree dem ands upon ste el com panies: (1) A return to com p any-by-com p any bargaining; (2) an agreem en t m aking any new settlem en t retro a ctiv e to co ver the injunction period; and (3) an acknow ledgem ent now that a c o st-o f-liv in g adjustm ent would be due January 1 under term s of the ex istin g a g r e e m en ts and an agreem en t fo put th ese adjustm ents into effect before C h ristm as. The union contended that, under the injunction ord er, the em p lo yees w ere w orking "under a ll term s and conditions in effect on June 30, 1959," and th is, to the union, "plainly en co m p a sses the January c o st-o f-liv in g p rovision w hich req u ires a change to be m ade each January 1 and each July 1, without re fe ren c e to year . . ." M r. C ooper, in rep ly, noted the p reviou sly stated industry opposition to. retro a ctiv ity a n d th e C ourt's rese rv a tio n s on the q u estion s of c o sto f-liv in g and retro a ctiv ity . D ecem ber 17_________ M r. M cDonald put for°th p rop osals that w ere to be p resen ted to the Board of Inquiry on the 28th. He stated that the new dem ands would be "slightly higher" in co st to the industry than the K aiser agreem en t. D ecem ber 22 The 11 m ajor ste e l com p anies agreed , with re se r v a tio n s, to union dem ands for com p any-by-com p any s e s sio n s. T alks betw een the fou rm an team s as scheduled by F ed era l m ed ia to rs w ere to be ca rried on sim u ltan eou sly. D ecem ber D ecem ber January 1, January 4 Since July 15 the F ed era l m ed ia to rs had conducted 47 joint m eetin g s with the p arties and som e 30 fu ll-sc a le sep arate talks with the p a rties. 2 3 _________ Stuart Rothm an, G eneral C ounsel of the N ational Labor R elation s B oard, estim ated that 600 ,00 0 w ork ers would be elig ib le to vote on m an agem en t's "last o ffer," set for January 11 to 13. The s te e l w o rk ers' cou n sel said he would ask D istrict Judge Sorg to hear the steelw o rk ers' plea to order the ste e l com p anies to pay w ork ers a 4 -ce n t c o st-o f-liv in g in cr ea se (under term s of previous agreem en ts) starting in January, and to m ake any new contract agreem ent r e tr o active to N ovem ber 2. On the follow ing day, the steelw o rk ers filed th eir petition and a hearing before Judge Sorg was scheduled for January 4. 28 ________ The Board of Inquiry reconvened to ca rry out its re sp o n sib ilitie s under the act which include a report to the P resid en t on the current p osition s of the p a r tie s, the efforts which had been m ade for settlem en t, and the em p lo yers' la st o ffers. F ollow ing 2 days of public h ea rin g s, Dr. T aylor stated that the d ifferen ces betw een the union and industry w ere w ider than ev er. The B oard set about to devote its rem aining tim e tow ard com p letion of its rep ort, due January 6. I960 S ecretary of Labor M itchell m et sep arately with industry and union sp okesm en. V ice P resid en t Nixon and S ecretary M itch ell, it was rep orted , had been conducting a s e r ie s of se c r e t co n feren ces aim ed at reaching a voluntary settlem en t b efore the NLRB balloting on January 11 to 13. A greem ent betw een the 11 com p anies and the union w as reached fo l low ing a ll-d a y and a ll-n igh t bargaining s e s sio n s. 36 17. B a sic S teel Industry D ispute, 1959— United S teelw ork ers of A m erica (A FL-C IO ) v. b a sic s te e l industry— Continued January 5, I960 M em oranda of agreem en t w ere signed betw een the m ajor ste e l p ro d u cers and union rep resen ta tiv e s follow ing approval by the union w age policy co m m ittee. T erm s of the a g reem en ts included: A w age in c r e a s e , d eferred until D ecem ber 1, I960, to a verag e 9 .4 cen ts an hour including estim a ted effect on in cen tive pay (average 8. 3 cen ts in hourly r a te s— 7 cen ts gen era l in c r e a se plus 0.2-cen t in c r e a se in in c r e m en ts betw een 31 job c la s s e s , with top job c la ss re ceiv in g 13 cents); effectiv e O ctober 1, 1961, additional averag e 8 .6 cen ts including e s t i m ated effect on in cen tive pay (average 7. 6 cen ts in c r e a se in hourly r a te s— 7 cen ts gen era l in cr ea se plu#s 0. 1-cen t in c r e a se in in crem en ts betw een job c la s s e s , with top c la ss receiv in g 10 cents); esca la to r cla u se r e v ise d to retain curren t 17 cen ts c o st-o f-liv in g allow an ce, provide two c o st-o f-liv in g rev iew s and lim it m axim um additional a d justm ent to 6 cen ts effectiv e O ctober 1, 1961, of w hich m axim um 3 cen ts c o st-o f-liv in g adjustm ent effectiv e D ecem b er 1, I960, to be reduced by 0. 1 cent for each full 18 cen ts in c r e a se in in su ran ce co st over b ase average m onthly net in su ran ce co st of $20 . 16 per em p lo yee. A lso , m inim um $ 2. 50- a-m onth pension for each y e a r 's se r v ic e prior to January 1, I960, and $ 2 .6 0 a m onth fo f each year th erea fter for a m axim um of 35 y e a rs (w as $ 2 .4 0 a m onth for se r v ic e prior to N ovem ber 1, 1957, and $ 2 .5 0 a m onth th erea fter for m axim um of 30 y e a rs) or additional $5 a m onth for future r e tir e e s when applying altern ate 1-percent form ula in com puting pen sion ben efits; 13 w e e k s 1 vacation pay (le s s vacation pay during year) in lum p sum on r e tir e m ent with regu lar pension beginning fourth month; ea rly retirem en t (by m utual agreem en t) at full benefit at age 60 after 15 y e a r s 1 se r v ic e (w as at reduced b en efits), or at age 55 after 20 y e a r s ’ se r v ic e if term in ated by reaso n of perm anent shutdown, layoff, or sick n e ss r e sulting in break in se r v ic e provided em p loyee has attained age 53 and 18 y e a r s ’ se r v ic e on date he c e a se s work; $100 a m onth future m in i m um d isa b ility benefit (w as $90); com p anies a lso in cr ea sed ex istin g p en sion s by $ 5 a m onth. A lso , com p an ies to a ssu m e fu ll co st of in su ran ce program (w as 50-50 contribution) and program im provem en t to provide: $ 4 ,0 0 0 to $ 6 ,5 0 0 life insu ran ce (w as $ 3 ,5 0 0 to $ 6 ,0 0 0 at m o st co m p an ies), life in su ran ce retained during fir s t 2 y e a r s of layoff with em p loyee paying 60 cen ts per $ 1,000 after fir s t 6 m onths; $53 to $68 w eekly sick and accid en t benefit (w as $42 to $57 at m ost co m p an ies), and 6 -m onth reten tion of h osp ital, su rg ic a l, and related co v era g es for la id -o ff em p lo y ees with 2 y e a r s ’ serv ic e; higher ex istin g b en efits co n tinued for em p lo yees already on payroll at A llegheny Ludlum , A rm co, Inland, and W heeling, and ex istin g h osp ital and su rg ic a l program at Inland continued for a ll em p loyees; p reviou s supplem ental u n em p loy m ent b en efits plan extended with com p an ies paying 3 cen ts ca sh and 2 cen ts contingent lia b ility (the contingent lia b ility w hich had been ca n celed in accord an ce with prior agreem en t w as re sto r ed ). A lso , agency shop w as provided w here State law s banned the union shop. A joint Human R elation s R esearch C om m ittee w as esta b lish ed to study and recom m en d solu tion s of m utual p rob lem s relatin g to equitable w age and benefit ad ju stm en ts, job c la ssific a tio n , in cen tive pay, p ro tectio n of lo n g -se r v ic e em p lo yees again st la y o ffs, m ed ica l ca r e , and other p ro b lem s. Q uestions of lo ca l w orking conditions w ere to be re fe rre d to a joint study com m ittee headed by a neu tral ch airm an , w hich w as to report by N ovem ber 30, I960. 37 17. B asic S teel Industry D ispute, 1959— United S teelw ork ers of A m erica (AFL-CIO ) v. b asic s te e l industry— Continued January 7, I 9 6 0 ______ The Board of Inquiry form ally ended its duties with su b m ission of its final report to the P resid en t. The report d escrib ed both p a rties' p osition s just before settlem en t and the " last offers" of the producers at that tim e. January 8 _____________ A llegheny Ludlum was the fir st of the 11 m ajor producers to sign a form al con tract with the steelw o rk ers union. Inland, B ethlehem , Jones and Laughlin, Youngstown Sheet and Tube, C olorado F uel and Iron, and U nited States S teel a lso signed. O thers w ere expected to follow . January 20 ___________ P olling of som e 14,000 steelw o rk ers was conducted by the N LRB on the final con tract offers of 7 ste e l com p anies which had not as yet signed the b asic industry agreem en t. E a rlier , a group of 31 iron ore m ining con cern s settled their d ifferen ces with the union. A pproxim ately 11,000 other steelw o rk ers faced the p o ssib ility of resum ing the strik e when the injunction expired. They did not vote b ecau se the com panies had withdrawn their " last offer, " according to the union, thus leaving no b a sis for balloting. The steelw o rk ers ask ed the U. S. D istrict Court to d isso lv e the injunction and to order paym ent of a 4 -ce n t c o st-o f-liv in g in cr ea se retro a ctiv e to January 1. A lso , the union sought retro a ctiv ity of any w age in cr ea ses won to cover the period of the injunction. Judge Sorg denied the m otion to d isso lv e the injunction w hile reserv in g d ecisio n on the other req u ests. January 24 ___________ P ittsburgh S teel C o ., the la st unsigned m ajor producer, agreed to an indefinite contract exten sion , can celab le by either sid e on 5 days' n otice. T hree sm all com panies still rem ained unsigned. The NLRB announced that its poll of w orkers em ployed by four co m panies (P ittsburgh S teel, Joseph T. R yerson and Sons, M oltrop S teel P rod u cts, and A cm e Steel) voted by a 2 to 1 m argin to reject m an agem en t's " last o ffer." January 26 Judge Sorg d isso lved the T aft-H artley injunction, thus m aking it p o s sib le for those w orkers s till working without contracts to renew the strik e. Judge S org's c o st-o f-liv in g d ecisio n sp ecified that w orkers still without con tracts would be entitled to the 4 -ce n t in crem en t for work perform ed under the injunction "unless new agreem en ts are en tered into providing o th erw ise. " January 27 ___________ The union decided not to strik e, for the tim e being, any of the m ills and w a reh o u ses s till unsigned. January 28 ___________ P ittsburgh S teel Co. and the union reached an agreem en t, affecting som e 7, 300 w orkers in 6 plants. Incentive pay rates w ere the con tentious issu e; how ever, this was to be reso lv ed by a joint incentive study com m ittee which m ust hand down a d ecisio n by July 15. If the co m m ittee's report is rejected , the union m ay ca ll a strik e upon 5 days' n otice. The r e st of the settlem en t was su b stan tially the sam e as that betw een the union and the other m ajor p ro d u cers. 1 United States Steel Corp. , Bethlehem Steel Corp. , Republic Steel Corp. , Jones and Laughlin Steel Corp. , Youngstown Sheet and Tube Co., Inland Steel Co. , Armco Steel Corp. , Great Lakes Steel Corp. , Kaiser Steel Corp. , Colorado Fuel and Iron Corp. , W heeling Steel Corp. , and A llegheny Ludlum Steel Corp. 38 F ootn otes— Continued ^ The so-called section 2-B clauses in the U. S. Steel agreem ent, also found in other, but not all, major steel agreem ents, and which figured prominently in later discussions o f "local practices" read as follows: Local Working Conditions* The term "local working conditions" as used herein means sp ecific practices or customs which re flect detailed application of the subject m atter within the scope of wages, hours of work, or other conditions o f em ploym ent and in cluded local agreem ents, written or oral, on such matters. It is recognized that it is im practicable to set forth in this agreem ent all o f these working conditions, which are o f a local nature only, or to state specifically in this agreem ent which of these matters should be changed or elim inated. The following provisions provide general principles and procedures which explain the status of these matters and furnish necessary guideposts for the parties hereto and the Board /o f Arbitration/. 1. It is recognized that an em ployee does not have the right to have a local working condition established, in any given situation or plant where such condition has not existed, during the term of this agreem ent or to have an existing local working con dition changed or elim inated, except to the extent necessary to require the application of a sp ecific provision of this agreement. 2. In no case shall local working conditions be effective to deprive any em ployee of rights under this agreem ent. Should any em ployee believe that a local working condition is depriving him of the benefits of this agreem ent, he shall have recourse to the grievance procedure and arbitration, if necessary, to require that the local working condition be changed or elim inated to provide the benefits established by this agreem ent. 3. Should there be any local working conditions in effect which provide benefits that are in excess of or in addition to the benefits established by this agreem ent, they shall remain in effect for the term of this agreem ent, except as they are changed or elim inated by mutual agreem ent or in accordance with paragraph 4 below. 4. The company shall have the right to change or elim inate any local working condition if, as the result of action taken by m anagem ent under Section 3— M anagement, the basis for the existence of the local working condition is changed or elim inated, thereby making it unnecessary to continue such local working condition; provided, however, that when such a change or elim ination is made by the company any affected em ployee shall have recourse to the grievance procedure and arbitration, if necessary to have the company justify its action. 5. No local working condition shall hereafter be established or agreed to which changes or m odifies any o f the provisions o f this agreem ent. In the event such a local working condition is established or agreed to, it shall not be enforceable to the ex tent that it is inconsistent with or goes beyond the provisions of this agreem ent, except as it is approved by an international officer of the union and the industrial relations executive of the company. 8 Background Statistics Bearing on the Steel Dispute, United States Department of Labor, August 1959. 4 Contract proposals were handed to the union on October 1 and were restated and clarified on October 3. 5 Executive Order 10843. 6 Report to the President, The 1959 Labor Dispute in the Steel Industry, submitted by the Board of Inquiry under Executive Order 1C843 and 10848, Oct. 19, 1959. 7 T itle II, Section 208. The Government and union agreed to proceed directly to the injunction question w hich, if granted, would be final for the entire 80-day period, with an im m ediate full hearing for the union. Customarily, the Government asks for a temporary restraining order (lim ited to 10 days) in which only its arguments need be heard. 8 See Monthly Labor R eview , D ecem ber 1959, pp. 1345 and 1378. 39 18. M aritim e Industry D ispute, A tlantic, P a cific, and Gulf C oasts, 1961— M aritim e unions 1 v. certain shipow ners and op erators in the United States foreign and d om estic trade June 16, 1961 Work stoppage of m aritim e w orkers began in A tlantic, P a cific, and Gulf ports after the m a ritim e unions and the shipow ners and op erators failed to agree on the unions' dem and that th eir con tracts be extended to co ver workers, on ships owned and operated by United States in te r e sts but flying foreign fla g s. Other dem ands varied am ong the unions and related to in eq u ities betw een lice n se d and u n licen sed p e r sonnel with regard to vacation s, travel, and lodging allow an ces, and work ru les. June 17 S ecretary of Labor Arthur J. G oldberg, who upon request of the P resid en t had been d irectin g m ediation efforts in New York sin ce June 15, asked all p arties in the dispute to resu m e d irect n egotiation s. S e r ie s of joint m eetin g s conducted by the F ed era l M ediation and Con cilia tio n S erv ice ended with no p ro g re ss reported. June 23 S ecretary G oldberg recom m ended to all p a rties that they subm it their un resolved is su e s to an im p artial public group for a period of 60 days for study and recom m endation and subsequent negotiations ,and that m eanw hile they resu m e op eration s. Ship op erators agreed to this p rop osal; the unions rejected it. P resid en t Kennedy ordered an in vestigation into the im pact of the strik e on the N ation1 s health, econom y, and safety, preparatory to his d ec isio n on whether to invoke the em ergen cy p ro vision s of the T aft-H artley A ct. The S ecretary of Labor ascertain ed that the sto p page of shipping was affecting a substan tial portion of trade, co m m er ce, and transportation, and that it would im p eril the national health and safety if the stoppage w ere perm itted to continue. June 24 June 26 June 27 June 28 June 29 B oard of Inquiry appointed by the P resid en t. M em bers: David L. C ole of P aterson , N. J. , law yer and form er d irecto r of the F ed eral M ediation and C onciliation S erv ice, chairm an; Sam uel I. Rosenm an, law yer of New York City and form er New York State Suprem e Court Ju stice; and Jam es J. H ealy, P r o fe sso r of Industrial R elations, G rad uate School of B u sin ess A dm inistration, H arvard U n iversity. In addition to the duties of the Board as required by the statute, the. P resid en t requested that the Board d ire ct its im m ediate attention to achieving a settlem en t. He in stru cted the Board to report to him on or before June 30. The Board m et in New York in public se s sio n b riefly , then m et p riv ately with shipow ners and union re p resen ta tiv es to determ in e w hether the Board could arrange prom pt resum ption of the deadlocked n egotiation s. The M arine E ngineers' B en eficia l A sso cia tio n and the International O rganization of M asters, M ates and P ilo ts, through th eir attorn eys, told the Board that their m em b ers w ere excluded from the p ro v isio n s of the T aft-H artley Act b ecau se of th eir su p erviso ry statu s. M eetings continued, including both form al h earin gs and inform al in q u iries into the facts and is su e s under Board of Inquiry—F ed eral M ediation and C onciliation S erv ice a u sp ices. T hese m eetin g s at tim es included both em p loyers and unions; at other tim es they w ere held sep arately with d ifferent union and m anagem ent groups. P resid en t Kennedy postponed until 9 a. m . , July 3, the deadline for the Board to report the facts of the dispute to him . See footnote at end of table. 40 18. M aritim e Industry D ispute, A tlantic, P a c ific , and Gulf C o a sts, 1961— M aritim e u n io n s1 v. certa in shipow ners and op erators in the United S tates foreign and d om estic trade— Continued July 1, 1961__________ July 2 _ At a joint con feren ce attended and C onciliation S erv ice and M arine E n gin eers' B en eficia l P a c ific M aritim e A sso cia tio n of 150 sh ip s. by the D irecto r of the F ed er a l M ediation a m em b er of the B oard of Inquiry, the A sso cia tio n reach ed agreem en t w ith the w hich laid the groundw ork for m ovem en t __ __ _____ The B oard subm itted two rep orts to the P resid en t. The m ain report outlined the d isp u tes and indicated that although th ere had been agreem en t betw een som e of the p a r tie s, fu ll accord had not been reached and the strik e w as continuing. The supplem ental report outlined the m ediation w ork the Board had undertaken at the P resid en t's req u est and reported th eir findings on the p ro p osals m ade for m in i m izin g the effect of the strik e on national health and safety. A greem en ts w ere signed by a group of Gulf C oast shipow n ers with two unions— M a ster s, M ates and P ilo ts and the A m erican Radio A sso cia tio n . The P resid en t d irected the A ttorney G eneral to petition the U.S. D istrict Court for the Southern D istr ic t of New York for an injunction. Judge S y lv ester J. Ryan issu e d a tem p orary 5-d ay restra in in g ord er. A ttorn eys for the N ational M arine E ngineers' B en eficia l A sso cia tio n , S ea fa rers' International Union, and the International O rganization of M a sters, M ates and P ilo ts sought a stay of the restra in in g ord er until a hearing of the appeal w hich had been filed by th ese defendants from that ord er. Judge C lark of the U.S. C ircu it Court of A ppeals denied the stay. A greem en t reach ed betw een N ational M aritim e Union and the A m erican M erchant M arine Institute after a s e r ie s of co n feren ces held under joint au sp ices of the B oard of Inquiry and F ed era l M ediation and C onciliation S erv ice. July 7 July 10 S ailin gs of A m erican ships in ports on th ree co a sts w ere n ea rly norm al. M ore than half of the 9 5 0 -ship United S tates flag fle e t w ere able to sa il under agreem en ts reached w ith unions or under con tracts w ith other unions not involved in the strik e. H earing w as held on the G overnm ent's m otion for a p relim in a ry injunction and the tem p orary restra in in g order w as extended until July 12. Judge Ryan extended the tem p orary restra in in g order to an 8 0 -day injunction under the em ergen cy p ro v isio n s of the T aft-H a rtley Act preventing any renew al of the walkout until Septem ber 21. He d irected the unions and the six com pany groups to continue c o llectiv e bargaining in an effort to settle th eir d ifferen ces before expiration of the injunction. Judge Ryan d ism isse d the argum ent offered by the M a ster s, M ates and P ilo ts and the M arine E ngineers' B en eficia l A sso cia tio n that they w ere beyond the purview of the act b eca u se th eir m em b ers w ere su p erv iso ry p erso n n el rather than em p lo y ees. A greem en t w as reached betw een the A m erican Radio A sso cia tio n and E ast C oast d ry -ca rg o com p anies after m any m eetin g s betw een the p a r tie s, particip ated in by m em b ers of the B oard of Inquiry and the F ed er a l M ediation and C onciliation S erv ice. See footnote at end of tab le. 41 18. M aritim e Industry D ispute, A tlantic, P a cific, and Gulf C o a sts, 196 1— M aritim e unions 1 v. certain shipow ners and op erators in the United States foreign and d om estic trade’— Continued The U .S . Court of A ppeals held h earings on the union p etition to d ism iss the injunction. August 22 ------------------ The P resid en t reconvened the B oard of Inquiry and m eetin g s w ere held in New York. W orking with the B oard, F ed eral m ed iators r e sum ed m eetin g s with m aritipne groups in an effort to bring about an agreem en t. The U .S . Court of A ppeals upheld a U .S . D istr ic t court injunction of July 10 against renew al of the m aritim e strik e b efore Septem ber 21. August 24 ------------------ The threat of a renew al of the strik e virtu ally disappeared as the M arine E n gin eers B en eficia l A sso cia tio n announced agreem en ts com p leted with A tlantic and Gulf d ry -ca rg o and tanker com p anies. August 17, 1961 -------- Tanker com panies .reached agreem en t with the International O rgani zation of M a ster s, M ates and P ilo ts on the E ast C oast. The N ational Labor R elations Board m ailed la st-o ffe r ballots to m em b ers of m aritim e unions. B allots w ere m ailed in advance to ports w here the union m em b ers' ships w ere scheduled to put in. Septem ber 1 --------------- F inal report of the Board of Inquiry subm itted to the P resid en t. The Board reported that the follow ing disp u tes rem ained in p ro g r e ss: The A lcoa Steam ship Co. and the S ea fa rers' International Union; the P a cific M aritim e A sso cia tio n and the International O rgani zation of M asters, M ates and P ilo tsr the P a cific M aritim e A s s o ciation and the A m erican Radio A sso cia tio n . The report included the la st offer m ade by the com panies to the unions that had not agreed on a contract. /August 25 ------------------ Sep tem ber 7 --------------- M a ster s, M ates and P ilo ts indicated rejection of the NLRB b a llo t ing due to elig ib ility of voters being lim ited to those em ployed— approxim ately on e-th ird of the m em b ersh ip . A m erican Radio A s sociation refused to negotiate with P a cific M aritim e A sso cia tio n pending outcom e of dispute with the M a ster s, M ates and P ilo ts. Septem ber 9 --------------- O fficers of W est C oast ships w ere voting in various world ports on contract offers subm itted by the P a cific M aritim e A sso cia tio n to the International O rganization of M a ster s, M ates and P ilo ts and the A m erican Radio A sso cia tio n and by the A lcoa Steam ship Co. to the S ea fa rers' International Union. Sep tem ber 1 6 ------------ Board m em ber Jam es J. H ealy was retained as a sp ecia l m ediator to try to settle the P a cific C oast m aritim e disputes prior to ex p ira tion of the injunction. A m erican Radio A sso cia tio n reached agreem en t with P a cific C oast shipow ners during con feren ces held under joint au sp ices of F ed eral M ediation and C onciliation S erv ice and the Board of Inquiry. The contract was prom ptly ratified by the m em b ersh ip . Sep tem ber 18 ------------ S ecretary G oldberg announced the appointm ent of a co m m ittee to study the foreign flag is su e and m ake recom m en dations. M em bers: Under S ecreta ry of Labor W. W illard W irtz, chairm an; Edward Gudem an, Under S ecreta ry of C om m erce; and Donald B. S trau s, New Y ork, labor arb itrator. See footnote at end of table. 42 18. M aritim e Industry D ispute, A tlantic, P a cific, and Gulf C o a sts, 1961— M aritim e unions 1 v. certa in shipow ners and o p erators in the United States foreign and d o m estic trade— Continued Sep tem ber 20, 1961 — M a sters, M ates and P ilo ts rejected the "final offer" of P a cific M ari tim e A sso cia tio n . N ational Labor R elations B oard suspended tabu lation of the voting b ecau se of apparent e r ro r in la s t offer subm itted to M a sters, M ates and P ilo ts em ployed m em b ers. Sep tem ber 2 1 ------------- Sep tem ber 2 5 ------------January 25, 1 9 6 2 ____ The 80 -day injunction expired. A lcoa Steam ship Co. and the S ea fa rers' International Union concluded a 1-yea r a greem en t a few hours b efore the expiration. F ed eral m ed ia to rs continued to take part in n eg o tiation s in the P a cific C oast dispute involving the M a sters, M ates and P ilo ts . 2 The injunction was d isso lv ed by F ed era l Judge S y lv este r J. Ryan on m otion by the G overnm ent, effectiv e Sep tem ber 21. The P resid en t subm itted a rep ort on the dispute to C o n g ress. He concluded w ith the inform ation that the injunction had been lifted , effectiv e Septem ber 21, and that settle m en ts w ere reached by a ll p a rties to the dispute. National Maritime Union of America, Seafarers' International Union of North America, National Marine Engineers' Beneficial Association, International Organization of Masters, Mates and Pilots, American Radio Association, Radio Officers Union, and the Staff Officers Association of America. 2 Strike involving this union and the member companies of the Pacific Maritime Association began at Pacific Coast ports September 28. This dispute was the only part of the national maritime strike which was not settled before the expiration of the injunction. By October 4, 28 ships were tied up. On October 5, the Secretary of Labor appointed a Board of Inquiry, composed of W. Willard Wirtz, Under Secretary of Labor; William E. Simkin, Director, Federal Mediation and Conciliation Service; and James J. Healy, member of the President's Board of Inquiry. Settlement was reached October 11, and the union voted to ratify the contract and return to work. Negotiations were to, continue on some issues. 19. M aritim e Industry D ispute, W est C oast and H aw aii, 1962— S ea fa rers' International Union of N orth A m erica (3 su b d iv isio n s)1 v. shipow n ers and op erators rep resen ted by the P a cific M aritim e A sso cia tio n S ep tem ber 30, 1961 — C ontract exp ired . N egotiations broke down in F ebruary 1962, after the p a rties failed to reach agreem en t on w ages, o v ertim e, w elfa re b en efits, and v acation s. F ebru ary 18, 196 2---- Work stoppage of W est C oast m a ritim e w o rk ers, threatened for F ebru ary 20, averted after appointm ent of a sp ecia l m ed iation panel by W illiam E. Sim kin, D irecto r of the F ed era l M ediation and C on cilia tio n S er v ice . M em bers: R obert H. M oore, Deputy D ir ecto r of the F ed era l M ediation and C on ciliation S erv ice; Jam es J. H ealy, p r o fe sso r of in d u strial rela tio n s, G raduate School of B u sin e ss A dm in istra tio n , H arvard U n iversity; and C o m m issio n er G eorge H illenbrand, of the San F ra n c isc o office of the M ediation and C on ciliation S er v ice . F eb ru ary 26---------------- The panel m et in San F ra n cisco w ith shipow n ers and negotiating c o m m itte es of the u n licen sed m a ritim e unions, and continued m eetin g s for a lm o st 3 w eek s, but w as unable to effect a settlem en t. S ee footnote at end of table. 43 19. M aritim e Industry D ispute, W est C oast and H aw aii, 1962— S ea fa rers' International Union of North A m erica (3 su b d iv isio n s)1 v. Shipow ners and O perators rep resen ted by the P a cific M aritim e A sso cia tio n — Continued M arch 16, 1962 Work stoppages began; 22 ships w ere im m ed iately tied up, and others w ere struck as they reached port. 2 About 5, 000 w ork ers w ere d irectly idled at peak of strik e. L ongshorem en pledged to support the strik e by honoring picket lin es, but the P a cific M aritim e A sso cia tio n obtained a F ed eral court order prohibiting the str ik ers from in terferin g with the unloading of m ilita ry and p erish ab le cargo, baggage, and m a il from sh ip s. M arch 17 Striking seam en w ithdrew picket lin es from a ll San F ra n cisco p iers in com p liance with court order. Strike spread to W est C oast p orts from P uget Sound, to San D iego M arch 19, and H aw aii. M arch 20 ------------------- Shipow ners accepted a F ed eral judge's p roposal for arbitration of the dispute; the striking unions rejected the proposal. M arch 21 ------------------- Shipow ners and the striking unions agreed to resu m e negotiations with the a ssista n c e of a F ed eral m ed iator. M arch 29-------------------- G overnor W illiam T. Quinn of H aw aii flew to San F ra n cisco to seek p er m issio n for the unloading of eight freig h ters tied up in Honolulu. He em ph asized im m ediate action was n ec essa ry . A pril 2 S ecretary of Labor Arthur J. G oldberg m et with com pany and union negotiators in W ashington. Im m ediately after the m eeting, he appointed a th ree-m a n panel to pursue further m ediation effo rts. The panel was d irected to report back to the S ecretary by noon, A pril 7. P anel m em b ers: W. W illard W irtz, Under S ecretary of Labor, chairm an; R obert H. M oore, Deputy D irecto r of the F ed eral M ediation and C onciliation S ervice; and P r o fe sso r Jam es J. H ealy. A fter m eetin g with the p arties on A pril 5 and 6, the panel reported that no accord could be reached. A pril 3 G overnor Quinn p roclaim ed a state of em ergen cy in Hawaii, and sent a radiogram to P resid en t Kennedy requesting im m ediate shipping relief. A pril 7 Board of Inquiry appointed by the P resid en t. M em bers: P ro fesso r Jam es J. H ealy, chairm an; Frank J. Dugan, p ro fe sso r , G eorgetow n U niversity Law School; L aw rence E. Seibel, arb itrator, Washington, D.C. The Board was instructed to report to the P resid en t by A pril 11. T elegram s to the p arties inform ed them that the Board would m eet in W ashington A pril 9. The p a rties w ere invited to appear, and each was requested to subm it a w ritten statem ent of its p osition. Both p arties subm itted statem en ts, but deem ed a p erso n al appearance un n e c e ssa r y , sin ce the Board chairm an had spent m any days as a m em b er of two sp ecia l m ediation p anels, and was con sid ered to have know ledge of the p arties' p osition s and the facts with resp ect to the dispute. See footnotes at end of table. 44 19. M aritim e Industry D ispute, W est Coast and H aw aii, 1962— S ea fa rers' International Union of N orth A m erica (3 su b divisions) 1 v. Shipow ners and O perators rep resen ted by the P a c ific M aritim e A sso cia tio n — Continued A p ril 11, 1962*._______ The B oard subm itted its rep ort to the P resid en t. The report indicated that agreem en t had been reached on a few is s u e s (m o stly noneconom ic), but stated that a num ber of w ork rule changes and econ om ic is s u e s rem ained u n settled . The rep ort su m m arized the p osition s of the p a rties on the u n settled is s u e s and stated that the underlying is su e in dispute w as the total co st of a package settlem en t. In co n clu sion , the B oard reaffirm ed the view of the 1961 M aritim e B oard of Inquiry— that one of the m ost im portant o b sta cles to settlem en t w as the m u ltip licity of agreem en ts in the m a ritim e industry. The P resid en t d irected the A ttorney G eneral to p etition the United States D istrict Court for the N orthern D istrict of C alifornia for an injunction. Judge G eorge B. H arris, F ed era l D istrict judge .in San F r a n c isc o , issu e d a tem p orary restra in in g ord er, and set A p ril 16 to hear argum ents on the m otion for p relim in a ry injunction. A p ril 17_______________ A p ril 18______________ 9 --------------------------------- June 1 June 6 _________________ June 11 _ N egotiators m et at the req u est of Judge H arris. A rthur C. V iat, R egional D irector of the F ed era l M ediation and C onciliation S er v ice , reported no p ro g re ss w as m ade. Judge H arris extended the tem p orary restra in in g order to an 80-d ay injunction, under the em erg en cy p ro v isio n s of the T aft-H a rtley A ct, preventing any renew al of the strik e until June 30. The S ecreta ry of Labor appealed to the shipow n ers and unions to settle their dispute. The Board of Inquiry requested the p a rties to subm it w ritten statem en ts concerning the efforts tow ard settlem en t and th eir p resen t p osition . The P a cific M aritim e A sso cia tio n asked P resid en t K ennedy to appoint a sp ecia l panel to study the is su e s and m ake a recom m en dation for settlem en t. The B oard of Inquiry reported to the P resid en t. The variou s solu tion s explored, and form s of arbitration su ggested , w ere reported. The report concluded that the 6 0 -day period had w itn essed a substan tial narrowing of d ifferen ces betw een the p arties; that rem aining differences did not ju stify resum ption of a strike; and that a settlem en t should be attainable. The N ational Labor R elations Board m ailed b a llo ts to m em b ers of the th ree striking unions for a vote on th e.P a cific M aritim e A sso cia tio n 's final offer. The voting period w as to end June 26. M orris W eisb erger, head n egotiator for the union, urged m em b ers not to v o t e .3 J u n e 12 __ _ P resid en t K ennedy nam ed Jam es J. H ealy as a sp ecia l m ediator to try to settle the dispute. P r o fe sso r H ealy announced he would hold "showdown" m eetin g s, both sep arate and join t, until eith er a s e ttle m ent w as reached or th ere w as a final deadlock. See footnotes at end of table. 45 19. M aritim e Industry D ispute, W est Coast and H aw aii, 1962— S ea fa rers' International Union of North A m erica (3 subdivisions) 1 v. Shipow ners and O perators rep resen ted by the P a c ific M aritim e A sso cia tio n — Continued June 21, 1962 _________ Contract agreem ent re a c h e d .4 R ep resen tatives of the shipow ners and unions agreed to subm it the agreem ent to th eir resp ectiv e m em b ersh ip s with recom m en dations for approval. J. P aul St. Sure, P resid en t of the P a c ific M aritim e A sso cia tio n , called the 44 1/2 -m onth contract a "m ajor achievem ent" b ecau se it m eant that a ll m aritim e con tracts on the W est C oast would have a com m on expiration date— June 15, 1965. July 2___ _______________ Court injunction o fficia lly d ischarged. July 16 The S ea fa rers' International Union notified the P a cific M aritim e A sso cia tio n of o fficia l ra tifica tion of the contract by the Sailors* Union of the P a cific, P a cific C oast M arine F irem en , O ile rs, W atertenders, and W ipers A sso cia tio n , and the M arine Cooks and Stew ards' Union. Three subdivisions of the Seafarers' International Union involved—Sailors' Union of the Pacific; Pacific Coast Marine Firemen, Oilers, Watertenders, and Wipers Association; and the Marine Cooks and Stewards Union. 2 This was the third strike of maritime workers on the West Coast within 10 months—the first occurred in June 1961; the second occurred in late September 1961. Results of the National Labor Relations Board vote were not certified to the Attorney General, since a settlement was reached before the end of the voting period. 4 The contract provided for a 2-percent increase in base, penalty, and overtime rates effective October 1, 1961; maximum of 7. 85-percent adjustment effective October 1963 for woik rule changes; 5 days' vacation (was 3) for each 30 days worked retroactive to October 1, 1961; $150-a-month maximum pension benefit (was $125), normal retirement at age 62 (was 65) and early retirement at age 57 (was 60) effective October 1, 1962; companies to pay $1.10 a day to welfare fund (was 80 cents) retroactive to October 1, 1961, with existing benefits guaranteed during agreement term; companies to pay 5 cents a day to work stabilization fund and 5 cents a day to industry fund effective October 1, 1962—money to be placed in escrow pending decision on use of funds. NOTE: Following protests of the unions and the Pacific Maritime Association during the period of the injunction, Judge Harris modified the restraining order to (1) permit seamen to walk off ships in American ports at the expiration of the truce; (2) hold seamen in violation of the injunction if they refused to sign onto ships which would not complete voyage by June 29; and (3) provide for seamen to remain aboard ships until cargo is unloaded, even if they return to port after the truce expires and the strike resumes. In late April, the unions filed appeals in the Ninth U.S. Circuit Court of Appeals, charging that these modified orders deprived the unions of the right to strike. The Circuit Court ruled that unions must sign on for trips of normal length throughout the 80-day "cooling off' period, but left the unions free to walk off the ships as soon as the injunction ended. The U.S. Supreme Court refused to review the lower court's ruling and, in effect, upheld ruling of the U. S. Circuit Court of Appeals. 20. Republic A viation Corp. , F arm in gd ale, Long Island, N. Y. , 1962— v. International A sso cia tio n of M achinists (A FL —CIO)1 M arch 5, 1962________ Company and union rep resen ta tiv es m et in d irect n egotiation s. They w ere joined by F ed era l m ed ia to rs in m id-M arch. The m ajor is su e s in dispute related to job secu rity , sen io rity , and severan ce pay. D aily m eetin g s w ere held under F ed era l M ediation and C onciliation S erv ice a u sp ices through A pril 1. A pril 1 T w o-year contract expired. The union rejected the com pany's fin al offer and voted to strik e. A p ril 2 __ __ _ __ __ Strike by m a ch in ists began at 12:01 a .m ., idling about 8, 800 production w ork ers; craft unions joined the strik e soon th ereafter. A pril 6 ________________ B etw een A pril 6 and 30, com pany and union n egotiators held sev er a l joint m eetin g s under the au sp ices of F ed era l m ed iators. M ,y 7---------------------------- N egotiation s broke down and bargaining s e s sio n s w ere r e c e s s e d subject to ca ll. See footnote at end of table. 46 20. R epublic A viation C orp. , F arm in gd ale, Long Island, N .Y . ,1 9 6 2 — v. International A sso cia tio n of M achinists (A F L -C IO )1— Continued May 14, 196 2_________ W illiam E. Sim kin, D irecto r of the F ed era l M ediation and C on ciliation S er v ice , m et w ith both sid es in W ashington. Ten m eetin g s w ere held betw een May 14 and May 23. May 22________________ The D efen se D epartm ent announced that the 53-d a y -o ld strik e had slow ed d e liv e r ie s of a ircra ft to a point w here the im pact would be felt by A ir F o rce d efen se in stallation s in E urope and the P a cific. May 28................................. S ecreta ry of Labor Arthur J. G oldberg, A ssista n t S ecreta ry Jam es J. R eynolds, and re p resen ta tiv es of the F ed era l M ediation and C o n cil iation S erv ice m et w ith both p a r tie s. The D irecto r of FMCS continued negotiation s, on May 29. No agreem en t was reached and m eetin g s w ere r e c e s s e d subject to ca ll. June 7-------------------------- B oard of Inquiry appointed by the P resid en t. M em bers: Lloyd K. G arrison, attorney, New York City, chairm an; Arthur Stark and Jam es C. H ill of N ew York, both arb itra to rs. June 11 ------------------------ The Board of Inquiry held h earin gs June 11 and 12 in New Y ork C ity. June 1 4 _______________ The B oard reported to the P resid en t that "after a ll the efforts at settlem en t w hich have been m ade by the G overnm ent, an im p a sse rem a in s. " The B oard a lso reported that th ere appeared to be no im m ed iate p o ssib ility of the p a rties settlin g the dispute. June 1 5 _______________ P resid en t Kennedy ordered the J u stice D epartm ent to halt the strik e by obtaining an 80-day injunction. F ed era l Judge W alter B ruchhausen of B rooklyn signed a restra in in g ord er that d irected the str ik ers to return to work Monday m orn ing. Judge B ruchhausen se t June 20 for a hearing on the G overnm ent's p etition for a tem porary injunction again st the strik e. June 1 8 _______________ Striking m ach in ists and craft unions com p lied with the G overnm ent ord er and returned to work. June 20 ------------------------ Judge B ruchhausen issu ed an injunction again st the unions restra in in g them from strik in g for 80 d ays. The ord er was predated to June 16, and prohibited a resum ption of the strik e until Septem ber 4. June 2 8 ------------------------ M ediation efforts resu m ed and R epublic announced settlem en t with IBEW, L ocal 25 (agreed upon June 27), m arking the fir s t break in the strik e. July 2 _________________ The R egional D ir ecto r of the F ed era l M ediation and C on ciliation S erv ice in New York sum m oned n eg otiators for both sid es to a join t m eetin g July 5, the fir s t fa c e -to -fa c e m eetin g sin ce May 28. July 19________________ The com pany announced 60 new co n tracts had been obtained and that, in stead of m a ss layo ffs, it actually would h ire m ore m en. A ugust 1---------------------- The D irecto r of the F ed era l M ediation and C onciliation S er v ice r e quested that negotiations be shifted to W ashington, after m ed ia to rs reported that both sid es w ere s till deadlocked. When the union r e p r e sen tatives w ere unable to com e to W ashington, the D irecto r and other re p resen ta tiv es of FMCS continued n egotiation s in the New York area. See footnote at end of table. 47 20. R epublic A viation Corp. , F arm in gd ale, .Long Island, N. Y. , 1962— v. International A sso cia tio n of M achinists (A FL —CIO)1— Continued August 12, 1962___ __ IAM ratified a new 3 -y ea r contract, 2 reached on August 10. Republic also announced it had reached settlem en ts with the craft unions. August 14______________ The Board of Inquiry m ade its final report to the P resid en t. The report indicated that all p a rties, except John G. Sharp (co n cessio n a ire), and H otel and R estaurant W orkers, had reached agreem ent. August 28______________ Addendum to B oard's final report indicated that all unions had reached agreem ent. Injunction d isso lv ed . Septem ber 7 1 The International A ssociation of M achinists was suppdrted by four craft unions— U nited Brotherhood of Carpenters and Joiners, International Brotherhood of E lectrical Workers, International U nion of Operating Engineers, and U nited A ssociation of Journeym en and Apprentices o f the Plum bing and Pipe Fitting Industry— and by H otel & Restaurant E m ployees and Bartenders International U nion in the plant cafeteria (John G. Sharp, operator). ^ • 2 The IAM contract provided 6V 2_cent w age increase retroactive to June 15, 1962; additional average 7 S c e n t s effectiv e April 1, 1963, and average 8 cents e ffectiv e April 6, 1964; additional 10-cen ts-an -hou r inequity adjustm ent to certain classifications; two new top labor grades established and upgrading procedure revised; current 6 -c e n t c o st-o f-liv in g allow ance incorporated into base rates (includ es 1 -c e n t adjustm ent under the new agreem ent— com pany had granted sim ilar increase to salary and nonunion hourly em p loyees e ffectiv e April 2, 1962). Other benefits e ffectiv e April 1, 1962: Improved holiday provisions; 3 w eeks' vacation after 10 years (was 12); additional 2 -cen t-an -h o u r cost to com pany for im proved insurance, including sem iprivate hospital room (w as $18); im proved surgical schedule and up to 31 days' coverage for la id -o ff em ployees; establishm ent of $50 lum p-sum severance ben efit for each year's service (m axim um $500) financed by in itial $1 m illion com pany paym ent and 5 cents an hour thereafter; lim it on duration of supplem entary jury-duty pay elim in ated (was 2 w eeks a year). Several other issues were agreed upon including im proved seniority application and a clarifica tion of work out of classification . 21. Long shoring D ispute on the A tlantic and Gulf C oasts, 1962—63— International L ongshorem en's A sso cia tio n (A F L —CIO) v. shipping and steved orin g com panies June 13, 1962_________ The fir st bargaining session betw een union representatives and officia ls of the New York Shipping A ssociation w as h eld .1 *The union p resen ted its p rop osals for contract rev isio n . M ajor item s concerned w ages and hours of work. July 16________________ The New York Shipping A sso cia tio n p resen ted its cou n terp rop osals, offering a w age in cr ea se and pension and w elfa re plan im p rovem en ts, cqnditioned on w o rk -ru le changes. A u g u s t 23 __ _ W illiafn E. Sim kin, D irector of the F ed eral M ediation and C onciliation S erv ice, appointed a sp ecia l m ediation panel . to attem pt to reso lv e the econom ic is s u e s for all E ast Coast ports from M aine to V irginia. 2 P anel M em bers; Robert H. M oore, Deputy D irector of FMCS, chairm an; H erbert Sch m ertz, G eneral C ounsel, FMCS; T hom as G. Dougherty, and D aniel F . F itzp atrick , FMCS co m m issio n er s from the New York regional office. John Andrew Burke, M aritim e C oordinator for the F ed era l M ediation and C onciliation S erv ice, a ssiste d the panel. Joseph F . Finnegan, chairm an of the New York State D epartm ent of Labor, and H arold F elix , New York City D epartm ent of L abor, also appointed re p resen ta tiv es to w ork with the m ediation panel. Septem ber 4 Joint negotiations resum ed under au sp ices of the F ed eral M ediation and C onciliation S ervice. Septem ber 1 1_________ The union notified S ecretary of Labor W. W illard W irtz, G overnor Hughes of New J e r se y , and G overnor R o ck efeller of New York that negotiations w ere deadlocked and that a strik e w as in p rosp ect. See footnotes at end of table. 48 21. L ongshoring D ispute on the A tlantic and Gulf C o asts, 1962—63— International L ongshorem en's A sso cia tio n (AFL-CIO) v. shipping and steved orin g com p an ies— Continued Sep tem ber 12, Both industry and union o fficia ls sen t teleg ra m s to P resid en t Kennedy alertin g him to an im pending strik e. Sep tem ber 1 3 ------------- Talk to p a rties in New York by A ssista n t S ecreta ry of Labor R eynolds. Sep tem ber 2 0 ------------- V ote by ILA in New York on em ployer o ffer. R ejected. Sep tem ber 24 The F ed era l M ediation and C onciliation S er v ice proposed a 1-yea r con tract extension, with no changes except with re sp e ct to w age and frin ge item s, pending a joint study of the disputed m anpow er u tiliza tio n and job secu rity is s u e s . Union rejected ; New York Shipping A s s o cia tion would accept, providing u n resolved is s u e s w ent to binding arbitration. Sep tem ber 27—28. 'M eetings held under FMCS a u sp ices in M iam i, M obile, New O rlean s, and G alveston. O ctober 1 ----------Upon the expiration of the contract, a strik e of approxim ately 50, 000 lon gsh orem en began at 12:01 a.m ., tying up ports from M aine to T exas. O ctober 2 O ctober 4 _ O ctober 6 O ctober 10 O ctober 16 1962— B oard of Inquiry appointed by the P resid en t 10 hours after strik e began. M em bers: Robben W. F lem in g, p r o fe sso r of law at the U ni v e r sity of Illin o is, chairm an; Vernon H. Jen sen , p r o fe sso r of in d u strial and labor relation s at C ornell U n iversity; and R obert L. Stutz, a s so cia te p ro fe sso r of in d u strial ad m in istration at the U n iv ersity of C onnecticut. The B oard began hearings in New York C ity. The Board reported to the P resid en t that d esp ite repeated m eetin g s and m ediation effo rts, alm ost no p ro g re ss had been m ade tow ard an agreem en t, and that the w id esp read im pact in a ll the m ajor ports created an in tolerab le condition w hich n ec essita ted resum ption of work and an ea rly settlem en t of the dispute. The P resid en t im m ediately signed the ord er d irectin g the A ttorney G eneral to petition the appropriate d istr ic t court for an injunction again st the strik e. Judge F. X. M cGohey, F ed eral D istr ic t Court, issu e d a 10-day te m porary restra in in g order, effectiv e at 4:25 p. m . 3 Judge M cGohey set O ctober 10 for a hearing to d eterm in e w hether to extend the injunction to the full 80 days. L ongshorem en returned to work in a ll E ast and Gulf C oast p o rts. Judge M cGohey extended origin al 10-day restra in in g ord er to fu ll 80-day period authorized by the Labor M anagem ent R elations ( T aft-H artley) A ct, prohibiting a resum ption of the strik e until D ecem b er 23. The Board of Inquiry began exploratory talks with industry and union re p resen ta tiv e s. The Board m et jointly and sep arately with the p a rties betw een O ctober 16 and O ctober 31, but both sid es rem ained adam ent in their re sp e ctiv e p o sition s. The Board term inated its m ed iation efforts after the union rejected a recom m en dation to put off dem ands for a 6 -hour day and higher b ase pay rate, and the em p loyers rejected the recom m en dation to d efer th eir dem ands for changes in work gang s iz e s . See footnote at end of table. 49 21. L ongshoring D ispute on the A tlantic and Gulf C oasts, 1962—63— International L ongshorem en's A sso cia tio n (AFL-CIO ) v. shipping and steved orin g com panies— Continued O ctober 23, 1962____ N ovem ber 7 __________ N ovem ber 27_________ D ecem ber 3 D ecem ber 14_________ D ecem ber 17 D ecem ber 19_________ D ecem ber 23 D ecem ber 25_________ January 16, 1963____ January 20____________ See footnote Deputy D irector and Coordinator m et w ith South A tlantic and Gulf ILA d elegates in New York. R esum ption of negotiations w as begun. Under sp on sorsh ip of F ed era l m ed ia to rs, the p a r tie s began a point-by-point d iscu ssio n of the disputed is s u e s . The union w age sca le com m ittee recom m ended rejection of the e m p loyers' final offer, which proposed that w ork gangs be reduced by one m an a year during the next 3 y ea rs and a total w age offer of a 27-cen t-a n -h o u r in cr ea se over a 3 -y ea r period. The B oard of Inquiry subm itted its second report to the P resid en t. The report stated that negotiations in New York foundered on the m anpow er u tilization issu e , and that there had been no substantial change in the p osition s of the p a rties. B ecau se of the patternsetting potential of the New York contract, lo ca l negotiations in both A tlantic and Gulf C oasts ports had been perfunctory or held in abeyance. Vote on em p loyers' la st offer began in New York under a u sp ices of the N ational Labor R elations Board; voting in other ports w as scheduled for D ecem ber 17 and 18. Joint m eeting in W ashington under au sp ices of Labor S ecreta ry W irtz. P a rties resu m ed m eeting in New York. The NLRB reported that lon gsh orem en rejected the em p loyers' la st offer by a vote of 25 to 1. E ighty-day injunction expired. L ongshorem en rejected P r e sid e n t K ennedy's plea for a 90-day tru ce, and resu m ed the s tr ik e .4 The P resident had telegraphed industry and union rep resen ta tiv es, proposing that a com m ittee organized by the S ecretary of Labor study m anpower u tilization , job secu rity and related is s u e s , and that another com m ittee, headed by Judge H arold R. M edina, recom m end settlem en ts on all other m atters by F ebru ary 15. The N ational M aritim e Union of A m erica stated its m em b ers would honor the ILA picket lin es. Six other m aritim e unions had also pledged to support the ILA strik e. P resid en t Kennedy appointed a th ree-m a n board to m ediate the strik e shortly after the S ecretary of Labor reported that negotiations had collap sed . Board m em bers: Senator Wayne M orse, chairm an; Jam es J. H ealy, H arvard U n iversity p ro fessor; and Theodore K heel, New York City arb itrator. The P resid en t in stru cted the Board to propose action to C ongress if no contract settlem en t could be reached by January 20. The Board m ade the follow ing recom m en dations for ending the strike: 2 4 -cen t-an -h ou r w age in cr ea se over the next 2 yea rs (15 cen ts re tr o active to O ctober 1, 1962), plus 13 cen ts for im proved p en sion s, health, and w elfa re ben efits. The recom m en dations also included p ro v isio n s for a "study by the D epartm ent of Labor under the direction of the S ecretary of Labor of the prob lem s of m anpow er utilization , job security and all other related is su e s which affect the longshore industry." P ro v isio n w as also m ade for a neutral board to m ake recom m en dations toward im plem enting the findings of the study' in the event that the p arties fa il to agree by July 31, 1964. at end of table. 50 21. L ongshoring D ispute on the A tlantic and Gulf C o asts, 1962—63— International L ongshorem en's A sso cia tio n (A F L —CIO) v. shipping and steved orin g com p an ies— Continued January 22, 1 9 6 3 ____ The N ew York Shipping A sso cia tio n announced accep tan ce of the B oard 's recom m endation. January 26____________ L ongshorem en in the P ort of New York returned to work. S ettlem en ts w ere com p leted in all other ports by January 27, and norm al op eration s w ere resum ed January 28. F ebru ary 20---------------- The Board reported to the P resid en t. The report su m m arized the B oard 's m ediation effo rts, the recom m en dations m ade, and the guiding c r ite r ia used in form ulating its p rop osal. 1 The New York Shipping A ssociation was empowered to bargain for managem ent groups from Maine to Virginia on "Master Contract" item s. Traditionally, negotiations in New York on the Master Contract, while not binding in the South A tlantic and Gulf ports, set the pattern for settlem ent there. Employer groups involved included the following: New York Shipping A ssociation, I n c .; Harbor Carriers of the Port of New York; Steamship Trade A ssociation of Baltimore, Inc.; Philadelphia Marine Trade Association; New Orleans Steamship Association; Hampton Roads Maritime Association; Mobile Steamship Association; West Gulf M aritime Industry; Boston Shipping Association; and South A tlantic Employers A ssociation. 2 After the 1959 contracts were signed, the Federal M ediation and C onciliation Service m aintained continuous liaison with the parties in an effort to avoid a crisis in 1962. In January 1962, Federal mediators m et with top union and industry representatives and suggested that bargaining get underway early. A t that tim e, both sides undertook factual surveys on several key points. ^ This was the fourth tim e since 1948 that the longshoremen have been ordered back to work by Federal court injunction, and the eighth tim e that workers in the m aritim e field have been under directive of the Taft-H artley A ct. 4 This was the fourth tim e a longshore strike had occurred or resumed after an 8 0 -day "cooling off" period. 22. A erosp ace Industry D ispute, 1962 1— L ockheed A ircra ft Corp. v. International A sso cia tio n of M achinists (A F L —CIO) July 21, 196 2_________ In com p lian ce with the recom m en dations of W illiam E. Sim kin, D i recto r of the F ed era l M ediation and C o n ciliation S erv ice, P resid en t Kennedy ca lled for a 6 0 -day tru ce and appointed a th ree-m a n board of public c itize n s to a s s is t F ed era l m ed ia to rs in n eg otiation s. 2 M em b er s: D r. G eorge W. T aylor, p ro fe sso r of industry at the U n iversity of P ennsylvania, chairm an; Ralph T. Sew ard, um pire for B ethlehem S teel Co. and the United S teelw ork ers of A m erica, and D r. C h arles C. K illin gs worth, p ro fe sso r of econ om ics at M ichigan State U n iversity. July 28------------------------- The unions agreed to the tru ce and the B oard began h earin gs at the F ed era l M ediation and C onciliation S er v ice office in L os A n geles on the key is s u e s — w ages, unem ploym ent b en efits, and union shop. N early 3 w eeks .w ere spent in sep arate and joint m eetin g s, but negotiation s rem ained deadlocked. A ugust 1 9 -------------------- A fter em ph asizing to the p a rties tne n e c e ssity of reexam inin g their p osition s as a prelude to further and in ten sified n eg otiation s, the B oard reconvened in W ashington, D. C. Septem ber 1__________ In the report to the P resid en t, the Board su m m arized the p ositio n s of the p a rties and their recom m en dations for reso lv in g the d isp u te. Septem ber 4---------------- The Board subm itted its recom m en dations to the p a r tie s. T h ese included recom m en dations for 3 -y ea r ag reem en ts; g en era l w age in c r e a s e s ; in cr ea se in com pany contributions to layoff b en efit plans; and an em ployee vote in each bargaining unit to re so lv e the union shop is s u e .3 The p arties w ere urged to take note of the r e c o m m endations and to renew their efforts to settle the d isp u te. See footnotes at end of table. 51 22. A erosp ace Industry D ispute, 1962 1----L ockheed A ircra ft Corp. v. International A sso cia tio n of M achinists (AFL—CIO)— Continued Septem ber 11, 1962__ The B oard's fin al report to the P resid en t stated that n egotiation s had been resu m ed under au sp ices of the F ed era l M ediation and C onciliation S ervice; that substan tial p ro g ress had been m ade on som e is su e s; and that the union shop issue rem ained the chief roadblock to settlem en t. O ctober 23 The International ^ ftsociation of M achinists urged the F ed eral G overn m ent to se iz e and operate Lockheed A ircraft Corp. as an alternative to a strik e. O ctober 26 D irector of the F ed era l M ediation and C onciliation S ervice requested the com pany and union rep resen ta tiv es to renew negotiations in W ashington. N ovem ber 28_________ A strik e of approxim ately 21, 000 w ork ers began at operations of Lockheed in C alifornia, F lorid a , and H awaii. P resid en t Kennedy im m ed ia tely invoked the T aft-H artley Act and appointed a B oard of Inquiry to in vestigate the dispute. M em bers: Arthur M. R o ss, p ro fe sso r of in d u strial relation s at the U n iversity of C alifornia, chairm an; F red erick H. B ullen, P ueblo, C olo., and P aul D. Hanlon, P ortland, O reg., both exp erien ced arb itrators. The D irector of the F ed eral M ediation and C onciliation S ervice sent teleg ra m s to the p arties advising them of the appointm ent of the B oard, and requesting that the strik e be term inated im m ed iately. N ovem ber 29_________ Both p a rties com plied with the req u est and the strike w as halted pending the outcom e of the B oard 's study. Work w as resu m ed on the evening shift. N ovem ber 3 0 D ecem ber 3 _ The Board began h earings in L os A n geles. The Board reported to the P resid en t. The report stated no p ro g ress had been m ade toward a solution of the union secu rity issu e sin ce the T aylor B oard's p rop osals, although the sam e issu e had been d isp osed of p eaceably in m ost other a erosp ace com p anies. The report called the tru ce " p recariou s, " sin ce the strik e w as suspended only pending the B oard's study and report to the P resid en t. D ecem ber 10 The P resid en t instru cted the A ttorney G eneral to seek a F ed era l Court injunction to prevent a resum ption of the strik e. A com plaint was filed in the United States D istrict Court in Los A n geles, and F ed era l D istrict Judge J e ss e C urtis issu e d a 10-day restrain in g order against both the com pany and union. Judge C urtis set D ecem ber 10 for a hearing on the G overnm ent's petition for a tem p orary injunction against the strik e. Judge C urtis extended the restra in in g order to a fu ll 80-day injunction. N egotiations w ere resum ed under au sp ices of F ed era l m ed ia to rs, but w ere r e c e sse d in definitely 3 days later. See footnote at end of table. 52 22. A erosp ace Industry D ispute, 1962 1— L ockheed A ircra ft Corp. v. International A sso cia tio n of M achinists (AFLr-CIO)— Continued January 2, 1963---------- L ockheed announced agreem en ts with units of the M ach in ists at Honolulu and at R edlands, C alif. , m arking the fir s t break in the long dispute. January 21____________ Com pany and union rep resen ta tiv es m et w ith N ational Labor R elation s Board o fficia ls to d isc u ss plans for a vote on the com p any's fin al offer in outlying a r ea s. N egotiations rem ained deadlocked on the union shop is su e d esp ite a lm ost continuous n egotiation s sin ce ea rly January. January 27------------------ T h ree-y ea r contract, w hich included econ om ic b en efits but no union shop clause, was worked out with the a ssista n c e of F ed era l m e d ia to r s .4 January 28------------------- The union ratified contract. The aerospace industry dispute developed in the early summer, and involved the International Association of M achinists, the U nited Autom obile Workers, and several major firms in the industry. Despite the efforts of Federal mediators, numerous strike calls were i|sued for July 23. The com panies and unions specified in the Taylor Board's assignment included North Am erican A viation, Inc. , Ryan Aero nautical Co. , and the United A utom obile, Aerospace and Agricultural Im plem ent Workers of A merica; and General Dynamics C orp., Aerojet-G eneral Corp. , Lockheed Aircraft Corp. , and the International Association of Machinists. The Board's reports to the President did not deal with the issues at Aerojet-G eneral Corp. , where a union shop was already in effect, but addressed a letter to this firm September 6, m aking the same recomm endations on the general wage increase issue. 3 A ll of the parties, except the Lockheed Aircraft Corp. , agreed to undertake collective bargaining with respect to all issues. Lockheed m aintained its fixed position on the union shop issue. 4 Contract provided a 5- to 8 -cen t wage increase, retroactive to July 23, 1962, 6 to 8 cents effective July 22, 1963, and 6 to 9 cents effective July 20, 1964; additional 3- to 16-cent adjustment (inequity and classification) affecting substantial numbers of em ployees; total current 7-cen t cost-of-livin g allowance (including 1-cent adjustments effective July 1962, October 1962, and January 1963 under extension of previous agreement) incorporated into base rates and escalation clause continued; 8th paid holiday— day after Thanksgiving beginning 1962; double tim e (was straight tim e) plus holiday pay for holiday work; 3 weeks' vacation after 10 years (was 12) and 4th w eek after 25 years; $30-day hospital (was $23) and $825 maximum surgical benefit (was $500)-—company paid for em ployees and company assumes $2 week of cost of dependent insurance premium retroactive to November 26, 1962, with coverage extended to age 23 for fu ll-tim e students; $75 lump-sum extended layoff benefit for each year's service to 15 (was $50 for each year up to 10); life insurance made available at group rates to em ployees between ages 65 and 68, or until retired; pay for unused sick leave increased to include shift prem ium, cost-of-livin g allow ance, .and odd workweek bonuses. 23. A erosp ace Industry D ispute, 1962—63 1— Boeing Co. v. International A sso cia tio n of M achinists (AFLr-CIO) July 16, 1962 — August 8 N egotiations to rep lace a contract expiring on Septem ber 15, 1962, began in W ichita, K ans. The union proposed a 3-p ercen t w age in c r e a se w ith an esca la to r cla u se, im proved health and w elfa re and p en sion p ro gram s, and a union shop or agency shop cla u se . 2 N ego tiation s subsequently m oved to S eattle, W ash. , w h ere com panyw ide bargaining w as conducted. The com pany, in its co u n terp rop osals w hich the union rejected , offered a 15- to 2 6 -cen t-a n -h o u r wage in cr ea se over a 3 -y ea r period, and in c r e a s e s in in su ran ce and b asic m onthly pen sion b en efits, but rejected the union req u est for a union or agency shop. See footnotes at end of tab le. 23. A erosp ace Industry D ispute, 1962—631— B oeing Co. v. International A sso cia tio n of M achinists (AFL—CIO)— Continued A ugust 25, 1962______ Seattle M achinists voted authorization for a strik e, as their co u n ter parts in V andenberg, C alif., Cape C anaveral, F la ., and W ichita, K an s., had done ea r lie r in the m onth. No strik e date was set, pending vote on the com pany's final offer. A ugust 2 7 _____________ N egotiations rem ained deadlocked on the m ajor is s u e s , and the union notified the F ed eral M ediation and C onciliation S erv ice that a serio u s dispute ex isted . F ed eral M ediator Albin P eterso n m et with m em b ers of the union A ugust 28 bargaining com m ittee and scheduled a m eeting with com pany n eg o tiators for A ugust 29. Septem ber 4 __________ F ed eral m ed iators m et with com pany and union rep resen ta tiv es in S eattle. A review of the is su e s did not indicate any m aterial change in the re sp ectiv e p osition s of the p a r tie s. M ediation efforts continued in sep arate and joint m eetin gs through Septem ber 10. Septem ber 13_________ P resid en t Kennedy appointed a th ree-m a n factfinding board to supple m ent the efforts of the FMCS. Board m em b ers w ere: Saul W allen, B oston, chairm an; L ew is M. G ill, P hiladelphia, and P atrick J. F ish er, Indianapolis, all 'experienced a rb itra to rs. The board was requested to report to the P resid en t by O ctober 15. Both the com pany and the union agreed to continue work under the p resen t contract until N ovem ber 15. Septem ber 17_________ The board m et with the p arties in S ea ttle, W ash. , and for 4 days receiv ed oral and w ritten statem en ts of their resp ectiv e p osition s. Only a lim ited num ber of key is su e s w ere con sid ered in detail— union secu rity , w ages, perform ance an a ly sis sy ste m , m anagem ent rig h ts, subcon tracting, and the com pany's proposal for a m odification of the grievan ce p ro ced u res. The board concluded that the union secu rity issu e was the ch ief im pedim ent to a settlem en t, and decided that it would be d esira b le to obtain ex p ressio n s of opinion from B oeing em p lo y ees. The p arties joined in a req u est that the board be allow ed to defer its report to the P resid en t until N ovem ber 15. Septem ber 24 The board notified the p arties that h earings would be resu m ed in W ashington, D. C. , beginning O ctober 1. O ctober 4 _____________ The board r e c e sse d the hearings in W ashington. The p arties agreed to return to S eattle and m eet with F ed eral m ed iators to resu m e efforts to re so lv e the issu e s not being co n sid ered by the board. O ctober 10 N ovem ber 6 _ _ Both parties subm itted a lis t of the unsettled is su e s to a F ed eral M ediation and C onciliation panel in S ea ttle. T hree m inor is su e s w ere resolved ; sev er a l other issu e s w ere reso lv ed in subsequent m eetin gs betw een O ctober 10 and O ctober 28. __ P resid en t Kennedy announced that the union had. agreed to postpone strik e action until at le a st January 15, 1963, to p erm it a poll on the union shop issu e . The p oll, which would not bind the com pany to grant the union shop nor require the union to relinquish its dem and for one, was scheduled to begin on D ecem ber 4. The board was allow ed to defer its report to the P resid en t until January 5, 1963. See footnote at end of table. 54 23. A ero sp a ce Industry D ispute, 1962—63 1— Boeing Co. v. International A sso cia tio n of M ach in ists (A FL—CIO)— Continued N ovem ber 11, 1962 __ A ll rem aining u n settled issu e s w ere review ed in d irect n egotiation s w ith F ed era l m ed ia to rs. A com pany spokesm an indicated that in view of the forthcom ing poll of em p lo y ees, and until recom m en d ation s on other is su e s before the board w ere known, no further p r o g r e ss could be m ade at that tim e. D ecem ber 11_________ The N ational Labor R elations B oard announced that in the nonbinding poll B oeing em p lo yees favored a union shop by n ea rly 3 to 1. D ecem ber 17_ The board m et with the p arties in San F r a n c isc o . M eetings continued through D ecem b er 20. D ecem b er 2 8 _____ The board reconvened m eetin g s with the p a rties in W ashington, D. C. D esp ite the board's p roposal for solving the union shop is s u e , n eg o tiation s rem ain ed deadlocked. The board term in a ted m ediation efforts and began w orking on its rep ort to the P resid en t. The board rep orted to the P resid en t that its efforts to head off a January 15 strik e had co lla p sed b ecau se of m an agem en t's r e sista n c e to the union dem and for a union shop. The board recom m en ded that the com pany reco n sid er its p osition on the union secu r ity is s u e , and that the p a rties n egotiate an additional p ro vision for union secu rity over and above the p resen t m aintenance of m em b ersh ip c la u se . The board a lso recom m en ded that the wage is su e be settled in conform ance with the com pany's offer. January 2, 1963 January 10 The p arties m et in W ashington, D. C. , with a panel of F ed era l m e d i a to rs. The com pany p resen ted the panel w ith a new se t of p ro p osals w hich d iffered in se v e r a l im portant re sp e cts from those p resen ted in A ugust 1962. In tensive m ediation efforts continued through January 18. January 15____________ W illiam E. Sim kin, D irecto r of the FM CS, announced that co n sid era b le p ro g re ss had been m ade in recen t n egotiation s and that the union had agreed to his req u est to postpone any strik e action , at le a st until m idnight January 18. January 19 The FMCS D irector announced that the union had further postponed a strik e pending r e su lts of balloting on the com pany's la test o ffer. January 22 The com pany re v ise d its final offer to the union, am ending a portion of its proposal on the key "perform ance a n a lysis" is s u e , and reducing sen io rity req u irem en ts for purposes of r e c a ll from layoff, but r e jectin g the union's proposal to arb itrate the u n resolved is s u e s . January 23 The union rejected the com pany offer and ord ered a strik e to begin January 26. P resid en t K ennedy, stating that a w ork stoppage at the a e ro sp a ce firm would be a serio u s threat to the N ation's d efen se effort, im m e d iately invoked the T aft-H artley A ct and appointed a th ree-m a n B oard of Inquiry to in v estig a te the dispute. B oard m em b ers w ere: B enjam in A aron, D irector of the Institute of Industrial R elations at the U n i v e r sity of C alifornia, chairm an; Lloyd U lm an, P r o fe sso r of E c o n om ics and Industrial R elation s at the U n iv ersity of C aliforn ia, and J. B. G illingham , chairm an of the D epartm ent of E con om ics at the U n iv ersity of W ashington. S ee footnote at end of table. 55 23. A erosp ace Industry D ispute, 1962—631— B oeing Co. v. International A sso cia tio n of M achinists (AFL-CIO)— Continued January 25, 1963 ____ The Board of Inquiry reported to the P resid en t. The report su m m arized the background and p resen t status of the dispute, and con cluded that a strik e appeared to be im m inent. P resid en t Kennedy ordered the Ju stice D epartm ent to seek an injunc tion on the grounds that the national safety would be endangered by a strik e. U .S . D istrict Judge W illiam J. L indberg, S ea ttle, W ash ., granted a tem porary injunction and ordered both sid es to appear b e fore him on F ebruary 1 to show ca u se why it should not be m ade perm anent for the 80-day .period p rescrib ed by the Labor M anagem ent R elations (T aft-H artley) A ct. February 1 ___________ Judge Lindberg extended the injunction to 80 days, thus prohibiting any strik e until A pril 15. F ebru ary 7 ___________ U .S . A ttorney B rock A dam s joined attorneys for the union in asking Judge Lindberg to add language to the 80-day injunction to sp ecify that all p ro vision s of the la st union contract rem ain in force during the term of the injunction. T his would perpetuate the con tract's m ain tenance of m em b ersh ip cla u se. F eb ru ary 8 Judge Lindberg denied the req u est. F eb ru ary 9 ___________ Union attorn eys m ailed an em ergen cy appeal to the U .S . Court of A ppeals in San F ra n cisco . F eb ru ary 15 The U .S . Court of A ppeals agreed to hear argum ents that B oeing was p ressu rin g m ach in ists to resig n from their union. Subsequently, the court upheld the union’s position and the m aintenance of m em bership cla u se was retained in the expired contract for the period of the injunction. The com pany sent a teleg ra m to P resid en t Kennedy requesting that he seek co n g ressio n a l action sim ila r to that taken in the recen t lon g sh ore c a se , so that "this dispute can be settled ." F ebru ary 19__________ N egotiations resum ed. M arch 2 4 ______________ The Board of Inquiry reconvened in Seattle and took w ritten and oral rep orts of the p osition s of all p arties to the dispute. M arch 2 6 ______________ The Board of Inquiry m ade its final report to the P resid en t, indicating that- the p arties rem ained deadlocked on the m ajor is s u e s , despite m ediation efforts in 11 s e ssio n s in Seattle and W ashington, D. C. , b e tw een F ebruary 19 and M arch 22. A p ril 8 The N ational Labor R elations Board announced that u nofficial returns of balloting on the com pany's final offer indicated that the union had rejected the offer. A p ril 15______________ The com pany and union announced a tentative agreem en t on term s of a new contract just hours before the expiration of the T aft-H artley injunction, thus averting a strik e set for m idnight. The union urged its m em b ersh ip to accep t the p roposal, which included wage and fringe benefit in c r e a se s totaling from 22- to 32 - cents - an-hour over 3 y ea rs, plus a c o st-o f-liv in g cla u se , im proved job evaluation perform ance a n a ly sis, and a m odified union secu rity cla u se which allow s new ly hired w orkers to decide again st union m em b ersh ip , but stip u lates that See footnote at end of table. 56 23. A erosp ace Industry D isp u te, 1962—631— B oeing Co. v. International A sso cia tio n of M ach in ists (AFD—CIO)— Continued A p ril 15, 1963— C on tin u ed ___________ both the union and the com pany m ust be n otified of th is d ec isio n in w riting during the em p lo yee's "period of ele c tio n ," defined as the 10-day period follow ing the em p lo yee's in itia l 30 days of em ploym en t. Individuals who fail to provide such n otice are req u ired to join the union w ithin 20 days after the expiration of th eir period of ele ctio n . A p ril 17 In S ea ttle, the union voted to accep t the con tract. H ow ever, m a ch in ists at Cape C anaveral, F la. , rejected it, and in W ichita, K ans. , a union m eeting adjourned without a vote being taken. 3 A p ril 18 S ecreta ry of Labor W. W illard W irtz, and W illiam E. Sim kin, D i recto r of FM CS, urged the w ork ers in Cape C anaveral to re co n sid er th eir vote. The W ichita union voted to re je ct the contract. Union o fficia ls m et with com pany n eg otiators in S ea ttle. The union announced a tim etab le for p r o g r e ssiv e w alkouts at B oeing A p ril 29 operations a c r o ss the N ation. M ay 1 _________________ A fter the com pany m ade som e new p ro p o sa ls, P resid en t K ennedy w ired the union stating that any interruption of op eration s at B oeing fa c ilitie s would have a serio u s im pact on the d efen se p ostu re of the N ation. He urged the uiv.on to w ithhold strik e action and to subm it the new p rop osals to the union m em b ersh ip for a vote. A. J. H ayes, International P resid en t of LAM, n otified the affected lo c a ls that a ll strik e sanctions w ere being tem p o ra rily w ithdraw n pending re su lts of this vote. M ay 10_____________ LAM m em b ers ratified the con tract, 4 ending 10 m onths of n eg otiation s. A p ril 19 A p ril 22 1 Although this dispute began during the summer of 1962, the national em ergency provisions of the Taft-Hartley Act were not in voked until January 1963. The Executive Order creating the Board of Inquiry directed this body to investigate the dispute at the Boeing Company and its Vertol Divisions, as w ell as a dispute at the Rohr Corporation in Auburn, Wash. , the latter a supplier of aircraft and m issile components for the Boeing Company's com m ercial and military aircraft. Unions involved in the disputes included, in addition to the International A ssociation of Machinists (AFL—CIO), the United Automobile Workers (AFL—CIO), the International Union o f United Weldors (Ind. ), the International Union of Operating Engineers (AFL—CIO) and the United Plant Guard Workers of Am erica (Ind. ). ^ Agency shop clauses were proposed for areas where the union shop is prohibited; contracts with this company had not included union-shop clauses since 1948. 3 Following rejection o f the contract, brief w ildcat strikes occurred at several locations from m id-April .to early May. 4 The 3-year contract provided for wage increases of 11 to 14 cents retroactive to September 16, 1962, 5“ 1 /2 to 9 cents addi tional effective both September 16, 1963, and September 16, 1964, and the equivalent of 4 cents an hour per em ployee for revisions in wage rates; a cost-of-livin g escalator clause was established with maximum adjustments up to 3 cents each year; $2. 25 a month pension payments for each year of future service (was $1. 75)— minimum $50 a month; relocation policies to be made uniform and written into agreem ent, effective June 1, 1963; company assumed rate increase in com pany-paid hospital-m edical-surgical insurance for em ployees (previously paid $8. 65-$10. 50 a month, varying by location). The union security proposal m entioned under date of April 15 was also incorporated into the contract. 57 24. L ongshoring D ispute on the A tlantic and Gulf C o asts, 1964—65— International L ongshorem en's A sso cia tio n (AFL- CIO) v. shipping and stevedoring com panies June 16, 1964 R ep resen tatives of the International L on gsh orem en 's A sso cia tio n 's (ILA) A tlantic C oast D istrict and its South A tlantic and Gulf C oast D istrict m et in New York City to draft contract p ro p osals for sub m issio n to the New York Shipping A sso cia tio n (NYSA). 1 June 25 R ep resen tatives of the NYSA m et b riefly with ILA n egotiators to accep t the union's contract p ro p osals p resen ted by ILA P resid en t Thom as W. G leason, w hich ca lled for a 3 -y ea r agreem en t providing, am ong other things, a w age in cr ea se of 35 cents over the term of the contract; an 8 -hour daily guarantee; an in cr ea se in pen sion s; an additional holiday each y ear, raising the num ber to 12; and retention of the 20-m an work gang. Jam es J. R eynolds, A ssista n t S ecretary of L abor, p resen ted cop ies of the U. S. D epartm ent of L abor's report on m anpow er u tilization and job secu rity in the P ort of New York to 22 union and m an age m ent rep resen ta tiv es. This report, 1 of 10 prepared by the D e partm ent on A tlantic and Gulf C oast p o rts, w as authorized by the January 1963 "M em orandum of Settlem ent" which brought the 1962—63 longshore strik e to a c lo se . 2 C ontract negotiations began in New York. A lexander Chopin, C hair m an of the New York Shipping A sso cia tio n , sought to begin the se ssio n with a d iscu ssio n of the Labor D epartm ent's findings, a cou rse of action rejected by Thom as G leason, who in sisted on fir s t receivin g the em p lo yer's cou n terp rop osals. M anagem ent rep resen tatives agreed to p resen t th eir p ro p osals at the next m eetin g. The cou n terp rop osals p resen ted by the NYSA called for a 5 -y ea r agreem en t with a w a ge-reo p en er cla u se after the third y ea r, and p r o vided, am ong other th in gs, for the elim ination of royalty paym ents on con tain erized cargo. C ounterdem ands to the union's request for w age in c r e a se s w ere d eferred until d iscu ssio n s had been held on m an pow er u tilization . A m anagem ent p rop osal that a joint com m ittee be esta b lish ed to d iscu ss the latter was accepted by the union. This joint com m ittee was scheduled to hold daily m eetin gs during the week of July 20, and was to report its findings to the full negotiating co m m ittee on July 27. July 1 July 7. July 14 July 29 July 30 F ed era l M ediators Robert H. M oore, J. Andrew B urke, and H erbert Sch m ertz received a p ro g re ss report in sep arate m eetin g s with each of the p a rties. The p a r tie s, in accord an ce with the January 1963 M em orandum of S ettlem en t, selec te d a neutral board to a s s is t them in the resolu tion of th eir d ifferen ces. At th eir req u est, S ecretary of Labor W. W illard W irtz appointed to this board the m en who had p articip ated in the settlem en t of the 1962—63 longshore strik e: Senator Wayne M orse, chairm an; T heodore W. K heel, New York City attorney and arbitrator; and P rof. Jam es A. H ealy of the H arvard School of B u sin ess A d m in is tration. Due to the p r e ssu re of his sen a to ria l com m itm en ts, Senator M orse was unable to se r v e , and, at the p a r tie s' request, A ssista n t Labor S ecretary R eynolds served as chairm an in his p la ce. David Stow e, d irecto r of the Labor D epartm ent study, was assig n ed as ad v iso r to the board. Contract talks opened in New O rlean s. See footnotes at end of table. 58 24. L ongshoring D ispute on the A tlantic and G ulf C o a sts, 1964-65— International L on gsh orem en 's A sso cia tio n (A FL—CIO) v. shipping and steved orin g com p anies— Continued A ugust 11, 1964 The neu tral board held sep arate m eetin g s w ith ILA and NYSA r e p r e sen ta tiv es. The board subsequen tly m et reg u la rly w ith the p a r tie s, both sep a ra tely and join tly, through S ep tem ber 30. A ugust 18 _____________ During a 5-hour m eetin g with the neu tral board, the union ex p r e sse d a w illin g n ess to co n sid er a reduction in gang s iz e in return for a guaranteed annual w age. ___ N egotiators for the South A tlantic ports opened 7 days of con tract talks in M iam i. Sep tem ber 3 __________ The neu tral board ask ed the ILA negotiating co m m ittee to subm it its p roposal for changes in the op eration of the hirin g ce n ters in the P ort of New York. W hile the union h ailed th is req u est as a p o ssib le break in the sta lem a te, the s iz e of the w ork gang rem ained the key u n resolved issu e . The board sched uled a Septem ber 8 m eetin g with the W aterfront C o m m issio n 3 to d isc u ss the hirin g cen ter is su e . A ugust 29 — — Sep tem ber 1 6 _________ C ontract n egotiation s began in G alveston for the W est Gulf p orts. Sep tem ber 1 8 _________ Union and m anagem ent re p resen ta tiv es for the South A tlantic ports resu m ed n eg otiation s. M eetings w ere held daily through Sep tem ber 30. Sep tem ber 2 1 _________ The NYSA offered to subm it all u n resolved is s u e s to final and bind ing arb itration . Septem ber 2 3 _________ Union m em b ers in N orth A tlantic ports voted to re je ct the N Y SA's arb itration proposal. S ep tem ber 2 5 _________ The neutral board, in accord an ce w ith its m andate, subm itted to the p a rties the recom m en dations it had p rep ared for resolu tio n of the rem aining is su e s in the P o rt of New York. At the p a rties' req u est, the recom m en dations w ere not confined to the job secu r ity — m an pow er u tilization p ro b lem s, but co v ered a ll a sp ec ts of the d isp u te. Am ong the recom m en dations w ere a phased reduction in gang s iz e in return for a guaranteed annual w age, g rea ter flex ib ility in the a s signm ent of m en, and the ea rly cu rta ilm en t of new entrants into the lon gsh ore labor fo rc e. S ep tem ber 2 6-29 ____ The n eu tral board continued its in ten siv e efforts to help the p a rties ach ieve a settlem en t on the b a sis of its recom m en d ation s. S ep tem ber 2 9 _________ N egotiators in N ew O rleans reported that they had reached " a g ree m ent in principle" on a ll noneconom ic is s u e s . S ep tem ber 30 _ ______ N egotiations broke off during the afternoon follow ing Thom as W. G leaso n 's announcem ent that the union's "no contract— no work" p olicy would go into effect at m idnight when the old a greem en t expired . P resid en t Johnson invoked the "national em ergen cy" p ro v isio n s of the T aft-H a rtley A ct and appointed the follow ing th ree-m a n B oard of In quiry to in v estig a te the d isp u te:4 H erbert S ch m ertz, W ashington a t torney and a rb itrator, chairm an; Jam es J. H ealy; and T heodore W. K heel. The la tter two m en had serv ed on the neu tral board se le c te d in late July. See footnotes at end of table. 59 24. L ongshoring D ispute on the A tlantic and Gulf C o a sts, 1964—65— International L ongshorem en's A sso cia tio n (AFLr*CIO) v. shipping and steved orin g com p anies— Continued O ctober 1, 1 9 6 4 -------- L ongshorem en in ports from M aine to T exas stopped w ork. The Board of Inquiry's rep ort, su m m arizin g the background and p resen t status of the d isp u te, was subm itted to the P resid en t. The Board concluded: "The rigidity of p o sitio n s on m any of the m ain is s u e s , plus the com p lexity of item s concerned w ith the related c r a fts, m akes the p o ssib ility of an ea rly settlem en t m o st rem ote. " P resid en t Johnson d irected the J u stice D epartm ent to seek an injunc tion on the grounds that a continuation of the strik e would im p eril the national health and safety. U. S. D istr ic t Judge F red erick van P e lt B ryan signed a 10-day restra in in g ord er at 8 p. m . and ordered both sid es to appear b efore him on O ctober 8 to show ca u se why the injunction should not be extended for the 8 0 -day period p rescrib ed by the T aft-H artley A ct. ILA o fficia ls com plied w ith the court order and notified th eir m em b ers to return to w ork. O ctober 8 ------------------ A d ecisio n on the G overnm ent's petition for an injunction w as d eferred after the ILA questioned its leg a lity . Judge Irving Ben C ooper, who heard the argu m en ts, asked union and m anagem ent attorneys to file additional papers by 2:30 p .m . , O ctober 9. O ctober 1 0 ----------------- Judge Cooper extended the injunction to 80 d a y s, thus prohibiting a resum ption of the strik e until D ecem b er 20. O ctober 21—31------------ C ontract talks in N ew York resu m ed on O ctober 21, centering in i tia lly on the dem ands of the ca rp en ter s, coop ers and m aintenance m en. At the p a rties' req u est, this m eetin g and those held subsequently w ere conducted by A ssista n t Labor S ecreta ry R eynolds, a s s iste d by David Stow e. N ovem ber 1 --------------- A ssista n t Labor S ecreta ry R eynolds reported that the negotiations r e m ained stalem ated over the sam e m anpow er u tilization is su e s w hich had sparked the strik e. A m anagem ent dem and for g reater fle x i bility in assign in g work to cargo ch eck ers w as one of the m ain points at issu e . N ovem ber 5 --------------- The S ecreta ry of L abor, concerned by the deadlocked n egotiation s, ca lled union and em ployer negotiating team s to W ashington for se p a rate m eetin g s on N ovem ber 6. N ovem ber 9—2 5 ---------- F requent m eetin g s, both joint and sep a r a te, w ere held under the d i rection of A ssista n t Labor S ecreta ry R eynolds and David Stow e. N ovem ber 2 0 ------------- The ILA petitioned the NLRB to allow its s ix cra fts to vote sep a rately on the em p loyers' "final" o ffer. Ivan C. M cL eod, NLRB r e gional d irecto r, denied this req u est on N ovem ber 25. Voting was scheduled for D ecem b er 10—15. N ovem ber 2 4 ------------ A ssista n t Labor S ecreta ry R eynolds su ggested that the p a rties accep t a 1 -yea r contract on w ages and frin ge b en efits w hile they continued to negotiate the u n resolved m anpow er is s u e s . This approach was acceptable to the union, but w as rejected by m anagem ent. Labor and m anagem ent re p resen ta tiv es in N ew O rleans m et for their fir st talks sin ce Septem ber 30. 60 24. L ongshoring D ispute on the A tlantic and Gulf C o a sts, 1964—65— International L on gsh orem en 's A sso cia tio n (AFL—CIO) v. shipping and steved orin g com p an ies— Continued N ovem ber 28, 1964— The B oard of Inquiry heard the em p lo y ers' "final" offer at a 2-hour m eetin g with union and m anagem ent o ffic ia ls. N ovem ber 3 0 ------------- The B oard of Inquiry, in its second report to the P r e sid e n t, stated that contract term s for three craft groups had been agreed upon, but that, an im p a sse had been reached in d isc u ssio n s on .the w ork a s s ig n m ents of c le r k s, c h e ck e rs, and term in a l labor. The Board rep orted that the p a rties had affirm ed th eir " w illin gn ess to engage in n eg o tia tions as ex ten siv ely as n e c e ssa r y to u se any and all opportunities to ach ieve a settlem en t p rio r to the expiration of the injunction. " D ecem b er 6 N egotiations for the South A tlantic ports w ere resu m ed in M iam i; talk s continued through D ecem b er 12. D ecem b er 9 The ILA entered into a m em orandum of understanding w ith o ffic ia ls of the B rooklyn A rm y T erm in a l, stating that m ilita ry cargo would be Tiandled should the union strik e at the exp iration of the injunction. Although the union has trad ition ally follow ed a p o licy of handling m ilita ry c a r g o e s, it rep orted ly had n ever b efore bound its e lf to do so by a w ritten agreem en t.. D ecem b er 1 6 - E m ployer and union re p resen ta tiv es announced that tentative a g r e e m ent had been reached on a 4 -y ea r con tract for the P o rt of New York. Included in the a g reem en t, w hich provided an 8 0 -cen t w a g e-frin g e package, w ere p ro v isio n s for a phased reduction in gang s iz e and a guaranteed annual w age. Voting on ra tifica tion of the agreem en t w as sched uled for January 8, 1965. ILA o ffic ia ls in a ll but the W est Gulf ports agreed to extend co n tract talks through January 10; in the W est G ulf, talks w ere co n tinued on a d a y -to -d a y b a sis only. D ecem b er 2 0 ------------- The 80-day injunction expired at 8 p .m . D ecem b er 2 1 ------------- L ongshorem en at m ore than half of the p ier s in the P ort of New York w alked off th eir jo b s, prom pting union o fficia ls to undertake a c a m paign to ad v ise the m em b ersh ip of the m er its of the new agreem en t. During the w eek w hich follow ed , b rief sp orad ic w alkouts a lso occu rred at the ports of B a ltim o re, B oston , G alveston, and H ouston. D ecem b er 2 2 ------------- N egotiations for the W est Gulf ports w ere resu m ed under the d ir e c tion of A ssista n t Labor S ecreta ry R eynolds. M ediative a ssista n c e w as subsequ en tly provided by David Stowe and A ssista n t Labor S e c r e tary R eynolds in talks held in G alveston during D ecem b er 23—24, D ecem b er 28—31, and January 5—10. Am ong the h ost of u n resolved issu e s w ere the estab lish m en t of a m inim um gang s iz e , the m onetary s iz e of the a greem en t, and the retro a ctiv ity of the agreem en t. January 8, 1965 L ongshorem en in the P ort of New York voted down the agreem en t reached on D ecem b er 16. Thom as W. G leason , ILA p resid en t, ord ered a strik e to begin at 12:01 a .m . on January 11. January 10 — Steam ship op erators appealed to P resid en t Johnson through A ssista n t Labor S ecreta ry R eynolds to seek leg isla tio n forcin g the ILA to c o m p u lsory arbitration. 61 24. L ongshoring D ispute on the A tlantic and Gulf C o a sts, 1964—65— International L ongshorem en's A sso cia tio n (A FL“*CIO) v. shipping and stevedoring com p anies— Continued J anuary 11 , 1965 L ongshorem en from M aine to T exas resum ed the strik e. 5 Union o f fic ia ls in New York began a cam paign to explain the advantages of the rejected agreem en t to the m em b ersh ip . January 1 2 ----------------- The N ational M aritim e Union and the S ea fa rers' International Union notified steam sh ip com panies that they would honor the lo n g sh o re m en ’s picket lin e s. January 1 3 ----------------- ILA P resid en t G leason called upon union lea d ers at ports from B oston to G alveston to resu m e negotiations on local is su e s. January 14 Contract negotiations resum ed in B altim ore. January 15 In G alveston, David Stowe provided m ed ia tiv e a ssista n c e in daily n eg o tiations through January 20, and from January 22—31. January 21 L ongshorem en in the P ort of New York approved by m ore than a 2 to 1 m argin, the 4 -y ea r agreem en t they had p reviou sly re je cted ,6 but continued the strik e pending settlem en ts in other p orts. January 22 January 24 The ILA lifted its em bargo on U .S .-fla g p assen ger v e s s e ls and on p erish ab le ca rgoes in the P ort of New York. L ongshorem en in B oston voted to accept the term s of the m aster con tract; negotiations continued over lo ca l is s u e s . January 27 B altim ore longshorem en rejected a new contract. January 2 8 ----------------- The N ew York Shipping A sso cia tio n , in a teleg ram m ade public, ap pealed to the P resid en t to take action "to term inate this s e n s e le s s , su icid al and unjustified strik e and reopen our p o rts, pending con g r essio n a l action tow ards com p ulsory arbitration. " A settlem en t was reported at M obile, A labam a. In New O rlean s, w here A ssista n t Labor S ecretary R eynolds had January 29 aided in negotiations sin ce January 16, longshorem en ratified a 4 -y ea r agreem ent. January 31 A ssista n t Labor S ecretary R eynolds, who had been in G alveston sin ce January 29, announced that bargaining talks for the W est Gulf ports had collap sed . F ebru ary 1 ---------------- B altim ore longshorem en voted to accept a revised v ersio n of the agreem en t they had rejected e a r lie r . P resid en t Johnson, through Labor S ecreta ry W irtz, urged longshore lea d ers to ea se the im pact of the strik e by sending m en back to work at ports w here agreem en ts had been reached. Union action on the P resid en t's appeal was d eferred pending the outcom e of negotiations in P hiladelp hia. A ssista n t Labor S ecreta ry R eynolds arrived in the latter port w here he provided m ed iative a ssista n c e through F ebruary 8, when agreem en t on the longshore contract was reached. The ILA rescin d ed its exem ption on p e r ish a b les, stating that it ap plied only to ships in the harbor at the tim e it was ordered. N ego tiations for the South A tlantic ports resum ed in M iam i. David Stowe was in attendance at th ese talks which continued through F ebru ary 6. See footnotes at end of table. 24. L ongshoring D ispute on the A tlantic and Gulf C o asts, 1964—65— International L ongshorem en s A sso cia tio n (AFL—CIO) v. shipping and steved orin g com p anies— Continued The C om m erce and Industry A sso cia tio n appealed to the P resid en t to invoke the T aft-H artley Act again. Ralph C. G r o ss, ex ecu tive v ic e p resid en t of the A sso cia tio n , rejected the argum ent that the a c t's p r o ced u res had been exhausted, stating that en tirely new is su e s w ere now at stake. F ebruary 4 ___________ In M obile, A la. , C ircuit Court Judge W ill G. Caffey ruled that the lo ca l union was leg a lly obligated to ca rry out the con tract it had signed with the M obile Steam ship A sso cia tio n , and ord ered the lon gsh orem en to return to th eir job s. On F ebru ary 8, follow ing the lon g sh o rem en 's failu re to return to w ork, Judge C affey fined the lo c a l $ 5 ,0 0 0 , and stated the penalty would be in crea sed by an additional $ 1,0 0 0 for each day the walkout continued. On F ebru ary 11, som e lon gsh orem en began reporting for work. F ebruary 2, 1965 ILA lo ca l 1814 in B rooklyn voted to return to work as soon as a g r e e m ent w as reached in the P ort of P hiladelphia. F ebruary 5 ----------------- The NYSA once again urged the P resid en t to act in ord er to get trade m oving in th ose p orts w here agreem en ts had been reached. F ebru ary 9 ----------------- The NYSA charged the ILA with violation of the N ational Labor R e lations A ct by th eir refu sal to fu lfill the contract ratified in January; sim ila r ch arges w ere filed in New O rleans by the New O rleans S tea m ship A sso cia tio n . A ssista n t Labor S ecretary R eynolds arrived in G alveston w h ere n e gotiations w ere resum ed the follow ing day. F ebru ary 10---------------- P resid en t Johnson announced the appointm ent of a th ree-m a n panel to m ee t in W ashington with com pany and union R epresen tatives from South A tlantic and W est Gulf p o r ts, and m ake recom m en dations for a fair and equitable settlem en t of the is su e s in dispute. P an el m e m b ers w ere: W. W illard W irtz, S ecreta ry of L abor, chairm an; John T. Connor, S ecreta ry of C om m erce; and Senator Wayne M orse of O regon. The panel was to report to the P resid en t w hether its recom m en d a tions had been accepted by 1 2 m . (noon) on F eb ru ary 12. In announceing the p a n e l’s appointm ent, the P resid en t stated: "The injury to the econom y resulting from this shutdown has reached staggerin g p r o p ortio n s. Continuation of this strik e is totally u n justified in the North A tlantic and E ast Gulf p orts w here agreem en t has alread y been r e a c h e d ." F eb rua ry 11 The panel heard reports from the p a rties on the u n resolved is s u e s in the South A tlantic and W est Gulf p o rts. The esta b lish m en t of a m in i m um gang s iz e was a key issu e in both a r ea s. A 5-day restra in in g ord er, requested by the N LR B, was signed in New York by F ed era l D istrict Judge Sidney Sugarm an. A hearing on the exten sion of this order was sched uled for F eb ru ary 16. R e strain in g o rd ers w ere also issu e d by F ed era l Judges in B a ltim ore and New Orleans'. F ed era l M ediator John R. M urray announced that ten tative s e t tle m ents had been reached with a ll lo ca ls involved in the strik e in the P ort of P hiladelphia. 63 24. L ongshoring D ispute on the A tlantic and Gulf C o a sts, 1964-r-65— International L ongshorem en's A sso cia tio n (AFL—CIO) v. shipping and steved orin g com p anies— Continued F ebru ary 12, 1965 ___ The panel p resen ted its findings and recom m endations for settlem en t in the South A tlantic and W est Gulf p orts. E m ployer rep resen ta tiv es from both a rea s accep ted the panel's recom m endations; h ow ever, they w ere turned down by union lea d ers. F ollow ing the rejection of the p an el's p ro p osals, m ediation s e s sio n s by S ecretary of Labor W irtz con tinued until about 5 p. m . ILA P resid en t G leason announced at the con clu sion of the panel's h earin gs that lon gshorem en would be ordered to return to w ork at 8 a. m. the follow ing day in those ports w here agreem en ts had been reached. He stated , h ow ever, that the ILA would not work any d i verted ships or ca rgoes in th ese p orts. F ebru ary 13 __________ W ork resum ed in the " con tract-settled " p orts. F ebru ary 16 F ebru ary 17 F ebru ary 18 F ebru ary 27 N egotiations under the d irection of A ssista n t Labor S ecretary Reynolds w ere resu m ed in G alveston and continued through M arch 6. F ed eral M ediator E. S. Jackson conducted a bargaining se ssio n Hampton R oads, Va. , the fir st sin ce an im p a sse had been reached F ebruary 9 over the term inology of two sectio n s of the contract. N egotiations under the direction of David Stowe w ere resu m ed M iam i. Stowe participated in th ese talks through F ebru ary 22, w ell as from F ebru ary 25 to M arch 3, and on M arch 5. in on in as L ongshorem en in N orfolk and Hampton R oads, Va. , approved their agreem en t and returned to work on the follow ing day. N egotiators in G alveston reached agreem en t on a 4 -y ea r contract for longshorem en in W est Gulf ports which included a m inim um gang cla u se. A vote on this agreem en t was deferred pending a s e ttle m ent in the South A tlantic p orts. N egotiation s on an agreem en t for clerk and ch eck ers continued in G alveston. M arch 5 ______________ F ed eral M ediator W illiam A. M cA lister announced in M iam i that an agreem en t for the South A tlantic ports had been reached, and that a vote was scheduled for 8 a. m . the follow ing day. This agreem en t a lso contained a m inim um g a n g -size cla u se. A greem ent was reached in G alveston on a new contract for clerk s and ch eck ers. M arch 6 ______________ L ongshorem en in m ost South A tlantic and W est Gulf ports voted on their agreem en ts and began returning to work. M arch 8 A fter working over the w eekend, lon gsh orem en in M iam i and P ort E v erg la d es, F la ., refu sed to accep t the new contract and walked off their jobs. M arch 12 L ongshorem en in P ort E verglad es voted to return to work. W ork was resum ed in M iam i, follow ing ratification of the p reviou sly rejected agreem en t. M arch 13 See footnotes on next page. 64 F ootn otes 1 The New York Shipping Association is authorized to bargain for employer associations in the North A tlantic area with respect to wages, hours, employer contributions to the welfare and pension funds, and the term of the agreem ent. Settlem ents on these issues, generally referred to as the Master Contract, are then incorporated into local agreements in these ports. N egotiations on working conditions and other matters are conducted on the local level. In the South Atlantic and Gulf Coast ports, there are several employer associations and groupings, with separate negotiations being conducted in M iam i, M obile, New Orleans, and Galveston. Negotiations in these ports are influenced by the New York settle m ent, but there is a general tendency to follow the New Orleans agreement on econom ic issue's. 2 Reports were subsequently issued for the following ports: Baltimore, Boston, Charleston, Galveston, Houston, Jacksonville, M obile, New Orleans, and Philadelphia. 3 The hiring of longshoremen in the Port o f New York is supervised by the Waterfront Commission of New York Harbor, a bistate regulatory agency created in 1953. 4 This marked the 24th tim e since 1947 that such action was deem ed necessary, and the 6th tim e that A tlantic Coast longshore m en were involved in a "national emergency" dispute. ® This marked the 5th tim e that a longshore strike had occurred or been resumed after an 8 0 -day " co o lin g -o ff period. 6 The agreem ent provided for a 1 0 -cent-an-hour w age increase, retroactive to October 1, and additional increases o f 10 cents on October 1, 1965, and 8 cents on October 1, 1966, and 1967. Three .additional paid holidays, bringing the total to 12, and a 4th w eek of vacation for most workers with 12 years of service were provided. The present 20-m an general cargo gang is to be reduced to 18 m en on April 1,1966, and to 17 m en on October 1, 1967. Effective April 1, 1966, all em ployees with 700 hours’ em ploym ent in the previous year are to be guaranteed 1 ,6 0 0 hours of work or pay annually if they make them selves available for work. Employer payments to the pension fund are to be increased to 47 cents per man-hour, from 23 cents, on October 1, 1965. Pension benefits were increased and a monthly benefit was established for widows of men with 25 years o f service who die before retirem ent. 65 25. Aircraft—Aerospace Industry Dispute, 1966—General Electric C o., Evendale, Ohio v. United Automobile, .Aerospace and Agricultural Implement Workers International Union, and the International Association of Machinists (AFL—CIO) O ctober 17 ---------------- O ctober 1 8 ---------------- A pproxim ately 6,100 em ployees (m em bers of IAM and UAW locals) stru c k G E’s E vendale, Ohio, plant in a dispute over new co n tract te rm s . 1 F e d e ra l M ediator A lton Haym an m et with GE and IAM officials in an effort to se ttle the dispu te, and scheduled a m eeting with UAW officials for O ctober 18. A cting on a recom m endation from D efense S e c re ta ry R obert S. M cN am ara, L abor S e c re ta ry W. W illard W irtz, and A cting A ttorney G en eral R am sey C lark , P re sid e n t Johnson invoked the "national em ergency" p ro v isio n s of the T aft-H artley A ct, and appointed the following th re e -m a n B oard of Inquiry to in vestigate the dispute: 2 David L. Cole, fo rm e r D ire c to r of the F e d e ra l M ediation and Con ciliation S e rv ice, chairm an; John T. Dunlop, C hairm an of the D e p a rtm e n t of E conom ics at H arvard; and Jacob S eidenberg, a rb itra to r and lab or consultant from F alls C hurch, Va. The B oard conducted m eetings in C incinnati, Ohio, w ith re p re s e n t atives of the com pany and the unions, and rep o rted to the P re sid e n t. The re p o rt stated th at two se p a ra te disputes led to the strik e at the E vendale plant. R ep resen tativ es for Lodge 12 of the IAM listed 19 un reso lved is su e s, but the com pany’s position was that 8 of the issu e s had been settled in national n eg o tiatio n s, leaving only 11 socalled local issu e s open. Although its co n tract did not exp ire until Jan u ary 1967, Lodge 34 of the IAM, rep resen tin g 25 em ployees at the E vendale plant, also stru c k over d ifferen ces relating to u n satisfacto ry dispo sitio n of c e r tain g riev an ces. R ep resen tativ es of L ocal 647 of the UAW listed 11 un reso lved issu es and the com pany agreed that the issu e s had been d iscu ssed but w ere s till in dispute. The B oard rep o rted that th ere had been no m eaningful negotiations betw een the p a rtie s , and concluded that because of the com plexity of the is s u e s , and the in tran sien t position of the p a rtie s , th ere was no likelihood of an early settlem en t. The P re sid e n t d irected the A cting A ttorney G en eral to petition the a p p ro p riate d is tric t court for an injunction against the strik e . The d ire c tiv e was accom panied by an affidavit from the S e c re ta ry of D efense stating that the stoppage "affects a su b stan tial p a rt of the m ilita ry je t engine in du stry " and that "this stoppage w ill re su lt in an un acceptable and irre trie v a b le loss of tim e in the supply of je t engines and sp are p a rts. . . . which a re e sse n tia l to the national d e fense of the United S ta te s, including p a rtic u la rly , com bat op eratio ns in S outheast A sia ." Judge C arl W einm an, U .S. D istric t C ourt for Southern Ohio, issu ed an 80-day injunction o rd erin g the strik in g em ployees back to w ork at the Evendale plant, and prohibiting them from resum ing the strik e until early Jan u ary 1967. The s trik e rs began returning to w ork in a "n o rm al reg u lar flow" on the m idnight shift. See footnotes at end of table. 66 25. Aircraft—Aerospace Industry Dispute, 1966—General Electric Co., Evendale, Ohio v. United Automobile, Aerospace and Agricultural Implement Workers International Union, and the International Association of Machinists (AFL—CIO)—Continued O ctober 19 N egotiations w ere resu m ed in Ohio w ith the a ssista n c e of F e d e ra l m e d ia to rs. N ovem ber 30 N egotiations m oved to W ashington, D. C. , and continued w ith the a ssista n c e of a fo u r-m em b er FMCS B oard headed by M r. W illiam E. Sim kin, D ire c to r. D ecem ber 4 — Follow ing a negotiating se ssio n th at lasted 26 h o u rs, a spokesm an for FMCS announced th at a ten tativ e ag reem en t had been reach ed betw een the com pany and union re p re se n ta tiv e s. D ecem ber 8 M em bers of UAW L ocal 647 ratified the ag reem en t. 3 D ecem b er 11 -- M em bers of IAM Lodge 912 ratified the ag reem en t. 3 1 During 1966, the Evendale plant was affected by other stoppages, including a 1-day strike of almost 4,000 workers on Mar. 2, and a 2 -day strike Apr. 25-26, involving more than 5,000 workers. 2 .The President's Executive Order specifically named the Evendale, Ohio, plant, which makes jet engines for the phantom jet fighters being used in Vietnam by both the Air Force and the Navy, but also provided that the Board could look into the other strikes at GE plants as it saw fit. (Approximately 30,000 employees of other GE plants also stopped work Oct. 17. ) 3 Both 3-year contracts provided a 4-percent general wage increase, retroactive to Oct. 17, with additional increases of 2.6 percent effective Oct. 2, 1967, and 3 percent effective Sept. 30, 1968. The agreements also provided for cost-of-living adjustments effective Oct. 2, 1967, to be based on the October 1966-October 1967 measuring period, 2 additional paid holidays effective in 1968, and other benefits similar to the company's earlier settlement with IUE and a 10-union coalition. (See Current Wage Developments No. 229 for details.) Regarding IAM Lodge 34, an agreement was worked out providing for the appointment of committees by the parties to review and evaluate the job-rate disputes during a 90-day period, beginning with the date of the signing of the agreement. 67 26. Nonferrous Smelting Industry Dispute, 1966—Union Carbide Corp., Stellite Division, Kokomo, Indiana v. United Steelworkers of America (AFL—CIO) S eptem ber 30 O ctober 16----------------N ovem ber 2 --------------N ovem ber 8 --------------N ovem ber 2 1 -------------D ecem b er 1 6 -------------- D ecem b er 19 D ecem ber 20 D ecem ber 21 - M ore than 2,000 em ployees of Union Carbide*s H aynes S tellite D ivi sion in Kokom o, Ind. , stopped w ork in a wage reopening dispu te. 1 A F e d e ra l m ed iato r m et w ith the p a rtie s in an effort to se ttle the dispu te. The m eetings continued through O ctober 18. When the im p act of th is strik e on defense production becam e a p p a r ent, F e d e ra l m ediation effo rts w ere in ten sified. M ediators m et in jo in t se ssio n w ith the p a rtie s , and continued th e ir m ediative efforts in alm o st continuous jo in t and se p a ra te m eetings through N ovem ber 7. N egotiations w ere broken off. N egotiations w ere resu m ed and continued w ith the a ssista n c e of F e d e ra l m e d ia to rs through m id -D ecem b er. L abor S e c re ta ry W. W illard W irtz, citing a th re a t to the N ation’s defense, req u ested com pany and union re p re se n ta tiv e s to m eet with him in W ashington, D. C. , D ecem ber 18, in an effort to settle this dispute. No p ro g re ss was m ade and the S e c re ta ry rep o rted the fa il u re of the m ediation efforts to the P re sid e n t. A fter D efense S e c re ta ry M cN am ara advised P re sid e n t Johnson that the alloys produced in the Kokomo plant w ere e sse n tia l to the w ar effo rt in V ietnam , the P re sid e n t invoked the ’’national em ergency" p ro v isio n s of the T aft-H artley A ct, and appointed the following th ree m em b er B oard of Inquiry to in v estig ate the dispute: L aw rence E. S eibel, W ashington, D. C. , a rb itra to r, chairm an ; G arth L. M agnum , of the Upjohn In stitu te; and F ran k J . Dugan, a p ro fe sso r of law at G eorgetow n U niv ersity. P re s id e n t Johnson asked the B oard to take 1 m o re day to a sse ss the chances of ending the strik e and re p o rt back to him . The B oard conducted a hearin g in W ashington, D. C. , and received statem en ts of po sition s of the p a rtie s. The union re p re se n ta tiv e s app eared at the hearin g and introduced do cum entary evidence, and m ade an extended o ra l argum ent to the B oard. R ep resen tativ es of the com pany did not app ear. The B oard rep o rted that all efforts to reso lv e the dispute had failed, and stated that two im m ediate issu e s sep arated the p a rtie s— w ages and discip lin e for alleged m isconduct during the strik e — in addition to the m o re p erv asiv e underlying charges by The union that the com pany e stab lish es the lim its of the to tal package it w ill g ran t on a com panyw ide b a sis, but refu ses to b argain w ith the union on other than a p lan t-b y -p lan t b asis. The re p o rt concluded that the com plexity of the im m ediate and underlying issu e s betw een the p a rtie s m ade the p o ssib ility of an early settlem en t unlikely. P re s id e n t Johnson im m ediately asked the Ju stic e D epartm ent to seek an injunction halting the strik e . Judge L eonard P . W alsh, of the F e d e ra l D istric t C ourt in W ashing ton, D. C. , issu ed an injunction o rd erin g the strik in g em ployees back to w ork, but stayed the effect of his o rd e r until noon D ecem ber 22 to give the union tim e to appeal. See footnotes at end of table. 68 26. Nonferrous Smelting Industry Dispute, 1966—Union Carbide Corp. Stellite Division, Kokomo, Indiana v. United Steelworkers of America (AFL—CIO)—Continued D ecem ber 21 ------------Continued The union counsel challenged the injunction, arguing th at the T aftH artley A ct could not be applied because the s trik e did not affect an en tire in d u stry , or a su b stan tial p a rt th e re o f, and asked the U .S. C ircu it C ourt of A ppeals for the D is tric t of C olum bia to se t it asid e. A th re e -m e m b e r appeal pan el, headed by Judge C h arles W. F ahy, fu rth e r stayed the o rd e r until 5 p. m . D ecem b er 23. D ecem ber 2 3 ------------- The th re e -ju d g e panel of the U .S. C ircu it C ourt of A ppeals upheld the low er co u rt ruling th at the strik e should be ended fo r 80 days because it would affect the national safety by im p airin g the V ietnam w ar effo rt. The co u rt found th at the strik e would "affect a su b sta n tia l p a rt of the m ilita ry a irc ra ft engine in d u stry " b ecause the Kokomo plant w as the only availab le su p p lier of a c e rta in alloy and com ponents used to m ake engines for a irc ra ft u sed in V ietnam . The union did not im m ediately seek a fu rth e r stay of the co u rt ruling and d ire c te d the strik in g em ployees to re tu rn to w ork, but left open the p o ssib ility of a la te r appeal to the U .S. S uprem e C ourt. D ecem ber 2 4 ------------- Som e em ployees, m ostly m aintenance w o rk e rs, began retu rn in g to w ork, and the com pany stated th at they hoped to re su m e full p r o duction soon afte r the holiday season . Jan u ary 12, 1967-------- The union asked the U .S. S uprem e C ourt to o v e rtu rn the injunction, arguing th at the strik e did not affect a su b stan tial p a rt of the m e ta l alloy in d u stry , and th at the leg islativ e h isto ry of the act m ade it c le a r th at it could be used only when a strik e affected a su b stan tial p a rt of the "stru ck " in d u stry ra th e r than a su b stan tial p a rt of a "c u sto m e r" in d u stry . Jan u ary 2 3 ----------------- The U .S. S uprem e C ourt refu sed to review the case and, in effect, upheld the injunction issu ed by the low er co u rt D ecem b er 21. F e b ru a ry I ---------------- The union announced th at a ten tativ e ag reem en t had been reach ed , and stated th at the negotiating com m ittee would recom m end its ra tific a tio n . F e b ru a ry 3 --------------- Union m em b ers ratified the ag reem en t 2 and the injunction was d is solved. 1 In September 1965, a collective bargaining agreement was executed between the company and the United Steelworkers of America Local 2958. The agreement provided for a contract reopening in September 1966, limited to "straight-time rates per hour." z *The agreement, negotiated under a reopening provision, provided for a 17-cent-an-hour wage increase, retroactive to Dec. 23, and a 6-month extemion of the existing agreement to Mar. 29, 1968. The company also agreed that there would be no inter ruption of service credits, loss of seniority, or vacation eligibility during 1967, by reason of the strike, and there would be no administrative discipline or pressing of any charges pending, either in civil actions or the courts. 27. Shipbuilding Industry Dispute, 1966-67— Pacific Coast Shipbuilders* Association v. International Brotherhood of Electrical Workers (AFL—CIO)1 N ovem ber 4, 1966 __________ D espite m onths of in te rm itte n t neg otiation s, often with the a ssista n c e of F e d e ra l m e d ia to rs, e le c tric ia n s stopped w orking at W est C oast sh ip y ard s, thus cu rtailin g w ork on v e sse ls used in tra n sp o rtin g w ar m a te ria ls to Viet N am .2 O rig inally , the e le c tric ia n s dem anded a 70-cent hourly in c re a se and additional frin ge benefits am ounting to 22 cen ts. By N ovem ber 8, th is dem and was pared down to 5 p ercen t each y ear under a 2-y ear co n tract, re tro a c tiv e to July 1, 1965. The asso ciatio n re je c te d th is p ro p o sal, con tending that it w as "out of line" with w ages paid other craftsm en . N ovem ber 11 __ N egotiators for the shipy ards and union ag reed to m eet with F e d e ra l m e d i a to rs in W ashington, D. C. , on N ovem ber 15, but the union declined to urge its m e m b e rs to re tu rn to w ork pending the ta lk s, as req u ested by W illiam E. Sim kin, D irecto r of the F e d e ra l M ediation and C onciliation S erv ice. N ovem ber 15___ FMCS m e d ia to rs opened talk s talk s indefinitely on N ovem ber on te rm s of a new co n tract as prop osal to subm it a ll te rm s by the sh ip b u ild ers. D ecem ber 1 in W ashington. The m ed iato rs re c e sse d the 17, stating th at the p a rtie s w ere as far a p a rt they w ere when the dispute began. A union of the co n tract to a rb itra tio n w as reje c te d N egotiations resu m ed in San F ra n c isc o . R ep resen tativ es of the shipb uilders proposed that the D irecto r of FMCS nam e a panel of m en fam ilia r with the shipbuilding and re p a ir in du stry to determ in e the relev an t facts on the un reso lv ed econom ic issu e s, but the union re je c te d the prop osal. D ecem ber 7 ___ N egotiations w ere re c e sse d and no p ro g re ss rep o rted . Jan u ary 5, 1967 ______ F e d e ra l m e d ia to rs m et jointly w ith union and asso ciatio n re p re se n ta tiv e s, but the m eeting w as adjourned when it w as learn ed that n eith er side had anything new to joffer. Jan u ary 2 7 _____ N eg otiato rs for the shipb uilders and re p re se n ta tiv e s of the M etal T rad es D epartm ent of the A F L —CIO m et in W ashington, D. C. , in a new effort to re a c h a settlem en t. G ordon M. F reem an , p re sid e n t of the IBEW , p a rtic ipated in the ta lk s. R ep resen tativ es of the M etal T rad es D epartm ent p ro posed (a) th at a ll unions in the shipyards ag ree to negotiate jointly with the sh ip b u ild ers; (bj that the shipb uilders ag ree to open a ll c o n tracts June 50 and negotiate a new 3 -y ear co n tract; and (c) that e le c tric ia n s re tu rn to w ork under the old co n tract te rm s pending th ese new negotiations. The ship b u ild e rs accep ted th is p rop osal and the union ag reed to subm it the p ro p o sal to its m e m b e rs for a vote. Voting began F e b ru a ry 1, and, as union offi c ia ls had p red icted , the prop osal w as rejected . 3 See footnotes at end of table. 70 27. Shipbuilding Industry Dispute, 1966-67— Pacific Coast Shipbuilders* Association v. International Brotherhood of Electrical Workers (AFL—CIO)—Continued M arch 2 ____ ___ Stating th at the strik e , if p erm itted to continue, would im p e ril the natio nal safety, P re sid e n t Johnson invoked the em erg ency p ro v isio n s of the T aftH artley A ct and appointed a B oard of Inquiry to in vestigate the dispu te. B oard m e m b e rs w ere J. K eith M ann, A ssista n t P ro fe sso r of Law at S tam ford U n iv ersity , who w as chairm an ; G eorge E. R eedy, fo rm e r W hite H ouse p re s s s e c re ta ry ; and P aul D. Hanlon of P o rtlan d , O reg. , atto rn ey . M arch 6 ............... A fter notice to the p a rtie s, the B oard held h earin g s in San F ra n c isc o on M arch 6 and 7. M anagem ent re p re se n ta tiv e s te stifie d th at shipbuilding and re p a ir had continued to a su b stan tial deg ree during the s trik e , but had reach ed a point at which such w ork could not continue w ithout the se rv ic e s of e le c tric ia n s . The p a rtie s ag re e d th at the specific issu e s in dispute w ere sub ordin ate to the d ifferen t collective bargaining ap p ro ach es. The a sso ciatio n contended th at a shipy ard w as an in teg rated op eratio n , and th at the m echanic *s base ra te m u st be uniform ly applied to a ll skilled em ployees, although they w ere re p re se n te d by se v e ra l unions. The IBEW dem anded se p a ra te bargaining and w ages and benefits based upon electrician s* sk ills. M arch 7 _______ The B oard re p o rte d to the P re sid e n t, stating th at in ten sive negotiations and m ediatio n e ffo rts had failed to achieve an ag reem en t, and th at "The firm in siste n c e of the a sso ciatio n on ad h eren ce to the tra d itio n a l in d u stry p a tte rn of a uniform hourly ra te for a ll c ra fts , and the equally firm d e te r m in atio n of the union to b reak from th is p a tte rn and to obtain a h ig h er ra te for e le c tric ia n s through individual bargaining c re a te d the im p a sse . " The re p o rt concluded th at it w as the judgm ent of the B oard th at "resu m p tio n of n o rm al o p eratio n s in the y ard s is not soon to be anticip ated n o r is e a rly ag reem en t fo re se e a b le . " M arch 9 _______.. P re sid e n t Johnson announced th at he had d ire c te d the A tto rney G en eral to seek an injunction under the natio nal em erg en cy p ro v isio n s of the T aftH artley A ct. A petition to halt the strik e w as im m ediately filed w ith the U. S. D istric t C ourt in San F ra n c isc o . An affidavit fro m S e c re ta ry of D e fense R obert S. M cN am ara stated that the strik e w as in te rfe rin g w ith p ro cu rem en t and rep lacem en t of equipm ent for the w ar in V iet N am , and, if allow ed to continue, would "re su lt in an unacceptable and irre trie v a b le lo ss of tim e in supplying the ships e sse n tia l to the national defense and se c u rity of the U nited S tates. " M arch 10 Judge A lb ert C. W ollenberg ruled that the. strik e had affected a su b stan tial p a rt of the in d u stry and im p eriled the national safety. He issu e d an in junction o rd erin g the e le c tric ia n s back to w ork and prohibiting a lockout by the sh ip b u ild ers until May 29. P ick et lin es w ere im m ediately w ithdraw n fro m the y a rd s, and a union spokesm an stated that the union would m ake ev ery effo rt to com ply with the o rd e r. See footnotes at end of table. 71 27. Shipbuilding Industry Dispute, 1966-67— Pacific Coast Shipbuilders1 Association v. International Brotherhood of Electrical Workers (AFL—CIO)1—Continued M arch 13 E le c tric ia n s re tu rn ed to w ork. A p ril 13 ___ _ The firs t negotiating sessio n a fte r the injunction w as granted was held in S eattle. T alks continued through 'A p ril 14. No p ro g re ss w as rep o rted , but the p a rtie s ag reed to m eet again A p ril 27. A p ril 27 ...... . F e d e ra l m e d ia to rs m et with the p a rtie s in San F ra n c isc o . May 2 __________ A resum ption of the strik e was av erted when the p a rtie s accepted a FMCS prop osal to (a) subm it specific un reso lved issu e s to the 3-m em b er B oard of Inquiry to m ake findings of fact and ’recom m endatio ns, if n ece ssary ; (b) not to strik e or lockout at le a st until July 1, 1967; and (c) before a strik e or lockout, to subm it the final m anagem ent offer to the m em b ersh ip for a vote to be conducted by the N ational L abor R elations B oard. The B oard of Inquiry asked the p a rtie s to subm it b rie fs by May 22. June 12 _ _ __ J. K eith M ann, ch airm an of the B oard, announced th at the p a rtie s had a g reed to extend the n o -strik e-n o -lo ck o u t com m itm ent from July 1 to July 23. The B oard req u ested the extention for tim e in which to pursue the inquiry and p re se n t its findings June 30. June 27 ________ The B oard announced th at the p a rtie s had reached an ag reem en t and stated th at the p rov isio ns would be subm itted to IBEW m em b ers for ratificatio n . July 5 __________ The NLRB m ailed ballo ts to the IBEW m e m b e rs. July 18 A spokesm an for the NLRB announced in San F ra n c isc o that the e le c tric ia n s had voted to accept the co n tract. 4 1 The dispute stemmed from a 1965 decision by the 1BEW to cease bargaining through the Metal Trades Council, which pre viously negotiated a single contract for all crafts employed at the shipyards. Consequently, the IBEW was not a party to a 3-year agreement reached in July 1965 between the association and member unions represented by the Council. 2 The sanctioned stoppage was preceded by a 2 -day strike October 11-12, called by union members to force their international officers and employer representatives tc resume negotiations. 3 Peak idleness of almost 10, 000 workers was reached in late January. 4 The 1-year contract provided a 15-cent-an-hour wage increase effective July 1, 1967; an additional 5 cents, effective Jan. 1, 1968; a 4-cent-an-hour increase in employer contributions to pension or health and welfare funds, effective July 1, 1967; and pro visions for a tool allowance or company-supplied tools. The association agreement with Carpenters, Machinists, and unions composing the Pacific Coast District Metal Trades Council was amended to provide additional wage increase to maintain parity with the IBEW. IBEW officials agreed to bargain jointly with other crafts in 1968, but stated that they would sign a separate agreement. 72 28. Aircraft—Aerospace Industry Dispute, 1967— The Avco Corp., Lycoming Division, Stratford, Conn. v. United Automobile, Aerospace and Agricultural Implement Workers of America (AFL—CIO)1 F e b ru a ry 1 3 ---- Com pany and union n eg o tiato rs m et to d iscu ss new c o n tra c t p ro p o sa ls sub m itted by the union. W ages and frin ge b en efits, including sup plem en tary unem ploym ent in su ra n c e , w ere the issu e s of m ajo r im p o rtan ce. N egotiations continued through M arch 14. M arch 2 3 --------- *The two p a rtie s called in S tate and F e d e ra l m e d ia to rs to a s s is t in the n e go tiatio ns. The m ed iato rs m et w ith com pany and union re p re se n ta tiv e s through A p ril 14; how ever, no sig nifican t p ro g re ss was re p o rte d . M em bers of UAW L ocal 1010 adopted a reso lu tio n "to em pow er the nego A p ril 2 tiatin g com m ittee to call a strik e on A p ril 15, 1967, if no accep tab le a g re e m e n t,, in the opinion of the co m m ittee, has been a g reed u p o n ." A p ril 1 3 ---------- L abor S e c re ta ry W illard W irtz sent te le g ra m s to com pany and union r e p r e sen tativ es and the m e d ia to rs, req u estin g them to m eet w ith him in W ash ington, D. C. , A p ril 14. A p ril 14 The two p a rtie s m et w ith S e c re ta ry W irtz, the m e d ia to rs, and m em b ers of the S e c re ta ry ^ staff for se v e ra l h o u rs. D uring the m eetin g s, the com pany re p re se n ta tiv e s ag reed to p re se n t a co u n te r-p ro p o sa l on sup plem en tal un em ploym ent in su ran ce and o th er frin g e b en efits. A p ril 1 5 ---------- Stating th at the dispute th reaten ed to re su lt in a strik e th at w ould, if p e r m itted to occu r o r continue, im p e ril the natio nal safety , P re sid e n t Johnson invoked the natio nal em ergency p ro v isio n s of the T a ft-H a rtle y A ct and a p pointed a 3 -m em b er B oard of Inquiry to in v estig ate. B oard m em b ers w ere the R everend Leo C. B row n, S. J . , of the C enter f o r S ocial S tu d ies, C am brid ge, M ass. , chairm an ; Clyde W. S u m m o rs, Yale U n iv ersity; and J. C. H ill, New Y ork a rb itra to r. A fter notifying the p a rtie s , the B oard held a hearin g in S tra tfo rd , Conn. T heir re p o rt to the P re sid e n t stated th at the p a rtie s had not reached a m eeting of m inds on m any issu e s of m a jo r im p o rtan ce; nor had bargaining pro ceed ed to the point w here the p a rtie s had been able to fo rm u late a p re c ise statem en t of th e ir d ifferen ces. The board concluded th at "T h ere is every indication th at a se ttle m e n t of th is dispute w ill re q u ire difficult and extended neg otiation s. " M ore than 2,000 em ployees began leaving th e ir jo b s, halting prod uction of A pril 16 gas tu rb ine engines fo r h e lic o p te rs. A fter D efense S e c re ta ry R obert S. M cN am ara in fo rm ed the P re sid e n t that A p ril 17 in te rru p tio n of prod uction at Avco (which w as the sole m an u factu rer of en gines for tro o p -c a rry in g h elico p ters) would have serio u s consequences in V iet N am , P re s id e n t Johnson d ire c te d the Ju stic e D ep artm en t to seek an injunction to h a lt the s trik e , under the natio nal em erg ency p ro v isio n s of the T a ft-H a rtle y A ct. Judge W illiam H. T im b e rs, of the U .S. D is tric t C ourt in New H aven, Conn. , issu ed a 10-day re stra in in g o rd e r, halting the strik e . E m ployees began r e turning to w ork on the 3 p .m . shift. See footnotes at end of table. 73 28. Aircraft—Aerospace Industry Dispute, 1967— The Avco Corp*, Lycoming Division, Stratford, Conn. v. United Automobile, Aerospace and Agricultural Implement Workers of America (AFL—CIOjJ—Continued A p ril 19----------A p ril 25----------J une 7 -------------June 1 0 -----------June 1 4 -----------June 1 6 ----------- June 20 ---------- June 2 7 -----------July 3--------------1 F e d e ra l and State m ed iato rs resu m ed th e ir effo rts. They w ere joined by R everend B row n, ch airm an of the B oard of Inquiry. Judge T im b ers extended the re stra in in g o rd e r to a p re lim in a ry 80-day in junction, re tro a c tiv e to A p ril 17. The N ational L abor R elations B oard set June 20 as the date for the union’s m em b ersh ip to vote on the com pany's final offer. The UAW E xecutive B oard unanim ously recom m ended th at union m em b ers re je c t the com pany’s final o ffer, which did not include sup plem en tary un em ploym ent b en efits. Com pany and union re p re se n ta tiv e s m et with m em b ers of the B oard of Inquiry to p re s e n t statem en ts of th e ir resp ectiv e p o sitio n s. F e d e ra l m ed iato rs and re p re se n ta tiv e s of NLRB also attended the m eeting. In its second re p o rt to the P re sid e n t, the B oard su m m arized the m ediative effo rts m ade tow ard settlem en t of the dispute and rep o rted th at although m ost noneconom ic issu e s had been settled , no sig nifican t p ro g re ss has been m ade on the econom ic issu e s. Avco estim ated the co st of its la st offer at app ro xim ately 43 cents an hour. The B oard also rep o rted th at although it lacked data for a reliab le estim ate of the m agnitude of the differen ces b e tw een the co sts of the union's req u ests and the em p lo y er’s la st o ffe r, the differen ce was su b stan tial. Union m em b ers re je c te d the com pany's offer in the balloting conducted by the NLRB. B ecause no settlem en t was in sight, U n d e rse c re ta ry of L abor Jam es J. Reynolds called union and m anagem ent officials to W ashington again. The p a rtie s m et with D efense and L abor D ep artm en t o fficials, and, on June 28, announced th at they had reached an ag reem en t. The ag re e m e n t was ratified by m em b ers of UAW L ocal 1010, and su b se quently by m em b ers of L ocal 37 6. 2 The dispute involved members of UAW Local 1010, representing production and maintenence workers; and Local 376, repre senting office and technical workers. 2 Terms o f both agreements were similar— a 3-year contract provided for an im m ediate wage increase averaging 18 cents an hour (including 10 cents retroactive to April 16), and increases in 1968 and 1969, averaging 17 cents and 18 cents, respectively. An additional 10 cents was provided for skilled workers, and night-shift differentials were increased. Pensions were increased from $2. 70 to $4 a month for each year's credited service, effective Jan. 1, 1968, and to $4. 75 Jan. 1, 1969. Other pension improvements included vesting after 10 years' service instead of age 40, and company-paid hospital-surgical insurance for present retirees. The settlem ent also provided for liberalizations in sick leave and health and welfare provisions, including hospital-m edical benefits; a SUB plan replaced the Extended Layoff Benefits plan. 74 29. Stevedoring Industry D isp ute, A tlantic and Gulf C o a sts, 1968-69 —International L on gsh orem en ’s A sso cia tio n (A FL-C IO ) v. Shipping and Stevedoring C om panies July 10, 1968..................... N egotiations to rep lace the 4 -y ear co n tract expiring Septem ber 30, 1968, w ere opened by the Internation al L ongshorem en’s A ssociation (ILA) and the New York Shipping A ssociation (NYSA). The ILA p ro posed a 2-y ear agreem ent with prov isio ns to apply uniform ly to the 5 m ajo r N orth A tlantic C oast P o rts. 1 The uniform dem ands would elim inate the p ractice of sim ultaneous loading and unloading of con ta in e r ships, grant exclusive rig h ts to pack and unpack co n tain ers loaded away from the p ie rs, except those with a “m an u factu rers label,*2 and estab lish a standard work gang of 17 m en. 3 The dem ands also included a $2.38 p er hour wage in c re a se , a 6-hour w orkday, an in crease of $125 in the m onthly pension benefits, a guaranteed annual incom e equivalent to 2,040 ho urs'w o rk at stra ig h t-tim e r a te s ,4 and lib eralized w elfare, vacation, and holiday benefits. August 7 ---------------------- The NYSA offered a 48 cents p er hour, 4 -y ear co n tract package, stating th at it was authorized to negotiate only on the p ro v isio n s in the “m a ste r ag reem en t” for the N orth A tlantic D istrict and for a container provision for B altim ore. (Philadelphia and Boston w ere not on the sailing schedules of container ships.) August 22----------------------- A 1-year extension of the co n tract, including a 3 5 -cen t-an -h o u r package to be allocated by the ILA, was proposed by the NYSA to provide additional tim e to study the. prob lem s of w orker secu rity . In addition, em ployers in New York, B altim ore, and H am pton Roads offered a new container clause that would p e rm it ILA m em b ers to strip and load containers that had been consolidated in the p o rt a re a from le ss than full-load lots. August 27----------------------- ILA negotiators rejected the prop osal to extend the co n tract and sug gested a 38- cent-an -h ou r-w ag e in crease for a 6-hour day. Union dem ands concerning con tainers w ere not changed. August 29_______________ N egotiators agreed to re fe r the m a tte r of pensions to a sp ecial com m ittee. The union had proposed $300 a m onth pension, payable at age 50, a fter 20 y ears in the industry. In addition, the union req u ested that p ast serv ice for pension benefits be fully funded w ithin 10 y e a rs. August 3 1 ---------------------- The ILA announced at a bargaining strateg y m eeting in M iam i th at conventional cargo ships, but not container ships, would be w orked should the p a rtie s fail to reach agreem ent by Septem ber 30. Septem ber 4 ----------------- On resum ption of negotiations in New York, the NYSA proposed, and the union rejected , a $275 a m onth pension at age 62 afte r 25 y e a rs ’ serv ice. Septem ber 9 ----------------- E m ployers presen ted a new offer: a 2 -y ear package with a 33-cent wage in c rease and 25 -cen t-an -h o u r pension and w elfare contribution that would have p erm itted a $300 a m onth pension at age 62. See footnotes at end of table. 75 29. Stevedoring Industry D ispute, A tlantic and Gulf C oasts, 1968-69 —International L ongshorem en’s A ssociation (AFL-CIO) v. Shipping and Stevedoring Com panies —Continued Septem ber 9 — A stoppage be gain in Boston over em ployer dem ands that union furn ish C o ntinu ed-------------------- fu ll-siz e d gangs. Septem ber 1 5 ---- ------ The NYSA tentatively proposed a guarantee of 2,080 hour s'w ork in exchange for the freedom to autom ate operations and to assig n long shorem en to jobs. The 2 hours of tra v e l tim e paid in moving from one a re a of the p o rt to another was elim inated. The union rejected the offer, and negotiations w ere discontinued until Septem ber 25. Septem ber 2 0 --------------- The executive board of the ILA voted to strik e O ctober 1, if no con tra c t was concluded. A greem ent was reached to end the Boston p o rt stoppage. Septem ber 2 4 --------------- P re sid e n t Lyndon B. Johnson assigned Jam es Reynolds, Under Sec re ta ry of L abor, to a s s is t in m ediating the dispute. At this stage, only w ages, pensions, and the guaranteed annual incom e had been discussed. The problem s of establishing an industryw ide contain e rizatio n provision had not been approached. Septem ber 2 6 -------------- Thom as W. G leason, International P resid en t of the ILA, stated that the em ployers rep resen ted by the NYSA m ust eith er let the ILA load and unload co n tain ers, or pay a royalty that was adequate to finance a pension and w elfare plan the union considered satisfacto ry . P ay m ents to these funds had been based on hours worked. Because of considerable savings in m an-hours possible with container ships, the union m aintained that hourly pension and w elfare contributions would have to be m uch higher to finance these benefits at cu rren t lev els. The NYSA had proposed that the ILA load and unload con ta in e rs consolidated within the im m ediate p o rt area. F earin g that container consolidating operations would be opened outside the po rt a re a , the ILA rejected this proposal. Septem ber 30--------------- The P re sid en t stated that a stoppage would im p eril the national health and safety and, pursuant to Section 206 of the L abor-M anage m ent R elations Act, appointed a Board of In q u iry .5 David L. Cole, fo rm e r D irector of the F ed eral M ediation and C onciliation S ervice, was designated chairm an. The other two m em bers w ere P e te r Seitz and the Rt. Rev. M sgr. George H iggins. In New York, neg otiato rs m et without success in a final effort to avoid a strik e. Dock w orkers in New York began leaving th eir jobs before the m idnight deadline. O ctober 1---------------------- About 46,000 w o rk ers w ere involved d irectly in the strik e. The B oard of Inquiry m et in New York with em ployer and union re p re se n tativ es. L ater, the B oard rep o rted to the P resid en t that See footnote at end of table. 76 29. Stevedoring Industry D ispute, A tlantic and Gulf C oasts, 1968-69 —Internation al Longshorem en*s A ssociation (AFL-CIO) v. Shipping and Stevedoring C om panies —Continued O ctober 1 — C ontinued------------------ th ere w ere “two overriding issu e s, and the failu re to reso lv e these has prevented the p a rtie s from reaching ag reem en t on other ite m s . " These w ere unionwide collective b a rg a in in g 6 and the prob lem s of containerization. The P re sid e n t requested the A ttorney G eneral to seek an end to the strik e. Shortly a fter 7 p.m ., Judge S ylvester Ryan of the U.S. D istrict C ourt for the Southern D istrict for New York issu ed a tem p o rary re stra in in g o rd er and set O ctober 9 as the date for hearings on a 60-day injunction. Thom as W. G leason, P re sid e n t of the ILA, indicated that due to the laten ess of the o rd e r, ending the stoppage the next day would be im p ossib le. O ctober 3 ------------------- Work was resu m ed at all p o rts. O ctober 9 _____________ A ruling on the req u est for an injunction was put off to O ctober 15. The re stra in in g o rd er continued in effect. O ctober 16------------------ Judge Ryan issu ed a 60-day injunction prohibiting a strik e by long shorem en until 7:05 p.m . D ecem ber 20. O ctober 30------------------ F o rm a l negotiations resu m ed for the f irs t tim e since Septem ber 30; the ILA dem anded that the basic containerization and job secu rity prov isio ns apply equally to all A tlantic and Gulf p o rts. The NYSA’s offer of a 2,080-hour guaranteed annual wage was also a problem . In New York, the offer was contingent on the im position of pen alties on w o rk ers who refu sed to work beyond th e ir no rm al w ork a re a ; in other p o rts, em ployers felt that they could not afford the guarantee. O ctober 31------------------ New J e rse y dockw orkers struck , p rim a rily at container loading sites. They dem anded that the container royalty paym ents be divided am ong the w o rk ers as a bonus. N ovem ber 1 --------------- The NYSA proposed a 3 -y ear, $1.01-an -h o u r co n tract, including wage in c re a se s up to 63 cents p e r hour; and 38 cents for pension and w elfare funds, th ereb y allow ing a $300 m onthly pension at 62. D etailed hiring and incom e guarantee co n tract clau ses also w ere presen ted . The union announced that it would reply N ovem ber 6. N ovem ber 4 --------------- The U.S. A ttorney’s Office in New York ord ered an investigation to determ ine if the w ildcat strik e in New J e rse y was in violation of the injunction obtained under the T aft-H artley Act. The w o rk ers retu rn ed to th eir jobs the next day. N ovem ber 6 --------------- D issatisfied by the failu re to negotiate a single N orth A tlantic D is tric t agreem ent, by the size of the m oney package, and by the r e tire m e n t p rov isio ns, the International L ongshorem en’s A ssociation rejected the NYSA offer of N ovem ber 1. See footnote at end of table. 77 29. Stevedoring Industry D ispute, A tlantic and Gulf C o asts, 1968-69—International L ongshorem en’s A ssociation (AFL-CIO) v. Shipping and Stevedoring Com panies —Continued N ovem ber 30 The B oard of Inquiry rep o rted to the P resid en t that the positions of the p a rtie s had not changed since the firs t rep o rt, and that none of the issu es had been resolved. D ecem ber 2 Thom as G leason recom m ended that w o rk ers re je c t the offers sub m itted by the em ployer associatio ns for the N orth A tlantic D istrict. D ecem ber 5 W orkers in South A tlantic C oast p o rts began 2 days of voting on the em ployer’s la st offer. D ecem ber 10 L ongshorem en in the N orth A tlantic D istrict (from Ham pton Roads, Va., to S earsp o rt, Maine) voted on the em ployer’s la st offers. D ecem ber 11 The NLRB announced that longshorem en had voted approxim ately 1 5 to 1 to re je c t the final em ployer offer. D ecem ber 12 B argaining resum ed for the firs t tim e since N ovem ber 6 am id rep o rts that the lead ers of the O ctober 31-N ovem ber 5 w ildcat strik e in New Je rse y w ere calling for a slowdown. All p o rts w ere reporting working at “full em ploym ent.*’ D ecem ber 16 A tentative o ral 3-y ear agreem ent was rep o rted to have been reached for the N orth A tlantic D istrict. The co n tract provided for the right to open and repack all containers bearing consolidated cargoes loaded within fifty m iles of New York. It also included a guaranteed annual wage of 2,080 hours. The offer included a $1.60 in crease in wages and supplem ental benefits over 3 y e a rs; these changes would ra ise hourly ra te s to $4.60 and provide a $250 m onthly pension at 55 a fter 20 y e a rs, or $300 a m onth at 62 after 25 y ears of serv ice. Changes in the work ru les w ere to be negotiated. D ecem ber 17 The union bargaining com m ittee for the N orth A tlantic D istrict r e jected the tentative offer, p rim a rily because of the inability to achieve an agreem ent for the en tire N orth A tlantic D istrict. Although the container provision protected New York dockw orkers, it did not preven t freig ht fo rw ard ers in other p o rts from shipping through New York, causing a d ecrease in em ploym ent in these p o rts. P h il adelphia and Boston longshorem en rep resen tativ es also attacked the provision that stated: “the m en will work in any p o rt which has an agreem ent on the m a ste r co n tract and local conditions, and that the union policy of ’one p o rt down, all p o rts down’ shall not be app lied.” D ecem ber 18 B argaining continued over the issu es of containerization and sup plem entary benefits. E m ployers in the p o rts of Philadelphia and Boston, which did not have container facilities, w ere unwilling to 78 29. Stevedoring Industry D isp ute, A tlantic and Gulf C o a sts, 1968-69 — International L on gsh orem en 's A sso cia tio n (A FL-C IO ) v. Shipping and Stevedoring C om panies —Continued D ecem ber 18 — C o ntinu ed------------------- offer the sam e provisions as New York, Ham pton R oads, and B al tim o re. They contended that the im proved supplem entary benefits w ere to be paid for by in creased productivity attrib u tab le to auto m ation. D ecem ber 20 N egotiations ended in the afternoon without agreem en t, and the stoppage of 46,000 m en was resu m ed at 7:05 p.m . when the injunc tion expired. 7 D ecem ber 2 1 ---------------- The Philadelphia M arine T rade A ssociation and the Boston Shipping A ssociation issu ed a statem ent charging the NYSA and the ILA with an attem pt to “usurp** the righ ts of lo cal p o rts because the New York bargaining authority for them covered only the “basic wage in c re a se and contributions to w elfare and pension funds but not the benefits to be derived th erefro m , basic w orking day, and te rm of the agreement.** The two em ployer asso ciatio n s objected to NYSA offers on vacation and holiday pay, the guaranteed annual wage, and con ta in e r re stric tio n s. They indicated that the NYSA could com m it them for only $1.44 of the offer, and that the rem aining 16 cents, rep resen tin g vacation and holiday pay, had to be negotiated locally. The B altim ore Steam ship T rade A ssociation indicated th at if any other em ployer asso ciatio n s rejected the co n tract, it would be forced to do so also. D ecem ber 23---------------- N egotiations resu m ed in New York. The ILA dem anded that the “m a ste r contract** specify that a reasonab le guaranteed annual in com e be negotiated in the other p o rts. E fforts to s ta rt lo cal nego tiations in P hiladelphia, B altim ore, and Ham pton Roads failed, in p a rt, because union lead ers w ere in New York. In Boston, the p a rtie s agreed to m eet in an attem pt to produce the f irs t signed ag reem ent in 10 y e a rs. D ecem ber 2 4 ---------------- At the m eeting in Boston, the Shipping A ssociation notified m ed iato rs that it would p articip ate only to negotiate a lo cal con tract. Janu ary 3, 1969---------- . New York longshorem en and shippers m et in an attem pt to reso lv e two m ajor local issu es: the ju risd ictio n of the ILA in stripping and loading co n tain ers, and the hiring p ra c tic e s under the guaranteed annual incom e plan. The negotiations ended in d isag reem en t and w ere re c e sse d indefinitely, subject to re c a ll by the m ediator. January 7 _____________ R eportedly, at a full m eeting of the New York Shipping A ssociation, the m em bers authorized the labor policy com m ittee to w ithdraw the en tire offer and seek W ashington intervention. The next day the NYSA appealed to the P re sid e n t to re fe r the dock strik e to C o ng ress, as provided under Sec. 210 of the T aft-H artley Act. January 9--------------------- A m eeting of top union and m anagem ent officials continued to Jan u ary 10. A greem ent was reached on the container clause and on hiring p ra c tic e s under the guaranteed annual incom e plan. See footnote at end of table. 79 29. Stevedoring Industry D ispute, A tlantic and Gulf C o a sts, 1968-69 —International L o n g sh o rem en s A sso cia tio n (AFL-C IO ) v. Shipping and Stevedoring C om panies —Continued January 12______ ____ The full union and m anagem ent bargaining com m ittees m et to review the w ritten con tract, including the provisions agreed to the previous day. The union com m ittee unanim ously accepted the new container clause, which protected local p o rts from the th re a t of losing work to New Y ork,8 and retu rn ed to th eir home po rts. January 14------------------ A tentative agreem ent was reached for the P o rt of New York, but ratificatio n by the m em bership was d eferred pending settlem ent in other p o rts. B esides the container clause accepted January 12, the $1.60 w age-supplem entary benefit package, and the pension plan offered D ecem ber 16, the agreem ent included the annual guarantee of 2,080 h o u rs’ pay at straig h t-tim e ra te s. T rav el pay would not be paid to w orkers hired after the agreem ent went into effect (O ctober 1, 1968). N egotiations resu m ed in Boston, B altim ore, and Ham pton Roads. In Philadelphia, the union dem anded the en tire New York con tract. The shippers agreed to the sam e wage ra te s and supplem entary benefit contributions as New York, but m aintained that they would not pay the in creased vacation co sts. They also rejected the in creased guaranteed annual incom e plan. January 16 ------------------ N egotiations began in M iami for South A tlantic po rts from M orehead, N .C., to Key W est, F la. In G alveston, w here bargaining resum ed for a con tract covering W est Gulf P o rts, talks broke off when the em ployers did not m ake a m oney offer. January 2 2 -------- - Talks in New O rleans w ere discontinued after the shippers offered a $1.07 package and dem anded a d ecrease in the size of crew s loading grain ships. January 2 3 -------- - - The IDA was w arned by the NYSA that it m ight be in violation of the T aft-H artley Act if it refused to place the con tract before its m em bers for ratification . M anagem ent in Philadelphia offered th ree con tract options: (1) the $1.60 package, including $1.44 for w ages, pensions and w elfare, and the rem aining 16 cents for “w hatever it would buy” in the way of additional vacations and holidays; (2) the sam e benefits as in New York, but changes in the work ru les designed to reduce labor costs; or (3) subsequent negotiations on the vacation plan. The union declined all th ree options. N egotiators for South A tlantic p o rts reached tentative settlem ent on local issu es and agreed that w ages, supplem entary benefits, annual wage guarantees, and the container clause would follow the New O rleans pattern. See footnote at end of table. 80 29. Stevedoring Industry D isp ute, A tlantic and Gulf C o a sts, 1968-69 — International L o n gsh orem en 's A sso cia tio n (A FL-C IO ) v. Shipping and Stevedoring C om panie s —Continued Janu ary 23— Continued T alks resu m ed in G alveston for W est Gulf p o rts. E m plo yers w ere relu ctan t to d iscuss m oney until som e agreem ent was reach ed on changing work ru les. January 26--------------------- N egotiators in B altim ore reached ag reem en t on holiday and vacation benefits, but the union rejected the em ployer s* offer of a guaranteed 1,800-hours* work. Janu ary 29 Because of problem s in P hiladelphia and New O rlean s, the executive council of the ILA m et in New O rlean s in an attem pt to coordinate bargaining and concluded by requesting the P re sid e n t to “in sist" that the Gulf em ployer asso ciatio n s in c re a se th eir offer from $1.07 to $1.60. F e b ru a ry 1 ------------------ N egotiators in Ham pton Roads reached agreem ent on a guaranteed annual incom e of $6,800 for qualifying w o rk ers in 1969-70 and $7,820 in 1970-71 co n tract y e a rs. F e b ru a ry 2------------------- A tentative agreem ent, providing for pay in c re a se s of $1.60 an hour over the life of the co n tract, was reached in New O rlean s. It r e quired that negotiations on a guaranteed annual incom e begin 90 days after ratificatio n , and that the size of the w ork gang not be reduced during that period. The con tainer prov isio ns elim inated two clau ses of the New York agreem ent, thus perm ittin g co n tain ers consolidated in other p o rts to move through New O rlean s without repacking, and also requiring a rb itra tio n of d isag reem en ts over the handling of co n tain ers. (These changes re fle c t the differen t p ra c tic e s in the two p o rts before negotiations began in July. See footnote 2.) F e b ru a ry 3 ------------------ David L. Cole was asked by S ecretary of L abor G eorge P . Shultz to resu m e o v e r-a ll d irection of the m ediation activity. M r. Cole had not been involved since the agreem ent was reached in New York. Thom as G leason indicated that the New O rlean s container clau se was unacceptable to the International. ILA South A tlantic and Gulf D istrict officials refu sed to reopen negotiations. F ro m M iam i, the executive board of the T eam sters telegraph ed ILA and the p o rt em ployer asso ciatio n s that the new agreem ent would not be allow ed to rem ove work from the T eam ster ju risd ictio n . 9 F e b ru a ry 4 --------------- — New York Shipping A ssociation m em b ers agreed to w ithdraw the un ratified co n tract of Janu ary 14 if w o rk ers did not re tu rn sho rtly. N egotiators in P hiladelphia reached ag reem en t on the wage and supplem entary package, and container prov isio ns and becam e the fourth m ajo r p o rt to do so. H ow ever, eligibility for a fifth and sixth week of vacation and union dem ands to elim inate the “s e t back"10 clause prevented agreem ent. See footnotes at end of table. 81 29* Stevedoring Industry D ispute, A tlantic and Gulf C o a sts, 1968-69 —International L on gsh orem en ’s A sso cia tio n (A FL-C IO ) v. Shipping and Stevedoring C om panies —Continued F e b ru a ry 4— C o n tin u e d ------------------- N egotiations resum ed in Galveston; the shipp ers m atched the New Orleans* m oney offer, but the longshorem en dem anded the New York container provision. F e b ru a ry 7 Seeking a ratificatio n v o te ,11 the New York Shipping A ssociation filed an unfair labor p ractice suit against the ILA. F eb ru ary 8 ---- --------- At a m eeting of the executive council of the ILA in Houston, New O rlean s' union officials prom ised to attem pt to reopen negotiations on the container clause. F e b ru a ry 1 1 ----— - - The NLRB petitioned the U.S. D istrict C ourt for the Southern D is tr ic t of New York to o rd er the longshorem en to re tu rn to work in the P o rt of New York. Judge F . X. McGohey, denying the request, o rd ered the ILA to hold an election by F eb ru ary 14, but allow ed the NLRB to re tu rn to the cou rt if work was not resum ed. F e b ru a ry 1 4 ---------------- L ongshorem en in New York ratified the agreem ent 9,328 to 3,213. F eb ru ary 1 5 __ W ork was resum ed in New York. ____ F e b ru a ry 17---------- The NLRB petitioned the F e d e ra l D istrict C ourt in New O rleans to ord er longshorem en in New O rleans to re tu rn to work. F eb ru ary 1 8 --------------- T entative agreem ent was reached for M iam i. M ost other South A tlantic p o rts also reached agreem ent. F eb ru ary 1 9 ---------------- Judge F re d e ric k J. R. Heebe o rd ered five ILA locals in New O rleans to vote on the co n tract F eb ru ary 21. A checkers and clerk s local had not reached agreem ent on a container clause. Shippers and union officials in B altim ore announced tentative a g re e m ent, also to be subm itted for ratificatio n on F e b ru a ry 21. The co n tract included a guaranteed annual incom e of 1,800 hours. F eb ru ary 20---------------- A greem ent was reached in P hiladelphia, providing for a fifth and sixth week of vacation for longshorem en who w orked 1,600 hours in 10 of the p ast 12 y e a rs. The co n tract elim inated the “set-back* provision, and the container provision allow ed packing and unpacking of consolidated con tainers that w ere local in origin or destination. The guaranteed annual wage was in creased to 1,800 hours. R atifi cation was set for the 23d. W orkers in M iami and P o rt E verglades ratified th eir con tract. See footnote at end of table. 82 29. Stevedoring Industry D isp ute, A tlantic and Gulf C o a sts, 1968-69 — International L on gsh orem en 's A sso cia tio n (A FL-C IO ) v. Shipping and Stevedoring C om panies —Continued F e b ru a ry 21-------------- L ongshorem en in New O rlean s, Ham pton R oads, and B altim ore ratified co n tracts and retu rn ed to w ork the next day. Follow ing the conclusion of these settlem en ts, longshorem en in South A tlantic and Gulf p o rts w ere expected to re tu rn to w ork sho rtly. 12 F e b ru a ry 23------------- P hiladelphia longshorem en ratified th eir agreem ent and resu m ed work F e b ru a ry 25. A pril 12 The la s t p o rt agreem ent was concluded. 13 1 The New York Shipping Association is authorized to bargain for New York, Baltimore, Boston, Hampton Roads, and Phila delphia with respect to wages, hours, employer contributions to the welfare and pension funds, and the term of the agreement. Set tlements on these issues, generally referred to as the "master contract, " are then incorporated into local agreements in these ports. Negotiations on working conditions, holidays, vacations, and other matters are conducted on the local level. Boston, however, had not had a signed agreement since 1959. The agreements for the remainder of the North Atlantic District and the South Atlantic and Gulf Districts follow the general North Atlantic Coast pattern. 2 New York, Baltimore, and Philadelphia ports had royalty clauses on containers since 1960, 1961, and 1967, respectively. The royalties were 35 cents per gross ton for conventional ships, 70 cents for partially automated ships, and $1 for automated or con tainerized ships. Establishment of a container fund in Boston was delayed because of jurisdictional problems between the ILA and the Teamsters. Although containers had been stripped in North Atlantic ports when the ILA found more than 1 bill-of-lading on a container, no suc^ action had occurred in South Atlantic and Gulf ports. New York had 17-man gangs under the current agreement. 4 New York had a 1, 600-hour, and Philadelphia a 1,500-hour guarantee. 3 This stoppage marked the seventh tim e that Atlantic Coast longshoremen were involved in a "national emergency" dispute. 6 During the 1956 contract renegotiations, the ILA was enjoined from insisting on industrywide bargaining. In appeals to the courts during the next year, the injunction was upheld, and a trial examiner of the NLRB ruled that the insistance upon industrywide bargaining was an unfair labor practice. ^ This stoppage marked the sixth tim e that an East Coast stevedoring industry strike had occurred or had been resumed after an 80-day "cooling-off" period. 8 The new master clause read: "Containers owned or leased by employer-members (including containers on wheels) containing LTL /less than truckload lotS7 loads or consolidated full-container loads, which are destined for or com e from, any person (including a consolidator who stuffs containers of outbound cargo or a distributor who strips containers of inbound cargo and including a forwarder, who is either a consolidator of outcargo or a distributor of inbound cargo) who is not the beneficial owner of the cargo, and which either comes from or is destined to any point within a 50-m ile radius of any North Atlantic District port shall be stuffed and stripped by ILA labor at longshore rates on a waterfront under the terms and conditions of the General Cargo Agreement. " The New York Tim es. January 13, 1969, p. 93. In addition, disagreement over the handling of a container was not arbitrable. ^ The ILA and the Teamsters had met occasionally to discuss jurisdiction, but no agreement had been announced. 10 When a ship failed to arrive on tim e, longshoremen’s work schedules were changed from 7:30 a .m . to 1:00 p. m. under the "set-back" clause, which also provided pay for 1 hour in the morning and a 4-hour guarantee in the afternoon. In this situation, other port agreements provided 4 hours’ reporting pay and permitted longshoremen to take another job in the afternoon. Philadelphia dockworkers struck over this issue in 1967. 11 In the 1964-65 negotiations, the contract was ratified in New York and New Orleans shortly after agreement was reached, but the longshoremen did not return to work. The NYSA and New Orleans Steamship Association successfully filed suits to require the groups to return to work. 12 Longshoremen at Jacksonville, F la ., M obile, A la ., and Baton Rouge, L a., and West Gulf ports did not return to work at that tim e. However, work was resumed in Mobile on February 25 and at Jacksonville on March 1. The West Gulf ports and Baton Rouge, where dockworkers demanded the New York container clause rather than the one for New Orleans, did not return to work until April 2 and March 14, respectively. Operations were resumed in Beaumont, Orange, and Port Arthur, April 13. 13 Work was not resumed in New England ports until March. At Boston, where employers demanded concessions in work rules in exchange for higher wages, benefits, container clause, and guaranteed annual wage, work was resumed April 2. Appendix A Labor M anagem ent R elations A ct, 1947, as Am ended by P ublic Law 86-257, 1959 N ational E m ergen cies Sec. 206. W henever in the opinion of the P resid en t of the United S tates, a th rea t ened or actual strik e or lockout affecting an en tire industry or a substantial part thereof engaged in trade, co m m erce, transportation, tra n sm issio n , or com m unication am ong the sev era l States or w ith foreign nations, or engaged in the production of goods for co m m erce, w ill, if perm itted to occur or to continue, im p eril the national health or safety, he m ay appoint a board of inquiry to inquire into the is su e s involved in the dispute and to m ake a w ritten report to him w ithin such tim e as he sh all p re sc rib e. Such report shall include a statem ent of the facts with resp ect to the dispute, including each party's statem ent of its p osition but shall not contain any recom m en dations. The P resid en t sh all file a copy of such report w ith the S ervice and shall m ake its contents available to the public. Sec. 207. (a) A board of inquiry sh all be com posed of a chairm an and such other m em b ers as the P resid en t sh all d eterm in e, and sh all have pow er to sit and act in any place w ithin the United States and to conduct such h earin gs w ither in public or in p rivate, as it m ay deem n e c e ssa r y or proper, to a scerta in the facts with re sp e ct to the ca u ses and c ir cu m stances of the dispute. (b) M em bers of a board of inquiry shall re ceiv e com pensation at the rate of $50 for each day actually spent by them in the work of the board, together with n e c e ssa r y travel and su b sisten ce ex p en ses. (c) F or the purpose of any hearing or inquiry conducted by any board appointed under this title , the p ro vision s of sectio n s 9 and 10 (relatin g to the attendance of w itn e sse s and the production of books, p apers, and docum ents) of the F ed era l T rade C om m ission Act of Septem ber 16, 1914, as am ended (U.S.C . 19, title 15, se c s . 49 and 50, as am ended), are hereb y m ade applicable to the pow ers and duties of such board, Sec. 208. (a) Upon receiv in g a report from a board of inquiry, the P resid en t m ay d irect the A ttorney G eneral to petition any d istrict court of the United States having ju r is diction of the p arties to enjoin such strike or lockout or the continuing th ereof, and if the court finds that such threatened or actual strik e or lockout— (i) affects an en tire industry or a substantial part th ereof engaged in trade, co m m er ce, transportation, tra n sm issio n , or com m unication am ong the sev er a l States or w ith foreign nations, or engaged in the production of goods for com m erce; and (ii) if p erm itted to occur or to continue, w ill im p eril the national health or safety, it sh all have ju risd ictio n to enjoin any such strik e or lockout, or the continuing th ereof, and to m ake such other ord ers as m ay be appropriate. (b) In any ca se, the p ro vision s of the Act of M arch 23, 1932, entitled "An A ct to am end the Judicial Code and to define and lim it the ju risd ictio n of courts sittin g in equity, and for other p u rp oses," sh all not be applicable. (c) The order or ord ers of the court shall be subject to review by the appropriate circu it court of appeals and by the Suprem e Court upon w rit of c e rtio ra r i or certifica tio n as provided in sectio n s 239 and 240 of the Judicial Code, as am ended (U .S .C ., title 29, s e c s. 346 and 347). Sec. 209. (a) W henever a d istrict court has issu ed an order under section 208 en joining acts or p ra ctices w hich im p eril or threaten to im p eril the national health or safety, it sh all be the duty of the p arties to the labor dispute giving r ise to such order to m ake ev ery effort to adjust and settle their d iffere n ces, with the a ssista n c e of the S ervice created by this Act. N either party shall be under any duty to accept, in whole or in part, any proposal of settlem en t m ade by the S erv ice. 83 84 (b) Upon the issu a n ce of such ord er, the P resid en t sh all recon ven e the board of. inquiry w hich has p rev io u sly rep orted w ith re sp e ct to the dispute. At the end of a 60-d ay p eriod (u n less the dispute has been settled by that tim e), the board of inquiry sh all report to the P resid en t the current p osition of the p a rties and the efforts w hich have been m ade for settlem en t and sh all include a statem ent by each party of its p osition and a statem en t of the em ployer*s " la st offer" of settlem en t. The P resid en t shall m ake such report availab le to the public. The N ational Labor R elation s Board, w ithin the su cceed in g 15 days, sh all take a s e c r e t ballot of the em p lo y ees of each em ployer involved in the dispute on the qu estion of w hether they w ish to accept the final offer of settlem en t m ade by their em p loyer as stated by him and sh all certify the r e su lts th ereof to the A ttorney G eneral w ithin 5 days th erea fter. Sec. 210. Upon the certifica tio n of the r e su lts of such ballot or upon a settlem en t being reached, w h ichever happens soon er, the A ttorney G eneral sh all m ove the court to d is charge the injunction, w hich m otion sh all then be granted and the injunction d isch arged . When such m otion is granted, the P resid en t sh all subm it to the C on gress a full and com p reh en siv e rep ort of the p ro ceed in g s, including the findings of the board of inquiry and the ballot taken by the N ational Labor R elations B oard, together w ith such recom m en d ation s as he m ay see fit to m ake for co n sid eration and appropriate action. Appendix B. H ig h lig h ts o f N ation al E m e r g e n c y D is p u te s , 1947—68 S trik e sta tu s In d u stry D ate o f d isp u te 1 B itu m in o u s c o a l m in in g ___ M ar. 1 5 -A p r . 12, 1948 June 19—24, 1948 S ep t. 19, 1 9 4 9 -M a r . 5, 1950 M ar. 15—June 5, 1948 M e a tp a c k in g ___________ A to m ic e n e r g y ______ ___ ___ M ar. 5—June 15, 1948 Ju ly 6—N ov. 7, 1954 Ju ly 6—A ug. 18, 1954 M ay 10—A ug. 5, 1957 B a s ic s t e e l ____ ___ _____ Ju ly 15, 1959—Jan . 28, I960 S e ttle m e n t r e a c h e d W ith in ju n ctio n L a st A p p r o x i In A fte r o ffe r W ithout m a te p r o g r e s s H alted 8 0 -d a y W ithin by b a llo t in ju n c c a le n d a r b e fo r e in ju n c c o o lin g -o ff 8 0 -d ay tion du ration in ju n c tion p e r io d c o o lin g -o ff (d ays) tion p e r io d W ithout A fte r str ik e s tr ik e 41 3 2 0 ,0 0 0 X X N one (3 ) _ * N on e No s tr ik e X N um ber of w orkers in v o lv e d 2 3 3 7 ,0 0 0 8 3 ,0 0 0 4, 500 1 ,5 0 0 116 82 (4 ) ___No injuric tio n __ X No str•ike 4 I 5x No str ik e X 6 1 1 5x 1 N one - X X - - - N one _ X _ - R e je c te d R e je c te d N on e R e je c te d - 7R e je c te d X - X _ X X 116 X X - *x 4 0 ,0 0 0 12 X X _ X 2, 000 83 X X - X - - F a b r ic a te d m e ta l p r o d u c t s ..._______________ _ A ug. 29, 195 2—F e b . 20, 1953 1 ,6 0 0 106 X X - X - - A ir c r a ft-a e r o s p a c e . 8, 800 76 X X _ X N o n fe r ro u s s m e ltin g ______ A ug. 27—N ov. 5, 1951 S ep t. 30, 1 9 6 6 -F e b . 3, 1967 A p r. 2—A u g. 12, 1962 N ov. 28, 1962—Jan . 27, 1963 Jan . 23—M ay 10, 1963 O ct. 1 7 -D e c . 11, 1966 A p r. 15—July 3, 1967 S h ip b u ild in g ________________ N ov. 4, 1966—Ju ly 18, 1967 M a r itim e _______ __________ June 3—N ov. 25, 1948 June 16—Sep t. 21, 1961 17 M a r. 16—Ju ly 16, 1962 21 S tev ed o rin g ____ .. A ug. 17—N ov. 28, 1948 O ct. 1, 1 9 5 3 -D e c . 31, 1954 N ov. 16, 1 9 5 ^ -F e b . 22, 1957 O ct. 1—D e c . 26, 1959 O ct. 1, 1962—Jan . 26, 1963 Sep t. 30, 1 9 6 4 -M a r . 13, 1965 S ep t. 30, 1968—F e b . 25, 1969 M ay 18—June 4, 1948 5 1 9 ,0 0 0 2 0 ,0 0 0 6, 100 2, 400 9X 2 No str ik e X 2 X 1 8R e je c te d N one N one N one X _ X - - N one ( 10) N one R e je c te d - nx - (H) ( 13) 19x ( 14) 9X _ X _ X _ X X - - 9, 700 130 12 28, 000 2, 700 5 ,0 0 0 95 32 27 X 18x X X 4 5 ,0 0 0 18 _ _ _ _ 3 0 ,0 0 0 34 X X - _ - X 6 0 ,0 0 0 5 2 ,0 0 0 20 8 X X - - - X X X - X - - 5 0 ,0 0 0 39 X X - - - X R e je c te d 5 3 ,0 0 0 62 X X - - - X N one _ X _ _ - X - (* ) ( 19) 20R e je c te d (22) X R e je c te d 15 X N one R e je c te d 23 R e je c te d X 70 X X R e je c te d No s ti•ike X ____________ 1 ___________ 1 ____________ 1 ________ 1 D efin ed a s fr o m th e b e gin n in g of a s tr ik e or th e a p p oin tm en t of a B oard o f In q u iry to date of s e ttle m e n t. 2 R e fe r s to th o se in a b a rg a in in g unit or to th o se d ir e c tly in v o lv e d in th e s tr ik e . 3 S tr ik e r s re tu r n ed to w o r k about 3 w e e k s a fte r a te m p o r a r y r e str a in in g o r d e r w a s is s u e d . 4 In ju n ction is s u e d . In c o n tem p t p r o c e e d in g s , the union w a s found not g u ilty of o r d e r in g con tin u ation o f the s tr ik e . 5 S trik e h a lte d v o lu n ta r ily b e fo r e in ju n ctio n w a s is s u e d . 6 1 la r g e and a n u m b er o f m in o r p r o d u c e r s r e a c h e d a g r e e m e n t a fte r the in ju n ctio n w a s d is s o lv e d . 7 R e je c te d by e m p lo y e e s o f 4 s m a ll c o m p a n ie s. 8 1 m a jo r p r o d u c e r s e ttle d b e fo r e th e in ju n ctio n w a s is s u e d , and the o th e r m a jo r p r o d u c e r s s e ttle d w ith in th e in ju n ctio n p e r io d . T he la s t o ffe r b a llo t w a s h e ld in p la n ts of 8 c o m p a n ie s . 9 S trik e h a lte d , on r e q u e st o f m e d ia to r s , b e fo r e in ju n ctio n w a s is s u e d . 10 N L R B e le c tio n h e ld , but r e s u lts not o ffic ia lly an n ou n ced . 11 Som e is s u e s w e r e se ttle d b e fo r e and d u rin g th e in ju n ctio n p e r io d . P a r t ie s a g r e e d to ( l) su b m it u n r e s o lv e d is s u e s to B o a rd of In q u iry , (2) exten d n o -s tr ik e p e r io d b eyon d in ju n ctio n p e r io d , and (3) r e q u e st N L R B s u p e r v is e d la s t - o f f e r b e fo r e r e a c tiv a tin g s tr ik e . S e ttle m e n t, r e a c h e d a fte r in ju n ctio n p e r io d w ith ou t s tr ik e , r a tifie d in N L R B b a llo t. 12 D isp u te in v o lv e d th e ILW U on th e P a c ific C o a st and 6 m a r itim e un ion s on th e A tla n tic , G u lf, and P a c ific C o a s ts , and th e G r e a t L a k e s . A s tr ik e o c c u r r e d o n ly on th e P a c ific C o a st a fte r th e in ju n ctio n w a s d is s o lv e d . 13 On th e A tla n tic and G u lf C o a s ts . 14 On the G rea t L a k es a fte r the in ju n ctio n w a s d is s o lv e d . 15 On th e P a c ific C o a st. 16 B a llo t w a s b o y co tte d by th e ILW U and not c o m p le te d fo r o ff -s h o r e un ion b e fo r e th e in ju n ctio n w a s d is s o lv e d . 17 In v o lv ed 7 m a r itim e un ion s on the A tla n tic , G u lf, and P a c ific C o a s ts . 18 S e ttle m e n ts w ith a n u m b er of the un ion s w e r e c o n clu d ed b e fo r e the in ju n ctio n w a s is s u e d . 19 6 o f the 7 u n ion s-h ad s e ttle d b e fo r e th e e x p ir a tio n o f th e in ju n ctio n p erio d ; 1, on th e P a c ific C o a st, s e ttle d la te r a fte r a s tr ik e . 20 B y 1 u n ion . 21 In v o lv ed 3 d iv is io n s o f 1 un ion on th e P a c ific C o a st and H a w a ii. 22 B a llo t m a ile d but r e s u lts not c e r tifie d b e c a u se s e ttle m e n t w a s r e a c h e d b e fo r e end o f vo tin g p e r io d . 23 L a st o ffe r r e je c te d in W est G u lf C o a st P o r t s . 24 M ost p o rts had s e ttle d by M arch 1969. S till on s tr ik e at th is tim e w e r e B o sto n , J a c k s o n v ille , F la . , B aton R ou ge, L a . , and W est G u lf C o a st P o r ts . T e le p h o n e s 24 5 0 , 0 0 0 X 85 A ppendix C S e le c te d B ib lio g r a p h y on N a tio n a l E m e r g e n c y D isp u te s A a ro n , B en ja m in . “P u b lic - I n t e r e s t D is p u te s and th e ir S e ttle m e n t: O b s e r v a tio n s on the U n ited S ta te s E x p e r ie n c e .” L ab or L aw J o u r n a l, A u gu st 1963. ______________ . “ T he B u gab o o of S o v e r e ig n ty and N a tio n a l E m e r g e n c y D is p u t e s .” In d u str ia l R e la tio n s R e v ie w , V ol. VI, 1955. B e r n s te in , Irv in g , H. L . E n a r so n , and R. W. F le m in g , e d s . E m e r g e n c y D isp u te s and N a tio n a l P o lic y , H a r p er and B r o th e r s , N ew Y ork , 1955. ______________ _, and H . G. L o v e ll. “A re C o a l S tr ik e s N a tio n a l E m e r g e n c ie s ? ” In d u str ia l and L ab or R e la tio n s R e v ie w , A p r il 1953. B la ck m a n , John L . P r e s id e n tia l S e iz u r e in L ab or D isp u te s. H a rv a rd U n iv e r s ity P r e s s , C a m b rid g e , M a s s a c h u s e tts , 1967. C h a m b e r la in , N e il W. “S tr ik e s in a C o n te m p o r a r y C o n te x t.” I n d u str ia l and L ab or R e la tio n s R e v ie w , Ju ly 1967. _______________, and J. M, S c h illin g . T he Im p a ct of S tr ik e s. H a r p er and B r o th e r s , N ew Y ork, 1954. C o le , D a vid L . “ G o v e r n m e n t’ s P a r t in L ab or D is p u t e s .” T he Q u e st fo r Indus tr ia l P e a c e , M c G r a w -H ill, N ew Y o rk , 1963. C o m m itte e fo r E c o n o m ic D e v e lo p m e n t, L ab or Study G roup. T he P u b lic I n te r e s t in N a tio n a l L ab or P o lic y . N ew Y ork , 1961. C o x, A r ch ib a ld . L aw and th e N a tio n a l L ab or P o lic y . In stitu te of In d u str ia l R e la tio n s , U n iv e r s ity of C a lifo r n ia , L o s A n g e le s , I960. C ra w fo rd , R o b ert C. “G o v ern m en t In te r v e n tio n in E m e r g e n c y L ab or D isp u te s in A to m ic E n e r g y .” L ab or L aw J o u r n a l, June 1959. C u llen , D onald E . N a tio n a l E m e r g e n c y S tr ik e s . N ew Y ork S tate S ch o o l of In d u str ia l and L ab or R e la tio n s P u b lic a tio n s , Ith a ca , 1968. _______________. “T he T a ft-H a r tle y A ct in N a tio n a l E m e r g e n c y D is p u t e s .” In d u str ia l and L ab or R e la tio n s R e v ie w , O cto b er 1953. D ish m a n , R o b ert B. “ T he P u b lic I n te r e s t in E m e r g e n c y L ab or D is p u t e s .” A m e r ic a n P o lit ic a l S c ie n c e R e v ie w , D e c e m b e r 1951. D u nlop, John T. “ T he S e ttle m e n t of E m e r g e n c y D is p u t e s .” P r o c e e d in g s of F ifth A n nual M eetin g , In d u str ia l R e la tio n s R e s e a r c h A s s o c ia tio n , 1953. F le m in g , R obben W. E m e r g e n c y S tr ik e s and N a tio n a l P o lic y . U n iv e r s ity of I llin o is B u lle tin , V ol. 57, N o. 76, U rb a n a , I llin o is , I960. 87 88 G a rre tt, S ylvester. “The E m ergency Dispute P ro v isio n s of the T aft-H artley Act.* P ro ceedings of T hird Annual M eeting, In d u strial R elations R esearch A ssociation, 1951. H ildebrand, G eorge. "An Econom ic D efinition of the N ational E m ergency D ispute.* In d u strial R elations R eview , Vol. VI, 1955. H o rlach er, John P. “A P o litical Science View of N ational E m ergency D isputes.* Annals of the A m erican Academ y of P o litical and Social S cience, Janu ary 1961. In d u strial R elations C ounselors. E m ergency D isputes: A N ational L abor P olicy P ro b le m , New York, 1961. Johnson, David B. “Dispute S ettlem ent in Atom ic E nergy P la n ts ,” In d u strial and L abor R elations R eview , O ctober 1959. Jones, Jam es E ., J r. “The N ational E m ergency D isputes P ro v isio n s of the T aft-H artley Act: A View from a L egislative D raftm an’s D esk.” W estern R eserve Law R eview , O ctober 1965. Kennedy, Thom as. “The Handling of E m ergency D ispu tes.” P roceedings of Second Annual M eeting, In d u strial R elations R esearch A ssociation, 1949. M arshall, Anthony P. “New P e rsp ectiv es on N ational E m ergency D isp u tes.” L abor Law Jo u rn al, August 1967. M cD erm ott, T. J. “Ten Y ears of the N ational E m ergency P ro c e d u re s.” L abor Law Jou rn al, M arch 1958. N ational L abor R elations B oard. L egislative H istory of the L abor-M anagem ent R elations A ct, 1947. W ashington, 1948. N orthrup, H e rb e rt R. C om pulsory A rb itratio n and G overnm ent Intervention in L abor D isputes; An A nalysis of E xp erien ce. W ashington, L abor P olicy A ssociation, Inc., 1966. P ie rso n , F ran k . “An E valuation of the N ational E m ergency P ro v isio n s.” In d u strial R elations R eview , Vol. VI, 1955. R ehem us, C h arles M. “T aft-H artley T itle II: An E m ergency at S ea.” L abor Law Jou rn al, O ctober 1963. ____________ . “The O peration of the N ational E m ergency P ro v isio n s of the L abor M anagem ent R elations Act of 1947.” Yale Law Jo u rn al, June 1953. Rohm an, M urry M .*N ational E m ergency D isputes and S eizu re.” L abor Law Jou rn al, Janu ary 1962. Sandberg, C h arles. “E m ergency L abor D isputes and the N ational In te re s t.” L abor Law Jo u rn a l, Janu ary 1965. Shultz, George P. S trikes: The P riv a te Stake and the Public Inte re st. Chicago, G raduate School of B usiness, the U niversity of Chicago (Selected P a p e rs No. 8), 1963. Slovenko, Ralph, ed. Sym posium on L abor R elations. C la ito r’s B ookstore, Baton Rouge, 1961. Smythe, C. F . “Public P olicy and E m ergency D ispu tes.” L abor Law Journal, O ctober 1963. Stevens, C arl M. “ Is C om pulsory A rbitratio n Com patible with B argaining?” In d u strial R elations, F eb ru ary 1966. T aylor, George W. “The Adequacy of T aft-H artley in Public E m ergency D ispu tes.” Annals of the A m erican Academ y of P o litical and Social Science, January 1961. ______________. “The Public In te re st-V ariatio n s on an Old T hem e.” P roceedings of the E ighteenth Annual M eeting, N ational Academ y of A rb itra to rs, 1965. T e lle r, Ludwig. “What Should be Done about E m ergency S trik es?” Labor Law Journal, January 1950. U.S. L ib rary of C o ngress, L egislative R eference S ervice, F e d e ra l L egislation to End S trikes: A D ocum entary H istory. Staff R eport to 90th C ongress, 1st Session, W ashington, 1967. U.S. P resid en t, A dvisory C om m ittee on L abor-M anagem ent Policy. F re e and R esponsible C ollective B argaining and In d u strial P e a c e , W ashington, 1962. U.S. Senate, C om m ittee on L abor and Public W elfare. N ational E m ergency Labor D isputes Act, Senate R eport 2073, 82nd C ongress, 2nd Session, 1952. U.S. Senate, C om m ittee on the Jud iciary. Providing for the E stablishm ent of a United States C ourt of L abor-M anagem ent R elations; H earing before the Subcom m ittee on Im provem ents in Judicial M achinery, 90th C ongress, 1st Session, 1967. U.S. Senate. E m ergency D isputes Settlem ent. Staff R eport to the Subcom m ittee on L abor and Labor M anagem ent R elations, 82nd C ongress, 2nd Session, 1952. W aldman, L ouis. “N ational E m ergency S trikes: The Need for P ro ced u res and D evices.” P roceedings of 16th C onference on L abor, New York U niversity, New York, 1963. W arren, E dgar L. “T hirty -S ix Y ears of N ational E m ergency S trik e s.” In d u strial and Labor R elations R eview , O ctober 1951. Yabroff, B ernard, and D. P. W illis, J r. “F ed eral S eizures in L abor-M anagem ent D isputes, 1917-52.” Monthly L abor Review, June 1953. Recent Publications in Industrial Relations A n aly sis of W ork S toppages, 1967 (BLS B u lletin 16 11, 1969), p ric e 60 c e n ts. A n aly sis of W ork S toppages, 1966 (BLS B u lletin 1573, 1968), p ric e 35 c e n ts. W ork S toppages in C o n tra c t C o n stru c tio n , 1946-66 (BLS R ep o rt 346, 1968), p ric e 35 c e n ts. D ire c to ry of N ational and In te rn a tio n a l L ab o r U nions in th e U nited S ta te s , 1967 (BLS B u lletin 1596, 1968), p ric e 60 c e n ts. M ajo r C o llectiv e B arg ain in g A g re e m e n ts: G rie v a n c e P ro c e d u re s (BLS B u lletin 1425-1, 1964), p ric e 45 c e n ts. S ev eran ce P a y and L ayoff B en efit P la n s (BLS B u lletin 1425-2, 1965), p ric e 60 c e n ts. S up plem en tal U nem ploym ent B en efit P la n s and W ag e-E m p lo y m en t G u a ra n te e s (BLS B u lletin 1425-3, 1965), p ric e 70 c e n ts. D e fe rre d W age In c re a s e and E s c a la to r C lau ses (BLS B u lletin 1425-4, 1966), p ric e 40 c e n ts. M an agem ent R ights and U n io n-M anag em ent C o o p eratio n (BLS B u lletin 1425-5, 1966), p ric e 60 c e n ts. A rb itra tio n P ro c e d u re s (BLS B u lletin 1425-6, 1966), p ric e $1. T ra in in g and R e tra in in g P ro v isio n s (BLS B u lletin 1425-7, 1969), p ric e 50 c e n ts. S ub con tractin g (BLS B u lletin 1425-8, 1969), p ric e 55 c e n ts. P a id V acatio n and H oliday P ro v isio n s (BLS B u lletin 1425-9, 1969), p ric e $1 . 25. For a listing of other industrial relations studies, write for A D ire c to ry of BLS S tudies in In d u s tria l R elatio n s, 1954-65 ☆ U. S. GOVERNMENT PRINTING OFFICE : 1969 O - 361-920 B U R E A U O F L A B O R S T A T IS T IC S R E G IO N A L O F F IC E S Region I Region II 1603-B Federal Building 341 Ninth Ave. New York, N. Y. 10001 Government Center Phone: 971-5405 (Area Code 212) Boston, Mass. 02203 Phone: 223-6762 (Area Code 617) Region III 406 Penn Square Building 1317 Filbert St. Philadelphia, Pa. 19107 Phone: 597-7716 (Area Code 215) Region IV Suite 540 1371 Peachtree St. NE. Atlanta, Ga. 30309 Phone: 526-5418 (Area Code 404) Region VI Region V 337 Mayflower Building 219 South Dearborn St. Chicago, 111. 60604 411 North Akard St. Dallas, Tex. 75201 Phone: 353-7230 (Area Code 312) Phone: 749-3616 (Area Code 214) Regions VII and VIII Federal O ffice Building 911 Walnut St. , 10th Floor Kansas City, Mo. 64106 Phone: 374-2481 (Area Code 816) Regions DC and X 450 Golden Gate Ave. Box 36017 San Francisco, Calif. 94102 Phone: 556-4678 (Area Code 415) * Regions VII and VIII w ill be serviced by Kansas City. ** Regions IX and X w ill be serviced by San Francisco. U.S. D EPA R TM EN T OF LABOR BUREAU OF LABOR STATISTICS W A S H IN G T O N , O FFICIA L D.C. 20212 BU SINESS P O S T A G E AND F E E S P A ID U.S. D E P A R T M E N T OF L A B O R “1 M A IL I I---------------------------------j^T H IR D C L A S S
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