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UNITED STATES DEPARTMENT OF LABOR
L. B. Schwellenbach, Secretary
BUREAU OF LABOR STATISTICS
Ewan Clague, Commissioner
+
Union Agreements in the
C otton-T extile Industry
Bulletin 7v[o. 885
For sale by the Superintendent o f Documents, U. S. Governm ent Printing Office
Washington 25, D. C. - Price 20 cents
Letter o f Transmittal
U n it e d S t a t e s D e p a r t m e n t o f L a b o r ,
B u r e a u o f L a bo r S t a t is t ic s ,
,
,
W ash in gton D . C., S eptem ber 6 1946.
T h e Secretary of L abor :
I have the honor to transmit herewith a report on union agreements in the
cotton-textile industry. The report is based on an analysis of 45 basic collective
bargaining agreements which were in effect in 1945.
This bulletin was prepared by Rose Theodore, under the immediate supervision
of Philomena Marquardt of the Industrial Relations Branch, Boris Stern, Chief.
E w a n C l a g u e , C om m issioner.
Hon.
L.
B.
S c h w e ix e n b a c h ,
S ecreta ry o f Labor.
Bulletin T^o. 885 o f the
United States Bureau o f Labor Statistics
Contents
Extent of collective bargaining________________________________________________
Coverage and duration of agreements________________________________________
Union recognition:
Maintenance of membership_____________________________________________
Closed or union shop_____________________________________________________
Sole bargaining____________________________________________________________
Union activity on company property____________________________________
Collection of union dues__________________________________________________
Wage provisions:
Minimum rates____________________________________________________________
Occupational rates________________________________________________________
Piece rates_________________________________________________________________
Changes in piece rates_______________________________________________
Guaranteed earnings to piece workers______________________________
Miscellaneous piece-rate provisions_________________________________
Work assignments________________________________________________________
Interim wage changes_____________________________________________________
Miscellaneous wage provisions:
Waiting tim e_________________________________________________________
Equal pay for equal work___________________________________________
Bonuses_______________________________________________________________
Transfer rates________________________________________________________
Learners7 rates_______________________________________________________
Insurance benefits___________________________________________________
Safety and health____________________________________________________
Hours, shift provisions, and overtime:
Hours and overtime____________________ .--------------------------------------------------Pay for week-end work___________________________________________________
Holidays___________________________________________________________________
Shifts ____________________________________________________________________
Paid vacations_________________________________________________________________
Leave of absence_______________________________________________________________
Seniority provisions:
Seniority unit_____________________________________________________________
Probationary period______________________________________________________
Preferred status for special groups----------------------------------------------------------Lay-off and rehiring______________________________________________________
Work sharing________________________________________________________
Application of seniority_____________________________________________
Retention of seniority in lay-off____________________________________
Promotions________________________________________________________________
Loss of seniority rights___________________________________________________
Posting of seniority list___________________________________________________
General____________________________________________________________________
(V)
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Veterans________________________________________________________________________
Adjustment of disputes:
Grievance procedure______________________________________________________
Arbitration________________________________________________________________
Provisions governing discharge of workers___________________________________
Strikes and lock-outs___________________________________________________________
Appendix A_____________________________________________________________________
Agreement N o. 1— Textile Workers Unionof America (C IO )_________
Agreement N o. 2— United Textile Workers of America (A F L )________
(VI)
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59
Union Agreements in the Cotton-Textile Industry1
Extent of Collective Bargaining
Approxim ately a third o f the 407,000 wage earners in the cottontextile industry are now covered by union agreements, including almost
70 percent o f the workers in the northern cotton mills, and somewhat
less than 20 percent in the southern mills.2
The largest unions in the
industry are the Textile W orkers Union o f America (C I O ) and the
United Textile W orkers o f America ( A F L ) .3
The former represents
more than four-fifths o f the workers under agreement; the latter
almost one-fifth.
Coverage and Duration of Agreements
Based on an analysis of 45 cotton-textile agreements on file in the
Bureau o f Labor Statistics and in effect in 1945, this study embraces
more than 80,000 employees, or 60 percent o f the workers covered by
the 140 agreements in effect in the industry. About h a lf o f the
*The cotton-textile industry, as defined by the 1939 Census of Manufactures, consists
of 4 groups: Cotton broad woven goods, cotton narrow fabrics, cotton yarn, and cotton
thread. These 4 groups are considered jointly in this article.
During the nineteenth century cotton-textile manufacture was concentrated in New
England, but since 1900 the industry has experienced steady expansion in the South.
The 1939 Census of Manufactures shows that three-fourths of the industry’s workers are
employed in the Southern States and the remainder in the New England and Middle At
lantic areas, in 1,248 establishments. The majority of establishments employ less than
500 workers each ; the bulk of employment is found in the larger mills. Those employing
500 or more workers each account for about two-thirds of the industry’s employment.
Prior to the war, approximately one-fifth of the workers were under 20 years of age and
less than 5 percent were 60 years or over. Traditionally, about half of the workers in
this industry have been women.
Relatively few jobs are skilled, and those consist principally of weavers and jobs asso
ciated with machine set-up and maintenance. Most operations are so subdivided that the
bulk of employees are required only for routine attendance of automatic units. The most
important group of semiskilled workers is the spinners.
2 The number of wage earners in the cotton-textile industry was estimated at 407,000 in
September 1945. Employment had increased steadily since 1939, owing to war demands,
to a peak of 541,400 in 1942, the decline after that date being due principally to shifting
of workers to war plants. By 1943, 75 percent of the cotton industry was producing
cotton goods required for the war effort. Almost all producers of combed and carded
yarns had converted to the manufacture of coarser varieties. The mills are now recon
verting to meet the demand for cotton goods for civilian use.
The Bureau’s figures are based upon plants classified by the Census as falling within all
branches of the cotton-manufacturing industry located in the entire Northern area (all
States except those in the South, which includes Alabama, Arkansas, Georgia, Mississippi,
North Carolina, South Carolina, Oklahoma, Tennessee, Texas, Virginia, Kentucky, and
Louisiana, insofar as the BLS tabulations for the cotton-goods industry are concerned),
including many small plants in outlying areas; the figures therefore tend to minimize the
extent of union organization in the leading cotton broad goods branch of the industry
dominated by the large mills concentrated chiefly in the New England area.
3 For a history and discussion of unionization in this industry, see The Cotton Mill
Worker, by Herbert J. Lahne, Farrar and Rinehart, New York, 1944.
(i)
2
workers under the agreements included in this sample are employed
in northern mills, the remainder in southern; more than 85 percent
are under C IO agreements and 15 percent under A F L .
T w o agree
ments cover more than a fourth o f the total workers under the agree
ments analyzed.
One o f these, negotiated by the New Bedford Cotton
Manufacturers Association and the F all River Textile Manufacturers
Association, jointly, includes 19 companies and 17,500 employees; the
other, negotiated by the Riverside and Dan River Cotton M ills, Inc.,
covers 2 m ills and 10,500 workers.
O f the remaining agreements,
27 cover between 1,000 and 5,000 workers; 14, between 500 and 1,000;
and 2, fewer than 500. Tw o agreements, in addition to the Riverside
and D an River agreement, each cover 2 mills o f the signatory com
panies.
More than h alf of the agreements were signed by management and
the international as well as the local union.
The others were signed
by either the company and the local, or the company and the inter
national union.
Twenty-five agreements, covering over 50 percent of the employees,
were originally negotiated for a period o f 1 y e a r; while 15, covering
over 40 percent o f the employees, were to continue in force for periods
varying from 15 months to 2 years (in 1 instance for 2 years or until 2
months after the end of the war, whichever is longest). Four agree
ments were negotiated for periods o f less than 1 year. T he re
maining agreement (negotiated in 1935) has no definite termination
date, continuing in effect until canceled by mutual consent, or by either
party on 60 days’ notice.
More than three-fourths of the agreements are automatically re
newed from year to year unless notice o f intention to change or
terminate is given by either party. Notice may be given from 30
to 60 days before expiration, according to the contract involved, but
30 days is the period most frequently specified.
Tw o o f the agree
ments require a 60-day notice to m odify and a 30-day notice to termi
nate.
Tw o agreements are renewable for 1 year on ly; 1 continues
after the first year until canceled on 60 days’ notice.
make no provision for renewal.
S ix agreements
The terms and conditions o f 4 agreements are binding upon any
successors or assignees o f the signatory parties.
In 2 agreements this
applies to the signatory company o n ly ; in another it applies only if
the succeeding union is under the same national affiliation ( A F L ) .
A n eighth agreement specifies that it continues in effect if the name o f
the union is changed.
Supervisors, foremen, and office and clerical employees are ex
cluded in all instances, with “second hands”
(assistant overseers)
specifically excluded in about h alf of the agreements.
In addition,
3
many agreements exclude such occupational groups as technicians,
laboratory employees, timekeepers, truck drivers, yardmen, and sales
force, and less frequently plant-protection employees.
Union Recognition
MAINTENANCE OF MEMBERSHIP
O f the 45 agreements analyzed, 19, covering approximately 45
percent o f the workers, contain maintenance-of-membership clauses.
Under these, employees are not required to join the union, but those
who are members o f the union or who may subsequently become
members, must maintain their membership in good standing as a con
dition o f employment.
CHART I
TYPES OF UNION RECOGNITION IN
COTTON-TEXTILE AGREEMENTS STUDIED
1945
MEMBERSHIP
MAINTENANCE
UNITED STATES DEPARTMENT OF LABOR
BUREAU OF LABOR STATISTICS
UNION SHOP
OTHER TYPES
OF RECOGNITION
APPROXIMATELY 80,000 WORKERS COVERED BY STUDY
In addition, 1 agreement states that maintenance-of-membership
provisions shall remain in effect for a 3-year period, although the
agreement is negotiated for only 1 year, with yearly renewals unless
notice is given.
O nly 3 o f the agreements, including the Riverside
and D an River agreement, provide an escape period (15 days) before
the membership-maintenance provision becomes effective; during this
period employees m ay revoke their union membership.
In addition
to providing for maintenance-of-membership, 2 o f the agreements
721272°— 47----- 2
4
specify that union members shall be given preference in the hiring
o f new employees. Arbitration of disputes over union membership of
any employee is specifically provided in 4 instances.
A
A ll employees who 15 days after the date of the execution of this contract are
members of the union in good standing in accordance with the constitution and
bylaws, and all employees who become members after that date, shall, as a con
dition of employment, maintain their membership in the union in good standing
for the duration o f this contract.
B
Each employee who is a member of the union upon the date of the execution
of this agreement, and each employee who thereafter voluntarily becomes a
member of the union, shall, as a condition of continued employment by the
company during the life of this agreement or any renewal thereof, remain a
member of the union in good standing during the life of this agreement or any
renewal thereof.
CLOSED OR UNION SHOP
W h ile none o f the agreements analyzed grants a closed shop,4 8
covering 25 percent of the employees, establish union-shop conditions.
Under these agreements, the employer has control over the hiring o f
new employees but nonmember recruits must join the union within a
specified time— usually 30 days, but varying from 2 to 6 weeks. In 2
o f the agreements, the union-shop provisions are modified by exempt
ing all presently employed nonmembers from the requirement to join
the union, but requiring those who are already union members to main
tain their membership during the term o f the agreement. In another—
the New Bedford and F all River— the employer is required to give
preference to union members in hiring new employees; i f such workers
are not available, the employer may hire nonmembers from any source,
provided they join the union within 30 days.
Union Shop With Preferential Hiring
( See Appendix A, Agreement No. 1, paragraphs 7 and 8.)
Union Shop
AU employees of the company covered by this agreement on the effective day
hereof must, within 30 days from said date become members of the union in
4 The New Bedford Manufacturers Association has informed the Bureau that they con
sider the New Bedford and Fall River Associations “ have a closed [shop] contract for those
employees [for] whom they [the union] are the certified bargaining agent.” The Bureau’s
definition of the closed shop varies somewhat from that understanding. Its definition is
that under closed-shop agreements all employees are required to be members of the appro
priate union at the time of hiring, and they must continue to be members in good standing
throughout their period of employment. Under a union-shop agreement, new employees
need not be union members when hired. They must, however, become members within a
specified time, usually 30 to 60 days, as a condition of continued employment. When a
union-shop agreement, in addition to requiring that all employees join the union within
a specified probationary period, states that union members shall be given preference in
hiring, it differs very little in effect from the closed-shop agreement.
5
good standing as a condition of employment for the duration of the agreement.
All employees hired after said date must become members of the union within
30 days from the date of the commencement of their employment and must there
after remain members of the union in good standing as a condition of employ
ment for the duration of the agreement.
SOLE BARGAINING
Seventeen agreements, covering almost 30 percent o f the employees,
grant the unions sole bargaining rights for the workers covered.
An
other agreement limits the union to bargaining for its members only.
A
The company agrees to recognize the union as the sole and exclusive collective
bargaining agency in all matters pertaining to wages, hours, or other conditions
of employment for all employees of the company, except executives, superintend
ents, overseers, foremen, technical, clerical, watchmen, supervisory, and office
employees.
B
The employer recognizes the union as the sole bargaining agent for all the pro
duction, maintenance, and shipping-room employees, excluding executive officers,
foremen, supervisors, office employees, watchmen, and guards.
UNION ACTIVITY ON COMPANY PROPERTY
Union activity or solicitation o f membership on company time is
specifically prohibited in approximately two-thirds o f the agreements.
In addition, several o f these agreements also prohibit such solicitation
on company property.
In a number o f agreements, access to company property is granted
the union representative or business agent to investigate working con
ditions, to negotiate grievance disputes, and to carry out the provisions
o f the agreement.
A
The union agrees that there will be no solicitation or collection of dues on the
property of the company. The union further agrees that there will be no solicita
tion of union membership in any manner which will interfere with the production
or the proper operation of the mill.
B
The union agrees that there shall be no solicitation of union membership during
the actual working hours of the persons concerned.
COLLECTION OF UNION DUES
Provision for some form o f check-off of union dues by the company
is made in 32 agreements, including almost 70 percent o f the employees.
However, only 7 o f these, covering a small portion o f the workers,
establish automatic check-off.
O f the 7 agreements, 5 provide for
maintenance-of-membership and 2 for a union shop.
6
In the remaining 25 agreements, the deduction o f an employee’s
union dues from his pay is made only by individual authorization.
Seven o f these further state that an employee’s check-off authorization
is not revocable during the term o f the agreement; in addition, 7
extend this provision for the term o f any renewal o f the agreement
unless notice o f intent to revoke is given within a specified time prior
to the renewal. I n the case o f factories producing cotton duck urgently
needed for the war, the union agreed in a supplement to one o f these
agreements, to delay action in the event any members decline to renew
check-off authorization and to withhold possible expulsion for this
reason.
This modification was to continue in effect for 6 months, at
the end o f which time the union agreed to review the situation with
the company before taking any action in regard to possible expulsions.
The union, however, reserved the right to resume its regular proce
dure at any time in the event the war requirements for the material
were reduced.
CHART 2
PROVISION FOR CHECK-OFF OF UNION DUES
IN COTTON-TEXTILE AGREEMENTS STUDIED
1945
CHECK-OFF BY
INDIVIDUAL AUTHORIZATION
UNITED STATES DEPARTMENT OF LABOR
BUREAU OF LABOR STATISTICS
AUTOMATIC
CHECK-OFF
NO
CHECK-OFF
APPROXIMATELY 80,000 WORKERS COVERED BY STUDY
The maximum amount to be deducted, ranging from 25 to 50 cents
a week, is specified in 12 instances.
Under 6 agreements, union dues
are not to be checked off for any week the employee does not earn pay,
and under another agreement, for any week in which the employee
earns less than $5.
7
Several agreements prohibit collection o f dues on company prop
erty or company time, while only one specifically permits collection
o f dues during Working hours providing this does not interfere with
production.
Automatic Check-Off
A
The union will furnish the company with a certified list of its members as of
the date of this agreement and will thereafter furnish additional names as new
members are taken into the union. I f any employee on such list asserts that
he or she is not a member of the union, or if any dispute arises as to whether
an employee is or is not a member of the union in good standing, the dispute
shall be adjudicated by an arbiter appointed under the provisions of section —
of this contract.
The company shall each week deduct from the wages of members of the union
their union dues and turn same over weekly to the financial secretary of the
local union. The local union will notify the company, over the seal and signa
ture of its principal officers, of the amount of weekly dues to be deducted.
No dues deductions will be charged to any employee in any week in which said
employee does not earn pay.
B
The employer hereby agrees to deduct weekly from the wages of each employee
the union dues payable by each employee to the union. It is understood and
agreed that the union dues payable by members of the union shall be — cents
per week. The employer hereby agrees to pay over to the union on each and
every pay day the total sum of union dues collected.
Check-Off by Individual Authorization
A
The company agrees that during the life of this agreement and any renewal
thereof it will deduct weekly from the wages due any employee the union dues
of such employee, upon the filing with the agent of the company of a written
request for such deduction, signed by such individual employee. The company
shall, on or about the 10th of each month, pay over the amount of such deduc
tions made the preceding month to the union or its designee, against its written
receipt in the name of the union * * *. Such authorizations shall be irrev
ocable during the life of this agreement and any renewal thereof.
B
The employer will recognize and honor authorizations signed by individual
union members, directing and empowering the employer to deduct weekly from
the pay of such union members and transmit monthly to the financial secretary
of local — union dues in accordance with the written authorization card, which
shall be in the following fo r m :
-----,1943,
I, the undersigned, an employee of t h e -----------, hereby authorize and direct
t h e -----------to deduct from my wages — cents a week as my membership dues in
the Textile Workers Union of America, CIO, Local — , for each week in which
I draw a pay, and to pay the same to Local — . This authorization shall be
8
irrevocable during the term of the contract between ----------- and the Textile
Workers Union of America, CIO, or any renewal thereof subject to terms of
said contract.
This card is signed voluntarily, and I understand that my employment does
not depend upon my signing it.
N a m e ---------------------- .
A d d r e ss---------------------- .
Soc. Sec. No.
W itn ess:
Wage Provisions 5
MINIMUM RATES
The New B ed fo rd -F a ll River Associations agreement which was
recently negotiated specifies 65 cents an hour, exclusive o f learners
and handicapped workers.
In the remaining 8 agreements which give
plant-wide minimum rates, the minima range from 4 7 % to 5 4 % cents
an hour; 1 specifies a differential o f 5 cents an hour between rates for
males and females.
The minimum rate does not apply to learners
and handicapped workers under 2 o f the 5 agreements.
W a g e regulations in the textile industry were first inaugurated by
minimum wage orders issued by the W age-H ou r Division o f the
United States Department o f Labor under the F air Labor Standards
A ct. B y A p r il 1942 the minimum wage in the southern textile indus
try was 40 cents an hour. Before the end of 1942, the National W a r
Labor Board had brought the minimum in a majority o f textile plants
to 47y2 cents an hour in a decision awarding an across-the-board
increase o f 7 % cents.
The W a r Labor Board’s decision furnished the pattern for numer
ous wage decisions in the textile industry, and also was a determining
factor in the establishment o f a minimum-wage bracket for textile
labor o f 4 7 % cents by the Atlanta Regional Board.
Board raised this to 50 cents.
Later the A tlanta
The Boston Regional Board set
brackets on the basis of piece rate and hourly rate earnings for cotton.
The lowest bracket was 52.03 cents.
The New England Regional
Board has set no brackets for cotton textiles, but has proceeded on a
case-to-case basis.
»
In National W a r Labor Board cases affecting 50,000 workers in 23
southern cotton-textile companies, and more than 50,000 workers
employed in 25 New England cotton and rayon and 6 New Y ork Pennsylvania rayon companies, the Director of Economic Stabiliza
tion approved a new minimum wage on A p ril 7 ,1 945.
5 For additional information on wages and earnings in the industry, see Monthly Labor
Review, October 1944, Earnings in Cotton-Goods Manufacture During the War Y ears; and
Monthly Labor Review, December 1941, Hours and Earnings in Manufacture of Cotton
Goods, September 1940 and April 1941.
9
Under this ordinance a 55-cent minimum was established for all
employees except learners and handicapped persons. Previously the
Board had applied 50 cents an hour as the minimum and employers
had been authorized to raise wages to 50 cents an hour without apply
ing to the Board for approval. The union (Textile W orkers Union
o f America, C IO ) had asked for a 60-cent minimum.
A wage increase o f 5 cents an hour was ordered for all employees
involved in these cases who were classified in occupations for which
the prevailing rate was more than 50 cents an hour.
The Board found that in the wage-rate structure o f most o f the com
panies involved the differentials between unskilled, semiskilled, and
skilled occupations were too narrow for the maintenance o f efficient
production and were an important factor in causing the critical short
age o f war and civilian textiles.
The companies and the union were
directed to establish through collective bargaining a more balanced
wage-rate structure, providing reasonable differentials above the m ini
mum rate. Guide posts were established by the Board for key occu
pations in all three cases. The lowest guide rate in the southern and
New York-Pennsylvania cases was set at 55 cents an hour for common
labor. The lowest in New England was 57 cents for scrubbers and
sweepers. T op guide posts (fo r loom fixers) were $1.02 in the New
England and New York-Pennsylvania cases and 90 cents in the South.
Sixteen o f the companies included in this study (covered by 10
agreements, including the F all River Association agreement, which
at that time did not include the New Bedford Association) were par
ties to the National W a r Labor Board New England wage dispute,
and 6 companies were parties to the southern case. W a g e clauses in
these agreements were therefore superseded by the W a r Labor Board
directives.
Only 11 o f the agreements analyzed contain wage rates and, o f
these, 2 give plant-wide minima with specific occupational rates above
the minimum, 2 give occupational rates only, and 7 only plant-wide
minima. A m on g the agreements providing for plant-wide minima,
the New B e d fo rd -F a ll River agreement, negotiated subsequent to
the W L B directives, grants an 8-cents-an-hour increase over “ present”
rates or, as an alternate, the schedule o f rates as determined by the
Northern Textile Commission (whichever is h igher), with piece and
incentive rates to be adjusted accordingly.
The m ajority o f the 34 remaining agreements provide that present
rates are to be maintained (in some instances unless changed by ma
chinery provided for in the agreement) or that they be increased by
a specified amount. The Riverside and D an River agreement, which
does not contain wage rates, states that wage provisions are omitted
pending the settlement o f the minimum wages issue and a general
wage increase.
10
OCCUPATIONAL RATES
Detailed occupational rates are found in only 4 agreements for
which wage-rate details were available. Occupational rates in 2
agreements range from 52.03 cents to $1,043 per hour and $20.81 to
$41.72 per week.
In the remaining 2 agreements, 1 lists hourly rates
o f 4 7 % to 7Sy2 cents, while the other lists hourly rates o f 48.0 to 86.3
cents and pieceworkers’ base rates o f $21.92 to $25.41 weekly.
PIECE RATES
Ten o f the agreements outline methods of setting piece rates and
provide for some form of union participation in their establishment.
Other agreements indicate that piece-rate systems are employed but
no details are given. Under the New B e d fo rd -F a ll River agreement,
piece rates are to be set at a point where 60 percent o f all pieceworkers
(exclusive o f learners) in the same department on the same type o f
work earn a standard base pay on “ full jobs” for a 40-hour week.6
I f this percentage o f workers is unable to earn the standard pay in
any week, their pay is adjusted accordingly. A penalty o f 5 percent
o f base-rate pay for the period, plus make-up pay, is invoked if the
employer fails to adjust the pay.
The agreement further provides
that if 60 percent o f the employees are unable to earn the standard
base-rate pay for 8 consecutive weeks, the piece rate is to be reviewed
and upward adjustment made to enable employees to earn the base
rate, unless the company and the union mutually agree otherwise.
Either the union or the company may institute a grievance concerning
any established piece rates.
Changes in Piece Rates
The New B e d fo rd -F a ll River agreement provides that changes in
basic methods o f pay may be made by mutual consent or by arbitration
award.
On any change o f construction or product, piece rates are
not to be set finally until after a trial period, the length o f which is
to be agreed upon in each instance.
During this trial period, m ini
mum earnings are to be the average earnings on previous jobs.
Guaranteed Earnings to Piece Workers
The New B e d fo rd -F a ll River agreement guarantees each individual
pieceworker (exclusive o f learners and handicapped workers) weekly
earnings equal to the minimum weekly full-tim e, fu ll-job rate o f pay,
amounting to 100 percent o f present base rates; where established
practice in a particular m ill sets a higher minimum, the higher m ini
mum applies.
e In any industry, when the actual hourly earnings fall below the minimum established
under the Fair Labor Standards Act or State laws, whichever is higher, the employer is
required to make up the difference.
721272
U. S. DEPARTMENT OF AGRICULTURE PHOTO BY FORSYTHE
Fig. 1.—View of the first roving process—the slubber
12
Miscellaneous Piece-Rate Provisions
F ive agreements follow the New B ed fo rd -F all Biver pattern for
establishing piece rates, except that 4 weeks is specified instead o f 8,
before a review is made follow ing employees5 failure to earn the
standard rate. Further, there is no provision fo r a penalty should
the company fa il to adjust earnings. Two other agreements provide
for trial periods (one 15 days and the other 30 days) after new rates
are set up, before arbitration may be requested.
Another agreement
guarantees minimum earnings for various jobs, but this minimum is
automatically reduced for any employee who fails to earn it fo r a
specified period.
T he tenth agreement merely provides that any
grievance arising out of a shortage of auxiliary help which impairs
the operator’s earnings is subject to arbitration.
Piece-Rate Systems
(See Appendix A, Agreement No. 1, paragraphs 19 to 30.)
W ORK ASSIGNMENTS
Provisions for changes in work assignments are included in 35
agreements, covering 90 percent o f the employees under the agree
ments analyzed. Although all o f the 35 grant the employer the right
to institute new work assignments or change existing assignments,
nearly all o f these stipulate that advance notice must be given to the
union, after which the new assignments are subject to a trial period
ranging from 20 days to 6 weeks, but most commonly 4 weeks. These
provisions are limited in many instances to technological or other
than routine changes. The amount o f notice to be given, specified
in a number of the agreements, ranges from 7 days to 2 weeks. T he
New B e d fo rd -F a ll Biver agreement provides that the employer shall
n otify the union o f any proposed technological changes, giving details,
including anticipated earnings, and that both parties shall meet for
discussions at least 2 weeks prior to the change.
A number o f other
agreements follow this pattern in general, although not in as much
detail.
Provisions protecting the employee against any reduction in his
average hourly earnings during the trial period are included in a
number o f agreements, including the Biverside and D an B iver
agreement.
W o rk assignments are subject to arbitration after a trial period,
under 29 agreements covering over 80 percent o f the employees; in
some o f these, the regular grievance procedure must be followed before
arbitration may be requested.
T w o agreements prohibit reopening of work assignments for either
6 months or 1 year after negotiation or arbitration.
( See Appendix A, Agreement No. 1, paragraphs 39 to 47.)
13
INTERIM WAGE CHANGES
Provisions for general wage changes during the term o f the agree
ment are included in almost all instances. Under 20 agreements a
general revision o f wages may be requested by either party at any
time, although some o f these prohibit further reopening o f the question
for a specified time after an adjustment or arbitration award has been
made.
Usually, written notice o f from 5 to 30 days, outlining the
proposed changes, is required.
Tw o of these agreements further
provide for automatic adjustment in the event o f a general wage
change in the industry.
Under 11 agreements, general wage changes are permitted at speci
fied intervals, at the request o f either party— all semiannually, except
1 which permits changes quarterly.
Provision is made also in 2 of
these agreements for automatic adjustment if there is a general
increase or decrease o f wages in the industry; in 1 o f these the strike
prohibition is lifted if reductions are made without the union’s written
approval. Under 1 agreement, both parties are to negotiate immedi
ately in the event o f a general revision o f rates in the competitive
cotton-textile industry, while another stipulates that any reduction
must be by mutual consent. Four others provide only for automatic
adjustment o f rates— 2 in the event o f an increase or decrease and 2 in
the event o f an increase only.
Arbitration o f general wage changes is provided under most o f these
agreements, although it is specifically prohibited in 4.
A t Request of Either Party
A
Either party to this agreement may propose to the other at any time adjust
ments in rates of pay or wages by giving to the other party written notice of the
adjustments proposed, setting forth in detail the grounds and reasons why such
adjustments should be made, whereupon the parties will meet promptly for
discussion and will endeavor in good faith to reach an agreement. I f an
agreement is not reached within 15 days from the service of the written notice
aforesaid, then either party may demand arbitration of the issue or issues as
provided in section 5 of this agreement.
B
The question of a general wage increase or general wage decrease may be
reopened by any of the parties hereto at any time during the term of this
agreement.
A t Specified Intervals
A
(See Appendix A, Agreement No. 1, paragraph 36.)
B
Wages may be subject to review on February 1 and August 1 during each
year this agreement shall be in effect, provided that the party requesting a review
shall give the other party written notice at least 2 calendar months prior to the
14
review date. I f such notice is given, the parties will forthwith and within the
next 30 days, negotiate the question as to whether there shall be a revision of
wages and, if so, the details of such revision.
Automatic
A
Either party hereto shall have the right at any time to request that a general
increase or general decrease in wages be put into effect, but no increase or
decrease shall be put into effect unless a general increase or decrease in wages
in the cotton-textile industry in New England has occurred. I f such general
increase or decrease in the cotton-textile industry in New England does occur,
it shall be put into effect immediately by the employer.
B
The company shall put into effect any general increase or decrease in wages
which, during the life of this contract, becomes generally effective in the New
England cotton-textile industry. Otherwise, there shall be no changes in wages
during the life of this contract except through negotiations between the company
and the union. Such negotiations may be instituted by either party by notice
in writing.
C
The parties hereto recognize that the employer is operating in a highly com
petitive field, and, therefore, changes in wage rates shall be based upon com
petitive conditions. I f there shall be a general increase in wage rates in the
northern cotton and rayon weaving industry during the 6 months next following
the execution of this contract and such general increase shall be in excess of
the increase made by the employer effective as of -----------, the employer shall
make whatever further increase may be necessary to make its total rate of
increase during-----------to that time conform to the rate of such general increase.
MISCELLANEOUS WAGE PROVISIONS
Waiting Time
Twelve agreements, covering over h alf of the employees, make some
provision for payment for time spent waiting for material or m a
chinery adjustments, or for other causes which are no fault o f their
own.
Usually such employees are paid their regular basic rate for
this “ dead” time.
The New B e d fo rd -F a ll River agreement provides
for arbitration of any grievance over waiting time and states that a
more specific waiting-time provision be implemented, based on present
practices in F all River.
A
I f employees are forced to wait for work through no fault of their own, no
wage reduction shall be made by reason of such idleness. Piecework employees
so waiting for a period exceeding 15 minutes shall be paid during time of waiting
at their average hourly rate of pay for the previous pay period.
B
Where employees are required to remain on their job while waiting for ma
terial or because of power shut-down, break-down of machinery, or stoppage
in the manufacturing processes due to other abnormal working conditions for
15
which the employees are not responsible, the employer agrees to pay for the
time so lost at the employee’s hourly rate of pay in the case of day workers, and
at the employee's average hourly earnings in the case of pieceworkers.
Equal Pay for Equal Work
Ten o f the agreements, covering over half of the employees, ex
pressly prohibit different rates for women performing the same work
as men. Most of these also prohibit any distinction on the basis of
race or other factors not related to the employee’s productive capacity.
Only one agreement provides a sex differential.
A
The principle of equal pay for equal work shall apply. No distinction in com
pensation shall be made on the basis of sex, race, or other factors not related
to the employees’ productive capacity.
B
(See Appendix A. Agreement No. 1, paragraph 37.)
U. S. DEPARTMENT OF AGRICULTURE PHOTO BY FORSYTHE
Fig. 2.—Intermediate roving process with operator inspecting rolls
BONISES
Extra compensation in the form of a bonus based on a percentage
of the net profit, after taxes and other deductions are made, is granted
employees under one agreement.
The amount of extra compensation payable to eligible employees shall be based
upon the net profits of the company after all charges, but before deduction of
16
Federal income and excess-profit taxes, as determined by certified audit, for
each 6 months’ period of the fiscal year beginning-----------and en d in g ------------ .
After deduction of the sum of $300,000 from the net profits of the company,
the following scale of percentages of the balance of the net profits shall be the
amount payable to all eligible employees as extra compensation:
33% percent on first $550,000
25 percent on next $100,000
20 percent on next $100,000
15 percent on next $100,000
10 percent on next $100,000
5 percent on balance
The company guarantees to pay each week to all eligible employees as extra
compensation (in addition to their regular pay checks) the sum of 10 percent
of their regular pay checks for the first 6 months of the fiscal year beginning
----------- and en d in g ---------- . The guaranteed percentage of extra compensation
to be paid weekly for the 6 months’ period beginning-----------and en d in g-----------shall be subject to later determination but not later t h a n -----------. The balance
of any sums due to eligible employees as extra compensation after payment o f
the above shall be payable as soon as practicable after the end of each quarter.
The total amount of the earnings of all eligible employees for each 3-month
period (inclusive of time and one-half for all overtime earnings but exclusive
of third shift bonuses) shall be the basis for the determination of the extra
compensation for each such employee.
The company shall make available to the union as soon as completed, copies
of the certified audits for the year showing the total amount paid out as extra
compensation under this agreement and the number of employees eligible for
the sam e; and it is agreed that all information concerning said audits of the
company shall be submitted and accepted as confidential.
TRANSFER RATES
Several agreements which make provision fo r temporary transfer
o f employees to other jobs, protect such employees by stipulating that
the employee shall suffer no reduction in earnings and that the higher
rate o f the two jobs is to be paid.
A
The company may make temporary transfers from one department to another
or from one job to another of not longer than 3 weeks’ duration, provided, how
ever, that the higher rate of pay of the two jobs involved shall prevail and said
employee shall not suffer a reduction in earnings as a result of such temporary
transfer.
B
(See Appendix A, Agreement No. 1, par. 35.)
LEARNERS* RATES
Nine agreements prescribe rates below the minimum for learners.
U nder 6, including the New B e d fo rd -F a ll River Associations agree
ment, the learning period is 6 weeks, after which time employees re
ceive the minimum rate fo r regular employees.
Those on piecework
are to receive the piece rate if earnings exceed the established hourly
minimum for learners.
O f the remaining 3 agreements, one estab
lishes a 321^-cent minimum for learners for a 6-week period; another
17
guarantees 80 percent o f the minimum rates for 6 weeks, and 80 per
cent o f the rates in effect if the employee is transferred to a new job
requiring further learning for a maximum o f 6 weeks. (T h is applies
to “permit” members only— union members are paid the fu ll m ini
mum rates.) In the third agreement, learners’ pay begins at 42.5 cents
per hour for the first 30 days and increases at intervals to 48 cents
(the minimum wage) after 120 days.
A
New employees without previous knowledge or without sufficient training,
skill, and ability to perform any particular job shall be regarded as apprentices
and when hired shall work for a probationary period consisting of the first 6
weeks of employment. During the first 6 weeks of employment, apprentices
shall be paid at the rate of — an hour. If, at the end of such period the appren
tice is not, in the opinion of the management, considered qualified for assign
ment to regular employment, the same shall* be considered as just cause for
discharge. I f the apprentice is considered qualified for assignment to regular
employment, he or she shall be paid the regular rate for the work done.
Wages for apprentices on piecework shall be figured at established rates with
a guaranty of the minimum wage above provided for.
B
The guaranteed earnings for all learners for a period of 6 weeks will be 80
percent of the minimum rates in effect o n ------- .
The guaranteed earnings for all employees who have served his or her 6-week
learning period and are transferred to a new job where a further learning period
is required will be 80 percent of the rates in effect in accord with this agree
ment. It is understood, however, that no employee will be required to serve a
further learning period in the same or similar job. This provision shall apply,
however, to “permit members” only. Members of the union shall be paid the full
minimum rates provided for in this agreement.
INSURANCE BENEFITS
Under the New B e d fo rd -F a ll River agreement, each member m ill
is required to maintain, at its expense, the group insurance plan cur
rently in operation. Form er agreements with these associations out
lined the follow ing benefits:
L ife insurance.— $500 ($500 additional i f death is due to accident).
H ospitalization.— L im it, 31 d ay s; $4 daily with $20 special benefits.
Sickness and accident benefits.— Cover nonoccupational accidents
and diseases not already covered by workmen’s compensation.
M axi
mum : 13 weeks for any one continuous period of disability; 6 weeks
for one pregnancy; $10.5>0 a week.
D ism em berm ent benefits.— Principal sum $500, varying with extent
of injury.
Identical insurance benefit plans are provided in 3 other agree
ments covering New England mills.
The New B e d fo rd -F a ll River agreement, in addition, provides for
18
a committee representing the associations and the union, with an im
partial arbitrator, i f necessary, to suggest changes in the plan then in
effect (at no greater average cost to employee), which were to be
adopted by the employer on January 1,1 9 4 6 .
The union was granted
the right to request further revision of the program on A ugust 1 ,1 9 4 6 ,
with provision for arbitration in case the parties failed to agree. T h is
agreement also provides for the cancellation o f any benefit provision
should a Federal or State social security law impose a charge on the
employer for a parallel benefit.
Two other agreements refer to group
insurance plans, but the details of the plans are not specified.
SAFETY AND HEALTH
Several agreements contain clauses stating that the employer will
make “reasonable provisions” for the safety and health o f the em
ployees, two specifying that compliance with State laws is sufficient.
A
The mill shall continue to make reasonable provisions for the safety and
health of its employees during the hours of employment. Compliance with the
rules and regulations of the North Carolina Department of Labor shall consti
tute compliance with this provision.
The mill will welcome any practical suggestions from the union as to safety
and health conditions in the mill. The union shall cooperate with the mill in
maintaining its present policies, rules, and regulations as to safety and health
and such reasonable rules and regulations as the mill may hereafter provide
for keeping the plant and premises clean, sanitary, and safe.
B
The company agrees to make all reasonable provisions for the safety and
health of the employees during the hours of their employment. The union
agrees to promote in every way possible the realization of the responsibility of
the individual employee with regard to preventing accidents to himself or his
fellow employees during the hours of their employment.
Hours, Shift Provisions, and Overtime
HOURS AND OVERTIME
The cotton-textile industry worked on a 48-hour week from M ay
14,1944, to August 18,1945, under W a r Manpower Commission orders,
but this was not mentioned in the agreements analyzed.
T he Fair
Labor Standards A ct, however, requires payment of overtime fo r all
hours worked in excess of 40 per week.7
A l l but two agreements (wdiicli contain no reference to hours or
overtime) limit the normal workweek to 40 hours.
the normal workday shall consist of 8 hours.
Forty specify that
Several permit a shorter
7 Under the Fair Labor Standards Act all workers must be paid at one and a half times
their regular rate after 40 hours per week. It is not mandatory under the Fair Labor
Standards Act to pay overtime after 8 hours per day.
19
workday and make-up time on Saturday in those departments where,
by reason of State laws regulating the hours o f work for women, the
fu ll 40 hours cannot be regularly scheduled from M onday through
Friday. In many States, however, laws were amended to permit re
laxation of these restrictions for the duration of the war.
Overtime pay at the rate of time and a h alf for all work in excess
o f 8 hours per day or 40 per week is specified in 30 agreements,
covering over 85 percent o f the employees, and for over 8 hours per
day in 9 agreements.
(One of the agreements in the first group, the
New B ed fo rd -F all River agreement, also grants overtime pay for all
hours worked in excess o f any regularly scheduled shifts o f less than
8 hours; another excepts dye-house and bleachery employees, who re
ceive overtime only on all hours in excess of 10 a day.) Less than half
o f these agreements, covering approximately a third o f the employees,
exclude maintenance employees (and in a few instances shipping and
stock clerks) from provisions regarding daily overtime and limit
overtime pay to all time worked over 40 hours per week.
A n excep
tion is made, however, in one instance, when work falls under the
provisions o f the W alsh -H ealy A ct.8
The remaining 4 agreements provide for payment o f time and a
half to all employees covered by the agreement fo r hours in excess o f
40 per week.
A number o f agreements make special provision for overtime pay
for maintenance men for work outside their regular hours. Sev
eral, including the New B ed ford -F all River Associations agreement,
grant time and a h alf for all hours up to 10 p. m. and double time
from 10 p. m. to the regular starting tim e; one grants time and a
h alf for emergency work between 6 p. m. and 7 a. m .; another, time and
a half to first shift maintenance employees for all hours up to 11 p. m.
and double time after 11 p. m ., and on the second shift, time and a
h alf up to 7 a. m. and double time after 7 a. m.
One agreement specifies that i f any change in the laws permits a
longer workday or workweek without overtime pay the present over
time provision becomes null and void, and pending renegotiation the
company may operate in accordance with the new law.
This agree
ment also excludes from application of the overtime provision any
employees not covered by the F air Labor Standards A ct.
A
The 8-hour day and 40-hour week shall be continued. The workweek shall
commence on Monday morning and shall end on Friday evening, except for the
third shift, whose workweek shall end on Saturday morning, and maintenance
8 Under the Walsh-Healy Public Contracts Act on certain types of contracts all em
ployees are paid time and a half after 8 hours per day or 40 hours per week.
721272°— 47------4
20
and nonproduction employees who have varied regularly scheduled workweeks
o f 5 consecutive days. Watchmen and firemen shall continue their presently
scheduled workweek of 5 days.
A ll employees who may work more than 8 hours in any 1 day or more than
40 hours in any 1 week, shall be compensated at the rate of one and one-half
times the regular hourly wage rate but without duplication.
B
(See Appendix A, Agreement No. 1, paragraphs 48 to 51.)
PA Y FOR WEEK-END WORK
Premium rates for week-end work are specified in 31 agreements,
covering 90 percent o f the employees.
O f these agreements, 26, in
accordance with Executive Order 9240, provided double time for the
seventh day worked in a workweek, and all but 2 provided time and a
h alf for the sixth day worked.9 Three of these agreements limited this
provision to the war emergency and provided fo r the restoration of
premium pay on Saturday and Sunday as such (time and a h a lf for
Saturday and double time for Sunday) when Executive Order 9240
was rescinded. A ll 5 agreements exclude maintenance workers i f their
regular workday falls on Saturday or Sunday, but provide time and
a h alf for the sixth day and double time for the seventh. Four agree
ments call for renegotiation o f the premium pay provision after the
emergency. O f the remaining agreements, 1 indicated that premium
pay provisions for Saturday and Sunday and sixth- and seventh-day
work were under dispute and had been submitted to the W a r Labor
B oard ; the others made no mention o f premium pay for week-end
work.
Several agreements specifically state that if no work is performed
on a holiday, the day is counted as a day worked in computing the
sixth day in a workweek.10 A few agreements also make this provision
in the event an employee loses time at the company’s request; others
stipulate that no employee shall be laid off during a workweek fo r the
purpose o f shifting that employee to Saturday or Sunday work, or to
the sixth or seventh day, without overtime.
A
Employees agree to work on the sixth and seventh day of the week if requested
or scheduled. Unless the worker has been absent at his or her own request, or
for causes beyond the control of the company, and when not in conflict with
governmental orders, time and one-half will be paid for all work done on the
9 “ On all work relating to the prosecution of the war,” Executive Order 9240 (which
was rescinded on August 21, 1945) prohibited premium pay for Saturday and Sunday work
as such and made the payment of double time for the seventh consecutive day of a regu
larly scheduled workweek mandatory.
10 Under Executive Order 9240, even when no work was performed on a holiday, this day
was counted as a day worked in computing the sixth day in a workweek, unless the agree
ment had a provision to the contrary.
21
sixth and double time will be paid for all work done on the seventh day of the
workweek.
Any changes in the regular work schedules shall be by mutual
agreement.
B
(See Appendix A , Agreement No. 1, pars. 52 to 55, 57, and 59.)
HOLIDAYS
None o f the agreements analyzed provide pay for holidays not
worked.
Unpaid holidays, varying from 3 to 10— most commonly 6—
were listed in 42 o f the 45 agreements.
Penalty rates for work on
such holidays were provided in 33, o f which 26 conformed to Execu
tive Order 9240, providing that time and a h alf be paid on 6 desig
nated holidays.11
In addition, 3 o f the 26 agreements provide for the
resumption o f time and a h alf on 10 holidays, instead o f 6, after the
emergency.
Five agreements provide fo r time and a h alf on desig
nated holidays, varying from 3 to 8.
The New B e d fo rd -F a ll River’
agreement, signed after Executive Order 9240 was rescinded, provides
for time and a h alf on 10 holidays. The remaining agreement estab
lished double-time rates for 7 holidays, but this provision was super
seded during the time Executive Order 9240 was in effect. Several
agreements, with smaller mills, exclude from the premium rate firemen
and watchmen, or employees whose duties call for work on holidays.
A
Time and one-half will be paid for all work performed on the following holidays:
New Year’s Day, May 10th, July 4th, Labor Day, Thanksgiving Day, and
Christmas Day. Should any holiday fall on Sunday, the following Monday shall
be observed, and holidays shall be counted as days worked for the purpose of
computing overtime.
B
(See Appendix A, Agreement No. 1, par. 56.)
SHIFTS
The National W a r Labor Board, on February 20, 1945, issued adirective order covering 23 southern cotton-textile companies, granting
a premium o f 5 cents per hour for all hours worked on the third shift,retroactive to October 1,1 9 4 4 .
Agreements for 6 o f the 23 companies
are included in this study and none contain a provision for shift d if
ferentials.
Shifts are mentioned in a small number o f the agreements; only 4
specifically provide for wage differentials and in each instance for only
the third shift.
O f these, the New B ed fo rd -F all River agreement
provides for a 7-cents-per-hour differential for the third s h ift; 1 pro
11 Executive Order 9240 required the payment of time and a half on New Year’s Day, the
Fourth of July, Labor Day, Thanksgiving Day, and either Memorial Day or 1 other holiday
o f greater local importapce, and prohibited premium pay for any other holiday..
22
vides for a 10-percent differential if an “emergency” third shift is
necessary; another, time and a quarter for straight time to weavers and
12 percent over their regular rates to others than weavers; and the
fourth, 8 hours’ pay for 7 hours’ work.
A
( See Appendix A, Agreement No. 1, par. 32.)
B
Each shift shall have a scheduled workday of not more than 8 hours, and a
scheduled workweek of not more than 40 hours, during which regular rates of
pay shall apply, except as to the third shift workers, who shall be paid 8 hours’
pay for each shift, which is 7 hours.
U.
s.
DEPARTMENT OF AGRICULTURE PHOTO BY FORSYTHE
Fig. 3.—The warp threads in a high-speed warper
Paid Vacations
Paid vacations are provided in 33 agreements, covering approxi
mately 90 percent of the workers under the 45 agreements analyzed.
The maximum vacation pay varies from less than 1 week to 2 weeks,
depending on length of service. In addition, 1 of the agreements
included in this analysis which contains no vacation provision is
affected by a recent decision of the War Labor Board, granting paid
vacations to 11 southern companies. The directive order grants 1
week’s vacation with pay to employees with 1 year of service, unless
a more liberal plan was contained in an expired agreement with the
23
company involved.
The vacation allowance is to be computed as 2
percent o f the employee’s total earnings during the previous year,
and during the war employees were to receive vacation pay in lieu
o f vacation time off i f the company “ requires their services in the
interest o f war production.”
CHART 3
AGREEMENTS GRANTED PAID VACATIONS
TO 9 OUT OF EVERY 10 WORKERS
IN COTTON-TEXTILE INDUSTRY
W TO
0
~ i
10 0 %
UNITED STATES DEPARTMENT OF LABOR
BUREAU OF LABOR STATISTICS
Twenty-five agreements, covering over 75 percent o f the workers
under agreements granting paid vacations, provide for a maximum
o f 1 week’s paid vacation.12 Twenty-three o f these have a service
requirement o f 1 year and 2 require 3 months, fo r 1 week’s vacation
pay. P ay for 1 week’s vacation is based on 2 percent o f annual earn
ings in 13 agreements; in 5 agreements, on 40 times the regular rate
or average piece rate; in 3, on the number o f hours per week the m ill
is scheduled, times the regular rate or average piece ra te; on 40 times
average hourly earnings in 2 agreements; on average hourly earnings
over a specified period in 1 agreement; and on average weekly pay for
a basic 40-hour week in another.
In addition, 3 o f these 25 agreements have graduated vacation sched
ules, granting vacation pay after 3 months’ service.
In two instances
pay is prorated from the equivalent o f 1y 2 days’ pay after 3 months,
and in the other with a flat rate ranging from $6 to $18 for 3 to 9
months’ service.
The remaining eight agreements have graduated vacation plans
and grant a maximum o f 2 weeks’ paid vacation after 5 years’ service,
with 1 week’s vacation after 1 year.
In addition, the New Bedford-
M In addition, 2 of the 25 agreements providing for a maximum of 1 week’s paid vacation
are affected by a recent decision of the New England Regional War Labor Board, covering
11 New England cotton and rayon mills and granting 2 weeks’ paid vacation to employees
with 5 or more years’ service. However, this directive order was not to become effective
until the question of price ceilings involved had been decided by the OPA and/or the
Director of Economic Stabilization.
24
F a ll River agreement grants vacation pay after 3 months.
Seven o f
these agreements base vacation pay on 2 percent o f the employee’s
annual earnings for 1 week’s vacation and 4 percent for 2 weeks, with
an additional provision in 1 agreement granting 3 percent fo r 1 %
weeks’ vacation to employees with 3 years’ service; the other agree
ment grants the vacation “ with fu ll pay.”
Compensatory pay in lieu o f vacations is provided for in 28 o f the
agreements, in 24 at the company’s option, 'in 3 at the employee’s
option, and in the remaining agreement by mutual consent.
A
All regular employees who have been with the company continuously for 1
year or more as of July 1, 1943, shall receive either 1 week’s vacation with pay
or 1 week’s pay in lieu of a vacation. This week’s pay will be on the basis of
a 40-hour week at the hourly rate worker’s hourly basis and the piece rate workers’
standard rate.
B
(See Appendix A, Agreement No. 1, pars. 98 to 101.)
C
(a ) Each employee who shall be in the employ of the employer on July 1,1945,
and who shall as of that date have been in such employ for 1 year and less than
3 years, shall be entitled to a vacation of 1 week with vacation pay amounting
to 2 percent of his “ annual straight-time pay,” as hereinafter defined in sub
division (d) of this section, for the period commencing with July 1, 1944, and
ending June 30, 1945. I f the company fails to provide 2,000 hours of work to
any employee qualifying under this subdivision (a ) during said year and such
employee had been available for work at all times during such year for the com
pany, then the vacation pay of such employee under this subdivision shall not
be less than 40 times his average hourly straight-time earnings.
(b) Each employee who shall be in the employ of the employer on July 1,1945,
and who shall as of that date have been in such employ 3 years and less than
5 years, shall be entitled to a vacation of 1 % weeks with vacation pay amounting
to 3 percent of his “annual straight-time pay,” as hereinafter defined in subdivi
sion (d) of this section, for the period commencing with July 1, 1944, and ending
June 30, 1945. I f the company fails to provide 2,000 hours of work to any
employee qualifying under this subdivision (b) during said year and such
employee has been available for work at all times during such year for the com
pany, then the vacation pay of such employee under this subdivision shall not
be less than 60 times his average hourly straight-time earnings.
(c) Each employee who shall be in the employ of the employer on July 1,1945,
and who shall, as of that date, have been in such employ 5 years or more, shall
be entitled to a vacation of 2 weeks with vacation pay amounting to 4 percent
of his “annual straight-time pay,” as hereinafter defined in subdivision (d) of
this section, for the period commencing with July 1, 1944, and ending June 30,
1945. I f the company fails to provide 2,000 hours of work to any employee quali
fying under this subdivision (c) during said year and such employee has been
available for work at all times during such year for the company, then the
vacation pay of such employee under this subdivision shall not be less than 80
lim es his average hourly straight-time earnings.
25
(d) “Annual straight-time pay” means the total actual earnings of such
employee for all hours worked during said period July 1, 1944, to June 30, 1945,
including overtime hours worked but computed only on a straight-time basis.
(e) Inasmuch as this contract also covers the calendar year 1946, the fore
going provisions of this section shall likewise apply to the vacation for the calen
dar year 1946 except that the employment date will be July 1, 1946, instead of
July 1, 1945, and the yearly period July 1, 1945, to June 30, 1946, instead of
July 1, 1944, to June 30, 1945.
Claims for vacation pay or grievances with respect to vacation pays must be
presented in writing to the personnel office of the employer within 30 days after
the general payment of such vacation pay is made, and claims for vacation pay
shall be deemed waived unless presented in said 30-day period.
Leave of Absence
The majority of the agreements make provision for retention of
seniority rights during leave of absence for specified reasons—sick
leave, maternity leave, military leave, leave for union business, and for
personal reasons.
U. S. DEPARTMENT OF AGRICULTURE PHOTO BY FORSYTHE
Fig. 4.—Cotton warp entering and leaving a size box on a slasher
While the Nashua Manufacturing Co., Nashua Division, agreement
specifically states that seniority is cumulative during leave of any
employee to act as business agent for a maximum of 1 year and another
agreement states that it is cumulative during a maximum absence of
6 months for hospitalization, confinement, or any serious operation,
26
it is not clear in any o f the others (except for military leave, when
seniority is usually cumulative) whether seniority is cumulative or
merely retained.
The agreements generally state that leaves w ill be
granted under certain conditions “ without loss o f seniority.”
Leaves are limited to a specified time in almost all instances,
although renewal privileges are often granted. Sick and maternity
leaves are most commonly granted for duration o f illness, for “ reason
able duration,” or for 12 months.
Leaves for union business are gen
erally granted for the duration o f the employee’s term as union
officer, for “ reasonable duration,” or for 1 year.
A maximum o f 30
days is usually granted employees on leave for personal reasons, with
privilege o f renewal. Refusal to grant leave, or discrimination among
employees, is subject to grievance and arbitration procedure under
the New B ed ford -F all River agreement.
A
(See Appendix A, Agreement No. 1, par. 88.)
B
An employee may, upon request and with the approval of the industrial rela
tions manager and the overseer of the employee’s department, be granted a
leave of absence, not to exceed 6 months and subject to renewal, without loss
of seniority providing he returns to work at the end of the leave of absence
or is granted a renewal by the company. An employee who fails to return at
the end of his leave will be considered as having quit. Leave of absence of 12
months may be granted pregnant employees. No leave of absence, including
renewal, shall exceed 1 year, except under (c) below.
Leaves of absence will be granted for any of the following reasons:
(a ) Employee’s own illness or disability.
(b) Illness or death in the employee’s immediate family.
(c) Military duty.
An employee leaving the service of the company to
serve the Federal Government in its armed forces or in Federal mobilization
for war purposes pursuant to resolutions and/or acts in connection with the
national defense or war effort, shall retain and accrue his seniority during such
service, provided he makes application to return to the company within 90 days
after he has received an honorable discharge and is physically capable of per
forming the work assigned to him.
(d ) Personal reasons. A leave of absence not to exceed 30 days may be
granted upon request of the employee and recommendation by the overseer of
the employee’s department.
A leave of absence will be granted an employee to carry on union activity for
the United Textile Workers of Am erica; upon termination of such leave, he
shall be returned to his former job or like position without loss of previousservice credit, together with accumulative service, and at the prevailing rate
o f pay.
It is further agreed that the shop committeeman will receive written notice
of any leave of absence granted in his department.
27
C
Employees wishing to secure leave of absence shall request the same from
the overseer of his or her department, in writing, and the overseer shall im
mediately furnish the shop steward of that department a copy of the request
and a statement of his decision. The request shall state for what purpose and
to what date the leave is desired, which shall not exceed 30 days’ duration,
except in cases of illness or pregnancy, in which cases leaves of absence shall
be granted for the duration of illness.
Employees absent for longer than a
reasonable period of time for a stated illness may be required to furnish a certifi
cate from a reputable physician showing proof of continued illness; however,
such certificate shall be required no more than once in any 90-day period. Leaves
of absence shall be granted to business representatives of the local union for
the duration of their elected period. Leave of absence shall also be granted to
any employee selected to represent the national union so long as they remain
in that capacity. Any employee failing to report back on or before the expira
tion date of any leave of absence without justified cause shall waive all right
to his or her seniority. Applications for extension of leave of absence shall
be made in the same way as original application.
Seniority Provisions
A ll o f the agreements contain seniority provisions granting pref
erential treatment based on length of service, in some instances in
conjunction with other factors. Seniority rights are applied to lay-off
and rehiring in all o f the agreements except two covering approxi
mately 2,000 employees, one lim iting application to lay-off and the other
to rehiring.
According to agreements covering 90 percent o f the em
ployees, promotions are governed solely by seniority, while in others
seniority is considered along with other factors, such as ability, experi
ence, etc. Other benefits o f seniority under these agreements include
preference in transfer and choice of shifts.
SENIORITY UNIT
The unit to which seniority applies is defined in all but two of the
agreements covering 2,000 employees. The most recurrent type is
company-wide seniority (length of service with the company) applied
either by department, occupation, or occupation-within-the-department.
Employees transferring from one unit to another transfer all
previously earned seniority rights.
This type o f seniority provision
occurs in 19 agreements covering 40 percent o f the employees.
Prac
tically all o f these provisions specify that a combination o f company
wide seniority applied by one o f the units mentioned is to be used
for lay-off and rehiring, and frequently for promotions, with a few
specifically stating that straight company-wide seniority is to be used
for all other matters.
A few vary the combination, using company
wide seniority by department in lay-off and reliiring and companywide seniority by occupation in promotions.
721272°— 47---- 5
28
In contrast, department-wide, occupation, or occupation-withinthe-department seniority is provided for in the remaining 24 agree
ments. O f these, 8 agreements covering 12 percent of the employees
under the agreements analyzed provide for seniority by occupation;
13 covering 19 percent fo r seniority by department; and 3 covering
29 percent for seniority by occupation-within-the-department.
Un
der such provisions the employee’s length o f service with the company
is not counted. In some agreements, employees transferring to an
other department or occupation lose previously earned seniority rights
and start at the bottom of the list. Sometimes the loss is immediate
and again seniority may be retained in the old unit for a specified
time, most commonly 30 days or 12 months, but varying from 30 days
to 12 months, after which the transferred employee acquires seniority
rights in the new unit, retroactive to the date o f transfer. In others,
employees retain their seniority in the former occupations or depart
ments, and start at the bottom of the seniority list in the new depart
ments or occupations, unless they had previously earned seniority
rights in these same units. W here seniority is retained, employees
laid off by seniority in one unit may displace workers with less length
of service in other units where they still have seniority rights.
PROBATIONARY PERIOD
Approxim ately 80 percent of the workers under the agreements
analyzed are required to serve a probationary period before acquiring
seniority rights. The acquisition of seniority, in practically all in
stances, is retroactive to the beginning o f the probationary period,
which is most commonly 6 weeks, although it varies from 15 days to
6 months.
PREFERRED STATUS FOR SPECIAL GROUPS
According to agreements covering approximately 65 percent of the
employees, top seniority, for purposes of lay-off and rehiring only, is
granted members o f the shop committee, shop stewards, and in some
instances union officials.
LAY-OFF AND REHIRING
Work Sharing
Two agreements specifically provide for sharing of work before
lay-offs o f permanent employees.
One specifies sharing among per
manent employees (i. e., those not hired as temporary employees and
who have completed their probationary period) until a minimum o f
24 hours is reached; the other stipulates that work shall be shared
until a minimum o f 32 hours a week for 6 consecutive weeks is reached,
after which lay-offs are to be made until the average workweek for
29
those retained is 40 hours. A third merely requires that a reasonable
effort be made to share the work among employees doing similar work
in the department.
Application of Seniority
Seniority is the determining factor in lay-off and rehiring in 32
agreements covering over two-thirds o f ther employees. A number o f
these agreements make an additional stipulation that seniority shall
govern in lay-off and rehiring only if the employee is qualified to do
the job.
One agreement specifies that if the seniority rules “work a
hardship on families living close to their jobs” the company is “granted
a reasonable tolerance” and such cases are taken up by the shop com
mittee.
In one instance, it is specifically stated that if the employer
departs from seniority the union and employee with highest seniority
may demand arbitration.
Another method o f determining workers to be selected for lay-off
and rehiring is outlined in six agreements (including the Riverside
and Dan River Cotton M ills)
remaining employees.
covering almost two-thirds of the
Under these agreements, seniority is given
consideration in determining the order of lay-off and rehiring only
if other factors, such as ability and efficiency, are equal.
According
to the seven remaining agreements, seniority is given due consideration
along with experience, competence, skill, and efficiency.
Retention of Seniority in Lay-Off
Eighteen agreements, covering almost a third o f the employees,
make specific provision for retention o f seniority during lay-offs.
Nine o f these specify a time lim it; in five agreements 1 year is the m axi
mum, with the additional provision in one that if the employee is
employed elsewhere during the lay-off period he forfeits his seniority;
in three the maximum is 6 m onths; and in the remaining agreement, 3
months.
PROMOTIONS
Seniority rules governing promotions are outlined in 34 agree
ments, covering 90 percent o f the employees.
In 5 o f these agree
ments, covering almost 35 percent of the employees, seniority is
weighted with other qualifications, such as experience, skill, and com
petence to do the job.
Under the New Bedford agreement, included in
this group, vacancies are to be filled within 30 days by workers with
experience in the vacant jo b ; if not filled in that time, seniority and
ability rule.
Tw o o f these agreements provide that if promotions
are made by management on grounds o f qualifications, without regard
to seniority, the union and employees with higher seniority may re
quest a statement o f the reasons for disregarding seniority.
30
In 17 agreements, covering over 35 percent o f the employees in this
group, promotions are based strictly on seniority. A s in lay-off and
rehiring, most agreements stipulate that ability to do the job is essen
tial.
One o f the agreements specifies, however, that if promotion is
made without regard to seniority, the union and the employee with the
highest seniority may demand arbitration.
In addition, a trial period
of from 4 to 6 weeks is generally specified.
In one instance, the com
pany’s judgment o f an employee’s ability to do the job after the trial
period is subject to arbitration.
In the 12 remaining agreements, covering another 30 percent o f the
employees in this group, seniority is the determining factor when other
qualifications are substantially equal.
Six o f these agreements pro
vide for arbitration of the application of these promotion provisions.
Although some agreements do not mention arbitration in connection
with promotions, since most agreements provide grievance and arbi
tration machinery for settlement of any disputes arising out o f the
application
of the agreement, disputes over promotions are un
doubtedly included in this procedure.
Practically all of the agreements provide that in making promo
tions to supervisory positions, including second hands, seniority shall
not be considered.
Such promotions are entirely within the jurisdic
tion o f the employer. The New B e d fo rd -F a ll River agreement ex
cludes such promotions from grievance procedure, but provides for
retention and accumulation o f the promoted employee’s seniority in
his former unit for 90 days. Another agreement, covering a small
m ill, provides for indefinite retention of an employee’s seniority on his
old job after such a promotion.
LOSS OF SENIORITY RIGHTS
Agreements covering approximately 70 percent of the employees
specify that seniority rights are forfeited in case o f discharge or quits,
or because o f unjustified absence or failure to report at the expiration
o f leave o f absence.
Under agreements covering approximately 60
percent o f the employees, seniority rights are forfeited by employees
who fa il to return to work after lay-off within a specified time after
recall, varying from 24 hours to 1 week.
In some instances, seniority
rights are forfeited also, if an employee works elsewhere and this
work interferes with his job, and if an employee violates the no-strike
provision.
POSTING OF SENIORITY LIST
Agreements covering approximately 70 percent of the employees
specifically require that seniority lists be posted by the company.
In
most of these agreements, the employee is granted the right to appeal
his seniority listing, generally within 30 days.
31
GENERAL
Flexibility in the operation of the seniority provisions is provided in
5 agreements covering over 30 percent o f the workers. These state
that the employer and the union “ by mutual agreement from time to
time, may make variations in the application and departure from the
strict requirements thereof.”
Seniority
A
Seniority is defined as the length of an employee’s service with the company
dating from the date of last employment, except as otherwise provided herein;
the purpose of which is to provide a declared policy of right of preference meas
ured by such length of service.
It is mutually agreed that seniority within departments in lay-offs and recalls
shall prevail, provided the employee retained or returned is qualified, or has
demonstrated an ability to qualify, to fill the position. Members of the general
shop committee and the president of the local union shall head the seniority
roster in their respective departments for the purposes of lay-offs and recalls.
A job other than a supervisory one becoming open as a permanent vacancy
shall be posted immediately on the room bulletin board by the overseer in that
department for a period of 3 working days. The senior employee within the de
partment who is qualified, or has demonstrated an ability to qualify, to perform
the work and bidding on the job in writing (in duplicate) within such time (copy
to overseer and copy to .shop steward) shall be assigned to the job immediately.
The shop steward shall be promptly notified to whom the job is assigned. During
the 3-day period while the job is posted, the company shall temporarily fill the
job as provided in subsection (d) hereinafter. If, within a reasonable time, the
employee assigned to the job fails to qualify to perform the work, he or she will
be removed and placed on the spare floor of the department. Except for justified
causes, no employee with a regular job may give up his job and go to the spare
floor.
A temporary vacancy shall be offered to the senior spare employee of the
department who is qualified and available to fill such temporary vacancy. I f
the senior spare employee declines the vacancy, it shall be offered to the other
qualified and available spare employees in the order of their seniority standing.
Should none of such spare employees wish the temporary vacancy, then the com
pany may require the one with lowest seniority standing to fill the vacancy and
remain on the vacancy until the return of the regular employee or until such
spare employee absents himself or herself. I f any spare employee thinks that
he or she has not been assigned a job in accordance with his or her seniority, the
grievance shall immediately be called to the attention of the shop steward and
the employee’s immediate supervisor for proper adjustment. It is understood and
agreed that the company may limit the number of spare employees in any de
partment or shift. It is understood and agreed that any spare employee assigned
to a temporary vacancy shall remain on the vacancy until the return of the
regular worker or until he or she absents himself or herself.
Permanent transfers of employees from one department or plant to another
department or plant will only be made by mutual consent of the employee af
fected and the company. Such transferred employees shall retain their seniority
in the department transferred from ; but shall begin in the department trans
ferred to as junior employees, except where such employees already had ac
cumulated seniority.
The company may, if necessary, make temporary transfers of employees from
one job to another or from one department or plant to another of not longer than
a week’s duration; provided, however, that the higher rate of pay of the two
jobs involved shall prevail, and under no circumstances shall an employee suffer
a reduction in earnings as a result of such transfer. Such transfers shall be
made without prejudice and shall take into consideration seniority and the
wishes of the employees involved. Should none of the employees involved desire
such transfer, the company may require those with least seniority to accept such
transfers.
New jobs or vacancies in any department shall be offered to those employees
who have been laid off before hiring new employees for such jo b s; provided such
laid off employees are qualified to till such jobs. Notice to the business agent of
the local union shall be deemed sufficient. Such employee so notified shall report
for work within 1 week from service of notice or forfeit his right to that job.
The company will post and maintain on the bulletin board in each department
the seniority roster for that department showing the current seniority standing
of each employee and will furnish the business agent copies of all such rosters.
The company will correct these rosters at least every BO days. Any appeals from
the seniority rosters as posted shall be made through the regular grievance pro
cedure within BO days of the posting; otherwise, the rosters will be considered
final, indisputable errors excepted.
I f an employee becomes physically incapable of performing his regular work
through accident, sickness, or other cause, the company shall, if the employee so
desires, give him such other available work as he is capable of performing. If
this should result in the displacement of another employee, the one with lowest
seniority standing in the classification and shift to which the handicapped
employee is assigned shall be the one displaced.
For the purposes of establishing seniority, all new employees shall be con
sidered probationary employees for the first 6 weeks of their employment. After
6 weeks’ service with the company, such employees shall have seniority dating
from the date of their employment.
B
Seniority shall be determined in accordance with the following rules:
Seniority shall be by job classifications, and shall be based upon length of
continuous service in each job classification. Periods of lay-off shall not interrupt
continuous service. Continuous service in the yarn spinning mill shall in no
case be considered as commencing prior t o -----------.
New employees shall have no seniority rights during the first 6 weeks of their
employment. A t the end of that period their seniority shall date from the date
of employment.
Members of the union shop committee and officers of the local union shall have
top seniority, for purposes of lay-off and recall only, in their respective job
classifications during their respective terms of office.
An employee shall lose all seniority rights if he or she (a) quits or terminates
his or her employment, or (b) is discharged. An employee who does not report
for work immediately if available, but in any event within 72 hours after notice
of recall, shall be considered as having terminated his or her employment,
provided that illness incapacitating the employee for work, or extended absence
from home at the time of recall, shall be sufficient excuse for not reporting if the
company is informed of the excuse within 48 hours after receipt of notice of
recall. An employee who is proved to have been employed elsewhere during an
unauthorized absence from work, or during a permitted leave of absence, shall
33
be considered as having terminated his or her employment. An employee who
quits or terminates his or her employment or is discharged shall, if rehired, be
considered for all purposes as a new employee.
An employee who is transferred from one job classification to another ( in ac
cordance with section D of this article) shall not be entitled to seniority rights in
the classification to which he or she is transferred for a period of 1 year. During
that period the employee shall, for purposes of lay-off and recall only, retain
seniority rights in the classification from which he or she was transferred. A t
the end of that period the employee shall be entitled to seniority rights in the
classification to which he or she was transferred, accrued from the date of
transfer, and shall lose all seniority rights in the classification from which
he or she was transferred.
A seniority list shall be prepared for each job classification, with the names
of employees thereon in order of their seniority in accordance with section A of
this article. Each list shall be furnished to the union and shall be revised twice
each year. Any grievance with respect to* any list shall be submitted to the
company within 30 days after the list shall have been furnished to the union.
All lay-offs in each job classification shall be made in the order established by
the seniority list, upon the basis of “last in— first out.” All recalls following
lay-off shall be made upon the basis of “last out— first in.”
When an employee is transferred by the company to higher skilled or higher
paid jobs in the same department which have a functional relationship, the
transfer shall be made upon the basis of seniority and other necessary qualifica
tions to perform the work required. When such transfers are made by manage
ment on grounds of qualification to perform the work required, without regard
to seniority, the union and the employee or employees with higher seniority than
the employee transferred shall be entitled upon request to a statement of the
reasons for disregarding seniority.
Vacancies which may occur in any operation which is operated on a shift
basis shall be filled by employees in accordance with their seniority ratings as
follow s: Should a vacancy occur on the first shift, the worker on the second
shift having the highest seniority for that operation who desires to make the
transfer shall be assigned to the jo b ; should a vacancy occur on the second
shift, the same procedure shall be followed and the assignment shall be made
from amongst the third shift workers. The order in cases of shift transfers
shall be from the third shift to the second shift to the first shift. Each em
ployee desiring to be transferred from one shift to another shall notify his
overseer of such desire, and each overseer shall keep a permanent list by opera
tion of the employees desiring to make such transfer. After the transfer has
belen offered to all on the list, vacancies may be filled from any source. The
provisions of this section shall not apply to temporary employment or trans
fers made necessary by the absence of regular employees of the first or second
shifts.
Promotions of employees to jobs outside the bargaining unit (for example,
to second hand) shall be at the sole discretion of management, shall not be
restricted in any way by seniority, and shall not be the subject of a grievance,
dispute, or arbitration hereunder.
To assure flexible, fair, and equitable application of the foregoing seniority
provisions, the company and the union, by mutual agreement from time to time,
may make variations in the application and departure from the strict require
ments thereof.
C
(See Appendix A, Agreement No. 1, pars. 79 to S7.)
34
Veterans
Thirty-five o f the agreements analyzed, covering over 80 percent
o f the employees, make specific provision for reemployment and
seniority rights of employees who volunteer or are drafted for m ili
tary service, and several include those drafted for labor service.
As
stated previously, the m ajority o f these agreements specify that sen
iority during such leave is cumulative and generally state that the
employee will be returned to his former or an equivalent position, pro
vided that working conditions permit, that he is still qualified to
perform his duties, and that he applies within 40 to 90 days— usually
60 days.
The New B ed ford -F all River agreement makes special provision
for disabled employee-veterans— such employees to be placed and re
tained on any jobs foi* which they are capable or may be trained, on
the basis o f plant-wide seniority.
In addition, this agreement provides that any nonemployee veteran
who was not employed by any company for 90 days immediately
preceding his entry into m ilitary service, or who, although employed
elsewhere, has acquired physical handicaps in military service, will
receive seniority credit for the period o f military service subsequent
to M ay 1, 1940, provided he is not employed for the purpose o f dis
placing another employee, and he has completed his probationary
period.
This agreement also stipulates that a veterans’ committee shall be
created, composed of representatives of the employer associations and
the union, to formulate advisory plans for the assistance, guidance,
and training of veterans, as well as for all other matters affecting
them.
One agreement grants a special bonus of 4 weeks’ additional pay to
employees entering military service, while another provides for quar
terly reimbursement to any employee purchasing National Service
L ife Insurance for the amount o f premium on an equivalent amount
o f insurance that the employee had under the company group plan.
The same agreement also provides payment o f mutual aid benefit
weekly dues for eligible dependents o f employees.
In a number o f
agreements, including the New B edford-Fall River and the Riverside
and Dan River agreements, earned vacation pay is granted.
A
The company agrees that if an employee is inducted into the service of the
armed forces of the United States as a result of enlistment, draft, or otherwise,
or labor service under the selective draft or conscriptive service, and if the
employee applies for his former job within 60 days after his honorable discharge
or other satisfactory completion of service, the company, if such employee is
still qualified to perform the duties of such job and if working conditions then
35
permit, will restore the employee to his former or a substantially similar job.
No employee shall lose seniority rating by reason of service in the armed forces,
or in the selective draft of the United States, and time spent in such service by
an employee shall be counted as time worked for the company for the purpose
of determining seniority standing.
B
(See Appendix A, Agreement No. 1, par. 98 to 97.)
Adjustment of Disputes
GRIEVANCE PROCEDURE
A ll o f the agreements establish form al grievance machinery for the
adjustment o f disputes, and all but one provide for arbitration o f un
settled grievances.
M ost of the agreements define grievances very
generally as any dispute which may arise between the company and
the employees or union or any dispute regarding the interpretation
and application o f the agreement.
A very few specifically exclude
from grievance procedure any dispute over a general increase or
decrease in wages, or changes in the terms o f the agreement.
M ost o f these agreements give detailed procedure fo r handling
grievances, and in general follow the same pattern.
Under the terms
o f 22 agreements, covering over h alf o f the employees, the grievance
is presented to the overseer or foreman by the employee or employees
involved and the shop steward or shop committee. Under 12 agree
ments, covering nearly a fourth o f the employees, the steward or
committee alone presents the grievance. Under 8 agreements the em
ployee alone takes up the grievance with the overseer or forem an;
under 2 the aggrieved employee is granted the option o f presenting
the matter alone or being accompanied by his steward or union com
mittee; under another— the Riverside and Dan River agreement—
the employee alone, or with the steward, or the steward alone may
present the grievance.
I f grievances are not satisfactorily adjusted with the overseer or
foreman, they are taken up with higher company officials, usually by
the department committee and then by the general m ill committee;
in some instances local union representatives are called in.
The ma
jority o f the agreements provide that if a grievance is still unadjusted
a final attempt at agreement may be made by discussions between na
tional union representatives and top company officials before resort
is made to arbitration.
A few agreements give the union the option of
calling in national union representatives at the final grievance meet
ing.
Several agreements further provide that a textile technician,
appointed by the United States Conciliation Service, may be called
in either by mutual consent or by either party, to assist in settlement
before arbitration.
36
Under 25 agreements, covering 70 percent o f the employees, the
grievance must be put into writing at some or all stages of the pro
cedure. Some agreements lim it the number o f employees composing
the shop committee— usually a total of 5, or 1 from each department.
In order to expedite the disposition of grievances, and forestall
prolonged delay at any one step, 34 agreements, covering approxi
mately 90 percent o f the employees, impose time limits on some or all
stages in the grievance procedure. In the majority of the agreements
in this group the time limit is imposed on all stages.
Kegular meet
ings (usually semimonthly) between company officials and depart
ment or general shop committees are provided for in 20 agreements,
covering over h alf o f the employees under the agreements analyzed.
P aym en t fo r time spent during grievance m eetings.— Payment for
time spent during specific steps (usually the first two) o f the grievance
procedure is granted to shop stewards, union committees, and some
times the employee involved, under seven agreements, covering 36
percent of the employees; while such payment is granted for all stages
under four agreements, covering 7 percent o f the employees. Three
agreements, covering 10 percent o f the workers, expressly state that
time granted for adjustment o f grievance will be without pay. The
remaining agreements do not indicate whether such time is to be with
or without pay.
A
Should an employee have any grievance, an earnest effort shall be made to
adjust such grievance immediately in the following m anner:
Step No. 1 .— Between the shop steward and aggrieved employee on the one
side, and the overseer in the department in which the aggrieved employee is
employed on the other side.
Step No. 2 .— I f the grievance is not adjusted under step No. 1 within 3 working
days after its presentation to the overseer, it shall be reduced to writing, dated,
and signed by the employee involved and the shop steward. The grievance shall
then be discussed between the shop committee for the mill in which the dispute
arose and the union business agent, on the one side, and the superintendent or a
representative of the mill (and such assistance as he may desire) on the other
side.
Step No. 8 .— I f the grievance shall not have been adjusted within 5 working
days after its presentation to the superintendent of the mill in accordance with
step No. 2 it shall be taken up between a representative of the union on the one
side, and the agent or a representative of the company on the other side.
Any grievance not adjusted in accordance with the foregoing procedure within
15 working days after its presentation to the overseer (unless a mutually agree
able extension of time is agreed upon) may be submitted by either party to
arbitration in accordance with article I X hereof. I f not referred to arbitration
within 15 working days after step 3 of the grievance procedure is exhausted, the
issue shall be considered as closed, unless mutually agreed otherwise.
Where steps 1 and 2 of the grievance procedure take place during working hours,
the company will pay on a straight-time basis for time actually lost by the shop
steward, the union committeemen, and the employee involved. The company
Shall not be bound to pay for the time lost in attending to steps 3 and 4 of the
grievance procedure.
The company shall have the right to initiate proposals within the framework of
this agreement, to present grievances, and to submit issues to arbitration.
9
B
It is understood that casual corrections and necessary routine chahges are not
subject to the grievance procedure unless application of such matters creates a
grievance.
Grievances arising out of the operation or interpretation of this contract, or
concerning wages (other than general wage increase or decrease proposals as
provided in section 9 ) , hours, or other conditions of employment, shall be settled
in the following m anner:
The employee or employees involved and the shop steward of that department
shall jointly discuss the matter with the overseer and/or his assistant in an
endeavor to settle the matter satisfactorily to the union.
I f the grievance is not settled as provided in the preceding paragraph, the
complainant shall then present it in writing to the plant superintendent and the
shop steward within 5 days. The company agrees that when such notice is
received, the plant superintendent will meet with the aggrieved employee or
employees and the shop steward promptly at a mutually satisfactory time and
place, other than during the working hours of those involved, and attempt to
adjust the grievance.
I f they fail to reach a satisfactory adjustment, the general shop committee
shall, if it decides the grievance has merit, attempt to adjust the matter with
plant management. Plant management’s answer on matters in question shall
be furnished the union in writing within 3 days of such conference.
I f they fail to reach a satisfactory adjustment, the general shop committee
may refer the grievance to a representative of the Textile Workers Union of
America, who, with the general shop committee, shall attempt to adjust it with
the executive management of the company,
the executive management of the company.
The company agrees that plant management will hear grievances every 2
ances once each month on regular stated d ays; and that any grievances presented
to either management in writing 2 working days ahead o f such grievance hearing
date, will be heard on the next grievance hearing day; and if not presented 2
working days ahead of the next grievance day, said grievance will then be heard
on the following grievance day. The management will thereupon make prompt
decision and give the union its answer in writing, which shall be within 3 days
unless the necessary investigation will take a longer period of time, in which
event the local union will be advised.
C
When an employee has a grievance he or she should report it to the foreman
with or without the shop steward of the union. The foreman shall act upon
the grievance as promptly as possible and report his action on the grievance
to the shop steward and to his (the foreman’s) immediate superior and the
final decision shall be sent by his superior to the office of the personnel depart
ment.
I f the aggrieved employee feels the grievance has not been satisfactorily ad
justed, then the complaint shall be put in writing and the business agent shall
contact the personnel agent, who will endeavor to adjust the grievance by calling
in the foreman’s superior for explanation and conference.
38
I f the foregoing steps No. 1 and No. 2 fail to adjust the grievance, the local
business agent and/or international representative of the union shall be granted
access to the mill for the purpose of investigating such grievance, and he may be
accompanied during such access by a representative of the employer.
If, then, the business agent feels that the grievance has not been satisfactorily
adjusted it shall be taken up between the union and management.
The employer agrees to pay for time lost to such of its employees who are
representatives of the union, while in attendance at grievance meetings with
management. Such compensation shall be equivalent to the amount such em
ployee would have earned had he remained on his job instead of attending the
grievance meeting. I f such meetings last beyond the end of the normal shift of
such employee, he shall be paid on a straight time basis for the additional hours
beyond his normal shift if such additional hours have not been allowed for in
his normal shift.
D
(See Appendix A, Agreement No. 1, pars. 61 to 67.)
ARBITRATION
A l l but one o f the agreements analyzed provide for impartial ar
bitration o f disputes still unsettled after exhaustion o f the grievance
machinery. Arbitration is invoked at the request o f either party
except in one instance, where it is invoked only at the request o f the
union.
A number o f agreements specifically exclude from arbitration ques
tions involving any change in the terms and conditions o f the agree
ment, or state that the arbitrators shall have no power to m odify or
add to its terms. Five agreements exclude general wage changes from
arbitration, four exclude promotions to supervisory positions, and two,
including the Riverside and Dan River agreement, also exclude pro
motions to nonsupervisory positions. Several agreements which in
clude maintenance-of-membership clauses stipulate that any dispute
arising under these provisions is to be referred to arbitration, in one
instance to an arbitrator appointed by the National W a r Labor Board
i f the dispute arose prior to or during the 15-day escape period.
O f the 44 agreements which provide for arbitration o f unsettled
disputes, 37, covering approximately 60 percent of the employees,
stipulate that the arbitrator or arbitration board is to be selected at
the time o f the dispute.
Three agreements, including the New B ed fo rd -F all River, desig
nate an outside individual to act as permanent impartial arbitrator
fo r the duration o f the agreement.
Three agreements designate the
state boards of arbitration, and the remaining agreement names the
National W a r Labor Board for final arbitration.
M ost frequently, unsettled disputes are referred to a single arbi
trator, this provision occurring in 16 agreements, covering nearly h alf
o f the employees.
(O ne o f these agreements also provides for a tri
partite board for disputes over wage provisions.)
39
Nine agreements grant the parties the option of using either a single
arbitrator or a board of 3—this to be decided by mutual agreement in
all instances except 2. Under the New Beclford-Fall River agreement
either party may request a tripartite board with the permanent arbi
trator as chairman, and under the other a board is set up only if the
parties are unable to agree on a single arbitrator in 2 weeks.
Under nine agreements a tripartite board, composed of one member
chosen by each party, with the third jointly selected, is to be set up at
the time of the dispute. Seven agreements provide for a bipartisan
board, with a third member to be chosen if the board fails to come
to a decision within a specified time. As mentioned previously, three
agreements refer unsettled disputes to State boards o f arbitration.
U. S. DEPARTMENT OF AGRICULTURE PHOTO BY FORSYTHE
Fig. 5.—Broadloom weaving
Most agreements make some provision for an outside agency to
select an impartial arbitrator in the event the two parties are unable
to agree on a selection within a specified time, varying from 24 hours
to 15 days. Usually the American Arbitration Association or the
United States Conciliation Service—in one instance the Regional War
Labor Board—is designated. When disputes involve technical ques
tions, a number o f agreements specify either that the arbitrator be a
textile technician appointed by the Conciliation Service or that he
avail himself of the services of a technician from the Conciliation
Services staff.
40
In addition to imposing time limits on the selection o f arbitrators,
a number o f agreements limit the time in which either party m ay re
quest arbitration, and some specify the time during which negotia
tions must begin.
A small proportion stipulate that a decision must
be rendered within a specified time after hearings are completed,
usually 10 days, while some merely state that a decision shall be ren
dered as promptly as possible.
A
Any dispute, difference, disagreement, or controversy of any nature or char
acter, whether or not a grievance, between the union and the company, which
has not been satisfactorily adjusted within 15 working days after the initia
tion of conferences between representatives of the union and the company, shall
be promptly referred to arbitration by either party hereto as follow s:
Within 5 working days after receipt of written notice of a demand for arbi
tration sent by either party to the other, the parties shall mutually agree upon
a single arbitrator who shall hear and decide the dispute. I f the parties shall
fail to agree upon a single arbitrator within the aforesaid 5-day period, then and
in that event the arbitrator shall be appointed by the Director of the United
States Conciliation Service. The arbitrator shall hold hearings upon the issue,
make such investigations as he shall deem necessary to a proper decision, and
render his decision in writing, which shall be final and conclusively binding upon
the parties hereto. The costs of the arbitration shall be shared equally by the
union and the company.
It is understood and agreed that questions involving changes in the terms and
provisions of this agreement shaU not be subject to the foregoing grievance pro
cedure or arbitration hereunder.
B
I f the company’s decision made as above provided is not satisfactory to the
union, the union may make demand in writing for arbitration as hereinafter pro
vided. Said demand for arbitration must be made within 10 days of the date
of the company’s decision, and failure to make said demand in writing within
said time shall be an abandonment of said grievance, and no further action
thereon can be taken.
The parties hereto may, by mutual consent, prior to arbitration as hereinafter
provided, request the Conciliation Service o f the United States Department of
Labor to send a conciliator and/or one of its textile technicians to assist in a
settlement of the grievance. In the event such request is made, the right of
arbitration shall be postponed until the conciliation has become effective, or
until either party hereto may elect to refer the matter to arbitration and so
indicates by a demand in writing.
C
Should any disagreement arise between the parties hereto as to hours, wages,
or working conditions or as to the interpretation or application of this agree
ment, or as to whether either of the parties has failed or is failing to comply
with this agreement, and such disagreement is not satisfactorily settled by nego
tiation within a reasonable time after it has first been brought to the attention
of both parties, either party may require that the disagreement be referred to
arbitration by requesting the same in writing. Such disagreement shall be sub-
41
mitted for arbitration to the New York State Mediation Board, which shall
appoint an arbitrator whose decision shall be final and binding on both parties.
D
(See Appendix A, Agreement No. 1, par. 69 to 73.)
Provisions Governing Discharge o f Workers
A large majority o f the agreements, covering approximately 75 per
cent o f the employees, specify that workers may be discharged only
for “ just” or “reasonable” cause.
A number o f these, in addition,
include a list o f specific causes for justifiable discharge— for example,
inefficiency, insubordination, persistent infraction o f company rules,
and engaging in slow-downs, strikes, and picketing.
Several other
agreements merely state that workers may be discharged for one or
more o f the reasons mentioned above.
Only two agreements, the New
B ed fo rd -F all River and the Nashua Manufacturing Co., Nashua D iv i
sion, specifically provide fo r notice prior to discharge.
Under both
agreements the employee is suspended for a period o f 7 days, during
the earlier part o f which an appeal may be made.
I f the employee is
discharged and later reinstated through grievance and arbitration
procedure, he is to receive, under the New B e d fo rd -F a ll River agree
ment, such compensation for time lost as is determined by the impartial
arbitrator; under the Nashua agreement, he is to receive back pay to
cover the period o f suspension, as well as discharge.
The right to appeal discharge cases through grievance and arbitra
tion procedure is specifically granted the union in agreements covering
over three-fourths o f the employees in this group. In the remaining
agreements, it can be assumed that discharge cases m ay be appealed
through the regular grievance and arbitration machinery, since any
dispute may be appealed. In most instances where provision is made
for appeal, protest must be presented to the company within a specified
time after discharge, usually within 5 days or 1 week.
Agreements covering over two-thirds o f the employees in this group
specify that employees found to be unjustly discharged must be re
instated with back pay either fo r all time lost or “ for time lost as
m ay be determined” by the arbitrator, and in one instance for time lost
unless contrary to the decision o f the arbitration board,
A
The right to discharge employees shall remain in the sole discretion of the
company, except that no discharges shall be made without just cause— Just cause
to mean, among other things, inefficiency, insubordination, or persistent or seri
ous infracton of rules relating to the health or safety of other employees, or of
rules reasonably promulgated by the management relating to the actual operation
o f the plant, or engaging in a strike or group stoppage of work of any kind, slow
42
down strike, sabotage, picketing, or failure to abide by the terms of this agree
ment or by the award of the arbitrator.
In the event that an employee shall be discharged by the company, and such
employee believes that lie has been dealt with unjustly, such discharge shall
constitute a case arising under the method of adjusting grievances herein pro
vided. In the event it should be decided under the rules of this agreement that
an injustice has been dealt an employee with regard to the discharge, the company
shall reinstate such employee with such compensation for the time lost as may
be determined. All such cases of discharge shall be brought to the attention of
the company within 1 week of the date of discharge and disposed of within the
time limits set in articles V III and IX .
B
No employee shall be discharged except for just cause— just cause to mean,
among other things, inefficiency, insubordination, or persistent or serious infrac
tion of rules relating to the health or safety of other employees, or of rules
reasonably promulgated by the management relating to the actual operation of
the plant, or engaging in a strike or group stoppage of work of any kind, slow
down, strike, sabotage, jacketing, or failure to abide by the terms of this agree
ment or by the award of the arbitrator.
No employee shall be discharged without first being suspended and notified that
a discharge is under consideration. Such suspension shall become automatically
a discharge (unless otherwise directed by the official of the employer designated
for this purpose) within seven regularly scheduled working days of the em
ployer’s mailing to the union written notice of the suspension and of the specific
reason or reasons therefor.
A grievance alleging such suspension is unjust or discriminatory must be mailed
to the employer official above referred to within three regularly scheduled working
days of the union’s receipt of the employer’s written notice of the suspension
and of the specific reason or reasons therefor. I f the employer official above
referred to specifically directs that such suspension shall not become a discharge,
the employee involved shall be given pay for all time lost by reason of the
suspension.
However, it is distinctly understood that an employee must leave the property
of the employer immediately upon suspension. It is further understood that
failure of the employee to do so promptly and in an orderly manner shall in itself
be sufficient grounds for the suspension becoming a discharge, regardless of the
justice or merits of the suspension itself.
Any such suspension (and a resultant discharge) case may be referred to
arbitration under this agreement and, if the arbitrator finds that the employee
was unjustly suspended and discharged, the employee shall be reinstated with
pay for all time lost by reason of the suspension and discharge.
Strikes and Lock-Outs
A ll of the agreements analyzed restrict stoppages o f work to some
extent.
In fact, 42 o f the 45 analyzed prohibit stoppages for the dura
tion o f the agreement except in several instances under specific con
ditions.
Six o f these grant the union the right to abrogate the strike
provision in the event the company fails to comply with the arbitra
tion award or, in 2 instances, if the company refuses arbitration.
On
the other hand, 3 of the 6 add that the company may cancel the agree-
Fig. 6.—Inspecting and cleaning the finished cloth
44
ment if the union refuses compliance, and another if the union violates
the no-strike provision. Three agreements permit stoppages because
o f disagreement over a general wage change, provided that firemen
and sufficient crew remain on duty to provide fire and other necessary
protection.
Another agreement releases the union from the strike
provision i f the company reduces wages without written approval o f
the union.
The remaining 8 o f the 45 agreements (including the 1 which has
no arbitration provision) prohibit stoppages of work until exhaus
tion o f the grievance machinery.
One of these further prohibits stop
pages until the United States Conciliation Service has attempted to
settle the dispute and the strike has been authorized by the inter
national union.
Another 1 o f these 3 agreements abrogates the pro
vision i f the company increases the “ full-tim e workweek” or reduces
the rates o f pay.
In the event o f unauthorized strikes, 24 agreements, covering ap
proximately 65 percent o f the employees, provide for some action by
either the union or the company.
Under 10 agreements, employees
participating in an unauthorized stoppage or slow-down are subject
to dismissal; under another, only engineers, firemen, or watchmen
participating arc subject to discharge.
One agreement penalizes em
ployees violating the no-strike clause by loss o f seniority, another by
loss o f seniority for 3 months if 25 percent participate and for 6
months if over 25 percent participate. Under the remaining agree
ments in this group, the union agrees to “ endeavor to secure a return
o f the strikers to work” or to order such employees to return to work.
A
There shall be no strikes, walk-outs, stoppages, or slow-downs of work by
the union or any of its members, nor any lock-outs by the company during the
life of this agreement. In the event that any employees strike or walk out or
engage in a stoppage or slow-down of work, the union agrees that it will im
mediately order all such employees to return to work and any employees who
engage in such action and fail to comply with the order of the union within
24 hours shall be automatically discharged.
B
It is hereby agreed that there shall be no strikes, stoppages of production of
any kind, or lock-outs during the term of this agreement or any renewal thereof.
The union agrees that it will not call nor sa n ^ io h a n y strike or stoppage of
production by any of its members. The union hereby reserves the right to sanc
tion a strike in the event the employer shall refuse to comply with any decision
or award duly rendered by the board of arbitration and the employer may cancel
this contract if the union or union members shall refuse to comply with any
decision or award duly rendered by the board of arbitration.
45
C
It is agreed that, until after all reasonable efforts have been made through
collective bargaining to settle disagreement between the company and the mem
bers of the union, and until the Conciliation Service of the United States De
partment of Labor has been given ample opportunity to perform the duties of its
office, there shall be no strikes, walk-outs, slowing down of work, or cessation
of work by any of the members of the union and no lock-outs by the company
against the members of the union, provided that in case of a strike either au
thorized or unauthorized, the company shall be under no obligation to start the
mill up until such a time as it desires, or to start the mill up at all.
Any employee or employees who may be guilty of violating any of the pro
visions of this section shall be subject to discharge if disciplinary measures
shall prove of no avail, and the union agrees that in no event shall the union
permit or sanction any strike, slowing-down, or stoppage of any work of any
kind until the procedures provided for in section II (grievance procedure) or
III (arbitration procedure) hereof, as the case may be, have been complied with,
and all efforts of harmonious settlement, including the provision for United
States Department of Labor Conciliation Service, have been exhausted, and
until after such strike, slowing-down, or stoppage of work shall have been ap
proved by the authorized officers of the United Textile Workers of America.
Appendix A
T w o agreements are presented in full on the follow ing pages— one
negotiated by the Textile W orkers Union o f America (C I O ) and one,
by the United Textile W orkers o f America ( A F L ) .
Both are quoted
verbatim except for omission from Agreement No. 1 o f exhibits A
and C , which list names o f member mills and wage rates, respectively.
The companies and the unions have granted permission for pub
lication o f these agreements as illustrative o f agreements in their
entirety, in contrast to the presentation in the text of parts o f agree
ments dealing with particular subjects.
Agreement No. 1.— Textile Workers Union o f America (CIO)
[1]
Agreement entered into t h i s -----------, by and betw een -----------Association
and ----------- Association (all of which are hereinafter referred to collectively
and severally as “the employer” ) , party of the first p a rt; and Textile Workers
Union of America (CIO) (hereinafter referred to as “the union” ), party o f
the second part,
WITNESSETH
[2]
In consideration of the mutual covenants herein contained, the parties
hereto agree as follow s:
A b ticu : I.— Purpose and scope o f the agreement
[3]
(a ) The purpose of this agreement is to provide orderly collective bar
gaining relations, to secure prompt and equitable disposition of grievances,
to establish fair wages, hours and other working conditions, to maintain a
harmonious relationship between the union and the associations and their mem
ber mills, to prevent strikes and lock-outs, and to promote the stability and
prosperity of the textile industry in ---------- and -----------, for the benefit of all
who are dependent on that industry.
[4]
(h ) This agreement shall apply uniformly to all mills signatory to this
agreement and to all mills which now are or which hereafter, during the life
of this agreement, shall become members of either association. Notwithstand
ing the withdrawal, resignation, suspension or expulsion of any member mill
from either association the member mill involved shall continue to be bound by
the terms of this agreement for the full term hereof and all obligations of such
member mill to the union and to the association shall remain unimpaired. As
used herein, the term “mill” or “member mill” shall include the successor
of such a mill.
A rticle II.— R ecognition and union security
[5]
( a ) Recognition. — The ----------- Association and the ----------- Association
hereby recognize the union as the sole and exclusive representative for the pur-
(46)
47
poses of collective bargaining with respect to wages, rates of pay, hours of work,
and other conditions of employment for those employees at their mills i n -----------,
a n d -----------, described under the name of each such mill in exhibit A appended to
this agreement and made part of this article.
[6]
The terms “employee” and “ employees,” as used in this agreement, refer
to each employee and all employees of each company, respectively, for whom the
union is recognized as the exclusive representative for the purposes o f collective
bargaining in accordance with this article II.
[7]
(6 ) Union shop .— A ll present employees shall be required to join the
union within 30 days from the date of this agreement and shall remain members
in good standing in the union as a condition of employment. A ll new employees
shall be required to join the union within 30 days from the date of their employ
ment and shall remain members in good standing in the union as a condition
of employment.
[8]
(c) P referen tial hiring .— It is further agreed that in hiring new em
ployees the employer shall give preference to union members but in the event
union members are not available, new employees may be hired from any source.
[9]
( d ) Check-off o f union dues .— Upon the filing with the office of the
treasurer of the member mill of a written request for such deduction, signed by
the individual employee, the member mill will, during the full term of this
agreement and any extension or renewal thereof, deduct weekly from the wages
of each employee who is a member of the union, union dues and initiation fees
in such amounts as shall be fixed pursuant to the bylaws of the local and the
constitution of the union. The total amount so deducted during each month
shall be remitted to the union or its designee, not later than the tenth day of the
succeeding month. The form of such written requests for the deduction of dues
shall be as set forth in exhibit B appended to this agreement.
[10]
No deduction under a check-off authorization shall be made on account
of assessments or back dues.
[11]
Should any employee who has signed a check-off authorization leave
the employ of any member mill for any reason, his signed check-off authoriza
tion card shall be delivered by the member mill to its association which shall,
upon notice from the union, deposit same with any member mill of either as
sociation which shall thereafter employ said employee, and such member mill
shall comply with the terms of this subsection and the check-off authorization
card.
[12]
(e ) Union a ctivity .— The union agrees that there will be no solicitation
or collection of dues on the property of any employer. The union further agrees
that there will be no solicitation of union membership in any manner which
will interfere with the production or the proper operation of the mill.
[13]
{ f ) B ulletin boards .— Each member mill of the associations agrees to
provide) space on its bulletin board for the posting of official notices relating
to union meetings and other union affairs.
[14]
(g ) A ccess to prem ises .— A representative or representatives of the
union shall have access to the plants of members of the associations for the
purpose of adjusting grievances, negotiating the settlement of disputes, in
vestigating working conditions, and generally for the purpose of carrying into
effect the provisions and aims o f this agreejment. Whenever possible he shall
make an appointment in advance for such visits. In any event the representa
tive of the union shall on arrival at the plant clear through the regular chan
nels of the company for receiving visitors and may be accompanied by a repre
sentative of the employer on any visit into the plant
48
A rticle III.— W ages
[15]
{a ) Minimum w age.— Sixty-five cents per hour shall be the minimum
for all employees except learners and handicapped persons. Present practices
in member mills shall govern learners’ wages, but in no event shall an em
ployee (other than a handicapped person) be paid less than 65 cents per hour
after 6 weeks. W here the learner earns on piece rates more than the estab
lished hourly rate for learners he shall receive; his piece rate earnings.
[16]
It is hereby agreed that effective November 4, 1945, the present rates of
pay or the schedule of rates as determined by the Northern Textile Commission
and such rates of pay negotiated by the parties pursuant to said schedule, to
establish a balanced wage structure, whichever is higher, shall be increased
by 8 cents per hour. The rates of pay for piece and incentive jobs shall be
adjusted immediately to incorporate said increase of 8 cents per hour.
[17]
(b ) H ourly rates.— The hourly rates for the various job classifications
shall be as shown in exhibit C annexed to this agreement.
[18]
( c ) P iece rates. — The following principles and procedures shall govern
piece rates.
[19]
(1 ) Standard "base rates o f pay.— The associations and the union have
agreed that the standard base rates of pay for each job classification shall be
as shown in exhibit C, annexed to this agreement. The standard base rate o f
pay in each case refers to a 40-hour week.
[20]
(2) R elation o f standard base rates o f pay to piece rates.— Piece rates
shall be set at such a point that 60 percent of all piece rate workers (exclusive
of learners) in the same department and on the same type and method of work
will earn the standard base pay on full jobs for a full 40-hour week.
[21]
(3 ) Procedure to be followed when less than GO percent earn the stand
ard base ra te o f pay.— Where, in any week, a piece rate already established does
not enable 60 percent o f the piece workers (exclusive of learners) in the same
department and on the same type and method of work, on full jobs, to earn a
standard base rate of pay, an adjustment in the pay of all the employees in
volved shall be made so that each will receive the amount he would have re
ceived had the piece rate been so established as to enable 60 percent to earn the
standard base rate of pay. I f it is proved that any employer has not properly
adjusted the pays as agreed in this paragraph, all piece rate workers concerned
shall receive the proper percentage of make-up plus a penalty of 5 percent of the
base pay retroactively to cover the period during which the adjustment has not
been properly made.
[22]
Exam ple.— In order that the adjustment procedure may be clearly under
stood a hypothetical example is described in the follow ing:
[23]
Assume that the job classification under consideration embraces weekly
earnings of 10 operatives on activities scheduled with a $30 weekly standard
base rate of pay. Analysis o f the pay roll shows earnings o f 5 highest pays to
range from $30 to $34, while the sixth highest earning is $29, the other 4 being
below this figure.
[24]
This hypothetical case is typically qualified for adjustment. The
process of calculating the rate of adjustment involves establishing the relation
between the sixth weekly earning and the standard base rate of pay. In this
example the percentage of spread or make-up amounts to 3.4 percent.
[25]
The percentage relationship is calculated by dividing the full job earn
ing of the sixth (or sixtieth percent of the whole group) into the standard base
rate of pay for the job classification under consideration.
49
[26]
The process of adjustment involves multiplying the earnings of all
operatives in the group by 103.4 percent thus bringing the group earnings into
line with the principles of this agreement.
[27]
(4 ) Procedure to be follow ed in adjusting piece rates .— I f 60 percent
of the piece-rate workers (exclusive of learners) in the same department and
on the same type and method of work do not earn the standard base rate of
pay for 8 consecutive weeks the piece rate concerned shall be considered sub
ject for review and upward adjustment by an amount which will enable the
said 60 percent to earn the standard base rate of pay, unless the union and the
individual mill management mutually agree otherwise.
[28]
(5) W age inform ation. — Upon the request of the union, the employer
agrees to submit the low, high, and average hourly earnings, exclusive of over
time and bonus payments, of piece and incentive rate employees by job classifi
cation and the number of employees in each job classification. Such requests shall
not be made more frequently than once each quarter.
[29]
The employer will provide the union, and keep up to date, a list of all
rates, classifications, and job descriptions in effect in the mill. Any changes
effected in exhibit O through negotiations or arbitration, pursuant to the pro
visions of this article, shall be reduced to writing and attached to exhibit O as
an amendment thereto.
[30]
(d ) Changes in piece rates .— In changing piece rates or establishing
new piece rates the general principle shall be that piece rates shall be so set as to
produce expected average hourly earnings equal to those being currently paid on
the job, but the union or the employer may institute a grievance, subject to
arbitration, that the piece rate in effect immediately prior to such change or the
new piece rate was improperly set under all the circumstances or yields earnings
on the changed or new job that create gross inequalities within that classification.
On any change of construction or product which is paid on a piece rate basis, it
is understood that a trial period, the length of which shall be agreed upon in
each instance (during which not less than the average earnings on the previous
job shall be paid) shall be allowed before the piece rates are finally set in order
to permit the operation to become settled, and the normal average efficiency to
be established. Either the union or the employer may institute a grievance con
cerning any established piece rate. Changes in basic methods of pay may be
made by mutual written consent of the parties or by arbitration award.
[31]
(e ) Guaranteed individual minimum earnings.— The union and the asso
ciations have agreed that all job classifications shall carry minimum weekly full
time, full job rates of pay amounting to 100 percent of the present base rates of
pay. Each individual employee working at piece rates shall be guaranteed weekly
earnings equal to this minimum weekly rate, except where established practice in
a particular mill has set a higher minimum, in which case the higher minimum
shall apply. The guarantee of minimum earnings to piece rate workers shall
not apply to learners or handicapped employees.
[32]
{ f ) Third sh ift premium.— A premium of 7 cents per hour shall be
paid for all hours worked during the third shift hours. Employees who work any
time on a shift other than their own shall receive the applicable shift premium
for such time. Shift premiums shall be deemed part of the regular rate of pay
in the calculation of overtime under the provisions of this agreement.
[33]
(g ) R eporting pay.— Any employee ordered to report for work and
reporting at the regular hour shall be guaranteed a minimum amount of work or
pay in lieu thereof. In the case of employees on the first and second shifts the
guaranteed work (or pay in lieu thereof) shall be 4 hours; in the case of employees
50
on the third shift, it shall be the full shift. This guaranty shall not apply where
the niiH’s failure to provide work arises from an emergency shut-down due to
causes beyond the company’s control. Where an employee has been working for
the mill regularly, he shall be considered as being ordered to report for his next
regular workday unless, prior to quitting time on the day preceding, notice has
been given that he shall not report. Management shall have the right to require
any employee entitled to reporting time to perform work other than that regularly
performed by him, provided that such an employee shall be paid at the rates of
pay pertaining to such work or at his regular rates of pay, whichever is higher.
For purposes of this article the regular rate of pay of an employee working at
piece rates shall be considered to be the standard base rate for his job classifica
tion, and reporting time shall be calculated accordingly.
[34]
( h ) W aiting tim e .— Each employer recognizes that excessive waiting
time that is within the control of the mill may be the subject of a grievance and
that in any arbitration the matter of compensation for such excessive waiting
time may be determined. The parties shall implement this provision by a more
particular agreement as to waiting time, such agreement to be based on the prac
tices now prevailing i n ---------- ■.
(i) Transfers. — Employees who are temporarily transferred at the
[35]
request of the employer to work on jobs other than their regular occupations
shall receive the rates of pay applicable thereto, or their straight-time average
hourly earnings for the preceding 6 weeks on their regular job, whichever is
higher.
[36]
( / ) W age revision .— Either party hereto may request (1) a general
revision, upward or downward, in rates of p a y ; and/or (2) a revision of any rate
or rates of pay, but such request may not be made oftener than twice a year.
Revisions in rates of pay shall become effective only on the first Monday after
the first day of January or the first Monday after the first day of August;
and shall continue in effect until the termination of this agreement or any re
newal thereof unless changed by mutual agreement or under the provisions of
this section. Requests for a revision in rates of pay under this section shall be
in writing and shall be mailed or delivered to the other party not less than 30
days prior to the requested revision date. Upon the giving of such written
notice, the parties shall immediately negotiate the request, and if they are unable
to agree within 15 days after the receipt thereof, either party may require
arbitration of the dispute under the provisions of article V II of this agreement.
[37]
(fc) Equality.— Women employees shall receive the same rates of pay
as apply to men employees when they perform the same work as is performed
by men.
[38]
(l) E ffective date of wage increase provisions. — Monetary benefits con
ferred by this agreement shall become effective November 4, 1945, except as
may otherwise be expressly provided. All other terms of this agreement shall
become effective upon the date hereof.
A rticle IV.— W ork loads and w ork assignments
[39]
The employer shall have the right to change or introduce machines,
processes, and methods of manufacture for the purpose of insuring the efficient
operation of the mill and utilizing the employees’ working time most pro
ductively and without adversely affecting the workers’ physical or mental
condition or causing undue fatigue. Scientific job analyses, including time
studies, may be prepared by the employer as the basis for establishing fair work
assignments.
51
[40]
All changes in work assignments shall be described as belonging in one
of the following three classes:
[41]
(a ) R outine changes.— Routine changes are those which result from
alterations- in constructions of existing jobs and require no change in methods,
machinery, or equipment.
[42]
(b ) Technological changes.— Technological changes are those which re
sult from changes in equipment or machines used on the job.
[43]
(c ) Other changes .— All other changes are those which are neither
routine nor technological in character.
[44]
(1) Routine changes.— The employer shall have the right to institute
routine changes as conditions require. Whenever requested by the union there
shall be discussion of such changes between the union and management repre
sentatives. I f any differences shall develop between the parties with respect
to routine changes and which are not settled by mutual agreement, such differ
ences shall be submitted for final and binding decision to arbitration, as herein
after provided in this agreement.
[45]
(2) Technological changes.— Management shall first inform the union
of the fact that a change is to be made, of the approximate date of its installa
tion, the nature thereof, proposed duties and job assignment, and the expected
earnings on a mutually agreed-upon form. The parties shall meet and discuss
the proposal at least 2 weeks before the day fixed for the institution of such
change. The employer will furnish all information which is necessary to a
complete understanding of the proposed change.
[46]
The employer may install the proposed change for a trial period of 4
weeks which may be extended by mutual agreement. During such trial period,
the employees shall be paid no less than their previous average hourly earnings
for the previous quarter, as established by the social security records. In the
event final agreement during or subsequent to the trial period results in higher
rates of pay, the employees shall be paid retroactively to the date of assignment
to the job. W ithin 15 days of the expiration of the trial period, the union, if
dissatisfied, may present a written statement of its grievances, and if same
shall not be satisfactorily adjusted by negotiations between the parties within
5 days thereafter, the matter may be submitted by the union to arbitration for
final and binding decision.
[47]
(3 ) Other changes.— There shall be no changes in established work
assignments unless mutually agreed upon or made in accordance with the fol
lowing procedure: The employer or the union may request changes in estab
lished work assignments which are neither routine nor technological in char
acter, and if, within 15 days after negotiations between the parties, upon such
request, the parties shall be unable to agree, the matter may be submitted to
arbitration by either party hereto for final and binding decision as to the pro
posed change and applicable rates of pay.
A rticle V.— H ours , overtim e , and holidays
[48]
(a ) Hours. — The regular hours of work per shift shall be 8 hours per
day and 40 hours per week from Monday through Friday, inclusive, except that
in those departments where by reason of State laws regulating the hours of work
for women the full 40 hours cannot be regularly scheduled from Monday through
Friday, the regular hours of work may be less than 8 hours per day from Monday
through Friday, and so many hours on Saturday as are necessary to make up
40 hours..
52
[49]
(b ) Schedule o f hours .— Schedules showing the present regular hours
of work per day and the regular days of work each week for each shift by depart
ments as now agreed upon for each member mill shall be furnished to the union.
Changes in the starting time and closing time of shifts established by such sched
ules shall be subject to agreement with the union, and failing agreement, to
arbitration.
[50]
(c ) Overtime,— Overtime shall be governed by the following provisions:
[51]
(1) E xcess hours.— All hours worked in excess of 8 in any 1 day, all
hours worked in excess of any regularly scheduled shift of less than 8 hours by
employees so scheduled, and all hours worked in excess of 40 in any 1 week,
without pyramiding however, shall be paid for at the rate of time and one-half.
This section shall not preclude the employer from rescheduling shifts up to
8 hours.
[52]
(2)
W ork on Saturdays.— W ork performed on Saturday shall be paid
for at the rate of one and one-half times the employee’s regular rate of pay except
in the following cases:
[53]
(a ) Those hours worked on Saturday as part of the regular schedule
by employees in one of the departments referred to in section A above where
State laws prevent scheduling a regular 40-hour week from Monday through
Friday, inclusive;
[54]
(b) Those hours worked on Saturday by the third shift as part of its
regularly scheduled workweek of 40 hours; and
[55]
(c) Where the work is performed by watchmen, guards, and firemen
whose regularly scheduled workweek includes Saturday work.
[56]
(3) Holidays. — One and one-half times the regular rates of pay shall
be paid for all work performed on the following holidays: New Year’s Day,
Washington’s Birthday, Patriot’s Day (April 19 ), Memorial Day, Independence
Day, Labor Day, Columbus Day, Armistice Day, Thanksgiving Day, and Christ
mas Day. I f any of the above-mentioned holidays shall fall on a Sunday the
succeeding Monday shall be deemed the holiday.
[57]
(d ) Sunday work. — Twice the regular rates of pay shall be paid for
work performed on Sundays, except where the work is performed by watchmen,
guards, and firemen whose regularly scheduled workweek includes Sunday work.
[58]
(e) Maintenance men.— Any shift maintenance men called in to work
outside of their shift hours shall receive time and one-half for all hours worked
up to 10 p. m. and double time for all hours worked from 10 p. m. to their regular
starting time.
[59]
{ f ) W atchm en , guards , and firemen.— Watchmen, guards, and firemen
shall be paid one and one-half times the regular rates of pay for work performed
on the sixth day, and twice the regular rates of pay for work performed on the
seventh day in their regularly scheduled workweek.
[60]
(g ) Overtim e not to be pyramided.— Where particular work falls within
2 or more overtime classifications, only the highest single overtime rate shall be
paid.
A rticle V I.— Adjustm ent o f grievances
[61]
Should an employee have any grievance, an earnest effort shall be made
to adjust such grievance immediately in the following m anner:
[62]
(a ) Step No. 1.— Between the shop steward accompanied by the ag
grieved employee, in the employee’s discretion, and the overseer of the depart
ment.
[63]
( b ) Step No. 2.— I f the grievance is not adjusted under step No. 1 after
its presentation to the overseer, it shall be reduced to writing, dated and signed
53
by the employee involved and the shop steward. The grievance shall then be dis
cussed between the shop committee for the mill in which the dispute arose and
the union business agent on the one side, and the representative of the plant
(and such assistance as he may desire) on the other side.
[64]
(c) Step No . 3 .— I f the grievance shall not have been adjusted within 7
days after its presentation to the overseer in accordance with step No. 1, it shall
be taken up between a representative of the union on the one side, and a repre
sentative of the employer and representatives of the association of which the
employer is a member on the other side.
[65]
(d ) Step No. 4 -— Any grievance not adjusted within 15 days after its
presentation to the overseer (unless a mutually agreeable extension of time is
agreed upon) may be submitted by either party to arbitration in accordance with
article V II hereof. I f not referred to arbitration within 15 days after step 3 of
the grievance procedure is exhausted, the issue shall be considered as closed,
unless mutually agreed otherwise.
[66]
(e) Where steps 1 and 2 of the grievance procedure take place during
working hours, the company will pay on a straight-time basis for time actually
lost by the shop steward, the union committeemen, and the employee involved.
The company shall not be bound to pay for the time lost in attending to steps 3
and 4 of the grievance procedure.
[67]
( f ) A member mill or either association shall have the right to initiate
proposals within the framework of this agreement, to present grievances, and to
submit issues to arbitration.
A rticle V II .— No strikes or lock-outs; Arbitration
[68]
It is hereby agreed that the union will not initiate, authorize, sanction,
support, nor engage in any strike, stoppage, or slow-down of work and that
neither any member mill nor either association will lock out any employee or
group of employees, since this agreement provides for the orderly and amicable
settlement and adjustment of any and all disputes, differences, and grievances.
In case of an unauthorized strike, the union agrees that it will loyally and in
good faith endeavor to secure a return of the strikers to work to the end that
the dispute may then be settled peaceably in accordance with the procedures set
up herein.
[69]
Any dispute, difference, disagreement, or controversy of any nature or
character, whether or not a grievance, between the union and a member mill or
either association, which has not been satisfactorily adjusted within 15 working
days after the initiation of conferences between representatives of the union
and the member mill and/or association, shall be promptly referred to arbitration
by either party hereto as follow s:
[70]
Within 10 working days after receipt of written notice of a demand for
arbitration sent by either party to the other the dispute shall be submitted to
arbitration before Prof. Douglass V. Brown of the Massachusetts Institute of
Technology as impartial arbitrator who shall act during the term of this agree
ment.
The impartial arbitrator shall hold hearings upon the issue, make such
investigations as he shall deem necessary to a proper decision, and render his
decisions in writing which shall be final and conclusively binding upon the
parties hereto. In case either party shall demand it, a 3-man board of arbitra
tion shall be constituted.
This board shall consist of Professor Brown as
chairman, a representative chosen.by the union, and a representative chosen
by the association. A unanimous decision of this board shall be final and bind
ing, upon the parties. In the event of a failure to reach a unanimous decision,
54
the written decision of the impartial chairman shall be final and binding on
the parties hereto.
The expenses of the impartial chairman shall be shared
equally by the parties.
[71]
In the event of the decease, withdrawal, or incapacity of the impartial
arbitrator named above, within 5 days the parties will by mutual agreement
designate another in his place.
[72]
It is understood and agreed that questions involving changes in the
terms and provisions of this agreement shall not be subject to the foregoing
grievance procedure or to arbitration hereunder.
[73]
A ll notices sent by the union regarding grievances, arbitrations, nego
tiations, contract terminations, etc., shall be sent in duplicate, addressed to the
mill affected and the association of which it is a member.
A rticle V III.— Suspension; Discharge
[74]
(a ) Just cause.— The right to discharge employees shall remain in the
sole discretion of the employer, except that no discharge shall be made without
just cause— just cause to mean, among other things, inefficiency, insubordination,
or persistent or serious infraction of rules relating to the health or safety of
other employees, or of rules reasonably promulgated by the management relating
to the actual operation of the plant, or engaging in a strike or group stoppage of
work of any kind, slow-down strike, sabotage, picketing, or failure to abide by the
terms of this agreement or by the award of the impartial chairman.
[75]
(b) Procedure. — No employee shall be discharged without first being
suspended. The suspension shall become a discharge automatically, unless the
employer shall indicate otherwise, on the seventh regularly scheduled workday
after the employer has mailed to the union and the employee involved a notice
of the suspension and automatic discharge with the specific reasons therefor.
Said notice shall be entitled “ Suspension-Discharge Notice” and shall be mailed
within 2 regularly scheduled working days after the suspension.
[76]
I f the union considers the suspension and automatic discharge unjust,
improper, or discriminatory, it shall mail the employer notice thereof within
5 regularly scheduled working days after receipt of the aforementioned “ Suspen
sion-Discharge Notice” and the matter shall thereupon constitute a grievance
which may be adjusted in the manner provided in this agreement. I f the impar
tial chairman finds that the employee was unjustly, improperly, or discriminatorily suspended and automatically discharged, he shall reinstate such employee
with such compensation for time lost as the impartial chairman may determine.
[77]
However, it is distinctly understood that an employee must leave the
manufacturing premises of the employer immediately upon suspension. It is
further understood that failure of the employee to do so promptly and in an
orderly manner shall in itself be sufficient grounds for the suspension becoming
a discharge, regardless of the justice or merits of the suspension itself.
[78]
The provisions of this article shall not preclude or govern the adjust
ment of grievances over suspension which do not become discharges automatically
and such suspensions shall be subject to adjustment in the manner provided by
article V I and article V II of this agreement.
A rticle I X .— Seniority
[79]
(a ) Principles o f seniority.— The basic principle to be established is
that of classified occupational seniority by departments.
[80]
(b) Transfers. — Any employee transferred from one classification or
department to another shall continue to accumulate seniority in his old classifi
55
cation or department, and shall not be placed upon the seniority list of his new
classification or department for a period of 12 months after such transfer. A t
the end of such period of 12 months the employee so transferred shall lose his
seniority in his old classification or department and shall be placed upon the
seniority list in his new classification or department, his seniority therein to
accumulate from the original date of his transfer.
[81]
(c) Seniority lists.— A seniority list shall be prepared for each job clas
sification, with the names of employees thereon in order of their seniority. Each
list shall be furnished to the union and shall be revised twice each year. A n y
grievance with respect to any list shall be submitted to the employer within 30
days after the list shall have been furnished to the union.
[82]
(d ) Probationary em ployees .— An employee shall acquire no seniority
(luring the first 30 days of his employment in a member mill, but at the end of that
time his seniority shall date from the beginning of his employment. Discharge
of an employee during the first 30 days of his employment shall not be made the
subject of a grievance.
[83]
(e) Lay-offs and recalls. — In all cases of lay-offs and recalls following
lay-offs, seniority as established by the applicable seniority lists shall govern. In
cases of lay-offs, the last one in shall be the first one out, and in cases of recall,
the last one out shall be the first one in.
[84]
( f ) Shift transfers. — Vacancies which may occur in any operation which
is operated on a shift basis shall be filled by employees in accordance with their
seniority ratings as follow s: Should a vacancy occur on the first shift, the worker
on the second shift having the highest seniority for that operation who desires
to make the transfer shall be assigned to the jo b ; but if no one on the same occupa
tion on the second shift requests a transfer to fill the first shift vacancy, then the
employee with the highest seniority on the third shift shall upon his request be
transferred to fill the first shift vacancy; should a vacancy occur on the second
shift, the same procedure shall be followed and the assignment shall be made
from amongst the third shift workers. The order in cases of shift transfers
shall be from the third shift to the second shift to the first shift. Each em
ployee desiring to be transferred from one shift to another shall notify his over
seer of such desire, and each overseer shall keep a permanent list by operation
of the employees desiring to make such transfer. After the transfer has been
offered to all on the list, vacancies may be filled from any source. The provisions
of this section shall not apply to temporary employment or transfers made neces
sary by the absence of regular employees of the first or second shifts.
[85]
(g ) Prom otion. — In the event a vacancy occurs in any production or
maintenance department excluding supervisors (second hands and up) the
vacancy shall be filled by a worker with experience in the vacant job. I f the
vacancy is not filled by an experienced worker within 30 days after it has oc
curred, then it shall be filled by promotion, on the basis of seniority and ability
to perform the job, from the employees within the department in jobs having
a.functional relationship to the vacant job.
[86]
( h ) Supervisors. — I f promotions are to be made to supervisory posi
tions (second hands and u p), they shall not be restricted by seniority, nor
made the subject of a grievance. Seniority shall be retained and accumulate
for any employee who has been promoted to a supervisory position, for a period
of 90 days from the date of his promotion, for the purpose of determining his
competency by management, or for the purpose of his election to return to his
former job.
[87]
(i) Loss o f seniority. — An employee shall lose all seniority rights if he
or she (a) quits or terminates his or her employment or (b) is discharged. An
56
employee who does not report for work immediately if available, but in any
event within 72 hours after notice of recall, shall be considered as having termi
nated his or her employment, provided that illness incapacitating the employee
for work, or extended absence from home at the time of recall, shall be sufficient
excuse for not reporting if the employer is informed of the excuse within 48 hours
after receipt of notice of recall. An employee who is proved to have been employed
elsewhere during an unauthorized absence from work, or during a permitted leave
of absence, shall be considered as having terminated his or her employment.
[88]
( / ) Leaves o f absence .— Leaves of absence, without loss of seniority,
for appropriate periods, subject to extension upon reasonable request, will be
granted to employees in case of illness, pregnancy, or injury. Leaves of absence
without loss of seniority will be granted to any employee selected or elected to
act as a representative of the union. Leaves of absence may he granted by the
employer for other reasons. The refusal to grant a leave of absence for the
above specified or other reasons, or discrimination between employees in the
grant or refusal of leaves of absence, shall be subject to the grievance procedure
and arbitration clauses of this agreement.
89
In order to avoid unnecessary grievances, the employer agrees to notify
the union in writing once a week of any leaves of absence for periods in excess
of 5 days requested by and granted to employees during the preceding week
and of all extensions.
90
(Jc) Top seniority.— Members of the union shop committee, shop stew
ards, and officers of the local union shall have top seniority, for purposes of
lay-off and recall only, in their respective job classifications during their respec
tive terms of office.
[91]
(?) Modification.— To assure flexible, fair, and equitable application of
the foregoing seniority provisions, either association and the union, by mutual
agreement from time to time, may make variations in the application and depar
ture from the strict requirements thereof.
[92]
(m ) N otice to union.— The employer shall furnish promptly to the union
and its association on a mutually agreed upon form notices of new employees,
quits, discharges, lay-offs, recalls, leaves of absence, and the reasons therefor.
[]
[]
A rticle X .— Em ployment and seniority o f veterans
[]
93
{a ) E m ployee veterans.
(1) Any employee, including probationers,
who left his employment subsequent to May 1, 1940, to perform training or serv
ice in the land or naval forces or their auxiliary services or the merchant marine
of the United States, hereinafter referred to as “military service,” or who shall
hereafter leave his employment for such purpose, while the United States is at
war, shall be deemed an employee on leave of absence, and shall accumulate
seniority credit.
[94]
(2 ) Provided application is made within 90 days after being relieved
from military service or if unable to work by reason of physical disability within
90 days from the time his disability ends, and he has not received a dishonorable
discharge, he shall be restored to his former job or a job of like status and pay
on the basis of his accumulated seniority, and shall be subject to the terms and
conditions of this agreement.
[]
95
(6 ) Disabled em ployee-veterans.— An employee-veteran who returns
with physical handicaps acquired in military service shall be placed and retained
on any job he is capable of doing or may be trained to do on the basis of plant
wide seniority.
57
[96]
(c) Nonem ployee-veterans. — Any veteran of the present war (1) who
was not employed by any person or company for a period of 90 days or more im
mediately preceding his entry into military service, or (2) who, although em
ployed elsewhere than by the employer within the above-specified period, has
acquired physical handicaps in military service, is hired by the employer herein
after he is relieved from military service, and not dishonorably discharged, shall,
upon having been employed for the probationary period provided for all new
employees in this contract, receive seniority credit for the period of such mili
tary service subsequent to May 1, 1940; provided, however, (a ) such non-em
ployee veteran shall have been hired within 90 days from the time he is relieved
from military service, or, if such veteran is unable to work by reason of physical
disability during said period of 90 days, is hired within 90 days from the time
his disability shall have ended; and (b) such non-employee veteran shall not be
employed for the purpose of bringing about the displacement of another employee.
[97]
( d ) Veterans9 comm ittee. — A veterans’ committee, consisting of equal
representatives of the associations and the union, shall be created. This com
mittee shall consider and formulate advisory plans for the assistance, guidance,
and training of veterans, as well as for all other matters affecting them.
A rticle XT.— Vacations and vacation pay
[98]
(a ) Qualifications fo r and exten t of vacations. — Each employee in the
employ of the employer on June 1, 1946, and on June 1 of each succeeding con
tract year, hereinafter called the “ eligibility date,” (1) who has been employed
by the employer for 1 year or more but less than 5 years, immediately prior
thereto, shall receive a vacation of 1 week with vacation pay equal to 2 percent
of his or her total annual earnings for the full year immediately prior to the
eligibility date; (2) who has been employed by the employer for 5 years or
more, immediately prior to the eligibility date, shall receive a vacation of 1
week with vacation pay equal to 4 percent of his or her total annual earnings
for the full year immediately prior to the eligibility date; and (3) who has been
employed by the employer for 3 months or more but less than 1 year immediately
prior to the eligibility date shall receive 2 percent of his or her total earnings for
the period of employment as vacation pay.
[99]
(&) Vacation period.— Vacations shall be scheduled during the period
between June 15 and September 30. The vacation schedule shall be determined
by the employer who shall, however, confer with the union before making it up.
[100]
( c ) Paym ent o f vacation pay.— Vacation pay shall be paid to the em
ployee (in addition to his or her regular earnings) during the week prior
to the beginning of his or her vacation period. Employees who qualify for
vacation and/or vacation pay hereunder but whose employment is terminated
for any reason on or after the eligibility date shall receive their vacation pay
immediately.
[101]
(d ) Em ployees in military service.— Any employee who being in the
regular employ of the employer left his employment to enter directly into “mili
tary service” (as defined in article X ) shall be entitled to vacation pay notwith
standing he left the mill prior to the eligibility date. Such pay shall be equal to
2 percent or 4 percent of his total actual earnings during the year preceding the
eligibility date, in accordance with the provisions of section (a ) above. An
employee returning from military service reinstated in accordance with article X ,
and in the active service of the mill on the eligibility date, shall receive vacation
pay either according to the provisions of section (a ) above, or on the following
basis, whichever is greater: In the case of employees of less than 5 years’ service,
58
2 percent of the average earnings of his occupational group during the preceding
year, and in the case of employees with 5 years’ service or more, 4 percent of
the average earnings of his occupational group during the preceding year. The
provisions of this section shall apply only to employees who are in military
service during the war.
A rticle X I I .— Insurance benefits
[102]
( a ) Insurance coverage. — Each employer shall maintain, at its sole ex
pense, its present group insurance plan. A committee composed of two repre
sentatives of the associations, two representatives of the union, and the im
partial arbitrator (if necessary) shall explore the insurance contract for the
purpose of improving the benefits and methods of the insurance program but
the average cost per employee of the insurance in all the mills shall not be
increased. Any changes or modifications in the present insurance plan recom
mended by the committee shall be adopted by the employer and maintained in
force during the term of this agreement. The committee shall make its decision
so that any changes or modifications may be put into effect on January 1, 1946.
[103]
(b ) R evision .— On August 1, 1946, the union may on 30 days’ notice
request a revision of the insurance program, and failing agreement, the matter
shall be subject to arbitration.
[104]
(c) Governm ent insurance.— Should any Federal or State social se
curity law be enacted and put into effect during the period of this agreement,
providing benefits paralleling any of those contained herein and imposing the
cost thereof upon the employer, then and to that extent only shall such parallel
ing benefit provided herein become inoperative and canceled in the policy of
insurance and the employer shall be relieved of the cost thereof in order to
avoid duplication of insurance costs.
A rticle X I I I .— Termination
[105]
This agreement shall continue in full force and effect until August 1,
1947, and for 1-year terms thereafter, unless written notice of termination shall
be mailed by either party to the other at least 60 days prior to the end of the
then current term, in which event this agreement shall terminate at the end
of the then current term.
[106]
In witness whereof, the parties hereto, by their duly authorized repre
sentatives, have set their hands and seals as of the day and year first above
written.
E xh ib it B
----------- 194-
[107]
I, the undersigned, hereby accept membership in the Textile Workers
Union of America and authorize and direct any member of the ----------- Asso
ciation or -----------Association which is or hereafter shall be my employer, to
deduct from my pay union dues and initiation fee in the amount fixed pursuant
to the constitution and bylaws of my union, and to forward same to Textile
Workers Union of America, or its designee. This authorization and direction
is valid while I am an employee of the employer named below or any member
of either above named associations and the union is the recognized collective
bargaining agency.
Signature of employee
Dept
Address
Mill
Witness
Social Security No.
59
Agreement No. 2.— United Textile Workers of America (AFL)
[1]
This agreement, made and entered into t h i s ---------- , by and between the
-----------and their successors, hereinafter referred to as the “company” , and the
United Textile Workers of America (A F L ), and its local union -----------, with
principal offices in the city of Washington, D. C., hereinafter referred to as the
“union.”
[2]------- The term “ employee” as used in this agreement means all employees
of the company except supervisory personnel, clerical employees, watchmen,
guards, laboratory employees, painters, carpenters, and outside employees. Out
side employees include employees for the upkeep of grounds, employees of the
---------- Inn, the hospital, and the community house. Supervisory personnel in
cludes overseers and second hands.
W IT N E S S E T H
[3]
Whereas, it is the desire of the parties to this agreement to continue to
work together harmoniously and to promote and maintain relations between the
company and the union which will serve to the best interest of all concerned, now
therefore, the parties hereto agree as follow s:
Section 1 .— Recognition
[4]
(a ) The company recognizes the union as the exclusive collective bar
gaining agent for all employees of the company eligible for membership as de
fined and certified by the National Labor Relations Board, and further defined
in the preamble of this agreement. The company agrees to meet with and bar
gain with the accredited representatives of the union on all matters pertaining
to hours of work, rates of pay, and other conditions of employment.
[5]
(b ) Neither the company nor any of its agents will exercise discrimina
tion, intimidation, or coercion against members of the union on account of such
membership. The company will not aid, encourage, promote, or finance any or
ganization which purports to engage in collective bargaining.
[6]
(c) It is mutually agreed that no employee will engage in any activity
on company time that will interfere with the normal and efficient operation of
his job.
[7]
(d ) It shall be mutually understood that the spirit and intent of sub
sections (b ) and (c) is to reserve to the union the conduct of its affairs and to
the employer the general responsibilities involved in the operation of the mill.
Section 2.— Maintenance o f membership and check-off of union dues
[8]
(a ) The company agrees that those employees who are members of the
union and employed at the time this agreement is signed, or who may here
after during the life of this agreement, become members, shall during the term
of said agreement, as a condition of continued employment, remain members of
the union in good standing, unless within 15 days after the signing of this agree
ment, such membership is revoked by written notice forwarded by registered mail
to t h e ---------- and the financial secretary of United Textile Workers of America,
lo c a l---------- . Membership in*the union shall be evidenced by a list prepared
within 15 days o f the signing of this agreement for the deduction of union dues.
Names of employees hereafter joining the union shall be added to the list upon
delivery to the company of a membership card signed by the employee involved.
[9]
(&) The company shall deduct union dues from the weekly wages of all
60
union members and shall on or about the first of each month, turn the same over
to the financial secretary of the local union. No deduction shall be made for
any week in which employee does not work. The union agrees to furnish the
company each week duplicate lists of its new membership for use in connection
with said check-off.
Section 3 .— Job assignment
[10]
It is recognized and agreed that the best interest of the company, and
of the employee, requires efficient job assignment. It is, therefore, agreed that
rates and job assignments may be changed from time to time in order to obtain
and maintain efficient and reasonable job assignments and machine and labor
standards.
[11]
It is agreed that the employer will notify the union of any proposed
changes at least 1 week prior to the desired changes in rates or job assignments
and such changes will be open for discussion.
[12]
It is agreed that after discussion between the company and the union,
if there are any questions which have not been settled to the complete satisfaction
of both parties, the proposed changes will be accepted on a trial basis of 3 weeks.
I f after this trial period, further consideration is necessary or desirable, either
the company or the union will notify the other party and prompt arrangements
will be made for further discussion. I f after 2 weeks from the end of the trial
period no agreement has been reached, either party may demand that the Director
of the United States Conciliation Service of the United States Department of
Labor be requested to send a textile technician to conduct such studies as may be
necessary and he will work with the representatives of both parties to effect an
equitable and satisfactory settlement.
I f a satisfactory settlement is not
reached, the matter will be settled in accordance with the arbitration provisions
of this agreement.
[13]
I f a new style is introduced and runs out before the end of the 3 weeks’
trial period, employees will be paid the rate of pay for the new style or that of
their former assignment, whichever is the greater.
[14]
It is agreed that where an employee is temporarily assigned to a job
for the convenience of the company, such employee shall receive the rate of pay
of his regular job assignment or that of the new assignment, whichever is the
greater. The employee transferred will be confined to qualified employee with the
least seniority and such employee must accept the assignment.
Section 4.— W ages
[15]
I f either the company or the union desires to make a change in the gen
eral wage level, proposal shall be made to the other party, in writing, setting
forth in detail why such changes should be made. Representatives of the com
pany and union will meet promptly for discussion and every effort will be made
to negotiate an agreement. I f an agreement is not reached within 2 weeks of
service of written notice, then the issue may be submitted to the National W ar
Labor Board for decision, and the decision of the National W ar Labor Board
will be final and binding on both parties. I f or when the National W a r Labor
Board is dissolved, issues pertaining to general wage levels which cannot be
agreed between the company and the union within 2 weeks of service of written
notice will be arbitrated by a committee of three, including one representative o f
the company, one representative of the union, and the third permanent arbitra
tor as provided for in section 7 of this agreement.
61
Section 5.— S en iority
[16]
Preference will be given by the company in order of the seniority stand
ing of employees in case of recall, transfer or lay-off from work, provided the
employees have the necessary experience and training and are equally well
qualified to perform the work on the particular job.
[17]
Seniority rights of new employees will be established following a pro
bationary period consisting of the first 6 months of continuous service. Seniority
will then date from the beginning of the 0 months period. Seniority shall be the
total continuous service record, but this record will be broken by quits, releases,
or discharge for cause.
[18]
In case of transfers from one department to another, regardless of
whether from one department to another in the same mill, or from a depart
ment in one of the units of the ---------- Mills to a department in the other
unit of t h e -----------Mills, the transferee will not lose seniority in the department
from which transferred, nor shall such transferee have any promotional seniority
in the department to which transferred, until such transferee shall have worked
6 months in the department to which transferred. If, at the end of 6 months,
the employee demonstrates ability to do work in the department to which
transferred, such transferee will have all seniority in the old department trans
ferred to the new department.
[19]
In regard to transferring from one department to another, the trans
feree will not have any seniority in lay-off and send-outs until transferee has
had 2 months in respective department.
[20]
In accordance with the seniority provisions of this contract, it is inter
preted that the employee will be allowed to make claim for, or advance to, a job
on any shift in his department when an opening exists, provided—
[21]
( a ) The employee’s seniority entitles him to claim right to such job.
[22]
(b) It is optional with the employee or employees concerned.
[23]
(c) The employee, in the opinion of the overseer, is qualified to fill the
job. Where an employee with the highest seniority is not qualified to fill a job,
the shop committee will be notified before the job is filled.
[24]
An employee may bid for a job of a lower classification and qualified
employee will be allowed to move to job of lower classification within 90 days.
Provided, however, the parties hereto will cooperate to the end that production
will not be adversely affected by the operation and/or application of this
subsection.
[25]
It is agreed that the company will post on bulletin boards all jobs of
employees in the bargaining unit that become permanent vacancies within
7 days after each vacancy is established. Bids will be received for 7
days after job is posted and qualified employee will be awarded the job bid
for on the first day of the workweek following this 7-day period. I f no bids
are received in the 7-day period, the company may fill the job as it sees fit,
either with a new employee or qualified spare hand with the least seniority.
S e c t io n
6 .— Leave of absence
[26]
An employee may upon request, and with the approval of the industrial
relations manager and the overseer of the employee’s department, be granted a
leave of absence, not to exceed 6 months and subject to renewal, without loss
of seniority providing he returns to work at the end of the leave of absence
or is granted a renewal by the company. An employee who fails to return at
the end of his leave will be considered as having quit. Leave of absence of 12
62
months may be granted pregnant employees. No leave of absence, including
renewal shall exceed 1 year, except under (c ) below.
[27]
Leaves of absence will be granted for any of the following reasons:
[28]
(a ) Employee’s own illness or disability.
[29]
( b) Illness or death in the employee’s immediate family.
[30]
(c) Military duty. An employee leaving the service of the company
to serve the Federal Government in its armed forces or in Federal mobilization
for war purposes pursuant to resolutions and/or acts in connection with the
national defense or war effort, shall retain and accrue his seniority during
such service, provided he makes application to return to the company within
90 days after he has received an honorable discharge and is physically capable
of performing the work assigned to him.
[31]
( d ) Personal reasons. A leave of absence not to exceed 30 days may
be granted upon request of the employee and recommendation by the overseer
of the employee’s department.
[32]
A leave of absence will be granted an employee to carry on union activ
ity for the United Textile Workers of Am erica; upon termination of such leave,
he shall be returned to his former job or like position without loss of previous
service credit, together with accumulative service, and at the prevailing rate
of pay.
[33]
It is further agreed that the shop committeeman will receive written
notice of any leave of absence granted in his department.
S ection 7.— Negotiation procedure
[34]
Should differences arise between the company and employee as to the
meaning and application of the provisions of this agreement, or if individual dif
ferences are not settled between the employee and his second hand, there shall
be no suspension of work on account of such differences, but an earnest effort
will be made to settle promptly in the following m anner:
[35]
(a ) Between the department representative and second hand or over
seer of the department.
[36]
(b) Between a member, or members of the general committee, and the
industrial relations manager or superintendent of the mill. I f not settled within
2 days, then—
[37]
(c) Between a member, or members of the general committee, and the
industrial relations manager, superintendent, and production manager. I f not
settled within 2 days the complaint will be reduced to writing and submitted for
settlement—
[38]
( d ) Between representative of the United Textile Workers of America
and the production manager of the mill, or officials designated by the company.
[39]
(e) I f agreement cannot be reached within 16 days, then such differ
ences in matters of working conditions, rate of pay, hours of work, and seniority
may be submitted to a committee for arbitration, this committee to be appointed
in the following m anner: The union and company will each appoint one member.
The third member will be Mr. ---------- , who will be known as a “permanent”
arbitrator, and will act as chairman. The findings of this committee, together
with its recommendation, will be final and binding upon both the company and
the union. The cost of all arbitration proceedings will be divided equally between
the company and the union.
S e c t io n 8 . — Strikes
and lock-outs
[40]
There shall be no strikes or stoppages of work called by the union or
lock-outs effected by the company during the life of this agreement.
63
Section 9.— Vacation
[41]
(a ) Employees having 1 year’s seniority and less than 5 years’ seniority
with the company as of June 1, 1946, as defined in paragraph (c) below, will
receive 1 week’s vacation pay at 2 percent of their total earnings for the year
ending May 31,1946.
[42]
(b) Employees having 5 years or more o f seniority with the company
as of June 1, 1946, as defined in paragraph (c) below, will receive 2 weeks’ vaca
tion pay at 4 percent of their total earnings for the year ending May 31, 1946.
[43]
(c) For eligibility under paragraph ( a) , an employee must have ac
cumulated a minimum of 1 year’s seniority with the company prior to June 1,
1946, and for eligibility under paragraph (b), an employee must have accumu
lated a minimum of 5 years’ seniority with the company prior to June 1, 1946.
[44]
( d ) Any employee who voluntarily quits or is discharged for cause
before June 1,1946, is not eligible for vacation pay.
[45]
(e) In the event it is necessary to continue uninterrupted production
in order to meet scheduled requirements, vacation pay will be paid in lieu of time
off.
Section 10.— Union notices
[46]
Bulletin boards will be made available to the union by the company for
the posting of union notices, such notices to be submitted by the shop committee
to the plant superintendent for posting.
S ection 11.— W orkw eek
[47]
{a ) The normal workday shall be 8 hours, and the normal workweek
shall be 40 hours commencing at 11 p. m. Sunday. Time and one-half shall be
paid for work performed in excess of 8 hours in 1 day or 40 hours in 1 week.
[48]
(b) Time and one-half shall be paid for all work performed on the
sixth consecutive day worked in the workweek. The following absences shall
be counted as days worked for the purpose of overtime payment.
[49]
(1) Days or parts of days lost by employees when unable to work on
account of injuries sustained by accidents arising out of and in the course of
their employment. It is further agreed that if any injury results in lost time
of more than seven consecutive days, subsection (1 ) will not apply.
[50]
(2) Days or parts of days lost by employees when they report to work
as required but are not put to work or are sent home before the end of the
day for reasons beyond the employee’s control.
[51]
(3) Days lost because of holiday shut-down on the holidays specified in
this agreement.
[52]
(4) Days lost by employees when they are notified not to report for
work and are required to work on the sixth day of the workweek. This sub
section does not apply to spare hands hired subsequent to the signing of this
agreement.
[53]
(c) Time and one-half shall be paid for all work performed on Sunday.
S e c t io n
12.— R eporting tim e
[54]
(a ) Employees who report to work and are not given work shall be
paid for 4 hours* time at regular rate.
[55]
(b) Employees who report to work and are given work shall be paid
for a minimum of 4 hours’ time at regular pay.
64
Section 13.— W a itin g tim e p a y
[56]
W hen waiting time occurs due to machine break-down, waiting on mate
rials, or for other reasons which cannot be controlled by the employee, the em
ployer will pay the employ ee 75 percent of the occupational wage when on stand
ards, or piecework for down time exceeding 10 minutes.
Section 14 .— Holidays
[57]
It is agreed that there shall be 6 holidays each calendar year, nam ely:
New Year’s Day, Easter Monday, Fourth of July, Labor Day, Thanksgiving Day,
and Christmas Day. Time and one-half shall be paid for all work performed on
these 6 days.
S ection 15 .— Shift differentials
[58]
All employees who work on the third shift shall receive a bonus of 5
cents per hour in addition to their regular rate of pay.
Section 16.— Amendment, termination , and renewal
[59]
(a ) This agreement shall be effective as of September 24,1045, and shall
continue in effect until September 24, 1946, and for yearly periods thereafter
unless written notice is given by either party to the other party not less than 30
days but not more than 45 days prior to the expiration of any such yearly period,
that it is desired to amend or terminate the agreement.
[60]
(5 ) In the evens that such notice is given, such proposed changes,
modifications or amendments to the agreement shall be clearly set forth in writ
ing and the parties shall within 10 days thereafter begin negotiations for a
renewal or modification of this agreement. If negotiations are not completed
prior to the expiration date, this agreement shall continue in force and effect
thereafter subject to cancellation upon 30 days’ notice by either party.
[61]
(c ) This agreement may be amended at any time by mutual agreement
between the parties. I f either party proposes amendment to this agreement dur
ing the life thereof, negotiations on such proposals shall begin within 10 days.
I f no settlement is reached, the provisions of this agreement shall continue in
effect.
[62]
(d ) This agreement supersedes the agreement of September 4, 1944,
between the parties which is hereby terminated.
[63]
In witness whereof, the parties hereto having caused these presents to
be executed by a duly authorized officer this 24th day of September 1945.
t). g . GOVERNMENT PRINTING O F FICE : 1 9 4 7