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U N IT E D ST A T E S D E P A R T M E N T OF L A B O R
Frances Perkins, Secretary
BUREAU OF LABOR STATISTICS
Isador Lubin, Commissioner (on leave)
A . F. Hinrichs, Acting Commissioner

+

Union Agreements in the Petroleum^
Refining Industry in Effect
in 1944

Bulletin l^o. 823

For sale by the Superintendent o f Documents, U. S. Government Printing Office
Washington 25, D. C. - Price 10 cents




Letter o f Transmittal
U n it e d S t a t e s D
B

epartm ent

ureau of

L

of

abor

L

abor,

S t a t is t ic s ,

Washington,y D. C., April 6, 1945.
The S e c r e t a r y o f L a b o r :
I have the honor to transmit herewith a report on union agreements in the
petroleum-refining industry. The report is based on a study of 21 union agree­
ments in effect during all or most of 1944. Almost 60 percent of the employees
working in the petroleum-refining industry were working under the terms of these
agreements.
This report was prepared by Philomena Marquardt under the general super­
vision of Florence Peterson, Chief of the Industrial Relations Division.
A. F. H i n r i c h s , Acting Commissioner.
Hon. F r a n c e s P e r k i n s ,
Secretary of Labor.




(H )

Contents
Page

General characteristics of the industry__________________________________
Extent of union organization___ ________________________________________
Coverage and duration of agreements___________________________________
Union status___________________________________________________________
Collection of union dues____________________________________________
Activities affecting union status____________________________________
Wage provisions______________________________________________
Interim wage adjustments________________________________
Severance pay,________________
Minimum call and call-back pay___________________________________
Shift arrangements and shift differentials___________________________
Transfer rates_____________________________________________________
Miscellaneous pay provisions_______________________________________
Hours and overtime____________________________________________________
Saturday, Sunday, and holidays____________________________________
Paid vacations and sick leave:
Annual paid vacations_____________________________________________
Sick leave_________________________________________________________
Leave of absence______________________________
Seniority, lay-off, and promotions:
Seniority__________________________________________________________
Lay-off and rehiring_______________________________________________
Promotions _ _,______________________________________________________
M ilitary service_______._________________________ _______________________
Working rules__________________________________________________________
Health and safety_________
Physical examinations_____________________________________________
Benefit plans___________
Adjustment of disputes------------------------------Grievance machinery______________________________________________
Payment for time spent in adjusting grievances-------------------------------Discharge______________________________________________________________
Arbitration_____________________________________________________________
Strikes and lock ou ts____________________________




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Bulletin 7^o. 823 o f the
United States Bureau o f Labor Statistics

Union Agreements in the Petroleum-Refining Industry
in Effect in 1944
General Characteristics o f the Industry

The petroleum-refining industry as used in this report includes
establishments primarily engaged in producing gasoline, fuel oils,
lubricating oils, and illuminating oils from petroleum.
Availability of crude petroleum is probably the chief factor in­
fluencing the location of the petroleum-refining industry, although
access to the market is also an important consideration. Tankers and
pipe lines are the chief types of transportation used to bring the crude
petroleum to refineries and the refined products to the markets.
According to the 1939 Census of Manufactures there were 485
refineries located in 36 States, but two-thirds of them were located
in 9 States— California, Indiana, Kansas, Louisiana, New Jersey,
Oklahoma, Pennsylvania, Texas, and Wyoming. In August 1944 the
refineries in those States employed about 80 percent of the wage
earners in the industry, with slightly more than 40 percent concen­
trated in California and Texas.
While the petroleum-refining industry includes a large number of
small plants, a few establishments employ a relatively large proportion
of the total workers in the industry. According to the 1939 Census,
almost three-fourths of the plants, with approximately 15 percent of
the total workers, employed less than 100 workers each. Slightly
less than one-fourth of the plants, with almost 50 percent of the total
wage earners, employed between 100 and 1,000 wage earners. Only
16 out of 485 plants in the industry employed over 1,000 wage earners,
but they had two-fifths of the total workers.
Although production in this industry has greatly increased since
1939, because of technological developments, employment has in­
creased only moderately. In August 1939 there were approximately
73,800 wage earners in this industry; by August 1944 the number had
grown to 91,000.
E xtent o f Union Organization

Between 50,000 and 60,000 wage earners, representing about 65
percent of the total employed in the petroleum-refining industry, are
covered by agreements with affiliated unions. Unionization on a
fairly extensive scale in this industry is a development of recent years.
In 1917 the International Association of Oil Field, Gas Well & Refinery
Workers of America was organized in California and Texas and
chartered by the American Federation of Labor in 1918. Membership




( 1)

2
reached a peak of 24,800 in 1921, but declined sharply as employee
associations confined to single companies developed in the industry;
by 1933 the union was practically dormant. A vigorous membership
drive in 1934 produced the first organization of workers in this in­
dustry on a national scale. In 1935 the union became a charter
member of the Congress of Industrial Organizations, and in 1937 the
name was changed to the Oil Workers International Union. A few
agreements covering operating and maintenance workers in petroleum
refineries have been signed with A. F. of L. unions,1 the most impor­
tant being the International Union of Operating Engineers. However,
none of the unions except the Oil Workers have as many as 5 percent
of the workers who are estimated to be under union agreement in this
industry. A considerable number of the workers are under agreements
negotiated by unions which have members in only one company.
Coverage and Duration o f Agreem ents

The following discussion is based on an analysis of 21 agreements
in effect in 1944,2 which cover almost 60 percent of the employees in
the petroleum-refining industry who are working under agreements.
A few of the agreements used in this study cover the operations of
a company in one or more States but the agreement of the Sinclair
companies (Sinclair Refining Co., Sinclair Prairie Oil Co., Sinclair
Wyoming Oil Co., Repollo Oil Co., and Sinclair Prairie Oil Marketing
Co.) is the only agreement in the industry which has been negotiated
on a nation-wide basis. It covers about 8,000 workers employed in
10 refineries (in 7 States), on the pipelines, and in the drilling and
prodiicing activities of the Sinclair companies. An analysis of the
national agreement alone is included in the study; no attempt has been
made to include the many supplementary agreements (primarily
dealing with seniority arrangements) negotiated with the various
local committees of the union.
Five of the agreements, covering about 40 percent of all those
working under the agreements analyzed, include workers engaged in
the drilling and producing of crude petroleum as well as its transpor­
tation in pipelines or by other methods, in addition to workers engaged
in refinery operations. This study excludes those portions of the
agreements which make specific provisions for other than refinery
1 For example, the Shell Oil Co. (W ood River, HI.) has agreements with the metal-trades unions covering
operating and maintenance employees, as well as with the International Union of Operating Engineers for
operating employees and with an A . F. of L . federal labor union covering guards ana watchmen.
* T h e plants covered in this report are listed below. A ll agreements were made with the Oil Workers
International Union (C . I. O.).
Ashland Oil & Refining Co.—Ashland, K y ., Leach, K y ., and Kenova, W . V a.
Champlin Refining Co.—Oklahoma C ity, Okla.
Cities Service Oil Co.—East Chicago, Ind., Linden, N . J.
Deep R ock Oil Corp.—Cushing, Okla.
Gulf Oil Corp.—Port Arthur, Tex.
H um ble Oil
Refining Co—Ingleside, Tex.
Pan American Refinery—Texas C ity, Tex.
Pennzoil Co.— (Rouseville) Oil C ity, Pa.
Pure Oil Co.—Cabin Creek, W . Va.
Richfield Oil Corp.—Los Angeles, Calif.
Shell Oil C o.—State of California (Martinez; W ilmington-Domingues, Coalinga Coastal Division, San
Joaquin Division, Los Angeles Basin Division), Houston, Tex.
Sinclair Oil C o r p —Covering plants in Marcus H ook, Pa., Kansas C ity and Coffeyville, Kans., East
Chicago, Ind., Houston, Corpus Christi, and Fort W orth, Tex., Sand Springs, Okla., Sinclair, W y o .,
Wellesville, N . Y .
Standard Oil Co., #2 Refinery—Cleveland, Ohio.
Texas Company—Lawrenceville, 111., Lockport, 111., Port Arthur, Tex.
Tidewater Associated Oil Co.—Oklahoma and Kansas.
U nion Oil Co.—State o f ‘California (W ilmington, Los Angeles & Oleum Refineries).
Wilshire Oil C o —State of California.

&




3
employees. It is not possible, however, to estimate the number of
nonrefinery employees covered by these 5 agreements.
All but one of the agreements were originally negotiated for a
1-year period to continue until terminated by written notice of 30
days. Renewal negotiations must be carried on during these 30 days
under the terms of 7 agreements. The agreement which was nego­
tiated for 2 years, provides a 45-day period for negotiations.
Maintenance workers as well as operating employees are covered
under the terms of most of the agreements. Supervisory employees
are not covered by any of the agreements and clerical employees by
only one (Union Oil). Technically trained employees, such as
chemists and engineers, are excluded from the provisions of all but
one agreement (Cities Service, East Chicago). A few .exclude certain
types of skilled craftsmen, such as electricians, brickmasons, boiler­
makers, etc., because separate agreements have been made with other
unions to cover those employees. Six agreements specifically exclude
watchmen, guards, or other plant-protection employees from the terms
of the agreements. Shell Oil (Houston), has a supplement covering
plant-protection men; Sinclair permits such supplements to be signed
locally.
Union Status

Union-shop conditions, under which employees must become union
members within a stated period after hiring, are specified in 3 agree­
ments covering about a tenth of the workers.
Nine agreements, covering over two-thirds of the workers and in­
cluding the Sinclair agreement, require “ maintenance of membership”
for employees who were members when the agreement was signed or
who become members during the life of the agreement. Two of these
agreements require the company to give preference to union members
when hiring new employees.
Sole bargaining rights are granted to the workers under the 9
remaining agreements and 2 of these also provide that union members
are to be given preference in hiring.
COLLECTION OF UNION DUES

Check-off by individual authorization, with the privilege of can­
cellation, is provided under 16 of the agreements, while automatic
check-off is specified in 1 (Ashland). No provision for deduction of
dues is made under 4 agreements, and 3 of these specifically forbid
the collection of dues during working hours while the fourth makes
no mention of union dues. An agreement with one of the smaller
companies limits the voluntary deductions to $2 per month while
5 agreements provide for the check-off of initiation fees as well as
monthly union dues.
One agreement stipulates that the employee’s wife must also sign
the request for check-off of union dues. Two others (Pennzoil and
Humble) specify that all money due the company and all benefit-plan
deductions must be made before any union dues may be checked off.
ACTIVITIES AFFECTING UNION STATUS

Discrimination by the company against any union member or any
other employee is ‘specifically forbidden by 12 agreements, and 5 in-




4
elude statements forbidding union intimidation or discrimination
against any employee.
The right to hire, suspend, or discharge for just cause; the right to
make and place in effect its decisions; and the right to continue benefit
plans already in operation are among management prerogatives spe­
cifically retained under 5 agreements. Several specify that manage­
ment has the right to fill, without regard to seniority, temporary
vacancies caused by vacations, sickness, or emergencies.
Permission for union officials to enter the plant during working
hours in order to settle grievances or to consult with employees on
other matters is specified in 6 agreements; 3 of these restrict the time
of such visits to daylight hours.
The agreement of Standard Oil of Ohio (Cleveland) specifies that
before “ questionnaires or new forms of any description” are given to
employees to fill out, the union committee shall be informed of their
nature.
Bulletin boards for the use of the union must be provided by the
company under all but 1 agreement which permits the union to erect
its own on company property. Nine agreements restrict the material
which may be posted, either by specifying the types of notices or by
requiring management approval of posted material.
W age P rovision s3

None of the 21 agreements provide for incentive systems of wage
payments. Plant-wide minimum wage rates for the different job
classifications covered are listed in only 7 agreements which also
specify beginners' rates below the minima for a stipulated period,
ranging from 60 days to 6 months. Two others merely state that
the rates shown on the records of the company shall be continued,
and 7 more provide that the employee shall be paid the wage rate for
the job classification on which he is working. The lowest minimumwage rate specified for laborers is 74 cents per hour; most of the mini­
mum rates are 86 cents or more: the highest is 95% cents. Only 2 of
the 21 agreements specify wage rates for women, and since neither of
these mention rates for men it cannot be determined whether or not
there is a sex differential.
IN T E R IM

W AGE

A D JU STM E N TS

According to 18 agreements the general wage scales may be brought
up for reconsideration during the life of the agreements; usually 30
days' written notice is required. Three agreements call for changes
in wage rates whenever they fall below the rates for comparable work
in other refineries in the area. One agreement requires an annual
review of the rates. Most of the agreements permitting interim wage
adjustments say that changes will be considered at any time, but two
specify that changes in wage rates will be considered if there arc
“ substantial economic changes.”
Present classifications may not be eliminated or new ones created
without conferring with the union committee under the terms of 9
agreements. Five of these provide that if there is any disagreement
3 For a more detailed discussion of wages in petroleum refineries, including nonunion plants, see Earnings
in Southwestern Petroleum Refineries, April 1943, M on th ly Labor R eview , January 1944 (reprinted in
Bulletin N o. 762).




it shall be referred to the grievance machinery or directly to arbitra­
tion. However, 2 o f the 5 stipulate that if no agreement is reached
within. 60 days the entire agreement “ shall be of no further force or
effect whatsoever.”
SEVERAN CE PA Y

Only 3 agreements make provision for severance pay when an
employee’s services are terminated through no fault of his own.
The Sinclair agreement provides for 1 week’s pay after 1 year’s service,
2 weeks’ after 2 years, 3 weeks’ after 5 years, and 4 weeks’ after 10
years. An Ashland company employee receives $10 for each year of
service after January 1, 1942, when he is laid off for 30 days or more.
The Union Oil agreement gives no details of its plan which is subject
to modification at any time by the company.
M IN IM U M

CALL AND

C A L L -R A C K

PAY

Over three-fourths of the agreements require payment for a mini­
mum number of hours to employees who report at their usual hour
without having been notified that no work will be provided. The
reporting pay most frequently specified is 4 hours’ pay, although a
fourth of the agreements having such clauses provide for 2 hours’
pay and a few for 3 hours’ pay.
The minimum pay guaranteed to an employee who is called back
to work outside of regular hours, but who finds no work available,
varies from 2 hours’ pay at regular rates to 1 full day’s pay, with
about two-thirds providing a’guaranty of 4 hours’ straight-time pay.
If any work is performed, about 50 percent of the agreements require
the payment of time and a half, while about a third of them require
the payment of the penalty rate only after a specified number of hours.
One agreement requires payment at the regular rate for 1 hour more
than the employee works, and another calls for a minimum of 4 hours
at time and a half.
S H IF T A R R A N G E M E N T S

AND

S H IF T D I F F E R E N T I A L S

Because it is necessary to keep refinery equipment in continuous
operation, arrangements are made in all the agreements for shift work.
However, provisions for premium pay for night work and for rotation
of shifts are not common. Employees who work on the night shift
at Union Oil receive premium pay of 10 cents per hour except where
shifts are rotated, while Humble Oil provides 3 cents per hour for
repair and maintenance men on the night shift.
Only 4 agreements make specific provision for the rotation of shifts,
and 2 of these and 8 others allow employees to exchange shifts upon
approval of the foreman. Four specify that management is to give
the employee advance notice of shift changes, and one of these (Union
Oil) requires the payment of time and a half for the first day on a new
shift if the employee did not receive at least 40 hours’ notice of the
shift change. The Sinclair agreement provides that if an employee is
temporarily shifted from one hourly schedule to another he receives
time and a half for the first day. The Texas (Port Arthur) agreement
makes the same premium payment to hourly day employees when
642285—45------2




6
16 hours' notice of the change was not given. In addition, the Sinclair
agreement provides for the payment of time and a half for the first day
back on his regular schedule if he has been kept off it for 7 days or.more.
TRANSFER RATES

Clauses specifying rates for employees temporarily transferred to
jobs paying higher or lower rates are included in all but 1 agreement.
Employees temporarily shifted to higher-classified jobs immediately
receive the higher scale under 19 agreements. One of these gives a
minimum of 4 hours' pay at the higher rate and another provides the
higher rate for the rest of the day. One specifies that he shall receive
4 hours' pay at the higher rate if he works up to 4 hours; if he works
4 hours or more he receives 8 hours' pay. The remaining 16 agree­
ments require the payment of the higher rate as long as the employee
remains on the higher-rated job. Under the Texas (Lawrenceville)
agreement, if the company requires an employee to transfer from one
plant to another, he continues to receive his regular rate, unless a
higher rate is paid in the new plant.
When an employee is temporarily transferred to a lower classified
job, 13 agreements provide that he shall be paid the rate of his former
classification. Four permit the immediate payment of the lower rate
if the employee has received sufficient notice. Six of the 13 specify
the length of time that the old rate shall be paid, ranging from “ the
balance of the day" to 2 weeks.
When an operating unit is closed down for normal clean-out and
inspection, 8 agreements provide that the regular employees on that
unit continue to receive regular pay and may be assigned to other work.
MISCELLANEOUS PAY PROVISIONS

Protective equipment or clothing for employees working with acids
and caustics is provided by the company under 9 agreements, and a
5-cent differential to pay for such clothing is stipulated under another.
Six agreements provide payment of regular wages to employees
while serving on jury duty and 5 state that the company shall pay the
difference between regular wages and jury pay.
Transportation furnished by company.— When an employee reports
to his regular place of employment and is then ordered to report to
another place, 11 agieements require the company to supply transpor­
tation. Seven of these and 2 others, require the company to furnish
transportation for workers who have to work overtime after regular
means of transportation have stopped. One of the latter, Shell
(Houston), provides that if company transportation is not available
within 30 minutes, the employee will be paid time and a half for the
waiting time.
When an employee is temporarily or permanently transferred to
another district, 4 agreements provide that the employer shall pay his
transportation and in the case of permanent transfer, for the trans­
portation of his family and his household goods.
H ours and Overtime

Several of the 21 agreements provide different work schedules for
shift men (those employed for specified periods during continuous
operations) and for day men (all employees other than shift men).



7
All except 3 of the 21 agreements require the payment of time and a
half after 8 hours per day or 40 hours per week. Of the 2 agreements
which were negotiated before the war, 1 stipulates that overtime shall
be paid after 6 hours per day for all employees and the other that daily
overtime shall be paid after 8 hours for all employees but weekly
overtime after 36 hours for day men and after 72 hours 4 in 2 weeks
for shift men. The third agreement provides overtime after 8 hours
for day men only and after 40 hours for all employees. Double time
is paid to shift men after 12 hours of continuous work by Cities Service
Co. in East Chicago.
The customary 36-hour week in petroleum refining has been ex­
tended for the duration to 40 hours under 11 agreements, to 44 hours
under 1, and to 48 hours under 9.
Participation by the union in any changes in hours is required under
the terms of 11 agreements, while 10 specify that the company and the
union shall negotiate shorter hours when the critical labor shortage
ends.
Meals.—After the employee has worked a specified amount of over­
time, 16 agreements require the company to furnish a meal and allow
time to eat it. Thirteen of these specify that the meal must be sup­
plied a certain number of hours after regular quitting time, from 1 to
2% hours, with 60 percent requiring 2 hours. Two of them specify that
he must work 6 hours after his last lunch period, and the remaining
agreement (Sinclair) simply says that he must work past his regular
meal time before the company is required to furnish a meal. Five of
these 16 agreements specify that the company shall supply an addi­
tional meal at regular intervals, most of them allowing for 4-hour
intervals; and 3 state the minimum amount that must be paid by the
company for the meal.
Timejor cleaning up.— Time to clean and return tools or equipment
is paid for under 11 agreements and account is taken of the distance
from the work as well as the nature of the tools. In addition, Humble
Oil pays workers engaged in unusually dirty work for “ reasonable
time” to bathe and clean themselves.
Lunch and rest periods.— Time and a half for work during the regular
lunch period is paid under 4 agreements. Five of the 21 agreements
refer to relief periods; 4 forbid operating employees to leave their work
until relieved or to leave without notifying their supervisors, while the
fifth (Pure Oil) specifies that “ reasonable periods” shall be allowed all
employees working in occupations where they cannot leave their
stations unless relieved by someone.
SATURDAY, SUNDAY, AND HOLIDAYS

Prior to Executive Order 9240 5 it was not customary in this in­
dustry to pay penalty rates for work done on Saturday or the sixth
4 Under Fair Labor Standards A ct all workers must be paid at one and a half times their regular rate, after
40 hours per week but not after 8 hours per day. Under the Walsh-Healy Public Contracts A ct all em ­
ployees are paid time and a half after 8 hours per day or 40 hours per week.
* “ On all work relating to the prosecution of the w a r," Executive Order 9240 prohibits premium pay for
Saturday and Sunday work as such, and makes the paym ent of double time for the seventh consecutive day
of a regularly scheduled workweek m andatory and permits the payment of time and a half for the sixth
consecutive w orkday when such paym ent is specified in collective agreements.




8
day. Although 11 of the agreements require time and a half rates to
day men for Sunday work, these agreements have been superseded
by Executive Order 9240.
Pay for holidays on which no work is done, although they are part
of the regular work schedule, is not general in the petroleum-refining
industry. Five agreements, covering about two-fifths of the workers,
provide pay for Christmas Day. Four of them provide for additional
paid holidays— 2 for 2 holidays, 1 for 4, and 1 for 5 holidays for day
men only.
Although some of the 21 agreements provide premium rates of double
time for holidays worked and some specify time and a half for more
or less than 6 holidays, these provisions are all superseded by Execu­
tive Order 9240 which requires the payment of time and a half for
work done on New Year’s Day, Fourth of July, Labor Day, Thanks­
giving Day, Christmas, and either Memorial Day or one other holiday
of greater local importance, and prohibits premium pay for any
other holiday.
If the holiday falls on Sunday, 9 agreements provide the holiday
rate for work on the Monday following.
P aid Vacations and Sick Leave
ANNUAL PAID VACATIONS

Annual paid vacations are provided under all the agreements. A
single vacation period, after a qualifying period of service, is specified
by two agreements; graduated plans, under which more extended
vacations are allowed to employees with additional service, are pro­
vided in the remaining 19 agreements. Both the single-period vaca­
tion clauses and all of the graduated plans allow 1 week’s vacation
after 1 year’s service.
Of the graduated plans, 6 provide a maximum of 2 weeks’ vacation
after 2 years’ service, while 4 require more service for 2 weeks’ vaca­
tion— two specifying 3 years, one 4 years, and one 5 years. The
remaining 9 graduated plans provide 2 weeks after 2 years’ service,
but have longer vacations for those with greater service: 2 provide
a maximum of 3 w^eeks after 15 years’ service; 1 provides 3 weeks
after 25 years’ service; and 6 have an unusual arrangement which
adds to the 2 weeks after 2 years’ service, 1 or more weeks of vaca­
tion every fifth year (during the anniversaiy year only), beginning
in 1 plan after the 10th, in 4 after the 20th, and in 1 after the 25th
year of employment. For example, a Texas (Lawrenceville, Lockport, Port Arthur) employee would receive 3 weeks’ vacation during
his 20th year, 4 weeks during the 25th year, and 5 weeks during his
30th year, and every 5th anniversary year thereafter. Union Oil
employees receive the maximum vacation— 6 weeks in the 35th year
and each 5 years thereafter.
In addition to a service requirement for vacation eligibility, only
one of the agreements provides that an employee must have actually
worked a specified minimum time during the preceding year to be
eligible for a week’s paid vacation. This agreement specifies that if
less than 1,404 hours is worked, vacation pay is based on the propor­
tion of time worked out of 1,872 hours, using a 44-hour week without




9
overtime, as the basis for calculating the rate of vacation pay. Seven
other agreements automatically reflect absences from work in that
they base vacation pay on the amount of time worked during the
year— 1 on the number of days worked out of 365 and the other 6
on the number of months worked out of 12, disregarding absences of
less than 1 month. One of the 7 agreements bases vacation pay on
the average earnings for each 40-hour week for the 3 months immedi­
ately preceding the vacation; another uses 48 hours straight time as
the basis for calculation; 3 specify that no overtime shall be included
in calculating vacation pay; while the 2 remaining agreements and
3 others base vacation pay on the average earnings over a specified
period of time.
Vacation pay in lieu of a#vacation is permitted by 2 agreements
and forbidden by 1. If an ’employee leaves for military service, is
laid off, or leaves for any other reason beyond his control, before tak­
ing his vacation, all agreements provide that he shall receive the
vacation pay he has earned.
If a Pennzoil employee leaves the company within a month after
returning from his vacation, he forfeits the wages paid him during the
vacation period.
Vacations are not cumulative under 6 agreements. Seniority de­
termines the assignment of vacation periods under 10 agreements, the
employer has the option to determine the time in 6 cases, and 5 pro­
vide the employee with an opportunity to request the time he prefers.
However, in all these agreements it is specified that vacations are to
be scheduled so that they will not interfere with the operation of the
business.
SICK LEAVE

Specific provisions for paid sick leave are included in 12 agreements,
covering about a third of the workers under the 21 agreements, al­
though no details of the eligibility requirements or length of leave are
stated in 2 agreements. One of the latter merely states that the em­
ployee shall receive regular pay minus workmen’s compensation; the
other that sick leave pay shall be based on total earnings for the 48hour week.
Three agreements allow for a single period of sick leave. Ashland
provides for 1 week at regular pay after 1 year’s service, with accumu­
lation to a maximum of 8 weeks, while Cities Service (East Chicago)
permits 3 weeks at two-thirds of full-time pay after a 3-day waiting
period, and accumulation up to. 12 weeks. Pan-American provides
12 days’ straight-time pay after 1 year, with no accumulation, and
requires a 3-day waiting period. For occupational sickness or injury,
workmen’s compensation is deducted from sick-leave pay.
The following table gives a detailed outline of the 7 graduated sickleave plans. All stipulate that medical evidence of illness must be
presented before payments will be made and the Wilshire agreement
does not allow for paid sick leave before or after a holiday. Six of the
graduated and 1 of the single-period plans specify that employees
are not entitled to sick-leave payments under certain circumstances,
e. g., when illness results from intoxication, drugs, venereal disease, etc.




10
P rovision s fo r Graduated S ick -L ea ve P la n s in

C om pany, and service re­
quirement

Cities Service (Linden):
60 days................................
6 m onths..............................
Deep R ock Interstate:
1 year................ _.................
2-5 years____________ ____
Over 5 years_____________
Pennzoil:
13 weeks immediately be­
fore illness: Total serv­
ice of—
1-5 years.......................
5-10 years.....................
Over 10 years...... ........
Richfield:
1 year....................... ............
Thereafter, for each year
up to the 12th.
12 years and over........ ......

Sick-leave period, and rate of pay

3 weeks,
hourly
3 weeks,
hourly

with pay at 35 percent of
rate.1
with pay at 70 percent of
rate.1

7 A greem ents

W aiting period

,3 days; pay re­
troactive.

Maximum
accumulation
permitted

9 weeks.

72 hours, with half pay......... .............
144 hours, with half pay____________ 4 day..
288 hours, with half pay.....................

N ot mentioned.

40 hours, with half straight-time
pay.2
3
80 hours, with half straight-time
pay.2
120 hours, with half straight-time
pay.2

N ot mentioned.

None permitted.

1 week, with full pay, and 2 weeks,
with half pay.1
1 week additional, with half pay 1__- N ot mentioned..

None permitted.

1 week, with full pay, and 13 weeks
with half pay.1

Shell (California):
1 year____ __________ ____ 4 weeks, with half p a y 1____________
Thereafter for each year 1 week additional, with half pay L ..
►days..
3
up to the 10th.
10 years_________________
13 weeks, with half pay 1......... .........
Standard (Cleveland):
6 m on th s._______________ 1 week, with full p a y 13......................
1 year.____ _________ ____ 2 weeks, with full p a y 13___________
2-4 years________________
1 month, with full p a y 1 * „ ................
4-6 years______ ____ _____ 2 months, with full p a y 13--------------N o t mentioned.
6-8 years________________
3 months, with full pay 13__________
8- 9 years_________ i ______ 4 months, with full pay 1 3--------------910 years............................ ..................... p a y 13__________
5 months, with full
10 years and over............... 6 months, with full pay 13__________
Wilshire (California):
1 year------------------------------ >days, with pay at regular rate........
2 years__________________
.0 days, with pay at regular rate___ N ot mentioned..
3 y e a rs .................. .............
5 days, with pay at regular rate-----

None permitted.

N ot mentioned.

5 days in 1 year.

1 In cases of occupational injury or sickness, deductions are made for workmen’s compensation pay­
ments.
2 Absences due to occupational injury or sickness covered b y workmen’s compensation laws are not paid
for under this plan.
3 In cases of nonoccupational injury or sickness, deductions are made for benefits provided b y the Em ­
ployees M utual Benefit Association, or which would be provided if the employee were a member.

Leave o f Absence

All but two of the agreements expressly grant leave for union busi­
ness and those two grant leaves for any “ reasonable purpose” ; it
may, therefore, be assumed that such leaves might be used for union
business. Time limits, ranging from 14 days to 1 year, which may
be extended by the company, are specified in those agreements pro­
viding leave for union activities. Eight limit the number of employees
who may be absent at one time, the number varying from 1 for a
long leave to 10 for short leaves. One agreement permits 5 employees
to be absent for 2 weeks, 2 for 180 days, but only 1 for a year. Suffi­
cient notice, so that the absence of the employee will not disrupt oper­
ations in the department, is required under 3 agreements, while 2
specify that employees who have been deferred by Selective Service
as essential war workers may not have leave for union business. Em­
ployees returning after leave are restored to their jobs “ without loss
of seniority” or “ without affecting seniority,” the Sinclair and Stand-




11
ard (Cleveland) agreements specifically stating that seniority shall
accumulate during the employee's absence.
Leave for other than union business is specifically provided in 12
agreements. Most of the agreements say that leave shall be given
for a “ reasonable time" or “ subject to company regulations," although
5 specify the time, which ranges from 2 weeks to 6 months. A few
specifically forbid the employee to accept any outside employment
during leave unless he has received company permission ahead of
time. Most of the agreements say that personal business leave “ does
not affect" seniority.

,

Seniority L a y-O ff, and Prom otions
SENIORITY

Seniority provisions granting preferential treatment in promotion,
lay-off, and rehiring, based on length of service, are found in all of
the 21 agreements, and in all but 1 the unit to which seniority ap­
plies is defined. Sixteen agreements have both plant and depart­
ment seniority; the other 5 use various combinations of classifica­
tions— plant, division, and company-wide seniority.
Before an employee can accumulate any seniority a probationary
period ranging from 60 days to 6 months is required by most agree­
ments, with about half of them specifying 6 months. One (Deep
Rock) requires 432 hours in 180 consecutive days. All agreements
provide that after serving the probationary period, seniority dates
from the hiring date.
In petroleum refining there is a natural progression from the lower
level jobs requiring considerable physical effort to the higher level jobs
requiring ability and skill. It is customary for new men to start in
the labor pool or yard gang. As the employee acquires seniority, he is
upgraded into the lowest classified job in a department and upgraded
thereafter to the more skilled jobs. While progressing from one classi­
fied job to another, and from one department to another, an employee
acquires seniority in the different classifications or departments and
also retains his seniority in the labor pool. His department seniority
dates from his transfer to the department, while his company or plant
seniority dates from his employment by the company. If he is laid off
from his classified job in one of the departments, he can displace any
junior employee in any department in which he has previously acquired
seniority or in the labor pool.
The usual way in which an employee acquires training and experi­
ence and demonstrates his ability to handle the next highest job in his
department is through acting as a relief worker during vacations, leave
of absence, days off, or illness of the man regularly assigned to the job.
During such temporary transfers to higher jobs, the employee accumu­
lates seniority in his own job. In a few agreements, provision is made
for the worker to bid for relief jobs. Whether or not this is done, the
senior man in line for the next promotion to the temporary vacancy
is given the first preference. The Standard Oil (Cleveland) agreement
provides for a bidding pool of 10 men to fill temporary or permanent
vacancies in the higher level jobs. This pool is composed of “ extra
board" men selected from the lower level jobs on the basis of plant
seniority. During vacations, process employees on each shift move




12
up along the line of promotion and an extra man is brought in, on the
basis of seniority, at the bottom of the line.
The Ashland agreement provides that one or more men shall be
carried on the extra board for each seniority group and shall be trained
for the lowest classified job in that group by working part time with an
experienced man for a period to be determined by the company. Most
of the time they continue to work at their regular classification and are
paid their regular rate or a training rate of 90 cents an hour, whichever
is greater. When men from the extra board fill in for vacation, illness,
or other relief, they get the regular rate for that temporary job.
This system of upgrading and retracking follows a definite jobprogression scheme, with detailed charts 4
showing these arrangements
as part of the agreement; usually the men have the right to choose the
department in which they wish their seniority to accumulate, and they
then progress through the various classified jobs in that department.
Seniority for women employees is mentioned in only 2 agreements.
One of these (Pennzoil) provides that they shall have seniority only
among themselves in the lowest job classification in one department,
and that men can displace them. The other also permits men to dis­
place women in the one department where they have seniority, but it
provides that if they are transferred to other departments, they carry
their plant seniority with them. A few agreements mention other
employees who do not come under seniority provisions, for example,
trainees, gatemen and guards, and, in the Gulf agreement, employees
under 21 years of age. These workers, however, are not excluded
from the bargaining unit.
Loss of seniority.— Seniority rights are commonly lost by employees
who quit, who are discharged, who fail to return within a specified
time— from 24 hours to 15 days—when recalled to work after a lay-off,
or who work elsewhere during a leave without company permission.
Seniority is retained during periods of enforced lay-off, ranging from
90 days to 1 year. A few agreements relate the length of lay-off
period during which seniority is retained to the employee’s previous
length of service. One agreement (Union Oil) has a graduated plan:
90 days’ lay-off, without loss of seniority, after 1 year of service; 180
days, after 1 to 5 years of service; and 1 year’s lay-off after more than
5 years of service.
Almost half the agreements limit the period of absence because of
nonoccupational illness to 1 year, and specify that seniority shall
accumulate during that time. Several agreements provide no time
limits but merely state that there shall be no loss of seniority during
periods of illness or during absence because of occupational injury.
Seniority lists are to be compiled and available at all times to the
employee or his representative under the terms of all but 1 agreement.
Six agreements require that the lists must be revised at specified
intervals, ranging from 90 days to 6 months.
LAY-OFF AND REHIRING

When activities are curtailed, a man transferred from his classified
job in one department may displace any junior employee in that
department or in any department in which he has seniority, or in the
labor pool. Lay-offs are thus normally made from the labor pool,
with the employee being laid off from the higher classifications, only




13
if there are no junior men in the labor pool, or if an employee refuses
to transfer to the labor pool, or, in a few cases, if he refuses a transfer
to another division of the company. Consideration of ability is men­
tioned in only 3 agreements in connection with transfers to avoid lay­
off but is not mentioned in connection with rehiring, probably because
employees are returning to jobs on which they have already had
experience.
Advance notice of lay-offs is required under 2 agreements: The
Cities Service (Linden, N. J.) agreement provides that employees who
have 4 months’ seniority shall have approximately 2 weeks’ advance
notice of lay-off, while the Tidewater agreement requires 15 days’
notice or 15 days’ pay. One agreement (Deep Rock) requires a
notice, with reason, if the company does not intend to rehire the em­
ployee and stipulates that the employee has 7 days in which to appeal
to the grievance committee.
Only 3 agreements mention transfers to other jobs as a result of war
conditions. One of these (Humble) provides that if wartime operating
units are shut down when the emergency ends, the workers shall
return to the jobs from which they came, but they cannot displace em­
ployees with more seniority than themselves. Humble employees
have divisional seniority in the higher-level jobs and company-wide
seniority in that or any “ associated company” in the lower-level jobs.
The status of workers who are required to transfer to other jobs
because of a labor draft is mentioned in 2 agreements (Deep Rock and
Wilshire). One merely says that their seniority shall be governed by
the provisions of the law, while the other provides for the accumula­
tion of seniority and the return of the transferred employee to the
job he had before leaving the company.
PROMOTIONS

The method of promotion to fill vacancies is outlined in all of the
agreements. When a vacancy occurs it is generally posted for a
specified period of time, and all men who wish to be promoted to that
job must bid for the vacancy. First preference is given to the man
in the next lowest job classification in the department in which the
vacancy occurs. If he bids for the job and if he has “ relatively the
fitness and ability for the job” he is promoted to fill the vacancy. If
he does not bid for the job or if the senior man is not qualified, the
one with the next highest seniority who has applied for the promotion,
and who has the necessary ability, will be promoted. Ability is
determined by the company and the union committee under 3 agree­
ments. In 1 agreement the establishment of a special examining
board, consisting of 2 union and 2 company representatives, is pro­
vided for when the company decides an employee is not qualified for
a higher job. Presumably the company is the judge of ability in the
other plants, although 9 agreements specifically provide that any
disagreement regarding ability shall be submitted to the grievance
machinery.
Specific provision is made in 7 agreements for the promotion,
regardless of seniority, of those with “ unusual ability” or those who
have “ rendered meritorious service.” Under several agreements,
employees who refuse a promotion to which they are entitled by




14
seniority do not lose seniority, but the person who accepts the
promotion acquires greater seniority.
As the basis for promotions within the lower-level group of jobs
and from the lower-level to the higher-level jobs, 20 agreements
use total accumulated time in the company's service at the refinery
(sometimes called company seniority, but more often called plant
seniority) ; the remaining agreement (Humble) uses company-wide
service with “ this or associated * * * companies.” For transfers
from one higher-level job to another within the department, depart­
mental seniority is the basis in 18 agreements, and classified seniority
in 2. One agreement apparently uses company seniority for transfers
to both higher- and lower-level jobs.
The “ staffing” of a new plant, a new imit, or a new process, is
taken care of u n d er 6 agreements by conferences between the company
and the union committee; if no agreement is reached the matter is
handled as a grievance. Five agreements provide that new unit
jobs are bid for and filled like any other vacancy. The Wilshire
agreement provides for the transfer of department seniority when
employees are transferred from two specified departments to two
newly organized departments. When any of the four departments
are curtailed, employees may transfer to the other departments on
the basis of their department seniority and they may “ bump” any
junior employees.
A trial period on the new job after a promotion is provided in 12
agreements, 3 of which permit the employee a “ reasonable time
under actual and competent supervision to establish fitness and
ability to penorm new duties.” The fourth allows a “ reasonable
opportunity” to meet the requirements of the new job, and the fifth
gives him “ a fair trial.” A definite trial period is stipulated in 7
agreements— 30 days on the new job in 6 and 2 weeks in 1. All
of the agreements make provision for a disqualified worker to return
to his former job without loss of seniority and some provide aid in
fitting himself for the next highest job, and others for transfer when
there is a vacancy to a type of job for which he can qualify.
The requirement that the employee must remain on a new job
for a certain length of time—ranging from 90 days to 6 months—
tends to restrict the frequency of promotions under 8 agreements,
most of which specify the latter period.
M ilita ry Service

Clauses referring to the reemployment and seniority status of
employees after their discharge from military service are found in all
but 2 of the 21 agreements. Generally, the agreements follow the
wording of the Selective Service Act, requiring that veterans apply
for reemployment within a specified time, usually 40 days 6 after
honorable discharge, although a few allow a longer time, the maximum
being Sinclair's 180 days. The accumulation of seniority during
military service is specifically provided in 10 agreements, 2 of these
also including men who have served in the Merchant Marine. Most
of the other 9 agreements say that the employee's seniority “ shall not
• The act has been amended to permit application up to 90 days after honorable discharge. This extended
period, of course, supersedes lesser periods provided in agreements negotiated before the act was amended.




15
be impaired” ; however, a few say that the employee shall be restored
to his former job.
The Sinclair agreement, which stipulates that seniority shall
accumulate during military leave, provides that if the veteran's
former job does not exist “ he shall be placed in any position to which
he is entitled in accordance with the seniority rules existing at his
place of employment.”
The 3 Texas agreements provide that
employees shall accumulate seniority while on, military leave but
shall “ not be permitted to obtain any seniority advantage over any
of the employees who, at the time he left the service of the company,
had greater seniority in such department or classification.” The
Gulf agreement, on the other hand, specifies that the returning veteran
“ will be entitled to the same regular job he had immediately preceding
the date his leave of absence began, displacing the employee in such
classification who has the least plant seniority, regardless of the fact
that his seniority may be less than that of the employee so displaced.”
Under the Gulf agreement a special bonus is paid to employees
entering military service after at least 1 year's service with the
company. One month's pay is given after military service of 1 month
and an additional month's pay when the employee returns to the
company's employ within 60 days after discharge and with not less
than 2 months' military service. The Humble agreement provides a
lump-sum payment by the company of 2 months' “ normal full pay”
after 2 months' service in the armed forces. In addition, monthly
payments are made to dependents (wife, minor children, and parents),
in an amount which, when added to the State or Federal allowances,
will equal 50 percent of the employee's regular pay. No payment is
made to any dependents resulting from marriages after induction.
W orking Rules

The maintenance of a “ normal" or a “ full crew,” insofar as possible,
is required under 9 agreements. Four of these and 6 others specify
that’ the work shall be done by the craft or classification which covers
that type of work, except in an emergency.
Contract work.— If there are employees available, 4 of the agree­
ments prohibit the contracting out of work. When it is necessary to
have the work done outside, 3 of these and another agreement require
that the employer shall recommend to the contractor qualified employ­
ees who have been laid off. Two of the 3 agreements and 4 others
require that all contracts with outside firms must contain a provision
that wages shall be the same as in the union agreement and that time
and a half shall be paid after 40 hours. One agreement merely specifies
that the company shall give preference to contractors having the
same wage rates and hours as the union agreement.
Working foremen,—The assignment of supervisors to classified jobs,
except in an emergency, is specifically forbidden by 6 agreements.
Two of these include only assignments which would result in pay
reductions or lay-offs of classified men.
Learners and apprentices.— Apprenticeship or training programs are
rarely mentioned in the agreements. The Pan-American agreement
establishes a committee of 3 union and 3 company representatives to
“ study and consider adopting a program for training in the refinery.”
The Gulf agreement provides that there shall be no restriction on the




16
company’s employment of technicians, students, and apprentices
except that they shall not be allowed to replace regular employees on
regular jobs. Under the Union Oil agreement the number of tech­
nical trainees is limited to the number of regular employees gaining
experience on other jobs, while clerical trainees are limited to 2 at
each refinery, only 1 of which may be from the “ head office.” The
latter agreement also provides for a company-union committee for
each job classification to develop a training program for operating
employees.
Health and Safety

Clauses relating to health, safety, and sanitation are contained in
all of the 21 agreements. Ten require the management to furnish
protective clothing or equipment; 3 of these and 8 others provide for
regular inspection of the refinery equipment, either by the union rep­
resentative, company and union representatives, or by someone
designated by the employer. Of the 8 agreements, 4 permit the
employee to request a special inspection of equipment on which he is
working when he thinks it necessary. About two-thirds of the agree­
ments provide for cooperation between union and management to
provide safe, sanitary, and healthful working conditions.
Three of the agreements, covering almost 40 percent of the workers,
specify that no employee shall be required to perform any act which
may result in injury or death. The Humble agreement provides that
the company shall “ continue to offer as heretofore adequate hos­
pitalization at the company’s expense for the care of employees
injured in the line of duty and * * * to continue to offer as
heretofore health supervision by a competent medical and surgical
staff.”
PHYSICAL EXAMINATIONS

Physical examinations or presentation of physical-fitness reports are
mentioned in 20 agreements. Ten of them specify that the employee,
as a condition of initial employment, shall be examined by a physician
selected by the company, although 1 permits an employee who is
dissatisfied with the results of the examination to present a statement
of physical fitness from “ any reputable physician satisfactory to the
employer.” Three other agreements require employees, as a condition
of employment, to present reports from their own physicians. Four
of the 7 agreements which do not require entrance examinations,
require regular examinations by the company doctor as a condition
of continued employment and a fifth encourages such physical check­
ups. One provides that the company shall pay for a medical examina­
tion, at intervals agreed upon by the company and the union, of
“ those employees regularly engaged in sandblasting and any other
work where there is danger to their health.” Physical examinations
are required in another plant, although the agreement merely says
that disagreement over the results of a physical examination shall be
subject to the grievance machinery.
Eight agreements, all of which require a physical examination before
employment, require an examination after injury, illness, or frequent
absences. One specifies that in “ exceptional cases” or after frequent
absences the company doctor is to conduct the examination.




17
Specific provisions for the arbitration of disputes over physical
examinations given by the company doctor are contained in 9 of the
21 agreements analyzed. The board of arbitration is in each case
composed of 3 physicians; 1 representing the employer, 1 the em­
ployee, and the third selected by the first 2.
Benefit Plans

Rights under existing benefit plans are incorporated in 13 agree­
ments while 1 stipulates that the existing benefit plan shall not be
part of the agreement. Ten mention specific types of benefit plans
which are in effect. Among these are group insurance, annuities,
stock-purchasing arrangements, and pension funds. Details about
the plans, however, are not given.
4

A djustm ent o f Disputes

Formal machinery for the adjustment of disputes and for their
final settlement through arbitration is established under all of the
agreements. The word “ grievance” is defined in only general terms
in a few agreements, i. e., “ disputes which may arise,” but most of
them specify that any dispute arising out of the interpretation, appli­
cation, or violation of any provisions of the agreement may be sub­
mitted to the grievance machinery.
GRIEVANCE MACHINERY

The employee is granted the option under 16 agreements of pre­
senting the grievance to the foreman alone or of being accompanied
by a union representative, 3 require the union representative to
accompany the employee while 2 stipulate that the employee alone
must first present his grievance to the foreman. Eleven agreements
provide that grievances which are not adjusted satisfactorily with
the foreman shall be presented, usually in writing, to the union shop
committee to see if they have merit before anything further is done.
Most of the agreements provide that the union committee shall take
up grievances with the company superintendent or other local repre­
sentative of management, and, if they fail to settle the dispute, the
national union president and the president of the company try to
do so.
To avoid prolonged delay in the disposition of disputes, all but 3
agreements impose time limits on the various stages of the grievance
machinery and many provide for regular meetings, usually monthly,
between the union committee and management.
Four agreements specifically provide that the employee and his
union representative shall he given an opportunity to see his record
with the company and that if an unfavorable report is made on the
record, the employee must be informed of it within a specified number
of days or it cannot be held against him. Under one agreement, the
name of the person making the accusation must also be noted in the
record.
PAYMENT FOR TIME SPENT IN ADJUSTING GRIEVANCES

According to 11 agreements, members of the union committee,
and under 4 of these all employees concerned, receive their regular




18
pay for time spent in adjusting grievances during working hours.
One of these also provides time and a half for meetings after hours,
including travel time. Of the 11, 2 limit payment to time spent in
the regular monthly meetings, or special meetings called by the com­
pany, while 1 limits the pay to 8 hours per month and another limits
the number of employees who will receive regular pay to 12.
Payment of $3 to each member for not more than 2 meetings of the
union committee per month is provided under 1 agreement, while
another states that no payment shall be made for monthly or called
meetings.
Of 4 agreements which make no specific mention of pay for regularly
scheduled hours devoted to grievance adjustment, 2 provide overtime
rates of pay for all such work after regular hours, and 1 of these
specifies pay for a minimum of 1 hour. The other 2 require straighttime pay for grievance work after regular hours.
Discharge

Although a majority of the agreements state that the worker may
be discharged for “ just” cause, a few are more specific. Typical of
these is the Tidewater agreement which states that “ an employee who
is inefficient, disregards operating rules and policies, or is insubordi­
nate, is subject to immediate dismissal.”
Appeal of discharge is specifically provided in 17 agreements, and
under the other 4 it can be assumed that discharge cases may be sub­
mitted to the regular grievance machinery, since any dispute may be
appealed. If the employee's discharge is found to be unjust, 9 agree­
ments require that he be reinstated and paid for all time lost. Time
limits for the appeal of discharge cases, ranging from 5 to 15 days,
are provided in 15 agreements, and a few provide for especially speedy
handling of such grievances.
Two agreements provide that before an employee can be discharged,
he must be notified that a repetition of his offense will bring discharge.
If the employee is physically capable of continuing his duties, 5
agreements forbid his discharge because of an accident unless it was
caused by “ negligence, carelessness, or malicious intent.” One of
these also provides that an employee shall not be discharged for 3 or
less wage assignments or garnishees in 12 months.
Arbitration

Any dispute within the scope of the grievance machinery may be
carried to arbitration if an agreement is not reached through one of
the earlier steps of the procedure. When negotiations between the
highest union and company officials fail to result in a settlement of
disputes, 16 agreements, covering almost 85 percent of the workers
under the agreements analyzed, provide for arbitration at the request
of either party. Four agreements call for arbitration at the request
of the union only, and 1 at the request of either the union or an
individual employee.
The arbitration machinery is established by all but 3 agreements,
which leave the exact procedure to be agreed upon when the matter is
referred to arbitration. One of these provides that if agreement on




19
procedure cannot be reached, the Conciliation Service of the U. S.
Department of Labor shall be asked to send an arbitrator.
When the need arises, 17 agreements provide for the establishment
of an arbitration board consisting of 1 (in one case of 2) representative
chosen by each side. If the bipartisan board is unable to reach a
decision, the members select an impartial chairman to act as arbitra­
tor. Eight of these 17 agreements provide that if agreement upon
an impartial chairman cannot be reached, a Government agency, such as
the Conciliation Service of the U. S. Department of Labor, the National
War Labor Board, or the National Labor Kelations Board, shall be
requested to appoint an arbitrator. One of the agreements provides
that disputes shall be referred directly to the Conciliation Service or
NWLB to appoint an arbitrator without setting up any tripartite
board.
The Sinclair agreement provides that grievances shall be submitted
to an arbitration committee “ for the particular plant or region in
which such employee is employed.” If the dispute cannot be settled
by the local board it is referred to the president of the Sinclair Oil
Corporation and the president of the Oil Workers International Union.
If they cannot reach a decision, each selects 1 representative— the 2
representatives to act as a local arbitration board. If a decision can­
not be reached within 10 days, the U. S. Department of Labor is
asked to send a representative to serve as arbitrator. Disputes or
disagreements which are general in character and which affect a large
number of employees are referred directly to the president of the
Sinclair Oil Corporation and the president of the Oil Workers Inter­
national Union. If they cannot agree, they decide upon a method
of arbitration.
Time limits are placed on the selection of the impartial chairman
and the submission of the dispute to arbitration in 15 agreements.
Most of them specify a time limit of from 2 to 30 days, with about
half allowing less than 15 days for submission. A few merely say the
grievance shall be submitted within a “ reasonable time.,, One of the
15 requires that arbitration must be carried out within 15 days, and
2 others ,say that the decision shall be rendered “ as soon as prac­
ticable/J
Strikes and Lockouts

In 14 agreements, all of which provide arbitration machinery, strikes
and lockouts are forbidden during the life of the*agreement; 2 of these
provide for a joint conference between the company and the union to
deal with disputes involving only indirectly the employees covered.
The 3 Texas agreements provide that the company and the union
representatives shall meet within 30 days after giving written notice
of the decision to strike. If no agreement has been reached within
60 days after the end of the 30-day period, then the employees have
a right to strike. Four of the 21 agreements make no reference to
strikes.




U. S. GOVERNMENT PRINTING OFFICE: 19 45