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UNITED STATES DEPARTMENT OF LABOR

L. B. Schwellenbach, Secretary
BUREAU OF LABOR STATISTICS
Ewan Clague, Commissioner

Union-Security Provisions
in Collective Bargaining

Bulletin No. 908

For sale by the Superintendent of Documents, U. S. Government Printing Office
Washington 25, D. C. • Price 15 cents




Letter o f Transm ittal

U n it e d S t a t e s D e p a r t m e n t of L abor ,
B u r e a u of L abor S t a t is t ic s ,

Washington, D. C., May 5 ,1947.

T h e S ecr etary

of

L abor:

I have the honor to transmit herewith a report on union-security provisions
in collective bargaining. It was prepared by Abraham Weiss, Jonas Silver, and
Irving Atkins, under the general supervision of Harold S. Roberts, in the Industrial
Relations Kranch, Boris Stern, chief.
E w a n C lague,
H o n. L . B . S chw ellenbach,




Secretary of Labor.

Commissioner.

P refa ce

As early as 1902 the Bureau of Labor Statistics, then the Bureau
of Labor in the Department of the Interior, recognized the growing
importance of collective bargaining, and published verbatim the bitumi­
nous coal mining agreement of 1902 between the Associations of Coal
Mine Operators of Pennsylvania, Ohio, Indiana, and Illinois and the
respective districts of the United Mine Workers of America. Since
1912 the Bureau has made a systematic effort to collect agreements
between labor and management in the leading industries and has from
time to time published some of those agreements in full or in summary
form in the Monthly Labor Review.
The first bulletin entirely devoted to collective-bargaining agree­
ments was published in 1925 under the title “Trade Agreements in 1923
and 1924.” Similar annual bulletins were published in 1926, 1927, and
1928. These bulletins analyzed only outstanding agreements affecting
certain industries and certain skilled crafts in which collective bargaining
has followed a more or less established pattern.
No bulletins in this field were published by the Bureau between
1928 and 1942—a period during which collective bargaining first
lost ground in the depression and then made rapid strides following
the enactment of the National Labor Relations Act in 1935. The growth
in trade-union membership from fewer than 4,000,000 workers in 1935
to more than 10,000,000 in 1942 not only resulted in a large increase
in the number of collective agreements covering industries hitherto not
included under collective bargaining, but also extended the scope and
area of bargaining in individual industries. In recognition of this devel­
opment, the Bureau’s 1942 report on union agreements (Bulletin No.
686) dealt with provisions and clauses on particular labor-management
problems rather than with the agreements of each union or industry
separately.
The substance and character of collective-bargaining agreements
change continuously, and many of the clauses and provisions covered
in Bulletin No. 686 underwent significant changes during the war emer­
gency, as a result not only of the normal processes of collective bar­
gaining but of the decisions of the National War Labor Board. New
problems meant new clauses and new provisions. The Board also gave
added impetus to certain forms of union security, and to certain prac­
tices, now deeply imbedded in the entire field of labor-management
relations.
The liquidation of the Board, and the renewal of emphasis on free
collective bargaining after VJ-day, led to a tremendous increase in the
Preface



1

demand for information on specific current provisions in agreements.
Urgent requests came from employers and unions, from the U. S. Con­
ciliation Service, and from mediators and arbitrators engaged in settling
or preventing labor-management disputes. It was largely in response
to these requests that the Bureau of Labor Statistics undertook to revise
and bring up to date the material on union agreements;
In this revision two significant departures have been made: (1)
Accumulation of data has made possible the use of a larger sample than
was possible heretofore. (2) The information will be presented in a
series of small bulletins, each stressing a major area or significant prob­
lem of collective bargaining. This will permit the material for each
major problem to be published as rapidly as finished without waiting
until all of the subjects of collective bargaining are analyzed. It will
have the advantage of greater flexibility in handling specific requests
for material from employers, unions, and the public. Some clauses are
more or less stable and undergo relatively minor changes even over a
considerable period of time and therefore need only occasional revision;
whereas others undergo rather rapid change. Also, as new issues develop,
it will be possible to add new bulletins to the series, without revising
those already published.
The clauses used are designed to facilitate, but not to condition, the
bargaining process. No special attempt has been made to determine the
prevailing industry practice or the most frequently used provisions. The
clauses are presented, not as models, but as a source of reference for
those who participate in collective-bargaining negotiations, by making
available to them a wide variety of provisions on the specific subjects
under consideration.

2



Union Security Provisions

Bulletin No. 908 of the
United States Bureau of Labor Statistics
C ontents

I ntroduction .....................................................................................................................
Closed S hop .......................................................................................................................
Clauses (1-11).............................................................................................................
U nion S hop .......................................................................................................................
Clauses (12-37)..........................................................................................................
M aintenance of Membership......................................................................................
Clauses (38-53)......................................................................'...................................
P referential H iring and E mployer E ncouragement of U nion M embership
Clauses (54-65)...........................................................................................................
U nion R ecognition as S ole orE xclusive B argaining A gency...................
Sole bargaining...............................................
Clauses (66-69)..................................................................................................
Bargaining for Members Only................................................................................
Clauses (70, 7 l ) ............................................................................................ >, •
«
A dmission to U nion M embership...... .......................................................................
Clauses (72-81)..................................................................................
P enalty for L oss of U nion M embership................................................................
Clauses (82-99) ........................................................................................................
Collection of D ues and A ssessments ......................................................................
Automatic Check-off ................................................................................................
Clauses (100-107) ...........................................................................................
Maintenance of Union Dues...................................................................................
Clauses (108-110) ...........................................................................................
Voluntary Check-off ................................................................................................
Clauses (111-119) ...........................................................................................
Other Methods of Collection..................................................................................
Clauses (120-126) ...............

Contents



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3




Union-Security Provisions in Collective Bargaining

Introduction
When a union signs an agreement with an employer pertaining to the
terms and conditions of employment, it has acquired a measure of secu­
rity, at least for the duration of the contract. Certain rules and proce­
dures governing labor-management relationships are established, and
one of the most important of these rules involves “union security/’ i. e.,.
the position of the union and its relationship to the workers in the plant:
and to their jobs. The union-security provision establishes the require­
ment that some or all of the workers in the bargaining unit must become
and remain members of the union as a condition of employment.
The first step toward union security may be said to have been accom­
plished when an employer voluntarily, or following National Labor
Relations Board certification, recognizes the union as sole or exclusive
bargaining agent of the workers in the bargaining unit of the plant.
Following such recognition, the employer and union or their represent­
atives enter into collective bargaining to determine the terms and con­
ditions of employment, including union security going beyond simple
recognition. The position of the union is based upon the simple propo­
sition that all workers who share the benefits of the collective agreement
should at the same time share the obligations of the union. Membership
in good standing in the union is regarded as the principal obligation..
For the most part, management has opposed the union-security principle
because of the fear that control over the supply and quality of its labor
force would thereby be placed in the hands of the union. However, the
thousands of union agreements which contain union-security provisions
of one type or another afford ample evidence that employers and unions
have, through the process of collective bargaining, found a basis for
reconciling their differences.
Union-security provisions may be formulated in many diverse waysr
to meet differing needs of employers, of the particular type of industry
or of the union. Variations are based on such factors as extent of mem­
bership requirements among present as compared with new employees,,
methods of hiring with or without direct or indirect aid of the union, and
job preference for union members in hiring or firing. Between the dosed
shop with its requirement of union membership as a condition of hiring
and continued employment, and the simple expression of recognition
of the union as exclusive bargaining agency, there exists in practice a
wide range of possible alternatives on the basis of which agreement may
be reached.

Introduction




5

Any form of union security agreed upon may be further imple-^.
mented by the inclusion of provisions such as complete or partial check­
off of union dues and assessments, use of company premises for the
collection of dues, penalties for loss of union membership, and restraints
upon the union's arbitrary requirements of union membership. Many
agreements contain a reaffirmation of the statutory prohibition against
employer discrimination because of union activity or membership and
a pledge on the part of the union not to coerce employees into union
membership.
Of an estimated total of 14.8 million workers covered by written
agreements in 1946, over 11 millions (78 percent) were working under
union-security provisions which in one form or another required union
membership as a condition of hiring or continued employment, or both.
Approximately 6 million workers, or about 41 percent of all employees
under agreement, were covered by check-off provisions.

Closed Shop
Under the “closed shop" form of union security, the company obli­
gates itself to hire and retain in its employ union members only. “Closed
shop" has been defined to include recruitment by or through the union
or the requirement that all new employees be members at the time of
employment. The agreement may provide that the employer may reject
a worker, referred to him by the union, who does not meet the specific
standards set by the employer or the contract. Under an absolute union
hiring clause or a preferential union hiring clause, if the union fails to
furnish the necessary workers, agreements usually permit the employer
to hire nonunion workers provided they make application for membership
or secure a temporary work card prior to or at the commencement of
employment. When an agreement establishes the closed shop for the
first time, employees are required to become members of the .union within
a short time after the signing of the agreement. In rare instances an
exception is made of workers already in the employ of the company
at the time the closed-shop agreement is signed, who need not become
union members. Subsequent turn-over will eventually establish the com­
plete closed shop.
Some closed-shop agreements provide that temporary workers hired
through union permit cards may be replaced by union members with
seniority in the industry, when the latter become available. Some agree­
ments specify that the union shall not unreasonably withhold union mem­
bership or so modify its membership requirements as to prevent entry
of new workers during the life of the agreement. In effect this means
that the union obligates itself not to become a “closed union." Special

6




Union Security Provisions

safeguards may be added to take cognizance of seasonal employment,
by granting temporary work permits to allow an increase in the work
force during the period of increased employment.
The “closed shop” form of union security originated and prevails
in those trades and industries in which special crafts, requiring high
skill and long years of training, still predominate. Coupled with it is
an integrated system of apprenticeship training generally extending over
a period of several years. Thus the closed shop is found to prevail in
most branches of the printing industry, in building and construction, and
in bakeries. Other industries, placing less emphasis on crafts and training
but with strong and firmly established unions and the closed-shop form
of union-security, include the manufacture of men’s and women’s cloth­
ing, and shipbuilding.
Typical clauses, illustrative of the variations in closed-shop provi­
sions, follow.
CLOSED SHOP

1. Simple Closed Shop—Only Union Members Hired
It is agreed that all members of the [employers’ association] hiring workmen
shall employ none other than members of the unions affiliated with the [local union
council] carrying [council] membership cards.
2. New Employees Hired Upon Presentation of Union Book and Working Card
Employers shall employ and retain in their employ only members in good
standing in the union. No employer shall employ any employee except upon pre­
sentation of the union book certifying to his good standing in the union and quar­
terly working card issued by the union, bearing the name of the employer and
signed by the employee, nor retain in his employ any employees after notice from
the union that such employee is no longer in good standing.
CLOSED SHOP— HIRING THROUGH UNION

2. Union to Supply All Workers
Employer agrees to hire all workmen it may require hereunder, in the classifi­
cations contained in Schedule “A” hereto attached, through and from the unions
and to continue in its employ in said classifications only workmen who are members
in good standing of the respective unions signatory hereto and affiliated with and
in good standing in the [parent body]. All workmen employed hereunder shall be
required to present a clearance card from the appropriate union before being
employed.
The unions agree, on requisition of the employer, to furnish competent work­
men in the classifications contained in Schedule “A” for the prosecution of the
work covered by this agreement. The employer may refuse to employ and may
discharge any employee for any just and sufficient cause.
4. Union to Supply Workers Within 48 Hours
All employees included in the scope of this agreement shall be and remain
members in good standing of [local union] affiliated with the [union]; provided
that new employees shall be allowed not more than 6 weeks from the date of their
employment to complete the payment of the initiation fee to the union.

Closed Shops




7

On notification by the union, the company shall discharge within 48 hours any
employee refused membership in, or suspended or expelled from the union. The
union agrees that no employee will be refused membership in or suspended or
expelled from the union without good cause.
The company agrees to hire all new employees for the occupations within the
"scope of this agreement from the office of the union in [city]. The company further
agrees not to discriminate in hiring because of union activity.
In the event that the union is unable to furnish workers in the numbers and
with the qualifications required, it shall so notify the company within 48 hours after
receipt of written request, and the company shall then be free to secure such em­
ployees from any source, provided that such right shall be restricted to the imme­
diate needs of the company and shall not be extended to cover any future needs,
which same shall be met in the manner provided above. Provided, further, that new
employees not hired through the office of the union shall be directed by the company
to report to said office for clearance within 48 hours of hiring, and, in any case,
before commencing work. The union shall not unreasonably withhold the issuance
of such clearance when proper application is made.
5. Temporary Workers Replaced by Union Members
Employer agrees to employ and retain only members of the union in good
standing (office help and superintendent excluded). If union is unable to furnish
help in 48 hours, temporary cards will be issued to those workers recommended by
employer who are acceptable to the union. Temporary workers shall be replaced
when the union can furnish members who have seniority in the industry.
6. Union to Supply Workers Within 24 Hours
All employees, except those described in Section 1 hereof, who are not members
of the union in good standing, shall become such union members immediately or
be replaced by members of the union in good standing. Employees who may here­
after be hired must be members of the union in good standing at the' time of hiring,
but all newly engaged employees shall be on trial for a period of four (4) weeks.
The union shall be the sole judge as to which employees are members in good
standing.
When additional workers are needed, the employer will request the union to
furnish them, and if qualified workers are not supplied by the union within twentyfour (24) hours, the employer may engage workers in the open market.
7. Workers Hired Must Apply for Membership A t or Before Employment
Company will employ and retain only technicians who are members of the
union. Company must first apply to union for new technicians. If union is unable,
within 7 days, to furnish competent technicians of the type requested, company can
then hire in open market provided that the technicians apply for membership at or
before commencement of employment.
8. During Busy Season, Extra Help Must Have Union Permit Cards
Only members in good standing with Local Union No.................of the Interna­
tional Union of --------- shall be employed by the undersigned firms.
When help is needed, the secretary of the union shall be notified to supply help.
If the union cannot furnish help within 48 hours, the employer may hire help tempo­
rarily on permit cards.
Should the union be unable to furnish help during the busy season from April
1st to October 1st, extra help may be employed as long as such employment does
not cause any lay-off to the union members. All such extra help shall have permit
cards issued by Local Union No.................before they can go to work. A permit
card is good for one month only but may be renewed monthly during the permitcard season.

8




Union Security Provisions

All permit-card help must be discharged in the respective department before
any union member can be laid off.
9. Temporary Seasonal Employees Need Not be Union Members, but Must Have
Temporary Working Permit
The employer agrees that it will employ only members of the union in good
standing. The union shall be the sole judge of the good standing of its members
and any employee who shall hereafter cease to be a member in good standing shall
on written notice to the employer be discharged immediately.
It is hereby understood and agreed that any employees hired subsequent to the
signing of this agreement shall become members of the union immediately upon
being hired by the-employer, provided, however, such employees are to be classified
as permanent employees. Employees who are not now members of the union shall
become members of the union within 7 days after the execution of this agreement.
The union agrees that it will accept such employees into the union as full members
upon acceptance and approval of the union and upon payment of its regular dues,
and that such employees shall continue as members in good standing provided they
abide by and adhere to the constitution, rules and regulations of the union. It is
understood, however, that if any employee is rejected by the union, he or she shall
upon written notice to the employer be discharged immediately.
The employer shall be permitted to hire temporary employees for a peak season
which shall not exceed 60 days in any one year. It is not necessary that these
temporary employees be members of the union and as such shall not be affected by
the seniority rights of this agreement. They may be released at any time without
the necessity of assigning any cause therefor. Prior to their commencing work,
such temporary employees, however, must secure from the financial secretary of
the union a temporary working permit. Such temporary employees shall be subject
to and must abide by any and all rules and regulations of the union relative to and
affecting such temporary working permits and shall pay all required fees as pre­
scribed by the union.
It is specifically understood and agreed that the employer shall notify the union
when in need of all permanent and temporary employees. The union on its part
agrees to furnish the employer with the required number of experienced and trust­
worthy employees as requested within forty-eight (48) hours after the original
request is received, with the exception of female employees for the [name of specific
plant] in which case twelve (12) hours* notice shall be deemed sufficient for the
notification of these employees to report for work. In the event, however, that the
union is unable to supply the employer with the required number of experienced
and trustworthy employees, it is hereby agreed that the employer shall then and in
that event have the right to hire such additional employees as may be required from
any other source, and all such employees shall be subject to the provisions herein­
above contained.
10. Special Group Exempted from Closed-Shop Provision—Learners or Apprentices
Have 4 Months in Which to Join Union
The employer agrees to employ none but members of the union in good standing
in t h e ..............mills covered by this agreement excepting, however, office workers,
general clerical help, watchmen, maintenance workers, truckers, shipping clerks,
firemen, engineers, bobbin boys, fixers, foreladies and foremen. Subject to the
above-mentioned exceptions, no new employees will be hired unless they first become
members of the union, excepting as to inexperienced help, commonly known as learn­
ers or apprentices, who may be employed, but who shall have 4 months after em­
ployment within which to join the union.

Closed Shops




9

In the event that the union cannot supply competent workers within forty-eight
(48) hours after formal request is made, the employer may secure such workers
from other sources, it being understood, however, that such workers shall become
members of the union within fifteen (IS) days after their employment; should,
however, such workers fail or refuse to become members of the union, then and in
that event whenever the union will replace them by competent help from the union,
such outside workers shall be discharged by the employer immediately upon such
replacement.
11. Initial Closed-Shop Agreement—Union Membership Immediately Upon Employ­
ment.
All present employees covered by the bargaining unit are required to join the
union within 30 days from [date].
All employees hired on or after [date] shall be required to join the union imme­
diately on employment.

Union Shop
The union shop differs from the closed shop in that the employer
is free to hire nonunion workers and is the sole judge of the qualifica­
tions of the applicants. The union shop is identical with the closed shop
in that membership in the union is a condition of continued employment,
and suspension from the union may entail dismissal from the job. How­
ever, unlike the closed shop, union membership need not be acquired
until immediately following employment, or within a stipulated period
thereafter. Some agreements facilitate access of the union to the new
employees by providing that lists of new employees shall be given to the
union or that an application for membership in the union shall be given
to each individual upon employment. This type of union recognition pre­
vails in the bus and street-railway, coal-mining, and paper and allied
products industries.
The clauses on union shop vary with respect to the time within which
a new employee must make application to and become a member of the
union. This may be immediately following employment, within 20 or 30
days, or as long as 6 weeks later. It should be noted that the period
within which an employee hired outside the union must become a union
member, whether under a-closed shop or union shop, is not necessarily
coextensive with the period of probation on the job. An individual
worker may acquire union membership within the probationary period
and still not be acceptable to the employer. On the other hand, a worker
may acquire seniority but not be acceptable to the union, both conditions
must be met in order that the individual may continue on the job. Even
under a closed-shop provision requiring the new employee to be a union
member at the time of being hired, the employer may retain the right
(within the probationary period) to reject, for lack of proper job qualifi­
cations, the worker furnished by the union.
Union Shop— Variations.— Basically, a union shop requires union
membership of all employees as a condition of continued employment,

10




Union Security Provisions

though not of being hired. Certain variations of the union shop go be­
yond this requirement by giving union members such preference in em­
ployment as to approximate the dosed shop. Other variations allow
exemptions from the requirement of union membership as a condition
of continued employment. These are sometimes called “modified” unionshop clauses. The union-shop agreement may indicate preference in
employment to union members, but in the event the union fails to furnish
workers or the employer rejects those workers supplied by it, the employer
may hire nonunion workers who need not become members of the union
until they have been on the job for a specified period of time.
Exemptions from the requirement of union membership may be
granted to certain classes of old employees, as for example, those who
were not members of the union at the effective date of the agreement, men
with long seniority in the plant, returning veterans, and part-time work­
ers. Having made concessions with regard to the requirement of union
membership as to present employees, the union asserts its prerogative
as to new employees by requiring that all or a proportion of them shall
become union members within a set period following the date of hiring.
In order to make nonmembers pay for the benefits accruing under the
agreement, some agreements provide that nonmembers must make an
equivalent contribution to charity and others require that dues are to be
paid to the union by workers whether members or not.
UNION SHOP

12. New and Present Employees to Join Union Within 30 Days—Initial Union
Shop
The company agrees as a condition of employment that all employees eligible
shall become members of the union within 30 days after the execution of this agree­
ment or within 30 days after his hire, as the case may be. All employees who become
members of the union shall remain members of the union during the term of this
agreement.
13. New Employees to Join Union Within 20 Days
All present employees not on the excluded list [outside the bargaining unit]
who are not now members of the union, must become members within 20 days after
the signing of this agreement. All persons employed, after this date, must become
members of the union within 20 days after date of their employment. All employees
will remain members of the union in good standing as defined by the constitution
and bylaws of the union as a condition of employment for the duration of this
agreement.
14. Copy of Union Application Blank Printed in Agreement Books
It is agreed that in order for the union to fulfill its obligation as the exclusive
bargaining agency, the aforesaid employees and all such employees retained by the
company after they have completed thirty (30) days of employment, shall there­
after, as a condition of continued employment with the company, establish and main­
tain good standing membership in the union. A copy of the union application blank
shall be printed in the agreement books and filled in when a new employee is hired,
and submitted to the union treasurer weekly by the employment agent.

Union Shops




11

15. Employer Free to Hire From Any Source
All employees eligible shall become members of the union within thirty (30)
days after employment. The employer shall have the exclusive right to determine
the source or sources of applicants for employment, and shall be the sole judge of
the requirements and qualifications of such applicants.
16. Union Shop Accepted as Guaranty of Efficient Production
It is a recognized fact that harmony among workers is the best guaranty of
efficiency and maximum production; therefore, to accomplish a complete harmonious
relationship, it is hereby agreed that this is a union-shop agreement, in that all
present employees coming under the jurisdiction of this agreement shall be and
remain members of Lodge No.................. New employees shall be hired on a proba­
tionary period consisting of sixty (60) consecutive calendar days, during which
period the company may discharge them or lay them off for any just cause and
such action will not be deemed a breach of this agreement or considered a grievance
by the union. In the event said employees are retained beyond the sixty (60) day
probationary period they shall be accepted as regular employees with seniority
dating back to their original hiring date. New employees shall become members of
the union after thirty (30) days.
17. Delinquent Members Subject to Discharge on 10 Day/ Notice
The employer agrees to keep in his employ only members in good standing in
the union. Those in arrears for more than thirty (30) days shall not be regarded
in good standing. The union agrees to give the employer notice in writing, in all
cases where members have become delinquent in the payment of dues, or are sus­
pended. The employer agrees that he will, within 10 days after receipt of such notice,
dispense with such workers, and the union agrees to make reasonable effort to
replace such workers within a reasonable time.
All new employees shall be obliged to become members of the union within
6 weeks, and remain members thereof during their employment.
18. Employees May Also Hold Membership in Other Unions
All employees, as herein defined, as a condition of their future and continued
employment by the corporation, shall be required to become members of the union
and to maintain their status as members during such employment. However, mem­
bers of other unions may continue their membership in such other unions.
New employees shall be required to obtain credentials indicating membership
in the contracting union within thirty (30) days of date of employement. By mutual
agreement between the parties and upon informing the employee, the probationary
status of an employee may be extended for an additional period or periods of 30 days.
19. Employer Free to Hire From Any Source, One of Which Is Joint Employment
Agency Maintained by Union and Association
The employer agrees, except as herein outlined and provided, to keep in its
employ none other than members of the union in good standing.
The employees of the employer of the classes covered by this agreement who
are not members of the union at the time of the execution of this agreement by the
said employer, shall have 30 days from the date of the execution of this agreement
by the employer within which to apply for membership in the union, and the union
agrees to accept them into membership on the same terms and conditions on which
any employees now members were admitted to membership in their respective unions,
without any discrimination. The employer agrees that, at the end of the said 30
days, it will not keep in its employ anyone who is not a member of the union other
than those exempted from the operation of this agreement, unless with the consent
of the union, and the union, during said 30 day period, shall not have the right to

12




Union Security Provisions

object to such employees continuing in said employ, notwithstanding any other
provision herein contained.
Newly engaged employees, not members of the union, shall be required to be­
come members of the union within 15 days after they shall have entered the employ
of the employer, and the employer agrees not to continue in its employ any newly
engaged employee, not a member of the union, who shall have failed to join the
union at the expiration of the said 15 day period * * *.
The union agrees that the employer shall have the right to engage its new
employees from whatever source it finds desirable, any seeming provisions to the
contrary notwithstanding, provided, however, that within fifteen (15) days after
the employer has engaged a new employee, said new employee shall make application
for membership in the union and shall be permitted to continue to work upon con­
dition that the said new employee becomes a union member in good standing.
It is agreed that a joint employment agency shall be set up by the association
and the union. The agency shall be under the joint control of the union and the
association and shall be supervised by a committee of six members, three of whom
shall be designated by the union and three by the association. The committee shall
appoint the necessary personnel to conduct the business of the agency. The expenses
of such joint employment agency shall be borne equally by the union and the asso­
ciation.
20. Refusal of Union Member to Work with Nonmember or Nonapplicant Not a
Violation of Agreement
In selection of new employees employers shall give preference of employment
to unemployed members of the union without prejudice, provided they have the
necessary qualifications and are available for employment. Before any nonunion
worker is hired at any time the employer shall request the union to furnish a qual­
ified person or persons for the position or positions. Employers shall be the judge
of the qualifications of all of their employees.
If union members are not available, any employer may hire any person or per­
sons who are not members of the union, provided, however, that said person or
persons must make application for membership in the union before starting work.
Such application to be acted upon not more nor less than seven (7) days from date
of employment. If an employee desires membership before the seven (7) day period
expires, then upon his or her request, his or her application shall be acted upon by
the union. The employer agrees that any new employee found to be engaged in
any activity detrimental to the union will be discharged immediately upon request
of the union. The refusal of any member or members of the union to work with
any workers who are not members of the union or have application pending, shall
not be considered a violation of this agreement.
UNION SHOP— VARIATIONS

21. Preferential Hiring—Employees Must Be Union Members or Applicants for
Union Membership at Time of Hiring
The employer shall give preference to the members of the union in hiring new
operatives in each respective operation in its said plants, if fully competent members
are made available by the union for employment by the employer.
The employer agrees to employ none but members in good standing in Local
..............or those who have signified their intention of so becoming, as employees of
the production, maintenance and shipping departments, of the employer, but exclud­
ing clerical, administrative, executive, and/or supervisory employees.
22. Preferential Hiring—Union Given 48 Hours to Supply Employees
The company agrees to hire only members of the union in good standing pro­
vided that the union can supply qualified workers within 48 hours after request is

Union Shops




13

made for them. Should the union be unable to supply such workers within the said
period the company shall then be free to hire from any available source. In the
event that the company does hire from other sources than the union hiring hall,
such employees shall be required to take out membership in said local at the con­
clusion of 15 days of work within the company. The union agrees upon request, to
put on its waiting list applicants for work who apply to the company when no work
is available. There shall be a trial period of fifteen (15) days of work for any
employee or employees hired, excepting supervisory, office personnel, technicians
and set-up men, who shall have a trial period of thirty (30) days during which
period the company shall determine if the employee or employees so hired will be
retained.
23. Preferential Hiring— Union Given One Week to Supply Employees
When the company is in need of new employees, the union shall have the first
opportunity to supply such employees. If the union shall be unable to supply such
employees within one (1) week, or if the union waives the right to supply such
employees, the company may hire any person it desires.
Any new employees hired by the company who are not already members of the
union, shall become members of the union within two (2) weeks of the date of their
employment. Only members in good standing of the union shall continue in the
employ of the company.
24. Preferential Hiring—Nonunion Workers, Newly Hired, Given 60 Days to
Join Union
Members of the union in good standing shall be given preference in employment.
All employees, excluding clerical, matrons and office help, superintendents, technical
engineers, foremen, guards and patrolmen shall be members of the union in good
standing. New employees hired by the employer shall not be required to join this
union until they have been in the employ of the employer sixty (60) days; after
such time they will be'required to join this union, except temporary employees.
25. Union to Furnish Replacement Before Employer Will Discharge Because of
Nonmembership
All workers employed by the company who are members of the union shall,
as a/ condition to their continued employment, remain members in good standing
in said union. Those workers now employed who are not now members of the union
shall become members of the union within fifteen (15) working days from the
signing of this agreement as a condition to their continued employment. Under this
provision it is agreed that the union will not require the company to discharge any
employee because of nonmembership compliance until the union has supplied the
firm with an acceptable and competent workman as a replacement.
26. Present Members Must Maintain Membership—New Employees to Join Union
Within 15 Days of Employment
The company shall dismiss any employee who is now, or hereafter may become
a member of the union, who fails to maintain such membership in good standing;
and to dismiss any new employee who fails to apply for a membership in the union
within 15 days after the commencement of his employment. The union shall not
refuse membership to any employee except for just cause.
27. Present Nonmembers Not Required to Join Union but Company Encourages
Them to Do So
All employees hired after the date of execution of this agreement, must, after
a 6 week probationary period, become and remain members of the union in good
standing as a condition of continued employment. In individual cases the employer

14




Union Security Provisions

shall have the opportunity of negotiating with the union with respect to a longer
probationary period.
It is agreed that present employees, who have not and do not desire to join
the union, need not do so as a condition to their continued employment with the
company. It is agreed that all employees who are members of the union, or who
may become members of the union, shall remain members in good standing during
the life of this agreement.
The union status specified in the preceding contract implied the gradual
establishment of union status through the fact that all new employees were pledged
to join the union. During the year 1945, the union worked so harmoniously with
the company as to give assurance that complete unity through' complete union
membership would mean higher efficiency and greater productivity. As 1946 opens
with a higher wage scale becoming effective pursuant to company-union agreement,
the company hopes that any remaining nonunion employees will join the union.
28. Present Nonunion Employees Not Required to Become Members
All employees in the classifications now covered by this agreement and who on
this date are members of the union in good standing in accordance with the consti­
tution and bylaws of the union, and those who voluntarily join the union after
this date, shall during the life of the agreement as a condition of employment remain
members of the union in good standing; all employees hired after the date of this
amendment shall as a condition of employment with the company agree to join the
union within 30 days after their date of hiring and shall thereafter remain members
of the union in good standing. Employees not required to become members of the
union as a condition of employment shall not be intimidated, coerced or induced by
persuasive measures into membership in the union by either the union or its officers,
members or agents.
29. Present Employees Need Not Join Union, But Must Pay Sum Equivalent to
Dues to Charity
The employer agrees that during the period of this agreement it shall be a con­
dition of employment that all its present employees now members of the union and
employees subsequently employed be and remain members of the union in good
standing.
It is expressly understood and agreed that the employer may retain in service
any present employee who has not joined the union, provided, however, that such
employee agrees to and does contribute the sum of $2 per month to some legally
incorporated charity, such as the USO.
30. Nonmembers to Pay Union Dues
In recognition of the demonstrated responsibility of the union during the past
several years, the company agrees to the inclusion of the following clauses upon the
condition that said clauses may be reopened by the company on [Date], if the union
shows evidence of irresponsibility during the six (6) months’ period between [Date]
and [Date], and these clauses are so accepted by the union:
All employees now in the bargaining unit who are members of the union shall,
as a condition of employment, maintain their membership in the union in good
standing for the duration of this agreement.
All employees now in the bargaining unit who are not members of the union
shall pay all the regular union dues and assessments for the duration of this agree­
ment.
All new employees hired after [Date], shall apply for membership in the union
upon the completion of the trial period of thirty (30) days, and, as a condition of
employment, shall thereafter maintain their membership in the union in good stand­
ing for the duration of this agreement.

Union Shops




15

The union agrees to admit to membership without discrimination, all employees
of the company who are or may hereafter be employed in the bargaining unit.
31. Present Employees Transferred to Bargaining Unit Must Become Union Mem­
bers Within 30 Days
All employees covered by this agreement, who are members in good standing
of the union as of the effective "date of this agreement and employees who may
subsequently become members of the union, must continue as members in good
standing in the union for the duration of this agreement as a condition of continued
employment.
New employees hired within the bargaining unit shall within thirty (30) days
after date of hire become and remain members of the union in good standing as a
condition of continued employment.
The preceding paragraph shall apply to present employees, not in the bargaining
unit, who may subsequently be transferred to departments and or classifications with­
in the bargaining unit.
It is mutually agreed that employees within the bargaining unit, who are not
members of the union (excluding new hires with less than thirty (30) days’ service,
and employees within the bargaining unit in the armed forces of the United States
who are entitled to reemployment under the provisions of the Selective Training
and Service Act of 1940 and amendments thereto) shall not as a condition of em­
ployment be required to become members of the union.
32. Demoted Supervisors Must Join Union
Both the company and the union feel that the greatest amount of harmony will
exist, that better labor relations will prevail, and that employee interests will be
more adequately represented and better served if all eligible employees become mem­
bers of the union; accordingly, probationary and new employees shall, if eligible,
within fifteen (15) days after becoming permanent employees, as a condition
of further employment, become members of the union. When supervisory employees
are demoted to jobs covered by this agreement, they shall become members of the
union. It is further agreed that as a condition of employment, all eligible employees
who now are or may hereafter become members of the union must remain members
in good standing.
Any question of union membership, which necessitates releasing an employee,
shall be presented by the union to the company in writing, after which it may be­
come subject to grievance procedure.
33. Certain Employees May Elect to Join or Not to Join the Union
All employees within the bargaining unit who are now members of the union
must, as a condition of continued employment, remain members of the union in
good standing during the life of this agreement.
On or before [date], all present employees who are not now members of the
union shall, as a condition of continued employment, join the union and remain
members of the union in good standing during the life of this agreement.
Any employee who is hired after the date hereof and who has worked thirty
(30) calendar days, must, as a condition of continued employment, join the union
and remain a member of the union in good standing during the life of this agreement.
School boys, employees who because of age, service or disability may become
eligible for a pension during the term of this agreement, part-time workers, honor­
ably discharged veterans of the military or naval service of the United States, who
formerly were employed by the company, may elect to join or not to join the union,
but all such employees who become members of the union must remain members
in good standing during the life of this agreement.

16




Union Security Provisions

34. Repair and Maintenance Men Not on Seniority List, Hired for Seasonal Shutdown, Are Not Required to Join Union
All employees who were members of the union [date], or who thereafter joined
the union, shall remain members in good standing of "the union. All new employees,
commencing as of [date], after passing their probationary period, and within one
week after being placed upon the seniority list, shall become members of the union
in good standing. The [company] agrees, upon reasonable notice to itself and to
the employee affected, to discharge any employee, required by this section to become
or remain a member of the union in good standing, who does not do so. An employee
is not a member of the union in good standing who has been expelled for non­
payment of dues or for other good cause. None of the provisions of this section
shall apply to those repair and maintenance employees who are not on the seniority
list and who are hired pursuant to Article 9, Section 6:
(Article 9, Section 6. During the period of seasonal plant shut-down the [com­
pany] shall be the final judge of the competency and qualifications of persons used
or hired for specific repair and maintenance work. If in the judgment of the
[company] competent men are available from th e ..............plant employees, the men
that the [company] shall consider competent to do the work shall be offered such
work on a seniority basis. None of the provisions of this agreement shall apply to
such repair or maintenance employees who may be hired for work during such
seasonal shutdown by the [company] from outside the seniority list.)
35. Twenty-Year Men Need Not Join Union
Both the company and the union feel that the greatest amount of harmony will
exist, that better labor relations will prevail, and that employee interests will be
more adequately represented and better served if all eligible employees become
members of the union; accordingly it is agreed that as a condition of employment
all eligible employees covered by this agreement shall within 30 days from their
hiring date become and remain members of the union in good standing, except those
employees excluded on [date], who had 20 years of continuous employment with
the company.
(The agreement of [specified date] (Section 2) provided that all eligible and
new employees—other than the 20 year men—were given 30 days to join the union.)
36. Nine Out of 10 New Employees Must Become Union Members—"Guild Shop”
Not fewer than nine (9) out of ten (10) employees coming under the terms
of this contract and hired after the effective date thereof shall apply for membership
in the [union]. In the event of failure to become a member within thirty (30) days
of the start of his employment, the employee shall, upon formal notice from the
[union], be discharged. All employees who are now, or who may become members
of the [union], shall remain members in good standing during the life of this
contract.
37. Present and New Employees Given 30 Days to Join Union on Penalty of Dis­
charge, Though “Departures?' May be Referred to Grievance-Arbitration
Procedure
The company agrees to continue the present practice of cooperating with the
union to the best interest of both parties.
Cooperation concerning union membership will be uniform in all plants, and
the practice will be as follows:
During the first 30 days of employment the union will undertake to secure the
voluntary membership of the employee. After 30 days of employment, the union may
notify the plant management in writing of any employee who has not become a
member. The company will immediately undertake to secure the voluntary member­
ship of such employee, and will terminate the employment of any employee who

Union Shops




17

within 30 days after the notice has not paid an initiation fee of $............and regular
dues of............. percent of his gross earnings from the date of his employment.
With respect to members of the union who voluntarily and individually author­
ize in writing the deduction of the items mentioned hereinafter in this section, the
company agrees to deduct, for the period of this contract, such items from the
wages of each employee giving such authorization, funds so deducted shall be trans­
mitted to the local financial secretary by check, payable to the order of the local
union, not later than 10 days after each pay-roll period.. The card for such author­
ization will be as Exhibit “A” attached to and made a part of this agreement.
With respect to employees who have not voluntarily authorized the company
to make such deduction, whenever such employee fails to pay dues of 1 percent of
his gross eaffiings, excluding vacation pay, or owes the union a reinstatement fee
not exceeding $..........for 3 months’ default in regular dues, or ..........for 4 months’
or more/default in regular dues, or a nonattendance fee not exceeding $..............for
failure to attend at least one regular union meeting every 3 months, the union will
notify the plant management in writing, specifying these items of indebtedness.
The company will immediately undertake to induce the employees to pay voluntarily
such indebtedness to the union, and if, at the expiration of 30 days after this written
notice, such indebtedness has not been paid, the company will terminate the employ­
ment of such employee.
In a case where either party asserts in writing before the end of its 30-day
period that a departure from this practice is justified by unusual circumstances,
such circumstances shall be considered and a proper decision made through the
grievance procedure, and if necessary by the final step of arbitration, but this pro­
vision shall not detract from the ultimate objective of 100 percent dues-paying
membership.

Maintenance of Membership

Maintenance of union membership increased in importance as a
union-security measure under the wartime sponsorship of the National
War Labor Board. It was designed to satisfy the objections of employers
to compulsory union membership and the demand of unions for the
union shop. Under a maintenance-of-membership clause, an employee
need not join the union, but if he does, or having been a member fails
to resign during the ‘‘escape period,” he then voluntarily binds himself
to remain a member of the union for the duration of the agreement as
a condition of continued employment.
The principle of maintenance of membership was accepted by the
National War Labor Board as a wartime compromise between demands
for the closed shop and the open shop. The employee’s individual choice
was protected, since membership was voluntary; the union’s security was
guaranteed, since membership was to be maintained for the remainder
of the cofitract. The reasoning underlying the maintenance-of-member­
ship provision was expressed by Dr. Frank P. Graham in several NW LB
cases, as follows:
By and large, the maintenance of a stable union membership makes for the
maintenance of responsible union leadership and responsible union discipline, makes

18




Union Security Provisions

for keeping faithfully the terms of the contract, and provides a stable basis for
union-management cooperation for more efficient production. (Little Steel Com­
panies Case, 7-16-42.)
The maintenance-of-membership provision is required in the national interest
by the double necessity for the stabilization of the union and the stabilization of
wages, and is required in industrial justice by the double equity in labor’s pledge
not to strike for an increase in union security and not to strike for an increase
in wages. (Humble Oil & Refining Co., 4-17-44.)
The voluntary check-off and the voluntary maintenance of membership not
only protect the liberty of the individual to choose both or neither, but also, by
their binding effect, once chosen, they provide for the larger liberty of the members
in a secure and stable union. Membership in any organization necessarily imposes
restrictions. A free union like our free society, derives its freedom from the consent
of the governed and from the subordination of personal rights to the general wel­
fare of all the members of the union. Limitations on individual rights are, by the
very nature of organized society, the basis of civilization itself. Some limitations
on the individual liberty of workers are self-imposed for the larger liberty of the
independence, dignity, self-expression, and creative cooperation of workers in labor
unions through which they have won and are winning a larger share in the economic,
social, and spiritual things by which men work and live, and for which they hope
and dream for themselves and their children. (Little Steel Companies, 7-16-42.)

The policy of the War Labor Board was to direct the renewal of
an escape period with the expiration of the oid agreement. In some cases
the Board directed that delinquent members were to pay back dues before
they could take advantage of a renewal of the escape period, without
incurring loss of job or other penalty. Difficulties in enforcing mainte­
nance of membership arising out of challenged resignations, dues delin­
quency, and alleged coercion by union and management led the Board
to outline applicable procedures terminating in arbitration and, in many
cases, to couple maintenance of membership with check-off of union dues.
Negotiated maintenance-of-membership clauses have varied from
the standard War Labor Board provision principally with regard to the
escape period; some agreements omit the escape period, others place the
period at the end of the term of the contract, or shorten the duration
from 15 to 10 or 7 days. Additional variations are to be found in the few
agreements which utilize the individual authorization of maintenance o'f
membership and check-off—the Marshall Field formula of the War
Labor Board.
In 1946, maintenance-of-membership provisions covered 25 percent
of the workers under agreement, or more than 3.7 millions, employed in
such industries as aircraft and parts, chemicals, basic steel, steel products,
nonferrous metals, and electrical machinery and appliances.
MAINTENANCE OF MEMBERSHIP

38. War Labor Board Standard Maintenance-of-Membership Provision
All employees who, on [date], are members of the union in good standing in
accordance with its constitution and by-laws, and all employees who become mem­

Maintenance of Membership




19

bers after that date shall, as a condition of employment, maintain their membership
in the union in good standing for the duration of the collective agreement in which
this provision is incorporated, or until further order of the board.
The union shall, immediately after the aforesaid date, furnish the Regional War
Labor Board and the company with a notarized list of its members in good standing
as of that date.
The union, its officers and members shall not intimidate or coerce employees
into joining the union or continuing their membership therein.
If a dispute arises as to whether an employee (1) was a member of the union
on the date specified above or (2) was intimidated or coerced during the 15-day
“escape period,, into joining the union or continuing his membership therein, such
dispute may be submitted for determination by a hearing officer to be appointed by
the Regional War Labor Board. The decision of the hearing officer shall be final
and binding upon the parties.
If a dispute arises as to whether an employee (1) has failed to maintain his
membership in the union in good standing after the aforesaid date, or (2) was
intimidated or coerced into joining the union after the aforesaid date, such dispute
may be submitted for determination by an arbitrator to be selected in the manner
provided by the contract of the parties, or if no such provision exists, to be selected
by special agreement. In the absence of such a contract provision or special agree­
ment, a hearing officer will be selected by the Regional W ar Labor Board, on due
application. The decision of the arbitrators or hearing officer shall be final and
binding upon the parties.
39. Seven-Day Escape Period on Renewal of Agreement
All employees who seven (7) days after [date], are members of the union in
good standing and all employees who thereafter become members, shall as a con­
dition of employment, maintain their membership in the union in good standing for
the duration of this agreement. Payment of initiation fees and dues shall constitute
membership in good standing.
If a dispute arises as to whether an employee was a member of the union on
[date], such dispute may be submitted for determination by arbitration as provided
herein.
It is agreed that at the expiration of this agreement before there will be any
renewal of the above provisions there will be a seven (7) day escape period allowed
during which time any employee may withdraw from membership in the union
without such withdrawal affecting his employment.
40. Fifteen-Day Escape Period on Renewal of Agreement, Provided Back Dues Paid
It is agreed that all employees who, fifteen (15) days after the signing of this
agreement, namely, [date] are members of the union in good standing in accordance
with the constitution and bylaws of the union, and all employees who thereafter,
become members of the union, shall as a condition of employment, continue to
remain members in good standing as long as the union specified above remains the
collective-bargaining agent.
Members of the union who are delinquent in dues payments shall pay all dues
before they shall be permitted to avail themselves of the fifteen (15) day escape
period provided for above.
Members of the union in good standing for the purpose of this provision shall
be all persons who are members in good standing as of [date] or who subsequently
become members and have not resigned or withdrawn and so notified the union
in writing prior to [date].

20




Union Security Provisions

41. Seven-Day Escape Period, Provided Dues and Resignation Fee Paid—Veterans
Given Special 15-Day Escape Period Without Payment of Resignation Fee—
Good Standing Defined
Subject to the provisions of this section, every employee who, seven days after
[date], is a member in good dues standing in the union, as hereinafter provided,
and also every employee who thereafter joins and becomes a member in said good
dues standing in the union, must maintain his membership in good dues standing
in the union during the life of this contract as a condition of employment. If he
does not remain a member in said good dues standing in the union, as hereinafter
provided, he shall be laid off and subject to discharge in accordance with the pro­
cedure hereinafter provided.
The union shall furnish to the company, seven days after [date], a notarized
list of its members in said good dues standing and shall keep said list up-to-date by
submitting to the company thereafter in writing the names of additional employees
who will have joined the union.
By “good dues standing” at any given date is meant having all regular monthly
dues, as provided by the union constitution and bylaws, paid up to within 30 days
of that date. Upon proper written notice to the company by the union that an em­
ployee, whose name is on said membership list, is not in good standing with the
union, a representative of the company will either interview the delinquent employee
or will mail to him a notice at his last known address. If after 5 days from receipt
of said proper notice by the company, the delinquent employee has not presented
to the company (or the union has not presented to the company for him) a statement
that he has returned to good dues standing in the union, or has made arrangement
to do so, the delinquent employee will be laid off by the company until such time
as he has returned to good dues standing in the union or until 30 days have elapsed.
If the employee has not returned to good dues standing in the union within 30 days
after having been laid off for delinquency, the company will discharge the delin­
quent employee.
Any employee who is a member of the union on [date], and whether or not he
is in good dues standing with the union, may resign from the union within not more
than 7 days after said date, provided that said member’s dues are paid to date and
provided further that he pays to the union a resignation fee of twelve dollars ($12).
The resignation should be written in ink, dated, signed, and mailed by registered mail
before the expiration of J:he seven day period to the secretary-treasurer. A joint
statement by the union and the company explaining this resignation provision and
the meaning of maintaining “good dues standing” shall be posted on all current bul­
letin boards in the plant/at the start of the aforesaid 7-day period.
The escape period provision in the foregoing paragraph of this section shall
not apply in the case of any employee who at the time of said escape period is on
leave of absence and serving in the naval or military service or merchant marine.
Any such employee who is a member of the union in good dues standing in accord­
ance with the by-laws of the union shall be entitled to an escape period of 15 days
from the date on which said employee resumes employment after returning from
naval or military service or merchant marine and may resign from the union by
sending a written resignation to the union as prescribed in the foregoing paragraph
during the 15-day escape period* In such a case, payment to the union of a resig­
nation fee is not required.
If any dispute arises as to whether an employee is or is not a member of the
union in good dues standing, the dispute shall be considered a grievance and sub­
mitted to the adjustment procedure as hereinafter provided.

Maintenance of Membership




21

42. Escape Period for Servicemen Only
The company recognizes the right of any of its employees to become a member
of a labor organization of his own choosing, or to refrain from doing so.
It is, however, mutually agreed between the parties, that any person who is a
union member at the date on which this agreement is signed, and any employee who
subsequently joins the union, shall, as a condition of employment, remain a.member
in good standing for the duration of this contract.
Ex-servicemen returning to the employ of the company who were members of
the union at the time of leaving for the armed forces shall be subject to and gov­
erned by the above maintenance-of-membership provision, except that such exservicemen shall have the right to terminate union membership during an escape
period, which escape period shall be the first fifteen (15) days of re-employment.
As used in this clause, the phrase “member in good standing,1 shall mean any
”
member who pays, or tenders payment, of the stated initiation fees, dues and assess­
ments of the union.
43. Ten-Day Escape Period in Present Agreement and on Renewal—Union Mem­
bers Transferred Out of Bargaining Unit Not Required to Rejoin Union on
Return
All employees covered by this agreement who, 10 days after the signing of this
agreement, are members of the union, and employees who become members of the
union in the future, shall, during the term of this agreement, as a condition of con­
tinued employment in the bargaining unit covered thereby, maintain their member­
ship in the union. For all purpose of this section, membership in the union shall
be deemed to have been maintained if an employee has not failed for a period of
2 consecutive months to pay regular dues as provided in the union’s constitution
and bylaws. Twenty days after the signing of this agreement, the name of any em­
ployee then a member of the union, whose dues are delinquent for 2 months or more
shall be reported by the union to the company and if such delinquencies are not
thereupon paid by such member after notice, such member shall be deemed as not
having maintained his union membership within the meaning of this section. Before
any dismissal pursuant to this section becdmes effective, the employees involved will
be given an opportunity to pay the delinquent dues and if such dues are paid his
dismissal shall not be required hereunder.
During the first 10 days after this agreement is signed, any employee who is
a member of the union shall have the right to withdraw from the union and yet
remain in the employ of the company by mailing to the union, at its office, by reg­
istered mail with return receipt requested, a written statement of his desire to
withdraw. A like right of withdrawal shall be available to any employee during the
period of 10 days following a renewal of this agreement. Thereafter and notwith­
standing any other provisions contained herein, if any employee who is a member
of the union shall be transferred or promoted out of the unit covered by this agree­
ment for a period of ninety (90) days or more, the provisions of this section shall
become inoperative as to such employee. If such employee shall thereafter in any
manner be returned to said unit, whether by transfer, demotion or otherwise, such
employee shall, if still a member of the union, have the right for a period of 10
days after the date of his return 4o said unit to withdraw from the union in the
above-described manner and yet remain in the employ of the company, and no such
employee shall be required to rejoin the union as a condition of employment. It
is understood that in the event of the transfer of €an employee from one collective­
bargaining unit represented by the union at the date of the signing of this agreement
to another collective-bargaining unit also represented by the union at the date of
the signing of this agreement, the status of such employee as to maintenance of
membership and dues deduction shall not be changed by such transfer.

22




Union Security Provisions

Both the union and the company shall have the right at any time to notify
individual employees directly of any provisions of this section.
The union shall furnish to the company twenty (20) days after the signing
of this agreement a notarized list of those employees covered by this agreement who
are members of the union, and shall furnish to the company each month thereafter
a notarized list of any changes in said list.
If any employee named on such a list asserts that he withdrew from membership
in the union within any of the periods provided for herein, or if any dispute arises
as to whether any employee has failed for a period of 2 consecutive months to pay
regular dues as provided for herein, the question of withdrawal or dues delinquency,
as the case may be, shall be regarded as a grievance and shall be settled under the
grievance procedure provided for in this agreement. The union agrees that neither
it nor any of its officers or members will intimidate or coerce employees into mem­
bership in the union. If any dispute arises as to whether there has been intimidation
or coercion of any employee, the dispute shall be regarded as a grievance and
settled under the grievance procedure provided for in this agreement. Any employee
thus found to have been so intimidated or coerced may at any time withdraw from
the union and continue in the employ of the company.
44. Enforcement Procedure
All employees who, fifteen (15) days after the date of execution of this agree­
ment, are members of the union in good standing in accordance with the constitution
and bylaws of the union, and all employees who thereafter become members, shall,
as a condition of employment, remain members of the union in good standing for
the duration of this agreement. The union shall, promptly after the aforesaid date,
furnish the National War Labor Board with a notarized list of its members in good
standing as of that date.
The union, its officers and members shall not intimidate or coerce employees
into joining the union or continuing their membership therein.
If any question arises under Section 1 of this article, it' shall be settled in
accordance with the following procedure:
The union shall prepare a list of members who have failed to maintain their
membership in the union in good standing, as defined in its constitution and bylaws.
The union shall then have its committeemen and stewards make a preliminary
check of the list to ascertain whether the employees named thereon are still in the
employ of the company.
After such preliminary check, representatives of the union and of the company
shall check the union’s list against the company’s employment records to further
assure the accuracy of the list.
Thereafter, the union shall address a letter to all persons on such list, ad­
vising them that unless, within seven (7) days after mailing of the letter, they take
the necessary steps to place themselves in good standing in the union, they will be
reported officially to the company.
After expiration of the seven (7) day period, the union shall submit to the
company a revised list of those persons who have failed to maintain their membership
in the union in good standing, showing the last month for which dues were paid
by those persons, and the date of their last dues payment. In any case where loss
of good standing resulted from conduct other than nonpayment of dues, the union
should so indicate.
Within seven (7) days after the presentation of the revised list, the employees
on the list shall be summoned before a joint committee of representatives of manage­
ment and of the union.
If an employee, when summoned before the joint committee, makes no claim
which would constitute a basis for an arbitrable dispute under Section 1 of this

Maintenance of Membership




23

Article, and if it is found as a fact that he failed to maintain his membership in
good standing, the union may, after twenty-four (24) hours following such finding,
officially request the management in writing that the employee be suspended from
employment for a period not to exceed thirty (30) days. If, at the expiration of
the period of suspension from employment, the employee has failed to place himself
in good standing, then the union may officially request in writing that the employee
be discharged by the companj', in accordance with its obligation under Section 1 of
this Article. If, on the other hand, the employee asserts that he was not a member
of the union in good standing on the last day of the “escape period,” or that he was
coerced or intimidated during the “escape period” into joining the union or con­
tinuing his membership therein, and if the union continues to press the case of that
particular employee, then the aforesaid issue or issues may be submitted for settle­
ment by an arbitrator to be selected as provided in the grievance procedure; or
If the employee asserts that he has continued his membership in good standing
in the union since the “escape period” or that he was coerced or intimidated after
the “escape period” into joining the union, and if the union continues to press the
case of that particular employee, then the aforesaid issue or issues may be submitted
for settlement by an arbitrator to be selected as provided in the grievance procedure.
The arbitrator shall not consider any claim of coercion or intimidation unless
it appears that the claim was raised at the first reasonable opportunity after the
alleged acts of coercion or intimidation.
45. No Escape Period—Automatic Check-Off
All employees who are members of the union upon the signing of this agreement
shall retain their membership in good standing in accordance with the constitution
and bylaws of the union as a condition of continued employment with the company.
All employees who become members of the union after the signing of this agree­
ment shall be subject to the same provisions as those above.
The company agrees for said employees to deduct from the first pay of each
month, the union dues for the preceding month, and promptly remit the same to the
appropriate official of the union.
The initiation fee of the union shall be deducted by the company and remitted
to the appropriate official of the union in the same manner as dues collections.
46. New Employee Required to Become Member if he Takes Job Vacated by
Union Member
All employees who now are, or hereafter may of their own will become, members
of the union shall as a condition of continued employment maintain their membership
in the union in good standing for the duration of this agreement. No person shall
be required to become a member of the union as a condition of his entering the
employ of the company, provided, however, that if any person entering the employ
of the company takes the place of a former regular employee who was a member of
the union then such new employee shall be required to become a member of the
union and remain a member of the union.
47. Maintenance of Membership and Preferential Hiring
The company agrees that when additional help is being employed it will notify
the local union secretary so that he may send for consideration, men having qual­
ifications for the job, or jobs to be filled, provided that failure of the company to
employ such applicants shall not be made the subject of a grievance under this
contract.

All employees covered by this agreement who, fifteen (15) days after the date
of the signing of this agreement, are not delinquent in payment of dues and assess­
ments and all employees, who thereafter become union members shall, as a condition
of employment, not be delinquent in payment of dues and assessements for the

24




Union Security Provisions

duration of this agreement. The union and the company agree that immediately
following any renewal date of this agreement there shall be a period of fifteen (15)
days during which any employee, then a paid up member of the union, shall have
the opportunity to withdraw from the union.
Not delinquent in the payment of dues and assessments as used in this article
is defined as an obligation to pay regular union monthly dues and regularly unionvoted assessments affecting all members annually, and any eligible employee who is
a member of the union who pays such dues and assessments shall not be delinquent
in the payment of dues and assessments for the purpose of this article.
Dues and assessments to the union must be paid by the member, or with his
written consent and authorization, and cannot be paid for him by some other person.
During said fifteen (15) days, any member may resign from the union by letter
in writing, addressed to the union, and delivering copy thereof to the company.
No employee, as a condition of employment, shall be required to join the union.
If an employee asserts that he withdrew from union membership prior to
this agreement, or within fifteen (15) days after the signing of this agreement,
and any dispute arises as to whether the employee is or is not a member of the
union, the question as to withdrawal or whether delinquent in the payment of dues
and assessments shall be adjudicated by the arbitration procedure provided elsewhere
in this agreement.
For the purpose of this article, in the absence of a dispute with reference
thereto, the determination of whether or not an employee is not delinquent in pay­
ment of dues and assessments shall be based on an affidavit by the union secretary
to the effect that the employee is a member of the union, together with stub showing
payment of his dues receipt.
The union agrees that neither it nor any of its officers or members will intimi­
date or coerce employees into membership in the union; nor will it expel any member
in good standing; if any dispute arises in connection with the application of this
paragraph, the dispute shall be adjudicated by the arbitration procedure provided
elsewhere in this agreement.
The company and the union may post this paragraph on the bulletin board, with
suitable explanatory remarks upon the signing of this agreement.
48. Employer Encouragement of Union Membership, Combined with Maintenance
of Membership
As the union is by Federal law the sole bargaining agent for the employees
not members of the union, as well as those who are members of the union, the com­
pany will use their best endeavor to logically encourage its employees not now mem­
bers of the union to see the reasonableness of joining the union, and the company
agrees that employees who are now members of the union, or who become members
of the union must remain members of the union in good standing during the life
of this agreement, as a condition of employment.
The company has the right to determine the sources from which applicants for
employment shall be secured, and to be the exclusive judge of the qualifications of
applicants for employment.
49. Individual Card Pledge of Maintenance of Membership
Those employees who request and consent to union maintenance for the life
of this agreement, according to the conception outlined by War Labor Board deci­
sions to date, shall signify to the company that it is their desire, as hereinafter
described, and shall be required as a condition of employment to remain members
of the union in good standing for the life of this agreement.
Any employee desiring union maintenance will so signify by presenting to
the company a signed card executed within the fifteen (15) day period immediately

Maintenance of Membership




25

following the first effective day of this contract, or, if he later becomes a member
of the union, on any subsequent date—
1. That he is a member of the union.
2. That he requests that it shall be made a condition of his employment that
he remain a member of the union in good standing for the life of this
agreement.
3. Signature of the employee and date.
50. Individual Card Pledge Also Covers Deductions of Initiation Fee, Dues, Fines,
and Assessments
Each member of the union, present or future who signs a card as hereinafter
provided shall maintain his union membership during the life of this agreement.
Membership in the union shall be evidenced by a card signed by the member agreeing
to maintain his membership during the life of this agreement and authorizing the
company to pay his initiation fee, if any, union dues, fines and assessments, to---- ..,
and deduct them from his pay. The secretary of the union shall certify to the com­
pany in writing the amount of any fine or assessment levied against any employee,
and any change in the monthly dues of members or 'the initiation fee of new mem­
bers. If a member is expelled from the union for cause, the union may file a com­
plaint with the company setting forth the reason for his expulsion and demanding
his discharge.
51. Individual Authorisation of Loss of all Seniority Rights upon Failure to Maintain Membership
The company agrees to recognize the following form for maintaining an em­
ployee’s membership in the Union:
Date.......................................................
..................................................... Company
I hereby wish to advise you that I will maintain my membership
in ....................................................... Union.
I understand that this means that I will be laid off not in good
standing, that I will lose all seniority rights, should I fail to maintain my member­
ship during the term of this contract. I take full responsibility for this action, and
will not hold any ill feeling toward the company for terminating my employment
under this condition
W itness (Company Representative)

Employee

Workmen’s Committee

52. Union Member may Drop Membership Without Penalty, for Valid Reason as
Decided by Management and Shop Committee
All employees who are members of the union at the signing of this agreement
or become members during the course of the agreement shall remain members in
good standing while in the employ of the company. Any member who feels that he
has a justifiable reason for disaffiliating himself from the union shall have his case
reviewed before the management and the shop committee. In the event the reason
is found valid, said person shall be exempt from the provisions of this article.
53. Conscientious Resignations Submitted to Arbitration
All employees who on January 5, 1945, were members of the union in good
standing, in accordance with its constitution and bylaws, and all employees who

26




Union Security Provisions

became members after that date, shall as a condition of employment maintain their
membership in the union in good standing for the duration of this agreement.
Any employee who was a union member in good standing on [date] and/or any
employee who thereafter became a union member and who has conscientious ob­
jections to remaining a union member shall, within seven (7) days from the date
hereof, notify both the union and the impartial chairman in writing by registered
mail with return receipt requested, that said employee desires to be released from
this section of the agreement. The employee’s case in question may then be reviewed
by a board of review composed of the following:
(1) The director of industrial relations as appointed by the company.
(2) The national president of the [union], as designated by the [local] union.
(3) An impartial chairman who shall be...............................................
A majority decision by the board of review affirming or denying the employee’s
request for release will determine whether or not said employee will be exempt
from the provision of this article.
The union, its officers and members shall not intimidate or coerce employees
into joining the union or continuing their membership herein.
The company recognizes the right of its employees to become or remain union
members.

Preferential Hiring and Employer Encouragement
of Union Membership
Under a preferential-shop agreement, union members are given
preference in the filling of vacancies, but the employer is free to hire
whomever he may choose if the union is not able to supply the workers
needed. Employees not supplied by the union are not required to join
it. Some protection for the union’s membership is provided, however,
if the agreement also stipulates that in (lay-offs union members are to
be retained until all nonunion employees are first laid off. In general,
therefore, the effect of preferential-hiring provisions is to encourage con­
tinued union membership. In some cases, as in the maritime and long­
shore industries where employment is highly casual, and where there
exists the necessity for periodic job assignments through the rotary
hiring hall, preferential hiring may become tantamount to a closed shop.
Such provisions (standing alone) covered only 3 percent of all
workers employed under the terms of union agreements in 1946.
Employer encouragement of union membership.—Though employers
are restricted by statute from influencing an employee’s choice of a union,
some agreements provide for certain forms of encouragement of union
membership by the employer, once the bargaining agency has been law­
fully determined. Although such encouragement does not contain the
element of union preference in hiring or working conditions, union mem­
bership is sanctioned by implication. The union considers an expression
of encouragement by the employer to be helpful, especially when the
latter in the past has been considered by the employees to be anti-union.
In practice, some of the employer encouragement clauses may actually
be equivalent to a union shop.

Preferential Hiring




27

PREFERENTIAL HIRING

54. Jointly Operated Hiring Halls
The hiring of all longshoremen shall be through halls maintained and operated
jointly by the................. union, and the respective employers* associations. The hiring
and dispatching of all longshoremen shall be done through one central hiring hall
in each of the ports of............... with such branch halls as the labor relations com­
mittee, provided for in Section 9, shall decide. All expenses of the hiring halls
shall be borne one-half by the................. union and one-half by the employers. Each
longshoreman registered at any hiring hall who is not a member of the.....................
union shall pay to the labor relations committee toward the support of the hall a
sum equal to the pro rata share of the expense of the support of the ball paid by
each member of the,.............................union.
The personnel for each hiring hall shall be determined and appointed by the
labor relations committee for the port, except that the dispatcher shall be selected
by the...........................union.
Preference of employment shall be given to members of the............. union when­
ever available. This section shall not deprive the employers* members of the labor
relations committee of the right to object to unsatisfactory men (giving reasons
therefor) in making additions to the registration list, and shall not interfere with
the making of appropriate dispatching rules.
55. Preference in Employment to Union Members
Members of the party of the second part shall have all of the work pertaining
to the rigging up of ships and the coaling of same, and the discharging and loading
of all cargoes including mail, ships* stores and baggage. When the party of the
second part cannot furnish a sufficient number of men to perform the work in a
satisfactory manner, then the party of the first part may employ such other men
as are available.
56. I f Union Fails to Furnish Qualified Special Ratings, Employer May Hire Non­
union Seamen Who Must Become Union Members on Second Voyage
The employers agree to give preference in employment to members of the union,
and to secure their unlicensed engine-room personnel through the offices of the union.
The union agrees to furnish capable, competent and satisfactory employees.
The union recognizes that for the proper functioning of the modern, complex
vessel, certain men of special training and qualifications including electricians, ice­
men, plumbers, are required at times, and to assist the employers in securing such
men and to facilitate shipment, the union agrees that the employers may send a
representative to the union office or hall to assist in selecting such men from among
those available and eligible. The union also agrees that if men of such special train­
ing and qualifications are not available among union members, the employer shall
have the right to select and secure men from other sources, and the union shall
cooperate in this respect. The employers, on their part, agree not to interfere in'
any manner with proper efforts of the union to persuade men so secured to become
members of the union. It is understood that if men so secured do not join the union,
the employer is obligated to employ a union member for the job at any time new
articles are being opened, provided a satisfactory union member is then available.
The union agrees that the employers shall have the right, in their discretion,
to reject men furnished who are considered unsuitable and unsatisfactory. In case
any person is rejected, the union agrees to furnish a prompt replacement. When
any person is rejected, the employer shall furnish a statement in writing to the
union stating the reason for the rejection. If the union feels any rejection has been
unjust and has worked a hardship on the person, the union shall without delay take
the matter up with that particular employer and attempt to secure an adjustment.

28




Union Security Provisions

57. Preferential Hiring and Employer Encouragement of Union Membership
Members of the [union] shall be given preference when vacancies occur in
the trade.
Manufacturers agree to support the efforts of the [union] to enroll nonmembers
working in each shop.
58. Union Members Preferred in Hiring and Lay-Off, Provided They Have Abil­
ity to Perform Work
In hiring new persons the management agrees to give preference to the person
who is a member of............. , provided said person or persons have the ability to do
the work to be performed at the normal speed, quality and cost. All new employees
shall be on probation for thirty (30) days.. When it becomes necessary for the
company to reduce the force in a department, employees who are not affiliated with
the union, or whose membership has for any reason lapsed, shall be laid off before
there are any other lay-offs, provided, however, that the union man retained can
do the work at approximately the same cost and quality. Where there is no choice
in relation to work performed or union membership, strict seniority will prevail.
59. Union Members Preferred in Lay-Off and Rehiring
In the event of lay-offs or reemployment in the classifications covered by this
agreement, preference shall be given to members of Lodge...............New employees
shall be eligible for membership after a four (4) weeks’ trial period. Where all
other considerations are equal, preference will be given to members of Lodge...........
EMPLOYER ENCOURAGEMEiNT OF UNION MEMBERSHIP

60. Employer Encouragement of Union Membership, in Return for Union Assurance
of Efficient Operations
Since the union represents all production, and maintenance employees of the
company as their bargaining agent in all matters concerning hours, wages, and
working conditions for the period of one year from the date of this contract, the
company prefers that all of its production and maintenance employees now employed,
and those hereafter employed, join the union, for the term of this contract, to the
end that the union will be able to carry out its assurance to the company that it
will promote efficiency of operations, discourage absenteeism, and cooperate with
the management in maintaining cordial relations between the management and its
working force.
61. Employer Furnishes Desk Space and Equipment to Union— Union May Inter­
view New Employees
The matter of representation for the purpose of collective bargaining with this
corporation was established by a check of authorization cards checked with the pay
roll of the corporation agreed upon and held under the supervision of the corporation
and of the [union], resulting in a large majority selecting the [union], as a repre­
sentative of the employees.
For the purpose of creating more harmonious relations between the corporation
and the [union], the corporation agrees to furnish to the union suitable desk space
and equipment in the personnel department for the purpose of serving their member­
ship and handling the affairs of the union. The corporation specifically grants the
union the right to interview all new employees who are included in the standard
union classifications. The union agrees to interfere as little as possible with the
operation of the personnel department and to assist to the best of its ability in the
hiring of new employees. The union further specifically agrees to require its rep­
resentative stationed in the personnel department to inform each new employee
who is interviewed, at some time during the interview, that the matter of union
membership is optional.

Preferential Hiring




29

62. Employer Supplies Agreement and Application Blank to New Employees
The employer agrees that persons hired during the term of this agreement or
any extension thereof, will, at the time of their hiring, be given a printed copy of
this contract and of all supplements thereto, and an application blank for member­
ship to the union. (A copy of said application blank is hereto attached and marked
Exhibit “A”.) Attached to the printed copy of the agreement shall be a notice
reading as follows:
Herewith find a copy of agreement between the company and the union, and an
application blank for membership in the union. Whether you join the union or not
rests entirely with you, but membership in the union is perfectly consistent with
the company’s policy.
The employer may also in its'' discretion hand out at the same time a copy of
[company] policies and of its rules and regulations.
Exhibit “A ”
I, the undersigned, an employee of t h e ............... company, do hereby authorize
the ............... union, to represent me as the sole and exclusive collective-bargaining
agency in all negotiations with my employer concerning wages, hours, general
working conditions and grievances arising out of my employment.
I further agree to abide by the contract executed between the ............... union
and my employer, th e ............... company.
I further authorize my employer to deduct from my wages and turn over to the
financial secretary of L ocal............... , ................union, the amount per month owing
by me to the union for dues.
This authorization shall be in force from the date of signing and continue
thereafter.
I further agree that L ocal................... , ......................union shall be notified in
writing sixty (60) days in advance of any cancellation of this authorization.
In witness whereof, I have hereunto set my hand and seal this day o f ..............
...................................... ,194 ............
Signed.................................................................... Clock No................. Dept. No...........
Address.................................................................... City..................... ..................................
Stew ard.....................................................................................................................................
63. Employer to Notify Employees of Contract
The company adopts the policy of encouraging union membership for all its
employees, both new and old, and will cooperate with the union in advising its
employees that a contract exists between the company and the union, so that all
employees (except those excepted) may be properly informed and thereby afforded
a suitable opportunity to join the union within a reasonable time, and to remain
therein in good standing during the life of this agreement. The company recognizes
the right of the union to know of the employees newly employed or recalled to work.
64. Joint Conferences With Dues Delinquents
The employer will urge all employees covered by this agreement to become
members of the unions and maintain their membership throughout the life of said
agreement. The employer will refer all new employees to the proper union business
representative. The union agrees that neither it nor any of its officers or members
will intimidate or coerce employees into membership in the union.
In order to carry out the intent of the above policy, the employer will instruct
its employment office and supervisory personnel to advise all applicants selected for
employment that the interests of the employees and the employer are best served
by their becoming members of the union.

30




Union Security Provisions

It is further agreed that the unions will furnish the employer, from time to time,
with a list of employee members who are delinquent in their dues as long as 60
days; and that the employer will call in the delinquent employees (when requested
by the union) and with a representative of the union present should the union
so desire, and advise them that, as they have accepted the benefits of the unions, it
is their obligation to pay their dues promptly as they would any other just debts.
65. Company to Use Best Efforts to Maintain Union Membership—Disputes Re­
ferred to U. S. Conciliation Service
The company agrees to use its best efforts to maintain the present membership
of Local Union No................., during the term of this agreement, and both the
company and the union agree to resort to the Division of Conciliation of the United
States Department of Labor in the settlement of any dispute arising as a result of
this undertaking.

Union Recognition as Sole or Exclusive Bargaining Agency
In closed- or union-shop agreements the union signing the agreement
is automatically recognized as the sole bargaining agency for all of the
employees or group of employees (craft) covered by the agreement. A
“modified” closed-shop or preferential-shop agreement has the same
practical effect. Frequently, however, a union obtains only sole or exclu­
sive bargaining rights without a closed or preferential shop. Under such
agreement the employer is prevented from dealing with any rival union
or group of employees during the life of the agreement, and the agree­
ment provisions cover the nonunion as well as the union employees.
Under the National Labor Relations Act, the Railway Labor Act,
and several State labor relations acts, an employer is required to grant
sole bargaining rights to the union representing the majority of his
employees in an appropriate bargaining unit. Although the National or
State labor boards are frequently asked to make determinations on which
union has a majority, the union and the employer may agree on exclusive
recognition or a closed shop without the question’s being referred to a
Government agency for determination. This was the customary practice
prior to the creation of special agencies to determine majority status.
It still holds true in intrastate situations for which no election machinery
exists.
Bargaining for members only.—Unions may also be recognized as
the bargaining agency for their members only. This type of provision
does not eliminate the possibility of competition, within a plant, between
rival unions or between a labor union and an inside employee-association
plan. Such limited recognition could exist in a situation in which a minor­
ity of employees belong to the union, or in an intrastate industry, where
there is no State labor relations law, or in a case in which, although the
union has a majority, it has not yet exercised its rights under the National
Labor Relations Act (or a similar State labor relations statute) to secure
exclusive bargaining rights.

Union Recognition




31

SOLE BARGAINING

66. Union Spokesman for Production and Maintenance Employees
The company recognizes Union No. ............. as the exclusive bargaining
agency for all production and maintenance employees of the company, exclusive
of executive, administrative, office, clerical employees * * * and all supervisory
employees with the authority to hire, discharge, discipline or effectively recommend
changes in the status of employees as to factory wage rates, hours and working
conditions.
67. Sole Bargaining—Multiplant Agreement
The National Labor Relations Board by decisions and certifications of repre­
sentatives having found that all the production and maintenance employees of the
corporation at the . ........ plants, excluding foremen, assistant foremen, time­
keepers, plant-protection employees, office employees, confidential salaried employees,
and salaried engineers, and in addition, excluding at the .............. plant only, the
employees of Department No................. of that plant who are die sinkers or are
employed in the manufacture or maintenance of dies used to complete forgings,
constitute a unit appropriate for the purpose of collective bargaining within the
meaning of Section 9 (b) of the National Labor Relations Act, and having certified
that the International Union has been designated and selected by a majority of all
the employees of the corporation constituting said unit as their representative for
the purposes of collective bargaining; and that pursuant to the provisions of Section
9 (a) of the National Labor Relations Act, the International Union is the exclusive
representative of all the employees constituting said unit for the purpose of collective
bargaining in respect to the rates of pay, wages, hours of employment, and other
conditions of employment, the corporation, pursuant to the requirement of the
National Labor Relations Act, recognizes the International Union as exclusive
representative of the employees constituting such bargaining unit in accordance
with said decisions and certifications for the term of this agreement.
68. Sole Bargaining and Voluntary Irrevocable Check-Off
The company will bargain with its employees through the [union], designated
in the certification of the National Labor Relations Board o f ................. as the sole
bargaining agent for its said employees as designated in the above certification.
It is agreed that when the company hires an employee not a member of a
union it will not in any way interfere with the rights of such employee to* join a
union. The company will not discriminate against any employee or refuse employ­
ment to any applicant therefor because of union membership or activities or be­
cause of race, creed, color or national origin. Nothing in this agreement shall be
construed to mean that membership in a union is a requirement of employment.
The company agrees that it will recognize the assignment of wages made by
an employee for amounts he is required to pay by reason of his membership in the
[union]. The amounts withheld by the company by reason of the assignment shall
be paid by the company as the employee shall direct in such assignment. The assign­
ment shall be in such form as shall be agreed upon by the parties hereto and shall be
irrevocable without the written consent of the [union] during the life of this agree­
ment.
69. Company Will Not Recognize Any Other Organization
The company will not recognize or otherwise aid, promote or finance any com­
peting labor organization, employee-representation plan, or any other group which
will hinder or interfere with collective bargaining between the company and the
union or make any agreement with such organization for the purpose of under­
mining the union. Neither the union nor its members will intimidate or coerce em­
ployees into joining the union.

32




Union Security Provisions

BARGAINING FOR MEMBERS ONLY

70. Union is Bargaining Agent for Foremen Members Only
The company recognizes the association for the duration of this agreement as
bargaining agent for all foremen, as defined and limited below, who are members
of the association and employed by the company in the ............. plants of the
company.
71. Members’ Dues Checked Off Upon Individual Authorization
The employer recognizes the ............. Union as the collective-bargaining
agency for its production and maintenance employees who are members of the
union, at the employer's............. works and mine.
It is the desire of the company and the union to maintain and continue har­
monious labor relations. In order that this policy may be effective the management
agrees to check off current union dues and initiation fees when authorized upon
written authorization by each member of the union. The dues will be deducted
on the first pay day each month and the initiation fee will be deducted in two
payments. Company also agrees to deduct any fines the union may assess its mem­
bers according to the by-laws of the union. All amounts to be deducted must be
specified in writing by the financial secretary of the union.

Admission to Union Membership

Although union-membership requirements are the concern of the
union exclusively, as prescribed in its constitution and by-laws, agree­
ments containing union-security provisions sometimes carry a clause,
the intent of which is to prevent unreasonable rules on admission to
union membership. Under a closed-shop or modified closed-shop agree­
ment with the workers being furnished by the union, a refusal on the
part of the latter to open its membership to new applicants would ser­
iously restrict the employers’ choice of employees. Also, in those in­
stances in which old employees are required to join the union, arbitrary
membership requirements might result in their displacement. The pur­
pose of provisions pertaining to admission to union membership is to
assure the employer that the workers he may hire outside the union are
not prevented from continuing on the job by arbitrary restriction in ad­
mitting them to union membership.
The large majority of existing unions have open membership; that
is, their initiation fees are moderate and they have no rules designed to
restrict the number of persons to be admitted. Though most unions are
willing to accept as members all employees hired by the employer, there
may be qualifications, such as refusal to accept persons with established
anti-union records.
ADMISSION TO UNION MEMBERSHIP

72. Employees Admitted to Membership in Accordance with Union Constitution
The guild agrees that it will admit to membership and retain in membership
any employee qualified according to the constitution of the .............. Union.
73. No Unreasonable Withholding of Membership
* * * the company agrees not unreasonably to reject union.applicants; like­
wise, the union agrees not unreasonably to withhold or withdraw union membership
from employees.

Admission to Union Membership




33

74. Previous Employment No Bar to Union Membership
The union agrees that it shall accept into membership all employees who, be­
cause of their occupational classification, are eligible for membership into the union
and that it shall not discriminate in this regard against any employee otherwise for
membership because of sex, race, creed, color, national origin or previous employ­
ment.
75, Refusal of Membership for “Good Cause”—Union Shop
The company reserves complete freedom in hiring employees, but agrees that
employees, including present employees coming within the classification and wage
schedule appended hereto, if not already members of the union, shall make appli­
cation to the union within ten (10) days after the effective date of this agreement
or from the date they as new employees are hired, and further agrees that, in the
case of the said employees, membership in the union shall be a condition of continued
employment and the union agrees that employees making application for membership
in the union shall not be refused membership except for good cause, nor shall employeees now members of the union be deprived of their membership except for
good cause.
'“ Union Will Not Unreasonably Withhold Work Cards—Closed Shop
76.
Employer agrees to employ and retain only members of the union in good
standing. If union is unable to provide suitable workers, employer may hire from
the outside provided the new employees apply to the union for work-permit cards
before going to work and that they join the union within 2 weeks after they start.
The union agrees it will not unreasonably withhold union cards and work-permit
cards.
77. Union Membership of Employee Returning to Job Within Union’s Jurisdiction
Renewed
Any employee of the company who at any time while this agreement is in effect
has been performing a class of work which is subject to the union membership
requirement of this agreement, but who is subsequently transferred or promoted to
a class of work which is not subject to the union membership requirement of this
agreement shall have the privilege of withdrawing from union membership, and the
union agrees that such withdrawal shall not prevent any such employee from re­
newing union membership in the event that thereafter the employee is assigned to
a class of work in which union membership is required hereunder as a condition
of employment.
78. New Employees Admitted to Membership on Basis of Rules in Effect at Time
of Application
The union shall admit to membership all present employees who are not now
members of the union and who are required to become members, on the same terms
and conditions governing the admission of employees who are now members. The
union shall admit future employees of the employer to membership on terms and
conditions prevailing at the time application for such admission is made.
79. Union May Exclude Former Members
The union will accept into membership all employees covered by this agreement,
provided that a person now employed or who may hereafter be employed who is
not now a member of the union but who has lost his membership by reason of
resignation or expulsion, may be excluded from the union, in its discretion, in which
event such excluded person shall not be retained in the employ of' the company.
80. Rejection of Membership Application Subject to Arbitration
The union agrees to accept into membership any employees within said unit
without in any way discriminating against such employees and that it will not make

34




Union Security Provisions

any condition to join the union against any new applicant for membership which
will be more burdensome than the conditions applicable to all present members in
the union. If any application for membership is rejected by the union, the employee
concerned shall not, because of such rejection, lose his rights or status as an em­
ployee until otherwise determined through the arbitration procedure provided in
this agreement. The union agrees that it will not discriminate against employees
who join the union under the provisions hereof and will not arbitrarily or capri­
ciously suspend or expel any member of the union.
81, Differences of Opinion as to Admission to Union Subject to Grievance Procedure
The union shall accept as members, without discrimination, upon their appli­
cation, any new employee who has served his or her probationary period of sixty
(60) days, and it shall not refuse membership to such employee except in the exist­
ence of some good and sufficient objection to the employee. If there is a difference
of opinion between the company and the union in reference to such employee it
becomes a grievance, and shall be settled accordingly.

Penalty for Loss of Union Membership
Failure to maintain union membership in good standing, whether
as the result of financial delinquency or noncompliance with union rules
and regulations, constitutes a threat to the security of the union and a
potential impairment of its bargaining strength. This largely explains
why the union strives to retain and exercise its authority under the
closed shop, union shop, and maintenance of membership to penalize
members who fail to maintain their union membership. In exceptional
agreements, the penalty prescribed may be suspension from membership
or loss of seniority, particularly if the infraction was one other than
failure to pay dues.
A number of agreements provide for a period of time during which
the delinquent union member is given an opportunity to discuss the matter
with the company and the union and to reinstate himself financially.
Some agreements, such as those containing War Labor Board mainte­
nance-of-membership clauses rely upon an arbitration procedure which
is to be followed in disputes as to membership standing. The arbitrator’s
authority in cases involving expulsion from the union is confined to the
scope of the question submitted—normally whether the procedural safe­
guards of the union constitution and by-laws (charges, hearing, appeal)
have been followed. The reasons for admission to and expulsion from
union membership are the concern of the union and its membership and,
in most cases, are not submitted to review by the arbitrator.
PENALTY FOR LOSS OF UNION MEMBERSHIP

82. Discharge at Request of Union
A n y ................. member who does not maintain his or her membership in good
standing with the union will be subject to discharge upon request of the union.

Loss of Union Membership




35

83. Limited Number of Employees May be Discharged During Any One Month
The union may from time to time submit to the company the names of any
employees who have joined the union but are no longer members in good standing,
together with a statement to that effect, and all employees whose names are so
submitted shall be subject to immediate discharge and shall not be retained by the
company in its employ for more than fifteen (15) days thereafter. If an employee
who has been discharged in accordance with the provisions of this section is re­
instated to good standing in the union at any time during the life of this agreement,
the company may re-employ him, but shall be under no obligation to do so.
The company shall not be required to discharge in any one calendar month
more than fifteen (15) employees in the plant as a whole nor more than 10 percent
of the employees engaged in an operation in a department.
In the event that the application of the provisions of this section would result
in impairment of the efficient operation of the plant, the company and the union
will meet for the purpose of working out a solution of the difficulty which shall be
mutually satisfactory.
If, in any case, an employee is no longer a member in good standing as a
result of action taken by the union other than because of the nonpayment of dues,
the union shall also submit to the company a certified copy of the vote as the result
of which the connection of such employee with the union has been terminated.
84. Worker Who Loses Good Standing in Umon Subject to Dismissal Within 7 Days
Th*e employer shall employ exclusively workers who are members in good
standing of the union. A worker who loses his good standing shall be subject to
dismissal within 7 days after notification in writing, to the employer by the union.
85. Nonpayment of Dues Only Cause for Discharge
If any present or future employee shall apply for union membership and shall
be refused such membership by the union, his continuance thereafter in the employ
of the company shall not be cause for discharge under this agreement, nor subject
the company to any claim by the union of a breach of this agreement by the com­
pany; and the same in the case of any union member deprived by the union of his
membership for any cause other than nonpayment of union dues as above provided.
86. Good-Standing Membership Defined as Payment of Union Financial Obligations
All employees who are members of the union in good standing in accordance
with the constitution and bylaws of the union in effect at the effective date of this
agreement, and all employees who thereafter become members, shall as a condition
of employment, maintain their membership in the union in good standing for the
duration of the agreement by payment of dues at the intervals and in the amounts
specified in said constitution and bylaws as well as by payment of any fines or
assessments properly imposed in accordance with said constitution and bylaws. For
the purpose of this agreement the only condition of membership in good standing
shall be the timely payment of dues, fines, and assessments as described and provided
for in said constitution and bylaws.
87. Delinquent Given 60 Days to Pay Dues—Conferences to Induce Payment—
Limitation on Discharges
If a member of the union fails to maintain his good standing in the union
by failing to pay dues (hereinafter accruing) for three (3) consecutive months
after the date of this contract, a notice in writing will be given by the union to such
employee calling attention to the said delinquency and giving the said delinquent
member thirty (30) days within which to pay the said dues in arrears. A copy of
the said notice shall be given to the employer. The employer shall have the right
to call the said employee to a conference with a representative of the employer and

36




Union Security Provisions

a representative of the union; and if the employer calls for such a conference the
employer will endeavor to induce the employee to pay the arrearage and reinstate
himself as a member in good standing in the union. In the event that the said em­
ployee fails to pay the arrearage in dues within sixty (60) days from the giving of
the notice he shall be subject to discharge.
It is agreed, however, that the employer shall not be required to discharge
more than three (3) employees at any time, and that in no event shall the employer
be required to discharge more than three (3) employees in any thirty (30) day
span. The number of the said discharges of employees shall not be cumulative.
That is, if no employee has been discharged for failure to maintain membership in
the union within any thirty (30) day period, the union shall not have the right
to request the discharge of more than three (3) employees in any subsequent thirty
(30) day period.
88. Key Employees Not Subject to Discharge
The company shall not be required to discharge key employees, with special
ability and experience, who have failed to become or remain members of the union
in good standing............. where their discharge would affect production in the plant.
If any dispute arises as to whether an employee..........is an employee whom the
company is not required to discharge under the [preceding] paragraph, ..........such
dispute shall be subject to review under the grievance procedure set forth in this
agreement.
89. Request for Discharge of Indispensable Worker Under Maintenance of Member­
ship Subject to Arbitration
It is further agreed by the parties, if the union demands the discharge for any
reason, of an employee whom the company considers indispensable, the matter shall
be referred to the arbitration board provided for in ................. . for decision as to
whether such employee is indispensable, which shall be final and binding upon the
parties, and in the event of a finding that such employee is indispensable, he may be
retained by the company.
90. Suspension or Expulsion from Union Except for Nonpayment of Dues Subject
to Grievance-Arbitration Procedure
The company agrees that all present and new employees eligible to membership
in the signatory union shall, as a condition of continued employment, join the union
within thirty (30) days either from the date of the signing of this agreement or
of their employment, and maintain their membership in good standing in accordance
with the provisions of the union’s constitution. However it is understood that
should any employee member of the union be suspended or expelled from the union
membership for any reason except nonpayment of monthly dues, and the union re­
quires the company to discharge or suspend said employee and the company refuses
to suspend or discharge said employee, the dispute shall be settled in accordance with
the grievance and arbitration procedure set forth herein.
91. Employees Who Lose Good-Standing Membership Are Subject to Dismissal—
May Be Appealed to International Union
It is a continuing condition of employment with the company that employees
covered by this agreement, both present and new employees after passing a thirty
(30) day probationary period, shall be and remain members of the union in good
standing. Persons losing their membership in the union shall not be retained in
the employ of the company, provided that an employee who may be expelled from
the [local union] shall be retained in the employ of the company pending any appeal
from such expulsion, in accordance with the rules of the [international union].
If such expulsion is sustained by the [international union] then in that event such
employee shall no longer be retained in the employ of the company.

Loss of Union Membership




37

The union will accept into membership all employees covered by this agreement,
provided that a person who may hereafter be employed and who has been a member
and lost his membership by reason of resignation or expulsion may be excluded
from the union in its discretion, in which event such excluded person shall not be
employed by the company.
92. Individuals Expelled or Rejected by Union Not Discharged Until Authorised
by Board of Arbitrators
Any employee of the company who is required hereunder to be a member of
the union as a condition of employment, whose application for membership is
rejected by the union, or who is expelled from membership by the union, shall
not thereby be deprived of employment by the company until such action of the
union has been reviewed and found to be justifiable by a majority of three arbi­
ters; one arbiter to be chosen by the union, one by the rejected applicant or ex­
pelled member, the third arbiter to be designated by the two arbiters appointed as
aforesaid or by any justice of the Massachusetts Superior Court if the two arbi­
ters fail to agree upon the selection of a third arbiter.
93. Loss of Good Standing for Reasotts Other Than Dues Delinquency Subject
to Review by Joint Committee
In the event a union member, after the withdrawal period, fails to maintain his
union membership in good standing in accordance with the constitution and by­
laws of the union, for reasons other than nonpayment of dues, the union will notify
the company in writing giving the reasons and history of the case. A committee
of two representatives of the company and two representatives of the union will
meet and consider the case and the company will, if all agree that the circum­
stances warrant, either:
1. Discharge the man or
2. Call in the man and remind him of his obligation to maintain his member­
ship in good standing and allow him 30 days in which to restore his membership
in the union to good standing, otherwise he will be discharged when and if the
union notifies the company in writing at the end of 30 days after the man has been
reminded, that the man hasn’t restored his membership to good standing.
If the union and company representatives cannot agree on whether or not
discipline is warranted or the degree of discipline warranted, then the matter may
be referred to and decided by the grievance procedure.
94. Union Agrees to Indemnify Company Against Legal Claim Resulting from
Discharge
All employees in the bargaining unit who are members of the union on [date]
and all employees who thereafter may voluntarily join the union, shall, as a con­
dition of continued employment, be required to maintain their membership in good
standing in the union in accordance with its constitution and bylaws for the dura­
tion of the present term of this agreement. The company agrees to discharge from
its employ any such employee who fails to maintain such membership in good
standing with the union.
The union hereby agrees to idemnify the company against any award, judg­
ment, loss or expenses arising out of any legal claim made against the company by
any employee because of his discharge by the company at the request of the union
pursuant to the provisions of this article.
95. Suspension Until Dues Payments Met
Members who are still in arrears in the payment of dues, after having been
duly notified that they are not in good standing with the union, shall be suspended

38




Union Security Provisions

until all such arrearages are paid. The union shall not request the suspension of any
employee without first giving the company 48 hours’ advance notice and a fair
opportunity to assist the delinquent employee to regain his good standing.
96. Lay-Off for Dues Delinquency
Employees who are now, or who may later .become members of the union must
remain members of the union, and keep in good standing during the life of this
agreement. Members who are still in arrears in the payment of dues, after having
been duly notified that they are not in good standing with union, shall be laid off
until all arrearages are paid.
97. Loss of Seniority
All employees covered by this agreement must maintain their membership in
the union or they will be automatically placed at the bottom of plant seniority list.
98. Resignation from Union Permitted Without Loss of Employment, Provided
12 Months? Dues Paid in Advance
The company agrees that any employee who is now a member of the union rec­
ognized as the sole collective-bargaining agency, or who after this date becomes
a member, or is reinstated as a member of the union shall, as a condition of con­
tinued employment, maintain membership in good standing. Each new employee shall
be required to join the union when he completes a 52-day period, during which he
is considered temporary, and, as a condition of continued employment, shall main­
tain membership in good standing; provided that any employee who resigns from
the union, after 30 days’ notice in writing to the union secretary, may continue to
work at the plant if he pays an amount equal to the union dues for the next 12month period following his resignation. The company shall not be compelled to
discharge any employee who has been expelled from the union due to non-payment
of any fine levied against him by either the local or the international union. By a
directive order of the Third Regional War Labor Board dated ................. and con­
firmed by a directive order of the National War Labor Board d ated............... the
following sentence must be added to the contract: “The Company shall deduct
from the wages and turn over to the proper union officials the monthly union dues
of all employees who are now members of the union and the initiation fees and
monthly union dues of all employees who hereafter become members of the union.”
99. Resignation from Union Without Loss of Employment
Employees, who are now members or who may become members of the union,
shall remain members for the term of this agreement with the privilege of resigning
on sixty (60) days’ notice in writing to the union without loss of employment or
other privileges. Any question arising concerning the resignation of a member of
the union may be discussed between the union and the company.
Employees, who are newly engaged, shall join the union after having been in
the service of the company for sixty (60) days, and, upon so joining, have all the
rights and privileges of other union members, including the right of resigning on
sixty (60) days’ notice as provided i n ..........of this agreement. Such newly engaged
employees may, at their option, join the union before they have been in the service
of the company for sixty (60) days, but, as provided i n ............. of this agreement,
seniority rights shall not be acquired until after completion of such period. The
union agrees to accept such employees as members without any discrimination
against them and upon the same terms as other members.
Present employees, who were on the pay roll on or before............... and were
not members of the union as of that date, and present employees, who have since
resigned............. . shall not be required to join the union unless they desire to do so.

Loss of Union Membership




39

Collection of Dues and Assessments

Check-off.—The check-off is not necessarily connected with any one
type or characteristic of union security. It may be agreed upon in con­
nection with the closed shop, union shop, or a maintenance-of-member­
ship clause, or it may be provided in agreements granting sole bargaining
rights only. Over 90 percent of the workers under agreement in the alum­
inum, cotton-textile, hosiery, metal-mining, basic steel, and carpet
industries were covered by check-off provisions in 1946.
The check-off is preferred by some unions as a method of dues
collection, particularly in plants with a large number of employees. It
saves the union a substantial amount of time and effort otherwise spent
in seeing to it that members remain in good standing. Moreover, the
check-off assures continued financial payments to the union on the part
of those employees who might otherwise fail to carry out their obligations,
and thereby removes the'necessity for requesting the discharge of delin­
quents. On the other hand, some unions prefer to collect dues through
a mechanism of their own, chiefly the shop steward, in order to keep
in close touch with the membership.
Employers who favor the check-off do so because they regard it
as a means of avoiding confusion and loss of working time when a shop
steward collects dues from each individual member in or about the plant.
Employer objections to the check-off are generally based on the following
reasons: (1) It is the duty and responsibility of the union to collect its
dues, and not that of the company; (2) it involves extra costs, arising
from the additional burden of bookkeeping to the company; (3) it is
prohibited by the laws of the State in which the company does business;
(4) union officials are made independent of their members in the conduct
of the union’s affairs.
Administration of the check-off operation may be facilitated by in­
dicating in the agreements the specific amounts to be deducted for dues,
and in some cases for initiation fees, and when the deductions are to be
made and submitted to the union. The monthly check-off is the most
common. Reference may also be made to the check-off of fines and
assessments in accordance with the union constitution and bylaws. In
cases of an automatic check-off, the agreements frequently provide that
the employer be furnished a certified list of union members on a current
basis—a provision which is unnecessary in the case of a closed or union
shop. Some agreements provide for check-off of dues and assessments
of delinquent union members only.
In voluntary check-offs, the employees who desire to have their
union dues checked off are required to sign a formal card especially de­
signed for this purpose or indicate the same in written instructions to
the employer, or agree to a special assignment of a portion of their wages
sufficient to cover their financial obligations to the union. Such authori­
40




Union Security Provisions

zation may be binding for the duration of the agreement, or it may be
so phrased as to be revocable at any time upon written notice to the
employer. The union may agree, under either automatic or voluntary
check-off, to indemnify the employer against all claims arising from
actions taken under this clause.
Maintenance of union dues.—The maintenance-of-membership pro­
visions of the union agreements of a number of manufacturing companies
have been replaced upon renegotiation, by an arrangement which provides
for maintenance of union dues as a condition of employment, through
the automatic check-off. The individual employee is given the oppor­
tunity of resigning from the union during an escape period and thereby
avoiding application of the check-off of union dues. If an employee
chooses to continue membership in .the union or joins the union at a
later date, membership in good standing does not become a condition of
employment, but payment of financial obligations to the union does
become such a condition; therefore, whether or not an employee remains
a member of the union, dues continue to be checked-off for the life of
the agreement. In effect, this type of union-security provision departs
from the usual agreement in that it satisfies management’s objection
to linking union membership with employment while at the same time
requiring the continued financial obligation voluntarily accepted for the
duration of the contract.
Other methods of dues collection.—The collection of union dues may
be facilitated in other ways than through the check-off. The employer
may agree to setting aside certain periods during working hours or
during lunch time for dues collection by the union, as a practical way of
avoiding work interruptions. Further assistance may be afforded by the
use of a special room or other facilities and equipment. Some agreements
forbid the collection of union dues on company premises during working
hours, but allow such activities outside of working hours, during lunch
periods, and before and after work.
AUTOMATIC CHECK-OFF

100. Dues, Initiation Fees, and Assessments Automatically Deducted by Company
The company will deduct from the pay of each employee covered by this agree­
ment all union initiation fees, dues and assessments.
101. Specified Amount of Union Dues and Initiation Fees Deducted for Each
Member
The company agrees once each month it will deduct for members of the union
dues in the amount of $1.50. The company also agrees to deduct from employees
pay a five-dollar ($5.00) initiation fee at the time said employees become members
of the union.
102. Amount of Dues Specified
The company will deduct from the pay of each employee who is a member of
the union initiation fees, and once each month the sum of one dollar and twenty-five

Dues ahd Assessments




41

cents ($1.25) as union dues, and will submit all monies so deducted to L ocal............
by the 7th day of the following month.
103. Dues Deducted for Each Member Who Worked A t Least 5 Days in Past
Two Pay Periods
The employer for said employees [members of the union] shall deduct from
the pay for the second biweekly period ending in each month the union dues for
that month of one and 25/100 dollars ($1.25) for each said employee who worked
at least five (5) days in that pay period and the preceding pay period combined,
and promptly remit the dues so deducted to the financial secretary of Local Union
No................ The initiation fee of the union of two dollars ($2.00) shall be de­
ducted by the employer and remitted to the said financial secretary in the same
manner as dues collections. The employer shall not be required to deduct from
wages any dues or initiation fees which may be delinquent.
104. Deductions in Advance of Earnings-^Procedure Detailed
The company will deduct from the employees’ pay once a month the required
amount of fees for payment of union dues for the month in which the deduction is
made, the understanding being that the deductions will be made in advance.
The following procedure as outlined will be the basis for making necessary pay­
roll deductions and is for the guidance of both the pay-roll department and the
union secretary. The financial secretary of Local No. .....................shall furnish the
pay-roll department complete card records of all members from whom the union
dues are to be collected. All information as to deductions to be made will appear
on these cards and the pay-roll department will be governed accordingly in making
the deductions.
Deductions for male members will be made on the basis of $1.25 per month
and deductions for female members will be $1.00 per month. Deductions are to be
made from the first pay roll paid each month and therefore, it will be necessary
for the financial secretary to have the deductions file complete for the pay-roll
department on Monday of the last week of each month. These cards shall be in
numerical order by clock numbers and the pay-roll department in making deductions
shall mark a check on each card showing that the deduction has been made for
that month.
Deductions having been made and the pay roll balanced, the pay-roll department
will return the file to the financial secretary of the union with dues payments pro­
perly recorded.
Should any employee have insufficient earnings during a period of deduction
to make the deduction, the pay-roll department will place a clip or marker on those
cards of employees having no deductions. The pay-roll department after having
reached a balance shall execute to the general accounting department a request for
payment for the amount of. deductions made and properly OK’d by the supervisor
of the pay-roll department. The accounting department shall then issue a check
to the treasurer of the union for the correct amount.
105. Dues and Initiation Fee Deducted for Union Members—Union to Indemnify
Company
The company, for said employees, shall deduct from the third pay of each month
the union dues for that month of one dollar ($1.00) and promptly remit the same
to the secretary-treasurer of the union. Upon submission by the union of signed
application cards, the initiation fee of the union of three dollars ($3.00) shall be
deducted by the company and remitted to the secretary-treasurer of the union in
the same manner as dues collections.

42




Union Security Provisions

The union shall indemnify and save the company harmless against any and all
claims, demands, suits or other forms of liability that shall arise out of or by reason
of action taken or not taken by the company in reliance upon certified lists furnished
to the company by the union or for the purpose of complying with any of the pro­
visions of this section.
106. Union to Indemnify Company Against Claims Arising Out of Check-Off
The employer will deduct from each employee all dues not to exceed $1.25
per month, fines and assessments as agreed between the company and the union,
properly imposed in accordance with the constitution and bylaws of the union. These
will be paid to the duly authorized officer of each local union by the 20th of each
calendar month in which such deductions are made.
The union will indemnify and save harmless the company from any and all
claims and disputes by reason of its acting hereunder.
107. Company Receives 5-percent Service Charge for Collecting Dues
The company will, starting in March 1945 and each month thereafter deduct
from each man who the union certifies was a member of the union in good standing
at the end of the withdrawal period, his union dues in an amount not exceeding
............per month and will promptly turn over this collected amount to the secretary
of the union less a 5-percent charge for collecting same.
MAINTENANCE OF UNION DUES

108. Seven-Day Escape Period Provided at Beginning of Agreement—Automatic
Check-Off
Pay-roll deduction of union dues and initiation fees from the wages of em­
ployees of the bargaining unit herein who become members of the union after the
7-day withdrawal period shall commence with the calendar month in which the
company receives written notification from the union of the identity of such
employees.
To all members of Local No. ............employed at........................Works of [name
of company].
Notice is hereby given that on the [date] ................. Works [name of company]
and [name of union] entered into a collective-bargaining contract and that among
other things said contract provides:
The company agrees, subject to all of the provisions of this article, to deduct
union initiation fees not in excess of fifteen dollars ($15.00), union dues in the sum
of one dollar and fifty cents ($1.50) each month, and properly authorized assess­
ments not in excess of two dollars ($2.00) per year, from the wages of employees
within the bargaining unit herein who are members of the union following the 7-day
withdrawal period stipulated in ................. of this article, or who thereafter become
members of the union.
In conformity with the provisions of said contract, notice is hereby given that
for the duration of said contract deductions in the amounts mentioned will be made
from the wage of all employees within the bargaining unit who remain members of
the union seven days after the date of this notice, or who later join the union, all
as provided i n ................. of said contract.
In order to preserve the voluntary nature of the deductions of initiation fees,
dues and assessments as mentioned above, the union has agreed with the company
that any person now a member of the union may withdraw from membership during
the first 7 days after the date hereof and thereby avoid having such deductions made
from his wages. Any employee desiring to withdraw shall give separate notice to
the company and the union in writing by registered mail, return receipt requested,
within the first 7 days after the date hereof.

Dues and Assessments




43

109. Fifteen-Day Escape Period Provided at Beginning of Agreement—Cost of
Check-Off Deductions Continued
All employees who, 15 days after the beginning of the first pay-roll week
following the date of this agreement [date], are members of the union in good
standing in accordance with its constitution and bylaws, and all employees who be­
come members after that date, shall, as a condition of employment authorize the
company for the duration of this agreement to deduct from their pay and transmit
to the union an amount equivalent to their union dues as currently established by
the union in accordance with its constitution and bylaws.
The union shall, immediately after the aforesaid date, furnish the company with
a notarized list of its members in good standing as of that date.
The union, its officers and members shall not intimidate or coerce employees
into joining the union or continuing their membership therein.
If a dispute arises as to whether an employee (1) was a member of the union
on the date specified above, or (2) was intimidated or coerced into joining the
union or continuing his membership therein, such dispute may be submitted for
determination under the provisions o f ...................
The company shall post on its bulletin boards immediately following the signing
of this agreement notices to the above effect similar to those posted on [date].
Present charges to the union for the pay-roll deduction of dues shall be con­
tinued subject to adjustment upon 30 days’ notice.
110. Ten-Day Escape Period Provided 2 1/2 Months After Effective Date of
jAgreement—Check-Off of Dues and Assessments
The parties hereto agree that:
During the life of this agreement, the corporation, for the convenience of the
union and its members, agrees to deduct from the pay of those employees who are
or become members of the union, all monthly dues and general assessments levied
by the international or local union in accordance with the constitution and bylaws
of the union and the provisions herein.
As soon as possible after the execution of this agreement, the designated finan­
cial officer of each local union shall furnish the local management with a notarized
list of employees who are members of the union and whose dues are to be deducted
beginning with the month of.....................This list and subsequent lists shall be accu­
rately prepared showing employee’s name, including full first name and middle
initial and Social Security number, wherever possible. On the fifth (5) of each
succeeding month the union shall furnish a notarized accurate list of additional
members who are to have their dues deducted starting that month. Collection of the
initiation fee and the first month’s dues will be the responsibility of the union.
Local plant managements will notify each employee of his inclusion on such
lists. Unless within 5 days after the receipt of such notice the employee notifies
the local plant management and the local union in writing of his claim that he is
not a union member and states the basis of his claim, union dues and general assess­
ments shall be deducted as provided above. The facts of such claim shall be reviewed
by representatives of the local union and local plant management. If not disposed
of by such review, any such claim will be determined by the umpire, whose decision
shall be final and binding.
Employees on military leave of absence shall not be required to notify the
local plant management or the local union as required under this section until re­
employed. Such notice shall be given within five (5) days after he is re-employed
in the plant.
The notification to the employee that his name has been included on the list
presented by the local union shall be in the following form:

44




Union Security Provisions

L ocal..............has reported to us that you are a member of the union, Enclosed
is a copy of the section of the [name of company and name of union] agreement
covering the deductions of union dues and general assessments from pay. Unless
you advise the company and the local union in writing within 5 days after the re­
ceipt of this letter that you are not a member of the union, your dues and general
assessments will be deducted in accordance with the attached.
Deductions shall be made from the wages for the first pay period beginning in
the month in which the member has sufficient earnings to cover the union dues
after deductions for taxes. In the event any such dues deduction is contrary to the
bylaws of the union, the local union will handle any refund direct with the employee.
Members rehired after lay-off will have dues deducted for the month in which they
are rehired. If such dues deduction cannot be physically handled in the month of
rehire, two deductions will be made in the succeeding month. In cases where de­
ductions are made from those who already paid union dues or where such deduction
is not in conformity with the provisions of the international constitution, or local
bylaws, refunds will be made to all such members by the local union.
Deductions shall be remitted to the designated financial officer of the local
union not later than the tenth (10) day of the following month. The local manage­
ment shall furnish the designated financial officers of the local unions, monthly,
with a record of those for whom deductions have been made and the amounts of
such deductions.
The local union will furnish the local management notice of a general assess­
ment at least fourteen (14) days prior to the date on which the deduction is to
be made. The original notarized list of members, plus the lists of monthly additions,
less any deletions will serve as a basis of making the deduction for general assess­
ments. Any deductions for general assessments which cannot be collected in full
on the designated pay day will be carried over and deducted from the next pay
period in which the member has sufficient earnings, provided such a pay period
occurs within the term of this agreement.
Any member of the union whose seniority is broken by death, quit, discharge,
lay-off, or transferred to a classification not in the bargaining unit, will have his
name removed from the check-off list and the local union will be notified by manage­
ment of the names so removed at the end of each month.
Notwithstanding any of the foregoing provisions of this section, the period
commencing................... and ending....................shall be a review period during which
any employee may request that his name be.removed from the list for future de­
ductions from his wages by giving notice to the local union and the local plant man­
agement for its information. Such notice shall be given by the employee in writing,
and sent registered mail, return receipt requested. After receipt of such notice, no
further deductions shall be made. Any dispute as to whether an employee has re­
quested that his name be removed from the list shall be referred to the umpire, whose
decision shall be final and binding.
It is understood that in effecting the transition to the check-off, some employees
will be found to be in arrears in dues payments. In order to correct such arrearages,
it is further agreed that the coproration will check off those dues and general
corporation assessments accruing under the constitution and bylaws of the union
between............. and.................., which the union claims were due under the maintenance-of-membership provisions of previous agreements. The corporation, how­
ever, will not be obligated to check off such dues and general assessments for any
employee who has not returned to work by....................., and for whom a claim for
arrearages has not been made by........................................
Such arrearages will be deducted by the corporation from the wages of any
employee, provided, that the union gives written notice, certified by the financial

Dues and Assessments




45

officer of the local union, to the local plant management and the employee prior
to................. , setting forth a request for the deduction from wages of the delinquent
dues and general assessments, and the amount to be deducted and the months cov­
ered. Such notice shall further state that unless the employee disputes the correct­
ness of such notice by letters addressed to the company and the local union, and
delivered personally or mailed within seven (7) days after the employee receives
the unions notice, deductions from the employee’s wages for such delinquent dues
and general assessments shall be made as requested. Any dispute regarding the
employee’s liability for delinquent dues and general assessments shall be referred to
the umpire, whose decision shall be final and binding.
Such notices of arrearages shall be issued by the union individually for each
member and the term of seven (7) days in which the member may file protest shall
be deemed to run from the date of receipt of the notification by the company.
If the member protests the delinquency within the 7-day period, no deduction
will be made pending the decision by the umpire. When no protest is made, deduction
for all arrearages will be made from the next pay in which the employee has suffi­
cient earnings to cover, after deductions for taxes. In the event the first pay, after
the notice, is not sufficient to cover the entire amount of arrearages, the uncollected
portion will be carried over and deducted from the wages for the next pay period.
In consideration of the company deducting dues, general assessments and arrear­
ages under the foregoing provisions, the union waives all interest in any case arising
out of the maintenance-of-membership provisions of any previous agreement entered
into by the parties.
VOLUNTARY CHECK-OFF

111. Written Authorisation, Irrevocable During Agreement—International Board
Must Authorise Check-Off of Assessments—Maximum Initiation Fee and
Dues— Union to Indemnify Operator Against Losses
The dues of the [union], not exceeding $1.50 per month shall be checked off the
wage of members of said organization by the operator and shall be remitted to the
secretary-treasurer of [union local], not later than the 15th day of each month for
the preceding month, and no assessments shall be checked off except upon the
authorization of the International Executive Board of the [union]. Collection for
dues shall follow checkweighman, blacksmith, explosives and rent.
Initiation fee of the [name of union] in the sum not to exceed $1.00 in any one
pay period, nor more than $2.00 per month, shall be deducted by the operator and
remitted to the secretary-treasurer of [local union] in the same manner as dues
deductions. Under no circumstances shall initiation fee for any one man exceed
$10.00 and the initiation fee and assessment deduction shall follow checkweighman,
blacksmith, explosives, house rents, store account and fuel.
It is agreed that such remittance shall be accompanied by a statement showing
the name of each employee and the amount checked off for dues, assessment and
initiation fee, and forwarded with the check for the remittance to the secretarytreasurer, [union local].
The check-off for dues, assessments and initiation fee shall be paid upon written
assignment of each member of the [union], their assignment to be in full force and
effect during the life of the present wage agreement.
It is agreed that where present members have made assignments under the old
contract, it will not be necessary for new assignments to be made under this agree­
ment.
If any employee or employees should at any time contend that the operator
acted wrongfully or illegally in making this check-off for dues, assessments and ini­

46




Union Security Provisions

tiation fee, the [union] will defend and protect the operator against expenses, re­
payments or losses on account of such contention.
The operators are hereby authorized to make deductions for store bills and all
other legitimate accounts.
112. Assignment of Dues in Stipulated Amount
Upon receipt by the company of an assignment of one dollar and fifty cents
($1.50) per month of wages, the company will check off such amount from the wages
of the employees making such assignment and will pay the total sum to the proper
accredited financial secretary of the union. In the event of an overcharge of dues
collected by the company and turned over to the union, the union shall be responsible
for an adjustment of such claim with the employee.
113. Individual or Blanket Authorisation Allowed
The company shall, for the duration of this contract, and for any employees
who submit either individually signed authorization cards or a blanket authorization
card together with other employees, deduct from their first pay of each month the
union dues for the preceding month, and promptly remit the same to the appropriate
officer of the union. The initiation fee of the union shall be deducted by the company
and remitted to the appropriate officer of the union when such deduction is author­
ized in the same manner as provided for dues.
114. Revocable on 30 Days’ Written Notice
The company agrees that any member of L ocal............. may, upon written in­
structions to the company with a copy to L ocal................. , request the company to
deduct his union dues from his pay check once each month and the company agrees
that such collected dues will be turned over monthly to the financial secretary of
L ocal............. with full accounting thereof. It is understood that any union member
may rescind such deduction instructions at any time provided the company is given
written 30 days’ notice with a copy to L ocal................. on a form provided for that
purpose. Unless rescinded, authorization for deduction of all dues'shall continue
for the duration of this agreement.
115. Individual Authorisation of Check-off—Revocable
The company will recognize the following form for collection of dues from
union members:
D a te ......................................... 194..........
..................................................... Company
You are hereby requested and authorized to deduct from wages due me and
payable on the next regular pay day the sum of $..........being my initiation fee,
and on the first pay day of each succeeding month the sum of $................., being my
monthly dues to Local ............. o f ................ Union, and you are hereby authorized
and directed to pay the amount deducted to Local ............. for my account on or
before the ............. day of the calendar month for which said deductions are made.
You are further authorized and requested to continue the monthly dues de­
ductions unless written instructions from me to you to advise the discontinuance
of such deductions are received.
Employee

116. Revocable Check-off—Multiplant Agreement
Upon receipt of written request from any employee the employer shall cooperate
with the union in the collection of dues by deducting from the wages due said em­
ployee each month the regular monthly dues as fixed by the local union where the

Dues and Assessments




47

employer operates; and shall continue to make such deduction until receiving written
instructions to the contrary from said employee. All money so deducted by the
employer shall be paid as designated by the employee on or before the 15th day of
the month following that for which deductions are made.
117. Minimum Work Requirements—Condition Precedent to Dues Deductions
The company agrees to deduct dues of union members from the first pay of
each month for the preceding month, provided such employees worked forty (40)
hours in the preceding calendar month, and will promptly remit the dues so de­
ducted to the international secretary-treasurer of the union whose name and ad­
dress shall be certified to the company in writing by the union. The union will for­
ward to the company cards signed by its members authorizing in writing the company
to deduct dues. Within five (5) days following the date of this agreement the union
will forward the company check-off authorization cards as well as a notarized list
of members in good standing. Subsequent thereto the union will, by the 20th of
each month, forward the company, in similar fashion as initially, authorization
cards and lists of members from whom dues are to be deducted starting the following
month.
118. Majority Vote of Employees in Bargaining Unit and Individual Authorisation
Required Pursuant to State Law
Upon compliance by the union and the employees affected, with Section 6 (f)
of the Pennsylvania Act of June 1, 1937, P.L. 1168, as amended, which provides
that it shall be an unfair labor practice for an employer to deduct union dues from
the wages of its employees unless the employer is authorized so to do by a majority
vote of all the employees in the appropriate collective-bargaining unit taken by
secret ballot and unless the employer thereafter receives written authorization from
each employee whose wages are affected, the employer will, on the second pay day
of each month (or if an employee has no pay then, on his next pay day) deduct
from the wages of each employee so authorizing in writing, the amount of union
dues owing by said employee to the union. Employer will transmit such dues to the
financial secretary of L ocal.........................within 5 days after said pay day.
119. Delinquent Members May Authorise Deduction on Request of Union
The company agrees that in the case of any member of the union who fails
to meet his obligations to pay dues to the union, the union may notify the company
and file with the company a card in the form annexed hereto, marked A, signed by
such member, and the company will, thereupon, in accordance with the authority
contained in such card, deduct from the pay of such member the amount of such
obligation and pay the same over to the treasurer of [union].
The company will post a notice as to the foregoing provision on the bulletin
boards promptly after this agreement is executed, and the foregoing provision will
become effective fifteen (15) days after such notice is posted.
OTHER METHODS OF COLLECTION

120. Shop Stewards to Collect Dues on Company Time
Shop stewards shall be permitted to collect dues during working hours for a
period of one to one and a quarter hours every other week, with no deduction from
pay for time so spent.
121. Allowed on Company Property at Specified Times
Dues may be paid and collected on company property during noon meal hour
and night supper half-hour.

48




Union Security Provisions

122. Dues Stewards Permitted ta Collect During Lunch Hours
Dues stewards may, to the extent that their services are necessary in respect
of employees who have not executed a voluntary check-off card, on their own time,
collect dues owing the union by its members during the noon hour in the depart­
ments, or occupational divisions thereof, in which such dues stewards are employed;
provided that in departments where no well defined noon hour exists the lunch
period assigned by foreman may be employed for the purpose.
122. Space and Equipment Furnished by Company
The company will continue the present arrangement whereby space and equips
ment are provided in the service building to facilitate the payment of union dues.
The union agrees that no other collection of union dues shall take place on the
company's premises.
124. Dues Collection Allowed During Working Hours
The company shall grant permission to the union treasurer (or to any other
official designated in his stead by the union) to collect union dues during working
hours. A reasonable time shall be set aside twice monthly for this purpose which
shall not exceed an aggregate of two (2) full days per month.
125. Company Agrees to Cooperate
The business agent reserves the right to collect dues from any [union] member,
The manufacturer agrees to cooperate with the [union] in the collection of dues,
126. No Dues Collection During Working Hours
No officer or supervisory employee of the company shall in any way interfere
with the union activities, and members of the union shall refrain from soliciting
members or collecting dues during working hours or while on the company property.
However, voluntary payment of dues on company property shall be permissible out­
side of working hours.

Dues and Assessments




49

I ndex

Closed shop .................................................................................................................
Clause
(1) Simple closed shop—only union members hired ...............................
(2) New employees hired upon presentation of union book and work­
ing card .................................................................................................
(3) Union to supply all workers .................................................................
(4) Union to supply workers within 48 hours ..........................................
(5) Temporary workers replaced by union members .............................
(6) Union to supply workers within 24 h ours..........................................
(7) Workers hired must apply for membership at or before employment
(8) During busy season, extra help must have union permit cards....
(9) Temporary seasonal employees need not be union members, but
must have temporary working permit ............................................
(10) Special group exempted from closed-shop provision .....................
(11) Initial closed-shop agreement—union membership immediately upon
employment ............................................................................................
Union shop ...................................................................................................................
(12) New and present employees to join union within 30 days—initial
union shop ............................................................................................
(13) New employees to join union within 20 days ............................
(14) Copy of union application blank printed in agreement books........
v15) Employer tree to hire from any source...............................................
(16) Union shop accepted as guaranty of efficient production.................
(17) Delinquent members subject to discharge on 10 days' notice........
(18) Employees may also hold membership in other unions ...................
(19) Employer free to hire from any source, one of which is joint
employment agency maintained by union and association............
(20) Refusal of union member to work with nonmember or nonapplicant
not a violation of agreement...............................................................
(21) Preferential hiring—union membership when hired...........................
(22) Preferential hiring—union to supply workers in 48 hours..............
(23) Preferential hiring—union to supply workers in 1 week.................
(24) Preferential hiring—nonunion workers, 60 days to join union........
(25) Union to furnish replacement before employer will discharge be­
cause of nonmembership.......................................................................
(26) Present members must maintain membership ..................................
(27) Present nonmembers not required to join union but company en­
courages them to do so .....................................................................
(28) Present nonunion employees not required to become members . . . .
(29) Present employees need not join union, but must pay sum equiv­
alent to dues to charity .....................................................................
(30) Nonmembers to pay union dues .........................................................
(31) Present employees transferred to bargaining unit must become
union members within 30 days .........................................................
(32) Demoted supervisors must join union..................................................
(33) Certain employees may elect to join or not to join union................
(34) Repair and maintenance men not on seniority list, hired for
seasonal shutdown, are not required to join union.........................
(35) Twenty-year men need not join union................................................

50




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6

7
7
7
7
8
8
8
8
9
9
10
10
11
11
11
12
12
12
12
12
13
13
13
14
14
14
14
14
15
15
15
16
16
16
17
17

Union Security Provisions

(36) Nine out of 10 new employees must become union members—
“Guild shop” ........................................................................................
(37) Present and new employees given 30 days to join union on penalty
of discharge, though “departures” may be referred to grievancearbitration procedure ..........................................................................
Maintenance of membership ....................................................................................
(38) War Labor Board Standard maintcnancc-of-membership provision
(39) Seven-day escape period on renewal of agreement...........................
(40) Fifteen-day escape period on renewal of agreement, provided
back dues paid ......................................................................................
(41) Seven-day escape period, provided dues and resignation fee paid
(42) Escape period for servicemen only.......................................................
(43) Ten-day escape period in present agreement and on renewal union
members transferred out of bargaining unit not required to join
union on return ....................................................................................
(44) Enforcement procedure .........................................................................
(45) No escape period—automatic check-off ..............................................
(46) New employee required to become member if he takes job vacated
by union member ................................................................................
(47) Maintenance of membership and preferential hiring .......................
(48) Employer encouragement of union membership, combined with
maintenance of membership .............................................................
(49) Individual card pledge of maintenance of membership ...................
(50) Individual card pledge also covers deductions of initiation fee,
dues, fines, and assessments .............................................................
(51) Individual authorization of loss of all seniority rights upon failure
to maintain membership .....................................................................
(52) Union member may drop membership without penalty, for valid
reason as decided by management and shop committee.................
(53) Conscientious resignations submitted to arbitration .........................
Preferential hiring and employer encouragement of union membership ..........
Preferential hiring:
(54) Jointly operated hiring halls .................................................................
(55) Preference in employment to union members.....................................
(56) If union fails to furnish qualified special ratings, employer may
hire nonunion seamen who must become union members on sec­
ond voyage ............................................................................................
(57) Preferential hiring and employer encouragement of union mem­
bership ...................................................................................................
(58) Union members preferred in hiring and lay-off, provided they
have ability to perform work ...........................................................
(59) Union members preferred in lay-off and rehiring.............................
Employer Encouragement of Union Membership:
(60) Employer encouragement of union membership, in return for
union assurance of efficient operations ............................................
(61) Employer furnishes desk space and equipmentto union..................
(62) Employer supplies agreement and application blank to new em­
ployees ........................
(63) Employer to notify employees of contract ........................................
(64) Joint conferences with dues delinquents ............................................
(65) Company to use best efforts to maintain union membership—
disputes referred to U. S. Conciliation Service...............................

Index



Page

17
17
18
19
20
2Q
21
22
22
23
24
24
24
25
25
26
26
26
26
27
28
28
28
29
29
29
29
29
30
30
30
31

51

Union recognition as sole or exclusive bargaining agency
Sole bargaining:
(66) Union spokesman for production and maintenance employees
(67) Sole bargaining—multiplant agreement ..................... .s...............
(68) Sole bargaining and voluntary irrevocable check-off ................
(69) Company will hot recognize any other organization................
Bargaining for members only:
(70) Union is bargaining agent for foremen members o n ly ..............
(71) Members' dues checked off upon individual authorization........
Admission to union membership ............................................................................
(72) Employees admitted to membership in accordance with union
constitution ............................................................................................
(73) No unreasonable withholding of membership....................................
(74) Previous employment no bar to union membership...........................
(75) Refusal of membership for “good cause"—union sh o p ...................
(76) Union will not unreasonably withhold work cards—closedshop ..
(77) Union membership of employee returning to job within union’s
jurisdiction renewed ..........................................................................
(78) New employees admitted to membership on basis of rules in effect
at time of application .........................................................................
(79) Union may exclude former members ................................................
(80) Rejection of membership application subject to arbitration..........
(81) Differences of opinion as to admission to union subject to griev­
ance 'procedure ......................................................................................
Penalty for loss of union membership ...................................................................
(82) Discharge at request of union .............................................................
(83) Limited number of employees may be discharged during any
one month ..............................................................................................
(84) Worker who loses good standing in union subject to dismissal
within 7 days ......................................................................................
(85) Nonpayment of dues only cause for discharge.................................
(86) Good-standing membership defined as payment of union financial
obligations ..............................................................................................
(87) Delinquent given 60 days to pay dues ................................................
(88) Key employees not subject to discharge ............................................
(89) Request for discharge of indispensable worker under maintenance
of membership subject to arbitration ..............................................
(90) Suspension or expulsion from union except for nonpayment of
dues subject to grievance-arbitration procedure.............................
(91) Employees who lose good-standing membership are subject to
dismissal ................................................................................................
(92) Individuals expelled or rejected by union not discharged until
authorized by board of arbitrators ..................................................
(93) Loss of good standing for reasons other than dues delinquency
subject to review by joint committee ..............................................
(94) Union agrees to indemnify company against legal claim resulting
from discharge ....................................................................................
(95) Suspension until dues payments met ..................................................
(96) Lay-off for dues delinquency ...............................................................
(97) Loss of seniority ....................................................................................
(98) Resignation from union permitted without loss of employment,
provided 12 months’ dues paid in advance.......................................

52



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31

32
32
32
32
33
33
33
33
33
34
34
34
34
34
34
34
35
35
35
36
36
36
36
36
37
37
37
37
38
38
38
38
39
39
39

Union Security Provisions

Page

(99) Resignation from union without loss of employment..................... 39
Collection of dues and assessments..................... ...................... .......................... 40
Automatic check-off:
(100) Dues, initiation fees, and assessments automatically deducted
by company ................................................................................ 41
(101) Specified amount of union dues and initiation fees deducted
for each member .................................. •..................................... 41
(102) Amount of dues specified ............................................................ 41
(103) Dues deducted for each member who worked at least 5 days
in past two pay periods ........................................................... 42
(104) Deductions in advance ofearnings—procedure detailed......... 42
(105) Dues and initiation fee deducted for union members—union
to indemnify company ............................................................ 42
(106) Union to indemnify company against claims arising out of
check-off .................
43
(107) Company receives 5-percent service charge forcollecting dues 43
Maintenance of union dues:
(108) Seven-day escape period provided at beginning of agreement
—automatic check-off ............................................................... 43
(109) Fifteen-day escape period provided at beginning of agreement
—cost of check-off deductionscontinued................................. 44
(110) Ten-day escape period provided 2^4 months after effective
date of agreement—check-off of dues and assessments........ 44
Voluntary check-off:
(111) Written authorization, irrevocable during agreem ent............ 46
(112) Assignment of dues in stipulated amount .............
47
(113) Individual or blanket authorization allowed............................. 47
(114) Revocable on 30 days’ written notice.......................................... 47
(115) Individual authorization of check-off—revocable ................... 47
(116) Revocable check-off—multiplant agreement ........................... 47
(117) Minimum work requirements—condition precedent to dues
deductions .................................................................................... 48
(118) Majority vote of employees in bargaining unit and individual
authorization required pursuant to State law ....................... 48
(119) Delinquent members may authorize deduction on request
of union ...................................................................................... 48
Other methods of collection:
(120) Shop stewards to collect dues on company tim e....................... 48
(121) Allowed on company property at specified tim es................... 48
(122) Dues stewards permitted to collect during lunch hours ........ 49
(123) Space and equipment furnished by company ........................... 49
(124) Dues collection allowed during working hours ....................... 49
(125) Company agrees to cooperate ..................................................... 49
(126) No dues collection during working hours ............................... 49
★ U. S. GOVERNMENT PRINTING OFFICE: 1 9 4 7 — 7 4 3 7 6 3

Index



53