https://haylibrary.cvlcollections.org/files/original/56d307e3846ba18f3b6c055d2cf5ae82.pdf b0dcc96f6a9f508a216c7a72e9899668 PDF Text Text -AMERICAN INSTITUTE OF MININGS METALLURGICAL ENGINEERS 29 WEST 39:nl--STRE:ET'" NEW YORK 18, N . Y. OFFICE OF TI-IE SECRETARY Our 76th Year IVay 2, 1947 To the Members of the Board of Directors and the Cha 1.rmen of the Loca 1 Sect ions. Gentlemen: Herewith is a copy of Part I of the "Manual on Collective Bargaining for Professional Employees'" as prepared by the Committee on theR:onomic Status of the Engineer on which the Institute is represented by Fo B. Foley, Scott Turner, and lewis E. Young. The circumstances of publication are detailed in the pamphlet itself. I nay mention that the AIME representatives have not yet approved the proposed text for Parts II and III, the projected publication of which is indicated on the title page. . 1 Any member of the Institute may o1"€'a\n a copy of the Wanual -- so long as the supply lsets [bijsendi"Of!, $1 to the Office of the Secretary. / vn~~ ,. ,, A. B. PARSONS Secretary (Enc. ) ---------- - - �. Mamnu1a1!. <D>fill Colleclbive IB~gauimwmg f(Q)rr JPJr(Q)feS§i<0>rmaill IBmpli(Q)yee§ I PART I The National Labor Relations Act and Professional Employees Published by The Committee on the Economic Status of the Engineer �I..' Manual on Collective Bargaining for Professional Employees PART I The National Labor Relations Act and Professional Employees Prepared by Dr. WALDO E. FISHER, Professor of Industry, The Wharton School, University of Pennsylvania; and the Committee on Collective Bargaining and Related Matters of the American Institute of Electrical Engineers; in collaboration with the Committee on Collective Bargaining by Engineers in Professional Work, a survey committee of the Committee on the Economic Status of the Engineer. (A Committee of Engineers Joint Council) PUBUSHED BY The Committee on the Economic Status of the Engineer REPRESENTING American Society of Civil Engineers 33 West 39th Street New York 18, N. Y. American Institute of Mining and Metallurgical Engineers !29 West 39th Street New York 18, N. Y. American I nstitute of Electrical Engineers 33 West 39th Street New York 18, N. Y. American Society of Mechanical Engineers !29 West 39th Street New York 18, N.Y. American Institute of Chemical Engineers 50 East 4nt Street New York 17, N. Y. The National Society of Professional Engineers 1359 Connecticut Avenue, N. W. Washington 6, D. C. PRICE $1 SOLD _THROUGH THE OFFICES OF THE ABOVE SOCIETIES �r CONTENTS \ I, I PART I Foreword .. .. .............. . ..... . ...... ". . . . . . . . . . . . . . . Introduction Copyright, 1947, by Page 5 7 Summarizes recent developments in industrial relations, discusses the factors that have led to the organization of professional employees and points out the objectives and contents of the manual. ENGINEERS JOINT COUNCIL 25-33 West 39th Street, New York 18, N. Y. Chapter 1. ,- This is Part I 0 1a Three-Part Publication I: PART II: The National Labor Relations Act and Professional Employees Co11ective • Bargaining, Mediation and Arbitration PART III: The ob·Jectives, • Structure and Tactics of Labor Organizations II Summarizes the stated objectives of the Act, the industries covered by it, the rights guaranteed to employees, the unfair labor practices which employers may not engage in, and the agencies and procedures established to give effect to the public policy stated in the Act. 2. PART The National Labor Relations Act ... .. .... ... . . ... . What the Professional Societies Have Done and Are Doing ........ . ..... . ..... . . . ....... .•. ••• • •••• 21 Reviews the efforts of engineering and other societies to assist professional employees to protect their interests and to obtain the type of employee-employer relations they desire. 3. An Examination of Proposals Made by Professional Employees to Modify the Wagner Act. .......... • • • • • • • • 27 Considers the current proposals to modify the National L abor Relations Act which have been suggested by members of professional societies in order to further the interests of professional employees with respect to collective bargaining. 4. Courses of Action Taken by Professional Employees Under the Act .. . . ..• • • • • • • • • • • • • • • • • • • • • • • • • • • • • PRINTED IN THE UNITED STATES OF AMERICA ~- Examines the courses of action taken by professional employees when confronted with the issue of representation for purposes of collective bargaining. 33 �5 CONT~ (con'tinued) . Types of Labor Organizations Open to Professional Em5 ployees . • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • 37 Examines the advantages and disadvantages of labor organizations restricted to the employees of a single establishment or company as compared with labor organizations whose jurisdiction embraces a region or an industry, appraises the various types of labor organizations from the standpoint of structure, and discusses the benefits and limitations of affiliation with a national federation of labor. r l f 6. Forming an Organization for Collective Bargaining • . . . Discusses the conditions that must be met and the steps that may be taken by professional employees who find it desirable or necessary to establish an organization for collective bargaining. Appendices A. B. C. D. The National Labor Relations Act .. .. . . .. . .. . . . . National and Regional Organizations serving as collective bargaining agencies for professional employees A Sample Constitution (Department of Water & Power Professional Engineers' Association-A unit of The Southern California Professional Engineering Association) . . . . .. . .. . .. . . .. ........... . .. . . ... . 55 59 61 A Sample Ballot (Official Constitution Ballot for ratification of Constitution of the Association of Engineers and Engineenng • • Ass'1stants ) . . .... . ... .. . . .... . E. A Sample Membership Application (Southern California Professional Engineering Assoc1at1on • • ) .. .. ... . . .. . .. ......... . .. .. . F. A Sample Election Ballot (T~e Association of Engineers and Engineering Assistants) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . l FOREWORD THIS MANUAL bas been prepared for the primary purpose of accurately informing professional employees, especially professional engineering employees, on matters pertaining to Collective Bargaining under the National Labor Relations Act (Wagner Act) as it now stands on our statute books. I ts publication is sponsored by Engineers Joint Council•:~ (E.J.C.) and the National Society of Professional Engineers (N.S.P.E.). The draft was reviewed and approved by Joint Council's Committee on the Economic Status of the Engineer* on which committee N.S.P.E. has three representatives, as has each of the five societies represented •on Engineers Joint Council. The original draft was prepared by Dr. Waldo E. Fisher, Professor of Industry at the Wharton School, University of Pennsylvania, for the Committee on Collective Bargaining and Related Matters':• of the American Institute of Electrical Engineers ( A.I.E.E.). When it was decided that the publication of such a Manual should be sponsored jointly by E.J.C. and N.S.P.E., it was suggested that the manuscript, as originally prepared for A.I.E.E., but with modifications to make it acceptable to the other five societies, should be used as the basis for the Manual. T his suggestion was promptly endorsed by A.I.E.E. Accordingly, the Committee on Collective Bargaining by Engineers in Professional Work,* a Survey Committee of the Committee on the Economic Status of the Engineer, was assigned the task of working with Dr. Fisher to make the desired modifications in the A.I.E.E. manuscript. Although the primary purpose of the Manual is to provide professional employees with accurate information pertaining to Collective Bargaining under the National Labor Relations Act as now written, 64 • Sec page 6. Chapter III examines certain proposals £or modifying the Act which have come to the attention of the several committees which have had a part in preparing the Manual. Because some of these proposals seem to be based on inaccurate or incomplete information, it was felt that it would be helpful to professional employees to have accurate information on such matters also. It is the intention of the sponsors to present in the Manual an objective analysis which should be helpful to professional employees in forming their own conclusions regarding collective bargaining, unionization and possible revisions of the National Labor Relations Act. The complete Manual is divided into three parts with appropriate Appendix sections, the three parts being: I : The National Labor Relations Act and Professional Employees Part ll: Collective Bargaining, Mediation and Arbitration Part III: The Objectives, Structure and Tactics of Labor Organizations Part In the interest of getting accurate information into the hands of professional employees at the • earliest possible date, the present issue includes Part 1 only. The manuscript for Parts 2 and 3 is being reviewed and will be released for publication just as soon as possible. FOR THE COMMITTEE ON THE ECONOMIC STATUS OF THE ENGINEER I. Ml!.LVILLE STEIN, Chairman �6 ORGANIZATION Tors MANUAL is sponsored by Engineers Joint Council which consists of the Presidents, immediate PastP~idents, and Secretaries of the following societies : American Society of Civil Engineers American Society of Mechanical Engineers American Institute of Electrical Engineers American Institute of Mining and Metallurgical Engineers American Institute of Chemical Engineers The Committee on the Economic Status of the Engineer consists of 'the following: Chairman: I. MELVILLE STEIN, Vice-President and Director of Research, Leeds & Northrup Co., Philadelphia, Pa. (A.I.E.E.) Vice-Chairman: WILLIAM N. CAREY, Executive-Secretary, American Society of Civil Engineers, New York, N. Y. (A.S.C.E.) Secretary: PAUL T. ONOERDONK, Consolidated Edison Co. of New York, Inc., New York, N. Y. (A.S.M.E.) E. G. BAILEY, Vice-President, Babcock & Wilcox Co., New York, N. Y. (A.S.M.E.) L. W. BAS&, Air Reduction Co. New York N y (A.I.Ch.E.) ' ' • • JAMEs ~- C~ca, Assistant Professor of Chemical Engmeenng, Columbia University New York N. Y. (A.I.Ch.E.) ' ' L. J. FLETCHER, Director of Training d C an om• R . m~ty elations, Caterpillar Tractor Co Peona, Ill. (A.S.M.E.) ., FRANcx~ B. Fouv, S~perintendent of Research, The Midvale Co., Philadelphia Pa. (A IM E) Jo1rn s. KENNEDY Port) d' C •• • • Shak H . h ' an ement Association er eig ts, Ohio (N.S.P.E.) ' G.uu.P.ToN S. PMcToa M M ' oran, Proctor, Freeman & ueser, New York, N. Y. (A.SC E) WlLLIAht F R • • • • YAN, Stone & Webster E . . Corp., Boston, Mass. (N.S.P.E ) ngmeenng ERNEST J. STOCKING Assistan •. Personnel, Utifuation D~ -~ef Examining & Service Com.....:. . lVIS1on, U . S. Civil ._..._.s100 Washin (A.S.C.E). ' gton, D. C. A. c.uip sl°REAMPI> Ass· • -.., istant to the p 'd mghouse Electri C res1 ent, West(A.I.E.E.) c orp., Pittsburgh, Pa. Sco1T TURNER, New York, N. Y. (A.I.M.E.) STEPHEN L. TYLER, Secretary, American I . • al E ngmeers, • Chenuc New York DStitute N of (A.I.Ch.E.) ' • Y. ALEX VAN PRMo, Ja., Warren & Van p raag, Decatur, Ill. (N.S.P.E.) E. P. YERKES, Engineer of Equipment, The Bell Tel. ephone Company of Pennsylvania, Philadelphia Pa. {A.I.E.E.) ' LEWIS E. YouNG, Pittsburgh, Pa. (A.I.M.E.) The Committee on Collective Bargaining b ~ngi.neers in Professional Work consists of the folio:. mg: Chairman: E. P. YE.RK.ES, Engineer of Equipment, The Bell Telephone Company of Pennsylvania, Philadelphia, Pa. ( A.1.E.E.) JAMES M. CHURCH, Assistant Professor of Chemical Engineering, Columbia University, New York, N. Y. (A.I.Ch.E.) CHARLES S. GoTWALs, Superintendent Plant No, 1, SKF Industries, Inc., Philadelphia, Pa. (A.S.M.E.) GAIL A. HATHAWAY, Hyattsville, Md. (A.S.C.E.) J OHN S. KENNEDY, Portland Cement Association, Shaker Heights, Ohio (N.S.P.E.) LEwrs E. YouNo, Pittsburgh, Pa. ( A.I.M.E.) The Committee on Collective Bargaining and Related Matters of the American Institute of Electrical Engineers consists of the following: Chairman: I. MELvn.LE STEIN Vice President and Director of Research, Le:ds & Northrup Co., Philadelphia, Pa. Vice-Chairman: Ovm W. EsH13ACH, Dean, North· western Technological Institute, Northwestern University, Evanston, Ill. Secretary: E. P. YERKES, Engineer of Equipment, The Bell Telephone Company of Pennsylvania, Philadelphia, Pa. Wn.LIAM R. HouGH, Chief Engineer, Reliance Elec• tric & Engineering Co., Cleveland, Ohio. A. C.w:p STREAMER, Assistant to the President, West• inghouse Electric Corp., Pittsburgh, Pa. BARTOW VAN NEss, JR., Chief Engineer, Safe Harbor Water Power Corp., Baltimore, Md. 7 INTRODUCTION IN THE UNITED STATES, from the beginning of the factory system until sometime after the passage of the National Labor Relations Act, the great majority of industrial employees dealt with their employers as individuals in establishing wages, hours, and conditions of employment. During this period the spirit of extreme individualism which dominated the frontier civilization of a century ago continued to prevail in the field of employer-employee relations. Organized labor failed to secure or maintain a foothold in many industries or sections of industries. Prior to 1933, it had succeeded in the industries dependent upon hand skill and in the decentralized trades and industries consisting in a large measure of small or relatively small firms or corporations. Its greatest achievements had been in the building trades, in steam railroads and electric and street railways, in the clothing industries, in anthracite and bituminous coal mining, in printing and publishing, in theatres and music, and to a lesser extent in the glass, clay, and stone industries. The transportation and building unions represented about one-half of the total union membership.1 Generally speaking, it was a movement of wage earners, but it did embrace unions of clerical workers and certain professional employees, notably actors, musicians, and teachers. After I 929 certain conditions and events brought about drastic changes in the employer-employee relationships of this country. Important among the factors which have accounted for these changes are ( I ) the prolonged depression which intensified the universal urge for economic security; (2) the National Industrial Recovery Act of 1933 which, so far as the nonagricultural industries were concerned, established industrial codes that guaranteed employees the right to organize and bargain collectively, and that sought to augment purchasing power by raising wages and to increase employment by reducing hours of work;= (3) social legislation designed to provide greater income and security for employees through the establishment of minimum labor standards and various types of social insurances as well as assistance to the needy, (4-) the National Labor Relations Act of 1935 which 1 Footnotes appear at the ,nd of each section or chapter protected the right of labor to organize and bargain collectively, (5) the resulting growth in the membership and power of organized labor, especially in the mass production industries, (6) the split in the American Labor Movement, and (7) the shortage of manpower occasioned by World War II. When the National Industrial Recovery Act was passed in June 1933, some three million workers in the United States were associated with labor organizations whose jurisdiction extended beyond the scope of a single company-well over two-thirds of them being in unions affiliated with the American Federation of Labor; another million and a quarter employees belonged to plant-wide or company-wide unions; while the remainder-some twenty million industrial workers-formulated their terms and conditions of employment by means of individual bargaining. The forces and conditions enumerated above threatened to disrupt many long-established employeremployee relationships. The adjustments which followed were accompanied with a large measure of industrial strife, which was to be expected inasmuch as the recovery legislation and the efforts of unions compressed into a few years far-reaching modifications in the relationships between employers and employed which in most countries took decades of gradual change. In the years that followed the passage ,of the National Industrial Recovery Act and especially the enactment of the National Labor Relations Act, labor unions conducted intensive organizing campaigns which, aided by Federal agencies, in particular by the directives of the National War Labor Board on the maintenance of membership, were extraordinarily successful. At the close of 1945, "about 13.8 million workers were covered by written collective-bargaining agreements".• During these years the character of the American Labor Movement underwent considerable change. This change was accentuated by the existence of two powerful competing national federations-the American Federation of Labor and the Congress of Industrial Organizations. Of real importance, also, was the United Mine Workers of America, which played �[ 8 INTRODUCTION . 1 c.-t ;,., the formation of the CIO, later a maJor ro e, w~ ... di f d as an independent competitor of the two lea ~g e erations of labor, and more recently as an ~~ate of the A. F. of L. To retain or win leadership in the field, these organizations found it necessary to e,,-p~d . • • diction and to increase their membership. thell' J\IDS • hich Under aggressive leadership, the moveme~t (w had been confined in the main to production work• ers) spread first to clerical workers and then to professional employees. It cannot be assumed, however, that the growth of labor organizations among professional employees is due only to the activities of outside unions. A minority of engineers has shown an interest in coll~ctive bargaining through the medium of strong labor organizations. Several factors may account for this development. In the first place, the number of professional men in industry has grown substantially during the last quarter of a century. It should be noted that their role is largely that of an employee rather than a consultant, and that in many companies large numbers are engaged on specialized aspects of engineering work. A minority of these employees has revealed a deep dissatisfaction with the limited character of their work, much of which involves "routine clerical testing or other work which a competent semi-techni~ cal assistant could handle". Some of them are "generally or extremely dissatisfied" with their salaries and complain of the supervision they receive as well as the lighting, noise, and dirt on the job and the space allotted to them. Moreover, they resent the lack of opportunity to get ahead and the failure of managem~~ to keep them informed concerning company policies ~d other matters of interest and importance to professional employees.• thirtiIn the second place, the long depression of the . es has made a substantial number of professio°;l employees security minded. Large numbers of gra uates of professional schools could not find • b durin th JO s did _g ese y~rs, and the salaries paid to those who ' m many mstances, reflected the then ailin oversupply of professionally-trained em l prev U g employment was not confin p oyees. nates. A study of the en . ed _to recent college graduthe Bureau of Labor S~~~g ~rofession made by one-third 0 f th . tics disclosed that about e engmeers w time during the years ere unemployed some • 1929-1934.5 Important also has been th . upon the comparative sal e unpact of the war ary status of professional INTRODUCTION employees. Differences in overtime earnings in th . , me. cl d f o s o payment, an , m some cases, differences in the increases of the base pay of hourly-rated and f . h pro esst0na1 employees ave placed the latter at a de ·d d disadvantage. For these employees rising pric ci te gether with higher taxes have reduced the sta:a ~ of living and impaired morale. ar . This. combination of factors plus the prompt attenoon given by management to the wage demands and grievances of organized shop employees and th • d e success attaine by these workers appear to have made some professional employees wonder whether collective bargaining might not be a useful device for removing existing inequities and improving their economic status. Scope and Purpose of this Manual The demands upon professional employees to master and keep abreast with scientific theory and technological knowledge in their respective fields have become increasingly heavy. Most professional people have not had the time or the opportunity to keep informed of developments in the American Labor Movement or in legislation pertaining to labor organizations and collective bargaining. Confronted with economic factors and conditions outside of their field of specialization and uncertain of the impact of recent developments in labor relations upon their professional status, many of them turned to their respective societies for advice and assistance. As we shall see later, a number of these societies established committees to study the problem, and some of them developed programs designed to further the interests of their members. The various studies and surveys undertaken by these societies disclosed a definite need for a source book on colic<, tive bargaining for professional employees. This volume has been prepared to meet that need. Those who are responsible for its preparation have sought diligently to treat this controversial subject simply but adequately and as objectively as ~ssible. In carrying out this task they have keft. lll mind the primary objectives of professional socieb«:, namely, the advancement of the theory and techni· cal knowledge of the science or art which its memberS practice as well as of the allied arts and sciences, and the maintenance of high professional standards among members. The primary purpose of this volume ( of which this is Part I) is to give professional employees a background against which they may interpret and appraise the current developments in the field of labor relations. Part I: The National Labor Relations Act and Professional Employees, presents the essential features of the National Labor Relations Act, reviews professional society activities with respect to collective bargaining for professional employees, examines certain proposals to modify this Act, appraises the various courses of action which professional employees have taken under the Act, presents the advantages and disadvantages of the various types of labor organizations which are open to professional employees, and discusses the conditions that must be met, the steps that must be taken, and the responsibilities involved in establishing a labor organization for professional employees. Part II: Collective Bargaining, Mediation and Arbitration, deals with the purpose and content of collective bargaining, the process of negotiating and living under a contract, and the nature and place of mediation and arbitration in the settlement of industrial disputes. Pirt III treats with the objectives, structure and tactics of labor organizations. It presents a brief history of the American Labor Movement, examines the structure and functions of labor organizations, and portrays union organizing tactics and strike strategy and tactics. The appendices include the National Labor Relations Act, copies of documents and forms pertaining to labor organizations and collective bargaining, a glossary of terms, a bibliography on labor relations and related material. This manual has been prepared to give professional employees a knowledge of their rights and responsibilities under the National Labor Relations Act 9 and to inform them about the theory and practice of labor organizations and collective bargaining as they function in business and industry. The decision to organize or not to organize and the choice of a bargaining agency and a bargaining unit, to the extent permitted by the National Labor Relations Act, rest witp the professional employees themselves. The decision should be based on a knowledge of the facts of labor law and labor relations ~ well as on their personal preferences and convictions and the circumstances prevailing in a given situation. 1 Sec Wolman, Leo: Growth of American Trad, Umons, 1880 to 1923, New York, 1924, pp. 86-91 and Report of the Committee on Recent Economic Changes of the President's Conference on Unemployment: Recent Economic Changes in the United States, 1929, Vol. II, pp. 479-481. , 2 Section 7 (a) of the Act provided: ''Every code of fair competition, agreement, and license approved, prescribed, or usued under this title shall contain the following conditions: ( 1) That employees shall have the right to organize and bargain collectively through representatives of their own choosing, and shall be free from the interference, restraint, or coercion of employers of labor, or their agents, in the designation of such representatives or in self-organization or _in other. C?n• certed activities for the purpose of collective bargallllllg or other mutual aid or protection; (2) that no employee and no one seeking employment shall be required as a condition of employment to join any company union or to refrain from j~ining, o ~ g , or assisting a labor organization of his own ch005mg; and (3) that employers shall comply with the maximum hours of labor minimum rates of pay, and other conditions of em;loyment, approved or prescribed by the President." a Monthly Labor Re11iew, Bureau of Labor Statistics, U. S. Department of Labor, April 1946, p. 567. 4 Based on ( 1 ) the finding, of a recent qucstio~aire filled in by 1145 enginccn who were employed m a _large manufacturing company in the East, and (2) interviews with groups of engineers. G Fraser Andrew Jr. and Hinrichs, A. F.: "Employment and Earning~ in the Engineering Profession, 1929-1934", United States Bureau of Labor Statistics, Bulletin No. 68~, p. ix, Washiugton, D. C., 1941. �II Chapter I THE NATIONAL LABOR RELATIONS ACT EARLY IN 1935, a National Labor Relations Bill (S. 1958, 74th Congress, 1st session) was introduced in Congress. According to its sponsors the purpose of this Bill was ( I ) to remove the uncertainties which prevailed concerning the rights of employees and the obligations of employers with respect to labor organizations and collective bargaining, and ( 2) to establish effective machinery for the enforcement of these rights and obligations. It was not the intention of the framers of the Act, therefore, to add to the existing rights of employees but to have the Federal Government guarantee rights which the courts had long recognized as essential to the welfare of employees engaged in the production of goods and services. Both houses approved the Bill late in June. It was signed by the President on July 5, 1935. 1. The Objectives of the Act The National Labor Relations Act, popularly' known as the Wagner Act, does not purport to enunciate the broad principles and policies upon which a comprehensive code of industrial relations may be developed. It deals with the rights of employees and the acts of employers that interfere with the exercise of those rights. It lays down "unfair labor practices" in which employers may not engage and specifies certain basic rights which it guarantees to employees. The choice of objectives and means to be used in or• ganizing and administering unions and in conducting collective bargaining is left to the employees or their agents subject to the restraints set up by civil and criminal law, local ordinances, or under certain conditions by injunction proceedings. The following statement of Senator Wagner, the sponsor of the Act in the Senate, is of interest in that it throws light on the intended scope of this legislation: 1 "We have not gone in this bill into the field of re• lationship between employer and employee. We have been dealing only with the right of the employee to engage in collective bargaining with his employer. If an employee threatens to bum the house of a fellow employee unless he joins his Uruon, there is ample pro• vision of law to cover such a case. . . . That is a domain we have not entered into, because we are not dealing with it." a. Public Policy as Stated in the Act . _The Act declares that it is the public policy "to eliminate the causes of certain substantial obstructions to_ ~e free £low of commerce and to mitigate and eliminate these obstructions when they have occurred by encouraging the practice and procedure of collective bargaining and by protecting the exercise by ~orkers of full freedom of association, self-organization, and designation of representatives of their own choosing, for the purpose of negotiating the terms and conditions of their employment or other mutual aid or protection." b. Findings on Which Congressional Action was Based Why did Congress believe it to be desirable to encourage collective bargaining and to guarantee labor full freedom of association and related rights? The economic philosophy of Congress as expressed in the Act ( Sec. I ) is, in essence, that the denial by employers of the right of employees to organize and the refusal by employers to bargain collectively cause serious disturbances in our national economy. These actions on the part of employers give rise to strikes and other forms of industrial unrest. Since they occur in the current of commerce, strikes burden or obstruct commerce by "impairing the efficiency, safety or operation of the instrumentalities of commerce" and by "materially affecting, restraining, or controlling the fl.ow of raw materials or manufactured or processed goods from or into the channels of commerce, or the prices of such materials or goods in commerce." Work stoppages, we are told, also cause a "diminution of employment and wages in such volume as substantially to impair or disrupt the market for goods flowing from or into the channels of commerce." Interference with the employees' efforts to organize and the refusal to bargain collectively, say the sponsors of the Act, give rise to inequality of bargaining power between employees and employers, and this condition not only "substantially burdens and affects �12 THE NATIONAL LABOR RELATIONS ACT the flow of commerce" but "tends to aggravate recurring business depressions, by depressing ,~age rates and the purchasll!g power of wage earners in industry and by preventing the stabilization of wage rates and working conditions within and betv,een industries." On the other hand, the framers of the Act assert, "experience has proved that protection by law of the right of employees to organize and bargain collectively'' not only "safeguards commerce from injury, impairment, or interruption" but "promotes the flow of commerce by: removing certain recognized sources of industrial strife and unrest, CI1couraging practices fundamental to the friendly adjusttnent of industrial disputes arising out of differences as to wages, hours, or other working conditions, and by restoring equality of bargaining power between employer, and employees." 2. I ndustries Covered by the Act ,., The Act applies to industries in which "the denial by employers of the right of employees to organize and the refusal by employers to accept the procedure of collective bargaining" would obstruct inter~tate commerc~ by "(c) materially affecting, restrainmg, or controlling the flow of raw materials or manufactured or processed goods from or into the channels ?f commerce, or the prices of such materials or goods m co~erce; or (d) causing diminution of employ~ent_ and wages in such volume as substantially to un~ or disrupt the market for goods flowing from or mto ~e channels of commerce." (Sec. x)2 The Act specifically excludes the following emp1oyees: 1 • Agricultural laborers. 2. Worke~ subject to the Railway Labor Act. 3· Domestic servants. 4- Any individual employed by his spouse. parent or 5. Government employees m·cluding federal, state, county, and city employees. It is apparent, therefore, that the Act . fessional employees incl d' d applies to prounless covered by the abo~e::emo~tors and lawyers, It should be noted that th p Sons. recent years has been broad . e. upreme Court in state commerce and th t enmg its concept of interreg_wation is being appl:d ~o a c~nseque_nce federal of mdwtries,a an mcreasmg number TIIE NATIONAL RELATIONS LABOR ACT an agreement, with a labor organization (not established, maintained, or assisted by any action delined in this Act as an unfair labor practice) to require as a condition of employment membership therein, if such labor orgilnization is the representative of the employees as provided in Section 9 (a) in the appropriate collective bargaining unit covered by such agreement when made.O 3. The Rights Guaranteed to Employees Section 7 of the Act protects by law rights , 'th • . d Y1 respect to seIf-orgaruzation an collective bargainin which have long been recognized by the courts. Thg Act stat~ ~at "employe~ ~hall have the right t: self-organization, to form, Jom or assist labor organ. izations, to bargain collectively through representatives of ~e-~ own choosing, and to engage in con. ~erted activities, for ~e purpose of collective bargain. mg or other mutual aid or protection" . 4. The Unfair Labor Practices To safegu_ard the righ~ guaranteed in Section 7, the Act designated certain labor practices which it declares unfair and which it forbids employers to use, By employer is meant not only the owners of a business but "any person acting in the interest of any employer, directly or indirectly." From this category are omitted the Federal Government, any state or political subdivision thereof, any person subject to the Railway Labor Act as well as labor organizations (e.xcept when acting as an employer) or anyone acting in the capacity of officer or agent of a labor organization. (Sec. 2 (2)) This definition makes the employer responsible for any violations of the Act by his foremen or executives unless he "has adequately brought home to his employees the company's neutral position in organizational matters and it appears that everything reasonably possible has been done to enforce this neutrality."• a. Labor Practices Prohibited by the Act The Act (Sec. 8) declares it to be "an unfair labor practice for an employer: ( 1) To interlcrc with, restrain, or coCl'CC employees in the exercise of the rights guaranteed in Section 1· (2) To dominate or interfere with the formation or administration of any labor organilltion or coo• tribute financial or other support to it: Provided, that subject to rules and regulations made and published by the Board pursuant to section 6(a), °!1 employer shall not be prohibited from p~t· ting employees to confer with him during workiJJg hours without loss of time or pay.Ii (3) By discrimination in regard to hire or tenure of employment or ~y term or condition of emplot ment to encourage or discourage mem~P ~ any labor organization: Provided, that nothin! ': this Act, ... or in any other statute of the Ulll~e States, shall preclude an employer from makinS their interest, is held by the Board to be interference with the right of employees to organize unions for collective bargaining or other mutual aid or protection. Other specific labor practices prohibited by the Board will be considered in later chapters. c4 ) To discharge or otherwise discriminate against an 5. Arrangements for Effecting Public Policy (s) To refuse to bargain collectively with the representatives of his employees, subject to the provisions of Section g(a)." To ensure that the broad objectives of the Act will be achieved, provision is made for a National Labor Relations Board which is assigned the following major functions: employee because he has filed charges or given testimony under this Act. Many of the terms used in the above statement of unfair labor practices, such as to interfere with, restrain, coerce, dominate, and discriminate against, are quite vague, of a general nature and not defined in the Act. Actually they are the results or consequences of a course of action or of specific acts taken by employers or their agents. It was to be expected, therefore, that the general unfair labor practices.listed in the Act would be supplemented, over a period of years, with specific unfair labor practices laid down by the Board as the result of its application of the provisions of Section 8 to concrete cases and particular situations. b. Acts of Employers Prohibited by the Board Some of the specific acts of management which the Board has declared unfair are: 1 Advice by foremen not to join a union. 2. Malicious remarks about trade-unions uttered on the part of officials having authority to hire and fire. 3. The use of spies to report union activities and membership. . . 4. Direct employer influence over third parties, such as local pol.ice or citizens, to _persu~de workers against having anything to do with umons. 5. Solicitation of employees to return to work when such action is calculated to break the ranks of workers legitimately on strike. 6. Summoning employees to company offices for the purpose of demanding whether they approve of or belong to a union. . 7, Hiring thugs to beat union members. 8. The use of propaganda to influence workers agamst their organization. th t 9, In general, any acts tending to ~use _fe_ar,, a loss of the job will result from UIUon act1V1ty. "1. The above list is not intended to be complete but merely suggestive of the kind of action ~hi~, when engaged in by employers or persons acting m I. 2. 3. To prevent employers or their agents from engaging in "unfair labor practices". To designate the bargaining unit which is to be used as a basis for employee representation in collective bargaining, and To determine the representatives of employees whenever a dispute over representation arises. 6. The National Labor Relations Board The National Labor Relations Board consists of three public members who are appointed by the President with the approval of the Senate. To facilitate the handling of charges of unfair labor practices and representation petitions, the Board maintains 22 regional offices. In his statem~t on signing the Act President Roosevelt pointed out that the Board would serve as an independent "quasi-judicial body" and not "as mediator or conciliator in labor disputes." 7. The Procedure Followed in Handling Unfair Labor Practice Cases The Board becomes an interested party in cases involving unfair labor practices when an employee or a union files a charge with the director of one of the 22 regional offices, claiming that the employer has engaged in one or more of the unfair labor pra;tices prohibited by the Act. The charge must be m 'ting and swom to before a notary public or an r;1ent of the Board. Charges are investigated by field examiners. If the charge has a basis in fact, a settlet of the points at issue is sought through con=ces. If the charge lacks merit it will ~e ~thdrawn by the party making the charge or disaussed b the Regional Director, but an appeal from such a Jsmissal may be made to the National Board. If it ppears that the law bas been violated and the charge ~IS not adJ'usted by agreement, the Regional . . Director li normally issues a complaint. In cases mvo1vmg po cy �THE NATIONAL LABOR RELATIONS ACT matters or unusual questions of law or of fact, he consults with the Board before taking action. If the Board finds that the circumstances warrant a hearing, it advises the Regional Director to issue a complaint and arrange for a hearing. If not, the charge is dismissed. In the event a complaint is issued, the Regional Director designates a time and place for a public hearing which is held before a Trial Examiner designated by the Board. Notice of the hearing is sent to all interested parties. The hearings are open to the public. The respondent is required to file an answer to the complaint within ten days, and this answer should "specifically admit or deny or ex'J)lain each of the facts alleged in the complaint, unless the respondent is without knowledge. . . ."8 If without knowledge, the respondent should state this fact in his complaint, and such a statement has the effect of a denial. If no answer is filed or if any allegation in the complaint is not specifically denied or explained, unless the respondent states in his answer that he is without knowledge, the Board is authorized to deem any or all unanswered allegations "to be admitted to be true." 9 All the parties at the hearing have the right to call witnesses, introduce testimony, cross-examine, and argue. The rules of evidence prevailing in courts of law or equity, however, are not controlling. . When the hearing is concluded, the Trial Exammer prepares his findings and recommendations on the record of the hearing. He may dismiss the case o_rder the employer to "cease and desist" labor prac~ tices that are unfair, or indicate the affirmative action the .employ~r must take to comply with the law. Copies of this report, called the Intermediate Report, are ~ent to the Board in Washington and served . upon the mt t d eres e parties. If the employer complies with the recommendations the case is closed An b • b • y su sequent ~ction y the parties must be taken up with th Board itself. e has th • h Either party . e ng · t to file a statement of exceptions to the Intermediate Report and t an oral argu bf o request m~nt e ore the Board. Should this ha iege~ ~ca(se .l S carefully reviewed by the Boarl s as IS true of all cases formall the Board.) and, on the basis of all the/ handled by uments including the Trial Ex . •, acts and docoral ara, ,ments the B d arnmker s report and the -c~ ' oar ma es a d •. ever the employer fails to 1 . eClS!on. Whenthe Board usually asks th c~~p ~ With that decision, e ircwt Court of Appeals for a restraining order or injunction. The empI . oyer also may request a review of the Board's order . which case the Circuit Court reviews the record ~ the case except the Board's findings as to the fac: which, if supported by evidence, are conclusive [Sec.' 10(e)]. It should be noted, however, that the courts have interpreted the word "evidence" to mean substantial evidence.10 The Circuit Court may dismiss modify, or uphold the decision. If the Court sustai~ the Board's decision it issues an enforcement order which the employer must obey or be guilty of contempt of court. Both the employer and the Board however, may appeal from the circuit courts to th~ Supreme Court. The Act gives the Board power to subpoena witnesses and examine pertinent records and makes persons who refuse to obey subpoenas guilty of contempt of court. Lastly, it subjects any person who willfully interferes with any member of the Board or its agencies in carrying out his duty to a fine of not more than $5, 000 or imprisonment for not more than one year, or both. It has not been necessary to enforce this provision of the Act. 8. The Procedure Followed in Handling Representation Cases Before collective bargaining can begin the employees must designate representatives to deal with their employer. In most instances such representation is obtained through the medium of some form of labor organization. Establishing such an organization gives rise to problems which become more complicated when the ranks of the labor movement are split and rival organizations seek to enlarge their member· ship as rapidly as possible in order to improve their competitive position. In representation cases the Board must determine the appropriate unit for collective bargaining and ascertain whether the bargain· ing agency for that unit has a majority representa· tion.11 If the agency represents a majority of the workers in a particular unit, the employer must ac• cept it as the exclusive representative of all the employees in the unit and bargain with it and all em· ployees in the unit must abide by the results. Where competing unions exist, the Board must also determine which of several labor organizations, if any, the majority of the employees want. Disputes of this character are classified as representation cases and should not be confused with complaint cases which THE NATIONAL LABOR RELATIONS ACT . Ive charges of employer violation of the pro• labor practices. • mvo . to unfair . • of the Act relatmg visions Distinction Between a Labor Organization and a Bargaining Unit It is important to note that the Act makes a distinction ben-veen labor organizations and the bar•rung unit. As defined in the Act (Sec. 2 (5)) a gai r organization is « any orgarnzation • • f kind Iabo . o any . , any agency or employee representation comnuttee or •• or plan, in which employees parb~pate and which . exists for the purpose, in whole or m part, of dealing with employers concerning grievances, labor disput~, wages, rates of pay, hours of employment, or conditions of work." A bargaining unit, on the other hand, comprises those classifications of employ:es that ~re to be included for the purpose of collective bargaming and to be covered by the resulting contra:t. The definition of the bargaining unit may specify the classes of workers to be included or it may list those to be excluded. It may be a craft, plant, company or a sub-division thereof. (Sec. g(b)) It is pertinent to note that the Board has designated a group of professional employees as an appropriate bargaining unit.12 The Board takes the position that any employee organization has complete freedom to define i~ membership qualifications as it sees fit as long as 1t keeps free of employer domination. In other words, ili:e composition of a labor organization, even though it • i'ts mem• includes professional workers and foremen m bership, is of no concern to the Board unless t!1e organization is employer dominated. Employer initiated or dominated unions are illegal under the Act, and therefore have no standing before the Board. ' ' The bargaining unit and the membership of a labor organization need not be coextensive and fre• • need not quently are not. A:n employee orgaruzation bargain for its entire membership. Indeed it may b~gain for employees entirely outside of its membership, As a matter of fact collective bargaining for a par• ' ticular group of employees may be done by an out· side individual a small committee, a union, or some ' • • that other association. All that the Act reqwres 15 the representative or representatives be of the ployees' own choosing and be free of employer douu• nation. en:· Determining the Bargaining Unit Section g(b) of the Act states that: "The Board shall decide in each case whether, in order to insure to employees the full benefit of their right to self-organization and to collective bargaining, and otherwise to effectuate the police, of this Act, the unit appropriate for the pwposcs of collective bargaining shall be the employer unit, craft unit, plant unit or subdivision thereof. Determination of the appropriate bargaining unit becomes necessary when the Board is asked to certify the representatives of employees inasmuch as such certification must be made in terms of a bargaining unit. The appropriate bargaining unit must also be agreed upon or determined by the Board in cases involving charges that an employer has refused to bargain collectively with the representatives of bis employees. Such complaints are sustained only where the representatives have been designated by employees in a unit appropriate for bargaining purposes. As the statute indicates the appropriate unit may be "the employer unit, craft unit, plant unit or subdivision thereof". Under this authorization the Board holds that "it must decide whether the appropriate unit in the case in question is industrial, including practically all the employees of a plant; senti-indui:trial including a majority of the employees; mult:1craf; including several groups of skilled workers; craft: including one group of skilled workers; or other group including only part ~f ~e employees. It must also decide whether the urut mcludes only one plant of one employer, several or all of the plants of a company, or a group of establishments of separate .. ,, 18 and independent comparues • Confilcting claims as well as overlapping jurisof years some• clicbons which go back over a period f b • • 't times make the determination o a argammg um a difficult task. The Board has been un~g _to l~y down a set of rules for resolving issues arismg m disthis character It takes the position that its putes o£ • , ch th der the Act is to decide ' ea case on e duty un ·ts basis of all the facts and circumstances" ~d pom out that this position is made necessary_ by 'the complexity of modem industry, transportati~, and com. n·on, and the numerous and diverse forms muruca h as hich self-organization among employees ~ ,, u While it has been unwilling to establish r i ; r:i1es, it has set up a number of criteria which it �--- THE NATIONAL LABOR RELATIONS ACT •de in the making of a decision. These uses as a gw .lG criteria as stated by the Board are. r. The history, extent and type of organization of employees, . . . The history of their collective bargammg,. . 2• 3. The history, extent and type of organization of employees in other plants of the same employer, or other employers in the same industry, 4. The skill, wages, work, and working conditions of the employees, 5 . The desires of the employees, 6. The eligibility of the employees for membership in the union or unions involved. 7. The relationship between the unit or units proposed and the employer's organization, management, and operation, and 8. Whether an association of separate employers is in existence exercising employer functions, and having a history of collective bargaining on a multiple-employer basis. No precise weight is given to any of the above criteria. In applying the above standards the Board seeks to bring together in a single unit those employees who have a community of interest which is likely to further harmonious organization and facilitate the aims of collective bargaining. Cases requiring the determination of an appropriate bargaining unit fall into two categories: those in which all parties agree upon the scope and composition of the unit and those in which conflicting or overlapping units are favored by one or more of the parties to the dispute. Where the parties "agree upon the scope and comP.osition of the unit, or a requested unit meets with no objection, the Board generally finds the agreed or requested unit to be appropriate". Objective standards of the kind listed above, however, "must be satisfied, otherwise the Board will not accept as appropriate the agreed or requested unit. ~ut the fact that there is no dispute usually is indica~ve 0 ~ the propriety of the unit."10 In those cases m which there is only one organization involved and the organization has been designated by approxim~tely 30 per cent of the employees in the bargaining !!111t, the Board usually will hold an election and, gener~y finds appropriate a unit of a breadth clearly m accordance with the desires of l and th • . emp oyees, . ~ll' c~~uruty of interest and extent of orgaruzation, if lt is justified by the form of . tion of the business . . . and Permitted byo~;n~:~~ Thus when the only labor organizatio . af basis, craft units are d' . n IS on a er t are industrial units w:e::\!~~;g:r.;oti~ria~e,.as dustrial".17 a on 1s m- Where overlapping organizations are requested by rival unions, the Board attaches "great weight to the relative homogeneity of the units sought and the bargaining history in the plant or industry. Unless counterbalanced by other elements, bargaining history is often a controlling factor" provided a contract, which contains fixed terms and substantive provisions and is applicable to all employees in the bargaining unit, has been negotiated.18 In those situations in which considerations fa. voring a craft unit and those favoring a more comprehensive unit are of substantially equal weight, the Board frequently applies the Globe doctrine-so named because the principle was first enunciated in the case of the Globe Machine & Stamping Company and the Metal Polishers U nion, Local No. 3, etc. The employees are permitted in a secret election to specify whether they want a separate craft unit or desire to be included with other employees in a larger bargaining unit. Usually if a majority of a given craft or related crafts vote for a craft unit, the Board rules that the craft shall be the bargaining unit, and if the majority vote for the larger bargaining unit, the Board denies separate representation. The wishes of the employees, however, are not always determinative because "the Board makes its findings of the ap• propriate unit upon the entire record, including the desires of the employees as reflected by the election results".19 As a rule, clerical and professional employees are not included in the same bargaining unit with production and maintenance employees in those instances in which objections are raised to such an arrangement. The Board, moreover, has definitely shown a willingness to exclude both professional employees and related technical employees, such as draftsmen, checkers, detailers, tracers and research assistants of various kinds from bargaining units of clerical and office workers. Professional and technical employees jointly have been excluded from heterogeneous bargaining units in well over a dozen cases. The Board has also shown a disposition to recognize "the appr<: priateness of units of professional employees". It 15 advisable, therefore, for professional employees who desire a separate bargaining unit to inform the Board of their wishes as soon as possible after the represen· tation issue arises. The rights of supervisory employees under. the Act have been subject to conflicting interpretaoons • 1·t bas on the part of the Board. In recent decisions THE NATIONAL LABOR RELATIONS ACT that foremen are employees within the . declared ·ng of the Act and as such have the nght to be meam . b . . . d . . d in an appropnate argammg urut an to 30m 1 P aceuxiliary of and be represented in collective baran a . . dmi . ttmg t_o mem• ·ng by a labor orgaruzation a ~::hip the rank and file employees working in the same establishment. 20 The Determination of Employee Representatives A number of situations make it necessary for the Board to ascertain the representatives of employees in a given bargaining unit. Such action is taken: J. 2. When the employer refuses to recognize a union as the c.xclusivc representative for any reason but for the most part because (a) he has a doubt as to whether the representatives speak for ~e majority of the qualified employees, (b) he dis• approves of the proposed bargaining unit, ~r ~c) he desires to obtain formal B_o~d de!enrunati?n of the composition of the bargammg urut or official . . certification of the bargaining ag?3~Y• When rival unions present conflicting claims '?th respect to the right to act as the representatives of the employees or because of a disagrceme~t as to the classifications of employees that constitute an appropriate bargaining unit. With respect to disputes of this n~ture ~e Board is required to investigate the issue or ISsues m~olved, determine the choice of employee representatives by secret ballot or by other suitable means, and to c~tify the exclusive representative should one be designated by a majority of the employees voting. (See 9(c)) . . beAny person or labor organization acting on . half of employees may petition the Board for an. mvestigation of a claim to majority representation. Where two or more unions each claim to represent the same group of workers, the employer also may ask for an investigation and a determination of the issue. . d A petition must be filed with the Regional Boar in the area in which the dispute has arisen, A preliminary investigation is conducted by a Field ~ iner who ascertains ( 1) whether the employer 1;> su:; ject to the Wagner Act, (2) whether a quesoo~ representation exists and, if so, (3) the appropnateness of the proposed bargaining unit. When the facts disclose that the case has no merit or the Board has no jurisdiction the petition is either withdrawn by the filer or disxcissed by the Regional Director. If tbe petition is dismissed, the filer may appeal to the Na- tional Labor Relations Board for a review of the action. Should the investigation, however, develop that the petition has merit, an attempt is made to secure an informal adjustment. Several procedures have been developed for this purpose. Informal Arrangements. In those cases in which the interested parties agree to abide by the results of a check of the signatures on applications for union membership or other union records against the names on the payroll furnished by the company, the process of determination is known as a cross-check settlement. This procedure can only be used where an agreement has been obtained both as to the composition of the bargaining unit and the date to be used to ascretain who is eligible to vote as disclosed by reference to the company payroll. When the final disposition of the case is made by an agent of the Regional Office, it is called a consent cross-check settlement and when, at the insistence of either party, it is made by the National Board, it is referred to as a stipulated crosscheck settlement. Sometimes the interested parties agree upon both an appropriate bargaining unit and the payroll date to be used as the basis of eligibility but one of the parties is unwilling to have th_e issue determined by a cross-check. In such instances the Board's agent will usually recommend an election. If the parties voluntarily accept this procedure and agree to do so in writing, an election is conducted by a represen.tative of the Board. When the agreed-upon election erves as the basis of an informal report by the Re~onal Director and the parties auth?rize _him to make th final determination of the questions involved, the pr:cedure is called a consent election. On the other h d when the agreed-upon election becomes the banis 'of a formal decision by the Board itself and the :al determination of the issue is left to the Board, the procedure is known as a stipulated election. Of the 31,222 representation cas~ handled by th Board in the first 9 years of operaoon, about 70 e: cent were settled by informal arrangements. Of ~e cases closed in the informal stages, I I per cent were adjusted by consent cross-checks? 48 per cent by consent elections, four per cent by stipulated cro:checks and elections, and 37 per cent as the res t of WI'thdrawals or dismissals. The bulk of . the repre.,: petitions which were not withdrawn or sentauon . !l1 di missed were settled by elections. s Ordered Elections. Sometimes the ~oard's agent cannot get acceptance of any of the informal ar- �THE NATIONAL LABOR REL ATIONS ACT 20 since 1938. The second important trend is the marked increase in representation cases which means that there is a growing tendency to use elections instead of strikes to secure union recognition and the right to bargain. 10. Act Declared Constitutional On April 12, 1937 the Supreme Court of the United States in a decision involving five separate cases sustained the constitutionality of the National Labor Relations Act. The majority of the Court held that the Act may be construed "so as to operate within the sphere of constitutional authority", that "the right to organize and select their representatives for lawful purposes" was a fundamental right, and that "discrimination and coercion to prevent the free exercise of the right of employees to self-organization and representation is a proper subject for condemnation by competent legislative authority".2~ 1 Vol 79, Congressional Record No. 102, pp. 7952, 7960. Qu~tcd by Feller and Hurwitz: How to Deal with Organized Labor, p. 199. Alexander Publishing Company, Inc., New York, 1937. 2 The de~tion_s of "commerce" Md "affecting commerce" co~~ed m the Act may help to clarify the meaning of 'intcntate commerce". Sec. 2 (6) The term "commerce" means trad traffi commerce, transportation, or communication O::ong ;~ several S~tC$, or bctwe~ the District of Columbia or anu!' Terr1t~ry of the United State$ and any State or o er Terntory,. or between any foreign country and ~y .State, T':""tory, or the District of Colu b. within the District of Columbia or any T ~ ia, or between points in the umc State but ~ or other Sftate_or any Territory or the District of C~um~! or any oreign country. o-:;, Sec. 11 ( 7) The term "affecting commerce" m=s • cothmmercc, or burdening or obstructing co m h • mmcrcc or c free flow of commerce to lead to a labor disput; '::urda~g led or teod!ng cnmg or obstructmg commciec or the free Bo Of F di • w commerce 3 or a scuss1on of the chan in • • merce ,cc Fcllcr and Hu~vig concep_t of mtcrstatc com• 0 4 Ninth Annual Report o{ the ~ 1?· ~ -• pp. 204 to 2 19. Board, Fiscal Year ended J • alion Labor Relations ment Printing Office, was:~e so, 1944, U. S. Govcm5 Section 6(a) gives the Board a ~n,. D. C., 1944, p. 37. and ?C$cind rules and rcgu]atiu onty to make, amend, l?e provisions of the Act. ons necessary to carry out o Section 9 (a) scta forth the conditi representatives of cmplo ·ecs in ons und~ which the ing unit shall become th~ c cl _an appropnate bargain. employees in such unit fox us.vc representatives o{ all gaining. r purposes of collective bar- 7 Quoted from What Workers and Employers Should K .A.bout the National Labor Relations .A.ct by Ed •now Smith, a former member of the Board. Repnnt1f S. Labor Information Bulletin, Bureau of Labor St • ~Ill U. S. Department of Labor, June 1937 (Revise~tlsJt:ics, une 1939) . 8 National Labor Relations Board: Rules and R ecul ( Series 4, Effective September 11, 1946. u. s Ga ion.s, . . Offi W . • ovenimcnt P rmtmg cc, ashington, 1946 p. 4 OJbid. ' • 10 For the standards of judicial review of Board Findio enunciated by ~c Supreme Court, sec Medo 0: Supply Corpor:iuon v. NLRB 645 c.t. 30, :ind cases referred to thcrcm. See also Ninth Annual Report of th NLRB, Fiscal Year Ended J une 30 1944 pp 5 , 52c 11 Dr. William M. Lciserson has pointel out that ,;if a're~ rcsentative is to be chosen, he must have an elcct.io district which is his constituency. But the law docsn~ establish election districts. Therefore the Board must define the district in every case, and 'that is called the barg:i.ining unit." 12 It h~ permitted professional employees to express their desires for a separate bargaining unit or for a more comprehensive unit including also technical :ind sometimes . non-technical employees in cases involving the Alummum Company of America, the General Electric Co~pany, the _Lockheed Aircraft Corporation, the Radio Corporation of America, the Shell Development Company and the Standard Oil Company of Indiana. It should not be assumed, however that ccrti.6t:ition will be based solely on the d ~ of professional employees. See the discussion of bargaining units in Chapter VI, pp. 47 to 50. 18 Seventh Annual Report of the National Labor Relations Board, Fisc:u Year Ended June 30, 1942, U. S. Government Printing Office, Washington, D. C., 1943, p. 59. H Ibid., p . 59. li> Eighth Annual Report of the National Labor Relations lloard, 1943 (Fiscal Year), U. S. Government Print_ing Office, Washington, D. C., 1944, p. 53. 16 Ninth Annual Report of the National Labor Relations Board, 1944, fiscal year, p. 33. 17 Seventh Annual Report of the National Labor Relations Board, 1942, fiscal year, p. 60. 18 Ninth Annual Report of the National Labor Relations _Board, 1944, fiscal year, p. 3410 Nmth Annual Report of the National Labor Relations Board, 1944, fiscal year, p. 34. 2 For discussion of the status of supervisory employee$ see Chapter III, pp. 27 to 28 inclusive and footnote 4· 21 Ninth Annual Report of the National Labor Relations lloard, Fis~ -year Ended June go, 1944, U. S. Gov• crnment Prmtlllg Office, Washington, D. C., p. 11. 22 Ninth Annual Report of the National L abor Relations Board, Fiscal Year Ended J une 30 1944, U. S. Gov• emmcnt Printing Office, Washin~n, D. C., 1944, P· 28. 23 Series 4 (49 Stat. 449), Effective September 11, 1946, PP· 23 to 25. u Annual reports of the National Labor Relations Board, especially those for 1942 (p. 58) and 1944 (p. 32)°. ~ Jones & Laughlin Steel Corporation Case. The other cases were the Washington, Virginia and Maryland Couch Company Case, the Fruehauf Trailer CoinpanY C:ue, the Associated Press Case and Fricdrnan-liarrY Marks Clothing Company Case. ' l: ° Chapter II WHAT THE PROFESSIONAL SOCIETIES HAVE DONE AND ARE DOING }>RoFESSIONAL soCJETIES have a primary interest not only in advancing ~ e the.o ry and practice of ~e sciences or arts in which their members have acqwred a special competence but in maintaining a high professional standing among their members. Any legislation which might affect the status of professional employees becomes of necessity a matter of real concern to these societies. That concern was augmented ( 1) by a persistent effort to bring architects, chemists, engineers, and other professional employees into heterogeneous labor organizations comprising both professional and non-professional employees and ( 2) by the request of members for guidance in dealing with the situation. Confronted with a problem which fell outside the scope of their normal fields of activity, a number of societies appointed committees to study the issues involved, and, in some instances, to formulate programs which would help their members to obtain the type of employee-employer relations they desire. A brief summary of the activities of these societies is an inherent part of any discussion of collective bargaining for professional employees and should be read by those who desire an understanding of the problems confronting societies which desire to give assistance and guidance to their members. THE ACTIVITIES OF SOCIETIES A ssoCIATED WITH ENGINEERS J OINT CouNCU.. Five professional societies are represented in En· gine~rs Joint Council. Through their presidents, im· mediate past presidents, and their secretaries, they are studying common problems confronting their societies an~ exploring ways and means of coordinating their society activities. An examination of the action taken by ~ch of these societies with respect to labor organi· zations and collective bargaining for professional em· ployees follows: 1 The American Society of Civil Engineers .As early as 1937 the American Society of Civil Engineers appointed a Committee on Unionization. After a preliminary survey the Committee recommended ( 1) that the Society refrain from seeking to amend the National Labor Relations Act for the purpose of excluding professional employees, (2) that it attempt to secure an amendment, if necessary, which would clarify the position of professional and subprofessional men under the Act, (3) that it stand ready to cooperate with other Founder Societies, or with state and national professional societies, in the establishment of temporary or permanent agencies to represent engineers in collective action in a dignified, professional manner whenever necessary, and (4) that, to minimize the need for collective action by engineers as well as to assist its members in establishing and maintaining adequate and reasonable uniform compensation for the several grades of engineering employment, the Society should adopt a schedule of grades and minimum compensation. The increasing interest in collective bargaining for professional employees, as reflected by the growth of unionization among engineers and the number of disputes involving professional employees submi~ed to the National Labor Relations Board for deterIDJJ)a• tion Jed the Society in October 1941 to change ~e n~e of the Committee on Unionization to ~ommittee on Employment Conditions and broaden its ftmctions. I t also appointed a full-time staff member ~o . t the new Committee in its work. The CoIXUJllt~lS . tee carried on its investigations, including a nationwide survey of collective bargaining among p~ofessional employees2, and placed itself at the service of its employee and employer members .on. all_matters relating to employment conditions, uruoruzation, .and collective bargaining. In July 1943, the Colll.lXlltteed cd e.'<isting Jaws an blished a report wbich an al'fZ • pu . -'--A . tant decisions and rulings of Fedsunun= unpor di • d eral agencies relating to employment con tions an . • s collective bargairung. As a result of its study of the legal aspects off ctholth findings of its survey o e . . Jective bargairung, _e lo ees with labor ore>-"J>erience of profesS1o?al emp .y. and the diffiganizations and collective bargauung, �---- PROFESSIONAL SOCIETIES' ACTIONS PROFESSIONAL SOCIETIES' ACTIONS culties which some of its members encountered in securing sepai;ate bargaining units in certain of the early cases coming before the N.L.R.B., the Committee in October, 1943 recommended that the Society institute bargaining facilities for civil engineers. In order to accomplish this function, the Committee recommended the adoption of the following three-phase program as necessary in order to implement that objective; ( 1} that the constitutions of the Local Sections of the Society be amended to establish bargaining groups within the geographical limits of each Local Section area, (2) that assistance be given these groups by the employment of four field representatives, one to be operative in each of the four Zones, and (3) that an adequate definition of professionallyminded employees be adopted as the basis for the collective bargaining groups proposed. , Experience under the plan, which had been adopted by the A.S.C.E. Board of Direction on October II, 1941, led to certain interpretations of the original amendments to the constitution of Local Sections. The recommended procedure now is for the Local Section's Board of Directors to appoint an "Interim Committee on Employment Conditions" composed of employee members of the Section. This Committee assists in the formation of a "group of pro_fes.sional engineering employees"-a voluntary ass0C1ation not only of employee members of the American ~ociety of Civil Engineers, but of similar members m other branches of the engineering profession who_ reside or work in the area in which the Local ~ection has jurisdiction. Membership in the "group" ~ not confined to engineers who are employees of a smgle employer. The Interim Committee on Emplo . ment Conditi • authonzed • Y . ons is to prepare a roster of professional engineering employees Ii "bl f ,, e gi e or membershi in th " f IiP_bl e group ' to collect dues, call a meeting ; e gi e persons and designate a Chairman and . ecretary, who are to serve at the organizati mg of the "group" Th 1 . . on meetI ..• e ntenm Committee on Em~ oyment Conditions appointed by the L l S tion's Board of D.irectors ceases t f • oca ec0 as the "group" 1 ts . unction as soon e ec its own "Co • ment Conditions" f . IlllIUttee on Employ. rom among its members. . Working through its own dmin" the Committee on Empl a istrative body, oyment C di· independent of the A.S.C.E Lon tions,_ entirely "group" assists in the f : ocal Section, the . ormation of "units" pnate for the purpose of collective bar . . app:oare composed of prof • al . gaming which ess1on engmeers "who have been accredited by their fellows as membe professionally-minded homogeneous group". ~ _of a " " w1·11 " act as a body ofismen expectedthth~t thethgroup sympa etlc to e preservation of their profess·1onal . status through collective bargaining procedur b "U"" • • •• esy ruts • 1 . .constituting a maJonty of those profess1ona engmeenng employees employed by a specific player".4 em. The recommendations of the A.S.C.E. Committee on Employment Conditions have been favorabl rece~ved by the membership of many of the Loc:i Sectlons. By April 1944, about 87 per cent of th members in 27 Local Sections had voted in favor 0~ them. In the fall of that year, the A.S.C.E. Board of Direction concluded that the Local Sections could appoint an "Interim Committee on Employment Conditions" to assist in the formation of a "group of professional engineering employees" without amending the Constitution of the l:ocal Section.5 As of February 1945, 30 of 64 Local Sections had amended their constitutions in accordance with the Committee's recommendations and two other Local Sections had set up "Interim Committees on Employment Conditions" without modification of their constitutions. In a statement to a Subcommittee of the House Labor Committee on July 19, 1946, the Society proposed three specific points of fundamental importance to professional engineers for consideration in drafting new labor laws: o " ( 1) any group of professional employees, having a community of interest and who wish to bargain collectively, should be guaranteed the right to form and administer their own bargaining unit and be permitted free choice of their representatives to negotiate with their employer, ( 2} no professional employees, or group of employees, desiring to undertake collective bargaining with an employer, should be forced to affiliate with, or become members of, any bargaining group which includes non-professional employees, or to submit to representation by such a group or its designated agents, and (3) no professional employee should be f?rccd, against his desires, to join any labor organiza• ti?n as a condition of his employment or to sacrifice his right to individual, personal relations with his eIIl" ployer in matters of employment conditions." . Recognizing that existing labor laws as adtoinistered are not in accord with the foregoing three fundamental principles, it is the policy of the Axneri· can Society of Civil Engineers to exert every effort modification of existing labor laws and their towar• d· tration to the end th at the foregomg • pnn• ad nunis d • • di . ciples shall prevail. fAthlso Sun _er ~x.1stin~ con ti.ans th .:pressed policy o e ociety 1s to give a11 prac. e ; assistance to its members in the field of colucative bargaining • •msof ar as funds, staff • fac1"lities, • 1ec ·11 • . . and legal limitations w1. pemut.. . The American Society of ClVll Engineers is parti 'patina in and supporting the work of the Com<:1ttee 0~ the Economic Status of the Engineer of :gineers Joint Council. ~his Committee, am~ng other activities, is engaged in a study of collective bargaining and th e formulation of a policy on labor law and labor legislation for the guidance of the Council and the cooperating societies. A major objective of the Commit tee is the development of a common approach to the problems of collective bargaining for professional employees to which all par• ticipating societies will want to subscribe. The American Institute of Mining and Metallurgical Engineers The following statement has been submitted by the Secretary of the American Institute of Mining and Metallurgical Engineers: "The American Institute of Mining and Metallurgical Engineers has taken the position that as an organiza• tion it cannot properly instigate, promote, or sponsor the establishment of collective bargaining groups or units, if, for no other reason, simply because a substantial proportion of its members are either employers themselves or are definitely part of 'management'• It does not regard membership in a union by a _Professional engineer as being in any sense reprehensible; and believes that participation by an engineer-~ployee in organized collective bargaining should be decided_ by th~ individual employee on the basis of his own situation at a particular time and place. "Through its magazine 'Mining and Metallurgy' it h:u published a great deal of factual information regarding collective bargaining; and the views on th_e subject-pro and con-of dozens of its members. It is an active participant in, and ~upporter of, the wor~ of the Committee on the Economic Status of the Engineer of Engineers Joint Council". The_American Society of Mechanical Engineers In t930 the American Society of Mechanical Engineers began the first of a number of factual s~dies dealing with the economic status of the en· ~eer. During the period 1937 to 1940, unioniza· tion and the problems of collective bargaining, to the extent that they dealt with professional employees, were made matters of intensive study and reported in Mechanical Engineering, the journal of the Society.7 The Society, which played an important role in the formation of the Committee on the Economic Status of ili,e Engineer, is actively participating in and supporting the work of that Committee. The American Institute of Electrical Engineers . The impact of unionization and collective bargaining on professional engineers led the Board of Directors of the Institute to authorize the appointment of a Committee on Collective Bargaining and Related Matters on January 27, 1944. This Committee made a careful study of the National Labor Relations Act insofar as it affected professional employees as well as the factors, conditions, and issues involved, and recommended that the Institute adopt the following tentative policies and procedures: 8 Prepare a manual for members representing the essential facts about the American Labor Movement and the National Labor Relations Act (Wagner Act) and setting forth ( 1) what the Institute may and may not do and (2) the counes of action that arc open to its mcmben. 2. Seek the establishment of a joint committee composed of representatives of the various ~gineering societies which would serve as a cleanng ~ter for these associatiom and, in those cases tn which two or more societies desire and have the right to intervene a, a friend of the court on behalf of their mcmben, make arrangements for a com• mon counsel.* * -The committee has been informed tha.t the ~titute generally will have little opparturu.ty to mt~vene as a friend of the court m labor cases mvolving enginccn. It believes, howev~, that such be both possible and desirable under . action may . . ·u would rt . circumstances. A JOmt colDIDI cc . :a~: each society to join with oth:r engmeering societies, to act alone, or !o reiramdfro'1;1 an: action depending upon the JSSUCS an cucum • stances in a given case. blish a continuing committee on collective S· Esta . . d related matters in order that the bargauung an be kept informed about new develJnstitute may . • n.ization and collective opmcnts concerning WllO bargaining. tab)ishing collective-bargaining hich arc directly or in. Refrain from ~ 4 agencies for ~n~ee~thwthe Institute or its Secdirectly assot1ate .~ in any way in the actual tions, ~d from~:=tion of a labor organizaformation or a tion for engineers, • 1. endations were tentatively • te The above recorom d f Direetors of the I nstitu approved by the Boar ~ further consideration by on May !Z9, 1945, penh g The report including its b rship as a w o1e. ' • ::=n~ations, was forwarded to the Committee �PROFESSIONAL SOCIETIES' ACTIONS PROFESSIONAL SOCIETIES' ACTIONS on the Economic Status of the Engineer f~r its examination and comments. Without attemptm~ to p3:s judgment on its findings or recommendations ~ Committee recommended that the A.I.E.E. tenta~ve report be published promptly in the ~on~ly pu~li~ations of the various professional engmeenng societles in order that comments and criticisms from engineers in the various branches of the profession would be made available. The Institute also is participating and supporting all other activities of the Committee on the Economic Status of the Engineer of Engineers Joint Council. The American Institute of Chemical Engi.neers The American Institute of Chemical Engineers has not announced an official organization policy pertaining to collective bargaining for its members. That it. has an interest in these matters is indicated by its participation in and support of the work of the Committee on the Economic Status of the Engineer of Engineers Joint Council. THE ACTIVITIES OF OTHER SOCIETIES There are a number of other societies which have taken a keen interest in collective bargaining for professional employees and the rights of these employees under the National Labor Relations Act. Their activities are briefly summarized below: The American Association of Engineers The American Association of Engineers has actively opposed unionization of professional engineers since _its inception. In the period 1915-1919, when technical employees of the railroads were being absor_bed in the Chicago Local ( # 14) of the draftsmen's umon of the American Federation of Labor "the Ame~c~ ~ociation of Engineers counter-org~nized, formmg railway sections' all over the nation which were virtually chapters of the Association, and represented these groups before the U. S. Rail W Board." · way age The Association has refused to convert itself into . of a "labor organization, capable within the meaning the Act (NLRA)' of representing orgaruz·ed engm · • ll"b .. eers . d . m co ective argammg". Instead it "o . rgaruze m 1937 a National Mediation Co"'-:ttee hi h ··all" ......,.. we was ongm Y intended to do these things":& To review the work of the National L b R 1 . a or c at.ions Board in reconnaissance reports, !o assist members involved in representation proceed. mgs. To advise members as to how they may attempt to p serve their autonomy with respect to collective barga: ing. To assist members who form their own organizations to draw up contracts. To serve as mediators in disputes involving members of the Association. To suggest arbitrators when requested to do so. In 1944 the Association published T echnologists' Stake in the Wagner Act.10 This volume examines the impact of the National Labor Relations Act on scientific and engineering employees and summarizes the findings of the National M ediation Committee which for seven years had made a careful study of the decisions of the National Labor Relations Board relating to the status of professional employees. In December 1944 the National M ediation Committee recommended to the Board of Directors of the Association that it sponsor an attempt to secure an amendment of the National Labor Relations Act which would ( 1) authorize a federal agency to classify all positions in the field of technology and related mechanical arts, trades, and crafts, ( 2) require the National Labor Relations Board to accept this classification as the standard to be used in distinguishing between professional and non-professional employees, and (3) to make it compulsory for the Board, in determining an appropriate bargaining unit, to permit professional employees "to waive or exercise rights of self-organization and designation of representatives, in fully autonomous units, restricted to and con· trolled by technologists". The Association approved the recommendations and circulated a petition for the signature of persons in the professions having an interest in the matter. The petition urged the Senate Committee on Education and Labor ( 1) to recommend to the Senate the inclusion of the above recommendations as amend· ments to the Ball, Burton, Hatch Bill (S-1171) or (2) to propose such an amendment to the National Labor Relations Act should Congress reject the Ball, Burton, Hatch Bill. The National Society of Professional Engineers11 Because "the Society is 'compose~ of employers and employees alike, the legal qualification as P;0 • fessional engineering being the basis upon which membership is predicated, it cannot act as a Collec- •nmg Agency. Nor does it aspire to such ticular attention has been directed, howtive B3!ga1p 1 ar • ansmg • • from role a • d the unwholesome condition evei:, tow.ar ployees being required to join labor eng.1J1eer em . l . d . hi h contained many d1verg~t e ements an unions w de quately represent the professional viewdid not a e • t" poin • 1 the Society "favored an amendment to . In • 937,I Labor R elations Act which .would exthe Nationa sion al employees from the reqwrement to clude profes . al . . t d by any non-profession orgaruzation . . ,, be represen e . for collective bargrurung. to a SubcomDllttee of the House statement I a • ty sai•d "that L b rnCommittee in July 1946' the Socie that 'No emrineering employee or group . aboli it e eves . o . . b • of employees should be reqwred to ~at; or e mcluded in a bargaining unit whose pn~c1pa~ x:epre• sentation is composed of other workers with divergent interests and background.' " 'Any group of engineering employees s~o:11d have full freedom to form their own bargamlllg agency; should have complete and total contro~ ove~ •its poIicies • and actions., and should have choice • ti o their own representatives in whatever negotia ons • empIoyer.'" they desire with therr The policy of the Society is "to report, anal_yze, and recommend as changes in existing labor leg_islation are proposed. The objective of this effort 15 to • • I engmeer • the right to adto the profess1ona msure vance his status through an agency. of his own choosing." The American Chemical Society13 • • for Although the matter of collective bargauung • professional employees had been given close atten. tion by the American Chemical Society for som~ tune, • until no official action was taken by the Society . Sep• th B d of Drrectors tember 1941. At that -time e oar d announced ( 1) that the Society would take no stan against collective bargaining for professional ployees provided "such bargaining is not contro e_ by non-professional groups" and "the bargaining uruthtt • composed exclusively of profess1ona • l men,,, (2) . a 15 •it was "unalterably opposed to the forci"ble inclUSion . d of professional men in bargaining units do~ate) and controlled by non-professional employees ' ~3 th at it was "opposed to affiliation with any orgaruz~tion that conditions promotion primarily on the basis • . • • any labor 0f , senionty' or that insists that they JOlll d ' • • " an 0 rgan.iza,tion where they would be in a :minority ' r~ 25 (4) that it would "bend every effort to maintain for all its members the 'right to work' and the 'right to employment and promotion' on the basis of worth and merit". Shortly thereafter, the Board had an opportunity to apply its statement of principle. In the laboratory of the Shell Development Company at Emeryville, California, organizers of the Federation of Architects, Engineers, Chemists and Technicians, CIO, set out to include professional employees in their organization, in which the non-professional workers outnumbered the professional employees. The latter vigorously protested, and with the help of a competent legal counsel provided by the American Chemical Society, were able to secure a bargaining uni~ of professional employees for the purpose of elections and eventually to prevent their inclusion in a ~eterogene. . ous bargaining unit.14 The Society has consistently taken the positi~n that inasmuch as its membership includes both mdividuals and corporations and the individual m~bership comprises employers as well as emplo~ees, it as its local sections are barred from acting for as well • f its employee members as a representative or p~of collective bargaining. It has adopte~ d ~poses ,, "ch "cal mteme' emi ' tions of "professional employee ' "t chnician" and has published a report on d an e !. . al Employees".IG "Collective Bargauung for Profession The American Institute of Chemists . The American Institute of Chemists, an o~. d "th the "business problems, public zatton concerne__wi "bili"ties" of chemists, has d civic respons1 d • re1anons an . d m· the professional an tim been mtereste e th ch • t It has recently pubfor some • tatus of e enns • econoIIllC s el ti nship between employer lished a report on. th~ r la o is The Institute has . d thelf emp oyees. cherrusts . to cer.....,. •~:" developments per. an ·aeration also given consi . . , for professional emtaining to collecttve bargammgul ted an official statet has not form a ployees but as y~ . this aspect of employee-emroent of its pOSition on the Institute has given . ti ns However, ployer rela o •. th licensure of chemists. much consideration to e EcoN0MIC STATUS COMMITTEE ON THB 11 OF THE ENGINEER . . entatives of the Aroencan Early in 1944_rep: . eers and the American Society of Mech~cal En~ eers began to e>.'Jllore Institute of Electrical ~ the economic welfare means of prorootillg ways and �PROFESSIONAL SOCIETIES' ACTIONS of professional engineers, Later, r~presen:8-?ves ?f the American Society of Civil Engmeers Joined Ill these discussions. As a result of these meetings, there was established a joint Committee on the Economic Status of the Engineer, whose function it was to make studies and to conduct surveys when deemed necessary. Somewhat later, the American Institute of Mining and Metallurigcal Engineers and the American Institute of Chemical Engineers joined the Committee. More recently representatives of the National Society of Professional Engineers have also joined in the work of this Committee. This joint Committee is now a comittee of Engineers Joint Council. The Committee on the Economic Status of the Engineer, at present, has three survey committees. The Committee for Survey of Practice Regarding Engineering Graduates is engaged in ascertaining, from a representative group of industrial employers, their "policies and attitudes pertaining to the selection, training, placement, advancement, guidance and professional activities of graduate engineering employees". A Committee on Survey of the Engineering Profession has undertaken "to obtain directly, through a questionnaire to about 100,000 member engineers, specific facts which reflect the economic status of engineers". I ts survey will obtain factual information ".covering educational levels, years engaged in practice, branch of engineering, field of specialization annual income and similar information". A Commit: tee on Collective Bargaining by Engineers in Professional Work is studying "the problem of collective barg~g as it affects, or may affect, engineers in professional work and in training for professional work". Th: functions assigned to the Committee on the Economic Status .of the Engm·eer "are solely mves • tt·• . . gatlona1 and advisory, and any action that might be taken by any of the cooperating societies as a result of the studies made by the Com.mitt • ' ee, lS a matter to b d ·d d e ec1 e upon eventually by the Boards f n· t fth. di. o .ireccors o · e m vidual societies"• Working through its Ommlttee on Collective Bargainin b E . . . Professional Work, the Com.mitt g yth ngmeers m J• ee, at e request of E · n~eers omt Council, has prepared and submitted a policy for the guidance of the member soci ti . .elation. ~m matters pertaining to labor laws and labor Iegis 1 Source&: -"Collective Bargaining-A Hi t • . Engineering, July 1944, s oncal RcVIcw", Civil -Boughton, V. T.: "Where W S d c tan on Collective Bargaining . for Engineers", Engineering News-Record, Feb. 8, 1945. - "Activities of the Committee on Employment ditions, 1937 to the Present", Civil Eng'g., Feb. 19: · -"Engineers Protest Affiliation with Sub-Profession' • als", Civil Engineering, July 1943. - "Collective Bargaining for Professional Engineers" Civil Engineering, Nov, 1943. ' -"Supplementary Recommenda tions Issued by Committee on Employment Conditions", Civil Engineering, May 1944. - "Collective Bargaining Setup Modified by A.S.C.E Board," Engineering News-Record, Oct. 19 1944, • 2 The findings of this survey were published unde; the title Self-Protective Groups of Engineering Employees, July 1942. 8 Tl,e Engineer and Collective Bargaining, J uly 1943. 4 "Supplementary Recommendations Issued by the Comm.ittce on Employment Conditions", Civil Engineering, May 1944, pp. 214-217. 5 "Collective Bargaining Setup Modified by A.S.C.E. Board", Engineering News-Record, Oct. 19, 1944. O "Society Asks Freedom for Professional Men in Collective Bargaining Process", Civil Engineering, August 1946. 7 Herron, James H.: "Unionization of Engineers", M echanical Engineering, Nov. 1939, pp. 788-789, 822; and discussion, M echanical Engineering (1940) pp. 67-72, 155-160, 243-246, 328-331, 411-412, 478-481, 562-565, 827-828; also 19,p, pp. 475-476. 8 See tentative "Report of the Committee on Collective Bargaining and Related Matters", American Institute of Electrical Engineers, Electrical Engineering, July· 1945. From statement prepared for the Committee by M. E. Mclvcr, National Secretary of A.A.E. Sec also Professional Engineer, April 1934, pp. 9-12 and 12-18. lO Prepared by M. E. Mciver, H. A. Wagner, and M. P. McGirr. 11 Based on a statement of the Society's policy supplied by Paul H. Robbins, Executive Director. 12 The American Engineer, the official publication of the National Society of Professional Engineers, March 1944. 13 Sources: -Collective Bargaining for Professional Employees, Report of the American Chemical Society, January 15, 1944. -"Employer-Employee Relationships for Professional Chemists as Recommended by the American Chem• ical Society", News Edition, Sept. 19,p, pp. 10141015. -In the Matter of Shell Development Company, R-3245, January 13, 1942. 38 NLRB 192 and NLRB 1196. Also R-4791, February 13, 1943, 47 NLRB 507. -Wagner, H. A. : "The Wagner Act and the Engi• nccr'', Professional Engineer, June 1945, p. 38. u In 1943, the Chemical Workers Union, No. 22606, A, F. of L., sought to organize the professional employees of the Monsanto Chemical Company at its plant in Everett, 'Mass. The chemists assisted by the Society were able to prevent inclusion in a heterogeneous labor organization. (Case No. 1-R-1626). lG Prepared by Elisha Hanson and published January 1944, 16 The Employed Chemist and His Employer, a report of ~c Committee on Employer-Employee Relationships which was published in The Chemist, Vol. XXII, Nos. 9, 10• 17 Based on a statement published by the Committee on the Economic Status of the Engineer, March 27, 1946. Chapter III c ° AN EXAMINATION OF PROPOSALS MADE BY PROFESSIONAL EMPLOYEES TO MODIFY THE WAGNER ACT . D TUJU3ED by the efforts of labor organizations to h~:e them included in bargaining u~ts and bargain. agencies along ..,vi.th sub-professional and non~~fessional employees, professional employees, and p metimes their societies, • h ave suggestd •• e some w . . revmon of the National Laboi: R elations Act in the interest of preserving professional status. It seems advisable to examine these proposals. Five legislative proposals have been suggested. They may be st ated as follows: 1. 2. 3. 4. 5. Exempt professional employees from the provisions of the Na tional Labor Relations Act. • Establish a separate tribunal for dealing with the representation and bargaining rights of profcs• sional employees. Exclude professional employees from heterogeneous bargaining groups and bargaining units. Allow professional employees to waive their rights to bargain collectively. Require the National Labor Relations Board, to permit professional groups of employees to d~c~de for themselves by majority vote the bargalillllK unit in which they shall be included as well as the bargaining agency that shall represent them. Each of these proposals will be analyzed to deter• mine the extent to which it would enable professional employees to attain their objectives. Seek Legislation Which Would Exempt Professional Employees from the Provisions of the N.L.R.A. Exemption of professional employees from the provisions of the National Relations Act does not seem ~ promising solution of the problems facing profess1onal employees. The Act applies to all employees working in establishments in or affecting interstate :mmerce. ~robably it would be very difficult to _jus· . Y exemption of professional employees, especially smce some of them might protest such action.1 It has bee~ pointed out that even if this objective could be achieved a problem would still remain. Labor organi.za. • f . tions still could and probably would accept proessional th. in· the Nati emp1oyees as members, and no mg onal Labor Relations Act would preclude such action even if professional employees were excluded from the provisions of the Act. Moreover, in those instances in which professional employees believe they need a bargaining agency to protect their interest and the employer refuses recognition, the bargaining agency for the professional employees might have to resort to strikes to obtain recognition since the exclusion of professional employees from the National Labor Relations Act would not permit certification by means of an election under the supervision of the National Labor Relations Board. The professional employees would be in exactly the same position that the foremen found themselves following the Maryland Drydock decision.2 At that time the National Labor Relations Board held that, except in industries where a histo~ of c?llective bargaining for supervisors had prevailed, 1t wou_ld not establish a bargaining unit for foremen ~':5p1t~ the fact that supervisors have the same bargammg nghts as other employees. In support of this decision, the . 'ty of the Board stated that ''we are maJon . . of the . opinion that in the present . stage of. administration and employee-organization, the establishm~t. of b~ aining units composed of supervisors exercsmg su th· will· pede the g llll • stantial managerial au onty , b • • disrupt established processes of collective ~ g , . d militate managerial and production techniques, an a . t effectuation of the policies of the Act''. ' gamsF 11 . this decision, a wave of foremen s o owing . • • b em trikes for the purpose of forcing recogrution ; th .• eir s lo ers occurred. As a result forem~, _throug p y • ation . (The F•oreman's AssOCiatton of Amer• orgaruz . 'tion and a union agreement m ica)' obtame~ recogru a To clarify the situation, the certain establishments: ard found it necessary to f the purpose of National Labor Relation~ ~o • • Detroit in 1944 or hold a heanng m the foreman question and reconsidering its position on entitled to all the of deciding whether tey w:oyed under the Narights that other ~p oyees hereafter, the Board, in tional Labor Relations Act~/th position it had taken Coro;any case. It declared a series of decisions, in the Maryland Dry r;:;; �PROFESSIONAL EMPLOYEES' PROPOSALS PROFESSIONAL EMPLOYEES' PROPOSALS that not only are foremen employees within the meaning of the Act but ( 1) that as employees they are entitled to be placed in an appropriate bargaining unit and ( 2) that they may join an auxiliary of, and be represented in collective bargaining by, a labor organization admitting to membership the rank and file employees working in the same establishment.~ Lastly, the fact that groups of professional employees now have the right to seek certification whenever such a course of action seems desirable gives them, as individuals or as a group, a potential bargaining power with their employers which many of these employees might not want to surrender. In view of the foregoing considerations, the seeking of legislature changes, which would exempt professional employees from the provisions of the National Labor Relations Act, would not seem to be a promising solution. Seek Legislation Which Would Establish a Separat~ Tribunal for p ~aling With the Repr~sentation and Bargaining Rights of Professional Employees This approach to the problem was suggested to the ~adian W~e Labour Relations Board by a co~ttee representing 14 professional organizations. This Board was created under the Canadian Wartime Labour R~ations Order-in-Council (P.C. 1003) a set of r~lations passed in February 1944 to protect Canadian employees in the exercise of their right to form labor organizations and to bargain collectively. Several w~ after these regulations went into effect, ~e Committee asked the Board to e.xclude profes~1onal employee_s from them for a six-month period m order that it may have time to consider their status under the Order. At the end of the period the Committ d ee reporte that ll f th . a ~o o err membership indicated b substantial majority that profession y a very opposed to being included in bar ~ ~ploy~ were gamingand uruts made up .largely of non-profess·ional personnel d their own agency for collective bargainin wa;te recommended that a new Order • C . g. hey which would establish S •m- ~uncil be passed f . a eparate national b d f pro essional employees onl d oar or to be included in barg • . Y an . grant them the right airung UJUts of p f • ployees even though th . ro ess1onal emIdd· ey previously had b • c u e m heterogeneous bar ainin . een mg g units. After con- ducting hearings the Board refused to establish a arate labor code fo~ prof~sional employees but pl:: them under a special section of the original Order-in. Council and provided that they be dealt with sep ately for a period of six months. ar. Order-in-Council No. 1003 was war legislati This wartime measure was extended to December ;n. 1946 under the National Emergency Transitio~ Powers Act passed by the Canadian House of Com~o~ on Dec~ber 7, 1945.5 At its nullification, leg1Slat1on concerning the status of the engineer with respect to self-organization and collective bargaining reverted to the individual provinces. A revision of the National Labor Relations Act which would bring about a separate labor tribunal for professional employees in all likelihood would be difficult to obtain. It is interesting to note that the Canadian Wartime Labour Relations Board refused to establish a separate code for professional employees because of the c.xpense involved. It should also be noted that if the National Labor Relations Board made an e.xception in the case of professional employees, it would ho.ve no assurance that similar requests would not be raised by other groups of employees. Other courses of action would seem to have a better chance of obtaining Congressional approval. Seek Legislation J,Vhich Would Exclude Professional Employees from Heteroueneous Bargaining Units ~ Instead of trying to e..-<clude employees engaged ~ professional work from the provisions of the National Labor Relations Act it has been suggested that an attempt be made to modify the Act so as to place professional employees in a separate category for pur• poses of collective bargaining. Such a modification wo~d ~alee professional employees ineligible for in· clUS1on m bargaining units of non-professional exn· ployees, but would ensure them the right under the Act to be placed in bargaining units of professional em~loyees and to be represented by representatives of their o_~ choosing. Adoption of this proposal would malce it impossible for professional employees to be repres~ted by non-professional employees or by repr~entat:ives chosen by a group in which non-prof~SIOnal employees predominated. At the same wne it would retain for them the right to bargain coUectivdY as guaranteed to other employees. This arrangexnent may well be more acceptable to many professional ctn loyees than the proposal to exempt them from the r: ~ions of the Wagner Act. It probably would be difficult to attain than a separate tribunal for pro- fessional employees. Legislation of this nature, however, would reuire Congress to modify one of the basic provisions ~£ the Act, namely, that the bargaining unit is a xnatter for Board d etermination, the bargaining agency being a matter for employee determination. The proposal to exclude professional exnployees from heterogeneous bargaining units and agencies might be criticized on the grounds that it would restrict these employees in the choice of a bargaining agency and, in those situations where the National Labor Relations Board applies the Globe Doctrine, in the choice of a bargaining unit. There is some evidence that under certain conditions professional employees may want to be included in a heterogeneous bargaining unit and bargaining agency, as for example in those situations in which all the employees of a single company wish to establish a labor organization of company employees only. Also such a provision would not appeal to those who feel that the determination of these matters should rest with the professional employees themselves and should be based upon their personal preferences under the conditions prevailing in a given situation. Seek Legislation Which Would Give to Professio7:al Employees the Right t~ Waive V ?luntanly or to Exercise Their Collective Bargaining Rights It is understood that this proposal would leave with the National Labor Relations Board the full right to determine appropriate bargaining units, but would l~ve with professional employees as individuals t!1e nght to decide whether or not they wished to be ~clu~ed in the bargaining units so established, ?err ch?ice would lie between accepting the barg~ UIUt as determined by the board and waiving the nght to bargain collectively, in which case they would d be assured the right to bargain individually. UD er th~e conditions some professional employees might w_aive their right to bargain collectively because tbey di~ not like the bargaining unit to which the~ were ~~ed, or because they did not wish to b ~ colecnvely regardless of the bargaining unit. It IS ~ sumed tha_t these professional employees could not be 29 ~equixed by employers to waive their bargaining rights m order to obtain and retain employment. This proposal bas the appeal that it would assure professional employees full freedom in their decision to bargain collectively or not to bargain collectively. The two principal difficulties which lie in the way of achieving this legislative change are: (I) It would be difficult to give this Crccdom of choice to professional employees and to deny it to other classes of employees. (2) Congress having declared it to be public policy to encourage collective bargaining may be very reluctant to permit any class of employees to ''waive'' their collective bargaining rights, even though they could not be forced to do so as a conditio.n of employment. Accordingly, even though this legislative change might be most acceptable to a majority of professional employees, it is likely to be more difficult to obtain than some such change as indicated in the immediately preceding proposal. It is obvious that a legislative change which would enable professional employees to waive their collective bargaining rights could not be expected to forestall attempts at unionization of professional employees on the part of affiliates of national unions associated with federations of rank and file employees. One would expect unions with jurisdictions restricted to professional employees to be chartered by the major federations of labor, and would expect also that such unions would ~ e the attempt to win professional employees to their membership. Seek Legislation Which Would Require the NLRB to Permit Profession.al. EmPlO'fees to Select Their Own Bargaining Unit and Agency To overcome some of the objections !o the predin posa1 professional employees ID1ght follow ce g proof action similar to that endorsed by the a course • S t American Federation of Labor and proposed m ena e Bill 1000, which was introduced o~ January 25, d referred to the Senate Comxmttee on Edu~ an . Bill nsored by Senator DaVld I. and Labor. This • spo d th National h of Massachusetts, would amen e . d "to guarantee fair an Wals Lah:<>r Rela::s~~:: :; the law by the National equitable a • Board" a Labor Relations • _ _ _ _ _ _ _ _ _ _ _ _ _ __ x!: ____......iiiiii_ _ _ �I PROFESSI ONAL EMPLOYEES' PROPOSALS PROFESSIONAL EMPLOYEES' PROPOSALS Among the amendments proposed are those that would modify Section g(b) of the Ac~, which r:l~tes to the dcte..."llllnation of an appropriate bargauung unit. Under the existing law the Board alone has the power to decide whether the ~nit shall _b~ _"the employer unit, craft unit, plant urut or sub-division thereor'. Serui.te Bill 1000 would modify this section to prevent the Board from establishing bargaining units which "embrace employees of more than one employer". Moreover, it would also add what has become known as "the craft unit amendment", :\ proposal endorsed by the American Feder:irion of Labor. This amendment would "make it obligatory on the Board to respect the right of craft groups to decide for themselves by majority vote who their bargaining representatives shall be".7 This is not a new principle of law. The proposal is similar to c.xisting provisions in the Railway Labor Act.6 The amendment "to protect the rights and integrity of craft unions" could be broadened to include professional as well as craft groups so that professional employees would be given the right to choose the b:u-gaining unit and agency they believe to be best suited to their needs. ---. The adoption of this proposal would place the determination of both the bargaining unit and the bargaining agency in the hands of professional employees-an arrangement which professional employees may prefer. Since the principle of permitting homogeneous groups of employees to choose their own bargaining unit and bargaining agency has the wholehearted support of the American Federation of Labor the possibility of obtaining Congressional support fo; an amendment to the National Labor Relations Act which would compel its observance by the Board is greatly enhanced. Shoul~ this course of action be acceptable to Co~~ess, it would place professional employees in a position under the l~w where they could decide for thems~lv~ tbe ~argaming unit and the type of labor ~rgamzat:ion which they b~lieve would best serve the' tr mterests. 1 The committee knows of no co h • dis~loscs the attitude of pro:::n::: ~:rvey ~vhich Uruted States with respect to labo p rec~ lll the collective bazgaining for proft:5$ionaf organuabon and pon i1sucd by the National O • ~ployces. A_ reof Pittsfield (Mass.) Enginecr':S~~~:;0 C~mnutte_c 1~46 (based ?n a questionnaire filled in 1D April gmccn, chc1D.1St.1 met:illurgists d 1 Y 571 enpeople residing ~ th ' an .r~ ated technical rec separate localities) states: b peacetime product.ion, the losses arc already being offset by increases in mcmbenhip". (Marquardt, Philomena: "Foreman's Association of America", Monthly Labor Review, February 1946, p. 243.) "Although none of the three groups has been ganized in a union, many of the technical people ~!'eluded in this survey have been faced with the ,•nminent possibility of in a trade un·un. being included . . ion :i.nd h ave be en sub Jett to organmng programs by th ' unions. The questionnaire showed that at present 1C:C than 5 % favor a certified union, rather than a pr: fcssional organization, to handle their economic problems . . ." (An Immediate Measure to Strcnnthen th Profmional and Economic Position of t/ie En°ginecrin; Profession. A p:iper prepared by the Nationa.1 So. cietics Committee for the General Electric Engineers Associ:ltion at Fort Wayne, Pittsfield, Lynn, and Schenectady, p. 1 1.) The bck of interest on the part of these professional cr:1ployees ( fewer than 5 % ) stands out in rather sharp contr:ut with ( 1) an engineer's vote of from so to 36% for either an AF of L or CIO affiliate in some of the elections held by the National Labor Relations Board and (!I) the results of a Canadian survey conducted br a Committee representing 14 engineering :md scientific organizations. This Committee reported that 9!!% of those replying were in favor of collective birgaining under a new Order in Council which would permit engineers a scp:iratc bargaining unit a.nd an agency of their own choosing. More significant, however, was the desire of 35% to be included in heterogeneous barg:uning units under the then existing Order in Council H a separate bargaining1 unit and independent b::irg:un agencies could not be obtained. ~ Maryland Drydock Company (R-5212, R-5214, 49 NLRB 733, :\fay 11, 1943) . This decision reversed earlier decisions in which the Board had held that foremen were employees under the Act, and as such could affiliate with labor organizations including nonsupervisory employees, but tbat they could bargain collectively only in appropriate bargaini.n.g unit which wns separate from the productive force. The Board :ilso had ruled that bargaining units which included various levels of supervisory employees were not appropriate. (Sec Maller of Union Collicrits Coal Company, 44 NLRB 165, Matter of Godchaux Sugars, Inc., 44 NLRB 874, Malter of Boeing AircTaft Company, 45 NLRB 630, and Matter of Studebaker Corporation, 46 NLRB 1315.) = 8 The membership of the Foreman's Association of America from September 1941 to December 1945 is presented below: Number of Members Chapters Date 350 September 1941 •.........• . ..•• 8 194!! convention ............ . ..• 10,392 68 1943 " . . ...... . •.••••• 18,963 109 1944 Cl • • •, • •, , • , , •, • • • 25,000 281 !18,240 1945 " (December)" •••• "0 In June 1945 the membership of the FAA reached a peak of 3!!,357. The gains of about 21,000 members during the year were offset by iosscs of a little over 16,000, so that the net gain was slightly less than 5,000 mcmben. Almost 60 chapters were dropped during the year. These losses were due chic8y to cutbaw after VE-day and VJ-day. With the progress of reconversion to • I the Matter of Packard Motor Car Company (7-R-1884, NLRB, 4, Marcil 26, 1945) the Board decided that n 61 the policies of the Act could be better effectuated by ranting rather than by denying the right of certifica~on to foremen. This position was reaffirmed in the Matter of Packard Motor Car Company (7-C-~4~2, 6 NLRB No. 204, December 7, 1945). The maJonty the Board took the position that "the Board is dedi0 ted to encourage bargaining, and should do 60 in :c absence of any court decision, Congressional action, or statement of national policy to the contrary". It decided that foremen did con~t.itu~~ an appropri~te bargaining unit on the assumption that Congress 10tcnded the Board merely to group employees appropriately, not to exclude them from coverage of t~e Act". It decl:u-cd, therefore, that forcm~n ~nrollcd 1!1 an independent, unaffilia!c~ labo~ organization consbtutc an appropriate bargauung urut. I n the Packard cases, the Board dealt with foremen employed in a mass production_ ~~~stry in wbi~ the supervisory duties and rcspons1bilibes were said to be restricted. In the Matter of the L. A. Young Spring & Wire Corporation (2t-R-28!5• 65 NLRB No. 59, January 8, 1946) the Board decided that foremen in all indwtries subject to the Act, regardless of th,ir duties and responsibilities arc entitled to the protect.ion of the Act through the medium of indcpende_nt, unaffiliated organizations, and in the B. F. Goodrich Company case (8-R-1874, 65 NLRB No. 58, Jan~ary 8, 1946) it included various levels of foremen 10 a single bargaining unit. In the Matter of Jones & Laughlin Steel Corporation, Vcsta-Shannopin Coal Division (6-R.-1191, 66 f ., NLRB No. 51, March 7, 1946) in which the petitioner was the United Clerical, Technical and Supervisory Employees Union of the United Mine Worken of America (District 50), the majority of the Board decfared that it did not have the power to limit the choice of foremen with respect to a collective bargaining representative to an independent, una.lliliatcd foremen's labor union, inasmuch as the Act guarantees to all employees (including foremen) the right to bargain collectively "through representatives of their own choosing''. Therefore, it refused to dismss a petition "for a supervisor's unit filed by an aBiliate of th.c labor organization which repl'C$ented the same company's rank and file employees". In the Matter of California Packing Corporation ( 19-R-1558, 66 NLRB No. 180, April 3, 1946) the majority of the Board stated that it could not "refuse to entertain a petition filed by a supervisory auxiliary of the local union which represents the Company's nonsupervisory employees. . . ." Accordingly, it declared that all general foremen, department foremen, and assistant foremen in the establishment constitute an appropriate bargaining unit. 1 11 Monthly Labor R,vi,w, March 1946, PP· 399-40 • o Statement of Senator Walah ( Congressional R,cortl, Fint Session, 76th Congress, Volume 84, Part I, P· 741.) T siatcmcnt of Senator Walsh, ( Congmsional Record, Fint Session, 76th Congress, Volume 84, Part 1, P· 742.) a Sect.ion 2, fourth, provides that_ "Emplo~ccs shall have the ri ht to organize and barga10 collect1vely ~ugh rcpr!cntatives of their oY(ll choosing. The mai~nty of any craft or class of employw shall haV; the nght to de. ho shall be the rcprcscntallVC of the craft or teIIJllDC w • A ,, clllSS for the purposes of this ct. �~ I 33 Chapter IV COURSES OF ACTION WHICH PROFESSIONAL EMPLOYEES HAVE TAKEN UNDER TIIB N.L.R.A. l I UP TO THE END OF 1946 all efforts to revise the National Labor Relations Act have been unsuccessful. It is now evident that additional attempts will be made during the 1947 legislative session, but the nature and scope of the revisions, if any, that will actually become Jaw cannot be predicted. The Presidential veto of the Case Bill as well as the complete failure in the last decade of every effor t to modify the N.L.R.A. demonstrate the powerful opposition which confronts those who set out to attain their goals in this way. Although the outcome of any attempt to protect the interests of professional employees through legislation cannot be predicted, modifications of the Wagner Act along the lines suggested by professional employees may be a time-consuming process. In the meantime, heterogeneous labor organizations composed largely of non-professional employees undoubtedly will continue their efforts to have professional employees included in their bargaining units. Because they realize the difficulties that face those who seek revision of the Wagner Act and because they believe that the interests of professional and non-professional employees in many respects are dissimilar and that the inclusion of professional employees in heterog~e?us unions may not give them the type of bargaming agency which they want, professional employees have taken various courses of action open to them under the Wagner Act to further their interests. This chapter will examine these courses of action. No. 1 : Take No Action at All 1 J ::::>, Sometimes when the issue of representation arises, professional • about orgaruzation • • d employees do nothing an collective bargaining and let events take their COUrse This . • approach to the problem has one unportant shortc • . f~.· onung. Failure to act may mean that pro.....1ona1 emp! . . h o11s bar . . oyees may be mcluded m a eterogenethe c ~aintng ~ t.. In that event, they must acc pt in ~e~ bargammg agency as their representative • hours, and working • cond'1tions, • establishing sa1anes, 7 even if they do not join the union. Moreover, if the employer grants the bargaining agency either a union a clos.ed shop, professional employees in the shop bargammg umt automatically must become members of the union or forfeit their jobs. ?r. No. 2 : J?o Nothing Until the Representation Issue Anses and Then Seek Exclusion from the Bargaining Unit Some professional employees have waited until the representation issue was raised and then requested the National Labor Relations Board to exclude them from the bargaining unit. Such a request to the Board is not likely to accomplish the desired results. As pointed out earlier, the National Labor Relations Act was passed to protect employees in their "right to self organization, to form, join or assist labor organizations" and "to bargain collectively through representatives of their own choosing". Moreover, public policy in part, as expressly stated in the Act, is to encourage the practice and procedure of collective bargaining. In the light of these objectives, the Board has taken the position that elections are held to find out the wishes of employees with respect to a particular union or several unions.seeking certification and not 1 to help employees stay out of labor organizations. There is, of course, a possibility that professional employees may be excluded from a heterogeneous bargaining unit in those situations in which the ~ployer and the union seeking recognition agree of thCJ.l' o~ volition to exclude such employees. Under these arcumstances, the Board, in the. a~ence of a pro~t from professional employees, is inclined to accept ~ determination of the matter. "The fa:t ~a~ th.ere JS no dispute", says the Board, ''usually JS indicative of the propriety of the um't"•2 On the other hand, if the union engaged in ?ranizing the company's employees insists upon ~e ?11" ~Iusion of professional employees in the bargammg �PROFESSIONAL EMPLOYEES' COURSES OF ACTION PROFESSIONAL EMPLOYEES' COURSES OF ACTION 34 unit the issue in most cases will be placed before the B~d. The Board would then apply the criteria established by it for determining the appropriate bargain· ing unit (see pp. 15-16). If professional employees customarily have been included in a heterogeneous labor organization in other plants in the industry, the Board undoubtedly would be reluctant to disturb the prevailing arrangement. Even where such a precedent has not been established and the professional employees refuse to sign membership cards but instead request that they be excluded from the proposed bargaining unit, the petition would not receive favorable consideration. The Board has consistently maintained that elections are held to determine the wishes of employees with respect to a union or unions seeking certification. No. 3: D_o Nothing Until the Representation Issue Ames. and T~en Join a Bargaining Agency Seeking Certification Where a single bargaining agency which is acceptable. to the . professional employees is seekin'g representation this procedure raises no problem. Where two or more labor organizations are seelcin tati dis g represenon, a pute will arise. If one of th ceptabl th f • . em were ac. e, e pro ess1onal employees presumabl would Sign up as members of that bargainin y work for its certification. Should the disg agency and fore the Board 'd . pute come b&' consi eration would b • employees' wishes. "Great w . , e given to the tached "to the rel ti h eight' ' however, is atand the b:ir=iini: v~ omo?eneity of the unit sought -o~g tory m the plant •d U nless counterbalanced by oth el or m ustry. er ements b:i'"""'i":" hist • r . ory u o ten a controlling factor" a I , . -~---:g which considerations fa . • n situations 10 vonng a craft unit ( a professional unit also) d th presumably comprehensive unit are o/:bst os~ favoring a more the Board frequently applies th ~ally equal weight, ~- 1 6 for definition) before~ lobe Doctrine (see tion. Even under thes . ng a final determinae circumstances • ' as is true of all representation cases th . h th 'ewuesof 1 . e controlling factor since "the Bo emp oyees are not ~gs of the appropriate unit ard makes its findmcluding the desires of th upon the entire record the election results".• Thu: :;:loyees as re8ected b; does not guarantee that ~urse of action als0 obtain b . . profess1ona1 . a arga1rung agency of th . emp1oyees will cir own chOOsing. No. 4: Do Nothing Until the Re r Issue Arises and Then Join withpo:hntation fessional Employees to Form a Labor 0errgPro. . . ization an. Professional employees may unite and f l~bor organization of their own choosing. T~~ a nght guaranteed by the National L abor Rel • IS a . 11 . b . . anons Act • Smce co ectlve argammg, however can 1 . . cifi b ' on Y func tion m• a spe c argaining unitJ the ne,V organiza.• , • tion WIii have value only if the employer recogtuzes • it . . . ~ the b ~ g agency for professional employees in 1hisb establishment. • . If he fails to do so or if twoormore a. or. orgaruzabons seek certification, the representa. tion tssue 1s placed bcfore the Board, whose duty it becomes to dete~e what the bargaining unit shall be. If the orgaruzation is free of employe.r initian· d d . . on an . orrunallon, ~e findings of the Board may support its representabon claims. On the other hand the Board's decisio~ m~y be unfavorable since it ap~lies a number of criteria among which the wishes of the employees is but one, and not necessarily the deter• mining, factor. This course of action a lso has certain shortcom• ings. It takes time to clarify issues, to educate fellow em~loyees as to their rights and obligations under the National Labor Relations Act, to consider the various cours~s o~ action that may be taken, to form a labor org~tion, to prepare a constitution, to elect rcprese~tatives and to draw up a petition, with supporting e~d~ce and data, requesting certification as a bar· gammg agency. Such petitions, if they are to have v_alue,_ must be submitted early-certainly before the Situation becomes crystallized. Moreover, professional ~ployees may be at a decided disadvantage in carr'/" 10~ on these activities when competing with the skill~ and experienced organizers who represent well· established unions. These limitations should not be taken to mean that th'15 course of action precludes successful orgaJU· • zation on the part of professional employees who find tbemselves in this situation As a matter of fact, professional employees have b;en successful in obtaining ~eir own bargaining agency in competition with out· side labor organizers. In those situations where professional employees have not had sufficient tiJne to for~ an organization, it may still be possible for tbelll to intervene and assist the Board in deterxni,ning tbe appropriate bargaining unit. To illustrate: in 1944 the professional engineers at the Victor Camden pla~t of the Rad~o <::orporati_on f America, confronted with an organizational drive 0 nductcd by the Federation of Architects, Engineers, ~emists and Technicians, CIC, established a com'ttee which was permitted to intervene and to assist :1e Regional Officer of the National Labor Relations Board in determining the appropriate bargaining unit. At the Globe election conducted by the Board, almost two out of three engineers (64 per cent) voted for a separate bargaining unit. Subsequently they formed their own organization which was certified by the Board a!ter a consent cross-check determination. It should be stressed, however, that this course of action to be cITcctive requires quick action and informed leadership. No. 5: Plan in Advance for a f.:abor Organ_ization but Withhold its Establishment until the Representation Issue Arises The shortcomings of Course of Action No. 4 may be overcome in part by anticipating the problems which would have to be faced if and when the question of representation actually arises. A group of professional employees, not engaged in supervisory work, may draw up a plan of action which could be put into effect when the need arises. Such a group would prepare in advance ( 1) a suggested constitution for a labor organization, ( 2) the publicity to be used, (3) the forms which would be needed, (4) the procedure to be followed in establishing a bargaining agency, and (5) the material to be used in petitioning the National Labor Relations Board for certification. Preliminary planning along these lines may en· able professional workers to retain the status quo and still be in a position to establish a bargaining agency of their own choosing with the minimum of delay. The Board probably would not regard this course of action to be in violation of the spirit and intent of the Act, provided, of course, the new bargaining agency had been developed in conformity with the provisions ~f the Act. It should be noted, however, that this issue has not come before the Board for a ruling, Should this plan be followed, the labor organization when established would still have to be designated as the bargaining agency, which again raises the question as to whether the desired classification of employees would constitute an appropriate bargaining unit in 35 the particular circumstances under consideration. The criteria considered by the Board and the uncertainties involved have been discussed above. No. 6: Form a Labor Organization Before the Representation Issue Arises The professional employees in an establishment, or those in closely related professions have formed their own labor organization and requested the Board for certification before heterogeneous unions raised the representation issue. The advisability of taking this course of action may be questioned by a substantial number of professional employees. Many of them may believe action along these lines to be an impairment of their profes~ sional status. A pronounced individualism and a strong urge towards independence have led some of them to oppose aggressively any efforts which would lead to organization for bargaining purposes. It must be acknowledged, however, that a certified bargaming agency of professional employees has this advantageit will assure that the desires of the professional employees will be presented to their employers by representatives who are primarily concerned with the problems of professional people and have a real desire to further their best interests.5 1 See TabardrcY Manufacturing Company Case, R-5402, 1943, 51 NLRB 246. • 2 Ninth Annual Report of the National Labor Relauons Board, 1944 Fiscal Year, P· SS· 8 Ibid., p. S4· i Ibid., p. 34• na1 5 The question bas been raised by mClllben of profcssio societies as to what would happen to the .status o_f a bargaining agency which, ha~g ~ certified, failed to engage in collective bargaming. Sin~ the Pnm_arY sc of 11 true bargaining agency ts to negollatc ;v'11po hours, and conditions of employment, any _or· ag_cs,tion which failed to seek a written cont:r.l~t wi~garuz.l blc pcn'od of time would place 1tscl! m in a rcasona nn,in'on Such actlon • would undoub tcdly bl an untena c r • • Bo3rd as be regarded by the National L~bor Rel:onsfide labor a device to prevent the [o_rmanon of a d~ on1 with organization. Ho~c:vcr, SI.DCC dth~ Abcty Clllplo=!, the unf · labo practJCCS engage 111 '_,., ~ 't w~uld seem would have no au~ority to take ' • ti n.s which after cei-BOiU"' 1 any action against labor ~~ti~Y UDless perhaps tific.ation failed to bargalD co ting union later in those situatio~ in . be noted that seeks ;°::Sen·~~°: ~~ independent labor orpniza· o_nc ~ e ~tten "'""'emcnt with the employer. tton u a wn ...,.- 0 "':!ch ; ::~ �37 Chapter V TYPES OF COLLECTIVE BARGAINING ORGANIZATIONS OPEN TO PROFESSIONAL EMPLOYEES PROFESSIONAL E M PLOYEES who have come to the conclusion that some form of organized representation is necessary are confronted with three questions. Should the org~zation to be formed or joined restrict its membership to the employees of a single employer or plant, or should its jurisdiction include the employees of a wider area such as a market, trade, or industry? Should membership in the organization be limited to employees in a given profession, or should it be broadened to include other groups of employees and, if so, what groups? Should organizations of professional employees remain aloof from or join up with one of the major national federations of labor? It is the purpose of this chapter to present the pros aµd cons involved in each of these questions. Company Versus Trade or Industry · Bargaining Agencies Should membership in the organization be confined to the employees of a single employer or plant, or should some larger area such as the trade or industry be the basis of organization? Both types of bargaining agencies are legal under the Wagner Act. Both types have limitations and advantages. The former enables employees to retain the leadership in their own hands, and to deal with problems confronting themselves and their employer in terms of what is best for their own interest instead of in terms of union strategy and objectives or the general situation in a trade or industry. It gives them a free hand in negotiating a contract and permits greater flexibility in solving current controversies since its freedom of action is not limited by a national constitution or by national officers. It also eliminates the necessity of paying dues to a parent organization. On "the other hand, a union restricted to the ~cope of a· single employer or plant because of its lim1t7d jurisdiction, can do very little about industryWide problems. I t has much less bargaining power than an affiliate of a national union, especially when s~es become necessary to win demands. Except in f~ly large companies, its limited treasury will not permit the payment of strike benefits or the employment of experienced negotiators who devote their full time to furthering the organization's objectives. Organizations confined to the scope of a single company frequently serve as successful and satisfactory bargaining agencies in dealing with employers who are fair minded and have a real interest in maintaining mutually-satisfactory industrial relations. They are seldom effective in negotiating with employers who are slow to raise wages but quick to resort to wage reductions in order to effect economies, or in highly competitive industries in which labor standards tend to be undermined by ruthless price cutting. Finally, this type of labor organization does not have the benefit of advice from experienced national officers. A national organization, because of its larger membership, has more prestige. Its substantial treasury enables it to engage full-time organizers, retain a research staff, and to employ competent officers and counsel. Its organizers are at the service of employees who desire to form a labor organization and to unite with it. I ts research staff studies the industry and its problems and brings together essential information about trends in the industry and business generally which will be needed during negotiations. Its negotiators usually. have had a long C.\.-perience in ~ealing with employers and, not being on the employer s pa~roll, have greater freedom of action ~ .do neg~tiators who are. They come to the negotiations eqwpped with economic and statistical data, a broad kno~ledge of the industry and the la?o~ mark:t, ai:1d a wide experience in collective bargammg which 15 usually equal to and sometimes superior to that_ poss~ed ?Y the employer. Because the organization IS n~tional m ' t • much better qualified to deal with prob• d nv and scope, 1 is lems which are common to the trade or m us.._,. which can be dealt with effectively only o~ a na~on:11 or industry-wide basis-an important c~OS1deration m a highly competitive or over-developed industry. �COLLECTIVE BARGAINING ORGANIZATIONS .The officers of national unions, howe~er, are of . • d • • tration organnecessity concerned with uruon a Il11IllS . ! d izi.ng campaigns, union tactics, union politlcs, ant with the broader aspects of the labor mo':'emen • Sometimes they become more concerned with national politics than with union objec~ves and ?rograms. Their concern with the overall p1c~re at umes leads them to disregard situations in particular plants which require special treatment. Sometimes the desi~e for power and influence causes them to be autocratlc in the methods they use, to neglect the day;to-day aspects of collective bargaining, to concentrate on _increasing the union's membership and expanding its jurisdiction and to consolidate their hold on the national organization. Frequently they stress union security and the controversial aspects of collective bargaining and neglect those factors in the employee-employer relationship that make possible greater purchasing power and higher standards of living. Scope of Membership of the Bargaining Agency Both company and national organizations may limit their membership to a single craft or profession or may open it to other groups of employees. There are several possibilities from which professional employees may choose. At the company level these choices are: 1. An organization open to all employees in a ·ven gi plant or company. 2• Anorgamza 'tion °fclencal • and professional employees. 3. ~ organizat!o~ of professional and sub-prof . sional ( technicians, draftsmen research . es etc.) employees, • assistants, 4· 5 • An organization of all professional cmp1oyecs. Organizations. There are, of course, many ..u .......ceptions to this general tendency. I t should also be point d that local organizations often include empl e out oyees of more ~an onethcompany an~ that cooperation through !ederations at e ~ommd.uruty, state, and federal levels 1s commonly practice . Of the six types of organizations listed above th first-that is, an organization open to all employe' . e . tl esm the plant or company- is 1e most inclusive, and th last, an organization of employees in a given profes~ sion, is the least inclusive. It may be helpful to C.'C· plore the advantages and limitations of these two primary types inasmuch as the other forms of organization are intermediate types which attempt to overcome some of the shortcomings and still retain the advantages of one or the other of the primary types. Employees in a bargaining agency confined to the members of a single craft or profession have a community of interest which it is impossible to attain in an organization in which unskilled workers, production workers, clerical and professional workers are enrolled. The skilled tool-maker h as more in common with his supervisor than he has with the laborer who cleans up the shop, and the professional employee is closer in bis interests to his superior than be is to his filing clerk. The more restricted the membership, the greater the community of interest. For example, engineers are drawn together ( x) by an absorbing interest in the technical and scientific knowledge, and the principles and theories comprising the field of engineering, ( 2) by the basic desire to bring about a more effective utilization of materials, machines, human beings, and natural and mechanical forces, and (3) by a mutual concern with the maintenance of high professional standards among engineers. . The persistent demand on the part of ~y skilled craftsmen and professional employees for their own bargaining agency in part grows out of the_ ~act 6, An organization of employees • • that labor organizations are fundamentally poliacal m a given profession, such as engineering. institutions. Union leaders are elected officials and as such must satisfy the demands of the large groups of It should be noted that each 0 f th • • • ese types of bar employees whose votes elect them and maintain thelll ~auung agencies may be brought togeth . - - • ffi m O ce. As a result the interests of the eraftsxn~ tional organization An ..v~-:- . er m a na. • ~ation of th tru and professional empioyees who politically-because of the Amencan Labor Movement wo ~ s cture • number-are less important, ' 0 fth eir tend to be over· local labor organizations are all uld disclose that . usu y organiz d looked and sometimes sacrificed for the benefit of tbe chartered either by national • e and . uruons or to a 1 majority,1 tent, by national federatio ch ' esser ex:. nssu astheAm. Federation of Labor or the C encan It is the urge to ·be with those who are cioselY ongress of Industrial associated with them in their work and interests as ~r~1J::;~a;~: ;; =~:~es chin ~osely rc_J~ted etc. • enusts, physu:1sts, COLLECTIVE BARGAINING ORGANIZATIONS well as the desire to be !? a P?siti~n to protect more eff tively their economic and social status that have ee any craftsmen and some professional employees 1ed m • ' agency and insist upon both a separate barga.mmg to . . . to seek a separate bargammg umt. On the other hand, organizations limited to the loyees of a trade or profession, because of their emp . seIdom attam • as 1arge a ore restricted membership membership and therefore the economic and political ;ower that goes with lai:ge numbers, no: do they build up as large treasuries m as short a tune as do the more-inclusive organizations. They are also more subject to jurisdictional disputes, that is, controversies which sometimes lead to work stoppages because two craft organiz:itions each claim the right to perform a given operation or class of :,vork or to repr~e~t a given group of workers. This type of orgamzation, moveover, adds to the difficulties of the employer in that negotiations with many separate bargaining agencies are time consuming and complicate both the collective bargaining process and the task of maintaining mutually-satisfactory industrial relations. An organization whose membership is open to all employees in a plant or company also has advantages. In the first place, it is likely to have more bargaining power than the less inclusive type of labor organization. An employer might find it quite possible to replace a limited number of striking toolmakers or engineers, but he would h ardly attempt to replace his entire working force or even all of his clerical and professional personnel. He is more likely, therefore, to seek a common meeting ground and a settlement of the controversy when dealing with an all-inclusive organization than when h e is negotiating with an organization which bas a limited number of members in his establishment. Secondly, an organization open to all employees should reduce the expenses that need to be incurred per employee to secure the advantages of collective bargaining because a single group of officers will suffice for the entire plant or company, and duplication of services, which prevails where two or more organizations exist, is eliminated. In the third place, the larger membership of the more-inclusive organization will give rise to a considerably larger treasury. Such a treasury would enable the employees in a medium· 39 sized or large plant to employ a paid officer who could devote all of bis time to furthering the employees' interest. Action along these lines would place the union representative in a position which should enable him to attain competence in negotiating, interpreting, and administering wage contracts. The task of administering an all-inclusive organization is much more difficult. The lack of a community of interest among the members is more likely to give rise to internal conflicts and to hamper the adoption and attainment of common objectives and the development of union policies and programs. An important shortcoming of this type of labor organization from the point-of-view of professional employees is that it tends to give the non-professional and sub-professional employees a predominant voice in the control of the organization. Relationship of Organizations of Professional Employees to a Federation of Labor Unions Local bargaining agencies of professional employees may wish to form a national organization ~or professional employees in which case they must d~de whether the organization should or should not affiliate itself with •a national or international federation of labor unions such as the American Federation of Labor or the Congress of Industrial Organizations. Affiliation with a federation would give the new organization greater influence in labor cir~es and wo~d enable professional employees to contnbute a pomtof-view which at times has been sorely needed at labor's conference tables. The ,action. to be ta!f:en would largely be determined by the philosophy of mThey dustrial relations held by professional employees, • ti 05 and to might prefer to work with other organ.iza ? help build a unified labor movement which "".o~d deal realistically with economic, social and polio~ roblems of the day, or to "go it alone" and wor ~ut their own problems by thems~lves as ~o~e railroad brotherhoods have done since ~eir mcep Since affiliation with a national federatJ.on would n~t trict the autonomy of the local orgamnecessarilY r es . uld • • the ef. 'ther course of action wo lDlpair zation, ne1 in bargaining fectiveness of professional employ~ . their . th • ployers or m protecting collectively with eir em best interests. o~:: �COLLECTIVE BARGAINING ORGANIZATIONS The above discussion of types of organization open to professional employees under existing laws is presented with no other motive in mind than the desire to assist professional employees to obtain a better understanding of the underlying issues involved. If it has accomplished its purpose, then the professional employees who have come to the conclusion that they • should organize will .be .in a better position wh at form of orgaruzation will b est serve th to .decide poses. Chapter VI eir pur. FORMING AN ORGANIZATION FOR COLLECTIVE BARGAINING 1 Slichtcr, Sumner H.: M odern Ee • Holt & Company, N. Y.1 19"1 opnom18c Society, Htn.. ~ 1 p. I 3 to 186, - , sucH FACTUAL DATA as are available make it unmis- takably clear that those engineers and scientists who find it desirable or necessary to bargain collectively prefer to do so through organization of professional employees only. The most extensive survey of the attitude of professional employees toward labor organizations and collective bargaining was conducted by a committee representing 40,000 Canadian members of 14 engineering and scientific organizations. The survey was made to determine the desires of professional employees with respect to unionization and collective bargaining under the Canadian Wartime Labour Relations Order-in-Council (PC-1003) which consisted of a set of regulations designed to protect employees in the exercise of their rights to form labor organizations and to bargain coUectively. This survey disclosed that 92 per ce.n t of the professional employees who e.xpressed their opinions were opposed to being included in bargaining units made up largely of nonprofessional personnel. Instead they expressed a desire for a new Order-in-Council which would establish a separate national board for professional employees only. "Only I per cent indicated a preference for 1 trade unions as their bargaining unit". Unfortunately, no extensive survey has been conducted to determine the desires of professional employees in the United States with respect to collective bargaining arrangements. Such evidence as is available, however, indicates that in those instances in which they desire, or find it necessary, to bargain collectively, a large majority want to be represented by bargaining agencies of professional employees. It is not surprising, therefore, that so many professional ~ployees, when faced with the possibility of being included in h eterogeneous bargaining units, have ~ed to their respective professional societies for adVIce and guidance. This chapter has been prepared to meet the steadily mounting demand on the part of professional ~ployees for information to guide them in organiz· mg a bargaining agency of their own. It is not in- tended to influence the choice of professional employees but to supply them with information not readily available in the literature of collective bar- gaining. Professional employees who are convinced that a labor organization is desirable or necessary may choose between two courses of action. They may invite a national or regional union or association or one of its affiliates to assist them in forming a local or they may form a labor organization of their own. If the first alternative is chosen, the union or association undoubtedly would assist in forming a new local. In many cases, it would also instruct its officers in their duties and responsibilities, assist them in deciding on what would seem to be an appropriate bargaining unit, assist them in getting the local certified when such action is necessary, and either assist them in contract negotiations or negotiate a contract for them.2 If the professional ~ployees of a given establishment on the other band, desire to form their own organization, the path to their objective is less easily traveled. In all probability few if any of the ~rofessional employees will have belonged to a ~on. or have had experience in establishing one. The situa~on may be complicated further by simultaneous o ~ tional activities on the part of one or more competing . having substantial resources and represented uruons di' h by experienced personnel. Under these con tions ow can professional employees keep thems~ves f_~ of heterogeneous unions should that be their d~e. If • • agenacs what they want to form their own bargairung ditions must they meet and what steps should they :e? It is with these questions that this chapter deals, Requirements for Certification by the National Labor Relations Board The immediate goal of the professional em~loy~ omes the establishment of a labor o~aon now bec aiify f ertificaaon by challenged could qu or c Board This does not which, if ' . the National Labor Relaaons • ertified in all mean that these organizations must be c �42 FORMING AN ORGANIZATION instances. Employers may recognize organizations of employees without a determination of a majority by the Board. Such a determination is usually desirable, however, especially in those situations in which a competing organization is likely to claim jurisdiction, because disputes of this character almost invariably require a determination by an agency of the Board. Since such a determination is always a possibility, the new organization should make every effort to qualify for it. A primary prerequisite for certification which every labor organization must meet is freedom from employer domination, interference, financial assistance . or other _support. Employer participation or assistance of any kind in the formation or administration of the organization should be avoided, In determining whether an organization is company dominated the Board asks c':1~ questions which may be reg~ded 8:5 tests or cntena that independent labor organiza. tions ~ust meet. In order that bargaining agencies of ?rofess1~nal em_ployees unknowingly may not engage m practices whi~ la_ter may be regarded as evidence of company ~otrunation, some of the more important of these questions are listed below: I. 2. Who inspired the organization d circumstances which led to ii., fo:a:i,~a?t were the Do the members of the organizaf D th ion pay dues? m~ngs~ organization hold regular membership 12. Are ~up~rvisors and executives cli "b bersh1p m the bargaining agenc 8l le for Ille.iii. vote or hold office? Y and can the, An affirmative answer to questions 2 3• 6 and I I and a negative answer to questions 4 7 12 would indicate that the bargain'. ' ' 9, 10 and • d . ing agency was qualifie to represent 1ts members for p lective bargaining, provided, of cou urposes of co!. • . cl rse, that th agency was inspire by the employees e • • • cl on1Y and that its constitution an by-laws were drafted b th adopted by a substantial representation {them and bers. The Board has only one cone o e tnem. establish the fact that the employer he;, nt~el~, to d . . . no mspired encti~uragfe th, or mti":11d~ted the employees in the for~ ma on o e organization or has not d . "b • • an IS not contti uting to its support or infhiencing its d . . . a Dllnistration. 8 Of interest also may be acts of employers hich w. the Board in its decisions has identified as th t th b • . suggesting e, ai:gauung agency may be subject to mana agements will. Important among such acts are:a 1 • !:::cipating in the formation of a labor organizaSug • to _a picked group of employees that th gcstmg ey create their own organization. Assisting in drafting its constitution. 4. Intcrf~g with the choice of emplo..-ee repre scntatives. ' • + Do executives or supe • 5- ~irculating petitions in its support or allowing cm to be circulated on company time. 5, 6. 3. meetings of the 0 ,.....,,. IVt~ory? employees attend the ·o~IZation Docs the organiza • Jaws? If so, tion have a constitution and by. a. Who drafted them? b. How many b• . mcm crs attended th which they were adopted? c meeting at 6. Do the by.Jaws contai clause and make p . ~ a collective bargaining rovU1on for a bargaining com. mittee? 7- Is membership Ji • so cited d • . . . and IS it encouraged by exc~g working hours 8. Is membership a con di ti cutivcs or supervuors? 9. ~ dues collected b on o~ csnploymcnt? if collected by union Y deductio? from wages or company time? rcprescntauves is it d , • ' one on io. Docs the management: a. Contribute funds? b. Provide a mcctin~ place? c. Supp_ly legal advice? , d. Provide paper type . e. Supply mimeo~ra ~tcr, etc,? services? P g, tclcpho11e, and clerical I I. Has the organiiation the company? a Written a--e o•~ ment with 7. 8. 9. 10, II. 12. rs, Duparaging a rival organization to the employees. Recogni.zmg a labor orgaruzation • • • h out proo! that . . Wit it IS !he exclusive bargaining agency of the cmp1oyecs 111 a Particular bargaining unit. Eflectionecring for labor organizatioru on the part o sup crvuors • and other company representatives. Encoura..:ftg m~-b . the orgaruzation . • or 1 ~~ .....,. ership m vlo untanly making membership a condition of cm· P oyment. "Eagerncss" on the part of ma.nagement to sign • an agreement with the organization. favoritism in the treatment of its mCJJl• bShowing crs. Supportin m b . g a labor organization by granting its m~~nel'3 . the use of company facilities such .as m g lists, office space mimeographing eqwpent, telephoning, etc. , P •• ramng a labor organization in public. The above been . . acts on the part of employers have been take into consideration by the Board and have regarded as eV1"dence of employer domination and FORMING AN ORGANIZATION support, Each case, says the Board, 1?ust be "decided the basis of all the facts and circumstances in0 :Jved. It is impossible briefly to summarize all the ;onsiderations that have entered in the decisions of indivi"duaI cases"" • While professional employees cannot prevent management from engaging in any of the above practices, they can refuse to be a party to them and may quite properly call management's attention to the Board's attitude with respect to any or all of them. Particular attention is called to item 7 of the second list of criteria. In the light of the Board's attitude towards recognition without certification, professional employees should insist that the majority status of their labor organization be determined by agencies of the Board before engaging in collective bargaining. It should be recognized that the framers of the Act regarded the company-dominated union as a device of employers to forestall the formation of legitimate labor unions by their employees. Undoubtedly the Board, in dealing with the actions of employers which it regards as interference or domination, examines them in the light of their effect upon the freedom of action of employees while exercising their rights under the Act. Great care should be exercised by the bargaining agency not only in conforming with the Board's criteria but in scrupulously maintaining its real independence. It may be very difficult for an organization to establish its actual independence once the fact of company domination has been established.15 The position of the Board as summarized by itself follows: 6 "~hen an employee representation plan or company u.n1on has been dissolved, and succeeded by an ostcn• sibly independent union the Board mwt decide on the basis of the entire rcco;d whether the new union i., a genuinely different and unassisted labor organization. Identity of officers and leaders of both organizatioru, similarity in structure, by-laws and constitutions, trans• fer of 3"eU from the old to the new organization, and fav~ritism by the employer to the new organization iu against a rival union have all been found in various Ca&es to indicate continued company domination". . Attention should also be called to the Board's ruling "that a union which, in its collective bargaining con~acts and representative practices, discriminates against employees in the bargaining unit in regard to t~nure of employment, rates of pay, or other substantive condi· • of race, tions of employment on the bas1s 43 co_Ior, or creed, will not be permitted to secure or re~ ~e Boru:d's certification as a statutory represen. tati_ve • It..Pomts out that a statutory representative is obliga~ed to r~pr~e.nt all members of the unit equally and without discnmmation on the basis of race color or creed"'Th • e Board, however, "has held Ithat a' statutory bargaining agent may segregate racial groups ~thin its membership into separate but equally privileged locals or branches of its organization''.& In handling this issue the Board states that it "will scrutinize the contract and conduct of a representative organization and withhold or withdraw its certification if it finds that the organization has discriminated against employees in the bargaining unit through ii! membership restrictions or otherwise".D Informal Canvass of Attitudes of Professional Employees Having a knowledge of the requirements which a labor organization must meet in order to qualify for certification, the professional employees now may determine how their associates feel about organization and collective bargaining. The canvass may be conducted at luncheons, on street cars, bll5Ses, or automobiles going to and from work, or at the employees' homes. It should make available the names and position of eligible professional employees and their attitude towards organization and collective bargaining. The professional employees may be classified as follows: ( r ) those opposed to any form of ~~tion, (2) those favoring an independent orgaruzatJon of professional employees, (3) those sympathetic towards ~filiation with a strong national union, (4) those with no definite opinion, (5) those unwilling to commit themselves, and (6) those who because of absence from work have not been interviewed. Preparation of Statement on Collective Bargaining for Professional Employees While the canvass is being conducted, two or three interested individuals may want to p~pare a brief statement clearly setting forth the expenence of d the National Labor Reprofessional employees un er uld int out ( l) the Jations Act. The statement sho po . events which have led to the contemplated action, �FORMING AN ORGANIZATION 44 FORMING AN ORGANIZATION ( 2) the CJ..-perience of professional employees with heterogeneous bargaining units embracing sub-professional and professional employees and sometimes clerical and even production employees, (3) the advantages and disadvantages of various types of bargaining agencies, (4) the rights of professional employees under the Wagner Act, and (5) the bargaining unit and other recommendations which seem advisable under existing conditions.10 One of the recommendations should be the establishment of a Provisional Committee for the Organization of Professional Employees which should be authorized to conduct the organizing campaign and to suggest measures necessary for the protection of the interests of professional employees. Establishment of Provisional Committee on the Organization of Professional Employees The list of professional employees previously prepared should now be examined. From this list the names of supervisory and confidential employees should be removed.11 This precaution seems advisable in those instances in which an independent labor organization is being formed notwithstanding the Board's statement that "a union is not disqualified to act as the bargaining agent of nonsupervisory employees merely because it may have a few supervisory employees as members".12 It is obvious that the circumstances tend to make an independent union subj ect to more alert scrutiny than is apt to be the case with affiliates of national organizations. For this reason every effort should be made to keep the bargaining ag~ncy independent in fact. Those employees on the list who have CJ..-pressed an interest in the formation of an independent labor organization may now be invited to an informal meeting. Use of company facilities for holding or announcing the meeting should be avoided. The purpose of the meeting should be to determine whether in the opinion of those attending an effort should be made to establish an independent organization of professional employees. The material in the Statement on Collective Bargaining for Professional Employees referred to above should be helpful in presenting the case for organization. After the pros and cons have been carefully considered, those present should be given an opportunity to endorse or reject, by secret ballot, the contemplated course of action. No attempt should be made to force a favorable decision. Should the majority support the program, the next item on the Agenda would be the formation of a Provisional Committee on the Organization of Professional Employees. To preclude later charges of undemocratic tactics, it is suggested that candidates be nominated from the floor. The chairman should first point out the advantages of adequate representation for various occupational groups and departments, and a satisfactory basis of representation should be agreed upon before the nominations are opened. Unless the number of candidates exceeds the number of members desired, those present may indicate their approval by acclamation or a show of hands. The duties of the Provisional Committee are numerous. It must ( 1) work out the procedure to be followed in winning the support of those professional employees who are neutral or are opposed to an independent labor organization; (2) it must overcome the technical difficulties which arise in obtaining approval of the desired bargaining unit; (3) in the event that a competing labor organization asks the National Labor Relations Board for certification before the professional employees are organized, it must be pre~ pared to present the case of the professional employees and to seek the right to intervene at any hearings involving professional employees; (4) it should supervise the preparation of bulletins and releases for eligible employees, the first draft of a constitution and by-laws, as well as application blanks, official ballots, ~d numerous other forms needed during the organJZIDg process; and (5) prepare the N.L.R.B. petition for certification and its supporting statement. As the name suggests, the Provisional Committee is a tempor~ a~ency which will function until a going labor orgaruzation has been established. The Provisional Committee will, of course, work through subcommittees, the number of which will dep~d upon the amount of time available for organization purposes. At least three subcommittees are suggested: one on membership, one to prepare the first draft of a constitution and by-laws and a third to . d_et~e the composition of the ;roposed bargaming urut. with Regional Director of the Conference N•L.R.B. ·tuations in which a competing · lab or In those s1 • b R . h petitioned the Nat:J.onal La or e~.-.;.,auon as • b f th orgoue ore e . ns Board £or maJ' ority representation . • • latlo .. nal Committee has completed its orgaruzation Prov1s10 C rornittee should confer with the Regional O work, the ting the views of the professional emDirector, prdesenlling his attention to the organizational loyees an ca. D • th P .. -~ which they have undertaken. unng e the Provisional Committee might well activitl conference, . l d the . the rights of professional emp oyees un er discuss A t ascertain the Director's concept of an Wagner. t c grouping , • th err • s1tua • tion, of employees m appropna e • ti seek to obtain unofficial analysis of their tenta ve . . 't 'i n the light of Board precedent and bargauung uru th • determine the steps it should take to protect e mterests of its constituents. It should be noted that the Board has permi!ted professional employees to be represented at h:~gs by a committee which is not a labor orgaruzation within the meaning of the Act and, therefore, could not seek a place on the ballot in the event that an election is ordered.13 Such Intervenors have b_een admitted to help the Board determin~ th: appropnate unit. The importance of intervention m s":c~ proceedings is clearly revealed by a study of decmons of the National Labor Relations Board. The.Board has taken the position that it cannot be expected to look out for the interests of a particular group of emplo,y~es • raise • d du ring unless the question of those interests is • l • 'the the hearings, preferabl,y by those invo ved in proceedings. The Subcommittee on Membership Working under the general direction of . the Provisional Committee the membership subcoIOlD.lttee should prepare an o;en Letter to Professional Employees which should set forth in a terse manner the type of information contained in the Statement on Collective Bargaining for Professional Employees which was previously prepared. This letter sh~uld present not only the contemplated course of ~ctio~, but convincing reasons as to why such action 15 necessary and the measures proposed to effectuate the program. It should not be more than three or four pages in length, should be an objective statement, and as far as possible supported by facts and actual cases. 45 Following the release of the open letter, the committee, assisted by selected professional employees who wholeheartedly support the proposed program, should ·personally interview all eligible persons. A special effort should be made to win the support of professional engineers who by their competence and personal qualities have won the respect ~~ c?n• fidence of their fellow employees. The participation of these individuals may favorably influence the decisions of those who are uncertain or extremely cautious. The interviewers should exercise patience in dealing with eligible candidates who oppose ~e proposed course of action. Many of them ~ have deep-seated convictions growing out of education an~ training their experience in the past and their tempera'ment. The only hope of obtaining t:1eir s~pport is to present clearly and ~ y ~e 1SSUes mvolved what failure to take action will mean, the limitations of other courses of action, and the persons in the organization who are supporting the p~ogram, The method of the interviewer, of course,. will ~ with the type of individual with whom he J.S dealing. It often pays to be-a "good listener". It seldom helps to contradict or disagree. Frequently, best results can be obtained after the candidate has ~ad ~ opportunity to state his objections in full, with: mterruptions or even as the result of tactful prod g. been interviewed and who Each person who bas , willingness to support the proposed orgam· expresses a . an Authorization Card Provisional Comzation should be asked t? 51gn which states that he designates the £ callee • r the purpose o • mittee as his representative ior • tion . b • • g until the proposed labor orga:mza ttve argamm I • • portant tablished (see Form i) . t J.S un • t, his name and to has b een es • t write, not pnn for the 51gner 0 • . he affixed his signature. insert the date o~ whi~ h uld also be entered The name of the mterviewer s o opposite "witness"· ard vill ''not proIt should be noted that the Belo . , unless the . • ti.on and ecuon ceed with an . mvestiga rima facie showing that petitioning uruon makes ~ number of employees, it represents a substanti . . vote is likely to sufficient to indicate that a ni:1or_:~\ rule the Board ~...-..ining agent • =, • be cast for a b....o--;-: roduce specific evidence, uires "that the petitioner P. . • that it reprereq . . cards mdicaung . such as authorization ' t of the employees m sents approximately 30 per cen a.i _____ ____. llllllliiil �46 FORMING AN ORGANIZATION FORMING AN ORGANIZATION AUTIIORIZATION CARD I, the Ulldersigned, hereby designate the Provisional Committee on the Organization of Profes1ional Employ~ of the . .... . .... •• ••• •• • Company 35 my representative for collective b:ir• gaining until the labor organization which it is sponsoring is form:illy cstablishcd. . Signature .. . .. . ..... . .....•.••• Position Title . . .. . ..... . .. .... •• D:ite ... .. ... . .... . . ... . . ,vimcss . . .... .. ... .. ......... . area. It is suggested b . . . that the subcomm.itteeotain a ozen constitutions of various types f a hlfd 0 organizations. labor An analysis of the constitutions of s· 1 bo . . f f . lX a ro garuzations or pro ess1onal employees d"1scloses thr. subject matter treated therein. The items e considered include: commonly 1. Name of organization. !2. Objectives or purposes sought. 3. Membership. Usually the constitutions specify the q alifi • for a_dmission to membership. Less u frc C::tions they include provisions for resignations ~ ently reasons. for as well as the procedure to roi/ ~ e suspcnSJon, canceJlation of membership dow .m statment. • an rem- Form 1 the bargaining unit".tt The goal sought should be a substan~al majority of all eligible candidates. To win an ~ection _the petitioning labor organization must obtain a tnaJority of the votes cast. 4· Meetings. Time and notice of meetings quorum d ' an_ procedure for calling special m~ bcrsh"ip meetings. 5. Executive Board. A3 • • • designate the tenure f :>.Iiirule• .the constitutions O c;s, ~e of meeting, and duties of mcm• rs. ometllnes they also specify the quorum procedure for resignations, basis for removal fro~ office£ vdo~~' ncces_sary to decide issues, and the man• ner O e.uing with expenses. Officers. Name • an d f unctionJ • . offices• d u tics of officen d th of CU' tenure and eligibility. ' an be Subcommittee on Constitution and By-Laws ~ organization must have a constitution to function effectively. The constitution embodi th fun?amental ~rinciples and policies which es e bas1S for establishin th . . serve as a g e organization and a gw·de to th e officers and membershi • • decisions and •·,_,_ . P m making 1g action. Many org • • which contain rul d an~tions adopt by-laws ad.minis·tr ti" f esth an regulations that facilitate the a on o e organizati , • . and meetings. on s penodic activities = Because \he drafting of a constitu • . and the formal establishm tion takes time • • ent of a labor O must await its adoption the p . . rgantzation should appoint the Subc' _rovmonal Committee ommittee on C • • andBy-Laws as soon as poSSI'ble. onstitution The constitution of the D and Power Professional Engmeers . e~artment As • of • Water prod. uced in Appendix C. This so~ia~on is r~ O affiliate of the Southern Calif . tganlzation is an gineers Associati"on Th o_nua Professional En • e constituti regarded as a model. In fac . on should not be for independent labor org~~ would be unwise same pattern or use the ons to follow the same Phraseol tended _only as a general guide whi ogy. It is inthe subject matter to be dealt "th ch may suggest which it is generally organized w~ ~d the form in be tailor made so that the :11 onstitutions should conditions prevailing in y ~ meet the needs and a given establishment or 6. 7. Election of Officers. Mretbod, notice and time of elections eligibility o voters! proccd urc for nommations, • • • method and 0 f counting ballots. 8. Referendum. Questions • d or reqwrc• mcnts for which b . .may be sub m1ttc . . su 11USS1on as well as method of sub?llSSJboalln and procedure to be followed in count• ing ots. 9. Financ,s. Usually the co ns,: • • • • ...tutions deal with applicauon ral-cy ecs for mcmbc hi f . n P dues, emergency a.sscssxnents, pen· method to. pay du~s, pay of oflicen! and andling receipts and cxpcnditurCS· Less frc 0 qucntly reference is made to the bonding Of ofli. ccrs• au di· ting of accounts procedure to fol• lo w check ID regard to d ucs of unemployed • mcmben, the .,.,.ft:.~ . -off, and fccs to be paid to parent or· a .........tlon. 3/1~ 10. II, Collective Bargaining. :dadrul_e th e constitutions merely list the nll!Jle Two ~tJ~ 0 ~ the collective bargaining agCDC1• barg . _nsbhltions designate the unit for collective ~ng. One coiutituti cilicall requireS executive board approval on shi andspc anothery member· P approval of the collective bargaining contract. Amendment of Constitution. One or two of these constitutions provide for an aruzational seal; specify the procedure to follow org individual members subDUt • gnevances • • 1vmg • mvo n h we li th th organization, its officers or members; out ne e ~cedure for enacting and amending by-laws; list pr · • d uties; • des1gnate • the standing comnnttees and their the officers who are eligible to sign organization documents; specify the location of the main office where two or more chapters exist; and lay down policy with respect to strikes and affiliation with other labor organizations. It is hardly necessary to suggest that tl}e Subcommittee in drafting its constitution take into consideration the growing criticism levelled at labor organizations which have centralized great power in a single person or the executive board of the organization. Professional employees should insist upon constitutional safeguards which will ensure democratic administration of their labor organization.1 G The Subcommittee on the Bargaining Unit Unless the new organization of professional employees is recognized as the bargaining agent for the bargaining unit embracing the professional employees, it will have no practical value. In the event of a representation dispute, it will be designated as the bargaining agency by the Board only if the bargaining unit sought conforms with the requirements established by the National Labor Relations Board. Generally speaking, the Subcommittee should not expect to bring all professional employees in the establishment into one bargaining unit. This goal is usually unattainable for several reasons. In the first place, professional employees engaged in confidential or supervisory positions should be excluded. In the second place, professional employees who are employe~ on jobs for which professional training is not essential are seldom eligible for inclusion in a unit of professional employees. Lastly, bargaining units are not composed of individuals based on individual qualifications, such as education, experience, and related_ fa~tors, but classifications of employees engaged m similar or related work. . The Subcommittee therefore must think in terms A unit, says the Board, "delineated, ' • bof Jobs. . upon the di~ of the scholastic (or equivalent) history of inVJ. ~l employees rather than on the basis of their f unction• wou Id •m our op1ruon • • be unworkable and 47 inappropriate for collective bargaining purposes".10 For 1?~t reas~n the Board refused to recognize the bargamm~ umt recommended by labor organizations of professional employees in at least two instances. In the Matter of Curtiss-Wright Corporation the Board refused to include the name of the organization on the ballot, 11 and in the Matter of Southern California Gas Company it delineated a new unit on the basis of functions, placed the name of the Association on the ballot and, when it received the majority of the votes cast, certified it as the bargaining agent.18 Thus, jobs and functions and not individuals constitute the point of attack in determining a tentative bargaining unit. The position taken by the Board with respect to bargaining units for professional employees, as revealed by its decisions, may be helpful to those who have been assigned the task of determining a tentative unit. The Board has developed rules which it generally applies to the following situations: ( r) where a labor organization seeks to bring office and subprofessional employees into a unit with production and maintenance workers, ( 2) where the labor organization desires to place professional, subprofessional and clerical employees in a single unit, and (3) where the unit sought would combine professional and sub-professional employees in one bargaining unit. The Board has repeatedly expressed the opinion that "in the absence of persuasive reasons to the contrary'' clerical, (not plant clerical who work with production workers and under the same supervision) and sub-professional and professional workers "are normally segregated from production and main~ nance workers".19 It has refused to include professional employees in such units in those ~es.in w~ch they have intervened and protested their incl~1on. Cases in which the Board has included professional employees in the same unit with p~uction :'°d maintenance are the exception: usually Ill those situ· ations in which professional employees have requested such action or in which the two parties to the dispute have agreed upon a bargaining ~t and ~o group of employees in the bargaining U01t has raised formal = objections.20 bThe record discloses that professio~ and s~ professional employees have been iacl~ded ~ ing units with clerical employees p~Yth . ·t. they have not challenged their inclusion in e ~ The Board states that "in the absence of persuasive �FORMING AN ORGANIZATION ~ 49 FORMING AN ORGANIZATION reasons to the contrary . . . technical workers are usually segregated ... £rom clerical employees if any • separanon • " •21 One interested party argues for thCU' can with safety assume the same position woul~ be taken by the Board with respect to professional employees. There should be no difficulty in those instances in which professional employees seek representation in a bargaining unit which excludes production, maintenance, and clerical workers provided they intervene before the situation becomes crystallized. It should be pointed out, however, that once professional employees have been included in a heterogeneous hargaining unit, it is extremely difficult for them to withdraw from it for the purpose of establishing a separate bargaining unit of professional employees. The determination of a bargaining unit which excludes technical or sub-professional employees is a more difficult problem. The difficulty does not arise out of the unwillingness of the Board to designate a bargaining unit of professional employees only. It has done so in a number of instances. In two cases a committee representing professional employees-not a labor organization-was permitted to intervene. In both cases . the . committee demonstrated that the work of its constituents was different in function fr that of technical employees. As a result, the Bo: o~dered Globe elections so that it could determine the wishes of these professional employees.22 ~n another case, after the Board had establish d a unit of technical and professional employees but e before the ordered election had been held •• filed b th , a petition Y e employer and objections filed b of professional employees caused th Body a group sider its d • • e ar to recontechnical ecis;on and to order separate elections for ch . emp oyees on the one hand and prof • l emists and engineers on the other.!!8 ess1ona It is apparent, therefore that the diffi confronts professional empl ' . . culty which b . . . . oyees m seeking a se a.rgammg urut is not the attitud f parate one challenges its dAc:_,ti. f e o the Board, unless =iuonoab •• • obstacle which sometun · es • argaming urut. The • th . . 1s very difficu) lS e similarity of d ti' d t to overcome u es an respo 'bill' • work performed by th llSl ties in the Unl ese two group Of . ess the work of prof • nal s employees. m function from that ~1oteC:ployees is different Board cannot lnmcaII lace cal employees the • -c:,• YP prof • ' m a separate category for coll . ess1onaI employees poses. It cannot do so because ~~tidvefinbargaining pur. e es a bargaining unit-not as a group of individuals wh0 · types of expenence • possess. cer. tam and meet certai ed and professional qualifications but-as 1 U~tional of employees engaged in similar or relatedc assification bargaining unit, may be of value to the Subcommittee. Th reasons which the Board believed appear to . ~y a separate bargaining unit for professional em24 ~%yees as disclosed by an analysis of six cases are: The Subcommittee may start its dete • . . . . rnunatton of a proposed b argauung urut by preparing a Iist • on which professional employees are workin of Jobs jobs may be classified in the following mann!·: These They perform theoretical rather than manipulative work. They a re responsible for their work. They perform work requiring greater use of judgment and discretion. They require less instruction and supervision. The)" arc engaged on work that requircl higher educational qualifications, such as a college degree or equivalent e>.-perience. They a re hired through the company's central office rather than at the plant where they will work. They have greater possibilities for advancement. In general, they receive higher salaries. They :ire paid on a monthly rather than weekly b:i.sis. They have no fixed maximium or minimum wage r:ite. t . WO~. I. ll, A. Jobs • . ch which unquestionably are profess1onal m aracter. B. Borderline jobs whose functions may not be regarded as professional. or may C. Jobs which are clearly nonprofessional in character. . 4 . 5 The_ Su~co~ttee undoubtedly will include Class A Jobs m their proposed bargaining unit. After a careful study of Class B jobs, it presumably would select those jobs which in its opinion ought to be in the bargaining unit and for which a case can be made. Since job functions constitute the basis on which the bargaining unit is constructed, jobs in Class C cannot be expected to qualify for the proposed bargaining unit. This does not mean, however, that the bargaining unit as finally determined by the Board would necessarily be composed exclusively of employees in qualified jobs because the Board sometimes adds those workers, few in number who directly or indirectly assist professional employ~ and who o~envise might have difficulty in obtaining representation. It should be noted also that all employees, other than those engaged on jobs of a supervisory or confidential nature, who are working on jobs assigned to the bargaining unit must be included in the proposed unit. It is apparent from what has been said that the delineation of a bargaining unit is complicated by the fact that employees who have not met professional standards sometimes work side by side with graduates of approved educational institutions or employees who have otherwise acquired professional status, . _The Subcommittee may have to justify the bar· gaming unit which it seeks to have established, For that r~on it may be advisable to support its peti~on for certification with a statement of the reasons which explain its choice of jobs. In this connection ~e reasons given by the Board in explanation of its decmon •~ to grant professional' employees the oppo~ .,,,_: d "de =ty, by means of a Globe election, to eci whether they want a separate or a heterogeneous 8. 6. 7. 9. 10. 9 ( ~) of the National_Labor Relation., Act, and requests the • Nanonal·rLabor hRelatJom . Board to mvesti=•• ,,_ such quauon and cert1 Y to t e parties the name or names of th . that h ave been designated or selected. e representatives 1. Name of employer.............................. . 2. Address(es) of cstabllihment(s) mvolved: Industry 4, EXCEPT FOR 5. These employees work together, the work of one group complementing that of the other. 2. The work of both is technical in nature. 3. Both have had technical education and experience. 4. The nonprofessional employees often advance to professional status. 5· Both groups are paid on a salary basis. 6. They enjoy the same privileges with respect to vacatio.ns and various benefit plans. Having determined a proposed bargaining unit, the Subcommittee should fill out a Petition for Certification of Representatives, a copy of which is reproduced. Copies of this form may be obtained from any Regional Office of the National Labor Relations Board. Number of employees in the alleged appropriate unit . ......................... ..................... (State here normal employment if establishment is not now operating) 6. The reasons given by the Board in these same six cases which support the claim for a single bargaining unit of both professional and technical employees are: 1. Bargaining unit which petitioner alleges to be app~ priate INCLUDES: • Are there any individuals or other labor orga.nizatiOD$ who claim to represent any employees in the alleged appropriate unit; or are there any collective bazgainmg contracts covering any such employees? ••••• • ••••• •• If so, state name and address of representative, aflilia. tion, if any, and expiration date of any contracts: Has the petitioner notified the employer of claim that a question concerning representation has arisen? •••••• If not, explain failure to do so. 8. Petitioner ...........••• • • • • • • • • • • • • • • • • • • • • • • • • ( State full name and affiliation, if any) DO NOT WRITE IN THIS SPACE. Case No...... R .• • • • By ..............••••••• ( Signature and title of peti• tioner's representative) Docketed cAdd~;>•• cT::i;~i:~~~ ii;.> Subscribed and sworn to before xne this • • • • • • day of ;; -~~•~~ •;i;; -~t a!r· d~;~~t'~. bi~~i~~- w;~ti~ and belief. ... ... B;a·rd. ~e-~t· ~; ·N~~ ~bli~ •••••• NOTE: Petitioner should submit with this petiti~:r examination by Board agents, (I) de! cards designation cards, or other proo o I~ . .! as b.,...,,;ning agent by any emp O)-CCS 1gnauon _,,_ . •• d (2) an within the alleged appropnat~ uru_., an . • alphabetical list of such d ~3 uons, 1.DcJuding dates thereof. f~· NLRB-502 (4-30-46) UNITED STATES OF AMERICA NATIONAL LABOR RELATIONS BOARD PETITION FOR CERTIFICATION OF REPRESENTATIVES p .. has e_llttoner alleges that a question affecting conuncrce th aruen concerning the representation of employees of e cmplo~er named below, within the meanmg of Section (SUBMIT ORIGINAL AND THR,BE COPIES OF THIS PETITION) U. S. Govenunent Printin8 Office 16-45149-2 - �FORMING AN ORGANIZATION FORMING.AN ORGANIZATION This petition should be accompanied with a hi h ummarizes the events supporting statement w c s . ti n leading up to the·formation of the labor orgaruza o. of professional employees, the objectives of the zation the detailed description of the propose . a~. . ' unit a statement of the reasons why it lS gammg ' • cards contammg • • the origin'al authorization sought, the • the signatures, an alphabetical list of em_p_Ioy~es m bargaining unit who authorized the petitioning agency to represent them, and the percentage that the 1:11~mbership constitutes of the total number of eligible professional employees. It is understood, of course, that both the proposed bargaining unit and ~e sup~orting state?1ent should be submitted for consideration and modification or approval first by the Provisional Commit~ee, and later the full membership of the new organization. Lastly, the proposed bargaining unit should n~t be defined in the Constitution until the labor orgaruzation has been designated as the bargaining agency. It may be necessary to modify the proposed bargaining unit in subsequent discussions with the Board. o::u- Organization Meetings When the Subcommittee on Membership has obtained the support of a majority of the employees in the proposed bargaining unit, sooner if events make such action advisable, all eligible employees should be invited to a meeting to hear the report of the Provisional Committee on the Organization of Professional Employees. Since a copy of the Open Letter to Professional Employees has previously been mailed to all eligible voters, further e>.-planations of the purpose of the meeting should not be necessary. . At the meeting the Committee might review bnefly the problem confronting professional employees, the possible courses of action the advantages ~d ~advantages of each, and the p;oposed bargainmg urut. The findings and recommendations should then be presented. A frank discussion of all the issues should be encouraged. If deemed advisable . f , a representative o a labor organization of professional employees from a nearby establishment may b . . d to relate the experiences of his organizati e _mthvitel lecti b • • on Wl co ve _argammg and to review the steps taken by his associates in establishing th.,;. . . = association. After a full discussion of the pertinent the Chairm matters, an may suggest that action be taken on the recommendations of the Provisional CoIIlJnitte Unless objections ar~ raised, a ballot prepared in a: vance of the meeting should be distributed. Th ballot may list the possible courses of action tha~ might be taken so that voters may consider all possibilities and select the one they prefer, or it may simpl afford them an opportunity to indicate whether th/ favor the formation of an independent labor organ{. zation of professional employees and, in the event they do, whether they would join such an organization and give it their support. The ballot should request the signature, the name of the department, and the position title of each voter. Because some voters may wish to give the matter further consideration, selfaddressed envelopes should accom pany the ballots. The Provisional Committee with the assistance of two or three additional employees selected from those present at the meeting should tabulate the votes and announce the results either by mail or at the ne..xt meeting. If a majority approves the establishment of an independent labor organization, the date for the n ext meeting sh ould be set and a copy of the proposed constitution mailed with the notice of the meeting. At the second organization meeting, the proposed constitution should be the principal item on the agenda. Each provision of the constitution should be discussed and suggested modifications and additions carefully considered. Notes should be taken of the discussion so that the Subcommittee on the Constitution and By-Laws will have the information _on which to revise the constitution in accordance with .• n the wishes of those present. If a difference of opllllO arises with respect to any article or section and more than one clause or solution is suggested, all propos~ should. be included in the revised constitution an listed as possible choices from which one is to be selected. If a nominating committee is to be used in connection with the election of officers and represdenta: • • . 1 d. accor anc tlves, 1t should be appointed or e ecte J.Il titu· with the procedure specified in the propose? cons this tion before the meeting is adjourned. Action_at the meeting will reduce the time needed to bnng organization into being. ed en- The revised constitution, a. self-a_ddr:: notice velope, and a ballot should be mailed with ed to of the next meeting. All voters should be ~:ie It return their ballots by mail as soon as possi • uld be noted that each article must be approved ~oarately before the constitution can be adopted. A 5 p of a written ballot used by one group of procop: nal engineers is reproduced as Appendix D. To f ess10 . th . b . . ensure that only employees m e tentative argammg unit vote, the name of each voter should be typed on the ballot sent to him. Assuming that the constitution has been adopted, the first item on the agenda ~f t:ie :hlrd organiza. al meeting should be the distribution and collecoon hi Th li • e app cation tion of applications for members p. blank should request certain identifying information (name, address, telephone number, date of birth, etc.), the name of the applicant's employ:1', _the position h eld, his signature, ~d _the date of s1~g. Since membership in orgaruzat:J.ons of professional employees is in part based on education and experience the blank should provide space for reporting esse~tial information concerning the educational and job history of the applicant. Finally, the application blank may carry a statement to the effect that the applicant, if admitted, agrees to subscribe to the provisions of the constitution. Appendix E reproduces the "Application for Membership" of the Southern California Professional Engineering Association. When the membership has been determined by an examination of the application blanks filled in at the meeting, the report of the nominating committee becomes the next major item on the agenda. If elections are to be held at this meeting, an official election ballot should have been prepared in advance. If time permits, the election is frequently held by mail. Appendix F reproduces a copy of a ballot used by an association of engineers and engineering assist• ants in a Philadelphia company. When the votes cast in the election have been tabulated, the newly elected officers take over all the responsibilities of the Provisional Committee. In most instances, many of the members of the Committee Would serve as officers and representatives of the ne':"' organization. As a result, the conduct of the organization's affairs should not be materially affected. The official installation of the officers should take place at a later meeting. Determination of Majority for Representation Purposes The organization now has two immediate objectives to attain: designation of its organization as the 51 representative of the employees in the proposed bargaining unit and a collective bargaining contract with the employer. The first step to be taken is to write a letter to the employer calling his attention to the fact that the organization represents a majority of the employees in the positions and departments or divisions included in the proposed bargaining unit and requesting a meeting with an authorized representative of the Company for the purpose of negotiating a contract with respect to wages, hours, and working conditions. At this meeting the employee representatives may be able to convince the employer that they represent a majority of the employees in the unit. In that event, assuming that no other labor organization seeks to represent them, the employer may recognize the organization without majority determination by the National Labor Relations Board. Frequently, after ascertaining the composition of the bargaining unit proposed by the organization, he will_ refuse recognition until the organization has been designated by the Board. From the standpoint of the labor organization, the latter course of action is mor_e desirable. Informal recognition without a detemunation by the Board leaves the organization m?re vulnerable to a challenge on the part of a competmg organization. For that reason, the representatives of the professional employees may want t? maneuver the negotiations so that the employer ~ request a determination of majority representation by the Board. • of th A petition must be filed with the Director . e Re •onal Office of the National Labor Relatio~ gid • the area in which the establishment IS Boar m • has t done located. If the Provisional Committee no I •h legal counse to so previously, it may WlS to engage . hich no handle its case with the Board. In cases m '; . . . . eting for certification, other labor orgaruzation IS comp ffi f an Ano cer o such action may not be necessary. eriorganization of professional employe_es whose exp ds ertification, recommen ence covers more than one c f his knowledge of the that legal counsel, because o Io ed when bearBoard's rules of procedure, be emp y !?6 In those in before the Board become necessai;:- o aniza. gs . • hich two or more competmg rg situations m w. . egal counsel or a consultant tl·ons seek certification, I • desira ' ble would seem to be highly • .' .r Certification • • the Petition IOr Before subIXUtting . rtin statement, the of Representatives and its supfamili~e themselves officers may find. it helpful to I �FORMING AN ORGANIZATION 53 FORMING AN ORGANIZATION with the procedure followed by the Board in h~dling representation cases. In that event they may W1Sh t~ reread the description on that aspect of the Boards work in Chapter I (pp. 15 to 28, inclusive) ~d the Board's Rules and Regulations, a copy of which may 'be obtained at one of its regional offices. If another labor organization is interested in representing the professional employees, the new organization may find itself confronted with two difficulties: ( 1) challenge of the unit sought and (2) a possible challenge of the legal status of its organization on the ground that it is employer encouraged and dominated. The first difficulty can be met by carefully defining the unit in functional terms, and by a willingness to accept modifications of its proposed unit when the Board's requirements make such action advisable. A charge of employer domination is much less likely than a challenge of the bargaining unit. The status of the Central Ohio Group of Professional Engineering Employees, however, was challenged by the AFL on the grounds that the American Society of Civil Engineers-including employers as members and officers-was instrumental in its establishment. The Board never decided this question because the unit sought by the Group was found inappropriate.2 0 The Association of Industrial Scientists, at Shell Development Company, was also challenged as an employer-dominated organization by the Federation of Architects, Engineers, Chemists and Technicians c.1.0.21 ' A challenge of this nature is a serious matter b~~e the ~oard will not consider a representation F'.etition unri! the charge has been investigated, a bme-cons~g process. Fortunately, this practice is the exception and not the rule. It is interesting to n~te that after the res~arch and development engineers at the RCA Victor Division of the R di . fAm . a o Corporation o enca rejected a heterogeneous unit under F AECT representation the engineerin g memfhers. of F AECT . decided that their best course o action was active participation in th • d . e m epend ent Wll0n that was then proposed and later certified. Once the organization has been d • b · · . . es1gnated the ~gchauunghagent, ~t IS ready to undertake the function w sue .·thagencies perform' namelY, t o negotiate • a contract Wl the employer. Subsequent cha ters • • formulating p will deal with the procedure followed 10 d mands, the purpose of collective bar=;.,;,.. th ec -....g, e con- tent of the collective bargaining contract, and th rocess of negotiating and administering such con-e P tracts. presented to the Wartirn Labor Relations Board by the "Fourteen Societies" c January 9th, 1945. The Engineering J ournal, Jan:~ ary 1945, PP· 49.51. 1 Brief on Collective Bargaining 2 See Appendix B for list of na tional a nd regional unio and associations serving as bargaining agents for p: fcssional employees. s Annual reports of the National Labor Rela tions Board especially its report for the fiscal year ending in 1942: pp. 45 to 46. f Seventh Annual Report of the National Labor R elations Board for th e ~is~al Year Ended June 30, 1942, U. S. Government Pnntmg Office, Washington, D. C., p. 42. ~ Sec Matter of Dade Drydock Co., 58 NLRB 833 and Matter of the Standard Oil Company of Ohi~, 63 NLRB 990. In these two cases the Bo:ird refused to entertain "petitions of organizations found to be successors to organizations previously ordered disestablished in proceedings involving violation of section 8 (2) of the Act'' . (Tcntli Annual R eport of th, National Labor R elations Board, Fiscal Y ear Ended June 30, 1945, U . S. Government Printing Office, Washington, D. C., 1946, p. 17 and footnote 8.) data and do not assist and act in a confidential capacity io a managerial employee in th, field of labor relations, (To the extent that Matter of the Yale & Towne Mfg. Co., 60 NLRB 626, Matter of Consolidated Vultee Aircraft Corp., 54 NLRB 1031 and similar cases arc inconsistent with the views expressed above, they arc hereby overruled.)" 12 Tenth Annual Report of the National Labor R,lations Board, Fiscal Year Ended June 30, 1945, U. S. Govemrnent P.rinting Office, Washington, D. C., footnote 8, page 17. 1s Sec Radio Corporation of America, RCA V ictor Division (4-R-1 429). 14 Tentli Annual R eport of the National Labor Rtlations Board, Fiscal Y ear Ended J une 30, 1945, U. S. Government Prillting Office, Washington, D. C., page 16 and footnote 7. 15 The Subcommittee may wish to refer to Democracy in Trade Unions, American Civil Liberties Union, 170 Fifth Avenue, New York 101 Nov. 1943. This publication surveys the practices of trade unions and recommends provisions which make for their democratic functioning. 10 Matter of Curtiss-Wright Corporation, 9-R•1738, August 1945, 63 NLRB No. 30. 11Ibid. 18 Case 21-R-3811, January 1946, 65 NLRB No. 90. o Ibid., p. 17. 1 I bid., p. 17. Sec also Matter of Laru.s & Brother Co., I nc., 62 NLRB 1075. p. 18 See Matter of A tlanta Oak Flooring Co., 62 NLRB 973. 8 Ibid., o Ibid., p. 18. 10 Sec chapters 1, 3, and 5 of Part I for basic material to be used in preparing this statement. 11 ln the Matter of Ford Motor Company 13-R-3219, the Board found it necessary to dctcmw'ic whether tiine study employees were either managerial or confidential employees. In its decision the Board stated : "It is our intention to limit the term 'confidentiaf so ~ to embrace only those employees who assist and act m a .confidential capacity to persons who e;c,rci.s• 'managenal' fu nctions in the field of labor relations. "We do not believe that the duties of time study CXD· ploye_~, when viewed in the light of the fore~oing definitton_s, warrant a finding that they arc t1th~ 'managcnal' or 'confidential'. The comJilon denoJlll• nator of all time study pcnonnel is their pcrfot1JJaJ1CC 0_f fact-finding duties through means of time an? Jll01:lon .s~dics which arc utilized by management ID de· temwung techniques of production and rates of pay. 1:Jle performance of these functions alone is not suBi· 1 cicnt to warrant their exclwion. They cannot be : • garded as fonnulating determining and ,f!ectualltll "!4nage'!lent policies, tor they merely supply in{orrr_sz: ~ion wh_ich may b, us,d by the employer in establis ing folicy regarding labor relations. Nor can theY be co?ud~red as 'confidential' in as much as they 1.ate pnmarily concerned with the gatherillg of techn cal 10 T,nth Annual Report of the National Labor Relations Board, Fiscal Year Ended June so, 1945, p. 35• See also Matier of Ward L1onard Electric Co., 59 NLRB 1305 ; Matter of Socony-Vacuum Oil Co., I nc., 60 NLRB 559; Matter of E. I. du Pont de Nemours and Co., Rayon Division, 62 NLRB 146; M atter of Savage Anns Corp., 62 NLRB 1156; Matter of Rockford Scr,w Products Co., 62 NLRB _1430; and Matier of Prader and Gamble Manufactunng Co., 62 NLRB 1262 • 20 See Matter of Willys Overland Motors, Ine., R.-829, Nov. 17, 1938, 9 NLRB 924,. and Jan. 18, 1939, 10 NLRll 160; Matter of Enterprise Wheel & Car Corporation, R:-4999, Mar. 26, 1913, 48 NLRB 644; and Malter of Simmonds Aerocessones, I nc., R-3846-8, July 8 19+2 42 NLRB 179. ' ' 21 Tenth Annual Report of the Nalional Labor Relations Board, Fiscal Year Ended June 90, 1945, p. 35. Sec also Matter of Curtiss-Wright Corp., 63 NLRll 207 and cases cited therein (footnote 14), and Matter of Continental Steel Corp., 61 NLRB 97. 2 2 Mattu of Shell Dev,lopment Co., Inc., R-3245, Jan. 13, 1942, 38 NLRB 192 and Matter of Radio Corporation of America, RCA Division, 4-R-1429, Aug. 301 194-4, 57 NLRB I 729. 2ll Matter of Aluminum Company of America, ,t al., 6·Ri o5 i, 1077-9, May 10, 1945, 61 NLRB 1066 and 62 NLRB 318. 2" The previously cited cases of Shell Development Company, Radio Corporatioo of America, and Aluminum Company of America; and Malter of Monsanto Chemical Co. (1R-1626, Dec. 11, 1943, 53 NLRB 1283), General El,ctric Company (4.R-1948, July 6, 1944, 57 NLRB 81 ), and Lockhud Aircraft Corporation (21-R2 213, 2355, Oct. 20, 1944, 58 NLRB 1188). 25 Green Sterling S.: "Professional Engineen in Southern California Fonn Bargaining Units", Cioil Engintering, May 1946, p. 213. 26 Matter of Curtis~-Wright Corporation (9-R-1738, August 19451 63 NLRB No. 30). 27 Wagner, H. A.: "The Wagner Act and the Engineer", Profmional Engineer, J une 1945, P· 38. �...::::::. 55 Appendix A NATIONAL LABOR RELATIONS ACT (49 Stat. 449) D!PINfflONS AN ACT To diminish the causes of labor disputes burdening or obstructing interstate and foreign commerce to create a National Labor Relations Board, and for oilier purposes. Be it enacted by t/ie Senate and House of Representatives of the U nited States of America in Congress assembled, PINDlNOS ANO POLICY SECTION r. The denial by employers of the right of employees to organize and the refusal by employers to ac• eept the procedure of collective bargaining lead to strikes and other forms of industrial strife or unrest, which have the intent or the necessary effect of burdening or obstructing c_ommerce by_ (a) imp~n_g the efficiency, safety, or opera• !1on of the mstrumentalittes of commerce; (b) occurring m '?~ current of c?mmerce; (c) materially affecting, re• strauung, or controlling the Bow of raw materials or manufactured or processed goods from or into the channels of commerce, or the prices of such materials or goods in com~crce; or (d) causing diminution of employment and wages m such volume as substantially to impair or disrupt the market for goods Bowing from or into the channels of commerce. The inequality of bargaining power between employees ~ho do not possess full freedom of association or actual liberty of contract, and employers who are organized in the . ~rporate or other forms of ownership association substantially burdens and affects the Bow of commerce and tends to aggravate recurrent business depressions, b; depressing ~ge rates and the purchasing power of wage earners in industry and by preventing the stabilization of competitive wage_ rates and working conditions within and between industnes. . h Experience has proved that protection by law of the : t to employees to organize and bargain collectively C~ards commerce from injury, impairment, or inter?Upti?n, and promotes the flow of commerce by removing CCrtain recognized sources of industrial strife and unrest, by encouraging practices fundamental to the friendly adjustment of industrial disputes arising out of differences as to wagalie~, hours, or other working conditions, and by restoring cqlu ty of bargaining power between employers and emp oyees. Sta It is hereby declared to be the policy of the United st tes_ to eliminate the causes of certain substantial obe:~tions to the free Bow of commerce and to mitigate and en mate these obstructions when they have occurred by ~raging the practice and procedure of collective barfre d g and by protecting the exercise by workers of full repe om of_ association, self-organization, and designation of nc ~cn_tativcs of their own choosing, for the purpose of ot~~~ating the terms and conditions of their employment er mutual aid or protection. Ste. 2. When used in this Act( 1) The term ''person" includes one or more • di •d a}s, partnerships, associations, corporations, legal rep~i: tives, trustees, trustees in bankruptcy, or receivers. • ( 2 ~ The term "employer" includes any person acting m the m!erest of an employer, directly or indirectly, but shall_ ~o~ mclude the United States, or any State or political subdivmon thereof, or any person subjcc.t to the Railwa Labo~ A~t, as amended from time to time, or any Jabo~ organuatioi:i (o~er than when acting as an employer), or anyone actmg m the capacity of officer or agent of such labor organization. ( 3) The term "employee" shall include any employee, and shall not be limited to the employees of a particular employer, unless the Act explicitly states otherwise, and shall include any individual whose work has ceased as a consequence of, or in connection with any current labor dispute or because of any unfair labor practice, and who has not obtained any other regular and substantially equivalent employment, but shall not include any individual employed as an agricultural laborer, or in the domestic service of any family or person at his home, or any individual employed by his parent or spouse. (4) The term "representatives" includes any individual or labor organization. (5) The term ''labor organization" means any org;w• zation of any .kind, or any agency or employee reprcsenta• tion committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of deal· ing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work. (6) The term "commerce" means trade, traffic, commerce, transportation, or communication ~ong the se~ States or between the District of Columbia or any Tcmtory ;f the United States and any State or other Teff!tory, or between any foreign country and any State, ~ef!ltory, or the District of Columbia, or within . the . D15tnel of Columbia or any Territory, or between points ':° the same State but through any other State or any Terntory or the District of Columbia or any foreign country. ( 7) The term "affecting commerce" means in com• xncrce, or burdening or obstructing co~crce or the frc: flow of commerce, or having led or_ tending to lead tothc labor di$pute burdening or obstructing commerce or free fiow of co.mmcrcc. (8) The term ''unfair labor practice" means any un• fair labor practice listed in section 8. (9) The term "labor dispute" includes any controversy concerning terms, tenure, or conditions o_f ctn~l~~i::; : concerning the association or reprcsent:ition ° seeking 10 0 negotiating, fixing, m~tairuny, ::p=~t ~garc11css of O arrange terms or conditions • �• NATIONAL LABOR RELATIONS ACT NATIONAL LABOR RELATIONS ACT whether the disputants stand in the proximate relation of . ,, employer and employee. ( 10) The term ''National Labor Rclauons Board means the National Labor Relations Board created by sec• tion 3 of this Act. ( 11) The term "old Bo:ird" means the Nation:il Labor Relations Board established by Executive Order Numbered 6763 of the President on June 29, 1934, pun uant to Public Resolution NUIDbered 44, approved June 19, 1934 (48 Stat. 1183), and reestablished and continued by Execu• tive Order Numbered 7074 of the President of June 15, 1935, pursuant to Title I of the National Indus0al Recovery Act (48 Stat. 195) as amended and conunued by Senate Joint Resolution 1331 approved June 14, 1935. 1 So in origin:il. NATIONAL LADO!\ 11.RLATIONS BOARD Sze. 3. (a) There is hereby created a board, to be known as the "National Labor Relations Board" (herein• after referred to as the ''Board"), which shall be composed of three members, who shall be appointed by the President, by and with the advice and consent of the Senate. One of the original members shall be appointed for a tenn of one year, one for a term of three years, and one for a term of five years, but their successors sha11 be appointed for terms of five years each, except that any individual chosen to fill a vacancy shall be appointed only for the unexpired term of the member whom he shall succeed. The President shall designate one member to ,crve as the chairman of the Board. Any member of the Board may be removed by the President, upon notice and hearing, for neglect of duty or malfeasance in office, but for no othe1 cause. . (b) A vacan_c~ in the Board shall not impair the nght of the rcmauung members to exercise all the powers of the Board, and two mcmben of the Board shall al all times, constitute a quorum. The Board shall have an' official seal which shall be judicially noticed. (c) The Board shall at the close of each fiscal ycaz make a report in writing to Congrus and to the President stating in detail the cases it has heard the decisions it has rendered, th~ names, salaries, and duties of all employees and officcn in the employ or under the supervision of the Board, and an account of all moneys it has disbursed. Sze. 4• (a) Each member of the Board shall receive a salary of $10,000 a year, shall be eligible for rcappointm t and shall not engage in any other business vocation en0 ; emp1oyment. The Board shall appoint, with~ut d' f the provisi , laws • but subject regart thor . . ons of the Ci'vii•SCZV!ce 0 • sccre-e Class,ficauon d chAct of 1923' as amended, an executive tary' an su attorneys, examiners and re • al dire and shall appoint such other employees withgion d ct~n, ing laws applicable to the employment and c:,:ar to .cxutofficers and employees of the United Stat pcnsat1on of time to time find necessary for the cs, as it m.ay from its duties and as may be from time tt::,cr perfo~ance of by . Congress. The Board may estab~ a!t~t':ated for .regional, loc:il, or other agencies and tiliz ti1izc such tary and uncompensated services 'as ma uf e ~ch volunbe needed. Attorneys appointed' und Y _rom ~e to time the dir~ction of th~ Board, appear %r~~tction may, at Board ID any case ID court. Nothing in . .rcp~t the construed to authorize the Board to a , ~ '\~ shall be the purpose of conciliation or mediaJpom(t mdiV1duals for on or for statistical work), where such service may be obt:i.ined from th D e epartment of Labor. (b) Upon the appointme~t of the three original bcn of the Board and the designation of its chainnanmC:::. old Board shall cease to exist. All employees of th~ 01: Board shall be transferred to and become employees of h Board with salaries under the Classification Act of 19n t e . • b Y sue h t ransfer a pcrma •3, as amended, w1.thout acqu1nng or civil-service status. All records, papers, a nd propc~c:} the old Board shall become records, papers, and property of the Board, and all unexpended funds and appropriatio for the use and maintenance of the old Do:ird shall bcco: funds and appropriations ava ilable to be expended by the Board in the e:cercisc _of the powers, authority, and duti~ confercrrcd on 1t by this Act. (c) All of the expenses of the Board, including all necessary tra\'eling and subsistence expenses outside the District of Columbia incurred by the members or employees of the Board under its orders, shall be allowed and paid on the presentation of itemized vouchers therefor approved by the Board or by any individual it designates for that purpose. Sze. 5. The principal office of the Board shall be in the District of Columbia, but it may meet and exercise any or all of its powers at any other place. The Board may by one or more of its members or by such agents or agci:cics as it may designate, prosecute any inquiry neCCSl3ry to its functions in :my part of the U nited Sta tes. A member who participates in such an inquiry shall not be disqualified from subsequently participating in a decision of the Board in the same case. Sze. 6. (a ) TI1c Board shall have Guthority from time to time to make, amend, and rescind such rules and regu• lations as may be necessary to carry out the provisions of this Act. Such rules and regulations shall be effective upon publication in the manner which the Board shall prescribe. RIGHTS OP EMPLOYEES . Seo. 7. Employees shall have the right to sclf-organ.i• zation, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in concerted activities, for the purpose of collective bargaining or other mutual aid or protection. Seo. 8. It shall be an unfair labor practice {or an employer( 1) _To interfere with, restrain, or coerce cmployees in the exercise of the rights guaranteed in section 7. (2) To dominate or interfere with the formation or a~tration of any labor organization or contribu_te fill· ancial or other support to it: Provided, That subJCCt to rules and regulations made and publlihed by the Board pur• suant to sc.c~on 6 (a), an employer shall not be prohibited ~m pemutUng employees to confer with him during work· mg hours without loss of time or pay. (3) By discrimination in regard to hire or tenure of employment or any term or condition of employment to .en· <=?urage or discourage membership in any labor org~· tlon: Provided, That nothing in this Act, or in the Nanonal Industrial Recovery Act (U. S. C., Supp. VII, ti~e 15, secs. 7°1-712), as amended from time to time, or Ill anY ~de or agrccme.n t approved or prescribed thereunder, or m any other st11tute of the United St.ates shall preclude ~ employer from making an agreement wi~h a labo.r o~· zation (not established, maintained, or as.1uted by any acnon d in this Act as on unfair labor practice) to require, d~econdition _of e_mployment, mcm?enhip therein, if such aJbor rgani.zatl~n 1s the ri:prcsentativc o~ the employees as 0 in section 9 (a), in the appropnate collective barla vided ~ g unit covered by such agreement when made. 57 ~ served upon such person a complaint stating the ch that respect, and containing a notice of hearing ~ e Board or a member thereof, or before a deii ore ~gentafor agency, at a place therein fixed not less th:ar ays ter the serving of said complain't. • _ ch ve l • t be su comamended by the member agent or a P am may ~nduc~g the h~ring or the Board in i:.S disc~tion a~C:.Ucy wne of an order based thercon. Thye pc pnor to the•1SSuance d rson so com_p1_ame of shall have the right to file an answer to the on~ or am~ded complaint and to appear in p_erson or ?therwise and give testimony at the place and wne fixed m the complaint. In the discretion of the member, agent, or agency conducting the he:iring or the Board any oth;" person may be allowed to intervene in the said proceeding and to present testimony. In any such proceedmg the rules of evidence prevailing in courts of law or equity shall not be controlling. : n,iy ( ) To discharge or otherwise discriminate against an 4 because he has filed charges or given testimony tplployee under this Act. ( ) To refuse to barg~ collectively with the representatives5 of his employees, subJect to the provisions of section 9 (a) . REPRESENTATIVES AND ELECTIONS Sze. 9. (a ) Representatives designated or selected for the purposes of coUcctivc bargaining by the majority of the employees in a unit appropriate for such putposes, shall be the ClCclusive representa tives of all the employees in such unit for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, or other con• ditions of employment : Provided, That any individual employee or a group of employees shall have the right at any time to present grievances to their employer. (b) The Board shall decide in each case whether, in order to insure to employees the full benefit of their right to scl£-organization and to collective bargaining, and other• wise to effectuate the policies of this Act, the unit appro• priate for the purposes of collective bargaining shall be the employer unit, craft unit, plant unit, or subdivision thereof. (c) Whenever a quc.stion affecting co=ercc arises concerning the representation of employees, the Board may investigate such controversy and certify to the parties, in writing, the name or names of the rcp,csentativcs that have been designated or selected. In any such investigation, the Board shall provide for an appropriate hearing upon due notice, either in conjunction with a proceeding under section 10 or ot.herwise, and may take a secret ballot of cmployccs, or utilize any other suitable method to ascertain such representative., . (d) Whenever an order of the Board made punuant to s;ction 10 (c) is based in whole or in part upon facts cert:16ed following an investigation pursuant to subsection (c) of this section, and there is a petition for the enforce• Dlent or review of such order, such certification and the r~rd of such investigation shall be included in the tran· scnpt of the entire record requucd to be filed under subice' lions 10 (e) or IO (f), and thereupon the decree of ~e court enforcing, modifying, or setting aside in whole or m ~art the order of the Board shall be made and entered upon e pl~dings, testimony, and proceedings set forth in such transcnpt. PREV.BNTJON 01' UNFAIR LAJIOR PRACTICES p ~EO, 10. (a) The Board is empowered, as hereinafter f ~~ded, to prevent any person from engaging in any un• abor practice (llited in section 8) affecting commerce, b power shall be exclusive and shall not be affected ~ any other means of adjus~cnt or prevention that has othcn o_r may be establlihed by agreement, code, law, or erw1se. Thls Bag Jb) Wh~nevcr it is charged that any pcnon has ~th eBom or u engaging in any such unfair labor pracuce, fo: ard, or any agent or agency designated by the Board such purposes, shall have power to issue and cause to (c) The testimony taken by such member, agent, or agency or the Board shall be reduced to writing and filed with the Board. Thereafter, in its discretion the Board upon notice may take further testimony or h~ argument. If upon all the testimony taken the Board ahall be of the opinion that any person named in the complaint has en• gaged in or is engaging in any such unfair labor practice, then the Board shall state its findings of £act and aha1l issue and cause to be served on such person an order requiring such penon to cease and desist from such unfair labor practice, and to take such affirmative action, including reinstatement of employees with or without back pay, as will effectuate the policies of this Act. Such order may further require such person to make reports from time to time showing the extent to which it has complied with the order. If upon all the testimony taken the Board shall be o.f the opinion that no person named in the complaint hu engaged in or is engaging in any such unfair labor practice, then the Board shall st.ate its findings of £act and shall issue an order dismissing the said complaint. (d) Until a tranScript of the ~rd in a ~ shall have been filed in a court, aa hereinafter provided, the Board may at :my time, upon reasonable notice and ~ su<;h manner as it shall deem proper, modify or set asi~c, m whole or in part, any finding or order made or 1SSUed by it. (e) The Board shall have power to petition ~y cir• cuit court of appeals of the United States (~cludin~ the Court of Appeals of the District o_f Colu~ln11), or if ~ the circuit courts of appeals to which applicauo.n m;Y made arc in vacation, any district court of the Uiutcd ~tes . cl ding the Supreme Court of the District of ~olumbia), bcl'Clll the UD· . . 'vcl ( m u any circuit or d1stnct, within respecu Y, w • ch fair labor practice in questio~ occurred or~~=~: of person resides or transacts ~usmess, for th~ef or rcsuain· such order and for appropnate tcm~rary •-ft•cript . d hall crtify and file JD the court a u mg order, an s c din • cl ding the plead· in ~ entered and of the entire record in the ~rocec g, ings and testimony upon{ ~ 0 0 such filing, the the findings and order. o the of t~ be served upon such court shall cause notice creo . . • • of the proccedpcrson, and thercupo~ sh:ill hav~ and shall bave ing and of the question dctCJ1Dlll~ef or :CStniJiliig order ak and enter upon power to grant such tcinporarr d as it deems just ~d proper, an to~ esct forth in 111ch the pleadings, tesumony, ~d P~ying and enforcinr as uanscript a decree. cnfo~! mob 1 0 ; in part tbe order so modified, or scttlllg 1111de lll w o c ~c; t; 1rt= �COLLECTIVE BARGAINING AGENCIES 59 NATIONAL LABOR RELATIONS ACT of the Board. No objection that has not been ~rged ~ore the Board, its member, :igent, or :igency, shall be collSldcrcd by the court, unless the failure or neglect to- ~rge su~ objection shall be excused because of extraordinary ~cum.stances. The findings of the Board :is to the facu, if supported by evidence, shnll be conclusive. I f e!t~er p:irt_Y shall :ipply to the court for lc:ive to adduce add1uonnl evtdence and shall show to the s:itisfaction of the court th:it such additional evidence is m:itcrial and that there were reasonable gTOunds for the failure to adduce such evidence in the hearing before the Bo:i.rd, its member, agent, or agency, the court may order such additional evidence to be taken before the Board, its member, agent, or agency, and to be made a part of the transcript. The Board _may modify its findings as to the facts, or make new findtn~, by reason of additional evidence so taken and filed, and 1t sball file such modified or new findings, which, if supported by evidence shall be conclusive, and shall file its recommendation,, if any, for the moclification or setting aside of its original order. The juriscliction of the court shall be exclusive and its judgment and decree shall be final, except that the same shall be subject to review by the appropriate circuit court of appeals if application was made to the district court as hcrcinabovc provided, and by the Supreme Court of the United States and upon writ of certiorari or certification as provided in section 239 and 240 of the Judicial Code, :is amended (U. S. C., title 28, secs. 346 and 347). (f) Any person aggrieved by a final order of the Board granting or denying in whole or in part the relief sought may obtain a review of such order in any circuit court of appeals of the United States in the circuit wherein the unfair labor practice in question was alleged to h:ive been eng:igcd in or wherein such person resides or transacts business, or in the Court of Appe:ils of the District of Columbia, by filing in such a court a written petition praying that the order of the Board be modified or set aside. A copy of such petition shall be forthwith served upon the Bo:ird, and thereupon the aggrieved party shall file in the court a transcript of the entire record in the proceeding certified by the Board, including the pleading and testimon; upon which the order complained of was entered and the findings and order ?f the Board. Upon such filing, the court shall proceed m the same manner as in the case of :in application by the Board under subsection ( e), and shall have the same exclusive jurisdiction to grant to the Board such temporary relief or restraining order as it deems just and pro~cr, and !n _like manner to make and enter a decree enforcmg, modifyuig, and enforcing as so modified, or setting aside in whole or in p:i.rt the order of the Bo:ird. an_d the finding_s o~ the Board as to the facts, if supported b; evtdencc, shnll 10 like manner be conclusive. (g) The comme~ccment of proceedings under subsec. tlon (c) or (f) of th1s section shall not, unlw specificnlly ordered by the court, operate as a stay of the Board'sorder. (h) When appropriate tcmpor:,rv rd granting _,.,_ --, relief or a train' tn~ ~ er, or mi11Wlg and entering a decree enforc10~, 11;1odi£)'lllg, an? enforcing as so modified or settin g as.1de m whole or m part an order of the B d vided in this section, the jurisdiction of courtsoar '· ~ PT?• shall not be limi'tcd by the Act entitled "An sitting eqwty A m ~e.nd the Judicial Code and to define and lim't th ~t ~o dicuon of courts siting in equity, and for othe: e JU~; approved March 23, 1932 (U.S.C., Supp. vrl~ses, secs. 101-115). , e 29, ~ (i) Petitions filed. unde~ ~s Act shall be heard expeditiously, and if poSS1ble within ten days after they have been docketed. INVESTIGATORY POWERS Sr.c. 1 1. For the purpose of all hearings and investigations, which, in the opinion of the Board, arc necessary and proper for the cxel'CJSe of the powers vested in it by section g and section I o-( 1) The Bo:ird, or its duly authorized agents or agencies, shall at all re:isonable times have access to for the purpose of examination! an? the_ right to cop/ any evidence of any person being m vcstJgated or proceeded against that relates to any matter under investig:ition or in question. Any member of the Board shall have power to issue subpcnas requiring the attendance :ind testimony of witnesses and the production of any evidence that relates to any matter under investigation or in question, before the Board, its member, agent, or agency conducting the hearing or investigation. Any member of t he Board, or any agent or agency designated by the Board for such purposes, may administer oaths and affirmations, e.xamine witnesses, and receive evidence. Such attendance of ,vitnesses and the production of such evidence may be required from any place in the United States or any Territory or possession thereof, at any design:ited place of hearing. before the Board, its m~ber, agent, or agency, shall be paid the same fees ~d mileage that :ire paid witnesses in the courts of the Uruted States, and witnesses whose depositions are taken and the persons taking the same shall severally be entitled to the same fees as are paid for like services in the courts of the United States. (5) All process of any court to which application may be m:ide under this Act may be served in the Judicial district wherein the defendant or other person required to be served resides or mny be found. (6 ) The several departments and agencies of the Governrncnt, when directed by the President, shall furnish the Bonrd, upon its request, all records, papers, and information in their possession relating to any matter before the Board. S.ec. 1 2. Any person who sball willfully resist, prevent, impede, or interfere with any member of the Board or any of its agents or agencies in the performance of duties pursuant to this Act shall be punished by a fine of not more than $5,000 or by imprisonment for not more than one year, or both. . SEC. I+ Wherever the application of the rovision section 7 (a) of the National Industrial R p of (U. C., Supp. VII, title 15, 1cc. 707 (a), c:::O~! from trme to time, or of section 7713, paragraph (I) and (m) of the Act appr~ved June 7, 1934, entitled "An Act to amend an Act enutled 'An Act to establish a uniform system of bankruptcy throughout the United States' a~ proved July 1, 1898, and Acts amcndatory thereof and su~ plementary ther~to" (48 StaL 922, pan. (I) and (m) ), as amended from tune to time, or of Public Resolution Numb~red 4:4, approved _J~e t 9, 1934 ( 48 Stat. 1183), confti~ts with the application of_ the provisions of this Act, this Act shall prevail: Proo1ded, That in any situation where the provisions of this Act cannot be validly enforced the provisions of such other Acu shall remain in full fo~ and effect. LIMITATIONS S.ec. 16. This Act may be cited as the ''National Labor Relations Act." SEO. 13. Nothing in this Act shall be construed so 3' to interfere with or impede or diminish in any way the right to strike. (2) In case of contumacy or refusal to obey a subpena issued to any person, any District Court of the United States or the United States courts of any Territory or possession, or the Supreme Court of the District of Columbia, within the jurisdicition of which the inquiry is carried on or within the jurisdiction of which said person guilty of contumacy or refusal to obey is found or resides or transacts business, upon application by the Board shall have jurisdiction to issue to such person an order requiring such person to appear before the Board, its member, agent, or agency, there to produce evidence if so ordered, or there to give testimony touching the matter under investigation or in question; and any failure to obey such order of the court may be punished by said court as a contempt thereof. (3) No person shall be excused from attending and testifying or from producing books, records, correspondence, documents, or other evidence in obedience to the subpena of the Board, on the ground that the testimony or evidence required of him may tend to incriminate him or subject him to a penalty or forfeiture; but no individual shall be prosecuted or subjected to any penalty or forfeiture for. or on account of any transaction matter1 or thing concerDJllg which he is compelled, after 'having clai.med his privilege against self-incrimination, to testify or produce evidence, except that such individual so testifying shall not be ~CJJl~t from prosecution and punisl:iment for perjury committed Jll so testifying. (4) Complaints, orders, and other process and pape~ 0 ! the Board, its member, agent, or agency, may be serve eith~r personally or by registered mail or by telegraph or by leavtng a copy thereof at the principal office or place of business of the. ~on required to be served. Th~ verifie: return by the mdividual so serving the same settlilg fortd the manner of such service shall be proof of the sallle~ the return post office receipt or telegraph receipt th ?~ when registered and maHed or telegraphed as aforesaid shall be proof of service of the same. Witnesses sun:tlllone s.. . S.ec. 15. If. ~Y provision of this Act, or the applicauon of such provwon to any person or circumstance, shall be held invalid, the remainder of this Act, or the application of such provision to persons or circunutances other than those as to which it is held invalid, shall not be affected thereby. Approved, July 5, 1935. Appendix B NATIONAL AND REGIONAL ORGANI ZATIONS SERVING AS COLLECTIVE BARGAINING AGENCIES FOR PROFESSIONAL EMPLOYEES I. Organfrations Affiliated with the American Fed,ration of ,Labor. 1. American Federation of Government Employees goo F Street Washington, D. C. 2. International Federation of Technical Engineers, Architects and Draftsmen's Unions American Federation of Labor 13uilcling 901 Massachusetts Avenue, N. W. Washington, D. C. 3- United Clerical, Technical and Supervisory Employees Union, District 50 of the United Mine Workers of America 15th and I Streets, N. W. Washington, D. C. II. Organiz:ations Affiliat,d with the Congress of Industrial Organiz:ations. 1. United Federal Workers of America 532 17th Street, N. W. Washington, D. C. 2. United Office and Professional Workers of America (including the Federation of Architects. Engineers, Chemists and Technicians) 1860 Broadway New York, New York III. Ind1p1ndent Organizations 1. Association of Industrial Scientists Organized by professional employees 0 tbe Shell Development CoJDpany Laboratoncs at Emeryville, Califo~. this group bu not yet obtained oertificatton by the NLRB til cause its petition cannot be acted upon Jun . . . . de of -'-•- of emp o}U mvcstlgatlon IS ma ....-o:- CIO aftili3 domination filed. by . • IS • SO . ofcompeuns the A,sso(:iattOn ate. The CODJ~~tton -"""•lion of other lated 1 phrased as to mdicate that ':"""" uniu of professional workers JS cootemp • ! i: �6r COLLECTIVE BARGAINING AGENCIES 60 2. Other o~anizations which have indicated unofficial interest in the Association are: Association of Industrial Scientists (Em ville, California) cry. Centra! Ohio Group of Professional Engineenng Employees (Columbus) Engineers and Archit~cts Association of Colorado Engineers and Architects Association San ' Francisco Bay Arca Chapter Tennessee Association of Professional Engineering Employees (K noxville ) 1 Engineers and Architects Association of Southern California • Founded originally as a social and techno• logical society, the Association first entered the area of collective bargaining at the Lo~heed Aircraft Corporation. Since, it has establishe~ chapters at Hughes Aircraft Co~pa~y, Conso~dated Vultee Aircraft Corporation, in the Cal!· fornia State Highway Department, and is spreading into central and northern Califomia. 2 3. National Federation of Federal Employees, Independent. 10 Independence Avenue, S. W. Washington, D. C. 4. Nation'a l Federation of Salaried Unions 102 Cable Avenue East Pittsburgh, Pennsylvania An affiliate of the Federation of Westinghouse Independent Salaried Unions, the Federation has locals in plants of several other companies and hopes to organize salaried employees into a national union. Professional engineers are usually placed in separate locals if they so request.S 5. National Professional Association of Engineers, Architects, and Scientists This Association was organized by seven collective bargaining groups in October 1946. Agreement has been reached on the objectives, fonn of organization, outline of the con• stitution, and committees have been chosen to draft a constitution and to conduct business until the first convention is held. The founding groups include: Engineers Guild of Oregon (Portland) Professional Engineer Employees Association of Eastern Washington (Spokane) Sacramento Group of Professional Engineering Employee.s San Francisco Group of Professional Employees Seattle Pro~es~ional Engineering Employees Association Southern California Professional Engineering Association (Los Angeles) Southwest Washington Association of Prof~ssional Engineering Employees (Olympia) 6. Organizations established u.n der the plan of the American Society of Civil Engineers (some of these groups have been listed above as founders of the National Professional Association of Engineers Architects, and Scientists) : ' Arizona Group of Professional Engineering Employees Central Ohio Group of Professional Engineering Employees Engineers Guild of O regon Engineers and Architects Association of Colorado Professional Engineering Employees Association of Eastern Washington Sacramento Group of Professional Engineering Employees San Francisco Area Group of Professional Employees Seattle Professional Engineering Employees Association Southern California Professional Engineers Association Southwest Washington Association of Professional Engineering Employees T ennessee Association of Professional Engineering Employees Utah Professional Engineers Employee Association 1 Mciver, :Wagner, McGirr: Technologists' Stake in the Wagner Act, American Associatio.n of Engineers, 1944. 2 Ibid., and Unionization of Professional Engineers and Chemists, Industrial Relations Memos No. 84, Indus• trial Relations Counselors, Inc., New York, July !15, 1946. 3 Ibid. 4 Civil Engineering, Nov. 1 946, p. 4 8o. Appendix C CONSTITUTION OF DEPARTMENT OF WATER & POWER PROFESSIONAL ENGINEERS' ASSOCIATION A UNIT OF THE SOUTHERN CALIFORNIA PROFESSIONAL ENGINEERING ASSOCIATION ARTICLE I: Name The name of this Association shall be, "The Department of Water and Power Professional Engineers' Association", hereinafter referred to as "the Association". ARTICLE II: Purposes The p urposes of the Association ~hall be: (a) To maintain, protect and advance the economic welfare of all professional engineering employees of the De• partment of Water and Power; to establish fair and reason• able relationships between them and their employers; and to negotiate collective bargaining agreements regarding wage, hour, and working conditions for all professional engineering employees or to d elegate authority to do so to individuals or committees appointed for this purpose. (b) To promote opportunities for advancement of the individual professional engineering employee and make it possible for individual effort and merit to be recognized and rewarded. ARTICLE III: Membership (a) Membership in the Association shall be confined to those employees of the Department of Water and Power y,ho may be satisfactorily defined as "Professional Engineermg Employees", as stated in Article II, of the Rules and Regulations of the Southern California Professional Engineering Association, as follows: "The designation, 'Professional Engineering Employee', !15ed in the sense that persons capable of being so ~es1gnatcd may join with others similarly capable of ~~g so designated for the purposes of collective bargauung separately from any other group composed of persons not capable of being so designated, shall be that of only those who, excepting employers or thos~ ~~ wh~m employers have delegated managerial respo~s1bility ~~ rt3pect to employment conditions, possessing an i:iu• mate knowledge of mathematics and the physical s~cnces, gained by technological and. scientific, ~duca· tion, training and experience, and in a post!ion of trust and responsibility, apply their knowledge in co~trolling and converting forces and materials to use 1D structures machines and products, and whose wort requires tlie cxercis~ of discretion and judgment, - creative and original and of such character that the output cannot be standardized; and those who, without the experience set forth, but having been graduated from an approved educational institution and having received the degree of Bachelor of Science or its equivalent, in Engineering, arc engaged in engineering work." (b) The professional status of any pcnon not previously defined to be a Professional Engineering Employee by the Committee on Emplo)'Dlent Conditions of the Southern California Professional Engineering Association shall be determined temporarily by the three officers of this .AJsooiation. (c) Dues: Dues in the amount prescnbed in Section ( 6) of . Article IV of the Rules and. Reg_ulations o_f !he Southern California Professional Enguieenng Assoaauon shall be paid to the Secretary-Treasurer of this Association. ARTICLE IV: Administration (a) The Association shall elect the following officers: a Chairman, a Vice Chairman, and a Secretary-Treasurer, (b) The officers of the Association shall be_ clcc1d :: a period of one year, the term of office to begm J Y first. Election of officers shall take pla~ at the. re~ June meeting. Officers elected at a !J>COal meeting til prior to the regular meeting in June 19~:! ~erve ~en July 1, 1945, The election of officen .AJso • who ballot and shall be_ con~ed to those of th~alifo:a Profesth are in good standing with the Sou ern sional Engineering Association. (c) The Secretary-Treasurer shall keep a re~li~ . Th shall be a report, open to pu • proc~dings. ere. ditures and their so-wees spection, of all receipts and _cxpen which are to be reiln· and purposes. Any. cxpenditu.res t Conditiom of the buned by the CollUlllttee on Employm~ • Association Southern California Professional ~~~ed of the O must have the authorization, previo Y ' Committee. • ti may be an o........., (d) No member 0 thiJ Ass~a acity for this AJcommittecman, or act .ID any offit;1al ~ standing of the sociation unleu he is a m~ber JD 8.°°cc.ring .A,sociation, Southern California PJ"!>f~SSIO::iallE~8:nductcd in accord· The affairs of the Assoeiat1on embcn of the Association. ance with the directions of the m ~= :;!1 ! C: a:.-p �DEPARTMENT OF WATER & POWER PROFESSIONAL ENGINEERS' ASSOCIATION ARTICLE V: Collectivt Bargaining A.gent The Committee on Employment Conditions of the Southern California Professional Engineering Association is designated as the "Exclusive Bargaining Agent" of this "Unit appropriate for the purpose of collective bargainwg", and the Committee shall have the duty and power to direct all activities looking toward the acquisition of adequate co.mpcnsation and satisfactory working conditions for all the Professional EngiDeering Employees of the Department of Water and Power, and the Committee shall represent them in such matters. The Committee on Employment Conditions is charged with the responsibility of conducting all negotiations with the Department of Water and Power, in accordance with the directions of the members of this Association. ARTICLE VI: Amendment This constitution may be amended by a vote at one of the meetings of the Association. The vote for an amendment shall be by written ballot and shall be confined to those members of the Association who arc members in good standing of the Southern California Professional Engineering Association. SOUTHERN CALIFORNIA PROFESSIONAL ENGINEERING ASSOCIATION b April 8, 1946. The name of the voter has been placed ARTICLE VII: Meetings (a) There shall be held regular semi-annual meetings of the Association, one meeting during the second week of June and the other meeting during the second week of December. (b ) Special meetings may be called in cases of emergency, provided the meetings have the unanimous approval of the officers of this Association, and provided the requirements of notification stated in Article VIII arc observed. 0~ the ballot envelope solely for the purpose of checking the validity of the ballot. and all sue~ i~entification ~l be tom off and discarded pnor to exanunation and counting of the ballots. APPROVE REJECT ARTICLE VIII: Notification of Meetings Members of the Associa tion shall be notified in writing of the time and place of all meetings. Notices of the regular meetings shall be sent to the members at least one week prior to the meetings and notices of special meetings shall reach the members at least one day prior to the special meetings. ARTICLE IV ••• • , • , • • • • • • • • • • • • • • □ Written as per A D Section ,c { Written as per B D D Written as per A Section 3 { Written as per B D □ ARTICLE V . .. .... . .....• • ..••••. 0 D ARTICLE I •• •• • •••• ••••••••• • ••• □ ARTICLE II • ... • .. • .. • • • • .. • .. • • □ ARTICLE III ••• ••• .. ···• .. • • .. •• • □ ARTICLE IX: Quorum A quorum is defined to be a majority of those members of the Association who arc members in good standing of the Southern California Professional Engineering Association. No action taken at any meeting shall be considered official unless a quorum is present at the meeting. □ D □ APPLICATION FOR MEMBERSHIP in the RANGE OF SALARIES FOR DEPARTMENT ENGINEERS DIFFERENCE Form 3 Appendix E SOUTHERN CALIFORNIA PROFESSIONAL ENGINEERING ASSOCIATION SALARY RANGE SOUTHERN CALIFORNIA PROFESSIONAL SALARY PER MONTH 2nd yr. 3rd yr. 4th yr. INCREMENT Engineering Aide $200. $250. $ 50. $210. $220. $230. $ IO. Engineering Assistant $250. $350. $100. $270. $290. $310. $ 20. Engineering Associate $350. $450. $100. $370. $390. $410. $ 20, Engineer $450. $550. $100. $470. $490. $510. $ 20. Senior Engineer ~550 v • v~7 25. $ 175. $585. $620. $655. $ 35. $750• + + $800. $850. $900. Other salary advances within the range to be determined by experience and individual job pricing. Principal Engm·eer $ 50. ENGINEERING ASSOCIATION I, ... . ............... .. .......... , apply for member( Print Name) ship in the Southern California Professional Engineering Association and if admitted, I agree to abide by its Rules and Regulations. I submit herewith my professional record as an engineer and state that I am not an employer, nor have I had delegated to me by my employer managerial responsibility with respect to employment conditions to the extent of hiring and firing professional engineering employees. Appendix D OFFICIAL CONSTITUTION BALLOT My residence address is ...•...•••• • • • • • • • • • • • • • • • • • • • I am an employee of ...... , ••••• • • • • • • • • • • • • • • • • • • • • My work location is ... . ..... . .... , Dept. or Group • • • • Check mailing address above for ratification of My age is ... .. . . . years. My immediate superior is •. .. .. . • • • , • • •• • • • • • • • • • • • • • • CONSTITUTION OF THE ASSOCIATION OF ENGINEERS AND ENGINEERING ASSISTANTS dated March 27, 1946 INSTRUCTIONS :-Check your approval or rejection of EA.CH Article by placing an X in the appropriate square. Also indicate by placing an X in the appropriate squareyour choice of either write-up A or write-up B for: ARTICLE VI ................... .. 0 ...... □ (Sect~on 2 per A¥ A of Art. IV Section 3 is adopted) ( Section 2 per B if B of Art. IV Section 3 is adopted) ARTICLE VII .................... 0 ...... □ Section 1 {Written as per A •••• □ Written as per B .... O ARTICLE VIII .. . . .. .. .. . . . . . . . . . 0 0 ARTICLE IX ............... .. .... O □ ARTICLE X .. . . . .. .. . . .. . .. . .. . .. 0 ... .. . 0 (Section 3a per A if A of Art. IV Section 3 is adopted) ( Section 3a per B if B of Art. IV Section 3 is adopted) ARTICLE XI ................... . . 0 0 ARTICLE XII .. . . . . . . . . . . . .. . . . . . 0 0 ARTICLE XIII ................... 0 0 Article IV Section IC Aft!cle IV Section 3 Article VII Section 1 After voting· fold the ball Ot d • an place in the envelope pro· vided and l li e ver to any member of the Engineers' Council ORGANIZATION AND DEPARTMENT DATES FROM TO My present payroll title or company classification is • • • • • • . .. ................ ................................ . I have been a professional engineering employee for • • years. My duties consist of . .••. , ••••• • • • • • • • • • • • • • • • • • • • • • • . ... ···· · ··· · •••••••••••• •• •••••••••••• . . ......... . .......... . .............. ...... . . ...... . ···· ··•••••• ••••••••• ;e•rf~~~-~£ ·d~ti~, I am given an opportunity for the use of originality and judgment to the followmg extent: ..... ..... . •• ••• ••••• ••• •• ••• • •••••• •• •• ·· ·· ·· · ··········· ······•••• ••••••••••••• ••••• ••••• ··· · ····· · •••••• ••••••••••••••••••• ·· ·· ········ fu •~: .. .... ... ······· ili~: ••••••••• • •• • •••••• • ••••• •• •• •• • •• ♦ •••••••• • • • ••••• • •n<nnecring 0rganizations I have worked for the {O11owmg .....,-be lis d) d....:n.. the 'tions need to n.sibility te was -f, (not more than our poSl as set past ten years and my degree of respo forth: PAYROLL TITLE OR CLASSIFICATION DUTIES AND DEGREE OF RBSPONSmn.ITY �64 THE ASSOCIATION OF ENGINEERS AND ENGI~ERING ASSISTANTS Arc you a graduate of a ~cognized school of engineering? ii ·s~: st;;~·~;ti;~ti~~,' ;~;; •~f ;;~d~~ti~~; -~d ·d;~~ 0 0 received . .. .......... , •• • • • • • • • • • • • • • • • • • • • • • • • ii ~;~t~· i~u; ;~~~:;e~~~l· ~d~~ti~~ ·b~;o·~ci ~h school, listing counes taken, dates and schools: • • • • • • .. . .. ... . .. .. .. . ... .. .. ... . . ..... ... .... ....... . . ... ..... .... . . .. .. . ... .. ... . ... . . ..... .. ....• .. ····· . ······· ·······............ ................ .... •• •••• .................... ..... ........•• . . . . ..... ..... . .... ... ... . .... .......... ... .... ~0-~ Arc you at present a member ........•••••••• ; an officer (Yes or No) . . . . . . . . . . . . . . . . . . .. . . of any olher bargaining group? (Yes or No) If so, what group? ......... . ..•.•• • ••••• , • • • • • • • • • • • Arc you a Registered Civil Engineer in the State of Cali· fornia? .................... . .............. . ... . ... . Arc you a member of a professional engineering society? ..... . ............. . ................. .. ............. . .. t A.S.C.E., A.S.M.E., A.I.E.E., A.I.M.E., A.C.S., etc. I have a community of interest with !he professional engi• ncering group and I comidcr myself a "Professional Engineering Employee" as defined by the Board of Direction of the American Society of Civil Engineers. If admitted to membership I aulhorize the Committee on Employment Conditions of the Southcm Califomia Profes• sional Engineering Association to represent me in all nego. tiations concerning employment conditions. I enclose three dollars dues for the year ending DecCIX1bcr 30, 194 •• Approved: , ... . . , .. . . •.. • ••••• • ••••••••• Secretary-Treasurer Signature of Ap~ii~; • •' .D;t~. ~i ·c~~t~~~ A~;i~;. ••••D~~~.~i ·A;;u~ti~~•••• ......................... 0 Card Issued (Date) NOTES TO THE APPLICANT: This application is prepared for the purpose of assisting the Committee on Employment Conditions in determining that you arc a professional engineering employee. The require. ments are stated in the definition of a " Professional Engi. neering Employee" mentioned above. Please give sufficiently detailed information that the Committee can take the correct action. Employees of Firms where bargaining units have been or are to be established should check their exact payroll titles with their penonnel departments and should state definitely in which section or group they arc employed. Where CQn. venient the application should be typed. Application may be sent to your unit chairman or be sent to the Association headquarten, 943 South Plymouth Boulevard, Los Angeles 6, California. Appendix F OFFICIAL BALLOT1 THE ASSOCIATION OF ENGINEERS AND ENGINEERING ASSISTANTS FOR REPRESENTATIVES: The following members of the AEEA have indicated their willingness to serve as Representatives £or Division 17 iI so chosen: . . . . . . R. B. Kent ....•. B. T. Hannum ...... E. P. McCormack ......L. W. Dom . . . . . . L. I. Meyers ...... Anna T. Gloster ...... T. W. Opdyke ...... N. W. Hipple ...... P. S. Sauer Indicate your preference £or Representatives by placing the numeral I in front of the name of your first choice the numeral 2 in front of !he name: of your seCQnd choice 'etc for _a to~ of 6 candidates. In coun~ the ballots ~ ~; cho1~e will ~ount _6 votes, a seCQnd choice will CQunt 5 votes a third choice will CQunt 4 votes, etc. The candidates ce!ving the highc,~ and second ~ghcst number of votes will be Representatives. The candidates receiving the third and fourth highest number of votes will be the Altematcs. r:. FOR PRESIDENT AND VICE-PRESIDENT: .... Ed. L. Neely ....John L. Staley . .. . • .......... Indicate your preference for President by placing the numeral I in front of the name of your fint choice and the num~ral 2 in front of the name of your second choice• In countlng the ballots a fint choice will count 2 votes and a second choice will count x vote. The candidate receiving a majority of the votes will be President and the candidate receiving the next highest number of votes will be VicePresident. After marking your ballot seal it in the envelope provided and deliver it to R. P. McCants ON OR BEFORE WED· NESD.AY, .APRIL 17, 1946. 1 Thia ballot was used in Division prepared for each division. x7. A similar ballot was � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Union Pacific Collection Description An account of the resource This collection is made possible in part by a generous grant from Wyoming Humanities. All materials are the property of Union Pacific Coal Company, on long-term loan at Western Wyoming Community College. For usage inquiries, contact the <a href="https://www.uprrmuseum.org">Union Pacific Museum</a> Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Manual on Collective Bargaining for Professional Employees - Part 1 The National Labor Relations Act and Professional Employees Rights Information about rights held in and over the resource CC BY-NC-ND Date Created Date of creation of the resource. 1947 Subject The topic of the resource A manual for employees regarding the National Labor Relations Act. Description An account of the resource 11" x 8" booklet with a loose paper stapled to cover. Type The nature or genre of the resource Text Creator An entity primarily responsible for making the resource Dr. Waldo E. Fisher and the Committee on Collective Bargaining and Related Matters of the American Institute of Electrical Engineers Identifier An unambiguous reference to the resource within a given context 1-0030 Publisher An entity responsible for making the resource available The Committee on the Economic Status of the Engineer