Appendix — United Mine Workers v. Pennington

Supreme Court brief1965

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APPENDIX A

15 USCA: :

§ 1. Trusts, ETC., IN ResTRAINT oF TRADE Inapoat; EXCEPTION |

‘OF RESALE PRICE AGREEMENTS; PENALTY

_ Every contract, combination i in the forni-of trust or other-

wise, or conspiracy, in restraint of trade. er commerce

among the sevéral States, or with foreign. nations, is de-

clared.to be illegal: Provided, That nothing contained in

‘sections 4-7 of this title shall. render illegal, contracts or

agreements prescribing minimum prices for the resale of

a commodity which bears, or the Mabel or container of

_ which bears, the trademark, brand, or name of the producer

or distributor of such commodity. and which is in free and

open competition with commodities of the same general

‘ class produced or distributed by others, when contracts: or

- agreements: of that description are lawful as applied to

intrastate. transactions, under. any. statute, law, or public

policy now or hereafter in effect in any State, Territory,

Tome District ‘of Columbia in which such resale is to be

made, or to which the commodity is to be transported for

-such_resale, and_ the making of such contracts or agree-

_e@ - ments shall not be an unfair method of competition under -

‘section 45 of this title: Provided further, That the preced-

ing proviso shall not make lawful any contract or agreement, s

providing for the establishment or maintenance of minimum,

resale prices on any: comniodity herein involved, between

manufacturers, or between producers$ or between whole-’ .

- salers, or between brokers, or between factors, or between

retailers, or between persons, firms, or. corporations in

competition with each other. Every person who shall hake.

> any contract or éngage in any combination or conspiracy

declared by sections 1-7-of this title to. be illegal shall be

deemed guilty of a misdemeanor, and, on conviction

thereof, shall be punished: by. cline not -exceeding fifty

thousand dollars; or by imprisonment not exceeding one

year, or by both said punishments, in the discretion of the

court, July 2, 1890, c. 647, §1, 26 Stat. 209; Aug. 17, 1937,

{

- ¢. 690, Title VIII, 50 Stat. 693; July 7, 1955, c. 281, 69 Stat.

282, . ere .. a *

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§ 2. Mowopouizinc TRADE A MispEMEANOR; PENALTY

Every person who shall monopolize, or attempt to monop-

wise, or conspiracy, in restraint of trade or commerce in

persons, to monopolize any part-of the trade or commerce

among the several States, or with foreign natipns, shall be ©

7 deemed.guilty of a misdemeanor, and, on conviction thereof,

shall. be punished by fine not: exceeding fifty thousand

dollars, or by imprisonment not exceeding one year, or by

both said punishments, in the discretion of the court.. July

2, 1890, c. 647, § 2, 26 Stat. 209; July 7, 1955, ¢. 281, 69 ~

~ Stat. 282. ae kts a at

§3. Trust my TERRrrortes or District or CoLumpta ILLEGAL; |

ComBinaTion A MispeMEANOR

Every contract, combination in form of trust or other-

wise, or conspiracy, -in restraint of trade or commerce in -

any Territory of .the United States or of the District of

Columbia, or in a restraint of trade or commerce between

any such Territory and another, or between any such Ter-

ritory or Territories and any State or States or the Dis-

- trict of Columbia, or- with foreign nations, or between the

District of Columbia and any State or State or foreign *

‘nations, ‘is declared illegal. Every person who shall make

any such contract or‘engage in any such combination or

' conspiracy, shall be deemed guilty of a misdemeanor, and,

on conviction thereof, shall be punished by fine not ex-

ceeding fifty thousand dollars, or by imprisonment not ex.

ceeding one year, or by both said punishments, in the

' . discretion of the court. July 2, 1890, c. 647;°§ 3, 26 Stat.

209; July 7, 1955, ¢. 281, 69 Stat. 282. 7 o

$15. Surrs By Persons IysuRep ; Amount oF REcOvERY

Any person who shall be injured in his business or prop-

erty by reason of anything forbidden in the antitrust laws

may sue therefor in any district court of the United States

Ja: °

in the district in which the defendant resides or is found

p or has an agent, without respect to the amount in contro-

' versy, and shall recover threefold the damages by him sus-

tained, and the cost of suit, including ‘a reasonable -attor-

ney’s fee. Oct. 15, 1914, ¢. 323, § 4; 38 Stat. 731.

$17. Antirrust Laws Nor AppLicaBLE To Lasor Orcant-

ZATIONS ; .

The labor of a human being is not a commodity or article

of commerce. Nothing contained in the antitrust laws shall

be construed to forbid the existence and operation of labor,

agricultural, or hortieultural organizations, instituted for

the purposes of mutual help, and ‘not having capital stock

or conducted for profit,-or to forbid or restrain individual

“mInembers of such organizations from lawfully carrying out

the legitimate objects thereof; nor shall such organizations,

or the members thereof, be held or construed to be illegal

combinations or conspiracies in restraint of trade, under -

the antitrust laws. Oct. 15, 1914, ¢. 323, § 6, 38 Stat. 731.

22 USCA Sec. 52 (Set. 20 of the Clayton Act):

§ 52: SraTuTory RESTRICTION OF INJUNCTIVE RELIEF

No restraining order or injunction shall be granted by

any court of the United States, or a judge or. the judges

thereof, in any ease between an employer and employees,

or between employers and employees, or between employ--

ees, or between persons employed and -persons seeking

employment, involving, or growing out of, a dispute con-

cerz.ing terms or conditions of employment, unless neces-_

sary to prevent irreparable injury to property, or to a.

property right, of the party making the application, for

which injury there is no adequate remedy at law, and such

property or property right must be, described with par-

ticularity in the application, which must be in writing and

“sworn to by the applicant or by his agent or attorney.

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And no such restraining order or injunction shall pro-

hibit.any person or persons, whether singly or in concert,

from terminating any, relation of employment, or from

ceasing to perform any. work or labor, or from recommend-

_ ing, advising, or persuading others by peaceful means so

to do; or from attending at any place where any such per?

- gon or persons may lawfully be, fot the purpose of peace-

fully obtaining or communicating information, or from

peacefully persuading any person to work or to abstain

ftom working; or from ceasing to patronize or to employ

any party to such dispute, or from recommending, advising, .

‘or persuading others by peaceful and lawful means. so to

do; or from payilg or giving to, or withholding from,

any person engaged in such-dispute, any strike. benefits °

ow other moneys or things of value; or from peaceably .)

assembling in a lawful manner, and for lawful pur-

poses; or from doing any act or thing’ which might law-

fully ‘be done in the absence of such dispute by any party

thereto; nor shall any of the acts specified in this para-

graph be considered or held to be violations of any law of

the United States. Oct. 15, 1914, c. 323, §.20, 38 Stat. 738.

29 USCA Sec. 102 (Sec. 2 of the Norris-LaGuardia Act):

g 102: Pustac Poutcy 1x Lasor Matrérs Decuarep

SSS el

In the interpretation of this chapter and in determining

the jurisdiction and authority of the courts of, the United

States, as such jurisdiction and authority are defined and

limited in this chapter, the public policy of the United

States is declared as follows:

_ Whereas under prevailing economic conditions, devel-

oped with the aid: of governmental authority for owners

of property to organize in the corporate and other forms of

- ownership-association, the individual unorganized worker.

is commonly helpless to exercise actual liberty: of contract

and: to protect his freedom of labor, and thereby to obtain

peer terms and conditions of employment, wherefore,

though he should be free to decline to associate with his

-” fellows, it is necessary that he have full freedom of asso-

ciation, .self-organization, and designation of representa-

tives of his‘own choosing, to negotiate the terms and condi-

tions of his employment, «nd that he’s @ shall be free from the.

interference, restraint, or cxercion of employers of labor, or inne

_ their agents, in the designation, of such representatives or .

in self-organization or in other concerted activities for the

purpose of collective bargaining. or oma aid or

protection ; therefore, the following definitions of and limi-

_ tations.upon the jurisdiction and authority of the courts of

the United States - are enacted. uae. 28, 1932, ec. 90, 2,

47 Stat, 70. reise”

29°USCA Sec. 104 (Sec. 4 of the Norris-LaGuardia Act):

. ‘ ™ ° ¥ y

§ 104: ENvuMEraTION or Speciric Acts Not Sussect To Re-

STRAINING ORDERS OR IxgUNCTIONS

No court of the United States shall have paces ore to

_ issue any restraining order or temporary or permanent in-

junction in any case involving or growing out of any labor

- dispute to prohibit any, person ‘or persons participating

or interested in such dispute (as these terms are herein |

defined) from doing, whether singly or in concert, any of

the following acts:

(a) Ceasing | or refusing ‘wealien any work or to re-

main in any relation of employment;

(b) Becoming or remaining a member of any: labor or-

- ganization or of any employer organization, regardless

of any such undertaking or: promise as is described in”

section 103 of this title;

“son participating or interested in such.labor dispute, ariy

strike or unemployment benefits or insurance, or other

moneys or waengs of value;

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(d) By all lawful means silling any person participating

or interested in any labor dispute: who is being proceeded

against im, or is prosecuting, any action or suit in any fourt

- of the United States or of any State;

(e) Giving publicity to the existenge’ of, or the facts

involved in, any labor dispute, whether by advertising,”

~~ Speaking, patrolling, or_by any other method not =—

_ fraud or violence ; ;

(f) “Assembling senccphiy 6 to act or to organize to act in

promotion of their interests-in a labor dispute;

-(g) Advising or notifying any person of an intention to

re any of the acts heretofore spectiied ;

(h) ‘anna with other persons to do or not to do. any

of the acts heretofore specified ; and

(i) Advising, urging, or otherwise causing or inducing

without fraud or violence the acts heretofore specified, re-

gardléss of any such undertaking or promise as is de-

scribed in section 103 of this Sern Mar. 23;.1932, ec. 90,

.. $4; sala 10.

USCA Sec. 106 (Sec. 6 of the Norris-LaGuardia Act):

§ 106: REsponsivin:ty oF OFFICERS AND MzMBERS oF Assoct-

ATIONS OR THEIR ORGANIZATIONS FOR Unuawru Acts

OF “INpIvipvaL Orricers, MEMBERS, AND AGENTS

No officer or member of any association or organization,

and no association or organization participating or inter-.”

ested in a labor dispute, shall be held responsible or liable

in any court of the United States for ‘the unlawful acts

of individual officers, members, or: agents, except upon

clear proof of actual participation in, or actual ‘authoriza-:

tion of, such acts, or of ratification of such acts after actual

knowledge thereof, Mar. 23, 1932, c. 90, § 6, 47.Stat. 71.

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Labor Management Relations Act, 1947 (29 USCA):

§141: Suorr Titte; ConcressionaL DECLARATION oF Pur-.

POSE AND Poicy :

| (b) Industrial strife which interferes with the normal

flow_of commerce and with the full production of articles

and commodities for-commerce, can be avoided or substan-

tially minimized if employers, employees, and labor organ-

- izations each recognize under law one another’s legitimate

_ (a) This chapter may be cited as the ‘Labor Matage-

- ment Relations Act, 1947°*, |

rights in their relations with each’ otfer, and above alk’.

’

recognize under law that neither party has any right in its

relations with any other to engage im acts or practices which

jeopardize the public health, safety, or-ihferest. or

It. is the purpose and policy of this chapter, in order to |

promote the full flow of commerce, to prescribe tlie legiti-

mate rights of: both employees and employers in their re-

lations affecting commerce, to provide orderly and peaceful

procedures for preventing the interference by either with

the legitimate rights of the other, to protect the rights of

individual employees in their relations with labor organ-

izations whose activities affect commerce, to define and pro-

_ scribe practices on the part of labor and management which

affect comtherce and are inimical to the general welfare,

and to protect the rights of the public in ‘connection with

labor disputes affecting commerce. June 23, 1947, 3:17 :

_ p.m., E.D.T., ce. 120, § 1, 61 Stat. 136.

§ 151: Fixpincs anp Decuaration or Pozicy

The denial by some employers of the right of employees

to organize’ and the refusal by some employers to accept

the procedure of collectivé bargaining lead to strikes and

other forms of industrial strife or unrest, which have the

intent or the necessary effect of burdening or obstructing

commerce by (a) impairing:the efficiency, safety, or opera-

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tion of the instrumentalities of commerce ; (b) occurring in

the current of. commerce; (c) materially affecting, re- -

straining,. or controlling the flow 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; or (d) causing 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.

The inequality of bargaining power bétween employees

who do not possess full. freedom of association or actual

liberty of eontract, and employers who are organized . -

in’ the corporate or other forms of ownership associ-

ation substantially burdens and affects the flow of com-.-

merce, and tends-to aggravate recurrent business de-°

pressions, by depressing wage 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 jndustries.

Experience has proved that protection by law of the right :

of employees to organize and bargain collectively safe-

guards commerce from injury, impairment, or inter-

ruption, and promotes the flow of commerce by re-

moving certain recognized” sources of industrial strife

and unrest, by encouraging practices fundamental to the

friendly adjustment of industrial disputes arising out of

differences as to wages, hours, or other working conditions, .

. and ‘by restoring equality of bargaining yee between

employers and employees. gtieiins

Experience has further demonstrated that certain prac-

tices -by some labor organizations, their officers, and mem-

bers have the intent or. the necessary effect of burdening

or obstructing commerce by preventing the free flow of

goods in such commerce through strikes and other forms

of industrial unrest or through concerted activities which

impair the interest of the public in the free flow of such

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commerce. The élimination of such .practices is a neces- i

sary condition to the assurance of the rights herein guar-

. anteed.- ; aoe .

It is declared to be the policy of the United States to

eliminate the causes of certain substantial obstructions ;

to the free flow of commerce and to mitigate‘and eliminate

' these obstrictions when they have occurred. by encouraging .

the practice and procedure of collective baggaining and ‘by °

protecting the exercise by workers of full freedom of asso-

ciation, self-organization, and designation of representa- -

tives of their own choosing, for the purpose of negotiating

_ the terms and conditions of their | mployment or other mu-

‘tual aid or protection. July 5, 1935, ¢. 372, §1, 49 Stat.

449; June 23, 1947, 3:17 p:m., E.D.T,, c. 120, Title I, § 101,

61 Stat. 136, his é : . | |

- $157. Ricut‘or Empuoyesrs as To ORGANIZATION, COLLECTIVE

Barcarninc, Etc. coe , | &

Employees shall have the right to selfsorganization, to

form, join, or assist labor organizations, to bargain collec-

tively through representatives of their own choosing, and to

engage in other concerted activities for the purpose of col-

lective bargaining or other mutual aid’or protection, and

shall also have the riglit to refrain from any or all of such

_ Activities, except ‘to the extent that such right may be af-

fected by an agreement requiring membership in a labor .

organization,as a condition of employment as authorized in|

section 158(a) (3) of this title. July 5, 1935, ¢. 372, § 7,.49

Stat. 452; June 23, 1947, 3:17 p.m., E.D.T., ¢. 120, Title s

$101, 61 Stat.140. se Sins

§ 158., Unram Lazor PRACTICES me

(a) It shall be an unfair labor practice for an employer—

(1) to interfere with, restrain, or coerce employees in the

exercise of the rights guaranteed ‘in section 157 of this title;

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(2) to dominate or interfere with the formation or ad-.

ministration of any labor organization or contribute finan-

cial or other support to it: Provided, That, subject. to rules _

and regulations made and publighed by the Board pursuant s

to section.156. of this title, an employer shall not be pro-

hibitél from: permittin: ployees to confer with him dur-

ing working hours without loss d¥ time or pay;

(3) by discrimination in regard to ‘hire or tenure of

employment ‘or any term or condition of. employment to’

encourage or discourage membership ‘in any labor organi-

zation : Provided, That nothing in this subchapter, or in

any other statute of the United States, shall preclide an

‘employer from making an agreement with a labor organiza-

tion (not established, maintained, or assisted by any action

defined in this subsection as an unfair labor practice) to

require as a condition of employment membership therein

on or after the thirtieth day following the beginning of such

employment or the effective date of such agreement, which-

ever is the later, (i) if such labor organization is the repre-

sentative of the employ ees as provided in section 159(a) of

this title, in the appropriate collective-bargaining unit cov-—

ered by such agreement when made and has at the time the

‘ agreement was made or within the preceding twelve months

_ received from the Board a notice o ompliance with section

- 159 (f), (g), (hb) of this title, and (ii) unless following an

‘election held as provided in section 159 (e) of this title

within one year preceding the etfective date of such agree-

ment, the Board shall have certified that at least a majority

of the employ ees eligible to vote in such election have voted .

to rescind the authority of such labor organization to make.

such an agreement : ° Provided further; That nd employer’

shall justify any ‘discrimination against an employee for

nonmembership in a labor organization (A). if he has rea-

sonable grounds for believing that such membership was’

not available to the employee on the same terms and condi-

-tions generally applicable to. other, members, or (B) if he

has reasonable ‘grounds for believing that membership was

denied or terminated for reasons other than the failure of

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the employee to tender the periodic dues and the initiation”

fees uniformly required asa condition of acquiring or ~

retaining membership; :

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(5) to refuse to bargain collectively with the representa-

~ tives. of his employees, subject to the provisions of section

159(a) of this title. hea

(b) It shall be an unfair labor practice for a labor organi- .

zation or its agents—

(1) to restrain or coerce (A:) employees in the éercise of

the rights guaranteed in section 157 of.this title: Provided,

That this paragraph shall not impair the right of a labor

organization to prescribe its own rules with respect to the

- acquisition or retention of membership therein; or (B) an

employer in the selection of his. representatives for the

purposes of collective bargaining or the adjustment of

* grievances; ie :

(2) to cause or attempt to ‘cause an employer to dis-

criminate against an employee in’ violation of subsection

(a) (3), of this section. or to discriminate against an em-

ployee with respect to whom membership in such organiza-

tion has been. denied ‘or terminated on some ground other

than his failure to tender the periodic dues and the initia-

retaining membership ;

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tion fees uniformly required as a condition of acquiring ‘or

(3) to refuse to bargain collectively with’ an employer,

provided it is thé. repregentative of his employees subject

to the provisions of section 159( a) of this title; o:

"duly 5; 1935, . 372, §8, 49 Stat. 452; June 23 1947, 3:17

p-m.,. K.D.T., ¢. 120, Title J, § 101, 61 Stat. 140;-Oct. 22,

_ 1951, ¢. 534,°$ 1(b), 65 Stat. 60. tee. aS

(4) (i) to engage in, or to-induce or encourdge any in- .

dividual employed by any person engaged in commerce or

in an industry affecting commerce to engage in, a. strike

or a’refusal in the course of his employment to use, manu-

, facture, provess, transport, or otherwise handle or work

on any goods, articles, materials, or commodities or to

_ perform any services; or :(ii) to threaten, coerce, or re-:

strain any ‘person engaged in commerce or in‘an industry |

' affecting commerce, where m _gither case an object thereof . -

is— .

_ (A) forcing or requiring any employer or self-employed

person to join any labor or employer organization or to —

' enter into any agreement which is prohibited by subsection

(e) of this section; ' Sir eee

(B) forcing or requiring any person to cease using, -

selling, handling, transporting, or otherwise dealing in the .

‘products of any other. producet, processor, or manufac- |

«turer, or to cease doing business with any other person, or

' forcing or requiring any other employer to recognize

bargain with a labor organization as the representative of

-* his employees unless‘such labor organization h en cer-

‘fified as the representative of such employees under the.

provisions of section 159 of this title: Provided, That noth- -

ing contgined in this clanse (B) shall be cofstrued to make

unlawful, where not otherwise unlawful, any primary

strike pr primary picketing; © y ey ae

bargain with a particular labok organization as the repre-. ~ det

' gentative of his employees. if another-labor organization

has been certified as the representative of such employees

under the provisions ‘of section 159 of this title;

hy, (D) forcing or requiring any employer to assign par-

ticular work to employees in a particular labor organization

or in a particular trade, craft, or class rather ‘thdn to em-

ployees. in another labor organization or in another trade, .

craft, or class, unless such employer is failing to conform

Ng an order or certification of t ard determining the

_ bargaining répregentative for employees performing, such

work: Ye '

* * . * * *

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(e) It shall be, an ain labor practics for any labor ~

organization and any employer te enter into any contract

or agreement, express or implied, whereby such employer

ceases or refrains or agrees to cease or’ refrain. from

handling, using, selling, transporting or otlterwise dealing ©

_ in any of the products of any other employer, or t to cease —

doing business with any other person, and any contract or . .

agreement entered into heretofore or hereafter containing ~

‘such an agreément shall be to such extent unenforcible’ and

' void: Provided, That nothing i in this subsection shall apply

to an agreement. between ‘a’ labor ofganization and an

employer-in the construction industry relating to the con-

- tracting or subcontracting-of work to -be-done at the site

_of the construction, ‘alteration, painting, or repair of a

building, structure, or other work: Provided further, That

for the purposes of this subsection and subsection (b) (4)

(B) of this section the terms “‘any employer’*, ‘‘any per-

‘son engaged im commerce or an industry affecting com-

' merce’’, and ‘‘any person”’ when used in relation to the

terms ‘‘any other producer, processor, or manufacturer’’,

‘‘any other employer’’, or ‘‘any other person’’ shall not

include. persons in the relation of a jobber, manufacturer,

contractor, or subcontractor working on thé goods or prem-

ises of the jobber or manufacturer or performing parts of ©

an -integrated process’ of production in the apparel and ©

clothing industry: Provided Jurther, That nothing in this

subchapter shall prohibit enforcement of any agree-

. ment which is within the foregoing exception. As amended

Bi iat 14, 1959; Pub, L. 86-257, See. er .

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§ 185. Suen By AnD, Against LaBor Oncaxizations—Venve,

| AMOUNT, AND CrTIzENSsHIP € “

- (a) Suits for violation of contracts between an employer

and a labor organization representing employ ees in an in-

dustry affecting commerce as defined in this chapter, or

: between any such labor organizations, may be brought in

- hs ; u . 5 - ; ($4

_ 3:17 p.m., E.D.T., e. 120, Title ITT, § 391,- 61 Stat, 156.

14a

any district court of the United States having. jurisdiction

of the parties, without respect to the amount in contro-

'.. versy or without regard.to the citizenship of the parties.

(b) ...‘Any such labor organization may gue or be sued

as an entity and in behalf of the employees whom it ‘repre-

sents in the courts of the United States... , June 23, 1947, °

of il * * »

§ 187. Boycorts anp OtHrr Untawruu Comprnations;

Ricut To Sue; Jurispicrion ; Lymrrations; DAMAGES

(a) It shall be unlawful, for the purpose of this section

only, in an industry or activity. affecting’ commerce, for any

labor organization to engage in any activity or conduct

defined as an unfair labor practice in section 158(b) (4) of.

this title, As amended Sept. 14, 1959, Pub. L. 86-257, Title

Vil, § 704(e), 73 Stat. 545. -

‘(b) ‘Whoev er shall be injured in his business or property

fo]

by reason or' any violation of subsection (a) of this section

may sue therefor in any distri&t court of the United States

subjéct to the limitations and provisions of section 185 of

. this.title without respect to the amount in: controversy, or

_in any other court having jurisdiction of the parties, and

shal? recover the damages by him sustained and the cost of

the suit. June 23, 1947, 3:17 p.m., E -D.T., ¢. 120, Title ITT,

§ 303, 61.Sfat. 158.

29 USCA (Fair Labor Standards Act of 1998):

201.. SHort TrTLe . | .

This chapter may be cited as the ‘‘Fair Labor Standards

Act of 1938”. June 25, 1938; e: 676, § 1, 52 Stat. 1060.

. * * * *

_ ‘So in original. Probably should réad “of.”

>’ .

- 63 Stat. 910.

-$ 202. ConcressionaL Fixpinc axp DecLaRATION or Poxicy

(a) The Congress finds that the existence, in industries

engaged in commerce or in the production of. goods for

- commerce, of labor conditions detrimental to the main-

tenance of the minimum. ‘4tandard of living necessary for

health, efficiency, and- general well-being of workers (1)

causes commerce and the channels and instrumentalities

of commerce to be-used to spread and perpetuate such.

labor conditions among thé workers of the several States; .

(2) burdens commerce and the free flow of goods in com-

merce; (3) constitutes an unfair method of competition in

commerce; (4) leads to labor disputes burdening and

obstructing commerce and the free flow of goods in com-

merce ; and (5) interferes with the orderly and — markét-

ing of goods i in commerce.

(b) It is declared to be the policy of this bacus through

the exercise by Congress of its power to regulate com- ~

merce among the several States and with foreign nations, to

correct and as rapidly Ween o to eliminate the con-

ditions. above referred t¢ in such industries without sub-

stantially curtailing employment or ‘earning power. June

25, 1938, ce. 676, § 2, 52 Stat. rene Oct. 26, 1949, ¢. 736, § 2,

_ ay * -

41 USCA (Walsh-Healey Act):

. bs 6

§ 35. ‘Contracts ror Marteriats, Erc., Exceepine $10,000;

REPRESENTATIONS AND STIPULATIONS

In any contract made and entered into. by any executive

department, independent establishment, or other agency |

‘or instrumentality of the United States, or by the District

of Columbia, or .by any corporation all the ‘stock of which

is beneficially owned by the United States (all the foregoing

being hereinafter designated as agencies of the United

States), for the manufacture or furnishing of materials, .

supplies, articles, and equipment in any amount exceeding

% ,

16a,

$10,000, there shall le included the fellowing Tepresenta-

tions and stipulations:

; * * * 6

i) That all persons employed by the contractor in the

manufacture or furnishing of thé materials, supplies, ar-

ticles, or equipment. usechin the performance of the contract:

will'be paid, without subsequent deduction or rebate on any

account, not less than the minimum wages as determined

by tH® Secretary of Labor to be the prevailing minimum

wages for. persons employed on similar work or in the

particular or similar industries or groups of industries: cur-

fently operating in the. locality in which the materials,

-“ supplies, articles, or equipment are to be. manufactured or

furnished under said contract ;

oS . 7 7

(e) That no part of such contract will be performed nor

will any of the materials, supplies, articles, or equipment

to be manufactured or furnished under said ‘contract be

manufactured or fabricated in any plants, factories, ‘build-

ings, or surroundings or under working conditions which

are unsanitary. or hazardous or dangerous to the-health

and safety of employees engaged in the performance of

said contract. Compliance with the safety, sanitary, and

factory inspection laws of the State in which the work

or part thereof is to be performed shall be prima-facie evi-

dence of compliance with this subsection. June 30, 1936, ec.

881, § 1, 49 Stat. 2036; May 13, 1942, ¢. 306, 56 Stat. 277.

* * ? * .

§ 38. Same; ADMINISTRATION; OFFICERS AND EMPLOYEES;

APPOINTMENT; INVEsTAGATIONS ; RULEs AND ReGuLaTIoNsS

The Secretary of Labor is authorized and direeted to

administer the provisions of sections 35-45 of this title and’

to utilize such Federal officers and employees and with the

consent of the State, such State and local officers and em- -

. ployees as he may find necessary to assist in the adminis-

tration of said sections and to prescribe rules and regu-

17a °

lations with respect thereto, The Secretary shall appoint,

without regard to’ the provisions of the civil-service laws

_ but.subject to the Classification Act of 1949, an adminis- |

.. trative officer,-and such attorneys and experts, and: shall

appoint such other employees with regard to existing laws

applicable to the employment and compensation of officers /

and employees of the United States, as he may from time

to time find necessary for- the administration of sections

- 35-45 of this title. The Secretary of Labor or his author-

ized representatives shall ‘have power to make investiga-

tions and findings as provided in sections 35-45 of this title,

and prosecute any inquiry necessary to his functions in any

part of the United States. The Secretary of Labor shall

have authority from time to time to make, amend, ‘and

rescind such rules and regulations as may. be necessary to .

carry out the provisions of sections 35-45 of this title.

June_30, 1936, c. 881, § 4,49 Stat. 2038 ; Oct. 28, 1949, c. 782,

Title XI, § 1106 (a), 63 Stat. 972...

~ > * * *

§ 39. Same; Heartnes sy Secrerary or Lasor; Wrrness

Fees; Panane to. OBEy Oper; PUNISHMENT

Upon his own motion or on application of any person G

affected by any ruling of any agency of the United States

in relation to any proposal or contract involving any of

the provisions of sections 35-45 of this title, and on com-

plaint of a breach or violation of any representation or

stipulation as ‘provided in said sections, the Secretary of

Labor, or an impartial representative designated by him,

shall have the power to hold hearings and to issue orders

_requiring the attendance and testimony of witnesses and the

production of evidence under oath. Witnesses shall be

paid the same fees and mileage that are paid witnesses

in the courts of the United States. In case of contumacy,

failure, or refusal of any person to obey such an order,

any District Court of the United States or of any Territory

or possession, or the United States District Court for the

18a

' District of Columbia, within the jurisdiction of which the

_ inquiry is carried on, or within the jurisdiction of which

‘ said person who is guilty of contumacy, failure, or refusal —

is found, or resides or transacts business; upon the appli-

‘eation by the Secretary of Labor or representative desig-

nated by him, shall have jurisdiction to issue to such per-

son an order requiring such person to appear before him

or representative designated by him, to produce evidence

if, as, and’when so ordered, and to give testimony relating :

te the matter under investigation or in question; and any

failure to obey stich order of the cou rt may be punished

by said court as a contempt thereof; and shall make find-

ings of fact after notice and hearing, which findings shall.

be conclusive upon all agencies of the United States, and

if supported. by the preponderance of the, evidence, shall.

be conclusive in any court of the United States; and the

Secretary of Labor or authorized representative shall have

. the power, and is authorized, to make sugh decisions, based

upon findings of fact, as are deemed to be necessary to

enforce the provisions of sections 35-45 of this title. June

30,1936, c. 881, § 5, 49 Stat. 2038; June 25, 1948; c. 646,

§ 32(b), 62 , Stat. 991; May 24, 1949, Cc. 139, § 127, 63 Stat.

- 107.

$45. -Same;-Errective Date; Exception as to REepresen- ~

TATIONS WITH Respect To Minimum WAGES

Sections 35-45 of this title shall apply to all contracts en-

tered into pursuant to invitations for bids issued on er

after ninety days from June 30, 1936: Provided, however,

That the provisions requiring the inclusion of representa-

tions with respect to minimum wages shall apply only to |

purchases or contracts relating to such industries as have

been the subject matter of a detérmination by, the Sec-

retary of Labor. June 30, 1936, c. 881, § 12, 49 Stat. 2039,"

renumbered June 30, 1952, 9:36 a.m., E. D. T. c. 530, Title —

Tit, § 301, 66 Stat. 308.

- s. + * ?

A - 19a

APPENDIX B

EXCERPTS FROM

. BNA, COLLECTIVE BARGAINING—NEGOTIATIONS

AND CONTRACTS .

® e

7 Industry Patterns & Wage Data

18:2 : :

2 . ~ * * > 62s e° e

1950-

In 1950, the fourth round of pension and social insurance

_benefits, with relatively. few general wage increases, continued

through the first few months of the year. General Motors and

UAW renewed their wage formula of 2 years’ Stagding for

another 5 years. But there were few imitators until in August

‘a surprise “voluntary” wage boost of 10 cents at Chrysler

dramatized the new situation attending the Korean involve-

ment and set off the. “Fifth Round.” This fifth, “voluntary”

round moved much faster than previous rounds and emphasized

~ straight wage boosts—often-in the neighborhood of 10 percent

—rather than fringes. This was largely the result of two fac-

tors: (1) Many of the later-settlements involved parties who

‘had already signed pension and insurance agreements earlier

in the year or in 1949. (2) A large number of settlements were

outside the contract terms—frequently, they were made with

the knowledge that'wage controls were just around the. corner.

_ Accordingly, welfare benefits were not under consideration.

> 18:3 5

The GM-wage formula—almost completely ignored in 1948—

was now adopted by many companies. Most widely used in the

auto and electrical industries, the essential elements of this

formula—escalator clauses and annual increases—appeared also

in. chemicals, textiles and nonelectrical machinery. In some

cases, contracts linked wage reopenings only generally—rather

than automatically—to the cost of living. But an increasing

number of settlements were of the second type.

1951 . : ion

The rash- of pre-control, “voluntary” settlements continued

into the first three weeks of the year, then was cut short by the

wage freeze late in January. When the Wage Stabilization

Board, in February, came up with its formula allowing increases

of 10 percent over, January 1950 rates, many negotiators were.

quick to settle’on these terms: Of course, such settlements could —

take place only to the extent that this allowance had not already

been used up in the fifth-roynd settlements of late 1950. The

issuance of WSB’s cost-of-living policy later afforded a little

more leeway for wage boosts. But negotiators in many major

‘industries did not stop at wage increases within the Board’s

limits for automatic approval. They went further and settled

- on their own terms. In most cases, WSB found a way to approve

these agreements—sometimes on the basis of a “base period

abnormality” as in textiles, meat packing and shipbuilding,

sometimes in order to correct wage inequities as in nonferrous

metals. In a couple of instances, notably textiles and maritime,

‘the Board trimmed down the negotiated increase to some

extent. | :

_ Provisions for automatic wage adjustments based on the cost

of living were cleared for operation by WSB. In addition, the

Board permitted automatic annual “productivity” raises which

tandem relationship—to be put into effect. So, on one or both

of these bases, workers in the auto, electrical equipment, farm

machinery, railroad and other industries were allowed increases

. above those normally within the Board’s‘ limits.

Actually, there was no.clear-cut pattern of wage increases

during 1951 for industry as a whole. .To the extent that there

was a pattern, it might be described as an extension.of the 10-

percent fifth round to include 10 pércent plus cost-of-living in-

creases, but there were many exceptions. ze

Industry-wide patterns, however, took on an increasing im-

portance throughout the year, in part because of WSB’s policy

of approving wage settlements on a tandem. relationship basis.

In the electrical equipment industry, for instance, both the 1951

12/51

3/52

. 4 its ual \7

6/52

9/52

12/33

_ 3/54 | —-1 cent decrease under escalator

5/4

6/34

2la

settlements were approved “because-of tandem relationships.

The first increase was okayed for companies which could show

a tandem relationship to General Electric, the second for those

which could show a relationship to General Motors’ electrical

divisions. This tended to fortify the post-war practice of most

companies in an industry to wait for the leader to settle and

get the settlement approved by_ the Board; then, by showing

that they had followed the sare wage practices in the past,

they could — the same wage adjustment into effect.

oe + * * * * * * +

18:14d.

Wage Chronology: Automobiles

The table below lists all wage changes and major fringe items

negotiated by General Motors and UAW since the end of World

War II. ; ,

Date Wage Increase - Fringe Items

* * * _ ® * * * * *

3/51 5 cents under escalator

5, 4 cents annual t

/51 improvemen‘

6/51 3 conte on escalator

9/51 1 cent under escalator

1 cent under escalator .

3 cents under escalator

—1l cent decrease under escalator

3 cents under escalator

11/52 | —1 cent decrease under escalator

4/53 | +-1 cent decrease under escalator ie , P

9/33 5 — annual improvement — exe monthly fy pe

ctor; “raised to $137 37.50 after

10 cents for skilled workers;

19 cents of 24-cent cost-of-living

increase frozen into base ra

for all worers

¥ \

_ 9733 1 cent under escalator Qa

2 cents under escalator

5 cents annual improvement factor

—1i cent decrease under escalator

22a

18:14

Wage Chronology: ‘sisiniitthaa: nestle

Wage Increase

Fringe Items

1 cent under escalator

—1 cent decrease under escalator

proverne 6 t minimum) annual

ir vement factor; 8 cents for

escalator

providing t cents cent a yo

ine | vacation for Nor 10

—1 cent decrease under escalator

t min.) annual im-

24% 2% percent (6¢ )

1 cent under escalator

4 cents under escalator

2 cents under escalator

1 cent under escalator

2 t min.) annual . im-

2 cents under escalator

3 cents under escalator

sislsls| slsiSlsls ane

256 percent (64 min. 7 oe “Bad

tive to 71/se

2 at min.,,.7

re Seta

2 cents under escalator

1 cent under escalator

2 cents under escalator

3/3/8/8] §

t min., 7 -) ane

eal Smproversent factor a

2 cents under escalator |

18:16 -

1951

‘In one of the most peaceful ore ever reached in the

coal industry, the Mine Workers signed a “voluntary” agree--

ment late in January 1951, providing a fifth-round increase in

wages of $1.60 per day. In issuing General Regulation No. Z

WSB assured the miners that. their increase would become

effective on the agreed date—February 1.

s * SS ao * * _ , Aa * . * e

18:16a-16b :

* « + * « o! * * * e.

. Wage Chronology: Coal Mining

The table below lists all wage changes and major fringe items

negotiated by the Bituminous Coal Operators and United. Mine

Workers. since the end of World War II. .

‘ Date’ Wage Increases . Fringe Items

5/46 | $1.85, day (about 1814 cents per | Welfare & retirement fund financed

‘ lo ents of 5,cents

Si ith face Raat nnne

cation pay

71/41 $1.20 per day (total increase esti- | Workda retluced one hour; eddi-

at hour, tak- | tional cents .emplo: yment

nag aie Gnt reduction fund (total of +3 cents

into a in|for welfare

~day) per ton)

1/48 | $1.00 per day _ | Additional 10 cents royalty (total of

ts per ton)

cents Additional 3008 cents ro (total of

3/50 70 per day Dye apt yalty

2/51 $1.60 per day = none dh

- | Additional 10 cents ro total of

G08} $1.99 per tay ; 40 cents per ton) yaw f

$1.20 Additional 2 days vacation (12 days

_ _—— total) and a 7 yn

, ; ($140 total) .

4/86 | 80¢ per day deferred increase

10/56

: ible time for wor &

. — rar aus fii waoali

wat O0y per day Guterred inctecse

1/80 | $1.20 per day uae Additiodial $30 in vacation pay (9208

4/39 $00 paw Gay deterred increese

18:32 | |

e . 8 * «* a a * * ee.

1950 -

_ The fifth-round of increases started in October with all the

major firms granting “voluntary” increases of 10 cents an hour

by the end of the year. Exceptions to the 10-cent limit were

CiO’s Electrical Workers at Phelps-Dodge, who got 15 cents,

and AFL’s Aluminum Workers and CIO's Steelworkers with a

10-percent increase at Alcoa—average increase was abot 14

Qha

cents. Shieitaaee Workers at Reynolds Metals sacs the .

same amount—10 percent.) Included in the Alcoa agreement

was an additional 2 cents for Southern _ plus six =

~ holidays. ,

= . * * * * * * * e

18:34f-g

* * * « e Le” ee toy ee

Wage phates Nonfefrous Sritelting & Refining

°- The table below lists all wage changes and major fringe items

negotiated by Kennecott Copper Company and Mine, Mill &

Smelter Workers since the end of World War II.

Date Wage Increase seed Savas eens

Fd] | * * e” - @ * _* _ *

7/31 45 cents (8 cents across the board |Pension plan to cost 4% cents en

lus 7 cents in rate reclassifica- hour *

1/32 | 33 cents per day :

12/82 | 7%¢ per hr. : 3 wks. vac. after 15 yrs.

8/1/33 ‘per hr. for Utah ; 9.2¢ to |Addit. 4.2¢ per hr. for (Utah) intra-

Seder pet hr. for _N & Gate inequity adjustivents. o

9/84 | 5 cents: on | Addit. 2.44¢ per hr. co. pa to

- plan Se ory eg ahitt ‘differentials

8/35 10 cents, general incswene. Pim Revised pension plan providing #17

t ‘increase on of service, exclu-

s - . rive of "Of socis security

7 10 cents general increase Revised pension plan Se

Cie, ae a Ws “hosp pital mal abeeriie

- : for pensio =

1/81,| T-cént deferred increase — |Revised pensions <a 1/36

4/38 | T-cent deferred increase f x

12/58 hr. general increase, plus|A t. amt. toward reduction of

WS ave on increments between uthwest area w: differentials

job classifications in \Ariz. & New Mexico; 7th pd.

ao astine after 12 hte july Gut?

ul le rs.;

> ; addit. health &

- its u increased hospital

Sere fr ceienaey wr

ance pay of — — yr. serv-

ice for ap off because of

changes in methods, — or

cs, 7 “hr.-general increase, plus . ° ox

- +S ave. on. increments between ne on nl.

job classifications .

.» 10/51| 1 cect under escalator

25a

> 18:37 * ries ; | snot

- 1950- Z ve

Early in the year, ‘Sinclair and CIO's Oil Workers agreed A

. revise ‘their existing contributory, voluntary pension plan.

Based on the new amendments to the Federal Social Security »

Law, the revised plan provided a minimum of $125 per month,

including social security, for ee at age 65 after 20 years’

service.

Fifth-round ppttons: for the industry was established on

Texas,'Pan Anjericam and Standard Oil granted increases aver-

- aging six percent—most agreements provided a 10-cent mini-

mum ‘increase. In November, Sinclair settled for a. similar

increase although the company’s contract provided for no wage

increases until mid-1951. On the West Coast, Shell Oil also

" agreed with CIO’s Oil Workers for a 6% increase—with a mini-

mum. of $17 per month.

& cc s. s s - gg. * = .% J

18:38b-c rons ni 7

Wage Chronology: Oil

The table below lists all wage changes and major fringe items

negotiated by Sinclair Companies and Oil, Chemical & Atomic

Workers since the end of World War II.

Date Wage Increase Fringe Items

4/31|. 3.7 percent (7¥i-cont average); es-

: : and 7-cent shift differentials;

7/31 3 5-cent : " 4

1/52 | 3 cents under escalator,

4/32 | —1 cent decrease ,under escalator

4/82 | —3-eent decrease in cost-of-living |

5/32

1/82

bonus; escelator abolished :

15 cents, in part retroactive to 1/52

4 ployees; Pivised holiday pay

: j ; Contributory hospitalization insur-

_ : : ance revised s

Wage Chronology: Oil—Contd. =

pean 26a

Date Wage Increase

1/83: Savings Plan; Company to con-

tribute % of the of em-

? . . a yt} Savings wich are lmiied

9/83 | 4% (averages about 9 cents)

ae O% (15 opat er hour min) caeathn afte Fass setvi

rar | 0% fom soeronctive. $2 Atl AN | Maiceaork: & wis. vec. after 30 Yrs

1/00 | 5% (19:5¢ per hr. avg.)

12/60 | 14¢ per hr. ‘A

* * * * .* oe ee a. we

Wage Chronology: Rub :

_ The table below lists a}l wage changes and major fringe items

negotiated by B. F..Goodrich and Rubber Workers since the

end of World War II. : : ; v

Date Wage Increase Fringe Itema

s . ‘oe in @ * * *?* * *

8/51 | 13 cents - : Z

- §/62)10 cents . — ne Se ——

(1.7 to 7.6 cents in different

plants)

‘Noncontribu hospitaliza’ life

Seer edie and surgi in-

sickness bene-

increase (addit. 11 to

OH | Or oe x ed

‘

nance tions; plus 1.0t

- to be applied locally af

cents hia: é :

- de we yy”

oY provides $180 mo/yr up to |

. ve of security;

. uted on bans of T/izth of 1 per-

cent of m Saas 4@ social securi

8; ts; revised

12¢; eddit. 8¢ for craft and “holiday; 2 weeks and 3

classifica

ba - — "(5% of earn-

ings) for with 11

6.2 yrs.; supplemental jury pay

“7% s : t

4/31 6 cent minimum night -

_---

eis .

bie eaneisen easel

we ee 27a

Wage Chronology: Rubber—Contd. ——

Date Wage Increases Fringe ema

as me intrepient inequity adjust: = ‘ ya ;

of caet x! ehift dif- ;

7/38 | 8¢ per hour general increase

i | absstert ranning tor ob years

i250 ‘thereafter, "$2.38 “for past

@ age 40 10 ‘years; in-

surance; seviess | plan ng

toe sp weeks in states where UC

extends that long, with §30 (was

$25) per week maximum.

8/59 | 10¢ per hr. general increase bs ]

ad ed ag ee |

* . . * * . * . *

18:48-482 * |

At the end of November, U.S. Steel settléd—for the fifth time --

since VJ Day—with CIO’s Steelworkers; general increase was |

‘12% cents plus.a further increase of 14 cent in the increment

between job classes. Average increase was about 16 cents -per

hour—but the over-all percentage figure, including the com-

pounding effect of the increase in the cost’of fringe items, .

amounted to about 11 percent. In addition, Southern mill em-

ployees received 414 cents, cutting the North-South differential

to 10 cents an hour. An extra 814 cents was set aside for a job

classification program for iron-ore miners in Minnesota who

received a 1244-cent general increase. Negotiations were limited

to economic issues only and no action was taken on revising the -

pénsion plan to-provide higher minimum payments as in auto

and other industries. By the end of:the year all major steel

companies, including Bethlehem, Republic, Jones & Laughlin

and Inland, had settled on almost identical terms.

18:48ef

Wage Chronology: U. S. Steel ————

The table below lists all general wage changes and major

fringe items negotiated by U.S. Steel. and the Steelworkers

since the end of World War I. .

"Date Wage Increase ‘Additional Fringe Items

e * * * * j * -." * *

“South differential of 10 cents

ve eres oes i eae t

ERASE a eo ae

cation cut from 25 to 15 years cS

‘a : ad 1 elim-

ia] ome Resear erases Gsone one

2% cents, on 1/54; area -

en eliminated or reduced; pen-

| & insurance to be

1/4 | 5 cents & —~ contribution to 4in-

: $50) istration costs against insurance

~*~ plan

7/s8.}.11%¢ cent, minimum increase, plus

= “42%, cont minima Sustments ( ete

spread now 6 cents); 27-cent maxi- aye

1/86 | 742 cents plus 03 t on Supplemental unemployment pene-

ments between ob classifications plan; & insur-

est. 104% cents ase : —_ y for Sunday; Ith

earnings clau= ~ ided. pd. holiday; supplemental jury duty

; revised 0 yr holi-

1/51 | 3 cents under escalator

7/31 | 4 cents under escalator

q 7 cents jus. 0.2 cent on job incre- .

os: (ba cents i in-

1/58

1/88

—

ments’ avg.) deferred

crease

5 cents under escalator

7 cents plus 0.2 cent on job iricre-

ments (9.1 cents avé-) deferred in-

7/88 | 4 cents under escalator

1/58 1 cent under escalator : ne

* ee ee. “ eee ae -

- : “

. ; %

. 3 é

- 2 :

- Ma

' s ;

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‘

s °

a ‘

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- .

. Yor

—

~ \

. ~ ‘

; 1

‘

Ce]

: °

‘ ‘6

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5 mae

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* ~ .

— |

— s

as :

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‘Oo ‘Oo o °o

; mae ee ee ae ee ae ee ee

2 Re BS RR Gg.

$,NL@ UON|IW 49d 4so>

TVA SPOT COAL PRICES, 1954 - 1958 *

Kingston Steam Plant - John Sevier Steam Plant

and 107 (16592).

* Source: Exhibits 102 (16552)

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.