# Appendix — United Mine Workers v. Pennington > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386411_0181%3A09 ## Record - **Collection:** Supreme Court brief - **Document type:** Appendix - **Published:** January 1, 1965 - **Citation:** 381 U.S. 657 ## Text o ae ct ° ‘ - A . Pa “ . ‘ . .. ag s =" a\ a . . . $ - , * r P « . ‘ ¢ £ 9. Oy ; 7 end 4 8 e . . — 4 . . . . e ‘ on tS ° “ a f a} . * ‘ . e . Z ; . : * , =| bod - — pease Ot . \ : . m : la 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, { 7 2a - ¢. 690, Title VIII, 50 Stat. 693; July 7, 1955, c. 281, 69 Stat. 282, . ere .. a * . # ae § 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. “ S . ss . —, en ~~ yr ‘ / . 4a 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. ae 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 & 5a 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” s 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; (c) Paying or giving to, or withholding Hess any. per- “son participating or interested in such.labor dispute, ariy strike or unemployment benefits or insurance, or other moneys or waengs of value; | ool i] / | 6a us (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. . : . aa , 4 ? r . Sy. =e 4 on . —_ ty 7a 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- : + aos yar @ '&'- v4 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 9a Vike ¢ 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 , | & 9 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; CG ° Co: = (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 e e id v eB wl . . Lhe *,e * « 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- ’ . - 63 Stat. 910. © / ee -$ 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 % , oo 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 a 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 © had been agreed to before the freeze—or weré based on a 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 oO 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 under escalator © —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- oe 2 cents under escalator 3 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 - * 2. 8 + «© * - * * * -8 _ 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 ; 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 . rY {~ .» 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 2 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 | iets’ Her’ a yours, vesting © @ 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 ; . ° ‘ s ° a ‘ > nk” - . . Yor . * — ~ \ . ~ ‘ ; 1 . ‘ - . Ce] : ° . ‘ ‘6 : » 2 . 3 ; . . 5 mae ., » . * ~ . g — | = + LL — s i 7 ¥ . _ as : a: oa ge a > eo o £e Sy ‘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) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386411_0181%3A09. Public record. Not legal advice.